HomeMy WebLinkAboutAgenda Item - 2020-01-07 - Number 9.1 - Annual CDC Amendments
503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city
Subject: Ordinance 2832, an ordinance of the Lake Oswego City Council amending LOC
Chapter 50 (Community Development Code) for the purpose of clarifying and updating
various provisions (2019) and adopting findings. (LU 19-0033)
Meeting Date: January 7, 2020 Staff Member: David Powell, City Attorney
Action Required Advisory Board/Commission Recommendation
☒ Motion ☒ Approval ☐ Public Hearing ☐ Denial
☒ Ordinance ☐ None Forwarded ☐ Resolution ☐ Not Applicable ☐ Information Only Comments:
☐ Council Direction ☐ Consent Agenda
Staff Recommendation:
Enact Ordinance 2832 finalizing the City Council’s tentative decision to adopt the 2019 annual
Community Development Code amendments
Recommended Language for Motion:
Move to enact Ordinance 2832
Project / Issue Relates To:
☐Council Goals/Priorities
☐Adopted Master Plan(s)
☒Not Applicable
BACKGROUND/DISCUSSION
On December 17, 2019, following a public hearing, the City Council tentatively decided to
accept the Planning Commission’s recommendation and approve the 2019 annual amendments
clarifying and updating the Community Development Code (LOC Chapter 50). Attached
Ordinance 2832 finalizes this tentative decision and adopts findings and conclusions.
RECOMMENDATION
Enact Ordinance 2832 adopting the 2019 annual amendments clarifying and updating the
Community Development Code
9.1
Page 2
503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city
ATTACHMENTS
• Ordinance 2832
o Findings and Conclusions (Attachment 1 to the Ordinance)
o Amended Code Text (Attachment 2 to the Ordinance)
DRAFT 11/27/19
Ordinance 2832 (LU 19-0033) PAGE 1
ORDINANCE 2832
AN ORDINANCE OF THE LAKE OSWEGO CITY COUNCIL AMENDING LOC CHAPTER 50
(COMMUNITY DEVELOPMENT CODE) FOR THE PURPOSE OF CLARIFYING AND UPDATING
VARIOUS PROVISIONS (2019); AND, ADOPTING FINDINGS (LU 19-0033).
WHEREAS, notice of the public hearing for consideration of this Ordinance was duly given in the
manner required by law; and
WHEREAS, a public hearing before the Planning Commission was held on November 13, 2019,
at which the staff report, testimony, and evidence were received and considered; and
WHEREAS, the Planning Commission has recommended that LU 19-0033 be approved by the
City Council; and
WHEREAS, a public hearing on LU 19-0033 was held before the City Council of the City of Lake
Oswego on December 17, 2019, at which the staff report, testimony, and evidence were
received and considered; and
WHEREAS, through the application of the Community Development Code and related code
provisions, the public and Planning Division staff have found that some sections of the Lake
Oswego Code, Chapter 50 (Community Development Code) could be improved by removing
ambiguous and conflicting language, correcting provisions, adding clarifying text which is
consistent with past interpretations, and updating the Community Development Code; and
WHEREAS, the amendments by this Ordinance relate to the following provisions of the
Community Development Code:
• Nonconforming Regulations for Non-Residential Structures;
• Special Street Setbacks and Required Yards;
• Downtown Redevelopment Design (DRD) District Storefront Windows;
• Lake Grove Village Overlay Storefront Windows, Lighting, and Invasive Trees;
• Residential Building Design Standards For Setback Planes;
• Housing Design Standards For Storefront Windows (Clear and Objective);
• Commercial Tandem Parking Standards;
• Street Connectivity Standards;
• Lighting Standard Applicability;
• Accessory Dwelling Unit (ADU) Standards, Procedures, and Definition;
• Public Notice For Other Jurisdictions;
• Neighborhood Association Appeal Fee Waiver Requirements;
• Ministerial and Minor Development Classifications;
• Conditional Use Permit Expiration Deadlines;
• Major Public Facility Expiration Deadlines;
• Flag Lot Standards for Access Lanes;
DRAFT 11/27/19
Ordinance 2832 (LU 19-0033) PAGE 2
• General And DRD Specific Design Variance Standards For Applicability; and
• Modify or Add Definitions for Floor Area, Lot Coverage, Lot Size or Lot Area, Caliper or
Caliper Inch, and Diameter at Breast Height or DBH;
The City of Lake Oswego ordains as follows:
Section 1. The City Council hereby adopts the Findings and Conclusions (LU 19-0033), attached
as Attachment 1.
Section 2. The Lake Oswego Code, Chapter 50 (Community Development Code) is hereby
amended by deleting the text shown by strikethrough type and adding new text shown in double
underlined type, in Attachment 2. (Sections or subsections within LOC Chapter 50 that are
omitted in Attachment 2, and not marked for deletion or addition, are neither amended nor
deleted by this Ordinance.)
Section 3. Severability. The provisions of this ordinance are severable. If any portion of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance.
Section 4. Effective Date. As provided in Section 35C of Chapter VII of the Lake Oswego Charter,
this ordinance shall take effect on the 30th day following enactment.
Enacted at the meeting of the City Council of the City of Lake Oswego held on the 7th day of
January 2020.
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DRAFT 11/27/19
Ordinance 2832 (LU 19-0033) PAGE 3
AYES:
NOES:
ABSTAIN:
EXCUSED:
______________________________________
Kent Studebaker, Mayor
Dated: ____________________________
ATTEST:
______________________________________
Anne-Marie Simpson, City Recorder
APPROVED AS TO FORM:
___________________________
David D. Powell, City Attorney
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ATTACHMENT 1/PAGE 1 – FINDINGS AND CONCLUSIONS (LU 19-0033)
BEFORE THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO A REQUEST FOR AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE FOR THE PURPOSE OF CLARIFYING AND UPDATING VARIOUS PROVISIONS (2019), AND ADOPTING FINDINGS.
LU 19-0033 CITY OF LAKE OSWEGO FINDINGS AND CONCLUSIONS
NATURE OF PROCEEDINGS
This matter came before the Lake Oswego City Council on the recommendation of the
Planning Commission for legislative amendments to the Community Development Code (CDC)
for the purpose of clarifying and updating various provisions. The proposed amendments are
to:
LOC 50.01.006 – Nonconforming Standards
LOC 50.03.004 – Accessory Dwelling Unit Standards
LOC 50.04.002 – Special Street Setbacks
LOC 50.05.004 – Downtown Redevelopment Design District
LOC 50.05.007 – Lake Grove Village Center Overlay
LOC 50.06.001 – Building Design Standards
LOC 50.06.002 – Parking Standards
LOC 50.06.003.4 – Street Connectivity Standards
LOC 50.06.004.3 – Lighting Standards
LOC 50.07.003 – Review and Procedures
LOC 50.07.005 – Conditional Use Standards
LOC 50.07.006 – Overall Development Plan and Schedule
LOC 50.07.007 – Flag Lot Standards
LOC 50.08.003.2 – Design Variance Standards
LOC 50.10.003.2 – Definitions
HEARINGS
The Planning Commission held a public hearing and considered this application at its
ATTACHMENT 1
LU 19-0033
(Ordinance 2832)
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ATTACHMENT 1/PAGE 2 – FINDINGS AND CONCLUSIONS (LU 19-0033)
meeting on November 13, 2019. The Commission adopted its Findings, Conclusion and Order
recommending approval of LU 19-0033 on November 25, 2019.
The City Council held a public hearing and considered the Commission’s
recommendation on December 17, 2019.
The following information was presented to the Council at its hearing and added to the
record:
G-4 Letter from Housing Land Advocates & Fair Housing Council of Oregon, dated
12/12/19
CRITERIA AND STANDARDS
A. City of Lake Oswego Comprehensive Plan
Community Culture – Civic Engagement, Policies 1, 2, 4 and 5
Land Use Planning – Land Use Administration, Policy D-1
Inspiring Spaces and Places – Goal 1, Policy 1(a)
B. City of Lake Oswego Community Development Code
LOC 50.07.003.3.c. Published Notice for Legislative Hearing
LOC 50.07.003.16.a Legislative Decisions Defined
LOC 50.07.003.16.b Criteria for Legislative Decision
LOC 50.07.003.16.c Required Notice to DLCD
LOC 50.07.003.16.d.iii Planning Commission Recommendation Required
LOC 50.07.003.16.e City Council Review and Decision FINDINGS AND REASONS
The City Council incorporates the Planning Commission staff report dated October 9,
2019 for LU 19-0033, with all exhibits, and the Findings and Reasons in the Commission’s
November 25, 2019 Findings, Conclusions and Order, as support for the Council’s decision. In
the event of any inconsistency between the supplementary matter herein and the staff report,
the matter herein controls.
Following are the supplementary findings and conclusions of this Council:
Exhibit G-4: Letter from Housing Land Advocates and Fair Housing Council of Oregon.
In response to the issues raised in the letter, the City Council finds that the proposed
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ATTACHMENT 1/PAGE 3 – FINDINGS AND CONCLUSIONS (LU 19-0033)
amendments are to the Community Development Code and not to the Comprehensive Plan or
Map. Further, the amendments comply with the applicable Comprehensive Plan goals and
policies as detailed in the October 9, 2019 staff report, which was available for public review 35
days prior to the initial public hearing before the Planning Commission.
The Legislature’s enactment of House Bill 2001, Sec. 7 (2019), and the Governor’s
signature on August 8, 2019, immediately preempted and nullified the local Accessory Dwelling
Unit (ADU) additional parking and owner-occupancy requirements by amendment of ORS
197.312(5)(b). The Council finds that HB 2001 did not condition the statutory preemption of
local ADU additional parking and owner-occupancy requirements upon additional local
revisions to the existing ADU requirements or a determination of whether or not the statutory
preemption – as applied locally -- would cause unreasonable cost or delay in the potential
construction of an ADU. The Council finds the City code provisions regarding ADU additional
parking and owner-occupancy requirements were preempted by HB 2001 effective August 8,
2019, and are now of no legal effect. The removal the ADU additional parking and owner-
occupancy requirements from the City code is to remove code provisions that are pre-empted
by state law, to avoid public and staff confusion. Further, the assertion that the proposed
amendments do not comply with ORS 197.312(5) is incorrect as only provisions within the
existing Code language are cited in support of that assertion, not the amendments.
Statewide Planning Goal 10 (and the Complete Neighborhoods and Housing Goal in the
City’s Comprehensive Plan) ensures the opportunity to provide adequate numbers of needed
housing units, the efficient use of buildable land within urban growth boundaries, and
implementation measures that promote certainty in the development process to help reduce
housing costs. The City Council finds that none of the proposed amendments under Ordinance
2832 will impact the city’s buildable lands inventory or the availability of needed housing within
the City, and that compliance with Statewide Goal 10 (and the corresponding Complete
Neighborhoods and Housing Goal) will be maintained.
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ATTACHMENT 1/PAGE 4 – FINDINGS AND CONCLUSIONS (LU 19-0033)
CONCLUSION
The City Council concludes that LU 19-0033, as recommended by the Planning
Commission, complies with all applicable criteria and should be approved. The Council also
concludes that proposed Ordinance 2832, which implements LU 19-0033, should be enacted.
LU 19-0033 (12/27/19) ATTACHMENT 2 (ORDINANCE 2832)/PAGE 1 OF 28
LOC 50.01.006.4.b.ii
4. DAMAGE AND RECONSTRUCTION OF NONCONFORMING STRUCTURES
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b. Structures Other Than Single-Family or Duplex Dwellings, Accessory Structures, and Historic Landmarks
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ii. Ability to Construct or Reconstruct Nonconforming Structure
(1) Damage to Nonconforming Structures of Less than 50% of the Structure Replacement Cost
Subject to the time limitation in subsection 4.c of this section, if If a nonconforming structure is
damaged from any cause to the extent that the cost of rebuilding the damaged portions is less than 50%
of the current replacement cost of the entire building, the rebuilding may be reconstructed to the extent
that it was nonconforming, except that no portion of the structure shall be reconstructed in the flood
management area.
(2) Damage to Nonconforming Structures of More than 50% of the Structure Replacement Cost
Subject to the time limitation in subsection 4.c of this section, if If nonconforming structure is damaged
from any cause to the extent that the cost of rebuilding the damaged portions is 50% or more of the
current replacement cost of the entire building, the rebuilding shall conform to City codes and
standards.
ATTACHMENT 2
(Ordinance 2832)
LU 19-0033
LU 19-0033 (12/27/19) ATTACHMENT 2 (ORDINANCE 2832)/PAGE 2 OF 28
LOC 50.03.004.1.b.vi(1)
vi. Accessory Dwelling Unit
(1) Generally Applicable Standards
An accessory dwelling unit (ADU) may be allowed in conjunction with a single-family dwelling by conversion
of existing floor area, by means of an addition, or as an accessory structure on the same lot with an existing
dwelling, when the following conditions are met:
(a) The site is large enough to allow one off-street parking space for the accessory dwelling unit in
addition to the required parking for the primary dwelling. The required parking for the ADU may be
located within the front yard setback on an existing driveway provided the parking does not encroach
into the public right-of-way.
(ab) Public services are to serve both dwelling units.
(bc) The maximum size of the ADU is limited to 800 sq. ft. of gross floor area, except where a portion
of a dwelling existing as of August 2, 2018, is converted to an ADU up to 200 sq. ft. of floor area
consisting of circulation areas (halls, stairs, etc.), chimneys, and heating and ventilation systems is
excluded from the gross floor area calculation.
(cd) No more than one additional unit is allowed.
(de) The unit is in conformance with the site development requirements of the underlying zone,
including any allowed adjustments and additions listed in the base zone, or is located within a lawful
nonconforming structure, or the ADU is located in a structure that was previously granted a variance
pursuant to LOC Article 50.08 (provided, that any variance for the structure was not obtained solely to
locate an ADU on the site; the inability to site an ADU on a parcel is not an unnecessary hardship).
(f) One unit shall be owner-occupied/the principal residence of the property owner. The owner shall
be required to record a declaration of restrictive use in the appropriate County Clerk deed records prior
to issuance of a building permit for the ADU on the lot. The declaration shall state that use of the parcel
is subject to compliance with the City of Lake Oswego’s ADU requirements, including the requirement
that one of the dwellings on the lot be owner-occupied/the principal residence of the property owner,
in order to permit usage of an ADU on the lot.
(eg) The following standards shall be met where a detached ADU is placed less than ten ft. to a
property line:
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(fh) For an internal conversion ADU, the required separate entrance to the ADU shall not be placed on
the front facade of the existing house. No variance to this limitation is permitted.
LU 19-0033 (12/27/19) ATTACHMENT 2 (ORDINANCE 2832)/PAGE 3 OF 28
LOC 50.04.002.3
3. METHOD OF MEASUREMENT
The special street setback (SSS) shall be measured from the special street setback SSS reference line (as
established pursuant to LOC 42.03.135), the prescribed special setback distance in LOC 50.04.002.5. On these
streets, the front yard begins at either the front lot line or the SSS, whichever is furthest from the reference
line.
LU 19-0033 (12/27/19) ATTACHMENT 2 (ORDINANCE 2832)/PAGE 4 OF 28
LOC 50.05.004.6.b
b. Storefront Appearance Required
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In addition, such design shall maximize the opportunity for window shopping through compliance with the
following requirements:
i. A minimum of 80% (linear measurement) of the exterior ground floor façade abutting pedestrian ways
shall be designed as storefront with display windows and entry features.
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LU 19-0033 (12/27/19) ATTACHMENT 2 (ORDINANCE 2832)/PAGE 5 OF 28
LOC 50.05.007.5.i.iv
iv. Storefront Window
Purpose: These standards provide a storefront appearance on the ground floor and maximize the
opportunity for window shopping.
The following standards apply to commercial development at Urban Streetfront Environment locations
designated as Storefront Window Boones Ferry Road and Storefront Window Village Cross Street on the
Village Character Map, Figure 50.05.007-D: Village Character Map.
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(3) A minimum of 65% (linear measurement) of the exterior ground floor façade that is at or within
the build-to line or abutting public plazas shall be designed as storefront with windows and entry
features.
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LU 19-0033 (12/27/19) ATTACHMENT 2 (ORDINANCE 2832)/PAGE 6 OF 28
LOC 50.05.007.7.c.iii(5)
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iii. General Standards for Village Commons Area and Village Gathering Places
The Village Commons Area and Village Gathering Places shall:
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(5) Include lighting consistent with the sidewalk lighting on Boones Ferry Road Lake Grove Village
design theme. Lighting shall be directed away from adjoining residentially zoned neighborhoods and
shall be designed to incorporate dark sky standards.
LU 19-0033 (12/27/19) ATTACHMENT 2 (ORDINANCE 2832)/PAGE 7 OF 28
LOC 50.05.007.7.e.i
e. Park Streetfront Environment
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i. Tree Retention
No tree with a trunk of at least eight in. DBH located within 30 ft. of the Kruse Way right-of-way or within
20 ft. of any other public street right-of-way shall be removed unless determined to be invasive, dead, or
hazardous pursuant to LOC Chapter 55, Trees, or located within area required to provide the separated
pathway and retaining wall set forth in subsection 7.e.iii of this section, Crossroads Gateway Special
Requirements.
LU 19-0033 (12/27/19) ATTACHMENT 2 (ORDINANCE 2832)/PAGE 8 OF 28
LOC 50.06.001.2.c and 2.e
c. Street Front Setback Plane Exceptions
i. Roof Form
Any individual roof form, such as a dormer or gable end, may penetrate the street front setback plane if it
is less than one-third of the structure width, as illustrated in Figure 50.06.001-B: Exceptions to Street Front
Setback Plane. Two or more separate and distinct roof forms, such as dormers may project into penetrate
the street front setback plane if they are less than one-half of the structure width. For the purposes of
this standard, a projecting dormer(s) must be enclosed in the roof form on at least two sides. All
portions of a compliant dormer may project.
Figure 50.06.001-B: Exceptions to Street Front Setback Plane
Note to Council and Codifier:
DELETE OLD GRAPHIC
AND REPLACE WITH FOLLOWING NEW GRAPHIC
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ii. ProjectionsPlane Extension Limitations
Any eaves, bay windows, chimneys and other decorative features, front porch, cornices, eaves, gutters,
belt courses, leaders, sills, pilasters, lintels, ornamental features, and other architectural features,
LU 19-0033 (12/27/19) ATTACHMENT 2 (ORDINANCE 2832)/PAGE 9 OF 28
canopies, sunshades, chimneys, and flues that are allowed to project into the front yard setback shall fit
below the extension of the street front setback plane, as illustrated in Figure 50.06.001-C.
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e. Side Yard Setback Plane – Interior Yards
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i. Roof forms may penetrate into the side yard setback plane required under (e), above, as follows:
(1) Any individual roof form, such as a dormer or gable end, may penetrate the side setback plane
if it is less than one-third of the structure length at 12 ft. in height. Two or more separate and distinct
roof forms such as dormers or gable may project into penetrate the side setback plane if they are
less than one-half of the structure length at 12 ft. in height. For the purposes of this standard, a
projecting dormer(s) must be enclosed in the roof form on at least two sides. All portions of a
compliant dormer may project.
ii. On steeply sloped lots that are upslope from the abutting street, no side yard plane is required.
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LU 19-0033 (12/27/19) ATTACHMENT 2 (ORDINANCE 2832)/PAGE 10 OF 28
LOC 50.06.001.7.c.i(2)(a)(ii)(D)
(2) Building Facade Elements
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(a) Base: The "base" of a multi-story building extends from the sidewalk or landscape grade,
as applicable, to the bottom of the second story or the belt course/string course/cornice that
separates the ground floor from the upper levels of the building. The base of a single-story
building extends from the sidewalk or landscape grade, as applicable, to the ceiling. The
building base shall be defined by providing the following elements:
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(ii) Buildings providing a ground floor commercial component shall provide all of the
following additional elements:
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(D) Storefront windowsWindows (“glazing”) with not less than 40% visual light
transmittance shall be provided along on a minimum of 60% of the length of the
street-facing ground floor building facade. The bottom edge of windows shall be
constructed at or between 12 in. and 30 in. above the abutting walkway surface.
Minimum glazing includes any glazed portions of doors.
LU 19-0033 (12/27/19) ATTACHMENT 2 (ORDINANCE 2832)/PAGE 11 OF 28
LOC 50.06.002.2.a.iii
iii. On-Site Location of Required Parking Spaces
(c) Commercial Uses other than in FMU Zone: Tandem parking is permitted for hotels or motels, eating or
drinking establishments without drive-up window, clubs, lodges, meeting rooms, and auditoria in
commercial zones if the following criteria are met:
i. An attendant is present to move vehicles and such movement of vehicles does not require
backing onto a public right-of-way (an alley may be used if allowed by the City Engineer); or
ii. If the tandem parking is for the exclusive use of employees.
LU 19-0033 (12/27/19) ATTACHMENT 2 (ORDINANCE 2832)/PAGE 12 OF 28
LOC 50.06.003.4.b.vi
The purpose of the connectivity standard is to ensure that:
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vi. The Metro Urban Growth Management Functional Plan, Title 11,Metro Regional Transportation
Function Plan, Title 1, street connectivity requirements are met;
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LU 19-0033 (12/27/19) ATTACHMENT 2 (ORDINANCE 2832)/PAGE 13 OF 28
LOC 50.06.004.3.a
a. Applicability
i. This section is applicable to all minor or major development which results in increased use of public
and private streets, public pathways and accessways, or parking lots, and lots in the PF and PNA zones.
ii. Temporary lighting for theatrical, television, and performance areas, and lights associated with special
events are not subject to this section if no "development" occurs.
This section is applicable to:
i. Minor or major development that results in increased use of public and private streets, public
pathways and accessways, or open air parking lots;
ii. Addition, removal, alteration, or expansion of light fixtures or poles in open air parking lots or public
pathways or accessways; or
iii. Addition, removal, alteration, or expansion of outdoor lighting on lots in PF and PNA zones.
Exception: Temporary lighting for theatrical, television, and performance areas, and lights associated with
special events are not subject to this section if no development occurs.
LU 19-0033 (12/27/19) ATTACHMENT 2 (ORDINANCE 2832)/PAGE 14 OF 28
LOC 50.07.003.1.e.i
e. Pre-Application Conference
i. A pre-application conference with the City Manager is required for minor and major development
permit applications, and ministerial permit applications for accessory dwelling units that add floor
area to the lot, such as an addition to an existing single-family dwelling, detached accessory structure,
or a unit above a garage. Pre-application conferences must be scheduled by the applicant prior to
submitting an application for development or, in the case of an accessory dwelling unit adding floor
area to a lot, a building permit.
A pre-application conference with the City Manager is required for:
(1) Minor and major development permit applications; and,
(2) Ministerial permit application for any type of accessory dwelling unit (ADU) that is not a
conversion of existing floor area (including the garage floor area) in a primary structure. An ADU
created by an addition to a primary structure is not a conversion. An ADU that is located in an
accessory structure is not a conversion.
Exception: Exterior paint color review on nonhistoric buildings; modifications to an approved
development permit where there is no increase in the intensity of the use and no new building permit
would result; City projects to construct a nonhabitable structure not abutting a residential property;
and minor variance to the fence standards when proposed to resolve a code enforcement citation.
Pre-application conferences must be scheduled by the applicant prior to submitting an application
for development or prior to submitting for a building permit for an ADU that is not a conversion.
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LU 19-0033 (12/27/19) ATTACHMENT 2 (ORDINANCE 2832)/PAGE 15 OF 28
LOC 50.07.003.3.a and 3.c
a. Written and Posted Notice for Minor Development
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iii. Notice to Other Jurisdictions, and Affected Roadway and Railroad Authorities
Written notice shall be provided to:
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c. Notice for Initial Public Hearing for Minor and Major Development
i. Notice of a public hearing before a hearing body containing the information required below shall be
mailed at least 20 days before the initial public hearing as follows:
(1) To the applicant;
(2) To property owners in the same manner as provided in LOC 50.07.003.a.i;
(3) To neighborhood associations in the same manner as provided in LOC 50.07.003.a.ii;
(4) To the affected roadway authority or jurisdiction and affected railroad companies if:
(a) The application indicates that a railroad-highway crossing provides or will provide the only
access to land that is the subject of the application; and
(b) A city’s or county’s or state’s boundary or transportation facility is within one-half mile of
the lot; and
(4) To a:
(a) City and County when the lot is within ½ mile of the city’s or county’s
boundary;
(b) City, County, and ODOT when the lot is within ½ mile of the city’s, county’s or
state’s transportation facility; and
(c) Railroad company when the railroad-highway crossing provides or will provide
the only access to land that is the subject of the application.
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LU 19-0033 (12/27/19) ATTACHMENT 2 (ORDINANCE 2832)/PAGE 16 OF 28
LOC 50.07.003.7.c.ii
c. Filing an Appeal of a Hearing Body or City Engineer Decision
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ii. A notice of intent to appeal shall be in writing and shall contain:
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(4) An appeal fee, if applicable per subsections b.ii(4) and (5), above; and
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LU 19-0033 (12/27/19) ATTACHMENT 2 (ORDINANCE 2832)/PAGE 17 OF 28
LOC 50.07.003.13.a.ii(3)(a)
ii. Ministerial Development Types
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(3) Exterior modification of a structure other than a detached single-family dwelling, accessory
dwelling unit, duplex, zero lot line dwelling, or structure accessory to such structures which:
(a) Does not increase building footprint or height, except if the increase in building height is
required to comply with Building or Fire Codes and does not substantially modify any street-
facing facade, or the increase in building footprint is 100 square feet or less and does not
substantially modify any street-facing facade; or
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LU 19-0033 (12/27/19) ATTACHMENT 2 (ORDINANCE 2832)/PAGE 18 OF 28
LOC 50.07.003.14.a.ii(4)
a. Minor Development Classification
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ii. "Minor development" under subsection 14.a.i(1) of this section includes:
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(4) Involves an improvement to an existing school facility that will not increase the capacity of the
school facility, generate additional traffic, or generate significant additional noise or other negative
impact on the surrounding neighborhood.
LU 19-0033 (12/27/19) ATTACHMENT 2 (ORDINANCE 2832)/PAGE 19 OF 28
LOC 50.07.003.17
17. EXPIRATION OF DEVELOPMENT PERMIT
a. Except as otherwise provided in LOC 50.07.007.3, 50.07.007.4.f, 50.07.005.5, or or another provision of this
Code, or as may be specifically stated as a condition of approval of a development permit, any permit issued
under this Code shall expire three years following the final decision and effective date of any order constituting
or approving the development permit unless:
i. If development involves construction of a structure, at least 15% of the structural construction has
occurred within three years of the date of final decision. For major public facilities, the three-year
limitation does not apply to a Conditional Use Permit (or modification) and a Development Review Permit
(or modification) is subject to a five-year deadline.; and
ii. Development authorized by the permit is commenced and work has reasonably continued to completion
of the development.
LU 19-0033 (12/27/19) ATTACHMENT 2 (ORDINANCE 2832)/PAGE 20 OF 28
LOC 50.07.005.5
5. ABANDONMENT OF CONDITIONAL USE PERMIT
a. A conditional use permit shall be void after three years if 15% of the structural construction has not
occurred pursuant to the approval. The three-year limitation does not apply to permits issued for major public
facilities.
b.If a use operating pursuant to a conditional use permit is discontinued for a period of at least one year, any
further use of the property shall conform to the requirements of this Code. The City Manager shall, in writing,
grant a one-year extension to a conditional use where the request for the extension is made by written
application prior to the expiration of the one-year period. After the expiration of any extension of use, such a
conditional use shall not operate without first obtaining a new conditional use permit.
LU 19-0033 (12/27/19) ATTACHMENT 2 (ORDINANCE 2832)/PAGE 21 OF 28
LOC 50.07.006.7.c.i
c. Content of the Approved Final Overall Development Plan and Schedule
The approved overall development plan and schedule shall consist of the following documents:
i. A site plan showing and type of all approved land uses, approximate acreage lot area, and
approximate number of units or square footage of uses.
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LU 19-0033 (12/27/19) ATTACHMENT 2 (ORDINANCE 2832)/PAGE 22 OF 28
LOC 50.07.007.2.c.iii
c. Access
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iii. A driveway shall be used to serve a single lot. An access lane shall serve no more than two flag lots
three lots total, up to two of which may be flag lots.(the access lane may also provide access for one non-
flag lot).
(1) Driveway widths shall be a minimum of 12 ft. Driveway length, construction standards, and
turnaround requirements shall be determined by LOC 50.06.003.2, On-Site Circulation – Driveways
and Fire Access Roads.
(2) See LOC 50.06.003.1.d, Standards for Access Lanes, for width of access lanes.
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LU 19-0033 (12/27/19) ATTACHMENT 2 (ORDINANCE 2832)/PAGE 23 OF 28
LOC 50.07.007.2.d.iii
d. Lot Configuration Requirements
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iii. Lot Size
Area of access easement or flagpole shall be deducted from the gross acreage square footage of the flag lot.
The "flag" portion of the lot shall be equal to or exceed the square footage of the underlying zone.
LU 19-0033 (12/27/19) ATTACHMENT 2 (ORDINANCE 2832)/PAGE 24 OF 28
LOC 50.07.007.2.e.vi
e. Building and Site Design Standards
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vi. Lot Coverage and Floor Area
For the purposes of calculating lot coverage and floor area on flag lots, the area of access easement or
flagpole shall be deducted from the gross acreage square footage of the flag lot.
LU 19-0033 (12/27/19) ATTACHMENT 2 (ORDINANCE 2832)/PAGE 25 OF 28
LOC 50.08.003.3
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LOC 50.08.003.3 General Design Variance Criteria
The reviewing authority shall only approve a design variance if it determines that the following criteria have been
met. In the Downtown Redevelopment Design District (DRD), the following criteria apply only to design
variances to the requirements in LOC 50.05.004.8 through 50.05.004.12 and to any other Code provision (other
than the above DRD standards) for which a design variance is requested.
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LU 19-0033 (12/27/19) ATTACHMENT 2 (ORDINANCE 2832)/PAGE 26 OF 28
LOC 50.08.003.4
LOC 50.08.003.4 Downtown Redevelopment Design District (Except Within R-2) Design Variance Criteria For
Building Siting & Massing, Building Design, and View Protection Requirements, Except Within R-2
The reviewing authority shall only approve a design variance to the design requirements in LOC 50.05.004.5
through 50.05.004.7 if it determines that the application meets following criteria have been met:
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LU 19-0033 (12/27/19) ATTACHMENT 2 (ORDINANCE 2832)/PAGE 27 OF 28
LOC 50.10.003.2
Caliper or Caliper Inch
Where this code requires a minimum caliper or caliper inch tree, the caliper inch of the tree proposed to meet
the requirement is determined by:
a. If the required caliper inch is less than 4 inches, the circumference of the tree trunk is measured 6 inches
above the root ball (for nursery stock or other trees not in ground), or if planted, the ground.
b. If the required caliper inch is 4 inches or more, the circumference of the tree trunk is measured 12 inches
above the root ball (for nursery stock or other trees not in ground), or if planted, the ground.
The circumference (in inches) is divided by 3.14 to determine the caliper inch of the tree.
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Diameter at Breast Height or DBH
The tree trunk diameter measured at 4.5 feet (54 inches) above mean ground level at the base of the trunk,
except that if a tree splits into multiple trunks above ground but below 4.5 ft., the trunk is measured at its
most narrow point beneath the split. The diameter is calculated by dividing the circumference by 3.14.
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Dwelling Unit, Accessory
An accessory dwelling unit (ADU), either internal to, attached, or separate from a detached single-family dwelling
unit and on the same lot as that dwelling. The following dwelling configurations shall also constitute an accessory
dwelling unit ADU regardless of whether the occupants of the second dwelling unit are a part of the family of the
occupants of the primary dwelling unit:
a. An detached accessory structure that contains all of the elements of a dwelling unit within the accessory
structure and the accessory structure complies with LOC 50.03.004.1.b.vi. An accessory dwelling unit that is
located on top of a garage is considered a detached structure; not a conversion; or
b. A portion of the dwelling primary structure that contains the elements of an accessory dwelling unit ADU
pursuant to LOC 50.03.004.1.b.vi, and the other portion of the dwelling primary structure meets the definition of
"dwelling unit," and the two portions are physically separated from each other so that the usual and customary
use of the two portions of the dwelling structure is as separate dwelling units, not as a single, interconnected
housekeeping unit. A conversion is a remodel of existing floor area, which for purposes of this code includes
garage floor area. An addition to an existing dwelling is not considered a conversion.
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LU 19-0033 (12/27/19) ATTACHMENT 2 (ORDINANCE 2832)/PAGE 28 OF 28
Floor Area
The gross building floor area excluding:
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e. Allowable projections per LOC 50.04.003.8.a “Projections from Buildings”;
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Lot Area or Lot Size
a. Non-Flag Lots: the gross acreage square footage of the lot within the lot lines.
b. Flag Lots: the area of a lot, defined by the lot lines, less the area of access easements and access lanes or
flagpole.
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Lot Coverage
The ratio of A to B where A is the area of all permanent structures or portions thereof over 30 in. in height, but
exclusive of:
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and B is the gross acreage lot area or lot size of the site.
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Yard, Required
The area of land and space between a lot line (or, for lots with special street setbacks, the special street setback
line if outside the right-of-way), and a setback line, whether the setback line is established by the terms of this
Code or by an approval granted pursuant to this Code.
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