City Council

PORT ORFORD PLANNING COMMISSION AGENDA GABLE CHAMBERS, PORT ORFORD CITY HALL REGULAR MEETING Monday, July 8th, 2024, 5:30 PM Monday, July 8th, 2024, 5:30 PM If unable to join in person; please join the meeting from your computer, tablet or smartphone. https://meet.goto.com/384047157 You can also dial in using your phone. United States (Toll Free): 1 866 899 4679 United States: +1 (571) 317-3166 Access Code: 384-047-157 1. Call to Order 2. Chair Comments 3. Minutes June 10th, 2024 – Attachment (A) 4. Public Comments (On Agenda Items Only) 5. Planning Matters: DLCD Grant Update (pg. 2-26) A. Cottage Residential B. Planned Unit Development 6. Discussion Items A. Planning clearances approved since the last meeting B. CUP extension discussion (pg. 27-28) C. City residency requirements for Commission members. D. Non-Conforming Uses E. New Residential Zone 7. Other Business A. Applications for Appointment: Berndt, Boydson (29-30) B. City Planner Comments C. Planning Commission Comments 8. Public Considerations 9. Future Meetings A. August 12th @ 5:30 10. Adjourn 1  STAFF REPORT To: Greg Thelen, Chair Port Orford Planning Commission From: Crystal Shoji, AICP; City Planner Date: July 8, 2024 Subject: DRAFT Revisions – For Review by Planning Commission July 8, 2024  Language that could be the basis for specifics within the code appear in BOLD font.  Language that would be removed from our current code is shown with cross outs.  Language that exists within our code that addresses housing options with no expectation for change is included with no bold or cross outs.  Planner notes are in italics. 17.040.30 Definitions Definitions of housing types: "Accessory dwelling unit (ADU)" means an interior, attached, or detached residential structure with habitable space that provides shelter, cooking facilities, water and sanitary facilities that is accessory to a single-family dwelling. An ADU is not a motor vehicle or recreational vehicle. ADUs include, but may not be limited to the following examples: 1) Detached structures free-standing accessory structures. 2) Attached conversions such as apartments that are part of the primary dwelling including garage, attic spaces or other. "Apartment house." See "Dwelling, multi-family." Rowhouse" or "Townhouse – maybe not. Revised to Cottage Residential "Cluster residential" means a development technique wherein house sites or structures are grouped closer together with the remainder of the tract left in its a natural state or as landscaped open space. It does not necessarily have a mixture of housing types and uses, and is done in a unit, rather than planned phases. Structures can be in single ownership, be in condominium ownership or other. 2 “Cottage Residential” includes four or more single family detached dwelling units that are under 900 square feet in size in one grouping. This can be organized as a subdivision through Title 16 or maintained in one ownership as rental units, processed through Chapter 17.28 Planned Unit Development. "Condominium" means property development submitted under the provisions of are submitted under ORS Chapter 100, processed in Port Orford through Chapter 16, subdivisions or Section 17.28 Planned Unit Development. "Dwelling, single-family" means a detached building or portion thereof, constructed on or off site containing one dwelling unit an independent living facility for one or more persons with provisions for living, sleeping, eating cooking and sanitation. " Dwelling, multi-family" means a building or other connected dwelling spaces containing three or more dwelling units on an individual lot, including, but not limited to multiplexes and apartments. and condominiums. "Dwelling, two-family" means a building designed for occupancy by two families, living separately, including duplex and semi-detached dwellings. A two family dwelling may also be referenced as a duplex. containing two independent living facilities with permanent provisions for living, sleeping, eating cooking and sanitation. "Family" means an individual or two or more persons related by blood, marriage, legal adoption or guardianship, living together in a dwelling unit in which board and lodging may also be provided for not more than four additional persons, excluding servants; or a group of not more than fi1re persons, who need not be related by blood, marriage, legal adoption or guardianship living together in a dwelling unit. "Household" or "Family" means an individual, or two or more persons living together in a dwelling unit in which shelter, cooking facilities, water and sanitation are available. "Guest house" means a small, detached accessory building without cooking facilities that is designed for and used to house nonpaying transient visitors, guests, or occupants of the primary dwelling on the lot with a single-family dwelling. "Manufactured dwelling," “manufactured dwelling park,” “manufactured home” and “mobile home park” have the meanings given those terms in ORS 446.003. "Manufactured dwelling park" means any place where four or more manufactured dwellings, mobile homes, or prefabricated structures as 3 defined in ORS 455.010,, that are relocatable, and more than eight and one- half feet wide, located within 500 feet of one another on one lot, tract or parcel of land under the same ownership with the primary purpose of renting or leasing space to any person. Renting space refers to a charge or fee paid for the rental or lease or use of facilities, or to offer space free in connection with securing the trade or patronage of such person. Manufactured home" means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, intended for human occupancy, that which is being used for residential purposes, and was constructed in accordance with Federal manufactured housing construction and safety standards and regulations in effect at the time of construction. "Mobile home" means a vehicle or structure constructed wi th wheels for movement on public highways, that which has sleeping, cooking and plumbing facilities; is intended for human occupancy and permanent residential purposes and that met the Oregon Mobile Home Law in effect at the time of construction. that was constructed between January 1, 1962, and June 15, 1976; and met the construction requirements of Oregon mobile home law in effect at the time of construction. The removal of the wheels does not alter this definition. A mobile home shall only be sited within an established mobile home park. "Mobile home park" means a place where four or more mobile homes recreational vehicles, or a combination thereof, are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee paid or to be paid for the rental or use of facilities or to offer space free in connection with securing the trade or patronage of such persons. Mobile home subdivision includes spaces being rented or leased for occupancy by no more than one manufactured dwelling per lot where a subdivision is approved by the City of Port Orford. "Planned Community" means any subdivision under ORS Chapter 92 92.010 to 92.190 that results in a pattern of ownership of real property and all the buildings, improvements and rights located on or belonging to the real property and which is created under ORS Chapter 94. 94.550 to 94.783. "Planned unit development" means a single development in which a combination of uses compatible with the comprehensive plan and with neighboring properties is permitted subject to the procedural requirements of this title. Some An example s are is a planned housing project with single-family, duplex, and multiple-family homes, apartment houses, and a shopping center; or-a recreation facilities complex 4 including the principle uses, parking, sanitary facilities and concessions or other similar uses. or other services to support the residential uses. "Prefabricated structure" means a building or subassembly which has been in whole or substantial part manufactured or assembled using closed construction at an off-site location to be whol y or partially assembled on-site; but does not include a manufactured structure. 1. “Recreational vehicle park” means a place where two or more recreational vehicles, camping vehicles or trailers are located within five hundred (500) feet of one another on a lot, tract or parcel of land under common ownership and having as its primary purpose, the renting of space and related facilities for charge or fee, or the provision of space for free in connection with securing the patronage of a person. “Recreational vehicle park” does not mean an area designated only for picnicking or overnight camping; or a manufactured dwelling park or mobile home park. In addition to City of Port Orford review responsibilities, Oregon State Building Codes has authority for plan review and construction of recreational vehicle parks, except for any Conditional Use Permit that may be required by the City. 17.12.010 Residential zone (1-R). A. Purpose of Classification. The 1-R zone is designed to be applied to residential areas where dwellings are appropriate. B. Uses Permitted Outright. In a 1-R zone, the following uses and their accessory uses are permitted outright: 1. Single-family dwelling or duplex; 2. Manufactured home in accordance compliance with Section 17.16.040; 3. Private stable where building site is one acre or more; 4. Farming where building site is one acre or more, but not including commercial livestock production; 5. Home occupation; 6. Childcare facility; 7. Residential care home; 8. Residential care facility; 9. Accessory dwelling unit (ADU) in compliance with Chapter 17.16.090. C. Conditional Uses Permitted. In a 1-R zone, the following uses and their accessory uses are permitted when authorized in accordance with Chapter 17.32: 1. Church or school; 2. Grange hall or community building; 5  3. Public use facility or public utility, including, but not limited to, fire stations; 4. Recreational vehicle temporarily used to relieve a hardship for a period not to exceed 12 months; 5. Utility facility, including substation or pumping station or private generator; 6. Commercial communications transmitter or receiver antenna; 7. Planned unit development on a lot not less than three acres in compliance with Chapters 16.16 and 17.28. 8. Cottage residential. E. Lot Size. Except as provided in Sections 17.20.030 and 17.20.040 in a 2-R 1-R zone: 1. Lot sizes suitable for building shall be dependent on the availability of public water. If the lot is not served by public water system, the lot area shall conform to the State requirements established for on-site water supply. 2. When both a public water and sewage system are available: a. For uses other than a mobile home park, the minimum lot area shall be 5,000 square feet; or b. The minimum lot width shall be fifty (50) feet. 17.12.020 Residential zone (2-R). A. Purpose of Classification. The 2-R zone is designed to be applied to residential areas where higher density housing is appropriate. B. Uses Permitted Outright. In a 2-R zone, the following uses and their accessory uses are permitted outright: 1. Single-family dwelling or duplex; 2. Manufactured home, in accordance compliance with Section 17.16.040; 3. Multiple Multi-family dwelling; 4. Private stable where building site is one acre or more; 5. Farming where building site is one acre or more, but not including commercial livestock production; 6. Home occupation; 7. Childcare facility; 8. Residential care home; 6  9. Residential care facility. 10. Accessory dwelling unit (ADU) in compliance with Chapter 17.16.090. C. Conditional Uses Permitted. In a 2-R zone, the following uses and their accessory uses are permitted when authorized in accordance with Chapter 17.32: 1. Manufactured dwelling Park Mobile home park; 2. Church or school; 3. Grange hall or community building; 4. Public use facility or public utility, including, but not limited to, fire stations; 5. Recreational vehicle temporarily used to relieve a hardship for a period not to exceed 12 months; 6. Utility facility, including substation or pumping station or private generator; 7. Commercial communications transmitter or receiver antenna; 8. Planned unit development on a lot not less than three acres in compliance with Chapters 16.16 and 17.28; 9. Cottage residential. 10. Hospital, sanitarium, retirement home, medical or dental clinic. 17.12.030 Commercial zone (4-C). A. Purpose of Classification. The 4-C zone is designed to apply to areas where more complete commercial facilities are necessary for community convenience. B. Uses Permitted Outright. In a 4-C zone, the following uses and their accessory uses are permitted outright, provided that such use of operation does not create a nuisance because of odor, noise, dust, smoke, or gas: 1. Single-family dwellings or duplex; 2. Manufactured home, in compliance with Section 17.16.040; 2. 3. Multiple Multi-family dwellings; 3. 4. Hotel or motel; 4. 5. Club or lodge hall; 5. 6. Hospital, sanitarium, retirement home, medical or dental clinic; 6. 7. Retail or service establishment; 7. 8. Automobile service station; 7  8. 9. Machinery, farm equipment, marine or automotive sales, service, storage or repair; 9. 10. Building material storage yard; 10. 11. Plumbing, electrical or paint contractors storage, repair or sales shop; 11. 12. Tire retreading or vulcanizing shop; 12. 13. Wholesale, trucking and storage establishment; 13. 14. Machine shop or cabinet shop; 14. 15. Manufacturing, repairing, compounding, processing, storage, research, assembling or fabricating activities except those specifically listed in Section 17.12.040 (C); 15. 16. Park playground, fire station, library or museum; 16. 17. Childcare facility; 17. 18. Residential car care home; 18. 19. Residential care facility. C. Conditional Uses Permitted. In a 4-C zone, the following uses and their accessory uses are permitted when authorized in accordance with Chapter 17.32: 1. Mobile home park and/or recreational vehicle park; Manufactured dwelling Park Mobile home park; 2. Recreational vehicle park; 3. Planned unit development on a lot of at least three acres in area in compliance with Chapters 16.16 and 17.28. 4. Cottage residential. 5. Utility facility, including substation or pumping station or private generator; 6. Communications transmitter, receiver, antenna or tower; 7. Wind generator; 8. Prefabricated structure not located in a Manufactured home park. 17.12.040 Industrial zone (5-I). A. Purpose of Classification. The industrial zone is generally intended to provide for limited or light industrial uses. Conditional uses in this zone are designed for heavier industrial uses. B. Uses Permitted Outright. In a 5-I zone, the following uses and their accessory uses are permitted outright: 1. Single-family dwellings or duplex; 8  2. Multiple Multi-family dwellings; 3. Hotel or motel; 4. Club or lodge hall; 5. Hospital, sanitarium, retirement home, medical or dental clinic; 6. Retail or service establishment; 7. Automobile service station; 8. Trailer or camping vehicle park; Recreational vehicle park; 9. Machinery, farm equipment, marine or automotive sales, service, storage or repair; 10. Building material storage yard; 11. Plumbing, electrical or paint contractor’s storage, repair or sales shop; 12. Tire retreading or vulcanizing shop; 13. Wholesale trucking and storage establishment; 14. Machine shop or cabinet shop; 15. Manufacturing, repairing, compounding, processing, storage, research, assembling or fabrication activities except those specifically listed in subsection C of this section; 16. Utility facility, including substation or pumping station or private generator; 17. Communications transmitter, receiver, antenna or tower; 18. Childcare facility; 19. Residential care home; 20. Residential care facility. C. Conditional Uses Permitted. In a 5-I zone, the following and their accessory uses are permitted when authorized in accordance with Chapter 17.32: 1. Manufacturing plant, including lumber and plywood mills; 2. Rendering plant or slaughterhouse; 3. Pulp or paper mill; 4. Cement or asphalt plant; 5. Airport or heliport; 6. Church or school; 7. Park, playground, fire station, library or museum; 8. Planned unit development on a lot of at least three acres in area in compliance with Chapters 16.16 and 17.28. 9. Cottage residential. 9 17.12.060 Marine activity zone (7-MA). A. Purpose of Classification. The marine activity zone is to provide areas suitable for uses which depend upon or are benefitted by a waterfront location, and to reserve such areas for these uses. B. Uses Permitted Outright. In a 7-MA zone, the following uses and their accessory uses are permitted outright: 1. Boat launching or moorage facilities, marina, boat charter service; 2. Piers, docks, bulkheads, jetties and backfills; 3. Seafood processing, storage and sales; 4. Boat and marine equipment sales, service, storage, rental or repair; 5. Fishing supply storage, manufacturing and sales; 6. Retail sales of water sporting goods or similar commodities; 7. Dredging and fill maintenance; 8. Offices which are related to marine activity; 9. Experimental laboratory for research or marine coastal production or resource; 10. Aquaculture and accessory facilities; 11. Open recreation area and park or recreational facility; 12. Day use and picnicking. C. Conditional Uses Permitted. In a 7-MA zone, the following uses and their accessory uses are permitted when authorized in accordance with Chapter 17.32: 1. Eating and drinking establishments; 2. Motel or hotel; 3. Gift, novelty, or specialty shops, including the manufacture of such goods; 4. Government structure and use of land; 5. Storage of marine-oriented materials; 6. Public utility or public communication facilities; 7. Small boat manufacturer. 10  17.12.080 Shoreland overlay zone (9-SO). A. Purpose of Classification. The purpose of the 9-SO zone is to protect shoreland resources identified in the comprehensive plan and to apply development standards to all uses within the shoreland boundary as applicable. B. Uses Permitted Outright. In the 9-SO zone, the following uses are permitted outright. If they are conditional uses in the underlying zone, they shall be subject to the conditions referenced in Chapter 17.32. 1. Uses allowed in the underlying zone; 2. Propagation and harvesting of forest products consistent with the Oregon Forest Practices Act; 3. Water-dependent commercial and recreational developments; 4. Aquaculture; 5. Single-family residences on existing lots or parcels dwelling. 6. Dredged material disposal (DMD), mitigation or restoration on sites designated in the comprehensive plan. 17.12.090 Battle Rock mixed use zone (10-MU). A. Purpose of Classification. The intent of the Battle Rock mixed use (10-MU) zone is to maintain small coastal town ambiance and small town neighborhood character by enhancing the economic value by identifying its unique features with planning that can systematically organize the development that will occur in the future, to encourage pedestrian friendly tourist commercial uses, and provide opportunities for residents and visitors to enjoy the built and natural environment. B. Uses Permitted Outright. In the 10-MU zone, the following uses and their accessory uses are permitted outright subject to the conditions within this chapter: 1. Single-family dwelling or duplex; 2. Manufactured home, in accordance with Section 17.16.040; 3. Multiple Multi-family dwellings; 4. Home occupations; 5. Hotel, motel or other lodging; 6. Restaurants; 7. Club or lodge hall; 8. Emergency care facilities, medical or dental clinic; 9 Retail use, professional office or service use, including galleries; 11  10. Light manufacturing; 11. Park playground, fire station, library or museum; 12. Childcare facility; 13. Residential care home or residential care facility; 14. Any permitted use where building footprint exceeds 6,000 square feet, shall be subject to site plan review to comply with the provisions set forth in Chapter 17.33, Site Plan Review; 15. Any permitted use where building length exceeds 125 feet shall be subject to site plan review to comply with the provisions set forth in Chapter 17.33, Site Plan Review; 16. Day use and picnicking; C. Conditional Uses Permitted. In a 10-MU zone, the following uses and their accessory uses are permitted when authorized in accordance with Chapter 17.32, and subject to the conditions within this 10-MU zone chapter: 1. Manufactured dwelling home park subject to Section 17.32.050 (A) and (E); 2. Planned unit development, planned community, and cluster residential with multiple structures subject to in compliance with Chapters 16.16 and Section 17.28 on a lot of at least three acres in area, and subject to Section 17.32.050(A); 3. Utility facility, including substation or pumping station or private generator, subject to Section 17.32.050(A) and (D); 4. Wireless telecommunications facility, subject to building height restriction of zone, and subject to Section 17.32.050(A) and (D); 5. Wind generator, subject to Section 17.32.050(A) and (D); 6. Unified development on a lot of at least one-half acre, or 21,780 square feet, subject to Section 17.32.050(A); 7. Any permitted use with prefabricated structure, subject to Section 17.32.050(A) and (I). 8. Cottage residential. E. Design Standards for All New Development. All new structures and substantial improvements in a 10-MU zone shall conform to the following design standards: 8. Manufactured Home Dwelling park. When manufactured Where homes within the manufactured home dwelling park are oriented with their back or side yards facing a public right-of-way, the Planning Commission may require installation of fencing and planting of a 10-foot-wide landscape buffer between 12  the right-of-way and the manufactured home park for the privacy and security of residents and the aesthetics of the streetscape. Chapter 17.16 Supplementary Provisions 17.16.040 Manufactured home placement on individual lots. A manufactured home placed on an individual lot shall comply with the following provisions. C. The manufactured home shall be certified by the manufacturer to have an exterior thermal envelope meeting performance standards which reduce heat loss to levels equivalent to the performance standards required of single-family dwellings constructed under the State Building Code. Evidence demonstrating that the manufactured home meets “Super Good Cents” energy efficiency standards is deemed to satisfy the external thermal envelope certification requirement. Additional certification shall not be required. A. The manufactured home shall be multi-sectional and enclose a space of not less than 1,000 square feet. B. The manufactured home shall have the hitch, wheels and axles removed and be placed on an excavated and backfilled foundation and enclosed at the perimeter such that the manufactured home is not more than 12 inches above grade. C. The manufactured home shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings. D. The manufactured home shall be certified by the manufacturer to have an exterior thermal envelope meeting performance standards which reduce heat loss to levels equivalent to the performance standards required of single-family dwellings constructed under the State Building Code. Evidence demonstrating that the manufactured home meets “Super Good Cents” energy efficiency standards is deemed to satisfy the external thermal envelope certification requirement. Additional certification shall not be required. 17.16.090 Accessory Dwelling Unit (ADU) The purpose of this clause is to increase housing options within the City of Port Orford. All the following criteria shall apply. 13 A single ADU with a kitchen is a permitted accessory use to an existing single- family-dwellings on an individual lot within 1-R and 2-R in residential zones subject to all the following: a. An ADU is permitted to serve as a long-term rental; An ADU is not permitted to be used for a short-term rental in increments of 30-days or less. b. No ADU shall be permitted on a lot that is less than 5,000 square feet. c. An ADU shall not be advertised or otherwise promoted as a vacation rental. d. An ADU is not permitted on an individual lot where more than one dwelling unit already exists through a permitted duplex, a grandfathered dwelling use, a violation other. e. An ADU is permitted to have a maximum footprint of 750 square feet including enclosed habitable space. f. A guest house that exists on an individual lot may be modified to include a kitchen when there is compliance with all the criteria of Section 17.16.090. g. An ADU shall comply with all the setbacks of the zone. h. Applications for an ADU shall include a site plan with measurements showing that there is room for three (3) dedicated parking spaces on the lot in order to be approved for an ADU. i. Residents and visitors of the ADU shall not block mailboxes where there is street delivery of mail. j. An ADU shall obtain separate hookups for sewer and water from those of the single-family dwelling on the property. k. An ADU shall comply with all building codes applicable for habitation as a single-family dwelling. 17.32.050 Additional standards governing conditional uses. In addition to the standards of the zone in which the conditional use is located and the other standards in this title, conditional uses must meet the following standards: A. Conditional Uses, Generally. 1. Setbacks. In a residential zone, yards shall be at least two-thirds the height of the principal structure. In any zone additional yard requirements may be imposed. 14 2. Limitation on Access to Property and on Openings to Buildings. The City may limit or prohibit vehicle access from a conditional use to a residential street, and it may limit or prohibit building openings within 50 feet of residential property in a residential zone if the openings will cause glare or excessive noise or will otherwise adversely affect adjacent residential property. 3. The City may require assurances to guarantee development in accordance with the standards established and conditions imposed in granting a conditional use. B. Church, Hospital, Nursing Home, Convalescent Home, Retirement Home, Multi- family dwelling unit(s), not including condominiums. 1. A church, hospital, nursing home, convalescent home or retirement home may be authorized as a conditional use after consideration of the following factors: Such uses may be authorized by the Planning Commission as a conditional use after presentation of a site plan addressing all of the following factors and findings that the Planning Commission has determined that the use complies with City requirements and will serve the needs of the intended use. a. Sufficient area provided for the building, required yards, and off-street parking (related structures and uses such as a manse, parochial school or parish house are considered separate principal uses with additional lot area required); A map of existing features on the property and identified adjacent uses. This map should include but not be limited to topography, wetlands, natural hazards, adjacent streets with widths and location of underground and overhead utilities. b. Location of the site relative to the service area of the church, hospital or home; Proposed ingress and egress. c. Probable growth needs. Proposed underground and overhead utilities including water and sewer lines and lighting. d. Site location relative to land uses in the vicinity; and All proposed structures. e. Adequacy of access from principal streets together with the probable effect on traffic volumes of abutting and nearby streets. Proposed parking spaces with identification of ADA spacing, areas for loading and unloading, and travel lanes with widths and improvements. f. Proposed sidewalks. g. Proposed landscaping. h. Setbacks. 15  i. Proposed shelters or structures for mechanical equipment and refuse. 2. A church, hospital, nursing home, convalescent home, or retirement home may be built to exceed the height limitations of the zone in which it is located to a maximum height as determined by the State Fire Marshal if the total floor area of the building does not exceed one and one-half times the area of the site and if yard dimensions in each case are equal to at least two-thirds of the height of the principal structure. E. Mobile Home Park. Manufactured Dwelling Park A mobile home manufactured dwelling park may be permitted as a conditional use provided it meets the requirements of the zoning, Chapter 446 of Oregon Revised Statutes, and the Rules Governing the Construction and Sanitary Operation of Travelers’ Accommodations and Trail Parks adopted by the Oregon State Board of Health. and all the following standards: 2. In addition, the following minimum standards shall apply: 2. Oregon State Building Codes has authority for plan review and construction of manufactured dwelling parks. 3. Improvements in manufactured dwelling parks shall include paved streets, roads and parking areas with fire hydrants and roadways designed to accommodate the movement of public fire vehicles to provide protection to the entire park. 4. Parking Space Requirement. A parking space shall be provided for each mobilehome manufactured home space on the site. In addition, guest parking spaces shall also be provided in every mobilehome park within two hundred (200) feet of the mobilehome spaces each manufactured home space and served at a ratio of one guest parking space for each two mobilehome manufactured dwelling spaces. Parking spaces shall have durable and dustless surfaces adequately maintained to city standards for all-weather use. and shall be properly drained. with approved drainage. 5. Manufactured dwelling parks shall not be used for transient occupancy stays of less than thirty (30) days). 6. Maps showing topography, wetlands, hazards, and other site conditions shall be included on a map and included as an element of any application to the City. 7. A site plan drawn to scale shall be provided. The site plan shall show adjacent properties, streets, and street widths, proposed spacing, existing vegetation to be maintained, proposed landscaping including selected plant species, walkways, parking, storage, permanent structures, office space and other information required by this section. 16 8. Utility easements including those for city services, electricity, and other public facilities shall be shown on the site map. Provisions for television and telephone shall be provided. Sewer and water and hookup locations shall be included. 9. The perimeter of the property shall have setbacks that comply with the zone; and where the zone has no setback requirements, the setbacks for the use shall be as follows: a. The front yard shall be a ‘minimum of ten feet. b. The side yard shall be a minimum of 10 feet. c. The rear yard shall be a minimum of 10 feet. 10. Setback areas shall be landscaped with vegetation that is expected to grow to six feet in height at maturity, and thrive within the local climate, without a necessity for ongoing watering. Approved six-foot fencing may be substituted for landscaping on some sides of the property subject to Planning Commission approval. Vegetation, landscaping, and fencing shall be maintained. 11. The manufactured dwelling park shall have engineered plans approved for storm and surface water management and erosion prevention and sediment control in compliance with Chapters 17.17 and 17.18. 12. Depending upon the size of the manufactured dwelling park, the Planning Commission may require a playground, open space, or other common facilities. 13. A manufactured dwelling park shall show evidence of City sewer and water or State approved community water and sewer systems. 14. Any locations for accessory buildings to be permitted in the manufactured dwelling park shall be approved as an element of the site plan for the manufactured dwelling proposed for approval by the Planning Commission. 15. Manufactured dwellings in a manufactured dwelling park shall include a water closet, lavatory and bathtub or shower, and a kitchen area containing a sink. 16. In a manufactured dwelling park in which individual lots are separately owned, the same person shall own the manufactured dwelling to be situated thereon, and the owner of the lot shall agree that if the manufactured home is removed from its foundation, the owner shall within 30 days either replace the manufactured home with another approved home, or remove the foundation, manufactured home accessory structures and other structures on the property and disconnect sewer, water and other utilities. The agreement shall further provide that the city may make the removal and disconnection and place a lien against the property for the cost of the work. 17 Chapter 17.28 Planned Unit Developments 17.28.010 Standards and requirements. General Provisions. Purpose and Intent The following shall be observed when a planned unit development in a zone in which it is permitted. (Ord. 278 § 5.010, 1977) The PUD conditional use permit process provides an opportunity for the property owner to preserve unusual physical features that are part of the site by providing for equivalent use of the remainder of the property to comply with the intent of the zoning. Historical, topographical, or other distinctive features of the property may be protected or enhanced through the PUD. This could include, but is not limited to features such as roads, common facilities open space or other. and may include varying housing types. A PUD may include varying housing types. Examples include subdivision, cottage residential, manufactured home park, RV Park and condominium development. The intent is to develop land and housing in a manner that creates an attractive, healthful, efficient, and stable environment with flexibility. 17.28.020 Procedures. Application The following procedures shall be observed is required when a planned unit development proposal is to be submitted for consideration. Procedures and documents to be included for submitting the application are provided within this section: A. An applicant shall submit 15 copies of a preliminary development plan to the Planning Commission for study at least seven days prior to the commission meeting at which it is to be considered. The preliminary plan shall include the following information: A preapplication conference shall be scheduled with the City prior to the filing of any application for a PUD. The applicant is required to address the intent of the PUD and provide draft documents described in this Section. Engineers, planners, architects, or other professionals who will be preparing the application should be included in the preapplication meeting. The City may invite state agency personnel or other stakeholders having an interest in the application. B. The following documents are to be included in the application: The preliminary plan shall include the following information: 1. Proposed land uses, building locations and housing unit densities; 2. Proposed circulation pattern indicating the status of street ownership; 3. Proposed open space uses; 18  4. Proposed grading and drainage pattern; 5. Proposed method of water supply and sewage disposal; 6. Economic and supporting data to justify any proposed commercial and industrial elements in the area not so zoned; 7. Relation of the proposed development to the surrounding area and to the comprehensive plan. B. Prior to discussion of the plan and a planning Commission meeting, copies shall be given to the City Engineer and county sanitarian for study and comment. 1. Existing site maps showing physical features of the site and narrative that addresses the PUD. 2. Proposed land uses, building locations and housing units with density, calculations that comply with the zoning; or explanation of a vision to meet a housing need, with reasons and findings as to any purpose for the development and a proposal to dispense with such density calculations. 3. Description of unusual physical or cultural feature(s) of the property which can be conserved and thus provide the applicant with equivalent use of the property as a result of the PUD process; 4. Proposed circulation pattern indicating the proposed street ownership; 5. Proposed open space and common areas including appropriate access with pathways or sidewalks; 6. Site maps with topography, culture, or history with and notations of special conditions or objectives that exist to warrant departure from standard zoning requirements; 7. Proposed method of water supply and sewage disposal; 8. Setbacks around the perimeter of the property that comply with the zoning; 9. Proposed landscaping plan that shows landscaping and any fencing; proposed within the perimeter of the site in compliance with the zoning; 10. Economic and supporting data to justify any proposed nonresidential elements; 11. Lighting to comply with Chapter 15.17 Outdoor Lighting Code; 12. Analysis of the proposed development in relationship to the neighborhood and the streets. 19  13. Declaration of Covenants, Conditions, Restrictions and Easements (CC&Rs), articles and bylaws of the homeowner's association (HOA) as applicable. B. Prior to discussion of the plan and a Planning Commission meeting, copies shall be given to the City Engineer and county sanitarian for study and comment. C. The applicant shall submit a consolidated plan that includes all that is required under Municipal Code Chapter 16.16 including submission of a tentative plan in compliance with Section 16.08.020. D. The applicant shall include analysis of the PUD in relation to adjacent streets and properties to assure that there are not negative aspects due to lack of capacity. E. The applicant shall provide a timeframe for completion of the project along with explanations or charting of activities to be completed. F. The City will schedule and provide notice of a Planning Commission’s public hearing. G. Following any approval of the tentative plat, the applicant shall comply with Chapter 16.20 Final Plats. C. In reviewing the preliminary plan, the commission must determine that: 1. Special physical conditions or objectives or development exist to warrant a departure from standard regulation requirements. 2. Resulting development will not be inconsistent with the comprehensive plan objectives or zoning provisions of the area. 3. The area around the development can be planned to be in substantial harmony with the proposed plan. 4. The plan can be completed within a reasonable period of time. 5. Any proposed commercial or industrial development can be justified economically. 6. The streets are adequate to support the anticipated traffic and the development will not overload the streets outside and adjacent to the planned unit development. 7. Proposed utility and drainage facilities are adequate for the population densities and type of development proposed. D. If the Planning Commission finds that the foregoing provisions are satisfied, the proposal shall be processed in accordance with the procedure used for 20  establishing a subdivision. If the Planning Commission finds to the contrary, they may recommend the application be denied or returned to the applicant for revision. E. In addition to the requirements of this section, the Planning Commission shall follow the procedure for considering an amendment as required in Chapter 17.32. F. Permits for the construction in a planned unit development shall be issued only on the basis of the approved plan. Any changes in the approved plan shall be submitted to the commission for processing as an amendment to this title. G. An approved planned unit development shall be identified on the zoning map. (Ord. 278 § 5.020, 1977 17.28.050 Criteria for Approval of a PUD A. Compliance with the Port Orford Comprehensive Plan Goals and Policies. B. Compliance with the Provisions of Chapter 17.28. C. Compliance with Title 16, Chapter 16.16 of the Port Orford Municipal Code, except where the Planning Commission permits deviation and provides findings to allow for a needed housing type that is not addressed within Chapter 16.16. D. Compliance with Chapter 16.08.020 Tentative plans and plats – Contents, and Chapter 16.20 Final Plats. E. Compliance with Municipal Code Chapter 15.17 Outdoor Lighting Code. F. Streets are adequate to support the anticipated traffic. G. Demonstrated ability to complete the plan within the proposed stated timeframe. H. Compliance with Municipal Code, Chapter 17.17 Erosion Prevention and Sediment Control, Chapter 17.18 Storm and Surface Water Management Standards, and other requirements of the code that apply. I. Compliance with the provisions of any applicable overlay zones. J. Proposed utilities are adequate for the development. K. Compliance with ORS 94 Real Property Development and other Oregon laws which regulate specific uses to be included in the PUD. L. The proposed Declaration of Covenants, Conditions, Restrictions and Easements (CC&Rs), articles and bylaws of the homeowner's association (HOA) as provided need to comply with applicable Oregon laws including but not limited to ORS 94 Planned Communities, and ORS 100 Condominiums. Chapter 16.16 director and planning PLANNED UNIT DEVELOPMENTS commission. Sections: 16.16.010 General provisions. 16.16.010 General provisions. A. A planned unit development is a 16.16.020 Tentative plans– development Contents. for multiple use of all or a portion of the 16.16.030 Action by the planning 21 land and facilities. Examples are a commission may require only such changes condominium, as subdivision-type development, where there are necessary for compliance with its are approval common areas such as parks, recreational of the tentative plan. areas G. Detailed specifications of buildings are and facilities, etc., for the use of the owners not required, however the applicant must or furnish occupants rather than the general public; proof that the same comply with applicable trailer building, health, fire and safety codes. or mobile home parks, or private mausoleum H. Before final approval the applicant must or furnish proof of compliance with all cemetery. applicable B. The intent of a planned unit development laws pertaining to condominiums and joint is ownership and use. to develop land for residential, business, I. Because of varying types and complexities commercial, industrial or other uses in a of planned unit developments, the manner specifications which creates an attractive, healthful, required herein are minimum requirements, efficient and greater detail may be required by and stable environment. the planning director or planning C. No multiple unit structure or structures commission. shall be constructed on one site containing (Ord. 258 § 7(A), 1974) over 16.16.020 Tentative plans–Contents three acres unless it is an approved planned A. The tentative plat or map shall be to the unit largest practical scale so as to show clearly development. all D. Before any plan or plat of a planned unit details and shall be to a scale of one inch to development may be made and recorded, the twenty-five (25), fifty (50) or one hundred person proposing the same or his authorized (100) feet. agent or representative, shall make an B. The tentative plat or map shall in general application follow the requirements for tentative plans in writing to the planning commission for and approval thereof. Each application shall be plats of subdivisions as contained in Section accompanied by seven copies of a tentative 16.08.020, and, in addition, shall contain the plan following: including plats and maps showing the 1. Location and dimensions of all proposed general and existing structures together with the design. name E. The application shall be filed with the and address of any architect, engineer or city clerk. designer designing the same; F. Approval of the tentative plan shall not 16.04.070 constitute final acceptance, however, 132 approval 2. Housing or use densities; of such tentative plan shall be binding upon 3. Location and size of all parking areas; the 4. Landscaping, walls and fences. (Ord. 258 planning commission for the purposes of the § preparation of the final plan and the 7(B), 1974) planning 16.16.030 Action by the planning director and planning 22 commission. In general the actions taken by the planning director and the planning commission shall be the same as stated in Section 16.08.040, pertaining to subdivisions and major partitions. In the event of a zone change or a conditional use permit is required, the planning commission shall 23 first dispose of this. If such disposition is favorable to the applicant, the planning commission shall then proceed with the consideration of the planned unit development in accordance with Section 16.08.040, subsections D and E. (Ord. 258 § 7(7), 1074) Chapter 16.16 PLANNED UNIT DEVELOPMENT Sections: 16.16.010 General Provisions. 16.16.020 Tentative plan. 16.16.030 Final Plat. 16.16.010 General Provisions A. The purpose of this chapter is to provide the necessary linkage necessary for the subdivision plat to work hand in hand with Chapter 17.28, which addresses the site and the integration of zoning with the physical and cultural features of the property. B. This chapter provides an option for cottage residential development. Applicants may utilize Planned Unit Development criteria as an option to create a unique subdivision with common areas. C. A Tentative Plan shall be approved in a consolidated application with Chapter 17.28 of the Port Orford Municipal code whereby the application for a PUD is approved through a Conditional Use Permit. D. Approval of the tentative plan is binding upon the City for purposes of the preparation of the final plan. The Planning Commission may require only such changes as are necessary for compliance with the approval of the tentative plan. E. Final Approval constitutes compliance with all the applicable requirements and conditions of the City and State of Oregon for approval of the PUD. Upon final approval, the approved PUD is identified on the zoning map. 1616.020 Criteria for cottage residential development. Cottage residential is intended to provide an option for a group of smaller housing units fronting on a roadway or common area. A. Cottage residential shall contain a minimum of four (4) dwelling units. B. Any modifications to street standards may be permitted as part of the Conditional Use Permit application provided that there is compliance with the following: 24  a. Proposed streets shall be included on the site plan for development presented by the applicant as part of the consolidated approval of the PUD through the conditional use permit process. b. There shall be compliance with fire safety standards of the State Fire Marshal. c. Each lot shall have frontage or access on a public street. d. Two spaces for parking shall be provided on each subdivision lot, or otherwise a common parking area may be organized to include two parking spaces for each dwelling with a maintenance plan to be shared by all of the owners. e. A maintenance plan for streets and common areas shall be part of the application except where a road is built to City specifications and accepted by the City of Port Orford. C. Cottage residential shall not be utilized for vacation rentals D. Cottage residential subdivisions shall be separated by fenced yards, or ten (10) feet of landscaping approved as an element of the PUD through the consolidated land use processes of the conditional use permit approval and the organization of a subdivision or amalgamation of lots through a replat process. E. Cottage residential dwellings shall include at least three of the following building articulation features: a. Dormer. b. Recessed entry. c. Bay or bow window. d. Attached garage. e. Roof with a pitch greater than nominal 3/12. f. Offset on building face or roof that is a minimum of twelve (12) inches. g. Covered porch entry. h. Eaves that are a minimum of six inches. i. Roof of tile, composition, shake, standing seam metal or other metal roofing simulating traditional roofing material such as slate and tiles. j. Shingle siding. k. Shutters. l. Secondary entrance. m. Other design features may be considered subject to approval by the City Planning Commission or the City Council as applicable to the approval process. 16.16.030 Tentative plan A. The tentative plat or map shall be to the largest practical scale to show the required details and shall be to a scale of one inch to twenty-five (25), fifty (50) or 100 (100) feet. B. The Tentative plan map(s) shall be as specified for tentative plat maps included for subdivisions and partitions as contained in Section 16.08.020, with additional items for the PUD application as follows: 25  a. Any replat, boundary adjustments or partitioning that is necessary for the PUD use shall be part of the consolidated application. b. The boundary line of the entire tract to be included within the PUD. c. Location and dimensions of all proposed structures, and existing structures that will remain on the tract shall be shown. d. The name of the PUD shall not be identical to any other PUD or subdivision within Curry County. e. The name and address of any architect, engineer, surveyor and/or landscape architect involved in preparing the application. f. Legal description, and assessor’s map numbers shall be included. g. Contours with intervals of five feet or less shall be shown. h. The names of adjacent subdivisions and partitions shall be included. i. The location, widths, and names of all existing or platted streets or other public ways within or adjacent to the tract shall be included. j. Proposed street patterns and sidewalks in the interior, with widths, grades, and names of all streets within the PUD shall be provided. k. A chart with approved housing density equivalents shall be included except where such requirements do not exist in the specific zone. l. Location, size and provision for maintenance of any common ownerships including, but not limited to streets, sidewalks, trails, parking areas and open space shall be included, along with dimensions. m. Any existing wetlands, hazard areas, tsunami overlay, or flood overlay areas shall be identified and considered in the presentation for development of the site. n. Accesses for the PUD shall be specified. o. Easements, together with their location and purpose shall be included. p. Metes and bounds description of the PUD lot, with distances to the nearest tenth of a foot and angles to the nearest thirty-second shall be included. q. Zoning as set forth in the zoning ordinance for the PUD lot shall be identified. r. Location of all monuments found or set in the area shall be included. s. A plan providing for electrical and other necessary services to the lot, with letters from the appropriate utilities stating that they can serve the PUD use shall be included. t. Landscaping plan and any walls or fencing to be part of the PUD. u. A storm and surface water management plan as set forth in Chapter 17.18 shall be provided. v. An erosion and sediment control plan as set forth in Chapter 17.17 shall be included. w. A vicinity map with the site identified shall be included. x. Other information that may be required by the City. 16.16.030 Final plat The Final Plat shall comply with the approved tentative plan, subject to Chapter 16.20; the final plat shall also comply with applicable provisions of Oregon laws, which may apply, depending upon the configuration of the PUD. These laws may include one or more of the following: a. ORS 92, Subdivisions and Partitions. b. ORS 94, Real Property Development (planned communities). c. ORS 100, Oregon Condominiums Law. 26 CUP Extension Discussion Planning Commission Chair Thelen: At the November Port Orford Planning Commission meeting, a brief mention was made of adding criteria in the Municipal Code for CUP extensions. This action is seriously needed and long overdue! I hope that the commission will take up the task soon. Following is my suggestion for revising the language, as a possible starting point for your discussion. From the current PO Municipal Code: "17.32.060 Time limit on a permit for conditional use. Authorization of a conditional use shall be void after one year or such lesser time as the authorization may specify unless substantial construction has taken place. However, the Planning Commission may extend authorization for an additional period not to exceed one year, upon written application to the Planning Commission." Suggested revision, with language to be removed underlined, new language in bold type: Authorization of a conditional use shall be void after one year or such lesser time as the authorization may specify unless substantial construction has taken place. However, the Planning Commission may extend authorization for an additional period not to exceed one year a maximum of one additional year, upon written application to the Planning Commission and review of the conditions of approval at a quasi-judicial public hearing. To suggest this revision, I have consulted the Model Development Code for Small Cities from DLCD, which is available at this link: https://www.oregon.gov/lcd/TGM/Pages/Model- Code.aspx Most helpful were Article 4.4.040 (B) (14) on PDF page 44 regarding CUP renewals, and Article 4.1.040 regarding quasi-judicial hearings (beginning on PDF page 11). Of course, your discussion should include reviewing applicable ORS provisions as well as advice of the city planner, Ms. Shoji, and the city attorney. What seems to me essential is a full review of the terms of the original CUP, whether the applicant for renewal is in compliance, and whether the conditions should be revised under the extension. Thank you for your consideration, Penny Suess 834 Deady Street Port Orford Originally submitted on November 10, 2023 via e-mail 27  B. PORT ORFORD C. 17.32.060 Time limit on a permit for conditional use. Authorization of a conditional use shall be void after one year or such lesser time as the authorization may specify unless substantial construction has taken place. However, the Planning Commission may extend authorization for an additional period not to exceed one year, upon written application to the Planning Commission. (Ord. 278 § 6.050, 1977) GOLD BEACH Section 6.060. Time Limit on Permit for Conditional Use. 1. Authorization of a conditional use shall be void after one year or such lesser time as the authorization may specify unless substantial construction has taken place. Substantial construction, in this case, means obtaining all necessary permits required by governmental agencies to commence construction of any structures or to commence the principal activity permitted by the conditional use permit. 2. Once the construction of the structure or facility specified in the conditional use permit is completed the conditional use permit is considered to be issued on a permanent basis. 3. The Planning Director may at their discretion issue conditional use permits which must be periodically reviewed to ascertain that the conditions of the permit are being complied with on a continuing basis. 4. The Planning Director may grant an extension if: a) An applicant makes a written request for an extension of the development approval period; b) The request is submitted to the Planning Director prior to the expiration of the approval period; c) The applicant states reasons that prevented the applicant from beginning development within the approval period; and d) The Planning Director determines that the applicant was unable to begin development during the approval period for reasons for which the applicant was not responsible. Upon written application by the applicant, the Planning Director may extend authorization for an additional period not to exceed one year 28 CURRY COUTY Section 7.050. Time Limit on a Permit for Conditional Uses. 1. Authorization of a conditional use and permitted use, inside an urban growth boundary shall become null and void under the subsections (a) and (b) below unless substantial construction has taken place or an extension has been granted under Section 7.050 (5).Substantial construction in this case means obtaining all necessary permits required by governmental agencies to commence construction of any structures or to commence the principal activity permitted by the Conditional Use Permit. a) Authorization for uses in Sections 3.040 and 3.060 shall be void after four years. b) Authorization for all other uses shall become null and void after one year. 2. Once the construction of the structure or facility specified in the Conditional Use Permit or Permitted Use is completed the Conditional Use Permit and Permitted use is considered to be authorized on a permanent basis. 3. Authorization of a Conditional Use Permit for transportation-related uses shall be null and void after a period specified by the decision specified by the decision maker as being reasonable and necessary based on seasonal weather conditions, right-of-way acquisition, and other pertinent factors. This period shall not exceed three years. 4. Notwithstanding the requirements of 7.050(a) and (b), a discretionary decision approving development on agricultural or forest outside an Urban Growth Boundary (UGB) is void two years from the date of the final decision if the development is not initiated in that period. 5. The County may grant one extension period of up to 24 months if: a) An applicant makes a written request for an extension of the development approval period; b) The request is submitted to the County prior to the expiration of the approval period; c) The applicant states reasons that prevented the applicant from beginning development within the approval period; and d) The County determines that the applicant was unable to begin development during the approval period for reasons for which the applicant was not responsible. 6. The two year limit and standards for granting extensions of the Conditional Use Permits and Permitted Use authorization in subsection 5 above do not apply to those Conditional and Permitted Use Permits that do not involve structural development. 7. Additional extensions may be authorized under this section providing the applicable criteria for the decision have not changed. 8. Approval of an extension granted under this section is subject to appeal as a land use decision. 29 30 31