Myrtle Point City Zoning Code

   (A)   The purpose of the Hazard Overlay Zone is to provide protection for both the city and its residents through the provision of the development standards based on physiographic conditions, including, but not limited to, slope of the land, natural drainage ways, soil characteristics and lands subject to land movements or erosion.

   (B)   The provisions of this development code seek to address geologic hazards identified on city lands that may be subject to reasonably anticipated or predictable hazard events (i.e., 100-year frequency) while allowing development where the property owner shows through expert evidence and mitigating measures that the proposed development can be made reasonable safe from known hazards. The property owner, including subsequent property owners, take responsibility for the hazard and any potential damage that might result. Issuance of a building permit under this code is not considered an assurance or guarantee that the site will not fail or that damage will not be incurred.

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

   (A)   All applications for development shall be reviewed by the City Planning Official through a Type II procedure for compliance with the Hazard Overlay Zone. The City Planning Official may elect to have the Planning Commission complete the review. Those requests that are reviewed by the Planning Commission shall be accompanied by a report from the City Planning Official concerning compliance with the hazard overlay. The City Planning Official or the Planning Commission may require additional investigation or a revised report from the geologist or engineer to ensure the site adequately addresses the intent of this chapter. The City Planning Official or Planning Commission may deny the issuance of a permit if subsequent investigation or reporting does not provide satisfactory evidence that safe development can occur on the site.

   (B)   All decisions of the City Planning Official may be appealed to the Planning Commission. Decisions made by the Planning Commission concerning hazard overlay compliance shall be appealed in accordance with § 153.207.

   (C)   If, at the time of application, the applicant can prove through testimony of a registered engineer or engineering geologist that a parcel shown to be on Class B or Class C lands does not have any geologic or soils hazards that will adversely affect development on the parcel in question or on any other parcel, the City Planning Official or the Planning Commission may waive mitigation requirements.

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

   The following factors shall be used to determine the classifications of various hazard overlay zones and their constraints to building and development upon them.

   (A)   Class A lands: no hazard. Class A lands are those which have no constraints as defined by this code. The underlying zone and, if applicable, other overlay zones in which the parcel is located, may limit development.

   (B)   Class B lands: steep slopes. Class B lands are those which lie on slopes greater than 15%. Class B lands shall require a site review report as described under § 153.094.

   (C)   Class C lands: soil limitations.

      (1)   Class C lands are those that have hazardous conditions based on soil characteristics identified in the county’s resource conservation service soil survey, but may be on slopes of less than 15%. These soils are listed in the city’s comprehensive plan’s soil inventory. Class C hazards may include, but are not limited to: shrink/swell; slope stability failures or ponding; or poor drainage. Class C lands also include any existing unstable landforms, such as areas of evident slumps, slides, ground creep, debris flows, seeps and springs or other groundwater manifestations that would have an impact on soil stability. Class C lands do not include those that are subject to flooding or are found within the floodplain as identified in the comprehensive plan. Class C lands shall require a site review report as described under § 153.094.

      (2)   The above classifications are cumulative in their effect and, if a parcel of land falls under two or more classifications, it shall be subject to the regulations of each classification. Those restrictions applied shall pertain to the entire parcel on which development occurs.

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

   (A)   The city has adopted official maps denoting the identified areas of natural hazard. The maps are generalized in nature and provide basic reference to soils that may contain hazards. On-site investigation shall be required as per § 153.094 to make a final determination of whether hazards exist on lands to be developed. If the City Planning Official suspects that property not identified on the official maps may be subject to a natural hazard described in § 153.092, he or she may withhold issuance of the development permit for 30 days to study the facts relating to the land. Compliance shall be required only after a report from an engineer or engineering geologist as applicable to the problem identified, certifies that the land in question complies with the description of a natural hazard in § 153.092. In this case, the burden of proof is on the city.

   (B)   Annexation of lands to the city subsequent to the adoption of this overlay requires a determination of existing hazards. Any hazards identified on the land to be annexed shall be amended to the official maps. If the city initiates the annexation, the city shall pay the cost of determination of hazards; if a property owner initiates the annexation, the property owner is responsible for determining the existence of hazards on the property or properties being annexed.

   (C)   Amendment of the natural hazard maps shall require review and approval by the City Council pursuant to §§ 153.310 through 153.314.

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

   (A)   Development or redevelopment on lands identified as Class B or Class C that requires the issuance of a structural building permit or entails excavation or fill of greater than 50 cubic yards shall be subject to conditions, restriction and recommendations outlined in a site review report to be completed by an engineer or engineering geologist.

   (B)   This report shall include the following:

      (1)   Client or party that commissioned the report;

      (2)   Name, signature and registration number of engineer or geologist who completed the investigation on which the report is based, as well as the dates when the work was done;

      (3)   Written description and map of site in regard to location and general setting, major geographic and geologic features, topography, slope and existing cut and fill materials;

      (4)   Project description and preliminary site map including location on the site, drainage, local vegetation and proposed cut and/or fill;

      (5)   Discussion of any existing slope stability problems on the parcel under investigation, as well as on surrounding parcels;

      (6)   Discussion of soil types on the site. The reporting of soil types must be consistent with classifications used by the National Resource Conservation Service Soils Survey of the county;

      (7)   Specific recommendations for cut slope and fill stability, seepage, erosion and drainage control or other design criteria to mitigate recognized geologic hazards;

      (8)   A statement that the site has been adequately investigated and can be safely developed in keeping with the report recommendations if the recommendations are employed and are reasonably maintained and that anticipated or predictable hazard events will not destroy or seriously damage the structure or require major repair to it; and

      (9)   In addition to any development recommendations in the site review report, the following standards will apply.

         (a)   Any cuts and/or fills greater than 50 cubic yards in Class B lands must be designed by an engineer to comply with the Uniform Building Code, being ORS 455.010 et seq. Such cuts and/or fills shall be designed in such a manner that they will be stable for the use intended.

         (b)   All development which removes vegetation or disturbs topsoil and which leaves the disturbed soil at a slope of 20% or more shall be replanted in a manner to reestablished vegetation within a one-year period from issuance of a certificate of occupancy.

         (c)   Any development that increases the natural runoff by decreasing the infiltration of the soil shall conform to the following standards.

            1.   All roof drainage must be collected, controlled and directed either by underground pipe or concrete asphalt gutter to a city street or storm drain.

            2.   All drainage from driveways, parking areas and other impervious surfaces must be collected and directed to a city street or storm drain by underground pipe or concrete or asphalt gutter.

            3.   Other alternate methods of stormwater disposal, such as a leach field, may be approved by the City Public Works Department.

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

   Once the development is completed, the engineer or geologist who provided the hazards report shall declare to the city that all recommended mitigating measures were followed as stipulated in the site report.

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

   Nothing in this subchapter shall abridge the city’s right to inspect work in progress or in its completed state, to make appropriate measurements and tests to determine if the development was made according to plan and to require alterations prior to final approval of the development.

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