Talent City Zoning Code

Division XI

Administration

18.190 Procedures for Review of Applications and Appeals

This chapter specifies the procedures for accepting, reviewing, approving, denying, or approving with conditions any request for a land use permit, and the procedures for appealing such decisions. This chapter is organized by grouping specific applications under review types, which determine the level of administrative and quasi-judicial review by the city of Talent. Unless otherwise noted, the number of days always refers to calendar days.

18.195 Nonconforming Uses, Lots and Structures

A lawful use of a structure, or of structure and premises in combination, existing at the effective date of adoption or amendment of this title, and which does not conform to the use regulations for the zone in which it is located, shall be deemed to be a nonconforming use and may be continued only in compliance with the following regulations:

A. Completion of Structure. Nothing in this title shall be deemed to require a change in the plans, construction, or designated use of any building for which a building permit was issued prior to the effective date of this title and upon which construction has commenced, provided the building, if nonconforming or intended for a nonconforming use, is completed and in use within one year of the date of issuance of the building permit.

18.200 Annexation

A. When an annexation is initiated by a private individual, the planning director may include other parcels of property in the proposed annexation to make a boundary extension more logical and to avoid parcels of land which are not incorporated but are partially or wholly surrounded by the city of Talent.

B. The director, in a report to the commission and council, shall justify the inclusion of any parcels other than the parcel for which the petition is filed.

18.210 Vacation

[Reserved]

18.215 UGB Amendment and Master-Planned Development

These regulations apply to any URA, and only in its entirety. Thereafter, this chapter and its regulations pertain to those same areas, and partitions thereof, through all subsequent steps, including annexation and development. There are also provisions that allow application of these regulations to other sites already in the UGB.

18.190.010 Purpose.

18.190.020 Description of permit procedure.

There are four types of permit/decision-making procedures: Types I, II, III, and IV. These procedures are described in the following subsections. In addition, Table 18.190.020 lists all of the city’s land use and development applications and their required permit procedure(s).

A. Type I Procedure (Ministerial). Type I decisions are made by the city planner, or someone he or she officially designates, without public notice and without a public hearing. The Type I procedure is used when there are clear and objective approval criteria, and applying city standards and criteria requires no use of discretion;

B. Type II Procedure (Administrative). Type II decisions are made by the city planner with public notice and an opportunity for a public hearing. The planning commission hears the appeal of a Type II decision;

C. Type III Procedure (Quasi-Judicial). Type III decisions are made by the planning commission after a public hearing, with appeals reviewed by the city council. Type III decisions generally use discretionary approval criteria; and

D. Type IV Procedure (Legislative). Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy (e.g., adoption of land use regulations, zone changes, and comprehensive plan amendments which apply to entire districts). Type IV matters are considered initially by the planning commission with final decisions made by the city council.

Access Permit (Public Street)	Type I	Chapter 18.115 TMC	Access and Circulation
Accessory Dwelling Unit	Type I	Chapter 18.165 TMC	ADU
Annexation	Type IV	Chapter 18.200 TMC and city/county IGA
Comprehensive Plan Amendment	Type IV	Chapter 18.190 TMC, comprehensive plan
Conditional Use Permit	Type III	Chapter 18.155 TMC	Conditional Uses
Design Review	Type II, III	Chapter 18.175 TMC	Historic Preservation
Home Occupation	Type I	Chapter 18.170 TMC	Home Occupation
Lot Line Adjustment	Type I	TMC 17.25.010
Minor Land Partition	Type II	TMC Title 17	Subdivision Code
Nonconforming Use	Type I	Chapter 18.195 TMC	Nonconforming Lots, Uses and Structures
Planning Inquiry	Type I
Public Tree Removal	Type I	Chapter 18.100 TMC	Trees and Landscaping
Rezoning	Type IV	Chapter 18.190 TMC	Procedures
Sign Permit	Type I, III	Chapter 18.120 TMC	Signs
Site Development Plan Review (Minor and Major)	Type II, III	Chapter 18.150 TMC	Site Development Plan Review
Subdivision	Type II	TMC Title 17	Subdivision Code
Temporary Use Permit	Type II, III	various
Use Interpretation	Type I, II	TMC 18.20.020(A)(2)
Variance	Type III, IV	Chapter 18.160 TMC
Zoning Clearance or Permit	Type I	TMC 18.190.030
Zoning Code Amendment	Type IV	TMC 18.190.060	Procedures

* Note: The code provisions referenced above in the third column describe the types of land uses and development activity that require permits under each type of decision-making procedure.

[Ord. 966 § 2 (Exh. B), 2021; Ord. 817 § 8-3M.120, 2006.]

18.190.030 Type I procedure (ministerial).

1. Application Forms. Type I applications shall be made on forms provided by city staff.

2. Application Requirements. Type I applications shall include:

a. The information requested on the application form;

b. Address the criteria in sufficient detail for review and action; and

c. Be filed with the required fee.

B. Administrative Decision Requirements. The city planner’s decision shall address all of the approval criteria. Based on the criteria and the facts contained within the record, the city planner shall approve, approve with conditions, or deny the requested permit or action. A written record of the decision shall be provided to the applicant and kept on file at City Hall.

C. Final Decision. The decision shall be final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The decision is the final decision of the city. It cannot be appealed to city officials.

D. Effective Date. The decision is effective the day after it is final.

E. Type I Permits and Procedures. Ministerial decisions are based upon clear compliance with specific standards. Such decisions include, but are not limited to, sign permit approval, lot line adjustments, and zone clearances on submitted site plans for development not subject to site development plan review. Approval or denial shall be by letter or by staff signature on forms provided by the city for the specific action. In addition to those listed in Table 18.190.020, the following shall apply to a Type I procedure:

1. Zoning Clearance/Permit and Planning Inquiry. Some planning requests are simply requests for information regarding a specific property that require staff time in excess of that necessary to answer land use questions on the phone or over the counter. These activities are not land use decisions requiring notice or an opportunity to appeal.

a. A zoning clearance/permit is a written statement of facts regarding the application of this title or other land use ordinance(s) to a specific parcel or tract of land. Answering zoning clearance questions is a basic service of the community development department. The city shall charge a fee reasonably related to the amount of time needed to state staff findings in writing and maintain those findings in the property address file. For example, an applicant who wishes to build an addition or open a new business would need a zoning clearance.

b. A planning inquiry is a request for a written statement of information about a specific parcel or tract of land. Such information may be in response to a specific question, or may be in response to a general question about the history or characteristics of the site. The city shall charge a fee reasonably related to the cost of staff time to research the question at hand and to make a written statement of findings that will be maintained in the property address file. [Ord. 966 § 2 (Exh. B), 2021; Ord. 817 § 8-3M.130, 2006.]

18.190.040 Type II procedure (administrative).

A. Preapplication Conference. A preapplication conference is required for Type II applications. Preapplication conference requirements and procedures are in TMC 18.190.080(C).

1. Application Forms. Type II applications shall be made on forms provided by the city planner;

2. Submittal Information. The application shall include:

a. The information requested on the application form;

b. Be filed with three copies of a narrative statement that explains how the application satisfies each and all of the relevant criteria and standards in sufficient detail for review and decision-making;

c. Be accompanied by the required fee.

1. Before making a Type II administrative decision, the city planner shall mail notice to:

a. All owners of record of real property within 250 feet of the subject site;

b. All city recognized neighborhood groups or associations whose boundaries include the site;

c. Any person who submits a written request to receive a notice; and

d. Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the city. The city may notify other affected agencies, as appropriate, for review of the application. The purpose of the notice is to give nearby property owners and other interested people the opportunity to submit written comments about the application, before the Type II decision is made. The goal of this notice is to invite people to participate early in the decision-making process; and

2. Notice of a pending Type II administrative decision shall:

a. Provide a 14-day period for submitting written comments before a decision is made on the permit;

b. List the relevant approval criteria by name and number of code sections;

c. State the place, date, and time the comments are due, and the person to whom the comments should be addressed;

d. Include the name and telephone number of a contact person regarding the administrative decision;

e. Identify the specific permits or approvals requested;

f. Describe the street address or other easily understandable reference to the location of the site;

g. State that if any person fails to address the relevant approval criteria with enough detail, they may not be able to appeal to the Land Use Board of Appeals or circuit court on that issue. Only comments on the relevant approval criteria are considered relevant evidence;

h. State that all evidence relied upon by the city planner to make this decision is in the public record, available for public review. Copies of this evidence can be obtained at a reasonable cost from the city;

i. State that after the comment period closes, the city planner shall issue a Type II administrative decision. The decision shall be mailed to the applicant and to anyone else who submitted written comments or who is otherwise legally entitled to notice;

j. Contain the following notice: “Notice to mortgagee, lienholder, vendor, or seller: the city of Talent Zoning Code requires that if you receive this notice it shall be promptly forwarded to the purchaser.”

D. Administrative Decision Requirements. The city planner shall make Type II written decisions addressing all of the relevant approval criteria and standards. Based upon the criteria and standards, and the facts contained within the record, the city planner shall approve, approve with conditions, or deny the requested permit or action.

1. Within five working days after the city planner signs the decision, notice shall be sent by mail to:

a. Any person who submits a written request to receive notice, or provides comments during the application review period;

b. The applicant and all owners or contract purchasers of record of the site which is the subject of the application;

c. Any governmental agency, which is entitled to notice under an intergovernmental agreement entered into with the city, and other agencies, which were notified or provided comments during the application review period.

2. The city planner shall cause an affidavit of mailing and posting of the notice to be prepared and made a part of the file. The affidavit shall show the date the notice was mailed and posted, and shall demonstrate that the notice was mailed to the people and within the time required by law.

3. The Type II notice of decision shall contain:

a. A description of the applicant’s proposal and the city’s decision on the proposal (i.e., may be a summary);

b. The address or other geographic description of the property proposed for development, including a map of the property in relation to the surrounding area, where applicable;

c. A statement of where the city’s decision can be obtained;

d. The date the decision shall become final, unless appealed;

e. A statement that all persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision may appeal the decision;

f. A statement briefly explaining how an appeal can be filed, the deadline for filing an appeal, and where further information can be obtained concerning the appeal process; and

g. A statement that either the appellant (the person who files the appeal) is the applicant, someone who has standing to appeal, or is a person adversely affected or aggrieved. Additional evidence related to the planning action and the conditions of approval listed in the notice of appeal (see subsection (E)(5) of this section) may be submitted by any person with standing to appeal during the appeal hearing, subject to any rules of procedure adopted by the planning commission.

4. Final Decision and Effective Date. A Type II administrative decision is final for purposes of appeal, when it is mailed by the city. A Type II administrative decision is effective on the day after the appeal period expires. If an appeal is filed, the decision is effective when the appeal is decided.

5. Appeal. A Type II administrative decision may be appealed to the planning commission as follows:

a. Who May Appeal. The following people have legal standing to appeal a Type II administrative decision:

i. The applicant;

ii. Any person who was mailed written notice of the Type II administrative decision;

iii. Any other person who participated in the proceeding by submitting written comments;

iv. Any person who is adversely affected or aggrieved.

b. Notice of Appeal. Any person with standing to appeal, as provided in subsection (E)(5)(a) of this section, may appeal a Type II administrative decision by filing a notice of appeal according to the following procedures:

i. Time for Filing. A notice of appeal shall be filed with the city planner within 14 days of the date the notice of decision was mailed;

ii. Content of Notice of Appeal. The notice of appeal shall contain:

(A) An identification of the decision being appealed, including the date of the decision;

(B) A statement demonstrating the person filing the notice of appeal has standing to appeal;

(D) Filing Fee. The amount of the filing fee shall be established by the city. The maximum fee for an initial hearing shall be the city’s cost for preparing and for conducting the hearing, or the statutory maximum, whichever is less.

c. Scope of Appeal. The appeal of a Type II administrative decision by a person with standing shall be any issue raised during the written comment period, and any other evidence submitted to the hearings body that allows additional evidence or testimony concerning any other relevant issue during a de novo hearing. The appeal shall be a de novo hearing and shall be the initial evidentiary hearing required under ORS 197.763 as the basis for an appeal to the land use board of appeals.

d. Appeal Procedures. Type II notice and hearing procedures shall be used for all Type II administrative appeals, as provided in this subsection (E).

i. Appeal to Hearings Officer. The decision of the planning commission regarding an appeal of a Type II administrative decision is the final decision of the city unless appealed to a hearings officer. An appeal to a hearings officer, appointed by the city council, shall follow the same notification and hearing procedures as for the planning commission appeal. The appeal shall be limited to the issues raised during the initial notice and the first evidentiary hearing before the planning commission. [Ord. 966 § 2 (Exh. B), 2021; Ord. 817 § 8-3M.140, 2006.]

18.190.050 Type III procedure (quasi-judicial).

A. Preapplication Conference. A preapplication conference is required for Type III applications. Preapplication conference requirements and procedures appear in TMC 18.190.080(C). In addition, the applicant may be required to present his or her development proposal to a city-recognized neighborhood association or group before the city accepts the application as complete.

1. Application Forms. Type III applications shall be made on forms provided by the city planner;

2. Submittal Information. The application shall include:

a. The information requested on the application form;

c. Be accompanied by the required fee;

d. Include one set of pre-stamped and preaddressed envelopes for all real property owners of record who will receive a notice of the application. The records of the Jackson County department of assessment and taxation are the official records for determining ownership. The applicant shall demonstrate that the most current assessment records have been used to produce the notice list (alternatively, the applicant may pay a fee for the city to prepare the public notice mailing);

e. Include all relevant data and narrative materials to support the land division and/or site plan review application. Data may include an impact study to quantify or assess the effect of the development on public facilities and services. A traffic impact study shall be required if the proposal exceeds the thresholds of Chapter 18.185 TMC, Traffic Impact Study. The study should be consistent with the provisions of Chapter 18.185 TMC. In situations where TMC Title 17 and/or this title requires the dedication of real property to the city, the applicant shall either specifically agree to the dedication requirement, or provide evidence that clearly demonstrates that the real property dedication requirement is not roughly proportional to the projected impacts of the development.

1. Mailed Notice. Notice of a Type III application hearing or Type II appeal hearing (TMC 18.190.040(E)) shall be given by the city planner in the following manner:

a. At least 20 calendar days before the hearing date, notice shall be mailed to:

i. The applicant and all owners or contract purchasers of record of the property which is the subject of the application;

ii. All property owners of record within 250 feet of the site;

iii. Any governmental agency which has entered into an intergovernmental agreement with the city and includes provision for such notice, or who is otherwise entitled to such notice;

iv. Any neighborhood or community organization recognized by the city council and whose boundaries include the property proposed for development;

v. Any person who submits a written request to receive notice;

vi. For appeals, the appellant, all persons who provided written and oral testimony, and any person adversely affected or aggrieved; and

vii. For a land use district change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175;

b. The city planner shall have an affidavit of notice be prepared and made a part of the file. The affidavit shall state the date that the notice was posted on the property and mailed to the persons who must receive notice;

c. At least 10 days and not more than 14 calendar days before the hearing, notice of the hearing shall be printed in a newspaper of general circulation in the city. The newspaper’s affidavit of publication of the notice shall be made part of the administrative record;

d. At least 10 days and not more than 14 calendar days before the hearing, the applicant shall post notice of the hearing on the property per subsection (C)(2) of this section. The applicant shall prepare and submit an affidavit of posting of the notice, which shall be made part of the administrative record.

2. Content of Notice. Notice of appeal of a Type II administrative decision or a Type III hearing to be mailed, posted, and published per subsection (C)(1) of this section shall contain the following information:

a. The nature of the application and the proposed land use or uses, which could be authorized for the property;

b. The applicable criteria and standards from the development code(s) that apply to the application;

c. The street address or other easily understood geographical reference to the subject property;

d. The date, time, and location of the public hearing;

e. A statement that the failure to raise an issue in person or by letter at the hearing, or failure to provide statements or evidence sufficient to afford the decision-maker an opportunity to respond to the issue, means that an appeal based on that issue cannot be filed with the State Land Use Board of Appeals;

f. The name of a city representative to contact and the telephone number where additional information on the application may be obtained;

g. A statement that a copy of the application, all documents and evidence submitted by or for the applicant, and the applicable criteria and standards can be reviewed at City Hall at no cost and that copies shall be provided at a reasonable cost;

h. A statement that a copy of the city’s staff report and recommendation to the hearings body shall be available for review at no cost at least seven days before the hearing, and that a copy shall be provided on request at a reasonable cost;

i. A general explanation of the requirements to submit testimony, and the procedure for conducting public hearings; and

j. The following notice: “Notice to mortgagee, lienholder, vendor, or seller: The city of Talent Zoning Code requires that if you receive this notice it shall be promptly forwarded to the purchaser.”

1. At the commencement of the hearing, the hearings body shall declare to those in attendance that:

a. The applicable approval criteria and standards that apply to the application or appeal;

b. A statement that testimony and evidence shall concern the approval criteria described in the staff report, or other criteria in the comprehensive plan or land use regulations which the person testifying believes to apply to the decision;

c. A statement that failure to raise an issue with sufficient detail to give the hearings body and the parties an opportunity to respond to the issue means that no appeal may be made to the State Land Use Board of Appeals on that issue;

d. Before the conclusion of the initial evidentiary hearing, any participant may ask the hearings body for an opportunity to present additional relevant evidence or testimony that is within the scope of the hearing. The hearings body may grant the request by scheduling a date to finish the hearing (a “continuance”) per subsection (D)(2) of this section, or by leaving the record open for additional written evidence or testimony per subsection (D)(3) of this section.

2. If the hearings body grants a continuance, the completion of the hearing shall be continued to a date, time, and place at least seven days after the date of the first evidentiary hearing. An opportunity shall be provided at the second hearing for persons to present and respond to new written evidence and oral testimony. If new written evidence is submitted at the second hearing, any person may request, before the conclusion of the second hearing, that the record be left open for at least seven days, so that they can submit additional written evidence or testimony in response to the new written evidence.

3. If the hearings body leaves the record open for additional written evidence or testimony, the record shall be left open for at least seven days after the hearing. Any participant may ask the city in writing for an opportunity to respond to new evidence submitted during the period the record was left open. If such a request is filed, the planning commission shall reopen the record per subsection (F) of this section.

a. When the planning commission reopens the record to admit new evidence or testimony, any person may raise new issues which relate to that new evidence or testimony;

b. An extension of the hearing or record granted pursuant to this section is subject to the limitations of ORS 227.178 (“120-day rule”), unless the continuance or extension is requested or agreed to by the applicant;

c. If requested by the applicant, the city shall allow the applicant at least seven days after the record is closed to all other persons to submit final written arguments in support of the application, unless the applicant expressly waives this right. The applicant’s final submittal shall be part of the record but shall not include any new evidence.

a. The record shall contain all testimony and evidence that are submitted to the city and the hearings body and not rejected;

b. The hearings body may take official notice of judicially recognizable facts under the applicable law. If the review authority takes official notice, it must announce its intention and allow persons participating in the hearing to present evidence concerning the noticed facts; and

c. The review authority shall retain custody of the record until the city issues a final decision.

5. Participants in the appeal of a Type II administrative decision or a Type III hearing are entitled to an impartial review authority as free from potential conflicts of interest and prehearing ex parte contacts (see subsection (D)(6) of this section) as reasonably possible. However, the public has a countervailing right to hear and present arguments at a public hearing. Therefore:

a. At the beginning of the public hearing, hearings body members shall disclose the substance of any prehearing ex parte contacts (as defined in subsection (D)(6) of this section) concerning the application or appeal. He or she shall state whether the contact has impaired their impartiality or their ability to vote on the matter and shall participate or abstain accordingly;

b. A member of the hearings body shall not participate in any proceeding in which they, or any of the following, have a financial interest: their spouse, brother, sister, child, parent, father-in-law, mother-in-law, partner, any business in which they are then serving or have served within the previous two years, or any business with which they are negotiating for or have an arrangement or understanding concerning prospective partnership or employment. Any actual or potential interest shall be disclosed at the hearing where the action is being taken;

c. Disqualification of a member of the hearings body as a result of contacts or conflict may be ordered by a majority of the voting members present. The person who is the subject of the motion may not vote on the motion to disqualify;

d. If all members abstain or are disqualified, those members present who declare their reasons for abstention or disqualification shall not be requalified to make a decision;

e. If a member of the hearings body abstains or is disqualified, the city may provide a substitute in a timely manner to make a quorum, subject to the impartiality rules in subsection (D)(6) of this section; and

f. Any member of the public may raise conflict of interest issues prior to or during the hearing, to which the member of the hearings body shall reply in accordance with this section.

a. Members of the hearings body shall not:

i. Communicate, directly or indirectly, with any applicant, appellant, other party to the proceedings, or representative of a party about any issue involved in a hearing, except upon giving notice, per subsection (D)(5) of this section; and

ii. Take official notice of any communication, report, or other materials outside the record prepared by the proponents or opponents in connection with the particular case, unless all participants are given the opportunity to respond to the noticed materials.

b. No decision or action of the hearings body shall be invalid due to ex parte contacts, if the person receiving contact:

i. Places in the record the substance of any written or oral ex parte communications concerning the decision or action; and

ii. Makes a public announcement of the content of the communication and of all participants’ right to dispute the substance of the communication made. This announcement shall be made at the first hearing following the communication during which action shall be considered or taken on the subject of the communication.

c. A communication between city staff and the hearings body is not considered an ex parte contact.

a. The hearings body may set reasonable time limits for oral presentations and may limit or exclude cumulative, repetitious, irrelevant or personally derogatory testimony or evidence;

b. No oral testimony shall be accepted after the close of the public hearing. Written testimony may be received after the close of the public hearing, only as provided in subsection (D) of this section; and

c. Members of the hearings body may visit the property and the surrounding area, and may use information obtained during the site visit to support their decision, if the information relied upon is disclosed at the hearing and an opportunity is provided to dispute the evidence. In the alternative, a member of the hearings body may visit the property to familiarize himself or herself with the site and surrounding area, but not to independently gather evidence. In the second situation, at the beginning of the hearing, he or she shall disclose the circumstances of the site visit and shall allow all participants to ask about the site visit.

1. Basis for Decision. Approval or denial of an appeal of a Type II administrative decision or a Type III application shall be based on standards and criteria in this title, TMC Title 17, and any other applicable ordinances. The standards and criteria shall relate approval or denial of a discretionary development application to the development regulations and, when appropriate, to the comprehensive plan for the area in which the development would occur and to the development regulations and comprehensive plan for the city as a whole;

2. Findings and Conclusions. Approval or denial shall be based upon the criteria and standards considered relevant to the decision. The written decision shall explain the relevant criteria and standards, state the facts relied upon in rendering the decision, and justify the decision according to the criteria, standards, and facts;

3. Form of Decision. The hearings body shall issue a final written order containing the findings and conclusions stated in subsection (E)(2) of this section, which approves, denies, or approves with specific conditions. The hearings body may also issue appropriate intermediate rulings when more than one permit or decision is required; and

4. Decision-Making Time Limits. A final order for any Type II administrative appeal or Type III action shall be written and filed by the city planner within 30 calendar days after the close of the deliberation.

F. Appeal Procedures. An appeal of a Type III application to the city council shall be heard through a de novo hearings procedure. Only those with standing to appeal may present arguments, but can submit new evidence into the record. The hearings officer may place conditions of approval to meet the applicable criteria or deny an application based on applicable criteria not met, but must be supported by findings of fact in the record. An appeal of a hearings officer decision may be appealed by those with standing to the State Land Use Board of Appeals within 21 days of the date of the notice of decision or order, whichever is later.

G. Notice of Decision. Written notice of a Type II administrative appeal decision or a Type III decision shall be mailed to the applicant and to all participants of record within five business days after the final order of the hearings body decision. Failure of any person to receive mailed notice shall not invalidate the decision; provided, that a good faith attempt was made to mail the notice.

H. Final Decision and Effective Date. The decision of the hearings body on any Type II appeal or any Type III application is final for purposes of appeal on the date it is mailed by the city. The decision is effective on the day after the appeal period expires. If an appeal is filed, the decision becomes effective on the day after the appeal is decided by the designated hearings body. The notification and hearings procedures for Type III applications on appeal to the hearings officer shall be the same as for the initial hearing. [Ord. 966 § 2 (Exh. B), 2021; Ord. 911 § 2 (Exh. A), 2016; Ord. 817 § 8-3M.150, 2006.]

18.190.060 Type IV procedure – Legislative.

A. Preapplication Conference. A preapplication conference is required for all Type IV applications. The requirements and procedures for a preapplication conference are described in TMC 18.190.080(C).

B. Timing of Requests. The city planner shall not review noncity-sponsored or state-required proposed Type IV actions more than five times annually, based on a city council resolution-approved schedule for such actions.

1. Application Forms. Type IV applications shall be made on forms provided by the city planner;

2. Submittal Information. The application shall contain:

a. The information requested on the application form;

b. A map and/or plan addressing the appropriate criteria and standards in sufficient detail for review and decision (as applicable);

c. The required fee;

d. Three copies of a letter or narrative statement that explains how the application satisfies each and all of the relevant approval criteria and standards;

e. Include one set of prestamped and preaddressed envelopes for all real property owners of record who will receive a notice of the application. The records of the Jackson County department of assessment and taxation are the official records for determining ownership. The applicant shall demonstrate that the most current assessment records have been used to produce the notice list (alternatively, the applicant may pay a fee for the city to prepare the public notice mailing); and

f. Include all relevant data and narrative materials to support the land use application. Data may include an impact study to quantify or assess the effect of the requested change on public facilities and services. A traffic impact study shall be required if the proposal exceeds the thresholds of Chapter 18.185 TMC, Traffic Impact Study. The study shall be consistent with the provisions of Chapter 18.185 TMC.

1. Required Hearings. A minimum of two hearings, one before the planning commission and one before the city council, are required for all Type IV applications, except annexations where only a hearing by the city council is required.

2. Notification Requirements. Notice of public hearings for the request shall be given by the city planner in the following manner:

a. At least 20 days, but not more than 40 days, before the date of the first hearing on an ordinance that proposes to amend the comprehensive plan or any element thereof, or to adopt an ordinance that proposes to rezone property, a notice shall be prepared in conformance with ORS 227.175 (Measure 56) and mailed to:

i. Each owner whose property would be rezoned in order to implement the ordinance (i.e., owners of property subject to a comprehensive plan amendment shall be notified if a zone change would be required to implement the proposed comprehensive plan amendment);

ii. Any affected governmental agency;

iii. Recognized neighborhood groups or associations affected by the ordinance;

iv. Any person who requests notice in writing; and

v. For a zone change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175.

b. At least 10 days and not more than 14 calendar days before the scheduled planning commission public hearing date, and at least 10 days and not more than 14 calendar days before the city council hearing date, notice shall be published in a newspaper of general circulation in the city.

c. The city planner shall:

i. For each mailing of notice, file an affidavit of mailing in the record as provided by subsection (D)(2)(a) of this section; and

ii. For each published notice, file in the record the affidavit of publication in a newspaper that is required in subsection (D)(2)(b) of this section.

d. The Department of Land Conservation and Development (DLCD) shall be notified in writing of proposed comprehensive plan and development code amendments at least 45 days before the first public hearing at which public testimony or new evidence will be received.

e. Notifications for annexation shall follow the provisions of this chapter.

3. Content of Notices. The mailed and published notices shall include the following information:

a. The number and title of the file containing the application, and the address and telephone number of the city planner office where additional information about the application can be obtained;

b. A description of the location of the proposal reasonably calculated to give notice of the location of the geographic area;

c. A description of the proposal in enough detail for people to determine that a change is proposed, and the place where all relevant materials and information may be obtained or reviewed;

d. The time(s), place(s), and date(s) of the public hearing(s); a statement that public oral or written testimony is invited; and a statement that the hearing will be held under this title and rules of procedure adopted by the council and available at City Hall (see subsection (E) of this section); and

e. Each mailed notice required by this section shall contain the following statement: “Notice to mortgagee, lienholder, vendor, or seller: The city of Talent Zoning Code requires that if you receive this notice it shall be promptly forwarded to the purchaser.”

4. Failure to Receive Notice. The failure of any person to receive notice shall not invalidate the action, providing:

a. Personal notice is deemed given when the notice is deposited with the United States Postal Service;

b. Published notice is deemed given on the date it is published.

1. Unless otherwise provided in the rules of procedure adopted by the city council:

a. The chairperson of the planning commission and the mayor shall have the authority to:

i. Regulate the course, sequence, and decorum of the hearing;

ii. Direct procedural requirements or similar matters; and

iii. Impose reasonable time limits for oral presentations.

b. No person shall address the commission or the council without:

i. Receiving recognition from the presiding officer; and

ii. Stating their full name and residence address for the public record.

c. Disruptive conduct such as applause, cheering, or display of signs shall be cause for expulsion of a person or persons from the hearing, termination or continuation of the hearing, or other appropriate action determined by the presiding officer.

2. Unless otherwise provided in the rules of procedures adopted by the council, the presiding officer of the planning commission and the city council shall conduct the hearing as follows:

a. The presiding officer shall begin the hearing with a statement of the nature of the matter before the body, a general summary of the procedures, a summary of the standards for decision-making, and whether the decision which will be made is a recommendation to the city council or the final decision of the council;

b. The city planner’s staff report and other applicable reports shall be presented;

c. The public shall be invited to testify;

d. The public hearing may be continued to allow additional testimony or it may be closed; and

e. The body’s deliberation may include questions to the staff, comments from staff, and inquiries directed to any person present.

F. Continuation of the Public Hearing. The planning commission or the city council may continue any hearing, and no additional notice of hearing shall be required if the matter is continued to a specified place, date, and time.

G. Decision-Making Considerations. The recommendation by the planning commission and the decision by the city council shall be based on consideration of the following factors:

1. The statewide planning goals and guidelines adopted under ORS Chapter 197 (for comprehensive plan amendments only);

2. Comments from any applicable federal or state agencies regarding applicable statutes or regulations;

3. Any applicable intergovernmental agreements; and

4. Any applicable comprehensive plan policies and provisions of this title that implement the comprehensive plan. Compliance with this section shall be required for comprehensive plan amendments, zoning map, and text amendments.

1. The planning commission shall:

a. After notice and a public hearing, vote on and prepare a recommendation to the city council to approve, approve with modifications, approve with conditions, deny the proposed change, or adopt an alternative; and

b. Within 10 calendar days of determining a recommendation, the presiding officer shall sign the written recommendation, and it shall be filed with the city planner.

2. Any member of the planning commission who votes in opposition to the planning commission’s majority recommendation may file a written statement of opposition with the city planner before the city council public hearing on the proposal. The city planner shall send a copy to each council member and place a copy in the record.

3. If the planning commission fails to adopt a recommendation to approve, approve with modifications, approve with conditions, deny the proposed change, or adopt an alternative proposal, within 30 days of its first public hearing on the proposed change, the city planner shall:

a. Report the failure together with the proposed change to the city council; and

b. Provide notice and put the matter on the city council’s agenda, a public hearing to be held, and a decision to be made by the council. No further action shall be taken by the planning commission.

4. The city council shall:

a. Approve, approve with modifications, approve with conditions, deny, or adopt an alternative to an application for legislative change, or remand the application to the planning commission for rehearing and reconsideration on all or part of the application;

b. Consider the recommendation of the planning commission; however, it is not bound by the commission’s recommendation; and

c. Act by ordinance, which shall be signed by the mayor after the council’s adoption of the ordinance.

1. A vote by a majority of the qualified voting members of the planning commission present is required for a recommendation for approval, approval with modifications, approval with conditions, denial or adoption of an alternative.

2. A vote by a majority of the qualified voting members of the city council present is required to decide any motion made on the proposal.

J. Notice of Decision. Notice of a Type IV decision shall be mailed to the applicant, all participants of record, and the Department of Land Conservation and Development within five business days after the city council decision is filed with the city planner. The city shall also provide notice to all persons as required by other applicable laws.

K. Final Decision and Effective Date. A Type IV decision, if approved, shall take effect and shall become final as specified in the enacting ordinance, or if not approved, upon mailing of the notice of decision to the applicant.

1. A verbatim record of the proceeding shall be made by stenographic, mechanical, or electronic means. It is not necessary to transcribe an electronic record. The minutes and other evidence presented, as a part of the hearing, shall be part of the record;

2. All exhibits received and displayed shall be marked to provide identification and shall be part of the record;

3. The official record shall include:

a. All materials considered by the hearings body;

b. All materials submitted by the city planner to the hearings body regarding the application;

c. The verbatim record made by stenographic, mechanical, or electronic means; the minutes of the hearing; and other documents considered;

d. The final ordinance;

e. All correspondence; and

f. A copy of the notices, which were given as required by this chapter. [Ord. 966 § 2 (Exh. B), 2021; Ord. 911 § 2 (Exh. A), 2016; Ord. 817 § 8-3M.160, 2006.]

18.190.070 Review by the city engineer.

The city engineer has the authority to apply standard engineering practices, the Storm Drainage Design Standards (Res. 517), the floodplain damage prevention ordinance, the city’s standard drawings, and other applicable technical standards to the designs and specifications of all development within city rights-of-way, facilities to be dedicated to public use, and private improvements that tie into, or otherwise have an impact on, public infrastructure. The city engineer may also be asked to review complex projects in conjunction with the building official by the community development department or the planning commission. A decision of the city engineer may be appealed to the city council within 10 calendar days of the written decision of the city engineer, subject to the requirements for a city council appeal hearing. [Ord. 966 § 2 (Exh. B), 2021; Ord. 817 § 8-3M.170, 2006.]

18.190.080 General provisions.

A. One-Hundred-Twenty-Day Rule. The city shall take final action on permit applications, which are subject to this chapter, including resolution of all appeals, within 120 days from the date the application is deemed as complete. Any exceptions to this rule shall conform to the provisions of ORS 227.178. (The 120-day rule does not apply to Type IV legislative decisions – comprehensive plan and development code amendments – under ORS 227.178.)

B. A 100-day period applies in place of the 120-day period for affordable housing projects where:

1. The project includes five or more residential units, including assisted living facilities or group homes;

2. At least 50 percent of the residential units will be sold or rented to households with incomes equal to or less than 60 percent of the median family income for Jackson County or for the state, whichever is greater; and

3. Development is subject to a covenant restricting the owner and successive owner from selling or renting any of the affordable units as housing that is not affordable for a period of 60 years from the date of the certificate of occupancy.

C. Time Computation. In computing any period of time prescribed or allowed by this chapter, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday or legal holiday, including Sunday, in which event the period runs until the end of the next day which is not a Saturday or legal holiday.

1. Participants. When a preapplication conference is required, the applicant shall meet with the city planner or his/her designee(s);

2. Information Provided. At such conference, the city planner shall:

a. Cite the comprehensive plan policies and map designations applicable to the proposal;

b. Cite the development code provisions, including substantive and procedural requirements applicable to the proposal;

c. Provide available technical data and assistance, which will aid the applicant;

d. Identify other governmental policies and regulations that relate to the application; and

e. Reasonably identify other opportunities or constraints concerning the application;

3. Disclaimer. Failure of the city planner or his/her designee to provide any of the information required by this subsection (D) shall not constitute a waiver of any of the standards, criteria, or requirements for the application;

4. Changes in the Law. Due to possible changes in federal, state, regional, and local law, the applicant is responsible for ensuring that the application complies with all applicable laws on the day the application is deemed complete.

1. Initiation of Applications. Applications for approval under this chapter may be initiated by:

a. Resolution of city council;

b. Resolution of the planning commission;

c. The city planner;

d. A record owner of property (person(s) whose name is on the most recently recorded deed), or contract purchaser with written permission from the record owner;

e. Any person authorized to submit an application for approval may be represented by an agent authorized in writing to make the application on their behalf.

2. Consolidation of Proceedings. When an applicant applies for more than one type of land use or development permit (e.g., Type II and III) for the same one or more parcels of land, the proceedings shall be consolidated for review and decision.

a. If more than one approval authority would be required to decide on the applications if submitted separately, then the decision shall be made by the approval authority having original jurisdiction over one of the applications in the following order of preference: (i) the city planner, (ii) the planning commission, and (iii) the city council. Joint meetings between governing bodies may be held to streamline the decision process.

b. When proceedings are consolidated:

i. The notice shall identify each application to be decided;

ii. The decision on a plan map amendment shall precede the decision on a proposed land use change and other decisions on a proposed development. Similarly, the decision on a zone map amendment shall precede the decision on a proposed development and other actions; and

iii. Separate findings and decisions shall be made on each application.

3. Check for Acceptance and Completeness. In reviewing an application for completeness, the following procedure shall be used:

a. Acceptance. When an application is received by the city, the city planner shall immediately determine whether the following essential items are present. If the following items are not present, the application shall not be accepted and shall be immediately returned to the applicant:

i. The required form;

ii. The required fee;

iii. The signature of the applicant on the required form, and signed written authorization of the property owner of record if the applicant is not the owner.

i. Review and Notification. After the application is accepted, the city planner shall review the application for completeness. If the application is incomplete, the city planner shall notify the applicant in writing of exactly what information is missing within 30 days of receipt of the application and allow the applicant 180 days to submit the missing information;

ii. When an Application Is Deemed Complete for Review. In accordance with the application submittal requirements of this chapter, the application shall be deemed complete by the city planner upon the receipt of all required information. The applicant shall have the option of withdrawing the application, or refusing to submit information requested by the city planner in subsection (E)(3)(b)(i) of this section. For the refusal to be valid, the refusal shall be made in writing and received by the city planner no later than 14 days after the date on the city planner’s letter of incompleteness. If the applicant refuses in writing to submit the missing information, the application shall be deemed complete on the thirty-first day after the city planner first accepted the application.

iii. Standards and Criteria That Apply to the Application. Approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first accepted unless the applicant takes more than 180 days to complete, in which case the application will be based on the standards and criteria effective when the application is deemed complete.

4. Changes or Additions to the Application During the Review Period. Once an application is deemed complete:

a. All documents and other evidence relied upon by the applicant shall be submitted to the city planner at least 14 days before the notice of action or hearing is mailed, if possible. Documents or other evidence submitted after that date shall be received by the city planner, and transmitted to the hearings body, but may be too late to include with the staff report and evaluation;

b. When documents or other evidence are submitted by the applicant during the review period, but after the application is deemed complete, the assigned review person or body shall determine whether or not the new documents or other evidence submitted by the applicant significantly change the application;

c. If the assigned reviewer determines that the new documents or other evidence significantly change the application, the reviewer shall include a written determination that a significant change in the application has occurred as part of the decision. In the alternate, the reviewer may inform the applicant either in writing, or orally at a public hearing, that such changes may constitute a significant change (see subsection (E)(4)(d) of this section), and allow the applicant to withdraw the new materials submitted, in order to avoid a determination of significant change;

d. If the applicant’s new materials are determined to constitute a significant change in an application that was previously deemed complete, the city shall take one of the following actions, at the choice of the applicant:

i. Continue to process the existing application and allow the applicant to submit a new second application with the proposed significant changes. Both the old and the new applications will proceed, but each will be deemed complete on different dates and may therefore be subject to different criteria and standards and different decision dates;

ii. Suspend the existing application and allow the applicant to submit a new application with the proposed significant changes. Before the existing application can be suspended, the applicant must consent in writing to waive the 120-day rule (subsection (A) of this section) on the existing application. If the applicant does not consent, the city shall not select this option; and

iii. Reject the new documents or other evidence that has been determined to constitute a significant change, and continue to process the existing application without considering the materials that would constitute a significant change. The city will complete its decision-making process without considering the new evidence; and

e. If a new application is submitted by the applicant, that application shall be subject to a separate check for acceptance and completeness and will be subject to the standards and criteria in effect at the time the new application is accepted.

F. City Planner’s Duties. The city planner shall:

1. Prepare application forms based on the criteria and standards in applicable state law, the city’s comprehensive plan, and implementing ordinance provisions;

2. Accept all development applications which comply with applicable ordinances and procedures;

3. Prepare a staff report that summarizes the application(s) and applicable decision criteria, and provides findings of conformance and/or nonconformance with the criteria. The staff report should also provide a recommended decision of: approval; denial; or approval with specific conditions that ensure conformance with the approval criteria;

4. Prepare a notice of the proposal decision:

a. In the case of an application subject to a Type I or II review process, the city planner shall make the staff report and all case-file materials available at the time that the notice of the decision is issued;

b. In the case of an application subject to a hearing (Type III or IV process), the city planner shall make the staff report available to the public at least seven days prior to the scheduled hearing date, and make the case-file materials available when notice of the hearing is mailed, as provided by TMC 18.190.040 (Type II), TMC 18.190.050 (Type III), or TMC 18.190.060 (Type IV);

5. Administer the hearings process;

6. File notice of the final decision in the city’s records and mail a copy of the notice of the final decision to the applicant; all persons who provided comments or testimony; persons who requested copies of the notice; and any other persons entitled to notice by law;

7. Maintain and preserve the file for each application for the time period required by law. The file shall include, as applicable, a list of persons required to be given notice and a copy of the notice given; the affidavits of notice; the application and all supporting information; the staff report; the final decision including the findings, conclusions and conditions, if any; all correspondence; minutes of any meeting at which the application was considered; and any other exhibit, information or documentation which was considered by the decision-maker(s) on the application; and

8. Administer the appeals and review process.

1. The purpose of an amended decision process is to allow the city planner to correct typographical errors, rectify inadvertent omissions and/or make other minor changes, which do not materially alter the decision.

2. The city planner may issue an amended decision after the notice of final decision has been issued, but before the appeal period has expired. If such a decision is amended, the decision shall be issued within 10 business days after the original decision would have become final, but in no event beyond the 120-day period required by state law. A new 10-day appeal period shall begin on the day the amended decision is issued.

3. Notice of an amended decision shall be given using the same mailing and distribution list as for the original decision notice.

4. Modifications to approved plans or conditions of approval requested by the applicant shall follow the individual procedures of applicable ordinances. All other requested changes to decisions that do not qualify as minor or major modifications shall follow the appeal process.

H. Resubmittal of Application Following Denial. An application which has been denied, or an application which was denied and which on appeal or review has not been reversed by a higher authority, including the Land Use Board of Appeals, the Land Conservation and Development Commission or the courts, may not be resubmitted as the same or a substantially similar proposal for the same land for a period of at least 12 months from the date the final city action is made denying the application, unless there is substantial change in the facts or a change in city policy which would change the outcome, as determined by the city manager. [Ord. 966 § 2 (Exh. B), 2021; Ord. 817 § 8-3M.180, 2006.]

18.190.090 Special procedures.

A. Expedited Land Divisions. An expedited land division (ELD) shall be defined and may be used as in ORS 197.360, which is expressly adopted and incorporated by reference here.

1. Selection. An applicant who wishes to use an ELD procedure for a partition or subdivision, instead of the regular procedure type assigned to it, must request the use of the ELD in writing at the time the application is filed, or forfeit his/her right to use it;

2. Review Procedure. An ELD shall be reviewed in accordance with the procedures in ORS 197.365;

3. Appeal Procedure. An appeal of an ELD shall be in accordance with the procedures in ORS 197.375.

B. Neighborhood Meeting Requirement. Applicants shall meet with adjacent property owners and neighborhood representatives prior to submitting their application in order to solicit input and exchange information about the proposed development. After a preapplication conference, the applicant shall meet with any adjacent property owners within 250 feet of subject property, prior to the city’s acceptance of an application as complete. The city will furnish a form letter to the applicant to be mailed to all property owners within 250 feet of the subject property that provides due notice of the scheduled neighborhood meeting. The applicant shall be responsible for any costs associated with the mailing. The city’s intent is to include neighbors in the design process, as well as improving communication among the city, neighbors, and applicant and, as a result, facilitating the public approval process.

A neighborhood meeting shall be required for all Type III and Type IV applications. [Ord. 966 § 2 (Exh. B), 2021; Ord. 847 § 4 (Exh. B), 2008; Ord. 817 § 8-3M.190, 2006.]

18.195.010 Intent.

Within the zones established by this title, or amendments thereto, there exist lots, structures, and uses of land and structures which were lawful before this title was enacted or amended by ordinance, but which would be prohibited, regulated, or restricted under the terms of this title or amendments thereto. Such uses are generally considered to be incompatible with the permitted uses in the zone in which they are located, and their continuance shall therefore be permitted only in strict compliance with the restrictions of this chapter. However, existing single-family residential uses shall not be treated as nonconforming uses, unless such use is voluntarily discontinued. Subject to the provisions of this chapter, a nonconforming structure or use may be continued and maintained in reasonable repair, but shall not be altered or extended except as provided herein. The extension of a nonconforming use to a portion of a structure, which was arranged or designed for the nonconforming use at the time of passage of the ordinance codified in this title, is not considered an enlargement or expansion of a nonconforming use.

A use or structure which, on the date the ordinance codified in this chapter takes effect and Ordinance Number 146 and amendments thereto are repealed, violates that ordinance as it then reads shall not be regarded as nonconforming but shall remain in violation under this title. [Ord. 817 § 8-3M.210, 2006.]

18.195.020 Nonconforming lots of record.

In any zone in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this title, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this title. This provision shall apply even though such lot fails to meet the requirements for area or width, or both. Yard dimensions and other requirements not involving area or width or both shall conform to the regulations for the zone in which such lot is located. For purposes of this section, the preexisting status of a lot must be clearly established by separate tax lot in the records of the Jackson County assessor. No division of any parcel shall be permitted which leaves remaining any lot with width or areas below the requirements stated in this title. [Ord. 817 § 8-3M.220, 2006.]

18.195.030 Nonconforming structures.

A structure that houses a conforming use, but that does not conform with height, setback, lot coverage, or structural requirements, may be altered or extended, if the alteration or extension does not deviate further from the standards of this title. If a structure that does not meet minimum setback requirements is altered or extended under this provision, special construction standards may be required for fire safety, pursuant to the building code. [Ord. 817 § 8-3M.230, 2006.]

18.195.040 Nonconforming uses of land.

Where, at the effective date of adoption or amendment of this title, lawful use of land exists that is made no longer permissible under the terms of this title, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

A. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this title; and

B. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this title; and

C. If any such nonconforming use of land ceases for any reason for a period of more than 45 days, any subsequent use of such land shall conform to the regulations specified by this title for the zone in which such land is located. [Ord. 817 § 8-3M.240, 2006.]

18.195.050 Nonconforming uses of structures and premises.

B. Repairs and Maintenance. Routine maintenance and repairs, including repair or replacement of nonbearing walls, fixtures, wiring or plumbing, may be performed on structures and premises, the use of which is nonconforming. Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition any building or part thereof declared unsafe by any official charged with protecting the public safety, upon order of such official.

C. Change of Nonconforming Use. If a nonconforming use involving a structure is replaced by another use, the new use shall conform to this title unless the planning commission determines that the proposed use is of the same or of a more restrictive classification, that the proposed use will not affect the character of the area in which it is proposed to be located more adversely than the existing or preexisting use, and that the change of use will not result in the enlargement of the cubic space occupied by a nonconforming use, except as provided in subsection (D) of this section. An application for a change of use must be filed in accordance with the provisions of this chapter, including the payment of required fee.

D. Enlargement of Nonconforming Use. No existing structure that is wholly or partially occupied by a nonconforming use shall be structurally altered, moved, extended, constructed, reconstructed, or enlarged in cubic space unless the alteration or enlargement will result in the elimination of nonconforming use; except that such building may be enlarged when authorized in accordance with the procedure and provisions set forth in this chapter, including the payment of the required fee.

1. Any structure, or structure and premises, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the requirements for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed.

2. If a nonconforming use of a structure is discontinued for a period of more than 90 days, the further use of the property shall conform to this title.

F. Destruction of Nonconforming Use. If a structure containing a nonconforming use is destroyed by fire, flood, explosion or other calamity to an extent exceeding 75 percent of the appraised value of the structure, as determined by the records of the county assessor for the year preceding destruction, a future structure or use on the property shall conform to the regulations for the zone in which it is located. [Ord. 817 § 8-3M.250, 2006.]

18.195.060 Improvement of certain nonconforming uses.

A use which is nonconforming with respect to provision for screening or buffering shall provide such screening or buffering within a period of three years from the date this title is adopted. [Ord. 817 § 8-3M.260, 2006.]

18.195.070 Certain uses not considered nonconforming.

Any use for which a conditional use permit or variance has been granted shall not be deemed a nonconforming use, and may be conducted only on the terms of the original permit and subject to all limitations under which the permit or variance was awarded. [Ord. 817 § 8-3M.270, 2006.]

18.200.010 Procedure.

Annexation is a legislative procedure governed by TMC 18.190.060. In addition to other affected agencies, it is a requirement of the Talent urbanization program to notify Jackson County planning department. [Ord. 845 § 2 (Exh. A); Ord. 817 § 8-3M.310, 2006.]

18.200.020 Petition.

Except for annexations initiated by the council pursuant to TMC 18.200.030, a petition to annex shall include the following information:

A. Consent to annexation which is nonrevocable for a period of one year from the date of its signing.

B. Agreement to deposit an amount sufficient to retire any outstanding indebtedness of special districts defined in ORS 222.510.

C. Boundary description and map prepared in accordance with ORS 308.225. A registered land surveyor shall prepare such description and map. Subsequent to council approval of the proposed annexation the boundaries shall be surveyed and monumented as required by statute.

D. Written findings addressing the criteria in TMC 18.200.040.

E. Written request by the property owner for a rezoning. Provided, however, no written request shall be necessary if the annexation has been approved by a majority vote in an election meeting the requirements of Section 11g of Article XI of the Oregon Constitution (Ballot Measure No. 47). [Ord. 845 § 2 (Exh. A); Ord. 817 § 8-3M.320, 2006.]

18.200.030 Initiation by council.

A. The council may initiate a proposal for annexation by resolution and will follow the provisions of ORS 222.111 through222.125 or 222.750.

B. When the council initiates an annexation the approval standards in TMC 18.200.040 shall still apply, except in the following cases:

1. The annexation is initiated because of current or probable public health hazard owing to a lack of full city sanitary sewer or water services; or

2. The lot or lots proposed for annexation comprise an “island” completely surrounded by lands within the city limits. [Ord. 845 § 2 (Exh. A); Ord. 817 § 8-3M.330, 2006.]

18.200.040 Approval standards.

An annexation may be approved if the proposed request for annexation conforms to the following approval criteria, or can be made to conform through the imposition of conditions:

A. The land is in the city’s urban growth boundary (UGB).

B. The land is currently contiguous for a distance of 60 feet or more with the present city limits.

C. The proposed zoning for the annexed area is in conformance with the designation indicated on the comprehensive plan map and/or adopted master plan map, and the project, if proposed concurrently with the annexation, is an allowed use within the proposed zoning.

D. The following infrastructure can and will be provided to and through the subject property at the appropriate stage of development, or sooner if determined to be necessary on the advice of staff:

1. Adequate facilities for the provision of water to the site, as determined by the public works department and/or city engineer;

2. Adequate transport of sewage from the site to the wastewater treatment plant, as determined by Rogue Valley Sewer Services;

3. Adequate storm drainage as determined by the public works department and/or city engineer.

E. Adequate transportation can and will be provided to and through the subject property at the appropriate stage of development, or sooner if determined to be necessary on the advice of staff. The purpose of this standard is to ensure that transportation facilities are extended to adjacent lands that are also available for annexation, though they may not be immediately eligible. For the purposes of this section “adequate transportation” for annexations consists of vehicular, bicycle, pedestrian and transit transportation meeting the following standards:

1. A 20-foot-wide paved access exists for vehicular transportation, or can and will be constructed, along the full frontage of or through the project site to the nearest fully improved collector or arterial street.

All streets adjacent to the annexed area shall be improved, at a minimum, to a half-street standard with a minimum 20-foot-wide driving surface. The city may, after assessing the impact of the development, require the full improvement of streets adjacent to the annexed area. All streets located within annexed areas shall be fully improved to city standards.

2. Where future street dedications are indicated on the city’s “Required Street Connections” maps in the transportation system plan, or an adopted master plan, or when required by the city, provisions shall be made for the dedication and improvement of these streets and be included with the petition to annex.

3. For bicycle transportation, safe and accessible bicycle facilities exist, or can and will be constructed. Should the annexation be adjacent to an arterial street, bike lanes shall be provided on or adjacent to the arterial street. Likely bicycle destinations from the project site shall be determined and safe and accessible bicycle facilities serving those destinations shall be indicated.

4. For pedestrian transportation, safe and accessible pedestrian facilities exist, or can and will be constructed. Full sidewalk improvements shall be provided on one side adjacent to the annexation for all streets adjacent to the proposed annexed area. Sidewalks shall be provided as required by code on all streets within the annexed area.

Where the project site is within a quarter of a mile of an existing sidewalk system, the sidewalks from the project site shall be constructed to extend and connect to the existing system. Likely pedestrian destinations from the project site shall be determined and the safe and accessible pedestrian facilities serving those destinations shall be indicated.

5. For transit transportation, should transit service be available to the site, or be likely to be extended to the site in the future based on information from the local public transit provider, provisions shall be made for the construction of adequate transit facilities, such as bus shelters and bus turn-out lanes. All required transportation improvements shall be constructed and installed prior to the issuance of a certificate of occupancy for any new structures on the annexed property.

F. One or more of the following standards are met:

1. The proposed annexation area will be zoned a residential district in accordance with the comprehensive plan, and there is less than a five-year supply of vacant and redevelopable land in the proposed land use classification within the current city limits. “Redevelopable land” means land zoned for residential use on which development has already occurred but on which, due to present or expected market forces, there exists the likelihood that existing development will be converted to more intensive residential uses during the planning period. The five-year supply shall be calculated from the most current adopted vacant and redevelopable land inventory, or the inventory in the housing element of the comprehensive plan under the direction and approval of the city planner; or

2. The proposed lot or lots will be zoned a commercial district under the comprehensive plan, and the petitioner will obtain site development plan review approval for an outright permitted use, or conditionally permitted use, concurrent with the annexation request; or

3. A current or probable public health hazard exists due to lack of full city sanitary sewer or water services; or

4. Existing development in the proposed annexation has inadequate water or sanitary sewer service; or the service will become inadequate within one year; or

5. The area proposed for annexation has existing city of Talent water or sanitary sewer service extended, connected, and in use, and a signed “consent to annexation” agreement has been filed and accepted by the city of Talent; or

6. There is inadequate infrastructure that is unduly preventing development of UGB lands and annexation will provide a means to extend infrastructure; or

7. The lot or lots proposed for annexation are an “island” completely surrounded by lands within the city limits. [Ord. 845 § 2 (Exh. A); Ord. 817 § 8-3M.340, 2006.]

18.200.050 Boundary change required by city.

B. The director, in a report to the commission and council, shall justify the inclusion of any parcels other than the parcel for which the petition is filed.

C. The purpose of this section is to permit the planning commission and council to make more logical and orderly extensions of the city’s boundaries. [Ord. 845 § 2 (Exh. A); Ord. 817 § 8-3M.350, 2006.]

18.200.060 Filing and withdrawal.

It is the duty of the city recorder, or assign, to file all records, transcripts, and reports of annexations as required by statute (ORS 222.010), and to ascertain the need for, and take action to institute, any proceedings to withdraw annexed areas from special service districts within the time prescribed by law. [Ord. 845 § 2 (Exh. A); Ord. 817 § 8-3M.360, 2006.]

18.200.070 Annexation by electorate vote.

As per the City Charter, Chapter X, Section 36, the decision authority transfers from the city council to the electors of the city of Talent if:

A. Within 30 days of the council’s decision to annex a verified petition requests a majority vote of the electorate. The petition must be signed by either 100 qualified voters or one percent of qualified voters in the city and the annexation territory, whichever is greater; or

B. A majority of the city council favors referring the decision to the voters; or

C. When required by state law. [Ord. 845 § 2 (Exh. A); Ord. 817 § 8-3M.370, 2006.]

18.205.010 Numbering required – Generally.

All buildings within the city of Talent, now or hereafter occupied for any purpose, and having access to a public street shall be numbered for street address as provided in this title. It shall be the duty of the owner of the building to post, and maintain, the assigned number in a manner provided in this chapter. For the purposes of this chapter, the “owner” shall be deemed to include occupant and any person who appears as owner on the property tax records of Jackson County, and any notice required under this chapter shall be sufficient if mailed to the address to which tax statements are sent. [Ord. 817 § 8-3M.410, 2006.]

18.205.020 Numbering – Assigning – Changing and recording.

A. Street numbers will be assigned by the city planner. For purposes of this chapter, “city planner” shall mean any member of the Talent planning department or any other department as determined by city council. Street numbers will be assigned in accordance with a policy adopted by resolution of the council, designed to provide a logical and uniform system consistent with other systems generally in use. The city planner shall prepare a map of the city and indicate there the numbers used to designate the premises, which map shall be maintained on file with the city recorder.

B. If the city council determines that any street number in actual use is out of sequence or incorrect, a street number change may be initiated by motion of the council and a new number assigned. Before assigning a correct number, the council will give notice to the owner of the premises and an opportunity to be heard at its next council meeting. Thereafter, the council shall take such action as it deems appropriate and forthwith notify the owner in writing of the number assigned, in the event of a change.

C. For all buildings hereafter completed or occupied for the first time, numbers will be assigned by the city planner. For new construction, the number will be assigned when the building permit is issued. For new occupancies, a number will be assigned on an application of the owner or occupant prior to occupancy; or in the event that no such application is made, the number shall be assigned by the city planner and written notice given to the owner or occupant.

D. Assigned numbers shall be posted on each existing building within 90 days of the date of enactment of the ordinance codified in this title. Buildings hereafter erected or occupied will be provided and posted with the assigned numbers not later than 30 days after completion, and in any event prior to occupancy of the building.

E. The numbers shall be placed on either side of the main entrance, upon the porch or piazza, or on the gateway, or in such manner that the same may be plainly seen from the street in front of the property and will not be hidden from view from the street in front of the property by any trees, bushes, shrubs or other obstructions. The numbers shall be of such size and color that they will be easily read from the street by a person with reasonable vision. [Ord. 817 § 8-3M.420, 2006.]

18.205.030 Enforcement.

Any owner or occupant who fails to place street numbers in accordance with this chapter within the times herein specified, or who occupies or permits a building to be occupied without such number being posted, may be penalized by fine not exceeding $100.00.

In addition, or in lieu of such fine or penalty, the city may cause the number to be posted as in this section provided. The city of Talent utilities department shall mail to the owner or occupant a notice of the obligation to post the assigned number and if said number is not posted within 15 days after the date of the notice, the department shall go upon the premises and post the number in compliance with the provisions of this title, at a cost not to exceed $15.00, which amount is to be billed the legal owner of the property by mail, payable to the city no later than 30 days from the date of billing. The charge may be waived or reduced by the city council to avoid unreasonable economic hardship. It shall be unlawful for any owner or occupant of any premises to resist a representative of the city of Talent utilities department engaged in carrying out his or her duties under this section. [Ord. 817 § 8-3M.430, 2006.]

18.215.010 Purpose.

The regulations in this chapter are designed to facilitate rational, efficient and flexible land planning and site design. The regulations in this chapter provide variations from other codes and the regulations of established zoning districts having to do with use, setbacks, lot area, density, bulk and other requirements.

In addition, the purposes of this chapter are to:

A. Implement the comprehensive plan and applicable land use district(s) by providing a means for master planning large development sites;

B. Encourage energy conservation and improved air and water quality;

C. Build in flexible responses to problematic topology and to encourage designs that provide open space;

D. Facilitate the efficient use of land;

E. Promote an economical arrangement of land use, buildings, circulation systems, open space, and utilities; and to assist the city in planning infrastructure improvements; and

F. Preserve, to the greatest extent possible, the existing, naturally occurring landscape features and amenities. [Ord. 847 § 2 (Exh. A), 2008; Ord. 817 § 8-3M.611, 2006.]

18.215.020 Background.

At the time this chapter was drafted, the city was contemplating an expansion of its urban growth boundary (UGB) in conjunction with other cities in the region through a collaborative effort known as the “Greater Bear Creek Valley Regional Problem Solving” process (RPS). The outcome of this effort was the identification of urban reserve areas (URAs), which will have primacy when the city seeks to expand its UGB.

One requirement of cities participating in RPS is that they create master plans for their URAs when such areas are included in their respective UGBs. This chapter was written to comply with the requirement. Another requirement is to strive for a density goal of 6.2 units per acre for residential development.

The processes in this chapter replace the typical zoning district standards by introducing new classes of master-plan districts (MPD) that have flexibility built in. Once land begins the process of UGB inclusion, it is committed to the MPD format and regulations through all subsequent stages of development. [Ord. 847 § 2 (Exh. A), 2008; Ord. 817 § 8-3M.612, 2006.]

18.215.030 Applicability.

18.215.040 Interpretation and application of provisions.

A. In interpreting and applying the provisions of this chapter, such provisions shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, order, prosperity and general welfare.

B. This chapter is not intended to interfere with, abrogate or annul any easements, covenants or other agreements between parties; except if this chapter imposes a greater restriction, this chapter shall control.

C. In case of any inconsistency between the text of this chapter and any heading, drawing, table, figure, or illustration, the text shall control.

D. If the provisions of this chapter are inconsistent with those of the state or federal government, the more restrictive provision will control to the extent permitted by law. If the provisions of this chapter are inconsistent with other chapters in this title, or if they conflict with provisions found in other adopted ordinances, resolutions, or regulations of the city, the provision that is more specific to the situation will control. When regulations are equally specific or when it is unclear which regulation to apply, the more restrictive provision will control.

E. Whenever reference is made to a resolution, ordinance, statute, regulation, or document, it shall be construed as a reference to the most recent edition of such regulation (as amended), resolution, ordinance, statute or document, unless otherwise specifically stated. [Ord. 847 § 2 (Exh. A), 2008; Ord. 817 § 8-3M.614, 2006.]

18.215.050 Rules of word construction.

A. Unless otherwise specifically indicated, lists of items or examples that use terms such as “including,” “such as,” or similar language are intended to provide examples, not to be exhaustive of all possibilities.

B. Words in the present tense include the future tense. The reverse is also true.

C. The words and phrases “shall,” “shall not,” “must,” “must not,” “will,” “will not,” and “may not” are mandatory. The word “may” is permissive. [Ord. 847 § 2 (Exh. A), 2008; Ord. 817 § 8-3M.615, 2006.]

18.215.060 Review steps and review process.

A. Review Steps. There are four required steps to planned development approval; they may occur only sequentially, never concurrently, with the exception of the steps in subsections (A)(2) and (A)(3) of this section:

1. Development and approval of a conceptual master plan (CMP) at time of UGB amendment;

2. Annexation;

3. The approval of a preliminary subdivision plat(s) and/or site development plan review application(s);

4. The approval of a final plat.

1. Submit an application for inclusion in the city’s UGB. Follow the steps in Chapter 18.195 TMC. If approved, the result is a conceptual master plan (CMP) adopted by the city in conjunction with adoption of the UGBA and appropriate MPD designations on the comprehensive plan land use map. This is a legislative review process (see TMC 18.190.060).

2. Submit an application for annexation. Follow the steps in Chapter 18.200 TMC. If approved, the result is rezoning to appropriate MPD zones. This is a legislative review process (see TMC 18.190.060).

3. Submit an application for a preliminary subdivision plat and/or site development plan review. Follow the steps in TMC Title 17 (Subdivisions). If approved, the result is a permit to proceed with installing infrastructure. This is a quasi-judicial review process (see TMC 18.190.050).

4. Submit an application for final plat approval. If approved, the result is a permit to proceed with selling lots and/or building on them. This is a ministerial review process (see TMC 18.190.030). [Ord. 847 § 2 (Exh. A), 2008; Ord. 817 § 8-3M.616, 2006.]

18.215.070 Urban growth boundary amendment and conceptual master plan – Application.

An application to include land in the city’s urban growth boundary (UGB) is a legislative process that includes coordination with Jackson County and approval from Jackson County board of commissioners. Such a process is called an urban growth boundary amendment (UGBA). Because such an amendment can be a lengthy process, the time can be used to advantage by developing a conceptual master plan for the area in question.

The initiation of an urban growth boundary amendment by any one or more property owners in the urban reserve area will be the trigger for planning the entire urban reserve. The city will not master plan subsets of URAs.

A. General Submission Requirements. The following shall be submitted in both hard copy and electronic formats:

1. A Type IV application, as per TMC 18.190.060(C), and ORS 197.296, along with fee.

2. A topographic map of the proposed boundary amendment area, including land within 500 feet of the exterior bounds of the area. Said map will show existing buildings, utilities, streets and ways, natural features, bodies of water, and wetlands.

3. A description of the applicant’s vision for eventual development.

4. Special studies prepared by qualified professionals may be required by the city planning official, planning commission or city council to determine potential traffic, geologic, noise, environmental, natural resource, natural hazard, and other impacts.

5. Any additional materials required by Section 3.7.3(E) of the Jackson County Land Development Ordinance, or its successor provision(s). [Ord. 847 § 2 (Exh. A), 2008; Ord. 817 § 8-3M.621, 2006.]

18.215.080 Conceptual master plan – Procedure.

There are two interconnected tasks at this stage: coordination with the county and development of the conceptual master plan.

A. City and county officials will establish a list of stakeholders who will be invited to be on the development committee for the CMP. Stakeholders include, but are not limited to, owners of adjacent property, representatives of the city council, planning commission, parks commission, Phoenix-Talent School District, Fire District No. 5, DLCD, ODOT, RVS, MWC, RVMPO, RVTD, and any recognized adjacent neighborhood associations.

Individual participation is a choice, not a prerequisite of approval, except for the city, the county, and the petitioner(s) for UGB inclusion.

B. The city will host CMP development committee meetings. It should take no more than five meetings to complete the steps in the following section. The reason for this rule is that participation and interest may wane during an extensive process, and the goal of public involvement would not be well served. Materials and notice to participants will be provided at least seven days before each meeting date.

C. CMP development will generally follow these guidelines:

1. The city and owners of territory in the proposed UGBA area will first meet to discuss design and urbanization objectives. From this discussion, the city will produce two or three site design concepts to present to the whole development committee.

2. At the first meeting of the development committee (CMP-DC) the city will present the design concepts, which may include uses, densities, siting of public facilities, and locations of preservation areas (for both open space and natural hazard areas). The committee members will submit, in writing and by drawing on the concept maps, comments, suggestions or critiques of the plans at the meeting. Members may submit comments up to 10 days before the next scheduled meeting.

3. At subsequent meetings, the city will post comments and the amended concept maps, answer questions, and receive additional comments. Members may again submit additional comments up to 10 days before any subsequent meeting.

4. The final meeting will include the whole planning commission. City staff will present the conclusions and recommendations of the CMP development committee.

5. City staff will finalize a draft CMP for the city’s planning commission. The CMP will contain at least the following elements: a development concept map, textual description of the development concept, draft UGMA, base maps, memos, committee minutes, and other supporting documentation, as appropriate. [Ord. 847 § 2 (Exh. A), 2008; Ord. 817 § 8-3M.622, 2006.]

18.215.090 Urban growth boundary amendment and conceptual master plan – Review.

At this step the city and county review, evaluate, and adopt or reject the CMP and the UGBA.

A. At least 45 days before the first evidentiary hearing on adoption the city will provide notice to DLCD on the proposal to amend the UGB and adopt the CMP.

B. Staff will present the CMP and findings for UGBA to the planning commission for hearings. In order to recommend the UGBA for approval, the commission must find it meets the criteria of OAR 660-024 and the need and locational factors of Statewide Planning Goal 14. The commission may recommend approval, approval with conditions, or denial to the city council.

C. Staff will present the CMP, findings for UGBA, and the planning commission’s recommendation to the city council for hearings. The council may approve, approve with conditions, or deny the UGBA and CMP.

D. Staff will present the CMP, findings for UGBA, and the city council’s decision to the county board of commissioners. The board may approve, approve with conditions, or deny the UGBA. [Ord. 847 § 2 (Exh. A), 2008; Ord. 817 § 8-3M.623, 2006.]

18.215.100 Annexation.

The provisions of Chapter 18.200 TMC govern all annexations. Refer to that chapter for submission and review procedures. [Ord. 847 § 2 (Exh. A), 2008; Ord. 817 § 8-3M.631, 2006.]

18.215.110 Types of development.

Land subject to this chapter may be developed as a subdivision, development of one or more individual lots, or development of one or more conditional uses on one or more individual lots. [Ord. 847 § 2 (Exh. A), 2008; Ord. 817 § 8-3M.641, 2006.]

18.215.120 Preliminary subdivision plat – Application and review.

An application for subdivision development is a quasi-judicial process governed by TMC Title 17, Subdivisions, and Chapter 18.190 TMC.

A. General Submission Requirements. The following shall be submitted in both hard copy and electronic formats:

1. A Type III application, as per TMC 17.15.010 and 17.15.020, along with fee.

2. A preliminary subdivision plat demonstrating compliance with the adopted CMP for the area.

B. Review. The provisions of TMC 17.15.030 govern all subdivision applications, with the exception of TMC 17.15.030(F), because the adopted CMP is presumed to fulfill the purpose of a future redivision plan. In addition, whatever provisions exist for density bonuses in TMC Title 17 and this title cannot be applied to MPD areas because the adopted CMP is presumed to have identified and accounted for all development and nondevelopment areas.

For those areas subject to this chapter, the following additional review criteria apply:

1. If the planning commission makes a positive finding for any one of subsections (B)(1)(a) through (B)(1)(c) of this section, and the plat meets the relevant approval criteria in TMC Title 17, the commission will approve the preliminary plat.

a. The proposed development conforms to the adopted CMP for the area.

b. The proposed development does not conform, but the differences from the adopted CMP are not significant with respect to the following parameters and for one or more reasons acceptable to the planning commission:

i. Location(s) of major streets.

ii. Location(s) of off-site transportation stubs.

iii. Open space is not changed by more than 10 percent, so long as riparian and wetland setbacks are not adversely impacted by any reduction.

iv. Overall residential density is not changed (due to zone change) by more than 10 percent.

v. Commercial zoning is not changed to industrial zoning, or vice versa.

vi. Residential zoning is not changed to industrial zoning, or vice versa.

c. The proposed development does not conform due to amendments necessitated by changed circumstances or changes in city objectives, and such amendments are reasonable, proportional responses to those changes. [Ord. 847 § 2 (Exh. A), 2008; Ord. 817 § 8-3M.642, 2006.]

18.215.130 Site development plan – Application and review.

An application for site development plan review is a quasi-judicial process governed by Chapter 18.150 TMC.

A. General Submission Requirements. The following shall be submitted in both hard copy and electronic formats:

1. A Type III application, as per TMC 18.150.030 and 18.150.040, along with fee.

2. A site development plan demonstrating compliance with the CMP for the area.

B. Review. The provisions of Chapter 18.150 TMC govern all site development plan applications. For those areas subject to this chapter, the following additional review criteria apply:

1. If the planning commission makes a positive finding for any one of the subsections of TMC 18.215.120(B)(1), and the proposal meets the relevant approval criteria in Chapter 18.150 TMC, the commission will approve the site development plan. [Ord. 847 § 2 (Exh. A), 2008; Ord. 817 § 8-3M.643, 2006.]

18.215.140 Conditional use permit – Application and review.

An application for conditional use permit review is a quasi-judicial process governed by Chapter 18.155 TMC.

A. General Submission Requirements. The following shall be submitted in both hard copy and electronic formats:

1. A Type III application, as per TMC 18.155.040, along with fee.

2. A conditional use permit development plan demonstrating compliance with the adopted CMP for the area.

B. Review. The provisions of Chapter 18.155 TMC govern all conditional use permit applications. For those areas subject to this chapter, the following additional review criteria apply:

1. If the planning commission makes a positive finding for any one of the subsections of TMC 18.215.120(B)(1), and the proposal meets the relevant approval criteria in Chapter 18.155 TMC, the commission will approve the conditional use permit. [Ord. 847 § 2 (Exh. A), 2008; Ord. 817 § 8-3M.644, 2006.]

18.215.150 Zoning districts.

There are four districts distinctive to MPD regulations and four districts common throughout the city that are available for application to lands in MPD areas:

1. Residential 4 (RS-4). A low-density residential district allowing detached single-family homes on lots no less than 7,000 square feet (0.16 acres) at a maximum density of four units per acre.

2. Residential 8 (RS-8). A medium-density residential district allowing detached and attached single-family homes on lots no less than 3,500 square feet (0.08 acres) at a maximum density of eight units per acre.

3. Residential/Commercial 16 (R/C-16). A mixed residential-commercial district allowing high-density residential in combination with retail-oriented and commercial office uses. The maximum residential density is 16 units per acre.

4. Industrial/Research/Office Park (IRO). A district allowing the development of office, research, production or assembly firms, and other complementary uses.

1. Public Lands and Facilities (PLF). A district for the development of open space and public facilities and services. This is a district common throughout the city; refer to Chapter 18.75 TMC for complete details.

2. Commercial. As appropriate, the commercial – neighborhood (CN), central business – highway (CBH), or the commercial – highway (CH) district common throughout the city will be applied to MPD areas. Refer to Division IV of this title for complete details. [Ord. 847 § 2 (Exh. A), 2008; Ord. 817 § 8-3M.651, 2006.]

18.215.160 Density.

Density is an inviolable standard in the MPD process. A zoning district labeled RS-x, for example, permits the development of up to x residential units for any given gross acre in that district. The variable used in conjunction with this standard is a small minimum lot size, which provides the developer of land the flexibility to respond to physical constraints or to target a particular householder by shrinking or enlarging lots.

The following illustrates a simplified scenario using the concept:

Both scenarios show development on the same piece of land. The one on the left is evenly divided into equally sized lots. On the right, there are six townhouse lots and a common open space area. The scenario does not account for right-of-way needs because the CMP will have already accounted for those deductions. [Ord. 847 § 2 (Exh. A), 2008; Ord. 817 § 8-3M.652, 2006.]

18.215.170 Uses.

Table 18.215.170 indicates whether a use is permitted, permitted under the standards and procedures in Chapter 18.150 TMC, conditionally permitted under the standards and procedures in Chapter 18.155 TMC, or not permitted. Chapter 18.20 TMC defines the “use categories” in the table.

Use Categories	Permissibility by District
	RS-4	RS-8	R/C-16
	P = Permitted S = Permitted with Site Plan Review C = Permitted Conditionally = Not Permitted
Residential Categories
Household Living
One-family (not attached)	P	P	P
Accessory dwelling	S	S
Two-family (duplex)	S	P	P
One-family (attached)		S	S
Manufactured home	S	P	P
Zero-lot-line housing	S	S	S
Multiple-family		S	S
Group Living
Group home	S	S	S
Group facility		S	S
Commercial Categories
Bed and breakfast inn	C	S	S
Drive-up, drive-through, drive-in
Home occupation	S	S	S
Office (2,000 sq. ft. or less per use)		S	P
Quick vehicle servicing or vehicle repair
Retail sales and service (2,000 sq. ft. or less per use)			P
Self-service storage
Industrial Categories
Industrial service
Manufacturing and production, enclosed in primary building			C
Warehouse and freight movement
Waste related
Wholesale sales
Institutional Categories
Basic utilities	P	P	P
Daycare, adult or child; does not include family daycare (12 or fewer children) under ORS 657A.250	P	P	P
Parks and open space	C	C	C
Parks and open space identified in a specific area plan or approved as part of a subdivision	P	P	P
Religious institutions and houses of worship	C	C	C
Schools	C	C	C
Other Categories
Accessory Structures (with a Permitted Use)
No taller than 14 ft. and footprint no larger than 1,000 sq. ft.	P	P	P
Taller than 14 ft. or footprint larger than 1,000 sq. ft.	C	C	C
Radio frequency transmission facilities	C	C	C

[Ord. 847 § 2 (Exh. A), 2008; Ord. 817 § 8-3M.653, 2006.]

18.215.180 Lots.

Table 18.215.180 establishes minimums and maximums for density, lot size, coverage, and setback requirements for MPD zoning districts.

Standard	District
Standard	RS-4	RS-8	R/C-16
Density, maximum	4	8	16
Density, minimum	2	4	8
Lot Area, Minimum (in square feet)
One-family, detached	7,000	3,500	3,000
One-family, attached	N/A	2,000	1,500
One-family, with accessory dwelling	7,500	4,000	4,000
Two-family	8,000	6,000	5,000
Multiple-family or condominium	8,000	8,000	8,000
Lot Width, Minimum (in feet)
One-family, detached	50	40	40
One-family, attached	N/A	20	16
Two-family	60	50	50
Multiple-family or condominium	50	50	50
Building Coverage, Maximum
Foundation Plane as Percent of Lot Area
One-family, detached	35	35	35
One-family, attached	N/A	70	70
Two-family	60	60	60
Multiple-family or condominium	60	60	60
Setbacks, Minimum (in feet)
Front
Structure > 18 feet height	16	16	16
Structure ≤ 18 feet height	16	16	16
Exceptions:
Garages and carport entries (in no case may a garage entrance be forward of the front plane of the house)	20	20	20
Open structures (e.g., porch, balcony, portico, patio, wall), where structure is less than 50% enclosed on side elevations	12	12	12
Note: Always avoid utility easements when building near property lines.
Side
Habitable structure ≤ 18 feet height	10	5	5
Habitable structure >18 feet height	12	5	5
Habitable structure (when adjacent to EFU-zoned lot > 10 acres)	See special buffering stds.	See special buffering stds.	See special buffering stds.
Garage/carport entry, except on alleys	20	20	20
Accessory structure	10	5	5
Exceptions:
Alley	5	5	5
Open structures (see definition above)	5	5	5
Common walls	0	0	0
Zero lot line	0 and 20	0 and 15	0 and 10
Rear
Habitable structure	20	16	16
Habitable structure (when adjacent to EFU-zoned lot > 10 acres)	See special buffering stds.	See special buffering stds.	See special buffering stds.
Accessory structure	10	5	5
Exceptions:
Garage on alley	6	6	6
Open structures (see definition above)	5	5	5
Common walls	0	0	0

1. The provision requiring a greater setback for garage entrances facing streets means that the plane of the garage entrance may not be forward of the front plane of the house.

2. The lot width standard applies to the midpoint between front and rear lot lines. The variability at the front and rear lot lines may be only 20 percent of the minimum width required. Example: a trapezoidal lot may be 40 feet wide at the front lot line and 60 feet wide at the rear lot line.

3. Special buffering standards are explained in TMC 18.215.200. [Ord. 847 § 2 (Exh. A), 2008; Ord. 817 § 8-3M.654, 2006.]

18.215.190 Open space.

Open space is vital to the health and welfare of the public. While it is probable that open space will be identified and preserved via CMPs, there may be opportunities to supplement it during development by clustering lots. The reviewing body will observe the following standards when an applicant seeks a development permit:

A. Area added to pre-identified open space is acceptable if it is directly adjacent to that open space and its use will not be hindered by obstructions or intrusions of developed land.

B. The city will not accept maintenance responsibility for any park, open space or preservation area with an extent of less than two acres, unless otherwise approved by the city council. [Ord. 847 § 2 (Exh. A), 2008; Ord. 817 § 8-3M.655, 2006.]

18.215.200 Buffering.

MPD areas may be adjacent to EFU zoning districts. In order to reduce conflict between urban and rural uses, the buffering standards adopted for application to Regional Problem Solving-identified URAs will apply.

For other buffering requirements, see TMC 18.90.190 and 18.105.050. [Ord. 847 § 2 (Exh. A), 2008; Ord. 817 § 8-3M.656, 2006.]

18.215.210 Reference to other zoning standards.

A. Except where otherwise specified, the site development standards in Division VIII of this title apply to MPD areas.

B. The riparian and wetland protection standards in Chapter 18.85 TMC apply unless specifically addressed during development of the conceptual master plan. [Ord. 847 § 2 (Exh. A), 2008; Ord. 817 § 8-3M.659, 2006.]

18.215.220 Interpretations.

For any term, phrase, or word not defined in TMC 18.215.230, refer to Chapter 18.15 TMC. If not found in either place, the city shall base its interpretations on the appropriate definition found in the current edition of Merriam-Webster’s Collegiate Dictionary. [Ord. 847 § 2 (Exh. A), 2008; Ord. 817 § 8-3M.661, 2006.]

18.215.230 Definitions.

Accessory Uses and Buildings. Accessory uses, buildings or other structures customarily incidental to and commonly associated with a permitted use, provisional use or conditional use are permitted, provided they are operated and maintained according to the following standards:

1. The accessory use is subordinate to the principal use of the property and contributes to the comfort, convenience or necessity of occupants, customers, or employees of the principal use;

2. The accessory use, building or structure is under the same ownership as the principal use or uses on the property;

3. The accessory use, building or structure does not include structures, structural features, or activities inconsistent with the uses to which they are accessory;

4. Except for approved off-street parking located on a separate lot, the accessory use, building, or structure is located on the same lot as the principal use or uses to which it is accessory; and

5. The accessory use, building, or structure conforms to the applicable base zone regulations and to the specific approval criteria and development standards contained in this title.

“Annexation” means the process of incorporating land into a city’s municipal boundary.

“Building coverage” means the same as defined in TMC 18.90.040.

“Comprehensive plan” means the guiding document for development of the city. It maps the land use areas of the city in a general fashion.

Conceptual Master Plan (CMP). This is:

1. The map showing existing features, prospective streets, open spaces, densities, developable acreages, and uses; and

2. The text describing the plan objectives, obstacles, opportunities, and so forth. It is the plan that the city adopts when it includes land in its urban growth boundary.

“Density” pertains to residential development. It expresses the number of primary dwelling units per unit area of land – in this case, an acre (43,560 square feet).

“Lot, zero lot line” means a lot with a side setback of zero on one side and more than zero on the opposite side. The zero side may not be adjacent to a right-of-way, such as on a corner lot. No one may plat a zero-lot-line lot without including an easement on the abutting lot for the purpose of access for maintenance of the side of the structure facing the abutting lot.

“Master plan zoning district” means a zoning district that contains a variety of uses and dimensional standards arranged into intensity subcategories. See RS-4, RS-8 and R/C-16 descriptions under TMC 18.215.150.

“Specific area plan” is the term applied to the conceptual master plan after it has been adopted through a UGBA, at which point it becomes part of the comprehensive plan.

“Structure, open” means a porch, balcony, portico, patio, wall, or similar, where such structure is less than 50 percent enclosed on side elevations. If an object does not fit this definition it is defined as a building or structure with respect to setbacks and coverage.

“Subdivision plat” means a plat of subdivision that embodies the master plan.

“Urban growth boundary (UGB)” means an area of land that a city may annex for development. It is established in conjunction with the county where the city lies and is acknowledged (accepted) by the Land Conservation and Development Commission (LCDC).

“Urban growth boundary amendment (UGBA)” means the process of changing the city’s urban growth boundary. This is also an amendment to a city’s comprehensive plan.

“Urban reserve area (URA)” means land outside of an urban growth boundary identified as highest priority for inclusion in the urban growth boundary when the boundary is expanded in accordance with Goal 14 (OAR 660-021-0010(1)). “Cities and counties cooperatively ... may designate urban reserve areas under the requirements of [OAR 660-021], in co-ordination with special districts listed in OAR 660-021-0050(2) and other affected local governments, including neighboring cities within two miles of the urban growth boundary” (OAR 660-021-0020). [Ord. 847 § 2 (Exh. A), 2008; Ord. 817 § 8-3M.662, 2006.]

18.215.240 Acronyms.

“CMP” means conceptual master plan.

“DLCD” means Department of Land Conservation and Development.

“LCDC” means Land Conservation and Development Commission.

“UGBA” means urban growth boundary amendment.

“URA” means urban reserve area. [Ord. 847 § 2 (Exh. A), 2008; Ord. 817 § 8-3M.663, 2006.]

18.215.250 Procedure.

There are some infill sites in the city and UGB that would benefit from the flexibility offered by these regulations. With the deletion of planned unit development regulations from Division XI of this title, the preceding articles of this chapter can be employed to infill sites in the following manner:

A. Areas in UGB but Not in City Limits. For property wishing to annex to the city and utilize this chapter, the application will follow the procedures from Chapter 18.200 TMC onward, with the exception that the applicant will produce a CMP in consultation with staff. The planning commission will make findings with respect to the comprehensive plan and the CMP’s interpretation of it.

B. Areas in the City. For property wishing to develop utilizing this chapter, the application will follow the procedures from Chapter 18.205 TMC onward, with the exception that the applicant will produce a CMP in consultation with staff and apply for a rezoning to an MPD zoning district that is compatible with adjacent zoning. The planning commission will make findings with respect to the comprehensive plan and the CMP’s interpretation of it. [Ord. 847 § 2 (Exh. A), 2008; Ord. 817 § 8-3M.671, 2006.]

Talent City Zoning Code

Division XI

Administration

18.190 Procedures for Review of Applications and Appeals

18.195 Nonconforming Uses, Lots and Structures

18.200 Annexation

B. The director, in a report to the commission and council, shall justify the inclusion of any parcels other than the parcel for which the petition is filed.

18.210 Vacation

[Reserved]

18.215 UGB Amendment and Master-Planned Development

18.190.010 Purpose.

18.190.020 Description of permit procedure.

Access Permit (Public Street)	Type I	Chapter 18.115 TMC	Access and Circulation
Accessory Dwelling Unit	Type I	Chapter 18.165 TMC	ADU
Annexation	Type IV	Chapter 18.200 TMC and city/county IGA
Comprehensive Plan Amendment	Type IV	Chapter 18.190 TMC, comprehensive plan
Conditional Use Permit	Type III	Chapter 18.155 TMC	Conditional Uses
Design Review	Type II, III	Chapter 18.175 TMC	Historic Preservation
Home Occupation	Type I	Chapter 18.170 TMC	Home Occupation
Lot Line Adjustment	Type I	TMC 17.25.010
Minor Land Partition	Type II	TMC Title 17	Subdivision Code
Nonconforming Use	Type I	Chapter 18.195 TMC	Nonconforming Lots, Uses and Structures
Planning Inquiry	Type I
Public Tree Removal	Type I	Chapter 18.100 TMC	Trees and Landscaping
Rezoning	Type IV	Chapter 18.190 TMC	Procedures
Sign Permit	Type I, III	Chapter 18.120 TMC	Signs
Site Development Plan Review (Minor and Major)	Type II, III	Chapter 18.150 TMC	Site Development Plan Review
Subdivision	Type II	TMC Title 17	Subdivision Code
Temporary Use Permit	Type II, III	various
Use Interpretation	Type I, II	TMC 18.20.020(A)(2)
Variance	Type III, IV	Chapter 18.160 TMC
Zoning Clearance or Permit	Type I	TMC 18.190.030
Zoning Code Amendment	Type IV	TMC 18.190.060	Procedures