A. No exterior, interior, landscape, or archaeological element of a Talent landmark or resource of statewide significance, which is specified as significant in its designation, shall be altered, removed, or demolished without a permit issued pursuant to this chapter.

B. No major exterior alteration, relocation, or demolition of a landmark or resource of statewide significance shall be allowed without a permit issued pursuant to this chapter.

A. Certificate of Sanitation. A MH park shall have a certificate of sanitation issued by the State Department of Commerce and must comply with all state requirements for MH parks.

A. The community development director’s or his/her designee’s assessment of the TIS will be used as the basis for requiring mitigation and imposing conditions of approval.

A. Types of Site Development Plan Review. Before any building permit shall be issued for development as set forth in any zone prescribed in this title, or as set forth in any other applicable provisions of this title (e.g., road approach permits along arterial streets or surfacing projects of parking lots), except as provided in subsection (B) of this section, a site development plan for the total parcel or development shall be prepared and submitted for review and approval.

B. The requirements of this chapter do not apply to:

C. The requirements of this chapter shall not be construed to be a substitution for more detailed review requirements set forth by this title for any specific zone or use. [Ord. 966 § 2 (Exh. B), 2021; Ord. 817 § 8-3L.120, 2006.]

A. Fee. Accompanying the requirements of TMC 18.150.040 shall be a nonrefundable fee. The amount of the fee shall be established, and may be changed, by general resolution or ordinance by the city council. In addition, the applicant shall be liable for the costs to the city for engineering and legal services rendered by the city engineer and attorney in the reviewing of the documents and plans, conducting inspections and other services necessary to fulfill the requirements and conditions provided for in this chapter. [Ord. 966 § 2 (Exh. B), 2021; Ord. 817 § 8-3L.130, 2006.]

A. Name and address of applicant;

B. Assessor’s map number and tax lot number of the property concerned;

C. North point and scale of drawing;

D. Dimensions and orientation of the lot or parcel;

E. Location, size, height and proposed use of all buildings, both existing and proposed, and relationship to existing development on immediately adjacent properties;

F. Location, dimensions and layout of all off-street parking and loading facilities, including bicycle parking; internal circulation pattern; access points for pedestrians, bicycles and motor vehicles; required standards and improvements of TMC 18.110.120 and 18.110.130, if any;

G. Location and nature of exterior lighting;

H. Location, height and construction materials of walls and fences;

I. Location, materials and maintenance of proposed landscaping, including the location, names, mature height, crown diameter, and growth rate of mature trees and shade trees;

J. A plan showing the shadow patterns of all buildings, fences, walls and trees at their mature heights between the hours beginning at 9:00 a.m. and ending at 3:00 p.m. Pacific Standard Time on November 21st existing or proposed on the property; determination of shadow patterns is set forth in TMC 18.125.040(C);

K. Street improvements;

L. Yards and open space between buildings and in setbacks;

M. Proposed method of buffering, including compliance with Chapter 18.105 TMC, where indicated;

N. Existing natural features, including all trees with a circumference of 14 inches or greater, measured at a point three feet above grade at the base of the tree;

O. The location and methods taken to mitigate noise sources to and from adjacent properties;

P. Location and type of natural hazards occurring on the site including, but not limited to, floodplains and floodways, soils and areas with erosion, shrink-swell, high runoff, mass movement and high groundwater characteristics; with a description of how any hazards will be mitigated;

Q. Location and size of all existing and proposed water, sewer and public safety facilities and existing street right-of-way and roadway widths adjacent to the property;

R. Location and dimensions of existing and proposed easements;

S. Any other data as may be required by this chapter to permit the review authority to make the necessary findings;

T. Where an attachment, minor addition or appurtenant building to an existing building, recycling facilities, storage drop-off boxes, or a road approach permit is proposed, the site development plan shall indicate the relationship of said proposal to the existing development, parking facilities and access points on the property and immediately adjacent properties, but need not include other data required in subsections (A) through (R) of this section, unless required by the review authority;

U. For a relocated structure, the applicant shall provide photographs of the structure being proposed for relocation;

V. For a relocated structure, the applicant shall provide a detailed list, prepared by a licensed building inspector, architect or engineer, detailing the necessary improvements to assure compliance with the current edition of the Uniform Building Code. Such listing shall be accompanied by a cost estimate for all required work, said estimate to be prepared by a licensed contractor or estimator;

W. For relocated structures, an estimated schedule of completion shall be provided. In no case shall the time required for completion exceed the time limit specified by TMC 18.95.020(E);

X. For relocated structures, the applicant shall post a bond(s) adequate to insure completion of all required upgrading. The applicant and contractor may jointly post such a bond(s). The required bond(s) shall be drawn in favor of the city of Talent;

Y. If approval for relocation is given, and upon issuance of the proper building permits, the applicant shall notify the building official, at least three days prior to the movement of the structure, of the date and time of the move so that the building official can, at the applicant’s expense, witness the move to ensure that the approved structure is being relocated. If the building official is not satisfied that the proper structure is being moved he shall take the appropriate steps to ensure that the structure is not brought into the city. [Ord. 966 § 2 (Exh. B), 2021; Ord. 817 § 8-3L.140, 2006.]

A. All provisions of this chapter and other applicable city ordinances and agreements are complied with;

B. The proposed development will be in conformance with the standards of the zone in which it will be located;

C. The proposed development will be in conformance with the following standards, as applicable:

D. That no wastes, other than normal water runoff, will be conducted into city storm and wastewater facilities; and

E. The applicant has made any required street and other needed public facility and service improvements in conformance with the standards and improvements set forth in this title and the applicable portions of TMC Title 17, or has provided for a required security arrangement with the city to ensure that such improvements will be made. [Ord. 966 § 2 (Exh. B), 2021.]

A. All provisions of this chapter and other applicable city ordinances and agreements are complied with;

B. The proposed development will be in conformance with the intent and objectives of the zone in which it will be located;

C. All applicable portions of the city comprehensive plan or other adopted plan are complied with;

D. The proposed development will be compatible with or adequately buffered from other existing or contemplated uses of land in the surrounding area;

E. That no wastes, other than normal water runoff, will be conducted into city storm and wastewater facilities;

F. The following are arranged so that traffic congestion is avoided, pedestrian and vehicular safety, solar access, historic sites, and the public welfare and safety are protected, and there will be no adverse effect on surrounding property:

G. The applicant has made any required street and other needed public facility and service improvements in conformance with the standards and improvements set forth in this title and the applicable portions of TMC Title 17, or has provided for required security arrangement with the city to ensure that such improvements will be made. [Ord. 966 § 2 (Exh. B), 2021; Ord. 817 § 8-3L.150, 2006.]

A. Any development subject to the provisions of this chapter shall be carried out in accordance with the approved plans and any conditions imposed by the review authority, and shall be maintained in conformance as a continuous condition of use and occupancy. The written findings of the review authority shall be retained in the city’s planning files.

B. The building official of the city shall not grant a certificate of use and occupancy or release utilities until satisfied that all improvements and conditions imposed by the review authority on the approved plans have been complied with or until an agreement for improvements and a financial security arrangement, as set forth in TMC 17.20.060(A), has been approved by the city council and filed with the city recorder.

C. Any approval or permit granted pursuant to this chapter shall be deemed automatically revoked if substantial construction or development in conformance with the plan has not occurred within one year of the date of approval, unless an extension of up to six months is granted by the review authority, after written application stating the reasons that the extension is requested.

D. Notwithstanding the time limitations of subsection (C) of this section, a cluster housing project without land division may be approved as phased development, but in no case shall the actual time construction period (i.e., for required public improvements, utilities, streets) for any single phase be greater than three years without reapplying for site plan approval. A cluster housing project approved with a land division may apply for phased development consistent with TMC 17.15.010(G).

E. Compliance timelines established in this chapter shall be suspended during a declared state of emergency and will resume only after the emergency expires.

F. Per subsection (E) of this section, temporary emergency accommodations allowed during a declared state of emergency shall be removed, or approved as permitted uses, within six months after the emergency is declared by the mayor of Talent to be over. [Ord. 966 § 2 (Exh. B), 2021; Ord. 817 § 8-3L.170, 2006.]

A. In taking action on a conditional use permit application, the planning commission may either approve or deny the application.

B. If an application is denied, the action must be based on reasons related to noncompliance with the comprehensive plan, incompatibility of the proposed use within the zone or to adjacent land uses, or inappropriate site location or failure to meet all applicable standards listed in this title.

C. In approving a conditional use permit application, the planning commission shall impose any conditions which are necessary to ensure compliance with the standards of the Talent land development ordinance or other appropriate state, county and city standards, rules, regulations and laws and standards established by any other city resolution.

D. The planning commission may require that the applicant for a conditional use furnish the city with a performance bond or similar contractual arrangement of up to the value of the cost of the improvements to be guaranteed by such bond, in order to assure that the conditional use is completed according to the plans as approved by the planning commission. [Ord. 817 § 8-3L.215, 2006.]

A. Application. Application for a conditional use permit shall be made in writing to the planning commission on a form prescribed by the commission. Application must be accompanied by a legal description of the property (a copy of the deed, title papers or recorded survey), a copy of a site development plan, and a filing fee.

B. Site Development Plan. The site development plan shall be drawn to scale and shall include all of the information required in TMC 18.150.040, Site development plan – Required data. [Ord. 817 § 8-3L.240, 2006.]

A. The proposed use is consistent with the city of Talent comprehensive plan.

B. The proposed use is consistent with the purpose of the zoning district.

C. The proposed use and development are found to meet the required findings of TMC 18.150.050, Required findings for approval of plan, set forth for approval of a site development plan review.

D. The proposed use will not adversely affect the livability, value, and appropriate development of abutting properties and the surrounding area, compared to the impact of uses that are permitted outright. Testimony of owners of property located within 250 feet of the boundaries of the property in question shall be considered in making this finding.

E. All required public facilities have adequate capacity to serve the proposal. System development charges will be assessed at the time a building permit is issued. Additional SDCs will be assessed for changes in use that are more intense than a preexisting use.

F. The conditional use must include mitigation for any decrease in level of service exceeding city standard or operational safety of the transportation system if the proposal generates more than 500 daily vehicle trips or an additional 50 peak hour trips, per Chapter 18.185 TMC, Traffic Impact Study.

G. The site size, dimensions, location, topography, and access are adequate considering such items as the bulk, coverage or density of the proposed development; the generation of traffic; environmental quality impacts; and health, safety or general welfare concerns.

H. The city of Talent has adequate firefighting equipment to protect the structure, as verified by the Talent fire chief, or arrangements have been or will be made by the developer to ensure that adequate equipment will be available before the occupancy of the building for any use. [Ord. 911 § 2 (Exh. A), 2016; Ord. 817 § 8-3L.244, 2006.]

A. Daycares and Preschools.

B. Temporary Medical Hardship.

C. Neighborhood Commercial.

D. Buildings over Two and One-Half Stories or 30 Feet in Height, Whichever Is the Lesser. Subject to the provisions of TMC 18.90.050(B).

E. The Having, Keeping or Maintaining of Any Apiary (Beehives) of More than Two Colonies.

F. Standards for High Impact Transportation and Recreation Facilities Such as Community Centers, Fraternal or Lodge Buildings, Sports Complexes, Bowling Alleys, Pool Halls, Stadiums, Equestrian Arenas, Golf Courses, Swimming Pools, Heliports, Helistops, and Bus or Train Terminals.

G. Standards for Automobile Service Stations, Automobile Wrecking Yards and Contractor Offices and Storage Yards.

H. Drive-In, Drive-Up and Drive-Through Facilities.

I. Retail Sales of Medical and Recreational Marijuana.

J. Overnight Recreation Vehicle Parks.

K. Caretaker or Watch Person Dwelling on the Premises of a Nonresidential Use.

L. Wireless Communication Towers.

A. Limiting the hours, days, place and or manner of operation; duration of use;

B. Conditions, requirements, and improvements required by this title;

C. Requiring site or architectural design features which minimize environmental impacts such as noise, vibration, air pollution, water pollution, glare and odor and to minimize effects of and on known natural hazards;

D. Increasing the required setbacks, lot size and/or lot depth or width;

E. Limiting the building height, size, lot coverage or location on the site;

F. Designing the project to complement the visual context. Utilizing techniques such as architectural design, site design, use of native landscaping, and choice of colors and building materials in such a manner that facilities are screened from off-site observers and blend with the natural visual character of the area;

G. Requiring street right-of-way to be dedicated and street(s), sidewalks, curbs, planting strips, pathways, or trails to be improved to city standards;

H. Increasing or reducing the number of required off-street parking and/or loading spaces; designating the size, number, location and nature of vehicle and access points;

I. Requiring installation of needed public facilities and services to serve the use or in such sizes as may be needed to serve other properties in the future; or requiring the establishment of a local improvement district, or other appropriate mechanism to accomplish the same;

J. Requiring berms, screening, landscaping or other measures to protect adjacent or nearby property and designating standards for their installation and maintenance including, but not limited to, a recorded development agreement approved by the city attorney;

K. Requiring landscaping, screening, drainage, water quality facilities, and/or improvements of parking and loading areas;

L. Designating the size, number, location and/or design of vehicle access points or parking areas;

M. Protecting public safety, especially from vandalism and trespass;

N. Timing construction to minimize disturbances;

O. Requiring and designating the size, height, location and/or materials for fences;

P. Limiting or setting standards for the location, design, and/or intensity of outdoor lighting and illuminated signs;

Q. Requiring the protection and preserving existing trees, vegetation, water resources, wildlife habitat, historic resources, or other significant natural or cultural resources;

R. Designating special areas of concern such as the greenway, wetlands, or other significant features on final development plans and on site prior to commencement of excavation, grading, or construction;

S. Requiring special easements, access and restrictive covenants;

T. Any other reasonable conditions, restrictions and safeguards that would uphold the purpose and intent of this title and any adopted city plan and mitigate any adverse effect upon the adjoining properties that may result by reason of the conditional use being allowed. [Ord. 817 § 8-3L.247, 2006.]

A. Approval of the conditional use was obtained by fraud or misrepresentation.

B. The use for which approval was granted has ceased to exist.

C. The use does not meet the conditions specifically established for it at the time of the approval of the application.

D. The use is in violation of any provision of this title or of any other applicable statute, ordinance or regulation. [Ord. 817 § 8-3L.280, 2006.]

A. The planning commission is delegated the authority to approve, approve with conditions, or disapprove any proposed variance from the provisions of this title. Where practical difficulties, unnecessary hardships, and results inconsistent with the general purposes of this title and the Talent comprehensive plan would result from the strict and literal interpretation and enforcement of the provisions of this title, variances may be granted as provided in this chapter.

B. No variances shall be granted to allow the use of property for a purpose not authorized within the zone in which such property is located.

C. In granting a variance, the planning commission may attach conditions that it finds necessary to protect the best interests of the surrounding property or neighborhood and otherwise achieve the purposes of this chapter. [Ord. 817 § 8-3L.410, 2006.]

A. There are exceptional or extraordinary circumstances or conditions applying to the property or intended use that do not apply generally to other properties in the same zone or vicinity and which result from lot sizes or shapes legally existing prior to the adoption of this chapter, topography, or other circumstances over which the applicant has no control;

B. The variance is necessary for the preservation of a property right of the applicant which is substantially the same as is possessed by the owners of other property in the same zone or vicinity;

C. The variance would not be detrimental to the purposes of this chapter, the objectives of any city development plan or policy, the goals, policies or text of the comprehensive plan, or other property in the zone or vicinity in which the property is located; and

D. The variance requested is the minimum variance from the provisions and standards of this chapter, which will alleviate the hardship.

E. The granting of the variance shall be in harmony with the purpose and intent of these regulations and shall not be considered until every feasible option for meeting access standards is explored.

F. Applicants for a variance must include proof that:

A. That the approval was obtained by fraud or misrepresentation.

B. That the variance has not been exercised for one year.

C. That the variance granted is being or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation.

D. That the variance has been so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance. [Ord. 817 § 8-3L.480, 2006.]

A. Purpose and Intent. It is the policy of the city of Talent to provide for the creation of legal accessory dwelling units (ADUs) in a manner that enhances residential neighborhoods and helps residents meet their housing needs and realize the benefits of ADUs. Advantages associated with the creation of legal ADUs include:

A. Authorization for ADUs by Zoning District. ADUs are allowed in all residential zoning districts and may be attached or detached. Attached ADUs are allowed only when applicants provide written evidence from the proper fire and building officials that the proposed ADU conforms to building and fire code regulations.

B. Approval Process. A maximum of two accessory dwellings are allowed per legal single-family dwelling. One unit must be a detached accessory dwelling, or in a portion of a detached accessory building (e.g., above a garage or workshop), and one unit must be attached or interior to the primary dwelling (e.g., an addition or the conversion of an existing floor). ADUs and the primary dwelling associated with the ADU shall not be used for the purpose of a short-term rental (STR) as defined in TMC 18.15.020.

C. Application Information.

D. Systems Development Charges. For the purposes of calculating systems development charges (SDCs), ADUs shall be regarded as apartments and all SDCs shall be assessed accordingly, except the following modifications will be factored into the calculations:

A. Floor Area. Accessory dwelling units shall not exceed 800 square feet of floor area, or 75 percent of the primary dwelling’s floor area, whichever is smaller. However, accessory dwelling units that result from the conversion of a level or floor (e.g., basement, attic, or second story) of the primary dwelling may occupy the entire level or floor area, even if the floor area of the accessory dwelling would be more than 800 square feet.

B. Building Standards.

C. Other Development Standards.

A. Site address, mailing address, assessor’s map number, and tax lot number of the property;

B. A written description of the proposed home occupation in business letter format addressed to the city planner and containing all contact information. If the proposed location of the home occupation is a leased property, a letter and signature from the property manager or owner is required; and

C. A nonrefundable filing fee in an amount, which shall be established, and may be changed, by general resolution or ordinance by the city council. [Ord. 817 § 8-3L.620, 2006.]

A. Type I – Approval by the City Planner. In order to administratively approve a home occupation (Type I), the city planner must find that the application satisfies the following standards for home occupations:

B. Type II – Administrative Review. Home occupations that may have noticeable impacts on the neighborhood, such as an increase in traffic, noise, or odor, will require a petition of signatures of neighboring property owners. If needed, the city planner may schedule a public hearing before the planning commission.

C. Uses that will not be permitted for a home occupation include any form of motor vehicle and/or engine repair. [Ord. 817 § 8-3L.630, 2006.]

A. Assure compatibility with the defining characteristics of the surrounding area or to preserve the integrity of existing neighborhoods or to support a unifying theme for a particular development or area in order to spur economic growth;

B. Provide for careful review of new construction or alteration of existing structures in areas of the city where the existing built environment is expressive of the architectural traditions of Talent and the unique physical features of the area or to provide guidance in areas where there is a lack of any defining physical or aesthetic qualities but in which the city wishes to establish such qualities;

C. To provide property owners, contractors and consultants with technical assistance and design alternatives to ensure that proposed projects conform with the applicable standards;

D. Enhance the social, cultural, economic, environmental and aesthetic development of the community by encouraging both harmonious and innovative design;

E. Promote orderly community growth and protect property values;

F. Recognize that land use regulations aimed at these objectives provide not only for the health, safety and general welfare of the citizens, but also for their comfort and prosperity, and for the beauty and balance of the community.

“Alteration, exterior” means any addition, removal, repair, or physical modification of the exterior of a building, including but not limited to doors, windows, chimneys, and trim, and excluding paint.

“Alteration, interior” means any addition, removal, repair, or physical modification to the interior of a building that does not affect the outward appearance of the building.

“Demolition” means the razing, destruction, or dismantling of a structure, or any portion of a structure, to the degree that its extant character is substantially obliterated.

“Design district” means a designated area for which there are specific design standards. See also definition of “design district, Old Town.”

Design District, Old Town. The “Old Town design district” is the portion of the city comprising the original town plat and the surrounding additions and properties that form the traditional commercial and residential core of the city (see map).

“Design review” means the plan review and recommendation process established in to TMC 18.175.070 through 18.175.100 wherein the architectural review committee considers proposals for all types of construction and development projects, including exterior alterations, additions and new construction within designated design districts, for a Talent landmark, or for any project located within 150 feet of a Talent landmark, for large retail structures, and for projects referred to the committee by the planner or the planning commission. Design review considerations include, but are not limited to, consistency with Chapter 18.140 and 18.145 TMC design standards.

“District, historic” means a geographic area possessing a significant concentration of sites, buildings, structures, and/or objects representing a distinct period of local history and/or a distinct architectural style that has been designated as such following the process set forth in this chapter or that has been listed on the National Register of Historic Places.

“Extraordinary historic significance” means the quality of historic significance achieved outside the usual norms of age, association, or rarity. Generally properties less than 50 years of age must possess extraordinary historic significance to be considered for designation as Talent landmarks.

“Integrity, historic” means the quality of wholeness of location, design, setting, materials, workmanship, feeling, and/or association of a resource, as opposed to its physical condition.

“Landmark” (also “Talent designated landmark”) means a resource identified in the comprehensive plan, or individually identified via the designation process in this chapter, and as such formally recognized by the city of Talent as important to its history, or a historic resource of statewide significance as defined by OAR 660-23-100(1)(e).

“Landmarks register” means the list of, and record of information about, Talent landmarks.

“Multiple property submission” means a nomination to the National Register of Historic Places that may include all or a portion of the Register-eligible historic resources identified in a specific area, city, or section of a city. Inclusion in a multiple property nomination may be based upon an element common to the properties, such as all or a portion of properties representing a particular building type, those attributed to a single architect or builder, or those representing a specific theme or event of history or prehistory.

“National Register of Historic Places” means the official national list of districts, sites, buildings, structures, and objects designated as significant by the Secretary of the Interior. Nominations to the National Register are submitted by the property owner(s) to the Department of the Interior (National Park Service) through the State Historic Preservation Office.

“Oregon Special Tax Assessment Program” means a program established in Oregon statute, ORS 358.475 through 358.545, that allows owners of National Register historic properties, as well as contributing properties within a National Register historic district, to receive a freeze on their assessed property value. This program is separate from the Talent historic preservation program established in this chapter.

“Rehabilitation” means the process of returning a historic property to a state of utility through repair or alteration that makes possible an efficient, contemporary, interior use while preserving those portions and features of the property that are significant to its historic, architectural, and cultural values.

“Relocation” means the removal of a structure from its original or historic site as precursor to its continued utility at another site.

“Resource, historic” means a building, structure, object, site, or district that likely meets the significance and integrity criteria for designation as a landmark. Resource types are further described as:

“Resources, historic, of statewide significance” means buildings, structures, objects, sites, and districts which are listed on the National Register of Historic Places and by definition are considered historic resources of statewide significance under OAR 660-23-200(1)(e). Local governments are required to protect all historic resources of statewide significance through local historic protection regulations, regardless of whether those resources are formally designated in the local plan (OAR 660-23-200(8)).

“Restoration” means the process of returning a property to a condition that duplicates the historic character, appearance, or material composition of the original structure.

“Standards for rehabilitation, Secretary of the Interior’s” means the federal standards developed to guide work undertaken on historic buildings addressing the preferred treatment in restoration or rehabilitation of property to preserve features that are significant to historic, architectural, and cultural values.

“State Historic Preservation Office (SHPO)” means the state agency that carries out the duties of the National Register Program. SHPO staff members provide information and technical support for rehabilitation and restoration projects, National Register applications, and the Oregon Special Tax Assessment Program. SHPO has review authority for proposed alterations to properties that participate in these programs.

“Survey of historic and cultural resources (survey)” means a detailed survey of historic and cultural resources, which are potentially significant in the history of Talent. The inventory is a planning tool, evaluating the significance of resources as “primary,” “secondary” and “contributing.” Inclusion of a resource in the inventory does not constitute formal designation as a Talent landmark, although many resources within the city’s most recent inventory are in fact so designated. It forms the basis of the Old Town design district map. It was prepared in 1995 and is used herein as a resource document.

“Thematic nomination” means a type of multiple property submission (see above) based upon a historic theme. [Ord. 851 § 3; Ord. 817 § 8-3L.715, 2006.]

A. Applicability. Applications for design review shall be submitted prior to any other required applications, including but not limited to zoning permit, site development plan, or conditional use permit review. Design review is required for the following:

B. Exemptions from Review. Review by the architectural review committee is not required under the following circumstances:

C. Application Requirements. An application for design review shall include the following:

D. Procedure. Design review shall be conducted by the architectural review committee according to the following procedures:

E. Recommendation. Design review shall conclude with one of the following:

F. Use of Committee’s Recommendation. Depending on the type (or level) of review, the recommendation will be used as follows:

G. Approval. The project may begin when the applicant has the final approval of the city, including the city planner’s signature on the construction drawing, final plot plan for the project, and, if applicable, when the Oregon Special Tax Assessment Program or other statewide incentive approval has been received from SHPO.

H. Hearings. Nothing in this section shall preclude the planning commission from scheduling a public hearing for a design review if the committee, commission or city planner finds that the proposal warrants wider community involvement. Such hearing shall be conducted as specified in Chapter 18.190 TMC.

I. Appeal. The decision of the planning commission may be appealed as specified in Chapter 18.190 TMC.

J. No Permits Without Review. Building permits may not be issued for any type of construction subject to this chapter without a design review consultation with the architectural review committee and approval by the city planner or planning commission, as described above.

K. Special Assessment or Other Statewide Benefits. If the property has qualified or is proposed to be qualified for the Oregon Special Tax Assessment Program, or any other incentive program available through the state of Oregon, a separate application must be filed for review by the property owner with the State Historic Preservation Office (SHPO). [Ord. 851 § 3; Ord. 817 § 8-3L.730, 2006.]

A. No exterior, interior, landscape, or archaeological element of a Talent landmark or resource of statewide significance, which is specified as significant in its designation, shall be altered, removed, or demolished without a permit issued pursuant to this chapter.

B. No major exterior alteration, relocation, or demolition of a landmark or resource of statewide significance shall be allowed without a permit issued pursuant to this chapter.

C. Prior to submitting an application for a permit pursuant to this section, proponents are required to request a pre-application conference with the architectural review committee to review concepts and proposals. The city planner may form ad hoc committees for this purpose. Committee members participating in pre-application conferences shall disclose their ex parte contact at the time of a public hearing on the proposal.

D. The city planner shall establish standards for a complete application. Upon acceptance of a complete application the city planner shall schedule a public hearing pursuant to applicable state laws.

E. In cases requiring a public hearing, the commission shall review and act upon all applications. The burden of proof lies with the applicant. Applications may be approved, approved with conditions, or denied. The city of Talent shall include any conditions imposed by the commission for permits issued pursuant to this section.

F. In order to approve an application for the alteration of a landmark or resource of statewide significance, the commission must find that the proposal meets the Secretary of the Interior’s Standards for Rehabilitation.

G. In order to approve an application for the relocation or demolition of a landmark or resource of statewide significance, the commission, in consultation with the architectural review committee, must find the exemption based on one of the following:

H. At the hearing of an application to relocate or demolish a landmark or resource of statewide significance the commission may, in the interest of exploring reasonable alternatives, delay issuance of a permit for up to 120 days from the date of the hearing. If, 10 days prior to the expiration of the delay period, the commission finds that there are still reasonable alternatives to explore, it may apply to the city council for permission to continue the delay for an additional period of up to 120 days.

I. In approving an application for the demolition of a landmark or resource of statewide significance, the commission may impose the following conditions:

J. No provision of this chapter shall be construed to prevent the ordinary repair or maintenance of a landmark or resource of statewide significance, when such action does not involve a change in design, materials, or appearance.

K. No provision in this chapter shall be construed to prevent the alteration, demolition, or relocation of a landmark or resource of statewide significance, when the building official certifies that such action is required for the immediate and urgent safety of the public. [Ord. 851 § 3; Ord. 817 § 8-3L.732, 2006.]

A. Alteration or Relocation. Remodels, alterations and relocations of buildings and structures in the Old Town design district are subject to the standards in TMC 18.140.020.

B. New Construction.

A. The commission, in consultation with the architectural review committee, may develop and publish, or adopt, written and graphic guidelines and example materials to clarify the criteria in this chapter and to assist applicants in developing complete and viable applications.

B. Employing the procedures and criteria in TMC 18.175.040, in consultation with the architectural review committee, the commission shall periodically identify and evaluate the historic resources of Talent to update and maintain the survey of historic and cultural resources. At such time as surveys are being conducted, owners of the subject properties shall be notified and invited to provide comment and input.

C. Employing the procedures and criteria in this chapter, in consultation with the architectural review committee, the commission shall, as necessary, maintain and revise the landmarks register, by adding or deleting properties.

D. Employing the procedures and criteria in this chapter, in consultation with the architectural review committee, the commission shall review and act upon applications for the alteration, relocation, or demolition of Talent landmarks, and/or the exterior alteration, relocation, or demolition of historic resources of statewide significance.

E. Employing the procedures and criteria in this chapter, in consultation with the architectural review committee, the commission shall review and act upon applications for alteration, relocation, or new construction in the Old Town. [Ord. 851 § 3; Ord. 817 § 8-3L.740, 2006.]

A. The planning commission, in consultation with the architectural review committee, shall determine and periodically revise priorities for the identification and evaluation of historic resources.

B. Unless the planning commission finds extraordinary historic importance, only properties over 50 years of age shall be considered for inclusion in the survey of historic and cultural resources.

C. The planning commission, in consultation with the architectural review committee and city planner, shall develop or adopt a system, based on historic integrity and significance, for evaluating historic resources. The system shall rank surveyed historic resources as eligible, potentially eligible, or ineligible for listing on the Talent landmarks register. Owners of surveyed properties will be provided written notice of these findings.

D. Documentation of properties in the survey shall be recorded on forms compatible with the statewide inventory of historic properties maintained by the State Historic Preservation Office, and, upon completion, copies of any new inventory forms shall be supplied to the State Historic Preservation Office.

E. Records concerning archaeological sites shall not be made available to the public. [Ord. 851 § 3; Ord. 817 § 8-3L.742, 2006.]

A. Properties listed on the National Register of Historic Places, including all properties within any National Register historic district boundaries, are eligible for automatic listing on the Talent landmarks register provided the owner of such a property requests such listing. As resources of statewide significance, all such properties are subject to the regulations in this chapter, pursuant to OAR 660-023-200 whether included in the landmarks register or not. However, only properties listed on the landmarks register shall be eligible for public incentives and code considerations pursuant to this chapter.

B. Any individual or group, including the commission acting on its own initiative, or upon the advice and recommendation of the architectural review committee, may nominate a historic resource for inclusion on or removal from the landmarks register by submitting a complete application to the city planner. The burden of proof lies with the applicant. No property shall be so designated without the written consent of the owner or, in the case of multiple owners, a majority of the owners.

C. The city planner shall establish standards for a complete application. Upon acceptance of a complete application the city planner shall schedule a public hearing pursuant to applicable local and state laws.

D. In order to be included on the landmarks register the commission must find that the historic resource has been listed on the National Register of Historic Places or is over 50 years of age, possesses sufficient historic integrity, and meets at least one of the following standards:

E. Resources of less than 50 years of age must be of extraordinary historic significance, retain sufficient integrity, and successfully meet one of the criteria in subsections (D)(1) through (D)(4) of this section.

F. The commission shall develop findings to support its decisions. These findings shall indicate those elements of a property, including interior, landscape, and archaeological features, that are included in the designation and subject to regulation under the provisions of this chapter. [Ord. 851 § 3; Ord. 817 § 8-3L.744, 2006.]

A. Decisions of the planning commission are appealable to the hearings officer. Decisions of the hearings officer are appealable to the Land Use Board of Appeals.

B. Procedures for appeals to the hearings officer shall be the same as those for appeals of planning commission decisions (Chapter 18.190 TMC). [Ord. 851 § 3; Ord. 817 § 8-3L.770, 2006.]

A. If the city planner, building official, or designated code enforcement officer of the Talent police department finds that any of the provisions of this chapter are not being complied with, the following corrective actions may be taken:

A. Name of person who prepared the plan.

B. Name(s) and address(es) of person(s) owning and/or controlling the land proposed for a MH park.

C. Name of MH park and address.

D. Date, scale and north point of the plan.

E. Boundaries and dimensions of the MH park.

F. Vicinity map showing relationship of MH park to adjacent properties and surrounding zoning.

G. Location and dimensions of each MH site, with each site designated by number, letter or name.

H. Location and dimensions of each existing and proposed building.

I. Location and width of MH park streets, bicycle ways and pedestrian ways.

J. Location of each lighting fixture for lighting the park.

K. Location of recreational areas and buildings and common areas.

L. Location and type of trees, landscaping, fences, walls or combination of any of these, or other methods of screening or buffering proposed.

M. Extent, location, arrangement and proposed improvements of all off-street parking and loading facilities.

N. Location of existing and proposed fire hydrants.

O. A drainage plan.

P. Topography of the park site with contour intervals of not more than five feet.

Q. The plan shall indicate positions of the MHs on the MH sites, so that the commission may determine adequacy of entrances, setbacks, solar orientation and access, etc.

R. Enlarged plot plan of a typical MH space, showing location of the stand, storage space, parking, sidewalk, utility connections and landscaping.

S. Natural features, including all trees with a circumference of 14 inches or greater, measured at a point three feet above grade at the base of the tree.

T. Location and types of natural hazards occurring on the site, including, but not limited to, floodplains and floodways; soils and areas with erosion, shrink-swell, high runoff, mass movement and high ground water characteristics; with a description of how any hazards will be mitigated.

U. Location, mature heights, crown diameters, growth rates, shadow patterns between the hours beginning at 9:00 a.m. and ending at 3:00 p.m. Pacific Standard Time on November 21st, and maintenance facilities of and for existing and proposed street and shade trees.

V. Any other data as may be required to permit review of the application. [Ord. 966 § 2 (Exh. B), 2021; Ord. 817 § 8-3L.820, 2006.]

A. MH parks shall be reviewed subject to a Type II minor site plan review process in Chapter 18.150 TMC and the provisions of TMC 18.190.040. [Ord. 966 § 2 (Exh. B), 2021; Ord. 817 § 8-3L.830, 2006.]

A. A site and development plan has been approved.

B. Detailed plans for the construction of roadways, pedestrian walkways, bicycle paths, parking areas, MH stands, sewer and water facilities, and drainage systems have been approved by the city engineer as being in compliance with the standards of this section, the approved plans, and other applicable chapters of this title. The applicant shall be liable to the city for the expense of plan review and inspection of improvements by the city engineer.

C. A detailed tree planting landscaping and buffering plan is submitted, showing information about landscape and fencing or wall materials to be used, spacing, size and botanical names of plants, and maintenance systems for landscaped areas.

D. If final approval is not granted within one year of site and development plan approval or conditional approval, the site and development plan must be resubmitted.

E. Final approval granted pursuant to this section shall expire in one year from the date of such approval unless the plan is substantially implemented.

F. Any final approval of MH park plans granted prior to the effective date of this title shall expire in one year from the effective date of this title unless substantially implemented. [Ord. 966 § 2 (Exh. B), 2021; Ord. 817 § 8-3L.840, 2006.]

A. Certificate of Sanitation. A MH park shall have a certificate of sanitation issued by the State Department of Commerce and must comply with all state requirements for MH parks.

B. Area. A MH park shall not be less than one acre.

C. Permitted Uses in a MH Park. Uses permitted outright and uses permitted subject to site development plan review and conditional use processes in a MH park are listed in TMC 18.35.020, 18.35.030, 18.35.040 and 18.35.050.

D. MH Park Access.

E. Density of MHs. No more than 18 MH units shall be located per net acre (net acreage includes MH spaces and common open space and recreational uses, but does not include roads, parking areas or commercial uses).

F. Parking. One off-street parking space shall be provided at each MH site. Additional parking space shall be provided in parking lots distributed around the park to accommodate at least one space per eight MHs, but not more than one additional space per MH. In addition, sufficient off-street parking shall be provided for MH park employees. Parking facilities shall conform to the requirements of Chapter 18.110 TMC.

G. Streets and Accessways.

H. Pedestrian Ways. Pedestrian walkways shall be separated from vehicular ways and shall be developed and maintained to provide safe and convenient movement to all parts of the park walkways leading to destinations outside the park. Pedestrian walkways shall be surfaced with concrete at least three inches thick, to a width of at least three feet.

I. Bicycle Ways. Bicycle paths shall be provided, where determined appropriate by the planning commission for the public convenience, to provide safe and convenient movement to locations in the park and to connect to bicycle routes or streets which can be utilized safely by bicyclists outside of the park. Bicycle ways shall be improved to standards approved by the city.

J. MH Park Perimeter Setbacks. All MHs, MH park buildings, and required parking areas shall be located at least 25 feet from the property line abutting upon a public street or highway and at least 15 feet from other MH park boundary lines.

K. Utilities.

L. Drainage. The MH park shall be well-drained and provisions for drainage shall be made according to plans approved by the city engineer. The condition of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants.

M. Recreation Area. In a MH park, not less than six percent of the net park area shall be developed for recreation use. The recreation area may be in one or more locations, none of which shall be less than 2,500 square feet in area or less than 25 feet in width, with the exception of bicycle paths which may be counted toward the recreation area requirement. Recreation areas shall be developed and maintained as usable open space, playgrounds, playfields, swimming pools, bicycle paths, community gardens and/or joint-use recreation buildings, or other approved recreation uses for the common use of MH park residents. Required parking areas and pedestrian walkways may not be counted as part of the recreation area requirement.

N. Storage of Unoccupied MHs, Recreation Vehicles and Boats. Unoccupied MHs, recreation vehicles and boats may be stored only in areas designated and suitable for such purposes. They shall not be stored in accessways, required parking spaces, or areas designated for another purpose.

O. Orientation of MH Pads and Spaces. MH pads and spaces shall be oriented to provide as many mobiles a major south wall of uninterrupted solar access as possible.

P. MH Location and Setbacks. Occupied MHs shall be parked only on MH stands, shall be set back at least 10 feet from any park roadways, at least 15 feet from any other MH or park building, at least 10 feet from any separate accessory structure, and at least 25 feet from any public street. No MH space within a MH park shall be located in such a manner that a public street must be used to place a MH in the space.

Q. Buffering. Buffering beyond the perimeter requirements set forth in this section shall be required when necessary to conform to the buffering standard set forth in TMC 18.105.050.

R. Improvements Required for Each MH Space or Site. Each MH space or site shall have the following improvements:

S. MHs Permitted. Only MHs meeting the following requirements will be permitted as an outright use:

T. MH Placement and Exterior Finishing.

U. Accessory Buildings and Structures.

V. Fences, Walls, Hedges and Screen Plantings and Signs. All fences, walls, hedges and screen plantings shall conform to the requirements of Chapter 18.105 TMC, except as may be permitted in subsection (W) of this section, and be properly maintained. Signs shall be permitted and in conformance with Chapter 18.120 TMC.

W. Landscaping and Screening.

X. Licensing of MH Parks.

Y. Upgrading of Preexisting MH Parks for Fire Protection. Within three years of the date of enactment of the ordinance codified in this title, every preexisting MH park shall either install fire hydrants or provide adequate access to fire hydrants, so that every MH is located within 250 feet of an accessible fire hydrant. Conformance with this requirement will be determined by the Talent fire chief. Any MH park that does not meet this requirement will be ineligible for renewal of the MH park license.

Z. Building Permits. No building permit shall be issued for the development of a new MH park until the development plans have received final approval by the planning commission.

AA. MH Set-Up Permits. No MH shall be moved onto a MH space or lot until a MH set-up permit has been issued. [Ord. 966 § 2 (Exh. B), 2021; Ord. 918 § 3 (Exh. A), 2016; Ord. 817 § 8-3L.850, 2006.]

A. Space Utilization. Building separation in a MH park for each MH and its accessory structures shall be in accordance with the following:

B. Exceptions.

A. A transportation impact study (TIS) shall be required if any of the following actions exist:

A. The TIS shall be prepared by a certified professional transportation engineer acceptable to the city. The engineer must be currently licensed and otherwise qualified to perform the work under applicable professional and community standards and must have no financial interest in the project whatsoever and no past or current pecuniary association of any kind with the developer other than occasional work as an independent contractor performing traffic impact studies. The TIS shall determine the impact of the proposed development on existing and proposed transportation facilities and assess the applicant’s plans to mitigate such impacts.

B. Contents. The TIS will include the following:

C. The community development director or his/her designee may waive or reduce the scope of the TIS if the impacts from the development area are reasonably known and do not provide reasonable justification for the estimated cost of the analysis and report preparation. In waiving or limiting the scope of a transportation impact analysis that would otherwise be required by subsection (B) of this section, the community development director or his/her designee shall make a written determination that potentially affected intersections will not fall below the performance standards in the Talent TSP or the intersections have been adequately analyzed already in research and reports available to the city. The community development director or his/her designee shall coordinate with ODOT and/or Jackson County as appropriate prior to waiving or reducing the scope of a transportation impact analysis for any development impacting a state or county maintained roadway. [Ord. 817 § 8-3L.930, 2006.]

A. All traffic analysis shall be prepared using analysis software programs following the most recent Highway Capacity Manual procedures.

B. Existing Condition. The following data shall be collected and reported:

C. Background Condition. Analysis must include:

D. Total Condition. Analysis must include:

A. The community development director’s or his/her designee’s assessment of the TIS will be used as the basis for requiring mitigation and imposing conditions of approval.

A. Mitigation shall ensure that the transportation facilities are providing adequate capacity and safety concurrent with the land use action or development of the property.

B. The city may deny, approve, or approve a land use action or development proposal with appropriate conditions.

C. The TIS shall identify methods of mitigating on-site and off-site deficiencies for present and proposed phases of the land use action or development.

D. Build-out year, long-range forecast year, and project phasing impacts shall be considered.

E. Mitigation measures may also include, but are not limited to:

F. The TIS shall demonstrate how the recommended mitigations are roughly proportional to the identified impacts. [Ord. 911 § 1, 2016; Ord. 817 § 8-3L.960, 2006.]