(Repealed by Ord. 1081)

The provisions of the overlay district do not change the base zoning or range of uses permitted on a property. However, the overlay may restrict the placement of a use on a property to reflect natural constraints such as steep slopes, known geologic hazards, floodplains and creekbeds, and to protect the public health, safety and welfare. (Ord. 974 § 4 (Exh. A.2 § 4.1), 1998)

The geologic hazard overlay, flood hazard overlay and creek greenway overlay apply to specific properties as designated on the Rainier comprehensive plan and Rainier zoning map.

A. The geologic hazard overlay includes areas of known geologic hazard and areas with slopes over 20 percent.

B. The flood hazard overlay applies to the floodway and 100-year floodplain as mapped by the Federal Emergency Management Agency (FEMA).

C. The creek greenway overlay is applied to lands adjacent to Beaver Creek, Nice Creek, Fox Creek and Owl Creek. (Ord. 974 § 4 (Exh. A.2 § 4.2), 1998)

Any proposed development on lands designated with the geologic hazard overlay or flood hazard overlay shall be considered through development review as required by Chapter 18.75 RMC. (Ord. 974 § 4 (Exh. A.2 § 4.2), 1998)

“Development,” for the purpose of reviewing activity on any land designated with an overlay, is a proposal which includes:

A. The construction or siting of any significant structure (such as a shop, dwelling, garage, barn, or outbuilding), regardless of whether there is existing development on-site;

B. Any modification to an existing structure which substantially changes the structure (addition, expansion, structural modification);

C. Any proposed earthwork which will change the existing soil, drainage, slope, or load (cutting, filling, adding load), including leveling, whether for a subdivision or a parking lot;

D. Substantial changes in use; and/or

E. Other proposals deemed “development” by the reviewing staff. (Ord. 974 § 4 (Exh. A.2 § 4.1), 1998)

The purpose of this chapter is to establish the necessary procedures and criteria under ORS Chapter 222 and all related chapters. The provisions of this chapter are hereby adopted to achieve orderly and efficient annexation of lands into the city of Rainier city limits.

A. The procedures and standards set forth in this chapter are required for review and decision of proposed annexations and will ensure that:

1. A system for measuring the physical, environmental, fiscal and related social effects of proposed annexations is established;

2. The city of Rainier will be able to initiate annexations;

3. The city of Rainier will not be required to hold citywide elections for annexations;

4. The city of Rainier will not be held responsible for providing services to any structures outside of city limits; and

5. Ensure adequate time for review by staff. (Ord. 1083, 2022)

The regulations and requirements of ORS Chapter 222 are concurrent obligations for annexation and are not affected by the provisions of this chapter. (Ord. 1083, 2022)

The following definitions shall be used in this chapter:

“Annexation” means boundary change due to an annexation or withdrawal of territory to or from a city or district, or from a city/county to a city; and the extraterritorial extension of water or sewer service by a city or district.

“City” means the city of Rainier.

“Commission” means the city of Rainier planning commission.

“Contiguous” means sharing a common border or touching.

“Council” means the city of Rainier city council. (Ord. 1083, 2022)

The general procedures stated in this section shall apply to all annexation proposals.

A. Annexation proposals shall be considered by the council pursuant to the Type IV legislative process, as stated in Chapter 18.160 RMC, except that the commission shall conduct no public hearing or recommendation. The council decision shall be the “final decision” for purposes of compliance with RMC 18.160.050.

B. Notice.

1. The city planning official shall notify in writing the Oregon Department of Land Conservation and Development (DLCD) of legislative amendments at least 45 days before the first public hearing at which public testimony or new evidence will be received. The notice shall include a DLCD certificate of mailing.

2. Written notice may also be conducted electronically through plan amendments (PAPA) online through DLCD.

3. At least 20 days, but not more than 40 days, before the date of the first hearing on an ordinance, a notice shall be prepared in conformance with ORS 227.175 and mailed to:

a. Each owner whose property would be directly affected by the proposal;

b. Any affected governmental agency;

c. Any person who requests notice in writing.

4. At least 10 days before the scheduled city council public hearing date, public notice shall be published in a newspaper of general circulation in the city.

5. For each mailing and publication of notice, the city planning official shall keep an affidavit of mailing/publication in the record.

C. A staff report shall be issued prior to final decision by the council.

D. The decision made by council shall be in writing. (Ord. 1083, 2022)

Initiation procedures shall apply to annexation proposals.

A. An annexation proposal may be initiated by the city of Rainier through the council, on its own motion, as set forth in this section. The council may terminate proceedings under this section at any time.

B. An annexation proposal may be initiated pursuant to the state law health hazard abatement annexation process.

C. An annexation proposal may be initiated pursuant to the state law island annexation process.

D. An annexation proposal may be initiated by submission of city forms of property owner(s) of the area to be annexed as set forth in this section.

1. When all of the owners of land in the territory to be annexed consent in writing to the annexation of their land in the territory and file a statement of their consent with the city.

2. Repealed by Ord. 1083.

3. A preapplication conference is strongly encouraged prior to the submittal of an annexation petition. (Ord. 1083, 2022)

A. A proposal shall be considered by the city council without a public hearing and may be placed on the council consent agenda. The council decision on the proposal shall be considered the “final decision.”

B. The petition requirements for expedited applications must be accompanied by the written consent of 100 percent of the property owners within the affected territory.

C. Notice of petition for an expedited process must be provided a minimum of 20 days prior to the final decision and shall follow the notification procedures as required for Type IV comprehensive plan amendments.

D. A brief staff report shall be issued at least seven days prior to the decision date.

E. An expedited process cannot be used if a necessary party gives written notice to contest the decision. (Ord. 1083, 2022)

An applicant for annexation shall submit six copies of the application materials. The city may require additional copies if deemed necessary. The application materials shall include:

A. A complete and signed annexation application packet of forms provided to the city.

B. A petition, on city forms, completed by property owners residing in the affected territory that meets the minimum petition requirements set forth by the city.

C. A metes and bounds legal description of the territory to be annexed, meeting the relevant requirements of ORS 308.225. A lot and block description may be substituted if the area is platted. If the legal description contains any deed or book and page references, legible copies of these shall be submitted with the legal description.

D. A map showing the affected territory, any public streets to be annexed and parcels within 300 feet of the affected territory including any public streets. The affected territory shall be identified on the map. The map shall be submitted on an 11-by-17-inch map and shall show scale and a north arrow.

E. A narrative which addresses the approval criteria.

F. A request for an expedited procedure if desired by the applicant.

G. The applicant is responsible for all fees related to the annexation process. (Ord. 1083, 2022)

The city council shall approve or deny an annexation proposal based on findings and conclusions addressing the following criteria:

A. Findings conducted by the city planning official or other city staff.

B. The affected territory must be located within the city’s urban growth boundary.

C. The affected territory is contiguous to the existing city limits.

D. The city will attempt to apply zoning which is most like the county zone and try to avoid nonconforming uses.

E. A city of Rainier covenant of waiver of rights and remedies city form has been executed by all owners of the property to be annexed and all owners of any interest in the property to be annexed regarding waiver of any statutory or constitutional regulatory provisions, including, but not limited to, Ballot Measure 37 (effective December 2, 2004) as amended by Ballot Measure 49. This section only applies to those property owners who have consented in writing to annexation.

F. That either:

1. The funding mechanisms required to construct transportation, wastewater, water, stormwater and park facilities are consistent with adopted public facility or utility master plans, parks and/or transportation system plans are in place; or

2. In lieu, a public facilities, parks, and transportation agreement is executed that funding will be in place prior to or concurrent with a development permit application.

G. That the public interest would be furthered by the annexation. (Ord. 1083, 2022)

The city shall prepare a fiscal impact statement, which shall estimate the fiscal impact that the proposed annexation would have on the city’s general fund. The fiscal impact information shall be utilized in the determination of whether the public interest would be furthered by the approval of the annexation. (Ord. 1083, 2022)

The city council decision may be appealed according to state law. (Ord. 1083, 2022)

A development permit shall be obtained before development begins on any land designated with the geologic hazard overlay (slide hazards and slopes greater than 20 percent). “Development” shall be defined as set forth in Chapter 18.70 RMC. (Ord. 974 § 4 (Exh. A.2 § 4.3), 1998)

Development permits shall be reviewed and determined by planning and public works as a Type II decision. Where, in the opinion of planning or public works, the conceptual plan raises substantial questions as to its ability to be accomplished within the standards of this title, or, because of its size, location or complexity is likely to raise concern from a substantial portion of nearby property owners or citizens or from governing public agencies, staff shall take one or both of the following actions:

A. Submit the proposal and geotechnical report to the city engineer for review and comment. When the proposal is submitted for engineering review and comment, staff shall rely on the opinion of engineering in requiring further information and in making its final decision, and shall impose all recommended mitigation measures and conditions of approval on the proposal.

B. Deem the request a Type III decision and request review and determination at a public hearing by the planning commission. (Ord. 974 § 4 (Exh. A.2 § 4.3), 1998)

Additional costs and fees incurred for engineering review and/or the public hearing process must be paid by the applicant before a Type III decision process can be initiated. (Ord. 974 § 4 (Exh. A.2 § 4.3), 1998)

The applicant shall submit evidence from a registered professional civil engineer to demonstrate that the project can be accomplished safely and without adverse off-site impacts. Special building construction techniques and management practices may be attached to approval of a building permit to minimize the potential of slides or slope failure. The applicant may also be required to sign a waiver to hold the city harmless in the event of future damages associated with construction in the hazard overlay. (Ord. 974 § 4 (Exh. A.2 § 4.3), 1998)

A conceptual plan must be submitted to initiate either the Type II or the Type III decision process. The plan must be to approximate scale and must include:

A. A title page with the property owner’s name and address, the applicant’s name and address, and the subject property address and tax lot number;

B. A general layout of the site and all proposed development at a scale which is appropriate for the level of development;

C. The general location of all utilities, roads and easements; and

D. All relevant physical features of the land, such as site contours, significant vegetation, creekbeds and other natural features. (Ord. 974 § 4 (Exh. A.2 § 4.3), 1998)

A. A geotechnical report must also be submitted to initiate either the Type II or Type III decision process. The report must be prepared within the three-year period immediately preceding the review and must be signed and dated by a civil engineer.

B. The geotechnical report must demonstrate that the proposed project can be accomplished without adverse impact outside the boundary lines of the subject property. Adverse impact is any impact which will:

1. Cause, aggravate, or increase runoff, erosion, landslides, or sinkholes;

2. Decrease safety (such as in the creation of steep dropoffs or walls without barriers);

3. Destabilize the ground; or

4. Require improvements to be made by others in order to avoid impact.

C. The geotechnical report must specifically address:

1. Underlying geologic conditions;

2. Water table;

3. Slope stability;

4. Soil strength;

5. Engineered cut, fill and compaction;

6. Drainage design and placement;

7. Foundation design and placement; and

8. Mitigation measures which will minimize the potential of slide or slope failure. (Ord. 974 § 4 (Exh. A.2 § 4.3), 1998)

As a condition imposed through the public hearing process, the applicant may be required to sign a waiver to hold the city harmless in the event of future damages associated with the development. (Ord. 974 § 4 (Exh. A.2 § 4.3), 1998)

A special setback adjacent to creeks within the Rainier urban growth boundary and city limits is applicable to all proposed uses. The intent of this chapter is to protect riparian buffers adjacent to the creeks for water quality, scenic, open space and wildlife habitat values. (Ord. 974 § 4 (Exh. A.2 § 4.5), 1998)

A 50-foot setback from the centerline of the creek is applicable to the following: Nice Creek, Beaver Creek, Owl Creek and Fox Creek. The approximate boundary of the four creeks is identified on the Rainier comprehensive plan and the Rainier zoning map. The setback applies to both sides of the creek. (Ord. 974 § 4 (Exh. A.2 § 4.5), 1998)

The creek setback does not affect the uses permitted under the base zoning applied to properties. To the extent practical, the riparian buffer shall be retained in a natural condition. Passive open space or recreational uses such as a trail are permitted. (Ord. 974 § 4 (Exh. A.2 § 4.5), 1998)

Public facilities such as sanitary sewer and storm sewers may be placed in or across the creeks if required for gravity flow. However, conditional use permit approval is required, with special attention to minimizing impacts to water quality and the riparian corridor. (Ord. 974 § 4 (Exh. A.2 § 4.5), 1998)

The city of Rainier shall provide opportunities for development flexibility to protect the riparian/creek corridors. For example, the city will allow a transfer of density from the creek buffer to adjacent upland areas. Property owners shall also have the opportunity to request a variance if the creek setback removes opportunities for practical use of a subject property. (Ord. 974 § 4 (Exh. A.2 § 4.5), 1998)