A. Within the zones established by this code, there exist lots, structures, and uses of land and structures which were lawful before this code was passed or amended, but which are now prohibited, regulated, or restricted under the terms of this code and amendments.

B. It is the intent of this code to permit these nonconformities until they are removed or abandoned, but not to encourage their survival. Such uses are declared by this code to be incompatible with permitted uses in the zones involved. It is further the intent of this code that nonconformities shall not be enlarged upon, significantly modified, expanded, or extended, except as provided for in this code.

C. To avoid undue hardship, nothing in this code shall be deemed to require changes in plans, construction, or use of any building on which a building permit in accordance with this code has been legally issued prior to the effective date of the ordinance codified in or amendment of this code, except that applications for extension of a building permit shall not be approved to exceed a period of one year from the date of adoption or amendment of this code. [Ord. 2451, 12-2-96. Code 2001 § 151.140.]

A. Use to Be Abated When No Main Building Involved. Where no main buildings are used in connection with the nonconforming use of land, or where the only buildings are accessory or incidental to such use, the nonconforming use of such land shall be discontinued not later than three years after such use becomes nonconforming, and all uses thereafter shall conform to the regulations of the applicable district classification and the provisions of this code.

B. Expansion. A nonconforming use of land shall not be expanded or extended in any way either on the same or any adjoining land.

C. Discontinue or Change. The discontinuance of a nonconforming use of land or a change of a nonconforming use of land to some other kind of a nonconforming use constitutes abandonment and termination of the nonconforming use, and thereafter the use of the land must conform to the regulations of the applicable district classification.

D. Legally occurring agricultural uses, including, but not limited to, orchards, hay or grain farming, row crops, or other similar uses, may be allowed to retain their nonconforming status indefinitely. [Ord. 2451, 12-2-96. Code 2001 § 151.141.]

Penalty: See NMC 15.05.120.

Legally existing nonconforming uses may not be expanded, changed, modified, or altered in any way, except that a use may be modified to be less intensive in nature. Should a nonconforming use be abandoned for a period of at least 12 months, the nonconforming status of the use is lost, except as follows; provided, that there are extenuating circumstances (as determined by the planning commission), the planning commission may, through the use permit process, allow the reestablishment of the nonconforming use subject to conditions and an agreement on a specific date (not to exceed 10 years) at which time the nonconforming use will be permanently abandoned. [Ord. 2451, 12-2-96. Code 2001 § 151.142.]

Penalty: See NMC 15.05.120.

Legally existing nonconforming use of buildings or structures may be maintained subject to the following conditions; provided, that said building or structure is not abated or specifically regulated by this and other chapters of this code. No additions or enlargements shall be made to a nonconforming use of a building or structure except:

A. Additions or enlargements required by law.

B. Additions or enlargements to existing churches and schools if such otherwise conform to the regulations then in effect for the district in which located, including height, yard and area provisions. [Ord. 2451, 12-2-96. Code 2001 § 151.143.]

Penalty: See NMC 15.05.120.

Unless completely or partially destroyed, pursuant to NMC 15.205.070, nonconforming buildings or structures with legal conforming uses may be altered or modified, including conversion of a detached single-family dwelling to a duplex dwelling, triplex dwelling or quadplex dwelling, subject to any one of the following requirements. This shall be processed as a Type I application for single-family dwellings, duplex dwellings, triplex dwellings or quadplex dwellings, and as a Type II application for all commercial, industrial, and multifamily dwelling uses.

A. The addition or modification affects a part of the structure which will meet the current setback, height, yard or similar regulations and the addition or modification will not worsen the nonconforming status of the building; or

B. The addition or modification provides a logical expansion of the building and is within the existing building setback lines where:

1. In the opinion of the director, the expansion or modification will not adversely affect neighboring properties;

2. Building code requirements can be met;

3. The expansion or modification proposed is similar to other nonconforming buildings or structures in the area; and

4. Reasonable provisions have been made to minimize the impact of the nonconforming status of the building or structure; or

C. A building or parking area that is nonconforming to the standards of this code but otherwise conforms to the use provisions of the zoning district may be expanded; provided, that the portion of the building or parking area proposed for expansion complies with the provisions of this code. [Ord. 2889 § 2 (Exh. B § 3), 12-6-21; Ord. 2880 § 2 (Exh. B § 4), 6-7-21; Ord. 2451, 12-2-96. Code 2001 § 151.144.]

Penalty: See NMC 15.05.120.

A. Where a single-family, duplex, triplex, quadplex, townhouse, or multifamily dwelling, or a cottage cluster project, is a legal, nonconforming use in any zoning district, it may be rebuilt if partially or completely destroyed. If a single-family, duplex, or multifamily dwelling is completely or partially destroyed, it may be rebuilt either in conformance with the setback, height restriction, and other regulations of the district in which it is located or with the standards of the R-2 zoning district. The minimum lot area requirement does not apply.

B. In addition, if a structure was originally constructed and legally occupied as a single-family dwelling or duplex dwelling, and it has since been converted to a different use, the structure may be reconverted back to a single-family dwelling or duplex dwelling, subject to applicable building codes. The dwelling shall either meet current parking requirements, or shall provide the same parking that was provided prior to the conversion from dwelling to another use. No more than two dwelling units per lot may be allowed under this provision. [Ord. 2889 § 2 (Exh. B § 4), 12-6-21; Ord. 2880 § 2 (Exh. B § 5), 6-7-21; Ord. 2730 § 1 (Exh. A (8)), 10-18-10; Ord. 2561, 4-1-02; Ord. 2451, 12-2-96. Code 2001 § 151.145.]

Penalty: See NMC 15.05.120.

A. Conditions for Restoration – Extension.

1. Whenever, in any district, a building or structure occupied by a nonconforming use is damaged or destroyed to the extent of 50 percent or less of its assessed value by fire, explosion or other casualty, it may be restored and the occupancy or use of such building or structure, or part of such building or structure, which existed at the time of such partial destruction may be continued, if such restoration is started within a period of 12 months of such damage or destruction and is diligently prosecuted to completion.

2. An extension of the 12-month period may be approved by the planning commission through a Type III process. In order to receive an extension the applicant must demonstrate compliance with the following criteria. The planning commission may deny the extension based on inadequate demonstration that all of the criteria can be met.

a. There are unusual or extraordinary circumstances which prohibit the owner from beginning restoration;

b. The owner or applicant has diligently pursued the restoration process and can adequately demonstrate their ability to continue to pursue the restoration;

c. There are permits required from other agencies besides the city which have prevented the restoration process from occurring sooner; and

d. The requested extension is no longer than one year from the date in which the first 12-month period expired.

B. In the event such damage or destruction exceeds 50 percent of the assessed value of the building or structure occupied by a nonconforming use, no repair or reconstruction shall be made unless every portion of such building or structure is made to conform to the height, yard, parking area and use regulations of the district classification in which it is located. [Ord. 2451, 12-2-96. Code 2001 § 151.146.]

Penalty: See NMC 15.05.120.

Nothing in this chapter shall be deemed to prevent the repair or maintenance of any building or part of a building. [Ord. 2451, 12-2-96. Code 2001 § 151.147.]

When a nonconforming use is annexed into the city, at time of annexation the applicant shall provide the planning commission and city council a schedule for the removal of the nonconforming use per NMC 15.250.100. [Ord. 2451, 12-2-96. Code 2001 § 151.148.]

A. Compliance for Temporary and Portable Signs. All temporary or portable signs not in compliance with the provisions of this code shall be removed immediately.

B. Compliance for All Other Signs. The owner of any sign that was placed legally but does not now conform to the requirements of this code shall either remove the sign or register it with the city on a form provided by the director prior to January 1, 2000. All signs that do not comply with the standards of this code shall be removed prior to March 31, 2010. Exceptions are:

1. Any legal nonconforming sign that exceeds that maximum allowable size or height by less than 10 percent may remain.

2. Prior to March 31, 2009, the owner of any legal nonconforming sign may apply to allow the legal nonconforming sign to remain. Such requests shall be heard by a hearings officer appointed by the city manager, and shall be approved, approved with conditions, or denied based on the following:

a. The sign is in a good state of repair and maintenance.

b. The number, size, and height of signs to remain is minimal and contributes to an attractive appearance to the neighborhood.

c. The use of bold and bright colors, lighting, and designs is minimal.

d. Other elements of the site are well maintained and attractive.

Except as specifically determined by the hearings officer, any sign allowed to remain under the provisions of this subsection is subject to removal under the provisions of subsections (C), (D), and (E) of this section.

C. Abandonment. Any sign not in compliance with the provisions of this code shall be removed by the owner if the site on which the sign is located is vacant for a period of one year or more. If the owner fails to remove the sign, the city may abate the sign as provided in NMC 15.05.100.

D. Site Improvements. Any sign not in compliance with the provisions of this code shall be removed if the buildings or site improvements on the site on which the sign is located are replaced or modified, except additions and remodels allowed under a Type I design review, NMC 15.220.020(A).

E. Sign Modifications. Signs not in compliance with the provisions of this code, when replaced, relocated, modified or altered, shall be brought into compliance with this code. For purposes of this section, a modification or alteration shall not include the following:

1. Maintenance and repairs such as cleaning, painting, refacing, replacing damaged portions of the sign, or similar activities that do not involve a change in copy.

2. A change of a panel on a sign for three or more tenants designed to have removable panels.

3. A modification of the existing cabinet and/or face of the sign that results in a reduction in size and/or height of the sign and that does not involve a change in copy.

F. Historic Landmarks and Cultural Landmarks Exemption. The provisions of subsections (A) through (E) of this section shall not apply to any sign located in a historic landmarks subdistrict or on a historic landmark, or a sign over 50 years old designated by the city council as a cultural landmark.

G. Signs Approved Through Approval of Sign Program. Any sign that was approved through approval of a sign program under prior codes but that does not now meet the provisions of this code shall be removed prior to January 1, 2015. Prior to January 1, 2014, the owner may apply for the sign to remain under the process described in subsection (B) of this section. [Ord. 2706 § 1 (Exh. A(1)), 10-6-08; Ord. 2499, 11-2-98; Ord. 2451, 12-2-96. Code 2001 § 151.149.]

Penalty: See NMC 15.05.120.

Due to the inherent nature and limitation of the code, it is not possible to encompass all the different situations arising from the various properties treated by this code. The director may grant limited adjustments to the terms of this code when such adjustments are within the limitations and conditions contained in this section. These provisions shall be used sparingly within the purpose and intent of the code and the limitations shall not be exceeded under any circumstances. [Ord. 2451, 12-2-96. Code 2001 § 151.175.]

The director may authorize adjustments from the following requirements through a Type I procedure subject to the following:

A. Yard Setback Dimensions, Lot Area, Percentage of Lot Coverage, Lot Dimensions.

1. The director may approve adjustments to:

a. Setbacks/Street Trees. Maximum adjustment of 25 percent of the dimensional standards for front yard setback requirements and the spacing of street trees.

b. Lot Area. Maximum adjustment of five percent of the lot area required. A lot area adjustment shall not be granted, thereby allowing a greater number of dwelling units than that permitted without the adjustment.

c. Percentage of Lot Coverage. Maximum adjustment of two percent more than permitted for all land uses, except the maximum parking area coverage for R-3 districts may be increased up to 50 percent.

d. Lot Dimensions. Maximum of 10 percent of the required lot dimensions or frontages.

2. Approval Criteria. Approval of an adjustment shall be based on written findings. The director shall find that approval will result in:

a. More efficient use of the site.

b. Preservation of natural features, where appropriate.

c. Adequate provisions of light, air and privacy to adjoining properties.

d. Adequate emergency access.

e. The adjustment is consistent with the setbacks, lot area, and/or coverage of buildings or structures previously existing in the immediate vicinity.

B. Interior Yard Setback Requirements in Residential Zones.

1. Except for lots designated as “zero lot line lots,” the director may approve an adjustment in the interior yard requirements so that a distance not less than three feet is maintained.

2. Approval Criteria. Approval of an adjustment to the interior yard setback shall be based upon the following:

a. A site plan is approved by the director prior to issuance of a building permit. In approving a site plan, the director may attach any conditions necessary to fulfill the purpose of this code.

b. Adequate light, air and open space is provided on the lot.

c. The building is limited to one story.

d. The building is compatible with physical conditions and adjacent property.

e. The adjustment is consistent with the setbacks, lot area, and/or coverage of buildings or structures previously existing in the immediate vicinity.

C. Dimensional Standards and Minimum Number of Off-Street Parking Spaces.

1. The director may approve adjustments to the dimensional standards of off-street parking spaces; standards for minimum number of off-street parking spaces; and required spaces to be used for compact cars excepting handicapped parking requirements.

2. Approval Criteria. The director shall find that approval will provide adequate off-street parking in relation to user demands. The following factors may be considered in granting an adjustment:

a. Special characteristics of users which indicate low demand for off-street parking (e.g., low income, elderly).

b. Opportunities for joint use of nearby off-street parking facilities.

c. Availability of public transit.

d. Natural features of the site (topography, vegetation and drainage) which would be adversely affected by application of required parking standards.

e. Possible conversion of the site to other uses in the future.

f. No adjustment shall be greater than 25 percent of the requirement from which the exception is granted.

D. Vision Clearance Requirements on Corner Lots.

1. Vision clearance requirements on corner lots may be waived by the director.

2. Approval Criteria. In the case of a minor exception to the vision clearance requirements, the director shall find that the following conditions are satisfied:

a. Traffic entering the intersection is controlled by traffic signals or stop signs; and

b. On-street vehicle parking, street trees or other plantings do not interfere with necessary vision clearance; or

c. In lieu of these findings, that topographic conditions are so extreme that it is not practical to provide required vision clearance. [Ord. 2505, 2-1-99; Ord. 2499, 11-2-98; Ord. 2451, 12-2-96. Code 2001 § 151.176.]

The director may attach any condition to the adjustment if such condition relates directly and specifically to the matter being adjusted. [Ord. 2451, 12-2-96. Code 2001 § 151.177.]

An adjustment granted under this code shall be effective only when the exercise of the right granted thereunder shall be commenced within two years from the effective date of the decision. The director may authorize extensions of the duration of the decision for an additional 12 months each not to exceed five years upon written application where necessary to complete substantially the same project for which the adjustment was granted and the applicable code adjustment criteria and zoning of the subject property have not changed. In case such right is not exercised, or extension obtained, the adjustment decision shall be void. Any adjustment granted pursuant to this code is transferable to subsequent owners or contract purchasers of the property unless otherwise provided at the time of granting such adjustment. [Ord. 2933 § 1 (Exhs. A-1a, A-1b), 2-18-25; Ord. 2451, 12-2-96. Code 2001 § 151.178.]

It is the intent that variances may be granted in order to prevent or to lessen practical difficulties and unnecessary physical hardships inconsistent with the objectives of this code as would result from a strict or literal interpretation of this code. [Ord. 2451, 12-2-96. Code 2001 § 151.160.]

A. Variances may be used to allow modification to specific standards contained in this code if the approval authority finds the applicant has satisfactorily documented compliance with the approval criteria. If a variance request is approved, the approval authority may attach conditions to the final decision in order to mitigate adverse impacts which might result from the approval.

B. The following regulations may not be varied:

1. The uses permitted in the land use district.

2. Definitions.

3. Restrictions on use or development that contain the word “prohibited.”

4. Signs. [Ord. 2499, 11-2-98; Ord. 2451, 12-2-96. Code 2001 § 151.161.]

The property owner desiring a variance shall file an application with the director on a form prescribed by the director, which shall include the following data:

A. Statement of the precise nature of the variance requested and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Newberg comprehensive plan and code, which would result from a strict or literal interpretation and enforcement of a specified regulation of this code, together with any other data pertinent to the findings prerequisite to the granting of a variance prescribed in this chapter.

B. When a requested variance is for aesthetic reasons, as they relate to the front yard, fences or walls, on the basis of a substitute plan of equal aesthetic value, a statement of the precise nature of the variance requested shall be submitted.

C. An accurate scale drawing of the site and any adjacent property affected, showing all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas. [Ord. 2451, 12-2-96. Code 2001 § 151.162.]

The Type II procedure shall be used to process a variance request. The hearing body shall grant the variance if the following criteria are satisfied:

A. That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this code.

B. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other properties classified in the same zoning district.

C. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district.

D. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district.

E. That the granting of the variance will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity. [Ord. 2451, 12-2-96. Code 2001 § 151.163.]

The director may attach any condition to the variance if such condition relates directly and specifically to the request for variance. [Ord. 2451, 12-2-96. Code 2001 § 151.164.]

A variance granted under this code shall be effective only when the exercise of the right granted thereunder shall be commenced within one year from the effective date of the decision. The director may authorize extensions of the duration of the decision for an additional 12 months each not to exceed five years upon written application where necessary to complete substantially the same project for which the variance was granted and the applicable variance criteria and zoning of the subject property have not changed. In case such right is not exercised, or extension obtained, the variance decision shall be void. Any variance granted pursuant to this code is transferable to subsequent owners or contract purchasers of the property unless otherwise provided at the time of granting such variance. [Ord. 2933 § 1 (Exhs. A-1a, A-1b), 2-18-25; Ord. 2451, 12-2-96. Code 2001 § 151.165.]

These provisions provide for the review and approval process of the design of certain developments and improvements in order to promote functional, safe and innovative site development compatible with the natural and manmade environment. The following provisions are intended to discourage unsightly development, improve the quality of new development in the city, coordinate the site planning process with existing and proposed development, and provide a pleasant working and living environment in the city. Furthermore, these provisions are intended to coordinate the site development process through review of the architecture of the structure(s), signs, landscaping, and other design elements on the site. [Ord. 2451, 12-2-96. Code 2001 § 151.190.]

A. Applicability of Requirements. Site design review shall be required prior to issuance of building permits or commencement of work for all improvements noted below. Site design review permits shall be processed as either Type I or Type II, as noted below.

1. Type I. There are two subcategories of Type I site design review. Except as otherwise required by this code, uses listed in this subsection and indicated with an asterisk (*) do not require a land use application and are processed concurrently with any application for a building permit when such permit is required. All other uses listed in this subsection require a Type I land use application which must be approved before building permits may be issued for the project.

a. Single-family dwellings*;

b. Duplex dwellings*;

c. Triplex dwellings*;

d. Quadplex dwellings*;

e. Townhouse dwellings*;

f. Cottage cluster projects;

g. Institutional, commercial or industrial building additions which do not exceed 1,000 square feet or 10 percent of the gross floor area of an existing structure, whichever is greater, except as required by this code;

h. Multifamily additions or remodels which do not exceed 1,000 square feet or 10 percent of the gross floor area of an existing structure, whichever is greater, and do not add any dwelling units;

i. Multifamily additions or remodels that are internal to an existing structure and do not add floor area or dwelling units*;

j. New construction of any type that is accessory to an existing use on a developed site, does not add more than 1,000 square feet to an improved portion of the lot, or 10 percent of the gross floor area of an existing structure, whichever is greater, and does not add dwelling units;

k. Signs which are not installed in conjunction with a new development or remodel;

l. Parking area modifications, including new paving, landscaping, lighting, restriping that adds, reduces, or reconfigures a parking space or drive aisle, or regrading of an existing multifamily, institutional, commercial or industrial parking lot. Does not include restriping, sealing, and similar maintenance and repair;

m. Fences and trash enclosures*;

n. Accessory dwelling units*.

2. Type II.

a. Any new development or remodel which is not specifically identified within subsection (A)(1) or (A)(3) of this section.

b. Telecommunications facilities.

3. Type III.

a. Multifamily dwellings in the R-2, RP or C-4 zone not meeting the objective process requirements of NMC 15.220.060.

b. Multifamily dwellings in the R-1, R-4 or C-2 zone (conditional use permit also required).

c. Multifamily dwellings in the C-3 zone along Hancock Street (conditional use permit also required).

4. Exemptions to Type I and Type II Process. The following development activities are exempt from Type I or Type II standards:

a. Replacement of an existing item such as a roof, floor, door, window or siding.

b. Remodels that are completely internal to an existing structure and do not substantially change or expand the existing use of the structure.

B. Development in Accord with Plans. Construction, site development, and landscaping shall be carried out in substantial accord with the plans, drawings, sketches, and other documents approved as part of a final decision on a site design review.

C. Site Design Review Time Limit. An approved site design review plan intended to be constructed in a single phase shall be valid for two years from the effective date of the decision. A complete application for public improvement plan review or building permit including all required plans and plan review fees must be submitted within this time period or the design review approval shall terminate. The director under a Type I procedure may grant extensions of up to 12 months each not to exceed five years if the applicant files a request in writing prior to the expiration of the approval and demonstrates compliance with the following:

1. The land use designation of the property has not been changed since the initial design review approval; and

2. The applicable standards in this code which applied to the project have not changed.

D. Phased Design Review Approval. If a site plan is approved to be constructed in phases, completion of each phase shall extend the expiration of the original design review approval by 12 months from the date of its expiration. Prior to the expiration of each phase, the applicant may apply for an extension to the phase which is about to expire through subsection (C) of this section. The extension of a phase under subsection (C) of this section shall also extend any subsequent phases. The total number of extensions shall not extend the original design review approval more than five years from its original approval date. An applicant with a project containing two or more phases may elect to submit a master site development plan, with the following options:

1. The applicant may provide all of the detailed information for a Type II site design review approval, per the requirements of NMC 15.220.030(B), for all phases of the project. Once the master site development plan is approved:

a. Each subsequent phase of development is permitted outright upon a showing that the proposed phase is being constructed in substantial compliance with the approved plan. This review of substantial compliance will be undertaken by means of a Type I procedure. A phase of development will be considered to be within substantial compliance if the actual characteristics of the project, e.g., total gross square feet of development, employees, vehicle trips, parking spaces, are within five percent of those projected in the approved master site development plan; providing, that the project still is in compliance with all applicable development standards in effect at the time of the approval, or existing applicable development standards, if these are less stringent than the standards in effect at the time of approval. In lieu of minor modifications by the five percent rule established above, the applicant may request minor adjustments through the administrative adjustment provisions in NMC 15.210.010 et seq.

b. If at the time of construction a subsequent phase of development is not in substantial compliance with the approved plan as defined above, the proposed changes will be subject to review by means of a Type II procedure, including any necessary variances to the applicable development standards in effect at the time of the new application. Those aspects of the phase which do not vary from the approved plan will be reviewed under the provisions of subsection (D)(1)(a) of this section, and not subject to the review required in this subsection.

2. Institutions and other large developments that anticipate significant development over time, but cannot provide detailed information about future projects or phases of development in advance, can develop a concept master site development plan which addresses generic site development and design elements including but not limited to general architectural standards and materials, landscaping standards and materials, on-site vehicular and pedestrian circulation, institutional sign program, and baseline traffic and parking studies and improvement programs. The applicant will be required to undergo Type II site design review, per the requirements of NMC 15.220.030(B), for each project or phase of development at the time of construction, including demonstration of substantial compliance with the generic development and design elements contained within the approved concept master site development plan. The more detailed and comprehensive the generic elements in the concept master site development plan are, the more reduced is the scope of discretionary review at the time of actual construction of a project or phase of development. For purposes of this subsection, “substantial compliance” will be defined as noted in subsection (D)(1)(a) of this section.

3. An applicant that submits a concept master site development plan which meets the requirements of subsection (D)(2) of this section may at the same time submit a master site development plan for one or more of the initial phases contained in the concept master site development plan, which are described in sufficient detail to receive complete design review approval in advance, under the provisions of subsection (D)(1) of this section. The concept master site development plan and master site development plan will be filed as separate applications but reviewed concurrently.

4. The approval(s) granted in this section shall be in effect as follows:

a. Once a master site development plan has been approved, completion of each phase shall extend the expiration of the original site design review approval by 12 months from the date of its expiration. Prior to the expiration of each phase, the applicant may apply for an extension to the phase which is about to expire through subsection (C) of this section. The extension of a phase under subsection (C) of this section shall also extend to any subsequent phases. The total number of extensions shall not extend the original site design review approval by more than five years from its original approval date.

b. Institutions submitting a concept master site development plan shall be held to the same requirement provided in subsection (D)(2)(a) of this section, unless the plan specifically includes an expiration date. In no case shall a concept master site development plan cover a period exceeding 10 years.

E. Modification to an Approved Design Review. Following design review approval, an applicant may make modifications to the plan consistent with the following procedures. The director will determine whether the proposed modification is a minor or a major modification.

1. Minor modifications are those which are in substantial compliance with the layout, uses and conditions of the original design review. Generally, the characteristics of the project, such as the layout or size of buildings, number of units, number of parking spaces, landscaping areas, and similar changes, are within five percent of those in the original proposal. The director may approve a minor modification under a Type I procedure upon finding that the modification is substantially consistent with the approved design review, is consistent with the provisions of this code and the conditions of approval, and does not have substantially greater impacts on surrounding properties than the original plan. Changes shall meet all development code requirements.

2. Other modifications are major modifications. Major modifications are any proposed changes to elements of the approved plan or conditions of approval not meeting the thresholds in subsection (E)(1) of this section. An application for major modification shall be reviewed under the same procedure as the original application. The criteria for approval shall be those for design review.

3. All applications for modifications under this provision shall be considered new applications for the purposes of the 120-day time limit for processing applications in accordance with NMC 15.100.100 and state statutes. The applicant shall acknowledge in writing that this is a new application for purposes of the 120-day rule.

4. The city council shall establish a fee for modification of approved design review by resolution. [Ord. 2933 § 1 (Exhs. A-1a, A-1b), 2-18-25; Ord. 2913 § 2 (Exh. B § 4), 4-17-23; Ord. 2889 § 2 (Exh. B § 5), 12-6-21; Ord. 2880 § 2 (Exh. B § 6), 6-7-21; Ord. 2832 § 1 (Exh. A), 7-2-18; Ord. 2730 § 1 (Exh. A (16)), 10-18-10; Ord. 2590, 11-6-03; Ord. 2536, 11-6-00; Ord. 2451, 12-2-96. Code 2001 § 151.191.]

A. Type I. Applications for Type I permit decisions shall be submitted upon forms established by the director. The application shall include a site development plan, drawn to scale, with the following as appropriate to the nature of the use:

1. Access to site from adjacent right-of-way, streets and arterials;

2. Parking and circulation areas;

3. Location and design of buildings and signs;

4. Orientation of windows and doors;

5. Entrances and exits;

6. Private and shared outdoor recreation spaces;

7. Pedestrian circulation;

8. Outdoor play areas;

9. Service areas for uses such as mail delivery, trash disposal, above-ground utilities, loading and delivery;

10. Areas to be landscaped;

11. Exterior lighting;

12. Special provisions for handicapped persons;

13. Other site elements and spaces which will assist in the evaluation of site development;

14. Proposed grading, slopes, and proposed drainage;

15. Location and access to utilities; and

16. Streets, driveways, and sidewalks.

B. Type II or III. The following information is required to be submitted with all Type II or III applications for site design review:

1. Site Development Plan. A site development plan shall be to scale and shall indicate the following as appropriate to the nature of the use:

a. Access to site from adjacent right-of-way, streets and arterials;

b. Parking and circulation areas;

c. Location and design of buildings and signs;

d. Orientation of windows and doors;

e. Entrances and exits;

f. Private and shared outdoor recreation spaces;

g. Pedestrian circulation;

h. Outdoor play areas;

i. Service areas for uses such as mail delivery, trash disposal, aboveground utilities, loading and delivery;

j. Areas to be landscaped;

k. Exterior lighting;

l. Special provisions for handicapped persons;

m. Other site elements and spaces which will assist in the evaluation of site development;

n. Proposed grading, slopes, and proposed drainage;

o. Location and access to utilities including hydrant locations; and

p. Streets, driveways, and sidewalks.

2. Site Analysis Diagram. A site analysis diagram shall be to scale and shall indicate the following characteristics on the site and within 100 feet of the site:

a. Relationship of adjacent lands;

b. Location of species of trees greater than four inches in diameter at four feet above ground level;

c. Existing and proposed topography;

d. Natural drainage and proposed drainage and grading;

e. Natural features and structures having a visual, or other significant relationship with the site.

3. Architectural Drawings. Architectural drawings shall be prepared which identify floor plans and elevations.

4. Landscape Plan. The landscape plan shall indicate:

a. The size, species and approximate locations of plant materials to be retained or placed on the site together with a statement which indicates the mature size and canopy shape of all plant materials;

b. Proposed site contouring; and

c. A calculation of the percentage of the site to be landscaped.

5. Special Needs for Handicapped. The design review plan shall indicate compliance with all handicapped accessibility requirements including, but not limited to, the location of handicapped parking spaces, the location of accessible routes from the entrance to the public way, and ramps for wheelchairs.

6. Existing Features and Natural Landscape Including Wetlands. The plans shall indicate existing landscaping and existing grades. Existing trees or other features intended to be preserved or removed shall be indicated on the plans. A wetland delineation approved by the Oregon Department of State Lands shall be submitted for any property listed on the State Wetlands Inventory or that is located within the city’s mapped stream corridor.

7. Drives, Parking and Circulation. Proposed vehicular and pedestrian circulation, parking spaces, parking aisles, and the location and number of access points shall be indicated on the plans. Dimensions shall be provided for all elements.

8. Drainage. The direction and location of on- and off-site drainage shall be indicated on the plans. This shall include, but not be limited to, site drainage, parking lot drainage, size and location of storm drain lines, and any retention or detention facilities necessary for the project as identified in the submitted preliminary stormwater report.

9. Buffering and Screening. Buffering and screening of areas, structures and facilities for storage, machinery and equipment, services (mail, refuse, utility wires, and the like), loading and parking and similar accessory areas and structures shall be shown on the plans.

10. Signs and Graphics. The location, colors, materials, and lighting of all exterior signs, graphics or other informational or directional features shall be shown on the plans.

11. Exterior Lighting. Exterior lighting within the design review plan shall be indicated on the plans. The direction of the lighting, size and type of fixtures, and an indication of the amount of lighting shall be shown on the plans.

12. Trash and Refuse Storage. All trash or refuse storage areas, along with appropriate screening, shall be indicated on the plans. Refuse storage areas must be constructed of brick, concrete block or material matching the material used on other proposed structures on the site.

13. Roadways and Utilities. The proposed plans shall indicate any public improvements that will be constructed as part of the project, including, but not limited to, roadway and utility improvements.

14. Traffic Study. A traffic study shall be submitted for any project that generates in excess of 40 trips per p.m. peak hour. This requirement may be waived by the director when a determination is made that a previous traffic study adequately addresses the proposal and/or when off-site and frontage improvements have already been completed which adequately mitigate any traffic impacts and/or the proposed use is not in a location which is adjacent to an intersection which is functioning at a poor level of service. A traffic study shall be required by the director for projects below 40 trips per p.m. peak hour where the use is located immediately adjacent to an intersection functioning at a poor level of service. The traffic study shall be conducted according to the City of Newberg design standards. [Ord. 2933 § 1 (Exhs. A-1a, A-1b), 2-18-25; Ord. 2913 § 2 (Exh. B § 5), 4-17-23; Ord. 2619, 5-16-05; Ord. 2451, 12-2-96. Code 2001 § 151.192.]

Applications for site design review may be approved subject to such conditions as are necessary to fulfill the purpose and provisions of this code. [Ord. 2451, 12-2-96. Code 2001 § 151.193.]

A. Type I. The following criteria are required to be met in order to approve a Type I design review request:

1. Zoning District Compliance. The proposed use shall be listed as a permitted or conditionally permitted use in the zoning district in which it is located as found in NMC 15.305.010 through 15.336.020.

2. Setbacks and General Requirements. The proposal shall comply with NMC 15.405.010 through 15.405.050 relating to lot size, lot coverage, and parking coverage requirements; NMC 15.410.010 through 15.410.080 dealing with yard setback, special setback, and vision clearance requirements; and NMC 15.415.010 through 15.415.070 dealing with height restrictions, public access, and residential development standards.

3. Landscaping Requirements. The proposal shall comply with NMC 15.420.010 dealing with landscape requirements and landscape screening.

4. Signs. Signs shall comply with NMC 15.435.010 et seq. dealing with signs.

5. Parking. Parking areas shall meet the requirements of NMC 15.440.010.

6. Sufficient Infrastructure. For all triplex dwellings, quadplex dwellings, townhouse dwellings, and cottage cluster developments, the city shall work with the applicant to ensure that sufficient infrastructure will be provided, or can be provided, to include:

a. Connection to a public wastewater system capable of meeting established service levels.

b. Connection to a public water system capable of meeting established service levels.

c. Access via public or private streets meeting adopted emergency vehicle access standards to a city’s public street system.

d. Storm drainage facilities capable of meeting established service levels for storm drainage.

B. Type II or III. The following criteria are required to be met in order to approve a Type II or III design review request:

1. Design Compatibility. The proposed design review request incorporates an architectural design which is the same as existing or proposed uses and structures in the surrounding area. This shall include, but not be limited to, building architecture, materials, colors, roof design, landscape design, and signage.

2. Zoning District Compliance. The proposed use shall be listed as a permitted or conditionally permitted use in the zoning district in which it is located as found in NMC 15.305.010 through 15.336.020. Through this site review process, the director may make a determination that a use is determined to be similar to those listed in the applicable zoning district, if it is not already specifically listed. In this case, the director shall make a finding that the use shall not have any different or more detrimental effects upon the adjoining neighborhood area than those specifically listed.

3. Subdistrict Compliance. Properties located within subdistricts shall comply with the provisions of those subdistricts located in NMC 15.340.010 through 15.348.060.

4. Setbacks and General Requirements. The proposal shall comply with NMC 15.405.010 through 15.405.050 relating to lot size, lot coverage, and parking coverage requirements; NMC 15.410.010 through 15.410.080 dealing with yard setback, special setback, and vision clearance requirements; and NMC 15.415.010 through 15.415.070 dealing with height restrictions, public access, and residential development standards.

5. Landscaping Requirements. The proposal shall comply with NMC 15.420.010 dealing with landscape requirements and landscape screening.

6. Signs. Signs shall comply with NMC 15.435.010 et seq. dealing with signs.

7. Parking and On-Site Circulation. Parking areas shall meet the requirements of NMC 15.440.010. Parking studies shall be required to determine if adequate parking and circulation are provided for uses not specifically identified in NMC 15.440.010. Provisions shall be made to provide on-site circulation without using the public streets as part of the parking lot circulation pattern. Parking areas shall be designed so that vehicles can efficiently enter and exit the public streets with a minimum impact on the functioning of the public street.

8. Manufactured Dwelling, Mobile Home and RV Parks. Manufactured dwelling and mobile home parks shall also comply with the standards listed in NMC 15.445.075 through 15.445.100 in addition to the other clear and objective criteria listed in this section. RV parks also shall comply with NMC 15.445.170 in addition to the other criteria listed in this section.

9. Alternative Circulation, Roadway Frontage Improvements and Utility Improvements. New developments shall provide for access for vehicles and pedestrians to adjacent properties which are currently developed or will be developed in the future. This may be accomplished through the provision of local public streets or private access and utility easements. At the time of development of a parcel, provisions shall be made to develop the adjacent street frontage in accordance with city street standards and the standards contained in the transportation plan. At the discretion of the city, these improvements may be deferred through use of a deferred improvement agreement or other form of security.

10. Traffic Study Improvements. If a traffic study is required, improvements identified in the traffic study shall be implemented as required by the director. [Ord. 2933 § 1 (Exhs. A-1a, A-1b), 2-18-25; Ord. 2913 § 2 (Exh. B § 6), 4-17-23; Ord. 2889 § 2 (Exh. B § 6), 12-6-21; Ord. 2763 § 1 (Exh. A § 7), 9-16-13; Ord. 2747 § 1 (Exh. A § 5), 9-6-11; Ord. 2451, 12-2-96. Code 2001 § 151.194.]

The purpose of this section is to ensure that multifamily residential containing five or more units meet minimum standards for good design, provide a healthy and attractive environment for those who live there, and are compatible with surrounding development.

A. Review Process. Two review processes are available for review of multifamily residential development: objective and discretionary. An applicant may choose which process to use. The objective process uses clear and objective standards that do not require the use of discretionary decision-making. The discretionary process uses design guidelines that are more subjective in nature and are intended to provide the applicant with more design flexibility. Regardless of the review process, the applicant must demonstrate how the applicable standards or guidelines are being met.

As part of the discretionary site design review process, an applicant for a new multifamily residential project must demonstrate that some of the following site and building design elements, each of which has a point value, have been incorporated into the design of the project. At least 14 points are required for smaller multifamily projects with five to eight units and at least 20 points are required for multifamily projects with nine or more units. For more information and illustrations of each element, refer to the Newberg Residential Development Design Guidelines (July 1997).

A project may be reviewed using only one of the two review processes. For example, a project may not use some of the objective standards and some of the discretionary guidelines for one application. Pursuant to Chapters 15.100 and 15.220 NMC:

1. A Type II review is required for:

a. Projects in zones R-2, R-3, RP, AR, C-3 (except along Hancock Street), C-4, and I following the objective process.

b. Projects in zones R-3, AR, C-3 (except along Hancock Street), and I following the discretionary process.

2. A Type III site design review is required for:

a. Projects in zones R-2, RP and C-4 following the discretionary process.

b. Projects in zones R-1, R-4, C-2, C-3 (Hancock Street) (conditional use permit also required).

B. Design Guidelines and Standards. Applicable guidelines and standards for multi-unit and congregate housing are located in Table 15.220.060(B). These standards should not be interpreted as requiring a specific architectural style.

[Ord. 2913 § 2 (Exh. B § 7), 4-17-23; Ord. 2889 § 2 (Exh. B § 7), 12-6-21; Ord. 2763 § 1 (Exh. A § 8), 9-16-13; Ord. 2505, 2-1-99. Code 2001 § 151.195.]

The purpose of this section is to ensure that development in the C-2 zoning district is designed to promote pedestrian and bicycle uses and improve aesthetics and compatibility. An applicant for a new development or redevelopment within the C-2 zoning district, which is subject to the site design review process, must demonstrate that the following site and building design elements have been incorporated into the design of the project. Exceptions to these additional development requirements may be granted if the requirements would result in construction that is out of character with surrounding development. Applicants for redevelopment of a designated landmark will not be subject to these additional requirements, except for requirements regarding parking and service drives.

A. Building Entrances. Each building on a lot shall have a primary pedestrian entrance oriented to the primary street. “Oriented to a street” means that the building entrance faces the street or is connected to the street by a direct and convenient pathway not exceeding 60 feet in length. “Primary street” means the street which has the highest estimated volume of pedestrian traffic. This requirement does not apply to buildings that are located behind other buildings on the lot such that 50 percent or more of their building frontage is blocked by the front building, as measured by sight lines that are perpendicular to the street right-of-way. Such rear buildings shall have a primary entrance oriented to an internal sidewalk or pedestrian pathway system which is internally connected and provides a connection to the primary street.

B. Parking and Service Drives. No off-street parking or service drives shall be placed within the required front yard setback. No off-street parking shall be placed between the front property line of the primary street, as defined in subsection (A) of this section, and the building. This requirement does not apply to buildings that are located behind other buildings on the lot such that 50 percent or more of their building frontage is blocked by the front building, as measured by sight lines that are perpendicular to the street right-of-way.

C. Exceptions. The review body may approve exceptions to the above, provided there are no reasonable alternatives that would allow access to or parking on the lot.

D. Building Mass. Where building elevations are oriented to the street in conformance with subsection (A) of this section, architectural features such as windows, pedestrian entrances, building offsets, projections, detailing, change in materials or similar features, shall be used to break up and articulate large building surfaces and volumes.

E. Corner Lots. Buildings on corner lots shall have their primary entrance oriented to the street corner, or within 40 feet of the street corner (i.e., as measured from the lot corner). In this case, the street corner shall provide an extra-wide sidewalk or plaza area with landscaping, seating or other pedestrian amenities. The building corner shall provide architectural detailing or beveling to add visual interest to the corner.

F. Pedestrian-Scale Building Entrances. Recessed entries, canopies, and/or similar features shall be used at the entries to buildings in order to create a pedestrian scale.

G. Windows.

1. On commercial building facades facing a public street, windows shall comprise a minimum of 40 percent of the ground floor facade. For large-scale buildings and developments meeting the standards under subsection (H) of this section, windows shall comprise a minimum of 20 percent of the ground floor facade.

2. For large-scale buildings and developments meeting the standards under subsection (H) of this section, 50 percent of all required window area shall allow view into an active space. An “active space” is defined as any area within a building that is used for shopping, dining, office space, and so forth. Merchandise display windows with displays that change at least semi-annually shall be considered an active space. Examples of areas that are considered nonactive spaces are storage and mechanical equipment areas, and windows that are obscured by shelving or material affixed to the window.

H. Design of Large-Scale Buildings and Developments. All buildings on a development site shall conform to the design standards included under this subsection where the total square footage of one commercial building exceeds 30,000 square feet of total ground floor area or all commercial buildings exceed 50,000 square feet of total ground floor area. Deviations from these standards may be approved, where appropriate, through the conditional use permit process.

1. Facade Articulation. Incorporate changes in building direction (i.e., articulation), and divide large masses into varying heights and sizes. Such changes may include building offsets; projections; changes in elevation or horizontal direction; sheltering roofs; terraces; a distinct pattern of divisions in surface materials; and use of windows, screening trees; small-scale lighting (e.g., wall-mounted lighting); and similar features. At least five of the following elements shall be included along each 100 feet of building frontage facing a street:

a. A building offset or projection of at least six feet depth and width.

b. An awning or roof sheltering a pedestrian walkway or seating area.

c. A building facade shall be comprised of at least two building materials, with the lesser comprising not less than 10 percent of the total facade.

d. Contrasting brick, stone, or natural wood trim.

e. Pitched roofs or gable-end roofs.

f. Curved arches or roof line features.

g. A tower, spire, or cupola.

h. A cornice.

i. Second story windows that comprise a minimum of 10 percent of the second floor facade.

[Note: the example shown here is meant to illustrate these building design elements, and should not be interpreted as a required architectural style.]

2. Pedestrian Entrance. Every building elevation facing a street with a horizontal dimension of more than 100 feet, as measured from end-wall to end-wall, shall have a building entrance no more than 100 feet from another entrance or end-wall; except that building elevations that are unable to provide an entrance due to the internal function of the building space (e.g., mechanical equipment, areas where the public or employees are not received, etc.) may not be required to meet this standard. Pathways shall connect all entrances to the street right-of-way.

3. Building Facades Not Fronting a Street. For all ground floor facades that do not face a public street, windows shall comprise a minimum of 20 percent of the ground floor facade or a landscape strip shall be provided adjacent to the building. The landscape strip shall be a minimum of five feet in width and include a combination of trees, shrubs, and groundcover or grass. Plant material shall be selected from at least two of the different plant material groups (example: trees and shrubs, or lawn and shrubs, or lawn and trees and shrubs). The type of tree selected shall have a crown of less than 15 feet at maturity. Exceptions to this standard include building facades that abut outdoor storage areas, loading docks, and mechanical equipment areas.

4. Building Orientation. All buildings shall be oriented to a primary street as defined in subsection (A) of this section or oriented to a plaza or open space within the development site that connects to the primary street. “Oriented to a plaza or open space” means that the building entrance faces the plaza, open space, shared parking area or is connected to the plaza by a direct and convenient pathway not exceeding 60 feet in length.

5. On-Site Landscaping and Screening.

a. A continuous landscape strip, with a five-foot minimum width, shall be located perpendicular to groups of two or more parking stalls. Within the landscape strip, at a minimum, one deciduous shade tree per seven parking spaces shall be planted to create a partial tree canopy over and around the parking area. The type of tree shall be chosen from the City of Newberg preferred street tree list and have a minimum crown spread of 25 feet. This standard shall apply unless otherwise approved by the director based on the following alternative standards:

i. No more than seven parking stalls shall be grouped together without a landscape island. The landscape island shall have a width and depth no less than five feet and contain no less than one deciduous shade tree; or

ii. Provision of tree planting landscape islands, each of which is at least 16 square feet in size, and spaced no more than 50 feet apart on average, with a maximum of 75 feet, within areas proposed for grouped parking. For every seven planting landscape islands, one shall be no less than 500 square feet in size.

b. At a minimum 50 percent of the parking area shall drain to a stormwater mitigation area. The mitigation area shall be designed using best management stormwater practices including, but not limited to, bioswales, rain gardens, or similar design intended to reduce stormwater flow and improve stormwater quality.

c. A 20-foot-wide landscaped buffer shall be provided between the development and any adjoining residential district. The buffer shall include a continuous six-foot-high sight-obscuring fence or wall, a continuous hedge and/or berm designed to achieve a height of six feet upon maturity, a row of trees not more than 35 feet on-center, and shrubs or living groundcover.

d. Outdoor storage areas, loading docks, and mechanical equipment areas shall be fenced with 75 percent opaque site-obscuring fencing or screened with landscaping between the area and public streets.

e. One square foot of interior open space or plaza space shall be required for every five square feet of gross floor area. The following features shall be included in the open space or plaza area:

i. One linear foot of seating space shall be required for every 30 square feet of open space or plaza space.

ii. One tree shall be provided for every 800 square feet of plaza space or open space.

iii. Pedestrian-scale lighting according to subsection (H)(7) of this section.

6. Vehicle and Pedestrian Connectivity.

a. Public streets may be required to be dedicated where needed to improve internal circulation, to connect to neighboring properties or streets, to break up large blocks, or to reduce travel around a site.

b. At a minimum, 95 percent of the parking spaces shall be located within 75 feet of a private walkway or public sidewalk.

7. Pedestrian-Scale Lighting. Pedestrian-scale lighting shall be located along all internal walkways and provide a minimum illumination of one foot-candle. Building entrances shall have a minimum illumination of five foot-candles. Lighting shall be fully shielded so that no light is emitted at an angle above the horizontal plane as illustrated by the lighting plan. The type of features that should be considered include, but are not limited to, street lamps, light fixtures attached to buildings, and light bollards. All pedestrian-scale light fixtures shall not exceed a maximum height of 15 feet as measured from grade to the fixture lamp. The lens material for all pedestrian-scale lighting shall be constructed of acrylic or similar shatter-resistant material as determined by the director. Glass lenses shall not be used for any pedestrian-scale lighting.

8. Parking. The number of parking stalls shall not exceed 125 percent of the minimum number of stalls required. Parking stalls constructed of grass blocks, grasscrete, pervious asphalt or concrete, or similar pervious material shall not be counted in this limit.

9. Existing Development. Any existing legal conforming site, through future development, exceeding the square footage threshold contained in this subsection (H) shall follow the standards contained in Chapter 15.205 NMC, Nonconforming Uses and Buildings.

10. Vacancy Agreement. All large-scale retail development sites as defined in this subsection (H) shall have an abandoned building surety agreement filed with the city. The purpose of the agreement is to ensure a continued attractive business environment in case a building goes vacant. The agreement shall provide measures to maintain the on-site landscaping and exterior of the buildings to their prevacancy condition, and to assist in finding a future tenant. “Vacancy” is defined as a period exceeding one year without legal occupancy. The terms of the agreement shall include:

a. A surety bond equal to one percent of the total valuation of the buildings on site.

b. If the owner fails to maintain the physical exterior of the property or any building on site, the bond may be used for items including, but not limited to: landscape maintenance, exterior building repairs, parking lot paving, amenities in the public right-of-way (lighting, benches, landscaping, etc.). If the cost of maintenance exceeds the amount of the bond, the city will bill the owner. Any unpaid amounts will become a lien on the property.

c. If the owner fails to legally occupy the site, the bond may be used as an incentive for prospective tenants including, but not limited to: payment of permit fees, application fees, system development charges, funding for on-site landscaping, and facade improvements.

d. If the surety bond is expended in any amount, the owner shall provide a new surety bond prior to occupancy by a new tenant. The amount of the bond shall be equal to one percent of the value of the building at the time of occupancy.

e. If at any time prior to one-year vacancy, the director finds the property is in need of maintenance, the director shall notify the owner in writing of the need to maintain the property and the intent to use the bond. Unless the owner provides the needed maintenance or objects within 30 days of the notice, the surety may be used to maintain the property. If the owner objects, the city council will hear the matter and determine whether the surety will be used.

11. Environmental Impact. All new large-scale retail development as defined in subsection (H) of this section shall be LEED certified as defined by the U.S. Green Building Council. The terms of approval are as follows:

a. The applicant shall demonstrate to the director the extent to which the applicant has complied with the commitment to earn a LEED new construction certification rating for a completed project. Demonstration of LEED certification shall be completed prior to the issuance of final certificate of occupancy for the new structure by submitting a report analyzing the extent credits earned toward such rating from the U.S. Green Building Council or another independent entity approved by the director.

b. With specific regard to the LEED stormwater design category, all buildings shall obtain a total of at least two points in this category.

c. With specific regard to the LEED water efficiency category, all buildings shall obtain a total of at least one point in this category.

d. In this section the term “leadership in energy and environmental design (LEED)” means a green building rating system promulgated by the United States Green Building Council (USGBC) that provides specific principles and practices, some mandatory but the majority discretionary, that may be applied during the design, construction, and operation phases, which enable the building to be awarded points from reaching present standards of environmental efficiency so that it may achieve LEED certification from the USGBC as a “green” building, as such rating system exists on January 1, 2009.

e. The USGBC intends to release a revised version of the LEED green building rating system every three years, and the director shall refer to the most current version of the LEED when reviewing a new building construction permit project or renovation.

f. The LEED existing building rating system shall be used during retrofit projects of existing structures. [Ord. 2711 § 1, 3-16-09; Ord. 2696 § 1 (Exh. A(1)), 6-2-08; Ord. 2561, 4-1-02. Code 2001 § 151.196.]

The purpose of this section is to ensure that new development and redevelopment in the C-3 zoning district maintains and promotes downtown Newberg as a desirable place to spend time. The standards below will help to assure continued quality and compatibility in construction and design. An applicant for a new development or redevelopment within the C-3 zoning district, which is subject to the site design review process, must demonstrate that seven out of 10 of the following site and building design elements have been incorporated into the design of the project. Exceptions to these additional development requirements may be granted if the requirements would result in construction that is out of character with surrounding development. Applicants for redevelopment of a designated landmark will not be subject to these additional requirements.

A. Elements of the Facade.

1. Windows. To maintain compatibility with historic proportions, windows facing public streets shall be primarily vertical. With the exception of transom windows, the width-to-height ratio of any single window pane (defined as either a true divided light or a “pane” created by “snap-in” dividers) shall be no more than 1:1.

2. Awnings. To provide shade and protection from the rain, awnings of fabric, glass, wood or metal shall extend along at least 25 percent of street-facing facades. Awnings shall be securely attached to the building and at their lowest point shall not be lower than eight feet above the ground level. Awnings may encroach a maximum of eight feet into the public sidewalk right-of-way, but no closer than two feet from the curb line.

B. Facade Articulation.

1. Emphasize Entrances. Entrances facing a public street shall be incorporated as an integral element in the facade. Entrances shall be emphasized to clearly communicate how to enter the building and to make buildings appear more inviting. Some strategies for emphasizing the entrance on a facade include: using transom windows above entrance doors to increase their apparent scale, detailing and emphasizing the trim or pilasters surrounding the entrance doors, and locating projections such as awnings or balconies above the entrance.

2. Maximum Horizontal Facade Plane. To avoid overwhelming and visually monotonous facades, buildings shall not extend more than 60 feet horizontally without a change in the plane of the facade of at least one foot. Vertically stacked bay windows are one way to satisfy this criterion.

C. Windows.

1. Depth of Windows. Windows shall be recessed at least one and one-half inches from the general plane of the facade. This creates shadow lines and visual interest, giving the facade the perception of depth. Depth in the facade promotes the perception of high quality and durable construction, and contributes to the district’s historic character.

2. Percentage of Glazing. The percent of glazing based on the horizontal distance of the facade shall be as follows:

a. Primary facade: at least 50 percent of ground floor and 30 percent of floors above the ground floor; and

b. All other facades facing a public street: at least 30 percent per floor.

3. Window Glazing Material. Windows facing a public street shall be made of clear or low-e glazing (pursuant to Oregon Structural Code Section 1312.1.3). Tinted or reflective glass shall not be visible from public rights-of-way.

D. Facade Materials.

1. Dominant Material. All facades shall be comprised of a single dominant material. Additional materials are allowed as accents.

2. Allowed Wall Materials. Allowed wall cladding materials include horizontal wood and cementitious lap siding, horizontal board and batten siding, shingles, and shakes. Lap siding, shingles, and shakes shall be exposed a maximum of six inches to the weather. In board and batten siding, battens shall be spaced a maximum of eight inches on center. In addition, brick, rusticated concrete block, or stone masonry is allowed, but when used as a veneer material, it must be at least two and one-half inches thick. Cement-based stucco and poured-in-place concrete are allowed.

3. Changes in Material. Brick and stone street-facing facades shall return at least 18 inches around the exposed side walls. When multiple cladding materials are used, changes shall occur along horizontal lines only, with a maximum of three different materials allowed per facade. Heavier-appearing materials (e.g., brick) shall be used only below lighter-appearing materials (e.g., shingles).

[Ord. 2561, 4-1-02. Code 2001 § 151.197.]

The purpose of this section is to ensure that new development and redevelopment in the M-4 zoning districts is consistent with the city’s urban design goals and policies while emphasizing the creation of an attractive gateway to Newberg and encouraging industrial development. Special development standards relating to setbacks, screening, and architecture review are required for development within this district.

An applicant for a new development or redevelopment within the city’s M-4 district that is subject to the site design review process must demonstrate that the following site and building design elements have been incorporated into the design of the project. Exceptions to these additional development requirements may be granted if equivalent protections are in place, or if there are substantial difficulties in complying with these standards.

A. Street Standards. Streets, alleys and private accessways shall be constructed consistent with the standards of the City of Newberg Green Design Handbook. Deviations from the standards can be approved via a Type III process.

B. Development Abutting Highway 219, Arterials and Collectors. Where development abuts Highway 219 or a public street classified as an arterial or collector, the applicant shall provide a landscape buffer to provide an attractive and inviting entrance to Newberg and to mitigate the visual, light and noise impacts of the use. The property owner of each proposed development is responsible for the installation and maintenance of required landscape buffers. The review body may waive and/or alter the buffering requirements where alternative standards are proposed that provide for an appropriate buffer consistent with the intent of these provisions.

1. Landscape buffer strips facing Highway 219. Yards along the Highway 219 right-of-way shall be landscaped and maintained. The area beneath the trees shall be planted with a living groundcover or shrubs giving 50 percent coverage at planting and 100 percent coverage within three years. Minimum landscape requirements per 100 lineal feet of highway frontage or any portion thereof shall be consistent with Figure 1 as shown below:

Figure 1: Highway 219 Landscaping Standards

Table 1: Approved Landscape Species for Right-of-Way Landscape Buffer Strips

2. Buffer Strips Facing a Collector or Arterial. Buffer strips with rear and side yards facing a collector or arterial street require minimum planting of at least one row of trees, not less than eight feet high and one and one-half inches in caliper for deciduous trees and five feet high for evergreen trees at the time of planting, and spaced not more than 15 feet apart. The area beneath the trees shall be planted with a living groundcover or shrubs giving 50 percent coverage at planting and 100 percent coverage within three years. Plant material used for buffering shall be selected from Table 1 above.

C. Site Design and Orientation. The intent of these standards is to establish requirements that foster the development of an attractive employment area within the community. The applicant shall design all new buildings and substantial additions consistent with the applicable standards identified below. The review body may waive and/or alter these requirements where alternative standards are proposed that provide for a design approach consistent with the intent of these provisions.

1. Architectural variation and segmentation shall be provided for any wall facing, and within 100 feet of, a collector or arterial street. The variation and segmentation of the facing walls shall provide features that visually break up the building mass. All facing walls must include at least two of the following features along each 100-foot segment of the building wall; each feature must comprise at least 10 percent of each wall segment.

a. Contrasting building colors;

b. Contrasting wall textures;

c. Change in building materials;

d. Building offset of at least a four-foot change in depth and width;

e. Architectural features:

i. Awnings, to be placed along 20 percent of the length of each wall segment;

ii. Columns;

iii. Windows;

iv. Arches;

v. Decorative relief, or sunken relief, at least one inch in depth;

vi. Pitched roof;

vii. Other, as approved by the reviewing body.

2. All buildings must be constructed using building materials that will provide an attractive facade for all walls that face a collector or arterial street. Acceptable building materials include the following:

a. Brick or masonry;

b. Concrete or concrete block;

c. Wood, or wood composite, applied as horizontal siding;

d. Metal, provided the metal does not comprise more than 70 percent of the facade and does not extend more than 100 feet in horizontal length along any facing wall;

e. Stucco;

f. Other materials, as approved by the reviewing body.

3. Required front yard setbacks and parking areas must be landscaped and maintained. Front yard setbacks adjacent to a collector or arterial street must be landscaped in accordance with Table 1 of this section. Parking areas must be landscaped in accordance with the Green Design Handbook.

4. Architectural designs shall include parapets or other treatments to be constructed to conceal flat roofs and rooftop equipment from public view.

5. All exterior lights shall be designed consistent with “dark sky” principles. Lighting shall be located, installed and directed in such a manner and contained within the target area so that no direct light source is visible from any street. All parking area lighting, building security lighting, and externally illuminated signs, displays, building and aesthetic lighting shall be full cut-off type fixtures.

6. Areas used for storage, truck, trailer and van parking, trash collection or compaction, loading and unloading of delivery trucks and similar uses shall be provided with a sight-obscuring screen from all street views. Materials, colors and design of approved screening walls, decorative fences and their covers shall be complementary to those of the primary structure.

D. Sustainable Design. Buildings should seek to reduce waste, pollution, energy use, and water consumption. The applicant can either obtain Leadership in Energy and Environmental Design (LEED) designation for the building, or demonstrate that the building design could attain LEED designation to the satisfaction of the reviewing authority, or demonstrate compliance with five of the following design guidelines. Minor alterations to existing development, as determined by the reviewing authority, will demonstrate compliance with a minimum of three design guidelines.

1. Native Landscaping. Landscaping designs should seek to conserve water consumption through the use of native plant materials. A minimum of 80 percent of the plant material on site shall be native to the Willamette Valley.

2. Rain Water Harvesting. Utilize cisterns and/or other techniques to harvest rainwater for use on site including but not limited to irrigation and grey water applications.

3. Alternative Energy. Install solar panels, wind harvesting equipment or other devices that offset energy consumption of the development by at least 25 percent.

4. Recycled Water. Incorporate recycled water for on-site irrigation or other uses.

5. Fixtures. New buildings should seek to conserve energy and water through the use of water efficient fixtures including toilets, sinks, showers and similar facilities.

6. Local Materials. Demonstrate that a minimum of 75 percent of the value of the building materials and landscape materials were purchased within 100 miles of Newberg.

7. Composting. Require existing landscaping materials and/or organic waste from the site to be composted or reused within the site for landscaping or other purposes. Compost can also be collected at a central facility or by the local waste hauler.

8. Low Impact Design. Utilize low impact design techniques to detain and treat stormwater generated from impervious areas on site. Postdevelopment flows should mimic predevelopment conditions.

9. Solar Orientation/Daylighting. Demonstrate how the building or site design takes advantage of sun to light and/or heat new buildings or work areas.

E. Building Openings. Major building openings, such as drive-in bays and partially enclosed work areas, shall be oriented away from collector and arterial streets. [Ord. 2720 § 1(2), 11-2-09. Code 2001 § 151.198.]

A. It is recognized that certain types of uses require special consideration prior to their being permitted in a particular district. The reasons for requiring such special consideration involves, among other things, the size of the area required for the full development of such uses, the nature of the traffic problems incidental to operation of the use, the effect such uses have on any adjoining land uses and on the growth and development of the community as a whole.

B. All uses permitted conditionally are declared to be possessing such unique and special characteristics as to make impractical their being included as outright uses in any of the various districts herein defined. The authority for the location and operation of the uses shall be subject to review and the issuance of a conditional use permit. The purpose of review shall be to determine that the characteristics of any such use shall be reasonably compatible with the type of uses permitted in surrounding areas, and for the further purpose of stipulating such conditions as may be reasonable so that the basic purposes of this code shall be served. Nothing construed herein shall be deemed to require the hearing body to grant a conditional use permit. [Ord. 2536, 11-16-00; Ord. 2451, 12-2-96. Code 2001 § 151.205.]

No building permit shall be issued when a conditional use permit is required by the terms of this code unless a permit has been granted by the hearing body and then only in accordance with the terms and conditions of the conditional use permit. Conditional use permits may be temporary or permanent for any use or purpose for which such permits are required or permitted by provisions of this code. [Ord. 2451, 12-2-96. Code 2001 § 151.206.]

Application for a conditional use permit shall be accompanied by such information including, but not limited to, site and building plans, drawings and elevations, and operational data, as may be required by the director to allow proper evaluation of the proposal. The plan submittal requirements identified in NMC 15.220.030 and 15.445.190 shall be used as a guide. All proposals for conditional use permit shall be accompanied by a detailed project description which includes information such as the use, information relating to utilities, the number of employees, the hours of operation, traffic information, odor impacts, and other information needed to adequately describe the project. [Ord. 2536, 11-6-00; Ord. 2451, 12-2-96. Code 2001 § 151.207.]

If new buildings or structures are to be included as part of the application, the planning commission shall concurrently review the application for site design review in order to streamline the review process. [Ord. 2451, 12-2-96. Code 2001 § 151.208.]

In order to fully evaluate the proposal, additional information may be required. This includes but is not limited to traffic studies, noise studies, visual analysis, and other site impact studies as determined by the director or planning commission. [Ord. 2451, 12-2-96. Code 2001 § 151.209.]

A conditional use permit may be granted through a Type III procedure only if the proposal conforms to all the following criteria:

A. The location, size, design and operating characteristics of the proposed development are such that it can be made reasonably compatible with and have minimal impact on the livability or appropriate development of abutting properties and the surrounding neighborhood, with consideration to be given to harmony in scale, bulk, coverage and density; to the availability of public facilities and utilities; to the generation of traffic and the capacity of surrounding streets, and to any other relevant impact of the development.

B. The location, design, and site planning of the proposed development will provide a convenient and functional living, working, shopping or civic environment, and will be as attractive as the nature of the use and its location and setting warrants.

C. The proposed development will be consistent with this code. [Ord. 2451, 12-2-96. Code 2001 § 151.210.]

Repealed by Ord. 2763. [Ord. 2619, 5-16-05; Ord. 2507, 3-1-99; Ord. 2451, 12-2-96. Code 2001 § 151.211.]

The hearing body shall designate conditions in connection with the conditional use permit deemed necessary to secure the purpose of this chapter and the general conditional use permit criteria and require the guarantees and evidence that such conditions will be complied with. Such conditions may include:

A. Regulation of uses.

B. Special yards, spaces.

C. Fences and walls.

D. Surfacing of parking areas to city specifications.

E. Street dedications and improvements (or bonds).

F. Regulation of points of vehicular ingress and egress.

G. Regulation of signs.

H. Landscaping and maintenance of landscaping.

I. Maintenance of the grounds.

J. Regulation of noise, vibration, odors or other similar nuisances.

K. Regulation of time for certain activities.

L. Time period within which the proposed use shall be developed.

M. Duration of use.

N. Such other conditions as will make possible the development of the city in an orderly and efficient manner in conformity with the Newberg comprehensive plan and the Newberg development code. [Ord. 2451, 12-2-96. Code 2001 § 151.212.]

Construction, site development, and landscaping shall be carried out in substantial accord with the plans, drawings, conditions, sketches, and other documents approved as part of a final decision on a conditional use permit. [Ord. 2451, 12-2-96. Code 2001 § 151.213.]

A. A conditional use permit granted under this code shall be effective only when the exercise of the right granted thereunder commences. A conditional use permit shall expire if the use authorized thereunder has not commenced or a building permit application including all required plans and plan review fees for the use has not been submitted within one year from the effective date of the conditional use permit decision. The director under a Type I procedure may grant extensions for up to 12 months each not to exceed three years if the applicant files a request in writing prior to the expiration of the approval and demonstrates compliance with the following:

1. The land use designation of the property has not been changed since the initial use permit approval; and

2. The applicable standards in this code which applied to the project have not changed.

B. In case such right is not exercised, or extension obtained, the conditional use permit decision shall be void. Any conditional use permit granted pursuant to this code is transferable to subsequent owners or contract purchasers of the property unless prohibited by such permit. [Ord. 2933 § 1 (Exhs. A-1a, A-1b), 2-18-25; Ord. 2451, 12-2-96. Code 2001 § 151.214.]

Where a use is legally established and continuing, but that use currently would require a conditional use permit, the use shall be considered as having a conditional use permit under the terms of the prior permit approval. Any nonconforming site development shall be subject to the provisions of Chapter 15.205 NMC. [Ord. 2763 § 1 (Exh. A § 3), 9-16-13.]

A. Consolidating Properties. An owner of abutting properties may consolidate them into a single lot through any of the following:

1. A deed restriction recorded with the Yamhill County recorder. The applicant shall file a copy of the recorded deed restriction with the director. The deed restriction shall state that the properties are to be considered one lot for planning and zoning purposes, and that the properties shall not be conveyed separately prior to their being divided in accordance with regulations of the city.

2. The plat vacation process as described in ORS 271.080 through 271.230.

3. The replat process as described in ORS 92.180 through 92.190.

4. A property line adjustment, subdivision plat or partition plat that effects the consolidation of the property.

B. Properties Considered Consolidated. In any of the following circumstances, adjacent properties shall be considered consolidated into a single lot for purposes of this code, whether or not any of the processes under subsection (A) of this section have occurred, and whether or not specifically requested by the owner.

1. The owner of both properties has constructed a structure over the property line separating the two properties.

2. A deed has been recorded conveying a portion of a property to an adjoining property owner, and either the purpose of the deed was to effect a property line adjustment, or the portion conveyed does not meet the minimum lot dimension standards of this code.

3. Vacated rights-of-way shall be considered a portion of the abutting property to which title was conveyed through the process.

4. A consolidation of properties was required as a condition of permit approval.

C. Restoring Consolidated Properties as Separate Lots. Properties that have been consolidated may not be restored as separate lots unless approved by the director. Properties consolidated through the partition, subdivision, vacation, or replat process may be restored only through the partition, subdivision, or replat process. The director may approve restoring other properties as separate lots through a Type I process, provided the following criteria are met:

1. The individual lots each meet the lot dimension standards of this code.

2. There are no structures within the yard setbacks of the property line separating the two lots.

3. Any permit condition or other circumstance that would have required the consolidation of the properties is no longer valid. [Ord. 2537, 11-6-00. Code 2001 § 151.235.]

The following procedures apply to any property line adjustment:

A. The applicant shall file a Type I application on a form provided by the director. The application shall include a tentative property line adjustment plan meeting the requirements for a tentative partition plan, as set forth in NMC 15.235.040(B), and such other material as required by the director.

B. The director may approve, approve with conditions, or deny the application based on the following criteria:

1. The property line adjustment does not create more lots than existed prior to the adjustment.

2. The adjustment does not create any substandard condition relative to this code, including lot area, lot width, setbacks, and access. If any of the original lots do not meet these standards, the adjusted lots may remain nonconforming, provided:

a. The adjustment cannot reasonably or practically bring the lots into conformity.

b. The adjustment does not worsen the nonconforming status of the lots.

C. Following approval of the property line adjustment, the applicant shall:

1. File deeds with the county recorder conforming to the approved property line adjustment and ORS 92.190.

2. File a survey with the county surveyor of the adjusted property line(s). Exceptions to this requirement are:

a. Where all parcels affected are greater than 10 acres; or

b. Where the adjustment relocates a common boundary of lots in a subdivision or a parcels in a partition a distance of even width along the common boundary.

3. File a copy of the recorded deeds and survey with the director. [Ord. 2537, 11-6-00. Code 2001 § 151.236.]

A. Approvals granted under this chapter shall expire if the documents required by ORS 92 are not recorded with Yamhill County within two years from the effective date of the decision. The director may grant extensions for up to 12 months each not to exceed five years total if the applicant files a request in writing prior to the expiration of the approval and demonstrates compliance with the following:

1. The land use designation of the property has not been changed since the initial use permit approval; and

2. The applicable standards in this code which applied to the project have not changed. [Ord. 2933 § 1 (Exhs. A-1a, A-1b), 2-18-25.]

The purpose of this chapter is to implement the objectives in subsections (A) through (E) of this section:

A. Provide rules, regulations, and standards governing the approval of subdivisions and partitions.

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.

E. Provide adequate light and air, prevent overcrowding of land, and provide for adequate transportation, water supply, wastewater, fire protection, pollution control, surface water management, and protection against natural hazards. [Ord. 2813 § 1 (Exh. A § 7), 9-5-17.]

A. Subdivision, Partition, and Middle Housing Land Division Approval Through a Two-Step Process. Applications for subdivision, partition, or middle housing land division approval shall be processed by means of a preliminary plat evaluation and a final plat evaluation, according to the following two steps:

1. The preliminary plat must be approved before the final plat can be submitted for approval consideration; and

2. The final plat must demonstrate compliance with all conditions of approval of the preliminary plat.

B. Property line adjustments and lot consolidation requests (i.e., no new lot is created) are subject to Chapter 15.230 NMC; they are not subject to this section.

C. Compliance with ORS Chapter 92. All subdivision and partition proposals shall conform to state regulations in ORS Chapter 92, Subdivisions and Partitions.

D. Adequate Utilities. All lots created through land division shall have adequate public utilities and facilities such as streets, water, wastewater, gas, and electrical systems, pursuant to Chapters 15.430 and 15.505 NMC.

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 NMC 15.505.050.

F. Adequate Access. All lots created or reconfigured shall have adequate vehicle access and parking, as may be required, pursuant to Chapter 15.440 NMC and NMC 15.505.030. [Ord. 2912 § 1 (Exh. A § 5), 5-1-23; Ord. 2813 § 1 (Exh. A § 7), 9-5-17.]

A. Review of Preliminary Plat. All preliminary plats are subject to the approval criteria in NMC 15.235.050. Preliminary plats shall be processed using the Type II procedure under Chapter 15.100 NMC, except that subdivisions with any of the following conditions present shall be processed using the Type III procedure under Chapter 15.100 NMC:

1. The land is not fully within the city limits or urban growth boundary;

2. The land contains Goal 5 resources which are mapped and designated in the comprehensive plan and land use regulations. These resources include but are not limited to open spaces, scenic and historic areas and natural resources;

3. The proposed land division does not comply with the minimum street connectivity standards identified in NMC 15.505.030;

4. The proposed land division does not provide enough lots or parcels to allow building residential units at 80 percent or more of the maximum net density permitted in the zoning designation for the site;

5. The applicant requests, in writing and at the time of application, that the proposal be referred to the planning commission for a decision; or

6. A written request for the application to be heard by the planning commission is submitted by a member of the public during the 14-day public comment period provided for in NMC 15.100.200 et seq.

B. Preliminary Plat Approval Period. Preliminary plat approval shall be effective for a period of two years from the date of approval except for middle housing land divisions which are subject to NMC 15.235.050. The preliminary plat shall lapse if a final plat has not been submitted or other assurance provided, pursuant to NMC 15.235.070. Phased subdivisions may be approved, pursuant to subsection (E) of this section, with an overall time frame of not more than two years between preliminary plat approval and final plat approval or submittal of a complete application for public improvement plan review. In no case shall phased subdivision approval extend for more than five years from the approval date.

C. Extensions. The director through a Type I procedure may, upon written request by the applicant and payment of the required fee, grant extensions of the approval period for 12 months each not to exceed five years total. Extension approval will require written findings to the following criteria:

1. The applicant has submitted written intent to file a final plat within the one-year extension period;

2. An extension of time will not prevent the lawful development of abutting properties;

3. There have been no substantial changes to the applicable code provisions or public works design and construction standards on which the approval was based. If such changes have occurred, a new preliminary plat application shall be required; and

4. The extension request is made before expiration of the original approved plan.

D. Modifications to Approved Preliminary Plats. The applicant may request changes to the approved preliminary plat or conditions of approval. Modification requests may either be deemed minor modifications or major modifications, according to the following criteria and at the determination of the director:

1. Minor Modifications. Minor modifications are reviewed through the Type I procedure, pursuant to NMC 15.100.020. Minor modifications retain consistency with the general layout and pattern of the approved plan and do not modify an element of the approved plan by a quantifiable standard of greater than 10 percent. Minor modifications may include the following:

a. Relocations of property lines, streets, walkways, and alleys;

b. Changes to the site utilities;

c. Changes which increase or decrease the number of lots; and

d. Modifications to the conditions of approval where an alternate method will derive the same result intended by the condition, or where a condition is deemed to be met in a different way than specified in the staff report.

2. Major Modifications. Major modifications are reviewed through the same procedure as the original approval procedure. Major modifications are any proposed changes to elements of the approved plan or conditions of approval not meeting the thresholds in subsection (D)(1) of this section.

E. Phased Subdivision. The city may approve a phased subdivision, provided the applicant proposes a 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, 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; and

5. Modifications to the phasing schedule or phasing elements will be processed in accordance with subsection (D) of this section.

F. Middle Housing Land Division. Unless an applicant requests that an application be reviewed under the procedures set forth in this chapter, a middle housing land division shall be processed as provided under ORS 197.360 through 197.380, and is subject to the following:

1. Lots in the following districts or portions of districts may be divided for middle housing development: R-1, R-2, R-3, RP, AR, SD.

2. Middle housing requirements found in this chapter only apply to middle housing land divisions permitted on or after June 30, 2022.

3. An application for a middle housing land division may be submitted at the same time as the submittal of an application for building permits for middle housing.

4. Applications for a middle housing land division shall be processed by means of a preliminary plat evaluation and a final plat evaluation.

5. If the application for a middle housing land division is incomplete, the city shall notify the applicant of exactly what information is missing within 21 days of receipt of the application and allow the applicant to submit the missing information. Determination that an application is complete indicates only that the application contains the information necessary for a qualitative review of compliance with the Municipal Code standards.

6. If the application was complete when first submitted or the applicant submits the requested additional information within 180 days of the date the application was first submitted, approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first submitted.

7. The tentative approval of a middle housing land division is void if and only if a final plat is not approved within three years of the tentative approval. [Ord. 2933 § 1 (Exhs. A-1a, A-1b), 2-18-25; Ord. 2912 § 1 (Exh. A §§ 6, 7), 5-1-23; Ord. 2813 § 1 (Exh. A § 7), 9-5-17.]

Applications for preliminary plat approval, and middle housing land division preliminary plat approval, shall contain all of the following information:

A. General Submission Requirements.

1. Information required for a Type II application.

2. Traffic Analysis. A traffic analysis shall be submitted for any project that generates in excess of 40 trips per p.m. peak hour. A traffic analysis may be required for projects below the 40 trips per p.m. peak hour threshold when the development’s location or traffic characteristics could affect traffic safety, access management, street capacity or a known traffic problem or deficiency. The traffic analysis shall be scoped in conjunction with the city and any other applicable roadway authority.

3. Public Utilities Analysis. The public facilities analysis shall be scoped with the city, and shall address the impact of the proposed development on the public wastewater and water systems. The analysis shall identify any mitigation or improvements necessary to the public facilities to adequately serve the development per city standards under adopted ordinances and master plans.

4. Stormwater Analysis. The stormwater analysis shall address the criteria listed in Chapter 13.25 NMC.

5. Wetland Delineation. A wetland delineation approved by the Oregon Department of State Lands shall be submitted for any property listed on the State Wetlands Inventory or that is located within the city’s mapped stream corridor.

6. Future Streets Concept Plan. The future streets concept shall show all existing subdivisions, streets, and unsubdivided land surrounding the subject property and show how proposed streets may be extended to connect with existing streets. At a minimum, the plan shall depict future street connections for land within 400 feet of the subject property.

B. Preliminary Plat Information. In addition to the general information described in subsection (A) of this section, 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 all of the following information, in quantities required by the director:

1. General Information.

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

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 tract 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 director 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. Streets. Location, name, and present width of all streets, alleys and rights-of-way on and abutting the site;

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

c. Public Utilities. Location and identity of all public utilities on and abutting the site. If water mains, stormwater mains, and wastewater mains are not on or abutting the site, indicate the direction and distance to the nearest utility line and show how utilities will be brought to standard;

d. Private Utilities. Location and identity of all private utilities serving the site, and whether the utilities are above or underground;

e. Existing Structures. Show all structures on the project site and adjacent abutting properties;

f. Ground elevations shown by contour lines at a minimum two-foot vertical interval for slopes up to 10 percent and five feet for slopes over 10 percent. Show elevations for the subject property and within 100 feet of the subject property. Such ground elevations shall be related to some established benchmark or other datum approved by the county surveyor; the city engineer may waive this standard for partitions when grades, on average, are less than six percent;

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

h. Wetlands and stream corridors;

i. The base flood elevation, per FEMA Flood Insurance Rate Maps, as applicable;

j. North arrow and scale; and

k. Other information, as deemed necessary by the director 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 director 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 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) with approximate dimensions, area calculation (e.g., in square feet), and identification numbers. Through lots shall be avoided except where necessary to provide separation of residential development from major traffic routes, adjacent nonresidential activities, or to overcome specific issues with topography or orientation;

d. Proposed uses of the property, including total number and type of dwellings proposed, all existing structures to remain, areas proposed to be dedicated as public right-of-way or preserved as open space for the purpose of stormwater management, recreation, or other use;

e. Proposed grading;

f. Proposed public street improvements, pursuant to NMC 15.505.030, including street cross sections;

g. Information demonstrating that proposed lots can reasonably be accessed and developed without the need for a variance and in conformance with applicable setbacks and lot coverage requirements;

h. Preliminary design for extending city water and wastewater service to each lot, per NMC 15.505.040;

i. Proposed method of stormwater drainage and treatment, if required, pursuant to NMC 15.505.050;

j. The approximate location and identity of other utilities, including the locations of street lighting fixtures, as applicable;

k. Evidence of compliance with applicable overlay zones; and

l. Evidence of contact with the applicable road authority for proposed new street connections. [Ord. 2933 § 1 (Exhs. A-1a, A-1b), 2-18-25; Ord. 2912 § 1 (Exh. A § 8), 5-1-23; Ord. 2880 § 2 (Exh. B § 7), 6-7-21; Ord. 2813 § 1 (Exh. A § 7), 9-5-17.]

A. Approval Criteria. By means of a Type II procedure for a partition, or a Type II or III procedure for a subdivision per NMC 15.235.030(A), the applicable review body shall approve, approve with conditions, or deny an application for a preliminary plat. The 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 this chapter;

2. All proposed lots, blocks, and proposed land uses shall conform to the applicable provisions of NMC Division 15.400, Development Standards;

3. Access to individual lots, and public improvements necessary to serve the development, including but not limited to water, wastewater, stormwater, and streets, shall conform to Division 15.500 NMC, Public Improvement Standards;

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 stormwater facilities are adequate to serve the proposed development at adopted level of service standards, conform to the City of Newberg adopted master plans and applicable Newberg public works design and construction 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 the 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, Yamhill County, special districts, utilities, and/or other service providers, as applicable to the project, have been or can be met.

B. Middle Housing Land Division Criteria. The decision to approve a middle housing land division, processed as either a Type II or Type III procedure per NMC 15.100.030(B), shall be based on the following:

1. In addition to subsection (A) of this section, a middle housing land division shall comply with the following:

a. A proposal for development of middle housing in compliance with the Oregon Residential Specialty Code and land use regulations applicable to the original lot or parcel allowed under ORS 197A.420(5);

b. Separate utilities for each dwelling unit;

c. Proposed easements necessary for each dwelling unit on the plan for:

i. Locating, accessing, replacing and servicing all utilities;

ii. Pedestrian access from each dwelling unit to a private or public road;

iii. Any common use areas or shared building elements;

iv. Any dedicated driveways or parking; and

v. Any dedicated common area;

d. Exactly one dwelling unit on each resulting lot or parcel, except for lots, parcels or tracts used as common areas;

e. Evidence demonstrating how buildings or structures on a resulting lot or parcel will comply with applicable building code provisions relating to new property lines;

f. Notwithstanding the creation of new lots or parcels, how structures or buildings located on the newly created lots or parcels will comply with the Oregon Residential Specialty Code;

g. Conditions may be added to the approval of a tentative plan for a middle housing land division to:

i. Prohibit the further division of the resulting lots or parcels.

ii. Require that a notation appear on the final plat indicating that the approval was given under this section;

h. In reviewing an application for a middle housing land division, the city shall:

i. Apply the procedures under ORS 197.360 to 197.380.

ii. Require street frontage improvements where a resulting lot or parcel abuts the street consistent with land use regulations implementing ORS 197.758.

iii. May not subject an application to approval criteria except as provided in this section, including that a lot or parcel require driveways, vehicle access, parking or minimum or maximum street frontage.

iv. May not subject the application to procedures, ordinances or regulations adopted under ORS 92.044 or 92.046 that are inconsistent with this section or ORS 197.360 to 197.380.

v. May allow the submission of an application for a middle housing land division at the same time as the submission of an application for building permits for the middle housing.

vi. May require the dedication of right-of-way if the original parcel did not previously provide a dedication.

vii. The type of middle housing developed on the original parcel is not altered by a middle housing land division.

viii. Notwithstanding ORS 197.312(5), a city or county is not required to allow an accessory dwelling unit on a lot or parcel resulting from a middle housing land division.

ix. The tentative approval of a middle housing land division is void if and only if a final subdivision or partition plat is not approved within three years of the tentative approval.

x. Nothing in this section or ORS 197.360 to 197.380 prohibits a city or county from requiring a final plat before issuing building permits.

C. Conditions of Approval. The city may attach such conditions as are necessary to carry out provisions of this code, and other applicable ordinances and regulations. [Ord. 2933 § 1 (Exhs. A-1a, A-1b), 2-18-25; Ord. 2912 § 1 (Exh. A § 9), 5-1-23; Ord. 2880 § 2 (Exh. B § 8), 6-7-21; Ord. 2813 § 1 (Exh. A § 7), 9-5-17.]

Code adjustments and variances shall be processed in accordance with Chapters 15.210 and 15.215 NMC. Applications for code adjustments and variances related to the proposed land division shall be submitted at the same time an application for land division is submitted; the applications shall be reviewed concurrently.

A. Applicability. Limited to residential developments requiring a developer, declarant or owner to subdivide land, as defined in ORS 92.010, and to obtain a permit under ORS 215.416 or 227.175.

B. Early Issuance of Building Permits. Following approval of a preliminary plat and before recordation of a final plat, applicable projects may request early issuance of residential building permits pursuant to successful completion of all required criteria.

1. The project must reach substantial completion of the public improvements, pursuant to ORS 147.755 and as defined herein;

2. The owner must sign a security and improvement agreement to provide for security and schedule of completion of final infrastructure improvements;

3. The owner must provide security at 120 percent of the estimated costs of the public improvements not yet completed; and

4. Regardless of early issuance of building permits, certificate of occupancy shall not be issued prior to completion of all public improvements. [Ord. 2916 § 1 (Exh. A § 2), 6-5-23; Ord. 2813 § 1 (Exh. A § 7), 9-5-17.]

Final plats require review and approval by the director prior to recording with Yamhill 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, or as otherwise provided for in NMC 15.235.030. The format of the plat shall conform to ORS Chapter 92. The final plat application shall include the following items:

1. One original and one identical copy of the final plat for signature. The plat copies shall be printed on mylar, and must meet the requirements of the county recorder and county surveyor. The plat must contain a signature block for approval by the city recorder and community development director, in addition to other required signature blocks for county approval. Preliminary paper copies of the plat are acceptable for review at the time of final plat application.

2. Written response to any conditions of approval assigned to the land division.

3. A title report for the property, current within six months of the final plat application date.

4. Copies of any required dedications, easements, or other documents.

5. Copies of all homeowner’s agreements, codes, covenants, and restrictions, or other bylaws, as applicable. This shall include documentation of the formation of a homeowner’s association, including but not limited to a draft homeowner’s association agreement regarding the maintenance of planter strips adjacent to the rear yard of proposed through lots.

6. Copies of any required maintenance agreements for common property.

7. A bond, as approved by the city engineer, for public infrastructure improvements, if the improvements are not substantially complete prior to the final plat.

8. Any other item required by the city to meet the conditions of approval assigned to the land division.

B. Approval Process and Criteria. By means of a Type I procedure, the director shall review and approve, or deny, the final plat application based on findings of compliance or noncompliance with the preliminary plat conditions of approval. [Ord. 2813 § 1 (Exh. A § 7), 9-5-17.]

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. 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 Yamhill 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 paper copy of all sheets of the recorded final plat. This shall occur prior to the issuance of building permits for the newly created lots except where allowed pursuant to NMC 15.235.060.

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. 2916 § 1 (Exh. A § 3), 6-5-23; Ord. 2813 § 1 (Exh. A § 7), 9-5-17.]

Any plat or portion thereof may be replatted 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 replat or vacate a plat. Street vacations are subject to ORS Chapter 271. A replat 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. 2813 § 1 (Exh. A § 7), 9-5-17.]

The planning commission, through a Type III procedure and the procedures and criteria established in ORS 92.176, may validate a unit of land that was created by a sale that did not comply with the applicable criteria for creation of a unit of land. [Ord. 2813 § 1 (Exh. A § 7), 9-5-17.]

The city’s planned unit development regulations are intended to:

A. Encourage comprehensive planning in areas of sufficient size to provide developments at least equal in the quality of their environment to traditional lot-by-lot development and that are reasonably compatible with the surrounding area; and

B. Provide flexibility in architectural design, placement and clustering of buildings, use of open space and outdoor living areas, and provision of circulation facilities, parking, storage and related site and design considerations; and

C. Promote an attractive, safe, efficient and stable environment which incorporates a compatible variety and mix of uses and dwelling types; and

D. Provide for economy of shared services and facilities; and

E. Implement the density requirements of the comprehensive plan and zoning districts through the allocation of the number of permitted dwelling units based on the number of bedrooms provided. [Ord. 2822 § 1 (Exh. A), 2-5-18; Ord. 2451, 12-2-96. Code 2001 § 151.225.]

A. Ownership. Except as provided herein, the area included in a proposed planned unit development must be in single ownership or under the development control of a joint application of owners or option holders of the property involved.

B. Processing Steps – Type III. Prior to issuance of a building permit, planned unit development applications must be approved through a Type III procedure and using the following steps:

1. Step One – Preliminary Plans. Consideration of applications in terms of on-site and off-site factors to assure the flexibility afforded by planned unit development regulations is used to preserve natural amenities; create an attractive, safe, efficient, and stable environment; and assure reasonable compatibility with the surrounding area. Preliminary review necessarily involves consideration of the off-site impact of the proposed design, including building height and location.

2. Step Two – Final Plans. Consideration of detailed plans to assure substantial conformance with preliminary plans as approved or conditionally approved. Final plans need not include detailed construction drawings as subsequently required for a building permit.

C. Phasing. If approved at the time of preliminary plan consideration, final plan applications may be submitted in phases. If preliminary plans encompassing only a portion of a site under single ownership are submitted, they must be accompanied by a statement and be sufficiently detailed to prove that the entire area can be developed and used in accordance with city standards, policies, plans and ordinances.

D. Lapse of Approval. If the applicant fails to submit material required for consideration at the next step in accordance with the schedule approved at the previous step or, in the absence of a specified schedule, within one year of such approval, the application as approved at the previous step expires. If the applicant fails to submit a complete application for public improvement plan review or building permit including all required plans and plan review fees in accordance with the schedule as previously approved or, in the absence of a specified schedule, within three years of a preliminary plan approval, preliminary and final plan approvals expire. Prior to expiration of plan approval at any step, the hearing authority responsible for approval may, if requested, extend or modify the schedule, providing it is not detrimental to the public interest or contrary to the findings and provisions specified herein for planned unit developments. Unless the preliminary plan hearing authority provides to the contrary, expiration of final plan approval of any phase automatically renders all phases void that are not yet finally approved or upon which construction has not begun.

E. Resubmittal Following Expiration. Upon expiration of preliminary or final plan approval, a new application and fee must be submitted prior to reconsideration. Reconsideration shall be subject to the same procedures as an original application.

F. Density. Except as provided in NMC 15.302.040 relating to subdistricts, dwelling unit density provisions for residential planned unit developments shall be as follows:

1. Maximum Density.

a. Except as provided in adopted refinement plans, the maximum allowable density for any project shall be as follows:

b. Density point calculations in the following table are correlated to dwellings based on the number of bedrooms, which for these purposes is defined as an enclosed room which is commonly used or capable of conversion to use as sleeping quarters. Accordingly, family rooms, dens, libraries, studies, studios, and other similar rooms shall be considered bedrooms if they meet the above definitions, are separated by walls or doors from other areas of the dwelling and are accessible to a bathroom without passing through another bedroom. Density points may be reduced at the applicant’s discretion by 25 percent for deed-restricted affordable dwelling units and/or middle housing dwelling units as follows:

Duplex, triplex or quadplex dwellings shall be counted as a single dwelling unit, inclusive of all bedrooms in the combined dwelling units, for purposes of calculating density points. Four townhouse dwellings or cottage dwellings shall count as one standard dwelling, inclusive of all bedrooms in the combined dwelling units.

The density points in the right-hand column are applicable to income-restricted affordable dwelling units, provided the dwelling units meet the affordability criteria under NMC 15.242.030 regarding affordable housing requirements for developments using the flexible development standards.

2. Approved Density. The number of dwelling units allowable shall be determined by the hearing authority in accordance with the standards set forth in these regulations. The hearing authority may change density subsequent to preliminary plan approval only if the reduction is necessary to comply with required findings for preliminary plan approval or if conditions of preliminary plan approval cannot otherwise be satisfied.

3. Easement Calculations. Density calculations may include areas in easements if the applicant clearly demonstrates that such areas will benefit residents of the proposed planned unit development.

4. Dedications. Density calculations may include areas dedicated to the public for recreation or open space.

5. Cumulative Density. When approved in phases, cumulative density shall not exceed the overall density per acre established at the time of preliminary plan approval.

G. Buildings and Uses Permitted. Buildings and uses in planned unit developments are permitted as follows:

1. R-1, R-2, R-3 and RP Zones.

a. Buildings and uses permitted outright or conditionally in the use district in which the proposed planned unit development is located.

b. Accessory buildings and uses.

c. Dwellings, single, manufactured, and multifamily.

d. Convenience commercial services which the applicant proves will be patronized mainly by the residents of the proposed planned unit development.

2. C-1, C-2 and C-3 Zones.

a. When proposed as a combination residential-commercial planned unit development, uses and buildings as listed in subsection (G)(1) of this section and those listed as permitted outright or conditionally in the use district wherein the development will be located.

b. When proposed as a residential or commercial planned unit development, uses and buildings as permitted outright or conditionally in the use district wherein the development will be located.

3. M-1, M-2 and M-3 Zones. Uses and buildings as permitted outright or conditionally in the use district wherein the development will be located.

4. M-4 Zone. Uses and buildings as permitted outright or conditionally in the use district wherein the development will be located. Proposed sites, structures and uses must work together to support a common theme, product or industry. Applicants for an industrial planned development in M-4 must demonstrate conformance with any adopted master plan for the subject area and provide a plan describing how the proposed structures and uses will work together to support a common theme, product or industry. Prior to subdivision, covenants must limit occupancy to the types of industrial and related uses identified in the development plan.

H. Professional Coordinator and Design Team. Professional coordinators and design teams shall comply with the following:

1. Services. A professional coordinator, licensed in the State of Oregon to practice architecture, landscape architecture or engineering, shall ensure that the required plans are prepared. Plans and services provided for the city and between the applicant and the coordinator shall include:

a. Preliminary design;

b. Design development;

c. Construction documents, except for single-family detached dwellings and duplexes in subdivisions; and

d. Administration of the construction contract, including, but not limited to, inspection and verification of compliance with approved plans.

2. Address and Attendance. The coordinator or the coordinator’s professional representative shall maintain an Oregon address, unless this requirement is waived by the director. The coordinator or other member of the design team shall attend all public meetings at which the proposed planned unit development is discussed.

3. Design Team Designation. Except as provided herein, a design team, which includes an architect, a landscape architect, engineer, and land surveyor, shall be designated by the professional coordinator to prepare appropriate plans. Each team member must be licensed to practice the team member’s profession in the State of Oregon.

4. Design Team Participation and Waiver. Unless waived by the director upon proof by the coordinator that the scope of the proposal does not require the services of all members at one or more steps, the full design team shall participate in the preparation of plans at all three steps.

5. Design Team Change. Written notice of any change in design team personnel must be submitted to the director within three working days of the change.

6. Plan Certification. Certification of the services of the professionals responsible for particular drawings shall appear on drawings submitted for consideration and shall be signed and stamped with the registration seal issued by the State of Oregon for each professional so involved. To assure comprehensive review by the design team of all plans for compliance with these regulations, the dated cover sheet shall contain a statement of review endorsed with the signatures of all designated members of the design team.

I. Modification of Certain Regulations. Except as otherwise stated in these regulations, fence and wall provisions, general provisions pertaining to height, yards, area, lot width, frontage, depth and coverage, number of off-street parking spaces required, and regulations pertaining to setbacks specified in this code may be modified by the hearing authority, provided the proposed development will be in accordance with the purposes of this code and those regulations. Departures from the hearing authority upon a finding by the engineering director that the departures will not create hazardous conditions for vehicular or pedestrian traffic. Nothing contained in this subsection shall be interpreted as providing flexibility to regulations other than those specifically encompassed in this code.

J. Lot Coverage. Maximum permitted lot and parking area coverage as provided in this code shall not be exceeded unless specifically permitted by the hearing authority in accordance with these regulations.

K. Height. Unless determined by the hearing authority that intrusion of structures into the sun exposure plane will not adversely affect the occupants or potential occupants of adjacent properties, all buildings and structures shall be constructed within the area contained between lines illustrating the sun exposure plane (see Appendix A, Figure 8 and the definition of “sun exposure plane” in NMC 15.05.030). The hearing authority may further modify heights to:

1. Protect lines of sight and scenic vistas from greater encroachment than would occur as a result of conventional development.

2. Protect lines of sight and scenic vistas.

3. Enable the project to satisfy required findings for approval.

L. Dedication, Improvement and Maintenance of Public Thoroughfares. Public thoroughfares shall be dedicated, improved and maintained as follows:

1. Streets and Walkways. Including, but not limited to, those necessary for proper development of adjacent properties. Construction standards that minimize maintenance and protect the public health and safety, and setbacks as specified in NMC 15.410.050, pertaining to special setback requirements to planned rights-of-way, shall be required.

2. Notwithstanding subsection (L)(1) of this section, a private street may be approved if the following standards are satisfied.

a. An application for approval of a PUD with at least 50 dwelling units may include a private street and the request for a private street shall be supported by the evidence required by this section. The planning commission may approve a private street if it finds the applicant has demonstrated that the purpose statements in NMC 15.240.010(A) through (D) are satisfied by the evidence in subsections (L)(2)(a)(i) through (v) of this section.

i. A plan for managing on-street parking, maintenance and financing of maintenance of the private street, including a draft reserve study showing that the future homeowners association can financially maintain the private street;

ii. A plan demonstrating that on- and off-street parking shall be sufficient for the expected parking needs and applicable codes;

iii. Proposed conditions, covenants and restrictions that include a requirement that the homeowners association shall be established in perpetuity and shall continually employ a community management association whose duties shall include assisting the homeowners association with the private street parking management and maintenance, including the enforcement of parking restrictions;

iv. Evidence that the private street is of sufficient width and construction to satisfy requirements of the fire marshal and city engineer; and

v. The PUD shall be a Class I planned community as defined in ORS Chapter 94.

b. If the PUD is established, the homeowners association shall provide an annual written report on the anniversary date of the final approval of the PUD approval to the community development director that includes the following:

i. The most recent reserve study.

ii. The name and contact information for the retained community management association.

iii. A report on the condition of the private street and any plans for maintenance of the private street.

3. Easements. As are necessary for the orderly extension of public utilities and bicycle and pedestrian access.

M. Underground Utilities. Unless waived by the hearing authority, the developer shall locate all on-site utilities serving the proposed planned unit development underground in accordance with the policies, practices and rules of the serving utilities and the Public Utilities Commission.

N. Usable Outdoor Living Area. All dwelling units shall be served by outdoor living areas as defined in this code. Unless waived by the hearing authority, the outdoor living area must equal at least 10 percent of the gross floor area of each unit. So long as outdoor living area is available to each dwelling unit, other outdoor living space may be offered for dedication to the city, in fee or easement, to be incorporated in a city-approved recreational facility. A portion or all of a dedicated area may be included in calculating density if permitted under these regulations.

O. Site Modification. Unless otherwise provided in preliminary plan approval, vegetation, topography and other natural features of parcels proposed for development shall remain substantially unaltered pending final plan approval.

P. Completion of Required Landscaping. If required landscaping cannot be completed prior to occupancy, or as otherwise required by a condition of approval, the director may require the applicant to post a performance bond of a sufficient amount and time to assure timely completion.

Q. Design Standards. The proposed development shall meet the design requirements for multifamily residential projects identified in NMC 15.220.060. A minimum of 40 percent of the required points shall be obtained in each of the design categories. [Ord. 2933 § 1 (Exhs. A-1a, A-1b), 2-18-25; Ord. 2889 § 2 (Exh. B § 8), 12-6-21; Ord. 2880 § 2 (Exh. B §§ 9, 10), 6-7-21; Ord. 2822 § 1 (Exh. A), 2-5-18; Ord. 2763 § 1 (Ord. 2889 § 2 (Exh. B §), 12-6-21; Exh. A §§ 9, 10), 9-16-13; Ord. 2730 § 1 (Exh. A § 9), 10-18-10; Ord. 2720 § 1(4), 11-2-09; Ord. 2505, 2-1-99; Ord. 2451, 12-2-96. Code 2001 § 151.226.]

A. Preapplication Conference. Prior to filing an application for preliminary plan consideration, the applicant or coordinator may request through the director a preapplication conference to discuss the feasibility of the proposed planned unit development and determine the processing requirements.

B. Application. An application, with the required fee, for preliminary plan approval shall be made by the owner of the affected property, or the owner’s authorized agent, on a form prescribed by and submitted to the director. Applications, accompanied by such additional copies as requested by the director for purposes of referral, shall contain or have attached sufficient information as prescribed by the director to allow processing and review in accordance with these regulations. As part of the application, the property owner requesting the planned development shall file a waiver stating that the owner will not file any demand against the city under Ballot Measure 49, approved November 6, 2007, that amended ORS Chapters 195 and 197 based on the city’s decision on the planned development.

C. Type III Review and Decision Criteria. Preliminary plan consideration shall be reviewed through the Type III procedure. Decisions shall include review and recognition of the potential impact of the entire development, and preliminary approval shall include written affirmative findings that:

1. The proposed development is consistent with standards, plans, policies and ordinances adopted by the city; and

2. The proposed development’s general design and character, including but not limited to anticipated building locations, bulk and height, location and distribution of recreation space, parking, roads, access and other uses, will be reasonably compatible with appropriate development of abutting properties and the surrounding neighborhood; and

3. Public services and facilities are available to serve the proposed development. If such public services and facilities are not at present available, an affirmative finding may be made under this criterion if the evidence indicates that the public services and facilities will be available prior to need by reason of:

a. Public facility planning by the appropriate agencies; or

b. A commitment by the applicant to provide private services and facilities adequate to accommodate the projected demands of the project; or

c. Commitment by the applicant to provide for offsetting all added public costs or early commitment of public funds made necessary by the development; and

4. The provisions and conditions of this code have been met; and

5. Proposed buildings, roads, and other uses are designed and sited to ensure preservation of features, and other unique or worthwhile natural features and to prevent soil erosion or flood hazard; and

6. There will be adequate on-site provisions for utility services, emergency vehicular access, and, where appropriate, public transportation facilities; and

7. Sufficient usable recreation facilities, outdoor living area, open space, and parking areas will be conveniently and safely accessible for use by residents of the proposed development; and

8. Proposed buildings, structures, and uses will be arranged, designed, and constructed so as to take into consideration the surrounding area in terms of access, building scale, bulk, design, setbacks, heights, coverage, landscaping and screening, and to assure reasonable privacy for residents of the development and surrounding properties.

D. Conditions. Applications may be approved subject to conditions necessary to fulfill the purpose and provisions of these regulations. [Ord. 2822 § 1 (Exh. A), 2-5-18; Ord. 2693 § 1 (Exh. A(6)), 3-3-08; Ord. 2612, 12-6-04; Ord. 2451, 12-2-96. Code 2001 § 151.227.]

A. Application. An application, with the required fee, for final plan approval shall be submitted in accordance with the provisions of this code, and must be in compliance with all conditions imposed and schedules previously prescribed.

B. Referral. Referral of final plans and supportive material shall be provided to appropriate agencies and departments.

C. Decision Type I Procedure. The final plan consideration shall be reviewed through the Type I procedure. Upon receipt of the application and fee, final plans and required supportive material, the director shall approve, conditionally approve or deny the application for final plan approval. The decision of the director to approve or deny the application shall be based on written findings of compliance or noncompliance with approved preliminary plans and city standards, plans, policies and ordinances. Minor variations from approved preliminary plans may be permitted if consistent with the general character of the approved preliminary plans.

D. Conditions. Applications may be approved subject to such conditions as are necessary to fulfill the purpose and provisions of this code.

E. Performance Agreement.

1. Preparation and Signatures. A duly notarized performance agreement binding the applicant, and the applicant’s successors in interest, assuring construction and performance in accordance with the approved final plans shall be prepared by the city and executed by the applicant and city prior to issuance of a building permit.

2. Return. Unless an executed copy of the agreement is returned to the director within 60 days of its delivery to the applicant, final plan approval shall expire, necessitating the reapplication for final plan reapproval.

3. Filing. The director shall file a memorandum of the performance agreement with the Yamhill County recorder.

4. Improvement Petitions and Dedications. Improvement petitions and all documents required with respect to dedications and easements shall be submitted prior to completion of the agreement.

5. Project Changes. The director may permit project changes subsequent to execution of the agreement upon finding the changes substantially conform to final approved plans and comply with city standards, plans, policies and ordinances. Other modifications are subject to reapplication at the appropriate step.

6. Compliance. Compliance with this section is a prerequisite to the issuance of a building permit.

F. Early Issuance of Building Permits Based on Substantial Completion. A planned unit development containing residential and commercial units where 60 percent or more of the PUD is residential, may seek early issuance of building permits prior to recordation of a final plat for substantial completion of public improvements pursuant to NMC 15.235.060.

1. Regardless of early issuance of building permits, certificate of occupancy shall not be issued prior to completion of all public improvements. [Ord. 2916 § 1 (Exh. A § 4), 6-5-23; Ord. 2822 § 1 (Exh. A), 2-5-18; Ord. 2451, 12-2-96. Code 2001 § 151.228.]

Upon the applicant’s violation of or failure to comply with any of the provisions of the performance contract or final approved plan, the city may, in its discretion, invoke the enforcement procedures provided in the agreement or under applicable law. [Ord. 2822 § 1 (Exh. A), 2-5-18; Ord. 2451, 12-2-96. Code 2001 § 151.229.]

Middle housing land divisions proposed as part of a planned unit development shall follow the lot requirements set forth in NMC 15.405.050 and 15.410.080. [Ord. 2912 § 1 (Exh. A § 10), 5-1-23.]

The purpose of this chapter is to provide an optional “flexible development track” that would allow developers flexibility in some development standards, provided they commit to providing some affordable housing. Under this proposal, a developer who voluntarily chooses to use this track would be given flexibility in development standards intended to make it easier and less expensive to create housing. In exchange for this flexibility, the developer would have to provide at least a certain amount of affordable housing. The obligation to provide affordable housing can be achieved with any combination of market-rate housing, provision of affordable housing units guaranteed to remain affordable in the long term, and/or in-lieu credits through cash contributions to the City of Newberg housing trust fund. [Ord. 2730 § 1 (Exh. A (7)), 10-18-10. Code 2001 § 151.230.]

Developers choosing this option may elect to use any/all of the following flexible development standards. Use of this option will require the developer to make provisions for affordable housing as described in NMC 15.242.030.

A. Lot Standards.

1. Street Frontage. Lot frontage or easement width required may be reduced from 25 feet to 20 feet.

2. Lot Depth-to-Width Ratio. Lot depth-to-width ratio may exceed standards otherwise permitted.

3. Other Lot Dimensions. Other required lot dimensions, such as lot width, may be reduced without limit.

4. Rounding Up Credit for “Partial” Lots. Where the maximum number of lots allowed is a fraction, the number of lots allowed may be rounded (with decimals 0.5 or over rounded up). For example, where zoning allows 10.8 lots, the applicant may round up to 11 lots. Lot sizes within the development may be reduced by up to 25 percent in order to attain the partial lot.

5. Multifamily Density Bonus. Multifamily residential developments may increase the allowed number of units by up to five percent beyond the maximum density otherwise allowed in the zone.

6. Minimum Lot Size. Minimum lot sizes may be reduced as follows:

a. R-2: reduce from 3,000 square feet to 2,500 square feet.

b. R-3: reduce from 3,000 square feet to 1,500 square feet.

c. R-P: reduce from 3,000 square feet to 2,500 square feet.

B. Site Design Standards.

1. Side Yard Setback. Side yard setback may be reduced to three feet.

2. Front Yard Setback. Front yard setbacks may be reduced to 10 feet.

3. Coverage. Lot coverage, parking coverage or combined coverage may be increased an additional 10 percent beyond the applicable standard (for example, from 30 percent to 40 percent).

C. Street and Sidewalk Standards.

1. Sidewalk Location. Sidewalks may be constructed on one side only of local streets.

2. Sidewalk Type. Curb-side sidewalks, six feet in width, may be constructed on local streets, eliminating required planter strips.

3. Street Width. Subject to fire marshal and city engineer approval, street width may be reduced to 28 feet with parking on both sides where, in their determination, adequate emergency access, large vehicle access, and parking can be maintained.

4. Right-of-Way Width. Right-of-way width may be reduced, depending upon the street/planter strip/sidewalk configuration. In no case shall the right-of-way width be less than 38 feet. [Ord. 2763 § 1 (Exh. A § 11), 9-16-13; Ord. 2730 § 1 (Exh. A (7)), 10-18-10. Code 2001 § 151.231.]

A developer that chooses to utilize the flexible development standards described in NMC 15.242.020 shall provide affordable housing, as detailed below. The required amount of affordable housing to be provided will be at least 50 percent of the extra units above what would normally be expected in the development. “What would normally be expected” would be calculated as 80 percent of the target density. The formula is as follows:

50% x [# dwelling units in development - (target density in zone {du/ac} x lot size in acres x 80%)] = required equivalent affordable dwelling units (EADUs).

The following describe affordable dwelling units:

A. Long-Term Affordable Dwellings.

1. Moderate Income Units. One moderate income unit equals 0.75 EADUs. “Moderate income units” are defined as residential units on the subject property reserved for qualifying buyers or renters with incomes at or below 100 percent of Newberg area median income.

2. Low Income Units. One low income unit equals 1.0 EADU. “Low income units” are defined as residential units on the subject property reserved for qualifying buyers or renters with incomes at or below 80 percent of Newberg area median income.

3. Very Low Income Units. One very low income unit equals 1.25 EADUs. “Very low income units” are defined as residential units on the subject property reserved for qualifying buyers or renters with incomes at or below 50 percent of Newberg area median income.

4. In order to use this option, the applicant must ensure a legal mechanism is in place to guarantee that the requisite long-term affordable housing units remain affordable for a period of not less than 25 years. Potential tools to guarantee long-term affordability of the units include deed restrictions, mortgage encumbrances, or agreements made in order to receive federal funding. The agreement must be approved by the city attorney.

5. The applicant also may meet this obligation by transferring title to a sufficient amount of buildable land for development of equivalent number of affordable housing units, as prescribed in subsections (A)(1), (A)(2) and/or (A)(3) of this section, to a nonprofit (IRC 501(c)(3)) affordable housing developer or comparable development corporation for the purpose of complying with subsections (A)(1), (A)(2) and/or (A)(3) of this section. The land shall be located within the project, except as provided in subsection (C) of this section, and all needed public facilities shall be extended to the area or areas proposed for transfer. If to be transferred, ownership of the land shall be transferred to the affordable housing developer or development corporation in accordance with said development agreement.

6. The director shall determine the Newberg area median income, using the best available data.

7. The maximum monthly rental rates for moderate, low, and very low income units shall be determined as follows:

a. For moderate income units, the maximum monthly rental rate shall be 30 percent of the area monthly median income minus estimated average monthly tenant-paid utility costs.

b. For low income units, the maximum monthly rental rate shall be 24 percent of the area monthly median income minus estimated monthly tenant-paid utility costs.

c. For very low income units, the maximum monthly rental rate shall be 15 percent of the area monthly median income minus estimated monthly tenant-paid utility costs.

8. For for-sale, long-term affordable dwelling units, the seller shall demonstrate that the sales price does not exceed the following:

a. For moderate income units, the maximum sales price shall be set such that a typical purchaser’s total annual mortgage, homeowner’s insurance, and property tax payments will not exceed 30 percent of the annual area median income.

b. For low income units, the maximum sales price shall be set such that a typical purchaser’s total annual mortgage, homeowner’s insurance, and property tax payments will not exceed 24 percent of the annual area median income.

c. For very low income units, the maximum sales price shall be set such that a typical purchaser’s total annual mortgage, homeowner’s insurance, and property tax payments will not exceed 15 percent of the annual area median income.

9. The maximum rental rates and maximum sales prices described in subsections (A)(7) and (A)(8) of this section shall be adjusted for inflation. In addition, they may be adjusted uniformly each year such that the rates/prices equal market value at the end of the 25-year period. For example, the price of a unit that initially has a maximum sales price that is 75 percent of market value may be sold at 85 percent of market value after 10 years, and at 95 percent of market value after 20 years.

B. Market-Rate Affordable Units. Market-rate affordable units are dwellings on the subject property that, by virtue of their size, are more likely to be affordable on the open market. Such market-rate units must meet one or more of the following criteria:

1. Studio or one-bedroom dwellings with less than 600 square feet gross floor area.

2. Two-bedroom dwellings with less than 800 square feet gross floor area.

3. Dwellings containing three or more bedrooms and containing less than 1,000 square feet floor area.

4. Accessory dwelling units.

Market-rate affordable units equal 0.5 EADU.

C. Construction of Off-Site Units. At the planning and building director’s discretion, long-term affordable dwellings or market-rate affordable units may be constructed at an alternate location in the city and equal 75 percent of the EADUs of on-site units. The off-site unit may not be used as affordable dwelling points for any other project. If this option is selected, the applicant shall file an agreement with the city stating the election to use the off-site unit as credit for the applicant’s project. A property for construction of the off-site units must be secured and platted in a reasonable time frame, as determined at the director’s discretion. The off-site units must be constructed or have building permits issued within three years of the completion of the principal on-site development.

D. Purchase of Affordable Dwelling In-Lieu Credits. In lieu of constructing affordable dwelling units, the applicant may purchase affordable dwelling in-lieu credits by paying a fee to the City of Newberg housing trust fund. The fee shall be assessed at the time of final plat for a subdivision, or at time of building permit issuance for other projects. The price of each credit shall be established by resolution of the city council. The price of a credit shall be calculated based on the following:

The estimated average purchase price for a market-rate dwelling unit suitable for a median sized family in Newberg, minus the estimated average purchase price affordable to a median sized low income family in Newberg. [Ord. 2933 § 1 (Exhs. A-1a, A-1b), 2-18-25; Ord. 2730 § 1 (Exh. A (7)), 10-18-10. Code 2001 § 151.232.]

A. A development agreement is made between a property owner and the city and is adopted by the city by ordinance. It is intended as a tool to create quality developments. The agreement allows the city to change the zoning of a property contingent on the applicant constructing a certain project, completing certain conditions, or complying with certain standards. The agreement may also allow the city and an applicant to coordinate in the provision of facilities to serve the development.

B. A development agreement may do any of the following:

1. Designate the zoning district, comprehensive plan designations, and subdistricts that will be applied to a property upon execution of the agreement, upon successful completion of the terms of the agreement, and in case of failure to complete the terms of the agreement.

2. Require specific performance conditions for development of the property. These performance conditions may include, but are not limited to, construction of public facilities, dedication or reservation of land for rights-of-way, easements, or open spaces, construction of certain amenities, or other conditions proper for the development.

3. Create certain standards or specifications for development.

4. Create review processes by which development under the plan is approved. [Ord. 2537, 11-6-00. Code 2001 § 151.255.]

A. The agreement shall specify the duration of the agreement, which may not exceed 15 years. The agreement may specify when construction will begin, when phases will be completed, and what extension opportunities are available.

B. A development agreement shall contain all those items listed in ORS 94.504. In addition, the development agreement shall specify:

1. The zoning district, comprehensive plan designations, and subdistricts that will be applied to a property upon adoption, upon successful completion of the terms of the agreement, and in case of failure to complete the terms of the agreement.

2. The signature of the applicant. [Ord. 2678 § 4 (Exh. 6(2)), 9-4-07; Ord. 2537, 11-6-00. Code 2001 § 151.256.]

A. A property owner or duly authorized agent may submit a proposed development agreement for approval.

B. In addition, in lieu of denying an application that would otherwise not meet applicable criteria, the planning commission or city council may request that an applicant prepare a development agreement for consideration in conjunction with the application, including reasonable extensions of the time periods for decision making to allow preparation and review of the agreement. The applicant is under no obligation to do so, but may risk denial of an application.

C. The city shall process the request for development agreement approval using a Type III procedure. The development agreement shall be adopted by the city council by ordinance.

D. The fee collected shall be the fee for the zone change, annexation, or other approval that is requested in conjunction with the development agreement.

E. The criteria for approval for a development agreement shall be those criteria for a zoning map amendment, design review approval, planned development approval, or other processes that otherwise would be applied to the property. [Ord. 2537, 11-6-00. Code 2001 § 151.257.]

A. The development agreement may be amended or canceled by mutual consent of the parties to the agreement or their successors in interest, and by ordinance of the city council using a Type III process.

B. Should the development agreement include a zone change, any such change shall be noted on the official zoning map. If the zone change is contingent on meeting certain conditions, then the map shall include a note to that effect such as an asterisk or LU designation. [Ord. 2537, 11-6-00. Code 2001 § 151.258.]

Should the applicant fail to meet the terms and conditions contained in the agreement in the time frames specified, then the zoning of the property shall revert as specified in the development agreement and other approvals shall be null and void. [Ord. 2537, 11-6-00. Code 2001 § 151.259.]

The city finds that annexation is the first step to converting future urbanizable lands to urbanizable land within the Newberg urban growth boundary, and that as such it is an important part of the process of providing timely and orderly urban development. The city also recognizes that the development of lands at an urban density must include the provision of an adequate level of required urban services such as wastewater, water, and roads. Policies and procedures adopted in this code are intended to carry out the directives of the citizens of Newberg and the Newberg comprehensive plan, and to ensure that annexation of lands to the city is incorporated into the process of providing a timely and orderly conversion of lands to urban uses. The code provides for annexation elections consistent with state law and the City of Newberg Charter requirement that, unless otherwise mandated by state law, annexation may only be approved by a majority of those voting. [Ord. 2933 § 1 (Exhs. A-1a, A-1b), 2-18-25; Ord. 2745 § 1 (Exh. A), 7-18-11; Ord. 2451, 12-2-96. Code 2001 § 151.260.]

Cross-reference: See ORS 222.855 for annexation to abate a public danger. Also, see ORS 222.111 for annexation eligibility and ORS 222.010 – 222.750 for annexation procedures.

The following conditions must be met prior to or concurrent with city processing of any annexation request:

A. The subject site must be located within the Newberg urban growth boundary or Newberg urban reserve areas.

B. The subject site must be contiguous to the existing city limits.

C. The annexation application or legislative proposal must follow one of the statutory annexation procedures contained in ORS Chapter 222. [Ord. 2933 § 1 (Exhs. A-1a, A-1b), 2-18-25; Ord. 2745 § 1 (Exh. A), 7-18-11; Ord. 2451, 12-2-96. Code 2001 § 151.261.]

Quasi-judicial annexation applications are those filed pursuant to the application of property owners and exclude legislative annexations. The following criteria shall apply to all quasi-judicial annexation requests:

A. The proposed use for the site complies with the Newberg comprehensive plan and with the designation on the Newberg comprehensive plan map. If a redesignation of the plan map is requested concurrent with annexation, the uses allowed under the proposed designation must comply with the Newberg comprehensive plan.

1. Where large LDR or MDR designated parcels or groups of parcels are to be annexed, the applicant(s) shall concurrently apply for a comprehensive plan map amendment to include some HDR-designated/R-3 zoned lands, consistent with the policy of distributing R-3 multifamily housing throughout the community. Such zoning shall be applied to portions of the property that are most suitable for high density development.

For the purposes of this policy, “large” is defined as an area greater than 15 net acres, after subtracting for land in stream corridor overlays. “Some” is defined as 10 percent of the net size of the application.

B. An adequate level of urban services must be available, or made available, within three years’ time of annexation, except as noted in subsection (E) of this section. An “adequate level of urban services” shall be defined as:

1. Municipal wastewater and water service meeting the requirements enumerated in the Newberg comprehensive plan for provision of these services.

2. Roads with an adequate design capacity for the proposed use and projected future uses. Where construction of the road is not deemed necessary within the three-year time period, the city shall note requirements such as dedication of right-of-way, waiver of remonstrance against assessment for road improvement costs, or participation in other traffic improvement costs, for application at the appropriate level of the planning process. The city shall also consider public costs for improvement and the ability of the city to provide for those costs.

C. Findings documenting the availability of police, fire, parks, and school facilities and services shall be made to allow for conclusionary findings either for or against the proposed annexation. The adequacy of these services shall be considered in relation to annexation proposals.

D. The burden for providing the findings for subsections (A), (B) and (C) of this section is placed upon the applicant.

E. The city council may annex properties where urban services are not and cannot practically be made available within the three-year time frame noted in subsection (B) of this section, but where annexation is needed to address a health hazard, to annex an island, to address wastewater or water connection issues for existing development, to address specific legal or contract issues, to annex property where the timing and provision of adequate services in relation to development is or will be addressed through legislatively adopted specific area plans or similar plans, or to address similar situations. In these cases, absent a specific legal or contractual constraint, the city council shall apply an interim zone, such as a limited-use overlay, that would limit development of the property until such time as the services become available. [Ord. 2826 § 1 (Exh. A), 5-7-18; Ord. 2745 § 1 (Exh. A), 7-18-11; Ord. 2640, 2-21-06; Ord. 2451, 12-2-96. Code 2001 § 151.262.]

A. The application shall be processed in accordance with the Type III processing procedures outlined in this code. Once the director receives a completed application for annexation, the director shall schedule a recommendation hearing before the planning commission. The planning commission shall make a recommendation to the city council as to whether or not the application meets the criteria contained in NMC 15.250.030. This decision shall be a quasi- judicial determination and not a legislative determination. The planning commission may also recommend denial of an application based upon a legislative perception of the request even though the findings support and would allow annexation. A decision to recommend denial of an annexation, even though the findings support the request, shall be specifically stated in the record and noted as a legislative recommendation separate and apart from the quasi-judicial recommendation.

B. Following the planning commission hearing, the director shall schedule a city council hearing to consider the request. The city council shall conduct a quasi-judicial hearing and determine whether or not the application meets the criteria contained in NMC 15.250.030. The hearing at the city council shall be considered a new hearing. If new evidence is submitted, the city council may, at its own discretion, return the application to the planning commission for further review and recommendation. The city council may also deny an application based upon findings that the applicable criteria are not met, or a legislative perception of the request even though the findings support and would allow annexation. A decision to deny an annexation shall be supported by findings of fact in a city council order.

C. Should an annexation ordinance be approved by city council, the property shall be annexed and the following events shall occur:

1. The property shall be ordered and declared annexed and withdrawn from the Newberg rural fire protection district.

2. The territory will be changed from a county zone to a city zoning designation as indicated in NMC 15.250.080. The Newberg, Oregon, zoning map shall be amended to indicate this change.

3. The recorder of the city is directed to make and submit to the Secretary of State, the Department of Revenue, the Yamhill County elections officer, and the assessor of Yamhill County a certified copy of the following documents:

a. A copy of the approved ordinance.

b. A map and legal description identifying the location of said territory. [Ord. 2933 § 1 (Exhs. A-1a, A-1b), 2-18-25; Ord. 2745 § 1 (Exh. A), 7-18-11; Ord. 2683 § 1, 11-5-2007; Ord. 2501, 12-7-98; Ord. 2451, 12-2-96. Code 2001 § 151.263.]

Applications for quasi-judicial annexations shall be made on forms provided by the planning division and include the following material:

A. Written consent to the annexation signed by the requisite number of affected property owners, electors, or both within the area to be annexed to initiate an annexation request, as provided by state law. The consent shall include a waiver stating that the owner will not file any demand against the city under Measure 49, approved November 6, 2007, that amended ORS Chapters 195 and 197.

B. Legal description of the property to be annexed and a boundary survey certified by a registered engineer or surveyor.

C. Vicinity map and map of the area to be annexed including adjacent city territory.

D. General land use plan indicating types and intensities of proposed development, transportation corridors (including pedestrian and vehicular corridors), watercourses, significant natural features, open space, significant stands of mature trees, wildlife travel corridors, and adjoining development.

E. Statement of overall development concept and methods by which physical and related social environment of the site, surrounding area, and community will be enhanced.

F. Annexation fees, as set by city council resolution.

G. Statement outlining method and source of financing to provide additional public facilities.

H. Comprehensive narrative of potential positive and negative physical, aesthetic, and related social effects of the proposed development on the community as a whole and on the smaller subcommunity or neighborhood of which it will become a part and proposed actions to mitigate such effects.

I. Concurrent with application for annexation, the property may be assigned one of the following methods for development plan review:

1. A planned unit development approved through a Type III procedure.

2. A development agreement approved by the city council.

3. A contract annexation as provided for in the state statutes. Development plans must be approved and an annexation contract must be signed by the city council in order to use the contract annexation process. [Ord. 2933 § 1 (Exhs. A-1a, A-1b), 2-18-25; Ord. 2745 § 1 (Exh. A), 7-18-11; Ord. 2693 § 1 (Exh. A(4)), 3-3-08; Ord. 2612, 12-6-04; Ord. 2451, 12-2-96. Code 2001 § 151.264.]

Cross-reference: See ORS 222.111 for annexation eligibility and ORS 222.010 – 222.750, pertaining to annexation procedures.

A. Purpose. Legislative annexations are those annexations that are initiated by the City of Newberg. Legislative annexations include health hazard annexations, island annexations, batch annexations, and other annexations initiated by the city council.

B. Process. Legislative annexations shall be processed as a Type IV legislative action, except as noted. The annexation request shall be reviewed directly by the city council. A planning commission hearing shall be required only if a comprehensive plan amendment is involved or city council refers the matter to the planning commission for a recommendation.

C. Notice. The director shall provide notice of hearings:

1. To the owner of the site proposed for annexation.

2. To owners of property within 500 feet of the entire site for which the application is made. The list shall be compiled from the most recent property tax assessment roll.

3. To the Department of Land Conservation and Development per NMC 15.100.250.

4. Within a newspaper of general circulation within the city at least 10 days prior to the first public hearing on the action per NMC 15.100.270.

D. Approval. In approving any legislative annexation, the city council shall follow the applicable procedures of state law and the Newberg Charter. [Ord. 2933 § 1 (Exhs. A-1a, A-1b), 2-18-25; Ord. 2745 § 1 (Exh. A), 7-18-11.]

Annexation of areas constituting a health hazard shall be processed in accordance with ORS 222.840 through 222.915, taking into consideration the ability of the city to provide necessary services. [Ord. 2933 § 1 (Exhs. A-1a, A-1b), 2-18-25; Ord. 2745 § 1 (Exh. A), 7-18-11; Ord. 2451, 12-2-96. Code 2001 § 151.265.]

The following policies are adopted for island annexations:

A. The city shall attempt to not create islands of unincorporated territory within the corporate limits of the city. If such an island is created, the city council may set a time for a public hearing for the purpose of determining if the annexation should be submitted to the voters. The hearing shall be conducted in accordance with the policies and procedures contained in this code.

B. Written notice to property owners will be made prior to annexation to allow for property owner responses. Failure to receive notice shall not in any way invalidate the annexation procedure that may be subsequently undertaken by the city.

C. The island annexation shall follow the procedures required under ORS 222.750.

D. Annexation of an island shall be by ordinance, subject to approval by the voting majority. The city shall allow electors, if any, in the territory proposed to be annexed to vote in the election on the question of annexation. If the city council finds that a majority of the votes cast in the city and the territory combined favor annexation, the city council, by ordinance, shall proclaim the annexation approved. The proclamation shall contain a legal description of each territory annexed.

E. For property that is zoned for, and in, residential use when annexation is initiated by the city under this section, the city shall specify an effective date for the annexation that is at least three years and not more than 10 years after the date the city proclaims the annexation approved. The director shall:

1. Cause notice of the delayed annexation to be recorded by the county clerk of the county in which any part of the territory subject to delayed annexation is located within 60 days after the city proclaims the annexation approved; and

2. Notify the county clerk not sooner than 120 days and not later than 90 days before the annexation takes effect.

3. Notwithstanding subsection (D) of this section, property that is subject to delayed annexation becomes part of the city immediately upon transfer of ownership. [Ord. 2933 § 1 (Exhs. A-1a, A-1b), 2-18-25; Ord. 2745 § 1 (Exh. A), 7-18-11; Ord. 2451, 12-2-96. Code 2001 § 151.266.]

With the consent of the property owners, the city may process multiple smaller annexations together as a legislative annexation in order to streamline the annexation process and to share the financial cost of the application.

A. Eligibility. Properties are eligible for batch annexation if:

1. The total area of each contiguous territory to be annexed does not exceed three buildable acres, unless the city council moves to allow consideration of a larger territory prior to the hearing.

2. Property owners shall file a consent and request to annex with the city on forms provided by the director.

3. The zoning map designation complies with the comprehensive plan map designation. If a comprehensive plan map change is proposed the request shall follow the process described in NMC 15.250.050(B).

4. The properties have a residential comprehensive plan map designation and are intended for residential use.

B. Process. Batch annexations shall be processed as follows:

1. The deadline to file a request shall be November 1st prior to a May primary election in even-numbered years.

2. The director shall collect the requests. If two or more eligible requests are submitted by November 1st, the director shall initiate the batch annexation and schedule the item for a city council hearing. If fewer than two requests are submitted, the director shall extend the deadline to May 1st of the even-numbered year to allow consideration prior to the general election in November. If multiple requests are not submitted by the May 1st deadline, the requests shall be deferred until multiple requests are received by the next deadline.

3. The city council may initiate a batch annexation at times other than those specified in this section.

4. Property owners shall submit a consent to annex form provided by the city and a request to be part of a batch annexation. The request shall include a legal description of the property and a title report or proof of ownership, and a waiver stating that the owner will not file any demand against the city under Measure 49, approved November 6, 2007, that amended ORS Chapters 195 and 197.

5. If the total acreage of the batch annexation exceeds 15 acres, then the annexation shall be referred to the planning commission for a public hearing.

C. Criteria for a Batch Annexation. For each property, an adequate level of urban services is or can be made available within three years, including:

1. Municipal wastewater and water service meeting the requirements enumerated in the Newberg comprehensive plan for provision of these services.

2. Roads with an adequate design capacity for the proposed use and projected future uses.

3. Police, fire, parks, and school facilities and services.

D. Approval. The city council may approve or deny all or part of the proposed batch annexation. [Ord. 2933 § 1 (Exhs. A-1a, A-1b), 2-18-25; Ord. 2745 § 1 (Exh. A), 7-18-11.]

A. The comprehensive plan map designation of the property at the time of annexation shall be used as a criterion to determine whether or not the proposed request complies with the Newberg comprehensive plan. A redesignation of the comprehensive plan map may be requested concurrent with annexation. The proposed redesignation shall then be used to determine compliance with the Newberg comprehensive plan.

B. Upon annexation, the area annexed shall be automatically zoned to the corresponding land use zoning classification which implements the Newberg comprehensive plan map designation. The corresponding designations are shown in the table below. The procedures and criteria of NMC 15.302.030 shall not be required.

C. If a zoning classification is requested by the applicant for other than that described in subsection (B) of this section, the criteria of NMC 15.302.030 shall apply. This application shall be submitted concurrently with the annexation application.

D. In the event that the annexation request is denied, the zone change request shall also be denied. [Ord. 2930 § 4 (Exh. A-3), 1-6-25; Ord. 2883 § 1 (Exh. A § 1), 6-7-21; Ord. 2747 § 1 (Exh. A § 6), 9-6-11; Ord. 2720 § 1(9), 11-2-09; Ord. 2451, 12-2-96. Code 2001 § 151.267.]

Annexation requests shall be coordinated with affected public and private agencies, including, but not limited to, Yamhill County, Chehalem Park and Recreation District, Newberg School District, Northwest Natural Gas, Portland General Electric, and, where appropriate, various state agencies. Coordination shall be made by referral of annexation request to these bodies sufficiently in advance of final city action to allow for reviews and recommendations to be incorporated into the city records. [Ord. 2745 § 1 (Exh. A), 7-18-11; Ord. 2451, 12-2-96. Code 2001 § 151.268.]

When a nonconforming use, as described in NMC 15.205.010 through 15.205.100, is annexed into the city, the applicant shall provide a schedule for the removal of the nonconforming use for the planning commission and city council. Legal nonconforming residential uses are allowed to remain indefinitely. At time of approval of the annexation, the city council may add conditions to ensure the removal of the nonconforming use during a reasonable time period. The time period may vary from one year to 10 years at the discretion of the city council. [Ord. 2745 § 1 (Exh. A), 7-18-11; Ord. 2451, 12-2-96. Code 2001 § 151.269.]