Variance and adjustment procedures are intended to allow modifications of specific standards when the approval authority finds that approval criteria are satisfied. A variance or adjustment shall not be granted if the effect is to vary the uses permitted in the zoning district, definitions, or the residential density.

A.

Adjustment. An adjustment is a request for a ten percent increase or decrease in a quantitative provision of this title. The City Administrator may grant an adjustment through a Type II procedure if all of the following criteria are satisfied:

1.

Granting the adjustment will equally or better meet the purpose of the regulation to be modified.

2.

If in a residential district, the proposal will not significantly detract from the livability or appearance of the residential area. If in a commercial or industrial district, the proposal will be consistent with the desired character of the area.

3.

If more than one adjustment is requested, the cumulative effect of the adjustments will result in a project that is still consistent with the overall purpose of the district.

4.

Any impacts resulting from the adjustment are mitigated to the extent practical.

5.

Granting the adjustment is the minimum necessary to allow the use of the site.

B.

Variance. A variance is a request for more than a ten percent modification of a quantitative standard or qualitative criteria in this title. The Planning Commission may grant an adjustment through a Type III procedure if all the following criteria are satisfied:

1.

The need for the adjustment is beyond the applicant's control.

2.

To meet the need, the request is the minimum necessary variation from the requirement.

3.

There are development constraints associated with the property or the present use or permitted use of the property which make development of a permitted use impractical, or the variance is needed to allow the applicant to enjoy a substantial property right possessed by a majority of property owners in the same vicinity.

4.

Either the circumstances that apply to the site or the present or a permitted use of the site do not typically apply to other properties in the same vicinity or district, and are unique or unusual; or it would be more detrimental to the public safety or more injurious to the public welfare to apply the requirement than to grant the proposed variance.

5.

If more than one variance is requested, or a variance and adjustment, the cumulative effect of the requests will result in a project that is still consistent with the overall purpose of the district.

6.

The variance does not circumvent the purpose of the requirement or any provision of the Comprehensive Plan.

(Ord. No. 688, 6-15-1999)

The purpose of site review is to provide a process to review proposals to verify compliance with requirements of this title, including requirements of this section, and any other applicable provisions of this Code.

A.

General provisions.

1.

Applicability. Site review is required for multi-family residential, commercial, and industrial developments as specified in each zoning district.

2.

Procedure. Site review is a Type II permit, unless incorporated into a Type III review such as a community services or conditional use permit.

3.

Exemptions. The following developments are exempt from site review:

a.

Single-family dwellings, manufactured homes on individual lots, and duplexes.

b.

A development that adds less than 25 percent to existing floor area or outdoor use area when the primary use on the site remains unchanged and required parking does not increase.

c.

An addition to an existing development when the primary use on the site remains unchanged.

B.

Application.

1.

Submission. The applicant shall submit at least six copies of a narrative, plans, and drawings that describe the proposed development. A traffic impact analysis (TIA), as established in Section 10-11-10 of this title, shall also be submitted pursuant to applicability requirements in subsection 10-11-10 B. of this title. Information specified by Chapter 14 of this title and this section may be combined and provided in narrative form or on plans and maps so long as required information is clear and understandable. Additional copies of documents and plans will be required for a Type III review.

2.

Site design criteria and standards for residential developments. The following requirements are in addition to any requirements specified in the applicable zoning district:

a.

Landscaping shall be provided as specified in the zoning district. Landscaped areas shall be provided with automatic irrigation unless a qualified landscape professional certifies that plants will survive without irrigation.

b.

Front facades and points of entry shall generally be oriented to the fronting street, not to a parking lot.

c.

Front facades facing the street shall contain windows for primary living areas.

d.

Front facades of structures shall include horizontal offsets or design features, such as porches, gables, columns, and similar architectural features, at intervals of no less than 100 feet to visually enhance long walls.

e.

On site parking shall not be located between street frontage dwellings and an abutting right-of-way. Required parking shall be located beside or behind dwelling structures.

f.

Attached garages shall be located at least four feet behind the front facade and at least 18 feet from a public right-of-way.

g.

Private outdoor space shall be provided for all dwellings as either a deck, porch, patio or similar space, at least 80 square feet in area and enclosed, screened, or otherwise designed to provide privacy. Second floor residential uses in the downtown commercial district are exempt from this requirement.

h.

Exterior garbage collection areas shall be screened with a six-foot-high sight obscuring fence or wall or comparable vegetation.

i.

Based on anticipated vehicle and pedestrian traffic and the condition of adjacent streets and rights-of-way, the City may require right-of-way improvements including, but not limited to, paving, curbs, sidewalks, bikeways, lighting, turn lanes, and other facilities needed because of anticipated vehicle and pedestrian traffic generation.

j.

Outdoor storage facilities with an area of at least 24 square feet, at least six feet high, fully enclosed, and capable of being locked, shall be provided for each dwelling unit. Residential uses in the downtown commercial district are exempt from this requirement.

k.

Private on site driveways shall be constructed with sufficient width and suitable paving to support anticipated traffic volume and loads.

l.

A continuous, on site pedestrian system shall be provided that links the front doors of all dwellings with the abutting street, the parking area, and any on site features such as a swimming pool, laundry, on site open space, etc. Walkways shall maintain a clear width of at least five feet and shall be separated from vehicles by curbs, planter strips, or similar barriers. Walkways through parking areas or crossing driveways shall be clearly identified by a different material or pavement markings or both. Walkways shall also provide direct and convenient connections to schools, parks, shopping areas, or other destinations within the vicinity as possible. Walkways shall be in clearly visible locations to promote safety. Walkways shall be hard surfaced.

3.

Site design criteria and standards for nonresidential developments. The following requirements are in addition to any requirements specified in the applicable zoning district:

a.

Landscaped areas shall be provided with automatic irrigation unless a landscape architect certifies that plants will survive without irrigation.

b.

Landscaping shall be located along street frontages and building fronts to enhance the street appearance of a development.

c.

Outdoor storage and garbage collection areas shall be entirely screened with vegetation, fence, or wall.

d.

Based on anticipated vehicle and pedestrian traffic and the condition of adjacent streets and rights-of-way, the City may require right-of-way improvements including, but not limited to, paving, curbs, sidewalks, bikeways, lighting, turn lanes, and other facilities needed because of anticipated vehicle and pedestrian traffic generation. Minimum requirements shall conform to the standards of subsection 11-4-2 C. of this Code, minimum street standards and the public works standards.

e.

Access shall generally be taken from the higher classification street when a development fronts more than one street, except in the case of developments along Highway 730, which shall take access from an alley or a side street unless there is no alternative.

f.

Developments shall provide an on site pedestrian circulation system that connects building entrances, public sidewalks, bicycle and automobile parking areas, and parts of the site or abutting properties that may attract pedestrians. Walkways shall maintain a clear width of at least five feet and shall be separated from vehicles by curbs, raised bumpers, planter strips, or similar barriers. Walkways through parking areas or crossing driveways shall be clearly identified by a different material or pavement markings or both. Walkways shall be in clearly visible locations to promote safety. Walkways shall be hard surfaced.

g.

The primary building and entry orientation shall be to the fronting street rather than a parking lot.

h.

All buildings shall incorporate ground floor windows along street facades, with at least 20 percent of any wall within 30 feet of a street consisting of display areas, windows, or doorways.

i.

Building facades facing a street shall include changes in relief such as cornices, columns, gables, bay windows, recessed entries, or similar architectural or decorative elements.

j.

A drive-through use shall be oriented to the side or rear of a building and shall be designed to minimize conflicts with pedestrians and vehicles.

4.

Access standards for all uses.

a.

New connections. New connections shall not be permitted within the functional area of an intersection or interchange as defined by the connection spacing standards of this title and public works standards, unless no other reasonable access to the property is available.

b.

Access connections. Where no other alternative exists, the City Administrator may allow construction of an access connection along the property line farthest from the intersection. In such cases, directional connections (i.e., right in/out, right in only, or right out only) may be required.

c.

Cross access drives, pedestrian access. Adjacent commercial or office properties such as shopping plazas and office parks that are major traffic generators shall provide a cross access drive and pedestrian access to allow circulation between sites.

d.

Separation distance. The City may reduce the required separation distance of access points where they prove impractical, provided all of the following requirements are met:

(1)

Joint access driveways and cross access easements are provided.

(2)

The site plan incorporates a unified access and circulation system.

(3)

The property owner enters into a written agreement with the City, recorded with the deed, that preexisting connections on the site will be closed and eliminated after construction of each side of a joint use driveway.

(4)

The City may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make a development of a unified or shared access and circulation system impractical.

e.

Driveway standards. Driveways shall meet the following standards:

(1)

If the driveway is one way in or out, the minimum width shall be ten feet and appropriate sign(s) designating the driveway as a one-way connection shall be provided.

(2)

For two-way access, each lane shall have a minimum width of ten feet.

(3)

The length of a driveway shall be designed in accordance with the anticipated storage length of entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on site circulation.

f.

Phased developments. Development sites under the same ownership or consolidated for the purpose of development and comprising more than one building site, shall be reviewed as a single property for the purposes of complying with access standards. The number of access points permitted shall be the minimum number necessary to provide reasonable access to the site, not the minimum for that frontage.

g.

Nonconforming access features. Legal access connections in place when this title was adopted that do not conform with the standards herein are considered nonconforming features and shall be brought into compliance with applicable standards when new access connection permits are requested or when there is a change in use or enlargement or improvement that will increase trip generation.

h.

Reverse frontage. Lots that front on more than one street shall be required to locate motor vehicle accesses on the street with the lower functional classification. This requirement may be waived or modified when a commercial or industrial use would be required to take access from a street in a residential neighborhood.

i.

Review by the Oregon State Department of Transportation. Any application that involves access to the state highway system shall be reviewed by the Oregon Department of Transportation for conformance with state access management standards. In the I-82/U.S. 730 Interchange Area Management Plan (IAMP) management area, proposed access shall be consistent with the access management plan in Section 7 of the IAMP.

(Ord. No. 688, 6-15-1999; Ord. No. 710, 5-7-2002; Ord. No. 766, 12-6-2011; Ord. No. 840, 9-3-2019)

Cross reference— Adoption of public works standards, § 7-1-1.

A.

Type IV procedure. Amendments to the zoning title text or official map are considered a Type IV procedure. A map change may be legislative or quasi-judicial, depending on the number of properties and area involved. A text change is always a legislative decision.

B.

Initiation of application. An application may be initiated by a property owner or authorized agent, the Planning Commission, or the City Council.

C.

Narrative, identification required. An application shall include a narrative that demonstrates compliance with the approval criteria and a site and vicinity map identifying the property and adjacent properties. A traffic impact analysis (TIA), pursuant to Section 10-11-10 of this title, shall also be submitted with all plan and zoning amendment applications.

D.

Approval criteria. An amendment to this title or official map shall comply with the following criteria:

1.

The proposed designation is consistent with and supports the purposes of the portions of the City's comprehensive plan not proposed for amendment, or circumstances have changed to justify a change in the comprehensive plan.

2.

The proposed change will not affect the land supply for the existing zoning designation as related to projected need for the particular land use.

3.

The proposed designation will not negatively impact existing or planned public facilities and services. In particular, pursuant to the Oregon transportation planning rule, proposed text and map amendments shall determine whether the proposed change will significantly affect a collector or arterial transportation facility and must comply with the requirements of Oregon Administrative Rule (OAR) 660-012-0060 as applicable. In the I-82/U.S. 730 Interchange Area Management Plan (IAMP) management area, proposed access shall be consistent with the access management plan in Section 7 of the IAMP.

4.

The site is suitable for the proposed use, considering the topography, adjacent streets, access, size of the site, availability of public facilities, and any other pertinent physical features.

5.

Other sites in the City or the vicinity are unsuitable for the proposed use. In other words, ownership and desire to develop a particular use in themselves provide insufficient rationale for changing a zoning designation that does not support the interests of the City as a whole.

(Ord. No. 688, 6-15-1999; Ord. No. 766, 12-6-2011)

A.

Initiation; Type IV procedure. An annexation may be initiated by the City or a property owner or owners, and is a quasi-judicial decision considered as a Type IV procedure.

B.

Zoning designation. Territory proposed to be annexed shall be assigned a zoning designation that most closely corresponds to the comprehensive plan designation unless an amendment to the zoning map is proposed and considered as set forth in Section 10-13-3 of this chapter.

C.

Approval criteria. A decision on an annexation proposal shall be based on whether:

1.

The site is within the urban growth boundary for the City.

2.

It is economically and technically feasible to provide services to the area.

3.

The proposal is consistent with the comprehensive plan or substantial changes in conditions have occurred which render the plan inapplicable to the annexation.

(Ord. No. 688, 6-15-1999)