ARTICLE 4 ZONING DISTRICTS

SECTION 4.010 CLASSIFICATION OF ZONING DISTRICTS

For the purpose of this Code the following Primary Zoning Districts are hereby established:

ABBREVIATED

PRIMARY DISTRICTS DESIGNATION

Single-family Residential RS-10

Multiple-family Residential RM-10

Multiple-family Residential RM-6

Community Commercial CC

Highway Commercial/Industrial HC/I

General Industrial GI

Exclusive Farm Use EFU

SECTION 4.020 CLASSIFICATION OF OVERLAY-DISTRICTS

(1) An Overlay-District may be established in combination with a Primary Zoning District. The Overlay-District shall establish additional requirements, standards and procedures for the use and development of property in the Primary District. In cases of conflict between the standards and requirements of the Primary District and the Overlay-District, the standards and requirements of the Overlay-District shall apply.

(2) For the purposes of this Code the following Overlay-Districts are hereby established:

ABBREVIATED

OVERLAY-DISTRICTS DESIGNATION

Flood Hazard FH

Planned Development PD

SECTION 4.030 LOCATION OF ZONING DISTRICTS

The boundaries of Zoning Districts listed in this Code are identified on the Tangent Zoning District Map, M-1 which is hereby adopted by reference and made a part of this Code.

SECTION 4.040 ZONING MAPS

The Zoning Map adopted by Section 4.030 of this Code and any amendment thereto shall be dated with the effective date that adopts the map including any amended map. A certified print of the adopted map or map amendment shall be maintained in the Tangent City Hall as long as this Code remains in effect.

SECTION 4.050 ZONING DISTRICT BOUNDARIES

Unless otherwise specified, District or Zone boundaries are section lines; sub-division lines; lot lines; streets or railroad right-of-ways or such lines extended except where a boundary line clearly divides a lot, then the boundary line shall be determined by use of a measuring scale designated on the County Assessor Maps.

SECTION 4.060 ZONING OF ANNEXED AREAS

(1) All areas annexed to the City Limits shall be rezoned at the time of annexation consistent with the Tangent Comprehensive Plan as determined by the City Council with recommendation from the Planning Commission as specified in Section 2.800 (4).

(2) All areas included in the City Urban Growth Boundary shall have a recommended zoning designation at the time the Urban Growth Boundary is changed consistent with the Tangent Comprehensive Plan as determined by the City Council with recommendation from the Planning Commission as specified in Section 2.700.

SECTION 4.070 SIMILAR USE AUTHORIZATION

The Planning Commission may permit in a particular district a use not listed in this Code, provided the use is of the same general type as the uses permitted by this Code. However, this section does not authorize a use specifically listed in another district to be established in a district where it is not listed. The decision of the Planning Commission may be appealed to the City Council using procedures specified in Section 3.700 of this Code.

SECTION 4.080 NONCONFORMING USE

It is the intent of the nonconforming use sections of this Code to permit pre-existing uses and structures which do not conform to the use or dimensional standards of this Code to continue under conditions specified herein. However, alteration or expansion of these nonconforming uses and structures that could cause potentially adverse effects in the immediate neighborhood or in the City as a whole, are not permitted as outlined in this section.

(1) Continuation of a Nonconforming Use.

(a) Subject to the provisions of this section, a nonconforming use of a structure or a nonconforming use, may be continued and maintained, but shall not be altered or extended except as provided herein.(b) The extension of a nonconforming use to a portion of a structure which was arranged or designed for such use at the time of passage of this Code is not an extension of a nonconforming use.(c) In any industrial or commercial district, a pre-existing dwelling may be altered or extended, provided that such alteration or extension shall not exceed the yard, lot coverage and building height requirements specified in the adjacent Residential District.(2) Nonconforming Structure. A structure conforming as to use but nonconforming as to height, setback, lot coverage or similar dimensional standards, may be altered or extended if any other alteration or extension does not cause the structure to deviate from the standard of this Code.

(3) Discontinuance of a Nonconforming Use.

(a) If a nonconforming use involving a structure is discontinued from active use for a period of one (1) year, further use of the property shall be for a conforming use, unless the Planning Commission approves the continuation of the nonconforming use.

(b) If a nonconforming use not involving a structure is discontinued from active use for a period of six (6) months, further use of the property shall be for a conforming use.

(4) Change of a Nonconforming Use. If a nonconforming use is changed, it shall be changed to a use conforming to the regulations of the district in which it is located.

(5) Destruction of a Nonconforming Use or Structure. If a nonconforming structure or a structure containing a nonconforming use is totally destroyed or destroyed to the extent of more than fifty percent (50%) of its fair market value by any cause, a future structure or use on the site shall be either in accordance with the provisions of the district in which the property is located or the property owner may apply for a Conditional Use Permit to continue with the existing use or to replace the structure in the previous location at which it was destroyed. A residence may be replaced in any zoning district.

(6) Partial Destruction of a Nonconforming Use or Structure. If a nonconforming structure is destroyed by any cause to the extent of less than fifty percent (50%) of its fair market value, the nonconforming structure may be reconstructed with the same right to continue use of such nonconforming building as existed prior to the damage, provided such reconstruction is commenced within one year from the date of the damage and continues uninterrupted to completion provided the building is not increased in cubic content or floor area. A residence may be replaced in any zoning district.

(7) Repairs and Maintenance. Any building housing a nonconforming use may be maintained or restored to conform with the standards of the building code, including repair or replacement of fixtures, wiring, or plumbing, provided the building is not increased in cubic content or floor area.

(8) Completion of Structure. Nothing contained in this Code shall require any change in the plans, construction, alteration or designated use of a structure for which a building permit has been lawfully issued and construction has commenced prior to adoption of this Code, provided the structure, if nonconforming or intended for a nonconforming use, is completed and in use within one (1) year from the time the permit is issued.

SECTION 4.100 PRIMARY ZONING DISTRICTS

SECTION 4.111 SINGLE-FAMILY RESIDENTIAL DISTRICT RS-10

(1) Purpose. To provide areas suitable and desirable for low density single-family residential use with provisions for associated residential or public service uses.(2) Permitted Uses. In an RS-10 District, the following uses and their accessory uses are permitted subject to the standards, provisions and exceptions set forth in this Code:(a) Agricultural Uses in conformance with Section 6.410(b) One single-family dwelling per tax lot(c) One Manufactured Dwelling per tax lot.(d) One Duplex per corner tax lot.(e) Residential Care Homes for 5 or less people or a Group Child Care Home for 12 or less children in conformance with Section 6.121.(f) Accessory buildings subject to the following standards:1. Accessory buildings shall not be used for dwelling purposes.

2. Accessory buildings shall be limited to one story and 800 square feet unless submitted for approval under the Conditional Use provisions of Section 2.500.

3. No sales shall be made from an accessory structure unless it has been approved as a Home Occupation under the Conditional Use provisions of Section 2.500 and the home occupation standards of Section 6.110.4. Boats, trailers, detached campers, motorized dwellings and similar recreational equipment may be stored, but not used for continuous human habitation. Habitation is limited to 60 days in conformance with Section 1.130 (7).

(3) Conditional Uses. In an RS-10 District, the following uses and their accessory uses may be permitted in conformance with the conditional use provisions of Section 2.500 and the applicable Use Standards of Article 6.

(a) Home occupation. (b) One Hardship temporary manufactured dwelling per tax lot.(c) Residential Care Facility for 15 or less people or a Group Child Care Center for 13 or more children in conformance with Section 6.122.(d) Public or semi-public uses.

(e) Historic Resources in accordance with Section 6.510 – 5.614.

(4) Development Standards.

(a) Minimum lot area - 10,000 square feet.Property area may need to be increased for sewage drainfields or for properties with building limitations.(b) Minimum Lot Width or Depth– 80 feet. (c) Maximum Impervious Coverage including accessory buildings – 50%.(d) Building Height - 35 feet unless approved by the Planning Commission.(e) Yards:1. Exterior street facing yard setbacks:20 feet from a street front property line to the garage or carport.15 feet from a street front or side property line to the residence.See Section 5.116 for additional setback standards.2. Interior property facing yard setbacks: 5 feet from a side property line.15 feet from a rear property line. 5 feet for attached or detached accessory structures.(f) See Article 5 for additional General Development Standards and Article 6 for Use Standards that may apply in the RS-10 District.

SECTION 4.112 MULTIPLE-FAMILY RESIDENTIAL DISTRICT RM-10(1) Purpose. To provide areas suitable and desirable for low density multiple-family residential use with provisions for associated residential or public service uses. Low density shall mean a maximum of 6 dwelling units per acre unless approved as a Conditional Use.(2) Permitted Uses. In an RM-10 District, the following uses and their accessory uses are permitted:(a) Agricultural Uses in conformance with Section 6.410(b) One single-family dwelling or manufactured dwelling per tax lot.(c) Multiple-Family Dwellings up to 6 dwelling units per acre in conformance with Section 6.130.(d) Residential Care Home or Residential Care Facility in conformance with Section 6.121 or Section 6.122.(e) Accessory buildings subject to the following standards:

1. Accessory buildings shall not be used for dwelling purposes.

2. Accessory buildings shall be limited to one story and 800 square feet unless submitted for approval under the Conditional Use provisions of Section 2.500.

3. No sales shall be made from an accessory structure unless it has been approved as a Home Occupation under the conditional use provisions of Section 2.500 and the home occupation standards of Section 6110.4. Boats, trailers, detached campers, motorized dwellings and similar recreational equipment may be stored, but not used for human habitation. Habitation is limited to 60 days in conformance with Section 1.130 (7).

(3) Conditional Uses. In an RM-10 District, the following uses and their accessory uses may be permitted in conformance with the conditional use provisions of Section 2.500 and the applicable Use Standards of Article 6.

(a) Multiple-family dwellings exceeding 6 units per acre but less than 12 units per acre.(b) Public or semi-public uses.(c) Historic Resources in accordance with Section 6.510 – 5.614.

(4) Development Standards.

(a) Minimum lot area - 10,000 square feet. The minimal area may have to be increased to accommodate sewage disposal or for properties with building limitations.(b) Minimum Lot Width - 60 feet & Minimum Lot Depth - 80 feet.(c) Maximum Impervious Coverage - 50%.(d) Building Height - 35 feet unless approved by the Planning Commission.(e) Yards:1. Exterior street facing yard setbacks:20 feet from a street front property line to a garage or carport.15 feet from a street front or side property line to the residence.See Section 5.116 for additional setback standards.2. Interior property facing yard setbacks:5 feet from a side property line or 10 feet from single-family properties. 20 feet from a rear property line. 5 feet for attached or detached accessory structures.(f) See Article 5 for additional General Development Standards and Article 6 for Use Standards that may apply in the R-11 District.

SECTION 4.113 MULTIPLE-FAMILY RESIDENTIAL DISTRICT RM-6(1) Purpose. To provide areas suitable and desirable for medium density multiple-family residential use with provisions for associated residential or public service uses. Medium density shall mean a maximum of 8 dwelling units per acre unless approved as a Conditional Use.(2) Permitted Uses. In an RM-6 District, the following uses and their accessory uses are permitted:(a) Agricultural Uses in conformance with Section 6.410(b) One single-family dwelling or manufactured dwelling per tax lot.(c) Multiple-Family Dwellings up to 8 dwelling units per acre in conformance with Section 6.130.(d) Residential Care Home or Residential Care Facility in conformance with Section 6.121 or Section 6.122.(e) Accessory buildings subject to the following standards:

1. Accessory buildings shall not be used for dwelling purposes.

2. Accessory buildings shall be limited to one story and 800 square feet unless submitted for approval under the Conditional Use provisions of Section 2.500.

(3) Conditional Uses. In an RM-6 District, the following uses and their accessory uses may be permitted in conformance with the conditional use provisions of Section 2.500 and the applicable Use Standards of Article 6.

(a) Multiple-family dwellings exceeding 8 units per acre but less than 16 units per acre.(b) Manufactured Dwelling Park.(c) Public or semi-public uses.(d) Historic Resources in accordance with Section 6.510 – 5.614.

(4) Development Standards.

(a) Minimum lot area - 6,000 square feet. The minimal area may have to be increased to accommodate sewage disposal or for properties with building limitations. b) Minimum Lot Width - 60 feet & Minimum Lot Depth - 80 feet.(c) Maximum Impervious Coverage - 50%.(d) Building Height - 35 feet unless approved by the Planning Commission.(e) Yards:1. Exterior street facing yard setbacks:20 feet from a street front property line to a garage or carport.15 feet from a street front or side property line to the residence.See Section 5.116 for additional setback standards.2. Interior property facing yard setbacks: 5 feet from a side property line or 10 feet from single-family properties. 20 feet from a rear property line. 5 feet for attached or detached accessory structures.(f) See Article 5 for additional General Development Standards and Article 6 for Use Standards that may apply in the RM-10 District.

SECTION 4.121 COMMUNITY COMMERCIAL DISTRICT CC

(1) Purpose. The Community Commercial District is intended to provide areas appropriate for the full range of commercial activities to serve the needs of area residents and employees. The CC District is well suited for areas in close proximity to the residential areas of the community having access from the City's arterial or collector streets.

(2) Permitted Uses. In a CC District, the following uses and their accessory uses are permitted subject to the Site Plan Review provisions of Section 2.400 and the standards, provisions and exceptions set forth in this Code, provided all operations except off-street parking and temporary activities shall be conducted entirely within an enclosed building and have no emissions requiring a permit from state of federal agencies:

(a) Interim Field Crop Farming. (b) Retail stores or shops. (c) Personal or business services including motels and inns. (d) Repair shops (See 3 (b) below). (e) Eating or drinking establishments. (f) Offices, business or professional, including seed testing. (g) Financial institutions.(h) Indoor commercial amusement or recreation establishments.(i) Public or semi-public buildings and uses.(j) Residential Care Home or Residential Care Facility in conformance with Section 6.121 or Section 6.122.(k) Conversion of residence to a permitted commercial use in accordance with Section 6.201(1).

(l) Attached residences to a commercial use in accordance with Section 6.201 (2).

(3) Conditional Uses. In a CC District, the following uses and their accessory uses may be permitted in conformance with the conditional use provisions of Section 2.500 and the applicable Use Standards of Article 6.

(a) Uses requiring an Emission Discharge Permit from the Oregon Department of Environmental Quality.(b) Automotive, truck or RV service facilities. Any such facility shall have access from a designated arterial street.(c) Automotive, truck, RV, equipment or other repair shops which possess nuisance characteristics or emissions potentially detrimental to Public health, safety and general welfare of the community such as noise, vibrations, smoke, odor, fumes, dust, heat, glare or electromagnetic interference shall not be permitted unless additional safeguards are specified by the Planning Commission. The applicant shall accurately specify the extent of emissions and nuisance characteristics relative to the proposed use. Inaccurate specification of extent may result in revocation of, or revisions to the Conditional Use Permit.(d) Permitted uses listed in (2) above, requiring exterior display or storage, including but not limited to, automobile or equipment sales.

(d) Permitted uses exceeding 50 feet in height.

(e) Limited fabrication or assembly operations including cabinet, plumbing or sheet metal shops.

(f) Second Story Residences above a commercial use in accordance with Section 6.201 (3).

(g) Historic Resources in accordance with Section 6.510 – 5.614.

(4) Development Standards.

(a) Minimum lot size shall be 10,000 square feet. Lots are required to be large enough to accommodate the building, sewage disposal system, required parking, service access and pedestrian circulation including persons with disabilities.(b) Minimum Lot Width or Depth– 80 feet. (c) Maximum Impervious Coverage - 80% (d) Maximum Building Height - 50 feet unless approved by the Planning Commission as a Conditional Use.(e) Yards:1. Exterior street facing yard setbacks:20 feet from a front property line unless modified by Section 5.116, 6.212 or 6.213.2. Interior property facing yard setbacks:12-foot side yard where abutting residentially zone property with Screening provided in conformance with Section 5.134 (9). There is no setback where abutting commercial or industrial property subject to Section 5.116 (4) and the requirements for building construction specified in the Oregon Structural Specialty Code.(f) Access shall be designed to cause a minimum interference with traffic and may be subject to the review and approval of the County Engineer or State Department of Transportation. The dedication of additional right-of-way and construction of street improvements by the applicant may be required in order to facilitate traffic circulation.(g) See Article 5 for additional General Development Standards and Article 6 for Use Standards that may apply in the CC District.

SECTION 4.122 HIGHWAY COMMERCIAL/INDUSTRIAL DISTRICT HC/I.

(1) Purpose. The Highway Commercial/Industrial District is intended to provide areas appropriate for the full range of commercial and limited industrial activities to serve the needs of area. The HC/I District is well suited for areas having access from the City's major thoroughfares that are free from conflict with non-compatible land uses.

(2) Permitted Uses. In a HC/I District, the following uses and their accessory uses are permitted subject to the Site Plan Review provisions of Section 2.400 and the standards, provisions and exceptions set forth in this Code, provided all operations except off-street parking and temporary activities shall be conducted entirely within an enclosed structure, except as identified herein, and shall have no emissions requiring a permit from state of federal agencies:

(a) Uses permitted in the CC Zoning District. (b) Interim Field Crop Farming.(c) Auto or truck service and repair facilities.(d) Seed Testing, Cleaner or warehousing.(e) Building Trade Contractors.(f) Fabrication, assembly, research, service, repair or processing shops with no emissions requiring a state or federal emissions permit including compliance with noise standards.(g) Exterior sales or rental yards provided displays are neatly organized.(h) Warehousing and mini-storage units.(i) Agricultural Cooperatives.(3) Conditional Uses. In a HC/I District, the following uses and their accessory uses may be permitted in conformance with the conditional use provisions of Section 2.500 and the applicable Use Standards of Article 6.

(a) Permitted Uses listed above requiring exterior operations or storage of materials or equipment.(b) Uses possessing nuisance characteristics or emissions potentially detrimental to Public health, safety and general welfare of the community such as noise, vibrations, smoke, odor, fumes, dust, heat, glare or electromagnetic interference shall not be permitted unless additional safeguards are specified by the Planning Commission. The applicant shall accurately specify the extent of emissions and nuisance characteristics relative to the proposed use.(c) Uses requiring an Emission Discharge Permit from the Oregon Department of Environmental Quality and operations exceeding the state noise standards.(d Truck Dispatch Operations.(e) Outdoor recreational uses.

(4) Development Standards.

(a) Minimum lot size shall be 10,000 square feet. Lots are required to be large enough to accommodate the building, sewage disposal system, required parking, service access and pedestrian circulation including persons with disabilities.(b) Minimum Lot Width or Depth– 80 feet. (c) Maximum Impervious Coverage - 80% (d) Maximum Building Height - 50 feet unless approved by the Planning Commission as a Conditional Use.(e) Yards:1. Exterior street facing yard setbacks:20 feet from a front property line unless modified by Section 5.116 or 6.213.2. Interior property facing yard setbacks:12-foot side or rear yard where abutting residentially zone property with Screening provided adjacent conformance with Section 5.134 (9). There is no setback where abutting commercial or industrial property subject to Section 5.116 (4) and the requirements for building construction specified in the Oregon Structural Specialty Code.(f) Access shall be designed to cause a minimum interference with traffic and may be subject to the review and approval of the County Engineer or State Department of Transportation. The dedication of additional right-of-way and construction of street improvements by the applicant may be required in order to facilitate traffic circulation.(g) See Article 5 for additional General Development Standards and Article 6 for Use Standards that may apply in the CC District.

SECTION 4.131 GENERAL INDUSTRIAL DISTRICT GI

(1) Purpose. The General Industrial District is intended to protect and preserve areas suitable for industrial development to assist in supporting the area's economy. The GI District is suitable for manufacturing and warehousing activities having minimal emissions or nuisance characteristics that could impact adjacent non-industrial areas. The GI District is well suited for areas having highway and rail access that are free from conflict with non-compatible land uses.

(2) Permitted Uses. In an GI District, the following uses and their accessory uses are permitted subject to the Site Plan Review provisions of Section 2.400 and the standards, provisions and exceptions set forth in this Code.

(a) Interim field crop farming.(b) All manufacturing, warehousing, wholesaling, compounding, assembling, processing, storing, researching, or testing uses provided all operations except off-street parking and temporary activities shall be conducted entirely within an enclosed building unless approved by the Planning Commission, and provided there are no emissions or nuisance characteristics discernible without instruments at the property line. See Section 2.140 Item (21).(c) Truck Terminals or Freight Depots.(d) Public or semi-public buildings and uses.

(3) Conditional Uses. In an GI District, the following uses and their accessory uses may be permitted, subject to the provisions of Section 2.500.

(a) Manufacturing, warehousing, wholesaling, compounding, assembling, processing, storing, researching, or testing uses having emissions or nuisance characteristics discernible without instruments at the property line or uses requiring a permit from a local, state or federal agency.(b) Scrap, waste, recycling or wrecking yards.(c) Quarrying and related activities, subject to the requirements of Statewide Planning Goal 5 and OAR 660-23-180 for Mineral and Aggregate Resources.(d) Processing, storage, distribution or disposal of waste, fuel or other hazardous materials.(e) Commercial activities in association with an approved industrial use.(f) A manufactured dwelling for the owner or caretaker whenever an on-site residence is necessitated by the primary use. The manufactured dwelling shall comply with the standards of Article 6.

(4) Development Standards.

(a) Minimum lot size shall be 10,000 square feet. Lots are required to be large enough to accommodate the building, sewage disposal system, required parking, service access and pedestrian circulation including persons with disabilities.(b) Minimum Lot Width or Depth– 80 feet. (c) Maximum Impervious Coverage - 80% (d) Maximum Building Height - 50 feet unless approved by the Planning Commission as a Conditional Use.(e) Yards:1. Exterior street facing yard setbacks:20 feet from a front property line unless modified by Section 5.116 or 6.213.2. Interior property facing yard setbacks:12-foot side or rear yard where abutting residential or commercially zoned property with Screening provided in conformance with Section 5.134 (9). There is no setback where abutting industrial property subject to Section 5.116 (4) and the requirements for building construction specified in the Oregon Structural Specialty Code.(f) Access shall be designed to cause a minimum interference with traffic and may be subject to the review and approval of the County. The dedication of additional right-of-way and construction of street improvements by the applicant may be required in order to facilitate traffic circulation.

(g) See Article 5 for additional General Development Standards and Article 6 for Use Standards that may apply in the GI District.

SECTION 4.141 EXCLUSIVE FARM USE DISTRICT EFU

(1) Purpose. The purpose and intent of the Exclusive Farm Use (EFU) Zoning District is to provide areas for the continued practice of agriculture and permit the establishment of only those new uses that are compatible with agricultural activities. Therefore, the EFU Zone is to be applied only in those areas that are "agricultural lands" as determined in Statewide Planning Goal 3 thereby providing automatic farm use valuation for farms that qualify under the provisions of ORS 308.

The EFU Zone is intended to guarantee the preservation and maintenance of the areas classified for farm use, free from conflicting non-farm uses and influences. The zone is subject to change only in those instances where there is substantial evidence that such land is no longer suitable for agriculture or that there has been a change in the land needs of the City that clearly demonstrates that such land is needed for urban uses other than agriculture.

(2) Permitted Uses. In an EFU District, the following uses and their accessory uses are permitted subject to the Site Plan Review provisions of Section 2.400 and the standards, provisions and exceptions set forth in this Code.

(a) Farm Use as defined below and the non-farm uses otherwise authorized by ORS 215.213. "Farm Use" shall include the current employment of land for the primary purpose of obtaining a profit in money by raising, harvesting and selling crops or the feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur bearing animals or honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof. "Farm use" includes the preparation and storage of the products raised on such land for human use and animal use and disposal by marketing or otherwise. "Farm use" also includes the propagation, cultivation, maintenance and harvesting of aquatic species. It does not include the use of land subject to the provision of ORS chapter 321, except land used exclusively for growing cultured Christmas Trees as defined in subsection (3) of this section or land described in ORS 321.267 (1) (e) or 321.415 (5).(b) A Dwelling for the owners or operators of the farm use in conformance with OAR 660-033-0120 and ORS 215.213.(c) Nonresidential farm use buildings and structures.(d) Seasonal farm-worker housing in conformance with ORS 197.675.

(3) Conditional Uses. OAR 660-033, ORS 215.213, and ORS 215.296 identify Conditional Uses and their accessory uses that may be permitted, subject to the provisions of Section 2.500 of this Code. Conditional Uses may include but are not limited to the following:

(a) Public Uses and Facilities including public or private schools(b) Churches(c) Additional dwelling for relatives involved in the farm operation.(d) Seasonal Farm-worker housing.(e) Temporary Manufactured Dwelling for a hardship condition.(f) Geothermal exploration or operation.(g) Utility facilities.(h) Transportation facilities.(i) Winery.(j) Commercial activities in conjunction with the farm use including animal by-product businesses.(k) Community Centers.(l) Golf Courses.(m) Home Occupations.(n) Historic Resources in accordance with Section 6.510 – 5.614.

(4) Development Standards.

(a) Minimum lot area – 40 acres. (b) Minimum Lot Width or Depth: None .(c) Maximum Building coverage - None(d) Yards:1. Exterior street facing yard setbacks:20 feet from a front or side property line.See Section 5.116 for additional street setbacks.2. Interior property facing yard setbacks:10 foot side yards.15 foot rear yards.(e) Maximum Residence Height - 35 feet. Other farm structures shall be approved as part of the Site Plan Review procedures of Section 2.400 subject to Conditions of Approval.(f) The raising of field crops in the general field of horticulture is allowed on any EFU property within the city.(g) The raising of farm animals in the general field of animal husbandry is permitted within the EFU District under the following conditions:1. It is the continuing responsibility of the owner to properly contain or restrain all animals or fowl and to maintain proper sanitation at all times, and further provided that such raising activities are not part of nor conducted in conjunction with any live stock sales yard, slaughter house, or animal by-product business unless approved as a Conditional Use in conformance with Section 2.500.2. Fencing must be designed and constructed to confine all animals within the property line.3. A Setback of 200 feet from any off-site residence is required for all corralled animals or buildings housing farm animals.4. It is the responsibility of the property owner to maintain proper health and sanitation standards and to assure that nuisance factors such as noise, smell and unsightly conditions are mitigated. Proper sanitation includes:A. Not allowing animal waste to accumulate.B. Not allowing animal waste to contaminate groundwater or drainageways.C. Taking the necessary steps to minimize odors resulting from farm animals.(h) The above standards are the minimum standards applicable to property located within the City of Tangent, additional site area or other standards may be required to comply with county, state or federal Health and Sanitation Standards.(i) Any proposed non-farm dwelling or manufactured dwelling in the EFU Zone on a lot, parcel or tract less than forty (40) acres in size shall submitted to the City to determine that the dwelling complies with OAR Division 660- 033 for such use. (j) Any farm dwelling or manufactured dwelling customarily provided in conjunction with a farm use on a parcel forty (40) acres or larger in size shall be submitted to the City to determine that the dwelling complies with the requirements for "farm use" as that term is defined in State Statutes.(k) A proposed Land Division in the EFU Zone shall be submitted to the City for Planning Commission review in conformance with Section 2.300. In addition to meeting the forty (40) acre minimum lot size requirement, an applicant also must demonstrate that each lot or parcel created by any land division is appropriate for the continuation of the existing commercial agricultural enterprise. A land division creating lots greater than forty (40) acres in size will not be assumed to satisfy this provision based on lot size alone.(l) Development in conformance with Section 4.141 for EFU lands and subdivision or partitioning of EFU lands are exempt from the off-site improvement requirements of this Code.

(m) See Article 5 for additional General Development Standards and Article 6 for Use Standards that may apply in the EFU District.

SECTION 4.200 OVERLAY-DISTRICTS

An Overlay-District may be established in combination with a Primary District. The Overlay-District shall establish additional requirements, standards and procedures for the use and development of property in the Primary District. In cases of conflict between the standards and requirements of the Primary District and the Overlay-District, the standards and requirements of the Overlay-District shall apply.

(1) Application. The City, a property owner, or any interested person may apply for designation of an Overlay-District in combination with any Primary District in accordance with the application requirements of Sections 2.130 and 2.140 and the amendment procedures of Section 2.700. The Quasi-judicial hearing procedures of Section 3.510 shall be used when the application is submitted by a property owner and applies to a specific property. The Legislative hearing procedures of Section 3.520 shall be used when the Overlay-District is applied by the City to a group or class of properties under similar circumstances.

SECTION 4.210 FLOOD HAZARD OVERLAY-DISTRICT - FH

(1) Purpose.

It is the purpose of this Code to minimize public and private losses due to flood conditions in specific areas by provisions designed:

(a) To protect human life and health.(b) To minimize expenditure of public money and costly flood control.(c) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.(d) To minimize prolonged business interruptions.(e) To minimize damage to public facilities and utilities such as water and gas mains, electric telephone and sewer lines, streets and bridges located in areas of special flood hazard.(f) To provide for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas.(g) To ensure that potential buyers are notified that property is in an area of special flood hazard.(h) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.(2) In order to accomplish its purposes, this Code includes methods and provisions for:(a) Restricting or prohibiting uses that are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities.(b) Requiring that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction.(c) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, that help accommodate or channel flood waters.(d) Controlling filling, grading, dredging, and other development that may increase flood damage.(e) Preventing or regulating the construction of flood barriers that will unnaturally divert flood waters or which may increase flood hazards in other areas.

(3) General Provisions.

(a) This Section shall apply to all areas of special flood hazards within the jurisdiction of the City of Tangent. The degree of flood protection required by this Code is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This Code does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Code shall not create liability on the part of the City of Tangent, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this Code or any administrative decision lawfully made thereunder.(b) The areas of special flood hazard identified by the Federal Insurance Administration in the "Flood Insurance Study" for the City of Tangent and the Flood Insurance Rate Maps (FIRM) are adopted by reference as designating the Flood Hazard Overlay District and the FIRM Maps declared to be a part of this Code. The Flood Insurance Study and FIRM Map is on file at the Tangent City Hall.(c) New development, including the construction of dwelling units and other structures, is not allowed on undeveloped properties within the 100 year floodplain as identified on FIRM, or as may be established on subsequent updates unless no practicable, non-floodplain sites are available. The burden of proof that such sites are not available rests with an applicant. A finding that no practicable, non-floodplain sites are available must be approved by the City Council to allow floodplain development. (d) A Development Permit shall be required before construction or development begins within any Flood Hazard Overlay-District. The permit shall apply to all structures including manufactured dwellings and all other development including fill and other activities. The following additional information shall be submitted: 1. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures.2. Elevation in relation to mean sea level to which any structure has been floodproofed.3. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the flood hazard development standards of this Section.4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.(e) The City Administrator is the Permit issuing authority with the exception that the Planning Commission shall be the deciding authority for fill placements within the flood plain and all floodway development. The deciding authority shall: 1. Determine that the requirements of this Code have been satisfied.2. Determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.3. Review all development proposals to determine if proposed development adversely affects the flood carrying capacity of the area of special flood hazard. For the purposes of this Code, "adversely affects" means damage to adjacent properties because of rises in flood stages attributed to physical changes of the channel and the adjacent overbank areas. a. If it is determined that there is no adverse effect, then the proposal shall be granted consistent with provisions of this Code without further consideration of these effects. b. If it is determined that there is an adverse effect, then flood damage mitigation measures shall be made a condition of the permit.4. When base flood elevation data has not been provided, the City Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer this Section.5. Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of Section 60.6 of the rules and regulations of the National Flood Insurance Program (44 CFR 59-76) which are adopted by reference and declared to be part of this Code.6. Notify adjacent communities and the Department of Land Conservation and Development prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.7. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.8. Information to be obtained and maintained:a. Where base flood elevation data is provided through the Flood Insurance Study, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.b. For all new or substantially improved floodproofed structures: (i) verify and record the actual elevation (in relation to mean sea level), and; (ii) maintain the floodproofing certifications required in Section 4.1 (3) of the NFIP.c. Maintain for public inspection all records pertaining to the provisions of this Code.(f) In approving or disapproving a Flood Hazard development proposal, the deciding authority shall also consider all technical evaluations, all relevant factors, standards specified in other sections of this Code, and: 1. The danger that materials may be swept onto other lands to the injury of others.2. The danger to life and property due to flooding or erosion damage.3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.4. The importance of the services provided by the proposed facility to the community.5. The necessity to the facility of a waterfront location, where applicable.6. The availability of alternative locations, for the proposed use that are not subject to flooding or erosion damage.7. The compatibility of the proposed use with existing and anticipated development.8. The relationship of the proposed use to the Comprehensive Plan and flood plain management program for that area.9. The safety of access to the property in times of flood for ordinary and emergency vehicles.10. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site.11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.(g) Flood Hazard Development Permit Fee Established.1. The City, by resolution, will establish fees for application and issue of floodplain and floodway development permits.2. If any development activity occurs prior to issuing a permit under this section, the fee for approval of the permit, after the fact, will be five (5) times the normal cost of the permit as established by resolution. If a permit is not subsequently issued, the property owner is responsible, in addition to the permit fee, for all costs to remove the development. If not approved, the development must be removed within 90 days of the date of notice of disapproval.

(4) Flood Hazard Development Standards.

In all areas of special flood hazards the following standards are required:

(a) Anchoring

1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.2. All manufactured dwellings must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (Reference FEMA's "Manufactured Dwelling Installation in Flood Hazard Areas" guidebook for additional techniques).

(b) Construction Materials and Methods1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.3. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.(c) Utilities1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.2. New and replacement sanitary sewage systems shall be designed to minimize or eliminate Infiltration of flood waters into the systems and discharge from the systems into flood waters.3. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(d) Land Division Proposals1. Land Divisions shall include all partitions and subdivision approved by the City.2. All land division proposals shall be consistent with the need to minimize flood damage.3. All land division proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.4. All land division proposals shall have adequate drainage provided to reduce exposure to flood damage.5. Base flood elevation data shall be provided for land division proposals and other proposed development.(e) Review of Building PermitsWhere elevation data is not available either through the Flood Insurance Study or from another authoritative source, Applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these areas may result in higher insurance rates.(f) Residential Construction1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to one foot or more above base flood elevation.2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or unless designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall either be certified by a registered professional engineer or architect or shall meet or exceed the following minimum criteria:a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.b. The bottom of all openings shall be no higher than one foot above grade.c. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.(g) Nonresidential Construction New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to one foot or more above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: 1. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water.2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.3. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the Tangent Planning Commission.4. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in Section 5.2-1(2) of the NFIP.5. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g. a building constructed to the base flood level will be rated as one foot below that level).(h) Manufactured Dwellings All manufactured dwellings to be placed or substantially improved within Districts A1 through A30, AH, and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured dwelling is one foot or more above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of Item (3) (a) 2. above.

(i) Recreational VehiclesRecreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's FIRM shall either:1. Be on the site for fewer than 180 consecutive days.2. Be fully licensed and ready for highway use on its wheels or jacking system, or is attached to the site only by quick disconnect type utilities and security devices.3. Meet the requirements of (h) above and the elevation and anchoring requirements for manufactured dwellings.(j) Outdoor Materials Storage and Processing

Storage and processing of materials in a manner or of a nature that would be hazardous during flooding conditions is prohibited within an area of special flood hazard.

(k) Historic Structures

Permits may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Resources, the State Inventory of Historic Places, or the Linn County Inventory of Historic Resources within the City with floors below base flood level when elevating the floors would aversely affect the historic character of the structure. The provisions of Chapter 49 of the Oregon State Structural Code shall apply in such situations.

(l) Placing Fill in the Floodplain1. Placing any amount of fill material within the floodplain or floodway in a manner that would alter the direction of stormwater flow or otherwise divert stormwater from its normal course requires review and approval by the Planning Commission and a flood hazard development permit.

2. Notwithstanding subsection (1) above, placement of up to 50 cubic yards of fill, either temporarily or permanently, is allowed without a City permit if such fill does not divert or alter flow; however, such fill may require permits from other agencies. If there is any question as to impact on stormwater flow, subsection (1) above applies.

3. A fill permit application will not be processed without a full explanation of the purpose of the fill, the maximum quantity of fill to be placed, the exact location of the proposed fill, and submission of a certificate by a registered professional engineer or registered architect demonstrating that the proposed fill will not increase flood levels during the occurrence of a base flood discharge or otherwise negatively impact the property of others.(m) Floodways Development within areas of special flood hazard designated as floodways is extremely hazardous due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, and the following additional provisions shall apply: 1. Encroachments, including fill, new construction, substantial improvements, and other development are prohibited unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.2. If item 1. above is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of this section.

(5) Flood Hazard Definitions.

Area Of Shallow Flooding means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and intermediate; and velocity flow may be evident. AO is characterized as sheet flow and AH indicated ponding.

Area Of Special Flood Hazard means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V.

Base Flood means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "100-year flood." Designation on maps always includes the letters A or V.

Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard including partitioning and subdivisions.

Fill means any material deposited, excavated or moved upon property, including but not limited to, dirt, rocks and boulders, processed or unprocessed aggregate, asphalt or cement, logs or tree stumps or any other material that will displace water when deposited.

Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters and/or

(2) The unusual and rapid accumulation of runoff of surface waters from any source.

Flood Insurance Rate Map (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

Flood Insurance Study means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Lowest Floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Code.

Manufactured Dwelling means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured dwelling" does not include park trailers, travel trailers, and other similar vehicles.

Manufactured Dwelling Park or Subdivision means a parcel (or contiguous parcels) or land divided into two or more manufactured dwelling lots for rent or sale.

New Construction means structures for which the "start of construction" commenced on or after the effective date of this Code.

Start Of Construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured dwelling on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

Structure means a walled and roofed building including a gas or liquid storage tank that is principally above ground.

Substantial Improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the assessed value of a structure either:

(1) Before the improvement or repair is started, or

(2) If the structure has been damaged or is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

The term does not, however, include either:

(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety codes.

(2) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

SECTION 4.220 PLANNED DEVELOPMENT OVERLAY-DISTRICT, PD

The purpose of the PD Overlay-District is to provide opportunities to create more desirable working or living environments by the application of new development standards applied under an approved plan and program that is professionally prepared. The PD Overlay-District is intended to be used to encourage the application of new techniques and new technology to community development that can achieve economies in land development and maintenance while providing building groupings, open spaces and circulation systems that enhance the working or living environment of the inhabitants. A Planned Development may be residential, commercial or industrial or a mixed combination of land uses. Application procedures are as follows:

(1) Planned Development Applications:

(a) The City or a property owner may request a PD Overlay-Zone in combination with any Primary Zone in accordance with the application requirements of Sections 2.110 through 2.140, the amendment procedure of Section 2.700 and the requirements of Sections 4.220 contained herein.

(b) A property owner located in an existing PD Overlay-Zone may request approval of a PD Plan in conformance with the requirements of Sections 4.220 contained herein.

1. The Applicant shall first submit a PD Conceptual Plan containing drawings and a written program that is presented in enough detail to clearly describe the proposed development. An informal pre-application review by members of the Planning Commission and City Council will be scheduled in conformance with Sections 2.110 and 2.120 to determine if the requested PD conforms to the City's PD requirements and is conceptually acceptable to the City. This preliminary process is intended to save time and expense for the Applicant and the City but shall not result in a final land use decision by the City.

2. After receiving approval in principle of the PD Conceptual Plan the applicant shall have a PD Development Plan prepared by a professional design team that contains drawings and a written program for a formal public hearing and decision by the City.

3. Verification of compliance with the Conditions of Approval by the City Administrator and acceptance of the Final PD Development Plan in conformance with the approved PD Development Plan.

SECTION 4.221 PD DEVELOPMENT STANDARDS

(1) Site Size. A PD Overlay-District shall not be established on less than 5 acres unless the Planning Commission finds that a proposed smaller area can comply with all of the requirements of Sections 4.220-4.228.

(2) Comprehensive Plan Compliance and Adjacent Property Protection.

(a) The development plan and program shall present an organized arrangement of buildings, service facilities, open spaces and improvements in compliance with the intent of the Comprehensive Plan that also protects the property rights of adjacent property owners.

(b) Periphery yards of a PD Overlay-District shall be at least as deep as those required by the yard regulations of the underlying District unless the City finds that equal protection will be accorded through the specific design features of the approved plan.

(3) Lot Coverage and Building Height. Lot coverage and building height shall be no greater than for the underlying District unless the City finds that an exception is warranted that provides adequate protection to adjacent property as well as additional amenities proposed in the total development.

(4) Open Space. Open space in a PD Overlay-District means the land area to be used for scenic or open recreational purposes within the development.

(a) Open space does not include street right-of-way, driveways, parking areas, required setbacks, or public service easements unless these areas have some special recreational design or purpose.

(b) Open space shall be adequate for the recreational and leisure use of the population occupying the development and shall be designed to enhance the development.

(c) To the maximum extent possible, the plan and program shall assure that natural features of the land are preserved and landscaping is provided.

(d) Instruments guaranteeing the maintenance of open space shall be provided with the proposed plan. Documents dedicating development rights and provisions for maintenance of open space shall be approved as to form by the City Attorney.

(5) Density. Greater overall density than that specified in the Primary District may be allowed under a PD Overlay-District based on the specific development design proposed subject to the availability of all required support utilities including water and sanitary sewers. Generally the density provision of the underlying District shall be used as a guideline for a deviation from the standard density. Areas used for public street right-of-way or private roadways intended to provide access to more than two (2) structures shall be excluded when determining the overall density of the development. Water courses woodlands and open spaces may be utilized in determining the density of development.

(6) Subdivision Lot Sizes. Minimum area, width, depth and frontage requirements for subdivision lots in a PD Overlay-District shall be the same as the basic District unless smaller lots are approved in accordance with proposed plan and program.

(7) Additional Standards and Controls. The City may require additional standards or controls to protect adjacent property rights or the health, safety and welfare of the general public in compliance with the Comprehensive Plan based upon the specific development request. Additional standards and controls may include, but are not limited to, the following:

(a) Increasing the required setbacks to protect adjacent properties or solar access.

(b) Controlling the location and number of vehicular access points.

(c) Establishing new streets, increasing the right-of-way or roadway width of existing streets, requiring curbs and sidewalks, and in general, improving the traffic circulation system including off-site improvements.

(d) Requiring improvements for utilities or storm drainage facilities including off-site improvements.

(e) Increasing the number of parking spaces and improving design standards for parking areas.

(f) Limiting the number, size, location, and lighting of signs.

(g) Designating sites for open space and recreation and, in general, improving landscaping requirements.

(h) Requiring view obscuring screening or fencing.

(i) Establishing time limits for completion of all or any portion of the project, including, but not limited to utilities, drainage facilities, streets, curbs, gutters, sidewalks, parking areas, landscaping, fencing, screening or recreation areas.

(j) Requiring contractual agreements with the City to assure development of streets, sidewalks, drainage facilities, utilities, and other improvements to standards acceptable to the City.

(8) Phased Development. The applicant may, or the City may require the applicant to develop the site in successive stages as proposed in the PD Development Plan.

(a) Each such stage shall be a substantially complete unit of development.

(b) The City may require that development be done in stages if public facilities are not adequate to service the entire development initially.

(9) Permitted Uses In Residential PD Overlay-Districts. The following uses and their accessory uses may be permitted in a PD Overlay-District which has been combined with a Residential District.

(a) Residential use of land.

(b) Related commercial uses when approved by the City.

(d) Proposed standards or controls shall be specified in the PD Development Plan and signed by the owners. Where applicable, the requirements may be made part of future deed CC&R's.

SECTION 4.222 PD CONCEPTUAL PLAN

An applicant shall submit at least fifteen (15) copies of a conceptual drawings and a written program to the City for review and acceptance of the proposed development in principle. An informal review by members of the Planning Commission and City Council will be scheduled to determine if the requested PD appears to conform to the City's PD requirements and is conceptually acceptable to the City. The proposal shall address the following elements.

(1) Elements of the Plan.

(a) Vicinity map showing location of streets and lots in the area within 300 feet of the proposed development.

(b) Existing lands uses.

(c) Proposed land uses, including housing unit densities (number of units per acre, type of residence, and number of bedrooms by type of residence); commercial facilities, such as shopping, and community facilities, such as schools or parks.

(d) Building types and approximate bulk.

(e) Vehicular and pedestrian access, circulation and parking pattern. Status of street ownership.

(f) Proposed Subdivision layout and easements.

(g) Parks, playgrounds, and open spaces.

(h) Existing natural features such as trees, streams and topography.

(i) Landscaping, screening, and fencing proposals.

(j) Proposed method of solid waste disposal.

(k) Proposed method of water supply and sewage disposal.

(l) Proposed utilities.

(m) Proposed method for the handling of surface water drainage.

(n) Proposed grading patterns.

(o) Street and open space lighting proposals.

(2) Elements of the Program.

(a) Proposed members of the Professional Design Team.

(b) Proposed ownership pattern.

(d) Time table of the development, to include expected starting dates, projection of completion time, and project phasing, if anticipated.

(e) Method of public improvements financing, if any.

(3) Review of PD Conceptual Plan

(a) An informal review with the Applicant and City Officials will be scheduled to determine if the requested PD conforms to the City's PD requirements and is conceptually acceptable to the City.

(b) Members of the Planning Commission and City Council shall informally review the PD Conceptual Plan and may indicate that the PD Conceptual Plan is conceptually acceptable or not and may recommend modifications. The informal review shall be based upon compliance with the intent of City's Comprehensive Plan, the intent of City development standards and the extent of deviation from City standards proposed in the PD.

(c) Approval in principle of the PD Conceptual Plan shall be limited to the preliminary acceptability of the land uses proposed and their interrelationships and shall not be construed to endorse the precise location of uses nor engineering feasibility, and does not indicate final City Approval. The City shall reject a PD Development Plan that does not comply with the standards and criteria of this Code, regardless of the outcome of the PD Conceptual Plan Review. The City may require the submission of additional information for the PD Development Plan review.

(d) The City shall review and may recommend expansion, additions, or modifications in the proposed design team for the preparation of the PD Development Plan.

(e) The City may determine the extent of any environmental assessment to be included with the PD Development Plan.

SECTION 4.223 PD DEVELOPMENT PLAN

(1) After receiving approval in principle of the PD Conceptual Plan, the Applicant shall have a PD Development Plan prepared by a professional design team in such design-related fields as Architecture, Landscape Architecture, Urban Planning, and Civil Engineering.

(2) An applicant for a PD Overlay-District shall also petition for an amendment to the zoning map as specified in Section 2.700. Fifteen (15) copies of the PD Development Plan shall be submitted to the Planning Commission and City Council at least 30 days prior to the date of public hearing.

(3) Upon receipt of the PD Development Plan, the Planning Commission and City Council shall hold separate public hearings or a single joint public hearing in accordance with the provisions of Section 3.510 (3). At the public hearing the applicant shall present the PD Development Plan.

(4) Plan Elements. In addition to the Application Sit Plan required in Section 2.140, the PD Development Plan shall contain the following elements:

(a) A complete development plan in conformance with any approved conceptual plan.

(b) Existing and proposed contour map of the site to a scale commensurate with the size of the development.

(c) Location, widths, and names of all existing or platted streets or other public ways, railroad and utility rights-of-way, parks, or other public open spaces and land uses within 300 feet of the development.

(d) Existing sanitary sewers, water mains, and other underground facilities within and adjacent to the development and their certified capacities.

(e) Proposed location and capacity of sanitary sewers or other wastewater disposal facilities, water mains and other underground utilities.

(f) Proposed system for the handling of storm drainage.

(g) A Subdivision Tentative Plan in conformance with Section 2.300, if the property is proposed to be subdivided.

(h) A land use plan indicating the uses planned for the development.

(i) Areas proposed to be dedicated or reserved for interior circulation, public parks, playgrounds, school sites, public buildings, or other uses dedicated or reserved to the public, if any.

(j) Open space that is to be maintained and controlled by the owners of the property and the proposed uses thereof.

(k) A traffic flow map showing the circulation pattern within and adjacent to the proposed development.

(l) Location and dimensions of bikeways, pedestrian walkways, malls, trails, or easements.

(m) Location, arrangement, number and dimensions of automobile garages and parking spaces, width of aisles, bays, and angle of parking.

(n) Location, arrangement, and dimensions of truck loading and unloading spaces, if any.

(o) Preliminary architectural plans and elevations of typical buildings and structures, indicating the general height, bulk, appearance and number of dwelling units.

(p) A preliminary tree planting and landscaping plan. All existing trees over six (6) inches in diameter and groves of trees shall be shown. Trees to be removed by development shall be so marked.

(q) The approximate location, height, materials of all walls, fences, and screen plantings. Elevation drawings of typical walls and fences shall be included.

(r) The stages, if any, of development construction. Such stages shall be clearly marked on the PD Development Plan.

(5) Program Elements.

(a) Narrative statement of the basic purposes of the planned development.

(b) Tables showing the total number of acres and the percentage of the total area that is designated for each type of use, including each dwelling type, off-street parking, streets, parks, playgrounds, schools, and open spaces as shown on the proposed development plan.

(c) Tables showing the overall density of the proposed residential development and showing density by dwelling types and any proposals for the limitation of density.

(d) Drafts of appropriate restrictive covenants and drafts of documents providing for the maintenance of any common open space, or required dedications or reservations of public open spaces and of any dedications of development rights.

(e) A timetable indicting when utility and drainage facilities intended to serve the development are to be installed. If the development is to be constructed in stages, the timetable shall reflect this.

SECTION 4.224 DECISION AND FINDINGS

(1) Planning Commission Decision. The Planning Commission, after a public hearing in accordance with the provisions of Section 3.510, may recommend approval, denial or approval with conditions of the PD Development Plan and the PD Overlay-District.

(2) City Council Decision. The City Council, after a public hearing in accordance with the provisions of Section 3.510 and after receiving the recommendation from the Planning Commission on the PD Development Plan shall either approve the application, deny the application or approve the application with conditions.

(3) Joint Public Hearing. A single joint public hearing by the Planning Commission and City Council may be utilized in conformance with Section 3.510 (3).

(4) PD Development Elements. Approval of the PD Development Plan includes approval of all attached elements including the PD Overlay-District, a Subdivision Tentative Plan and all Conditions of Approval.

(5) Decision Criteria. The recommendation of the Planning Commission and decision by the City Council shall be based upon the following findings:

(a) That exceptions from the standards of the underlying District are warranted by the design and amenities incorporated in the proposed PD Development Plan.

(b) That the proposed development is consistent with the purpose and intent of the Primary District and that adjacent properties are protected from potential adverse affects resulting from the proposed development by appropriate controls or development standards.

(c) That the proposed development, or a unit thereof, can be substantially completed within Two (2) years of final approval.

(d) That the internal PD streets and serving streets outside of the PD are adequate to support the anticipated traffic in conformance with the TTSP.

(e) That the proposed utilities and drainage facilities are adequate for the population densities and type of development proposed and will not cause flooding or pollutants to impact the drainage channel inside or outside of the PD Overlay-District.

(f) That the timing of installation of utility and drainage facilities will be closely coordinated with development construction and will not create a hardship to residents either within or outside the PD Overlay-District.

(g) That the density in the proposed development will not result in any substantial negative impact on any public facility or utility.

SECTION 4.225 OFFICIAL PD DEVELOPMENT PLAN

(1) Following approval of the PD Overlay-District by the City Council, the applicant shall make changes in the PD Development Plan to comply with the Conditions of Approval and submit it to the City Administrator for verification of compliance with the PD Development Plan and Conditions of Approval applied by the City.

(2) If the PD Development Plan is found to be in compliance with the approval conditions, it shall be so certified by the City Administrator and placed in the Record File of the Application as the Official PD Development Plan along with all documents relating to dedications, improvements, agreements, restrictions, and associations.

(3) The Platting procedures set forth in Section 2.300 shall be followed and included in the Record File if the property is to be divided or streets are to be dedicated unless private street exceptions have been approved by the City Council.

(4) All public site dedications, development rights to open spaces or other dedications for the entire site or approved staged portion shall be certified and placed in the Record File prior to the issuance of any building permit.

(5) Final copies of all approved articles governing operation and maintenance shall be placed in the Record File prior to the issuance of any building permit.

(6) The PD Overlay-District shall be adopted by City Ordinance. The area shall henceforth be shown on the official zoning map as a PD Overlay-District in addition to the Primary District. All building permits shall be issued only in conformance with the Official PD Development Plan recorded in the Record File.

SECTION 4.226 BONDING

(1) A developer may be required to post financial security, to assure his full and faithful performance in completion of the Official Development Plan. The Security must be acceptable to the City Attorney.

(2) If the developer fails to carry out the Official PD Development Plan as approved and the City has unreimbursed costs or expenses resulting from such failure, the City shall call on the financial security for reimbursements. If the amount of the financial security exceeds the cost and expense incurred by the City, the City shall release the remainder. If the amount of the financial security is less than the cost and expense incurred or anticipated to be incurred by the City, the developer shall be liable to the City for the difference.

SECTION 4.227 PROPOSED CHANGES IN APPROVED PLANS

(1) Major Changes. Major changes in the Official Development Plan after it has been adopted shall be considered a new petition and shall comply with the procedures for adoption. A Major Change is any change that does not qualify as a Minor Change.

(2) Minor Changes. Minor changes in an approved Official Development Plan may be approved by the City Administrator, provided that such changes:

(a) Do not change the character of the development or the population density.

(b) Do not change the boundaries of the PD Overlay-District.

(d) Do not change the location or amount of land devoted to a specific land use.

(e) Do not relax dimensional standards or other specific requirements established by the City as a Condition of Approval.

SECTION 4.228 EXPIRATION

(1) If construction or development has not begun within one year from the date of final approval and acceptance of the Official Development Plan, the City Administrator shall review the status with the owner and make a report of the findings to the Planning Commission and City Council.

(2) Upon abandonment of a particular Planned Development, or if its development has not been substantially completed within the time specified in the Official Development Plan, the City may schedule public hearings to remove the PD Overlay- District unless a request to extend the time limit is approved.

(3) The procedure for removal of a PD Overlay District is essentially the same as for adoption. The proposed removal of the PD Overlay-District shall be reviewed at a public hearing of the Planning Commission to determine whether or not its continuation in whole or in part is in the public interest. If the PD Overlay-District is found not to be in the public interest, the Planning Commission shall recommend to the City Council that the PD Overlay-District of the property be removed. The City Council shall then hold a public hearing on the revocation of the PD Overlay-District and shall either maintain the District, revoke the development plan approval, or grant a time extension if it appears justifiable. If the PD Overlay District is repealed, further use of the property and future structures thereon shall be in accordance with the existing Primary District and may result in a Nonconforming Use.

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