Myrtle Point City Zoning Code

   The purpose of this subchapter is to advance all of the following objectives in the public interest:

   (A)   Carry out the development pattern and plan of the city and its comprehensive plan policies through efficient and effective review of site development proposals;

   (B)   Promote the public health, safety and general welfare;

   (C)   Provide adequate light and air, prevent overcrowding of land and provide for adequate transportation, water supply, sewage, fire protection, pollution control, surface water management and protection against natural hazards; and

   (D)   Encourage efficient use of land resources and public services and the provision of transportation options.

(Ord. 1267, passed 1-3-2012)

   Site plan review approval is required for new development. Site plan review approval is also required to expand a nonconforming use or development. Except as specified by a condition of approval on a prior city decision, or as required for uses subject to conditional use permit approval, site plan review is not required for the following:

   (A)   Change in occupancy from one type of land use to a different land use resulting in no increase in vehicular traffic;

   (B)   Single-family detached dwelling (including manufactured home) on its own lot;

   (C)   A single duplex or two single-family attached (common-wall town home) units;

   (D)   Nonresidential building addition of up to 500 square feet;

   (E)   Home occupation, except for uses requiring a conditional use permit;

   (F)   Accessory structures and accessory parking;

   (G)   Development and land uses that are already approved as part of a site plan review or conditional use permit application, provided modifications to such plans may require site plan review, pursuant to §§ 153.280 through 153.283;

   (H)   Public improvements required by city standards or as stipulated by a condition of land use approval (e.g., transportation facilities and improvements, parks, trails, utilities and similar improvements), as determined by the City Planning Official, except where a condition of approval requires site plan review; and

   (I)   Regular maintenance, repair and replacement of materials (e.g., roof, siding, awnings and the like), parking resurfacing and similar maintenance and repair shall be exempt from review.

(Ord. 1267, passed 1-3-2012)

   Site plan review shall be conducted using the Type II procedure in § 153.207, except that proposals exceeding the thresholds below shall be reviewed using the Type III procedure in § 153.208:

   (A)   The proposed use’s estimated vehicle trip generation exceeds 100 average daily trips, based on the latest edition of the Institute of Transportation Engineers (ITE) Manual (the equivalent of approximately ten dwelling units or a 1,000 square foot bank with drive-through window);

   (B)   The use exceeds 5,000 square feet of gross leasable floor area; or the project involves more than one acre total site area;

   (C)   The proposal involves a conditional use (new or expanded);

   (D)   The proposal involves a variance under § 153.312;

   (E)   The proposal involves expansion of a nonconforming use; or

   (F)   The City Planning Official determines that, due to the nature of the proposal, a public hearing is the most effective way to solicit public input in reviewing the application.

(Ord. 1267, passed 1-3-2012)

   All of the following information is required for site plan review application submittal, except where the City Planning Official determines that some information is not pertinent and therefore is not required.

   (A)   General submission requirements.

      (1)   Information required for Type II or Type III review. As applicable (see §§ 153.205 through 153.210).

      (2)   Public facilities and services impact study. The impact study shall quantify and assess the effect of the development on public facilities and services. The city shall advise as to the scope of the study. The study shall address, at a minimum: the transportation system, including required improvements for vehicles and pedestrians; the drainage system; the parks system; water system; and sewer system. For each system and type of impact, the study shall propose improvements necessary to meet city requirements.

      (3)   Traffic impact analysis. As may be required by the city or other roadway authority.

   (B)   Site plan review information. In addition to the general submission requirements an applicant for site plan review shall provide the following information, as deemed applicable by the City Planning Official. The City Planning Official may request any information that he or she needs to review the proposal and prepare a complete staff report and recommendation to the approval body:

      (1)   Site analysis map. The site analysis map shall contain the following information, as the City Planning Official deems applicable:

         (a)   The applicant’s entire property and the surrounding property to a distance sufficient to determine the location of the development in the city and the relationship between the proposed development site and adjacent property and development. The property boundaries, dimensions and gross area shall be identified;

         (b)   Topographic contour lines at two-foot intervals for slopes, except where the Public Works Director determines that larger intervals will be adequate for steeper slopes;

         (c)   Identification of slopes greater than 15%, with slope categories identified in 5% increments (e.g., 0%-5%, >5%-10%, >10%-15%, >15%-20% and so forth);

         (d)   The location and width of all public and private streets, drives, sidewalks, pathways, rights-of-way and easements on the site and adjoining the site;

         (e)   Potential natural hazard areas, including, as applicable, the base flood elevation identified on FEMA flood insurance rate maps or as otherwise determined through site specific survey, areas subject to high water table, and areas designated by the city, county or state as having a potential for geologic hazards;

         (f)   Areas subject to overlay zones;

         (h)   Site features, including existing structures, pavement, large rock outcroppings, areas having unique views and drainage ways, canals and ditches;

         (i)   The location, size and species of trees and other vegetation (outside proposed building envelope) having a caliper (diameter) of six inches greater at four feet above grade;

         (j)   North arrow, scale, names and addresses of all persons listed as owners of the subject property on the most recently recorded deed; and

         (k)   Name and address of project designer, engineer, surveyor and/or planner, if applicable.

      (2)   Proposed site plan. The site plan shall contain the following information:

         (a)   The proposed development site, including boundaries, dimensions and gross area;

         (b)   Features identified on the existing site analysis maps that are proposed to remain on the site;

         (c)   Features identified on the existing site map, if any, which are proposed to be removed or modified by the development;

         (d)   The location and dimensions of all proposed public and private streets, drives, rights-of-way and easements;

         (e)   The location and dimensions of all existing and proposed structures, utilities, pavement and other improvements on the site. Setback dimensions for all existing and proposed buildings shall be provided on the site plan;

         (f)   The location and dimensions of entrances and exits to the site for vehicular, pedestrian and bicycle access;

         (g)   The location and dimensions of all parking and vehicle circulation areas (show striping for parking stalls and wheel stops);

         (h)   Pedestrian and bicycle circulation areas, including sidewalks, internal pathways, pathway connections to adjacent properties and any bicycle lanes or trails;

         (i)   Loading and service areas for waste disposal, loading and delivery;

         (j)   Outdoor recreation spaces, common areas, plazas, outdoor seating, street furniture and similar improvements;

         (k)   Location, type and height of outdoor lighting;

         (l)   Location of mail boxes, if known;

         (m)   Name and address of project designer, if applicable;

         (n)   Locations of bus stops and other public or private transportation facilities; and

         (o)   Locations, sizes and types of signs.

      (3)   Architectural drawings. Architectural drawings, as applicable:

         (a)   Building elevations with dimensions;

         (b)   Building materials, colors and type; and

         (c)   Name and contact information of the architect or designer.

      (4)   Preliminary grading plan. A preliminary grading plan prepared by a registered engineer shall be required for development sites one-half acre or larger, or where otherwise required by the city. The preliminary grading plan shall show the location and extent to which grading will take place, indicating general changes to contour lines, slope ratios, slope stabilization proposals and location and height of retaining walls, if proposed. Surface water detention and treatment plans may also be required, in accordance with § 153.189.

      (5)   Landscape plan. Where a landscape plan is required, it shall show the following, pursuant to §§ 153.155 through 153.159:

         (a)   The location and height of existing and proposed fences, buffering or screening materials;

         (b)   The location of existing and proposed terraces, retaining walls, decks, patios, shelters and play areas;

         (c)   The location, size and species of the existing and proposed plant materials (at time of planting);

         (d)   Existing and proposed building and pavement outlines;

         (e)   Specifications for soil at time of planting, irrigation if plantings are not drought-tolerant (may be automatic or other approved method of irrigation) and anticipated planting schedule; and

         (f)   Other landscaping information as deemed appropriate by the City Planning Official. An arborist’s report may be required for sites with mature trees that are to be retained and protected.

      (6)   Deed restrictions. Copies of all existing and proposed restrictions or covenants, including those for roadway access control.

      (7)   Narrative. Letter or narrative report documenting compliance with the applicable approval criteria contained in § 153.229.

      (8)   Traffic impact analysis. When required, shall be prepared in accordance with the road authority’s requirements.

      (9)   Other information determined by the City Planning Official. The city may require studies or exhibits prepared by qualified professionals to address specific site features or project impacts (e.g., traffic, noise, environmental features, natural hazards and the like), as necessary to determine a proposal’s conformance with this chapter.

(Ord. 1267, passed 1-3-2012)

   (A)   An application for site plan review shall be approved if the proposal meets all of the following criteria.

   (B)   The city decision-making body may in approving the application impose reasonable conditions, consistent with the following applicable criteria:

      (1)   The application is complete, as determined in accordance with §§ 153.205 through 153.210 and 153.228;

      (2)   The application complies with all of the applicable provisions of the underlying land use district, including, but not limited to, building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture and other applicable standards;

      (3)   The proposal includes required upgrades, if any, to existing development that does not comply with the applicable land use district standards, as may be required under § 153.004;

      (4)   The proposal complies with all of the development and design standards of this chapter, as applicable, including, but not limited to:

         (a)   Sections 153.140 through 153.142: access and circulation;

         (b)   Sections 153.155 through 153.159: landscaping, fences and walls and outdoor lighting;

         (c)   Sections 153.170 through 153.174: parking and loading; and

         (d)   Sections 153.185 through 153.194: public facilities.

      (5)   All adverse impacts to adjacent properties, such as light, glare, noise, odor, vibration, smoke, dust or visual impact, are avoided; or where impacts cannot be avoided, they are minimized; and

      (6)   The proposal meets all existing conditions of approval for the site or use, as required by prior land use decision(s), as applicable.

   (C)   Compliance with other city codes and requirements, though not applicable land use criteria, may be required prior to issuance of building permits.

(Ord. 1267, passed 1-3-2012 )

   Public improvement required as part of a site plan review approval shall be subject to the performance guarantee and warranty bond provisions of § 153.194, as applicable.

(Ord. 1267, passed 1-3-2012)

   (A)   Development shall not commence until all applicable land use and development approvals are final and effective. Construction of public improvements shall not commence until the city has approved all required public improvement plans (e.g., utilities, streets, public land dedication and the like). The city may require bonding or other assurances for improvements.

   (B)   Site plan review approvals are subject to all of the following standards and limitations.

      (1)   Approval period. Site plan review approvals shall be effective for a period of one year from the date of approval. The approval shall lapse if:

         (a)   A public improvement plan or building permit application for the project has not been submitted within one year of approval; or

         (b)   Construction on the site is in violation of the approved plan.

      (2)   Extension. The City Planning Official, upon written request by the applicant, may grant a written extension of the approval period not to exceed one year; provided, that:

         (a)   No changes are made on the original approved plan;

         (b)   The applicant can show intent of initiating construction on the site within the one-year extension period;

         (c)   There have been no changes to the applicable code provisions on which the approval was based. If there have been changes to the applicable code provisions and the subject plan does not comply with those changes, then the extension shall not be granted; in this case, a new site plan review shall be required; and

         (d)   The applicant demonstrates that failure to obtain building permits and substantially begin construction within one year of site design approval was beyond the applicant’s control.

      (3)   Modifications to approved plans and developments. Modifications to approved plans are subject to city review and approval under §§ 153.280 through 153.283.

(Ord. 1267, passed 1-3-2012)