Myrtle Point City Zoning Code

   The purpose of this subchapter is to implement the objectives in divisions (A) through (E) below:

   (A)   Provide rules, regulations and standards governing the approval of subdivisions, partitions and property line adjustments as follows:

      (1)   Subdivisions are the creation of four or more lots from one parent lot, parcel or tract, within one calendar year;

      (2)   Partitions are the creation of three or fewer lots from one parent lot, parcel or tract within one calendar year; and

      (3)   Property line adjustments are modifications to lot lines or parcel boundaries that do not result in the creation of new lots (includes consolidation of lots).

   (B)   Carry out the city’s development pattern, as envisioned by the city’s comprehensive plan;

   (C)   Encourage efficient use of land resources and public services and provide transportation options;

   (D)   Promote the public health, safety and general welfare through orderly and efficient urbanization; and

   (E)   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.

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

   (A)   Subdivision and partition approval through two-step process.

      (1)   Applications for subdivision or partition approval shall be processed by means of a preliminary plat evaluation and a final plat evaluation, according to the following two steps.

         (a)   The preliminary plat must be approved before the final plat can be submitted for approval consideration.

         (b)   The final plat must demonstrate compliance with all conditions of approval of the preliminary plat.

      (2)   Property line adjustments and lot consolidation requests (i.e., no new lot is created) are subject to § 153.254; they are not subject to this section or §§ 153.247 through 153.253.

   (B)   Compliance with ORS Chapter 92. All subdivision and partition proposals shall conform to state regulations in ORS Chapter 92, subdivisions and partitions.

   (C)   Future re-division plan. When subdividing or partitioning tracts into large lots (i.e., greater than three times or 300% the minimum lot size allowed by the underlying land use district), the lots shall be of such size, shape and orientation as to facilitate future re-division and extension of streets and utilities. The applicant shall submit a future redivision plan, or shadow plan, indicating how re-division of oversized lots and extension of planned public facilities to adjacent parcels can occur in the future.

   (D)   Adequate utilities. All lots created through land division shall have adequate public utilities and facilities such as streets, water, sewer, gas and electrical systems, pursuant to §§ 153.185 through 153.194. These systems shall be located and constructed underground where feasible.

   (E)   Adequate drainage. All subdivision and partition proposals shall have adequate surface water drainage facilities that reduce exposure to flood damage and improve water quality. Water quality or quantity control improvements may be required, pursuant to §§ 153.185 through 153.194.

   (F)   Adequate access. All lots created or reconfigured shall have adequate vehicle access and parking, as may be required, pursuant to §§ 153.140 through 153.142.

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

   (A)   Review of preliminary plat. Preliminary plats shall be processed using the Type III procedure under § 153.208. All preliminary plats, including partitions and subdivisions, are subject to the approval criteria in § 153.249.

   (B)   Preliminary plat approval period. Preliminary plat approval shall be effective for a period of two years from the date of approval. The preliminary plat shall lapse if a final plat has not been submitted or other assurance provided, pursuant to § 153.251, within the two-year period. The Planning Commission may approve phased subdivisions, pursuant with division (D) below, with an overall time frame of more than two years between preliminary and final plat approvals.

   (C)   Modifications and extensions. The applicant may request changes to the approved preliminary plat or conditions of approval following the procedures and criteria provided in §§ 153.280 through 153.283. The Planning Commission may, upon written request by the applicant and payment of the required fee, grant written extensions of the approval period not to exceed one year per extension, provided that all of the following criteria are met:

      (1)   Any changes to the preliminary plat follow the procedures in §§ 153.280 through 153.283;

      (2)   The applicant has submitted written intent to file a final plat within the one-year extension period;

      (3)   An extension of time will not prevent the lawful development of abutting properties;

      (4)   There have been no changes to the applicable code provisions on which the approval was based. If such changes have occurred, a new preliminary plat application shall be required; and

      (5)   The extension request is made before expiration of the original approved plan.

   (D)   Phased subdivision. The Planning Commission may approve phased subdivisions; provided, that the applicant proposes a reasonable phasing schedule that meets all of the following criteria.

      (1)   In no case shall the construction time period (i.e., for required public improvements, utilities and streets) for the first subdivision phase be more than one year.

      (2)   Public facilities shall be constructed in conjunction with or prior to each phase.

      (3)   The phased development shall not result in requiring the city or a third party (e.g., owners of lots) to construct public facilities that are required as part of the approved development proposal.

      (4)   The proposed time schedule for phased development approval shall be reviewed concurrently with the preliminary subdivision plat application.

      (5)   Planning Commission approval is required for modifications to phasing plans.

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

   Applications for preliminary plat approval shall contain all of the following information:

   (A)   General submission requirements.

      (1)   Information required for a Type III review. See § 153.208.

      (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, which shall address, at a minimum: the transportation system, including required improvements for vehicles and pedestrians; the drainage system; the parks system (for subdivisions and planned unit developments of 20 or more dwelling units); the water system; and the sewer system. For each system and type of impact, the study shall propose improvements necessary to meet city standards under adopted ordinances and facility master plans.

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

   (B)   Preliminary plat information. In addition to the general information described in division (A) above, the preliminary plat application shall consist of drawings and supplementary written material (i.e., on forms and/or in a written narrative) adequate to provide the following information, in quantities determined by City Planning Official.

      (1)   General information. The following general information is required:

         (a)   Name of subdivision (partitions are named by year and file number). This name shall not duplicate the name of another land division in the county (check with County Surveyor);

         (b)   Date, north arrow and scale of drawing;

         (c)   Location of the development sufficient to define its location in the city, boundaries and a legal description of the site;

         (d)   Zoning of parcel to be divided, including any overlay zones;

         (e)   A title block including the names, addresses and telephone numbers of the owners of the subject property and, as applicable, the name of the engineer and surveyor and the date of the survey; and

         (f)   Identification of the drawing as a preliminary plat.

      (2)   Existing conditions. Except where the City Planning Official deems certain information is not relevant, applications for preliminary plat approval shall contain all of the following information on existing conditions of the site:

         (a)   Location, name and present width of all streets, alleys and rights-of-way on and abutting the site;

         (b)   Width, location and purpose of all existing easements of record on and abutting the site;

         (c)   Location and identity of all utilities on and abutting the site: If water mains and sewers are not on or abutting the site, indicate the direction and distance to the nearest one and show how utilities will be brought to standards;

         (d)   Ground elevations shown by contour lines at two-foot vertical interval: Such ground elevations shall be related to some established benchmark or other datum approved by the County Surveyor; the Planning Commission may waive this standard for partitions when grades, on average, are less than 6%;

         (e)   The location and elevation of the closest benchmark(s) within or adjacent to the site (i.e., for surveying purposes);

         (f)   The base flood elevation, per FEMA flood insurance rate maps, as applicable;

         (g)   North arrow and scale; and

         (h)   Other information as deemed necessary by the City Planning Official for review of the application. The city may require studies or exhibits prepared by qualified professionals to address specific site features and code requirements.

      (3)   Proposed development. Except where the City Planning Official deems certain information is not relevant, applications for preliminary plat approval shall contain all of the following information on the proposed development:

         (a)   Proposed lots, streets, tracts, open space and park land (if any); location, names, right-of-way dimensions, approximate radius of street curves; and approximate finished street centerline grades. All streets and tracts that are being held for private use and all reservations and restrictions relating to such private tracts shall be identified;

         (b)   Easements: location, width and purpose of all proposed easements;

         (c)   Lots and private tracts (e.g., private open space, common area or street): approximate dimensions, area calculation (e.g., in square feet) and identification numbers for all proposed lots and tracts;

         (d)   Proposed uses of the property, including all areas proposed to be dedicated as public right-of-way or reserved as open space for the purpose of surface water management, recreation or other use;

         (e)   Proposed public street improvements, pursuant to §§ 153.185 through 153.194;

         (f)   On slopes exceeding an average grade of 10%, as determined by the City Engineer, the preliminary location of development on lots (e.g., building envelopes), demonstrating that future development can meet minimum required setbacks and applicable engineering design standards;

         (g)   Preliminary design for extending city water and sewer service to each lot, per §§ 153.185 through 153.194;

         (h)   Proposed method of stormwater drainage and treatment, if required, pursuant to §§ 153.185 through 153.194;

         (i)   The approximate location and identity of other utilities, including the locations of street lighting fixtures, as applicable;

         (j)   Evidence of compliance with applicable overlay zones, including, but not limited to, the city’s floodplain overlay; and

         (k)   Evidence of contact with the applicable road authority for proposed new street connections.

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

   (A)   Approval criteria. The Planning Commission may approve, approve with conditions or deny a preliminary plat. The Planning Commission decision shall be based on findings of compliance with all of the following approval criteria:

      (1)   The land division application shall conform to the requirements of §§ 153.245 through 153.254;

      (2)   All proposed lots, blocks and proposed land uses shall conform to the applicable zoning provisions of this chapter;

      (3)   Access to individual lots and public improvements necessary to serve the development, including, but not limited to, water, sewer and streets, shall conform to the development and design standards of this chapter);

      (4)   The proposed plat name is not already recorded for another subdivision, and satisfies the provisions of ORS Chapter 92;

      (5)   The proposed streets, utilities and surface water drainage facilities conform to city adopted master plans and applicable engineering standards and allow for transitions to existing and potential future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and dedications;

      (6)   All proposed private common areas and improvements, if any, are identified on the preliminary plat and maintenance of such areas is assured through appropriate legal instrument;

      (7)   Evidence that any required state and federal permits, as applicable, have been obtained or can reasonably be obtained prior to development; and

      (8)   Evidence that improvements or conditions required by the city, road authority, the county, special districts, utilities and/or other service providers, as applicable to the project, have been or can be met.

   (B)   Conditions of approval. The Planning Commission may attach such conditions as are necessary to carry out provisions of this chapter and other applicable ordinances and regulations.

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

   Variances shall be processed in accordance with §§ 153.310 through 153.314. Applications for variances shall be submitted at the same time an application for land division or lot line adjustment is submitted; when practical, the applications shall be reviewed concurrently.

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

   Final plats require review and approval by the Planning Commission prior to recording with the county. The final plat submission requirements, approval criteria and procedure are as follows.

   (A)   Submission requirements. The applicant shall submit the final plat within two years of the approval of the preliminary plat as provided by § 153.249. The format of the plat shall conform to ORS Chapter 92.

   (B)   Approval process and criteria. By means of a Type II review, the Planning Commission shall review and approve or deny the final plat application based on findings of compliance or noncompliance with the all of the following criteria:

      (1)   The final plat is consistent in design (e.g., number, area, dimensions of lots, easements, tracts and rights-of-way) with the approved preliminary plat, and all conditions of approval have been satisfied;

      (2)   All public improvements required by the preliminary plat have been installed and approved by the city or applicable service provider if different than the city (e.g., road authority), or otherwise bonded in conformance with § 153.194;

      (3)   The streets and roads for public use are dedicated without reservation or restriction other than reversionary rights upon vacation of any such street or road and easements for public utilities;

      (4)   All required streets, access ways, roads, easements and other dedications or reservations are shown on the plat;

      (5)   The plat and deed contain a dedication to the public of all public improvements, including, but not limited to, streets, public pathways and trails, access reserve strips, parks and water and sewer facilities, as applicable;

      (6)   As applicable, the applicant has furnished acceptable copies of covenants, conditions and restrictions (CC&Rs), easements, maintenance agreements (e.g., for access, common areas, parking and the like) and other recorded documents pertaining to common improvements recorded and referenced on the plat;

      (7)   Verification by the city that water and sanitary sewer service is available to every lot depicted on the plat; and

      (8)   The plat contains an affidavit by the surveyor who surveyed the land, represented on the plat to the effect the land was correctly surveyed and marked with proper monuments as provided by ORS Chapter 92, indicating the initial point of the survey and giving the dimensions and kind of such monument and its reference to some corner approved by the County Surveyor for purposes of identifying its location.

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

   A new lot is not a legal lot for purposes of ownership (title), sale, lease or development/land use until a final plat is recorded for the subdivision or partition containing the lot is recorded. Requests to validate an existing lot created through means other than a final plat (“lot of record”) shall follow the procedures set forth in ORS 92.010 through 92.190. The final plat filing and recording requirements are as follows.

   (A)   Filing plat with county. Within 60 days of the city approval of the final plat, the applicant shall submit the final plat to the county for signatures of county officials as required by ORS Chapter 92.

   (B)   Proof of recording. Upon final recording with the county, the applicant shall submit to the city a Mylar copy and three paper copies of all sheets of the recorded final plat. This shall occur prior to the issuance of building permits for the newly created lots.

   (C)   Prerequisites to recording the plat.

      (1)   No plat shall be recorded unless all ad valorem taxes and all special assessments, fees or other charges required by law to be placed on the tax roll have been paid in the manner provided by ORS Chapter 92.

      (2)   No plat shall be recorded until the County Surveyor approves it in the manner provided by ORS Chapter 92.

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

   Any plat or portion thereof may be re-platted or vacated upon receiving an application signed by all of the owners as appearing on the deed. Except as required for street vacations, the same procedure and standards that apply to the creation of a plat (preliminary plat followed by final plat) shall be used to re-plat or vacate a plat. Street vacations are subject to ORS Chapter 271. A re-plat or vacation application may be denied if it abridges or destroys any public right in any of its public uses, improvements, streets or alleys; or if it fails to meet any applicable city standards.

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

   A property line adjustment is the modification of lot boundaries when no lot is created. The City Planning Official reviews applications for property line adjustments pursuant to the Type I procedure under § 153.206. The application submission and approval process for property line adjustments is as follows.

   (A)   Submission requirements. All applications for property line adjustment shall be made on forms provided by the city and shall include information required for a Type I review, pursuant to § 153.206. The application shall include a preliminary lot line map drawn to scale identifying all existing and proposed lot lines and dimensions; footprints and dimensions of existing structures (including accessory structures); location and dimensions of driveways and public and private streets within or abutting the subject lots; location of lands subject to the city’s floodplain overlay; existing fences and walls; and any other information deemed necessary by the Planning Commission for ensuring compliance with city codes. The application shall be signed by all of the owners as appearing on the deeds of the subject lots.

   (B)   Approval criteria. The City Planning Official shall approve or deny a request for a property line adjustment in writing based on all of the following criteria.

      (1)   Parcel creation. No additional parcel or lot is created by the lot line adjustment.

      (2)   Lot standards. All lots and parcels conform to the applicable lot standards of the zoning district, including lot area, dimensions, setbacks and coverage. As applicable, all lots and parcels shall conform to the city’s floodplain overlay.

      (3)   Access and road authority standards. All lots and parcels conform to the standards or requirements of §§ 153.140 through 153.142, and all applicable road authority requirements are met. If a lot is nonconforming to any city or road authority standard, it shall not be made less conforming by the property line adjustment.

   (C)   Recording property line adjustments.

      (1)   Recording. Upon the city’s approval of the proposed property line adjustment, the applicant shall record the property line adjustment documents with the county within 60 days of approval (or the decision expires) and submit a copy of the recorded survey map to the city to be filed with the approved application.

      (2)   Time limit. The applicant shall submit a copy of the recorded property line adjustment survey map to the city within 15 days of recording and prior to any application being filed for a building permits on the re-configured lots.

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