Bay City, Oregon's Amendment Proposal - Meeting scheduled for 2/20/07

By
Real Estate Agent with Coldwell Banker Evergreen Realty
 Proposed changes to Development and Comprehensive Plan


February 20, 2007 Meeting

AMENDMENTS BY TITLE

BAY CITY DEVELOPMENT ORDINANCE AMENDMENTS

# 1: AMEND Section 1.412 Minimum Common Open Space

# 2: AMEND Section 1.514 Minimum Common Open Space

# 3: AMEND Section 1.615 Minimum Common Open Space

# 4: AMEND Section 1.7 Hazard Overlay Zone

# 5: AMEND Section 3.102 Planning Commission Authority

# 6: AMEND Section 3.103 Buffers and Screens

# 7: ADD to Section 3.75 Standards for Manufactured Dwellings (f)

# 8: ADD to Section 3.751 Standards for Manufactured Dwellings (l), (m), (n), (o)

# 9: AMEND Section 3.8 Sign Ordinance

#10: AMEND Article 5, Section 5.1, Section 5.1, Subdivision, Partitioning, Cluster,

and Planned Development

#11: AMEND Section 5.107 Planned Development

#12: DELETE Sections 5.2 Cluster Development and 5.201, 5.202, 5.203, 5.204, 5.205

#13: AMEND Section 9.010 (Article 9 Building Permits)

#14: AMEND Section 13.010 Definitions (12) Buffer

#15: DELETE Section 13.010 Definitions (19) Cluster Development Renumber Section

#16: AMEND Section 13.010 Definitions (84) Screen Renumber Section

COMPREHENSIVE PLAN AMENDMENTS

#17: AMEND Goal III, Policy (4)

#18: AMEND Goal VII, Natural Hazards Policies

#19: AMEND Goal VIII, Policy (6)

#20: AMEND Water Policies

#21: AMEND Land Use Categories (2) The Moderate Intensity Zone (B)

Proposed Changes Follow.

[Bracketed Italicized] words will be taken out and new words will be bolded.

 

AMENDMENTS BY TEXT

# 1: AMEND Section 1.412 High Intensity Zone; Minimum Common Open Space

Subdivisions [,] and planned developments [, and cluster developments] of six lots or units or more, subdivided or developed within a calendar year shall devote at least 10% of the net buildable site to common open space. An additional 10% lot coverage of structures or other impervious surfaces is allowed for developments providing the minimum open space requirements.

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#2: AMEND Section 1.514 Moderate Intensity Zone; Minimum Common Open Space

Subdivisions [,] and planned developments [, and cluster developments] of six lots or units or more, subdivided or developed within a calendar year shall devote at least 15% of the net buildable site to common open space. An additional 10% lot coverage of structures or other impervious surfaces is allowed for developments providing the minimum open space requirements.

_____________________________________________________________________________________

#3: AMEND Section 1.615 Low Intensity Zone; Minimum Common Open Space

Subdivisions [,] and planned developments [, and cluster developments] of six lots or units or more, subdivided or developed within a calendar year shall devote at least 20% of the net buildable site to common open space. An additional 10% lot coverage of structures or other impervious surfaces is allowed for developments providing the minimum open space requirements.

 

HAZARD OVERLAY ZONE

# 4 AMEND Section 1.7 Hazards Overlay Zone (HZ)

REPEAL Section 1.7 in its entirety and REPLACE with proposed Section 1.7 as follows

Section 1.701 Hazard Overlay Zone Purpose

The purpose of this zone is to mitigate potential building hazards and threats to life and property created by flooding, landslides, weak foundation soils, and other hazards as may be identified and mapped by the City of Bay City or other agency. Building hazards exist throughout the other zones of the City, but specific parcels which lie wholly or partially in an area of identified hazards are considered to be in the Hazards Overlay Zone.

These policies and standards are intended to mitigate potential building hazards by requiring the study of such areas by a qualified person prior to construction, by reducing building intensity in these areas where appropriate, and by requiring special construction techniques for ground disturbing activities.

Section 1.702 Geologic Hazards Areas

A geologic hazard assessment report shall be prepared for any building permit where ground alteration is proposed and for any subdivision, partition, or planned development within an identified hazard area. Additional boundaries of the study area may be required by the City or Planning Commission. Development shall be permitted only if an engineering solution is provided for each identified hazard. The following are specific Geologic Hazards to which the standards of this Section apply:

(1) Slopes less than 12%:

Where development is proposed on areas mapped as 12% or less, the presence of non-engineered fills, sinkholes, identified drainages, adverse drainage conditions, or proposed cuts and fills exceeding 4 feet in height, or landslides will require the submittal of a geologic or geotechnical engineering assessment.

(2) Slopes in the 12% to 25% range: A site analysis shall determine the presence of soil creep, fills, or signs of past instability. If hazards are present, engineering recommendations shall be provided. If conditions require recommendations for foundation construction outside of the International Building Code (IBC), those recommendations shall be provided by an appropriately qualified professional engineer. If thorough examination of the site determines that no hazards are present, documentation by an appropriately qualified professional shall be submitted with application for development permit.

(3) Slopes greater than 25%:

Geologic assessment and engineering plans and recommendations shall be provided. These reports and recommendations shall include:

       

    1. 1. Subsurface exploration of areas above, below, and alongside known or suspected slides
    2.  

       

    3. 2. Accurate identification and measurement of the limits of the slide mass
    4.  

       

    5. 3. Identification of the stability of the slide mass and the mechanics of slide movement.
    6.  

       

    1. 4. Identification of the orientation of bedding planes in relation to the dip of the surface slope
    2.  

       

    3. 5. Identification of the soil depth
    4.  

       

    5. 6. Identification of the water drainage patterns
    6.  

       

    7. 7. A site specific grading and erosion control plan for site stabilization and construction
    8.  

       

    9. 8. The methodology for determining the site stabilization plan
    10.  

       

    11. 9. Recommendation of suitable setbacks, keeping in mind the anticipated life of the structure or development.
    12.  

(4) Sinkholes:

Areas within 50 feet of areas mapped as having sinkholes or potential sinkholes shall be evaluated by a Certified Engineering Geologist or appropriately qualified Registered Geologist and engineering recommendations provided by an appropriately qualified professional engineer for each identified hazard.

(5) Fills:

For ground alteration within areas that contain non-engineered fills a report by an appropriately qualified professional shall perform subsurface exploration to determine and document whether any unsuitable materials exist that may adversely affect building foundations, utilities, or pavements. This documentation shall be submitted with application for building or development permit. If conditions require recommendations for foundation construction outside of the International Building Code (IBC), those recommendations shall be provided by an appropriately qualified professional engineer.

(7) Tide Flats:

Due to concern for the presence of peat and the settlement-sensitive nature of the native sandy and silty soils this area requires a subsurface exploration, soils laboratory testing, settlement analysis, and foundation construction design and recommendations by an appropriately qualified professional engineer.

1.703 Geologic Hazard Zone Standards

(1) Report Detail:

The extent and detail of the reports shall be consistent with the requirements of Oregon State Board of Geologist Examiners (OSBGE) and Oregon State Board of Examiners for Engineering and Land Surveying (OSBEELS) and shall be commensurate with the degree of the suspected or mapped hazard, ranging from brief written evaluations of moderate slope hazards to in-depth evaluation of potential landslide areas.

(2) Dual Stamping Reports:

In cases where both engineering geology and geotechnical engineering are required, reports shall contain the signatures and stamps of both appropriately qualified professionals.

(3) Hazardous Site Conditions:

If hazardous conditions occur during site development, the city may require the property owner and / or developer to provide geologic assessment reports and / or engineering recommendations and plans to mitigate adverse conditions.

If timely submittal of requested reports is not provided, commensurate with the hazard, the City may hire its own appropriately qualified professional to provide addendum to or review of reports and plans submitted and shall bill the cost to the developer.

 

(4) Required Certifications and Inspections:

For any geologic assessment report and geotechnical engineering report submitted, the registered professional of record shall be required to:

1) Review final plans for development and submit a signed and stamped certification report that all recommendations have been incorporated into development plans

2) Review subgrade excavations and fills for structures and stormwater drainage and submit a signed and stamped certification report that all recommendations have been met

3) Perform a final inspection of the site and submit a signed and stamped certification report that all recommendations have been met

(5) Stormwater Drainage

Surface water flowing from an existing property or new development shall be controlled such that it does not negatively impact adjacent public or private property by increasing flow, concentrating flow, or stimulating erosion that was not present beforehand.

All new construction shall incorporate basement and foundation drainage to control water and keep it from crawl space, under-slab, and below grade areas. Ground water control can range from perforated PVC pipe for foundation drains to engineered retaining wall drainage systems.

If unanticipated storm water drainage problems arise during or after development, the City of Bay City may require the property owner to mitigate the situation up to and including the submittal and installation of a detailed engineered storm water drainage plan approved by the city.

(6) Flood Hazards

The flood protection requirements of the City Flood Damage Prevention Ordinance shall be adhered to for all development in identified flood areas. In all flood hazard areas, engineered stormwater drainage plans, flood elevation certificates, and post flood elevation certificates shall be required.

(7) Peer Review

Where the development has the potential to adversely impact adjacent properties, the city may retain appropriately qualified professionals to review the submitted reports at the cost of the developer. The boundaries of the study area shall be determined by the Planning Commission.

1.704 Application Information Required:

A. Geologic Assessment Reports shall include at least the following information. Additional information, commensurate with the level of hazard shall be submitted.

     

  1. 1. Identification of potential hazards to life, public and private property, adjacent property, surrounding areas, and the natural environment which may be caused by the proposed development.
  2.  

     

  3. 2. Mitigation methods for protecting the property and surrounding areas from each potential hazard.
  4.  

 

     

  1. 3. Development Density shall be as follows unless report findings provide recommendations for higher densities:
  2.  

         

      1. (a) Zero - 11% slope: Density is limited to that which is permitted in the underlying zone.
      2.  

         

      3. (b) 12% - 24% slope: Density should generally not exceed 2 dwelling units per acre.
      4.  

         

      5. (c) 25% - 35% slope: Density should generally not exceed 1 dwelling unit per acre.
      6.  

         

      7. (d) 35% slope or greater: Construction is permitted only on sites where footings can be anchored in base rock.
      8.  

     

  3. 4. Identification of soils and bedrock types
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  5. 5. Identification of soil depth
  6.  

     

  7. 6. Water drainage patterns
  8.  

     

  9. 7. Identification of visible landslide activity in the immediate area
  10.  

     

  11. 8. History of mud or debris flow
  12.  

     

  13. 9. In areas prone to landslide, mudflow and where slopes exceed 25%, reports shall identify the Orientation of bedding planes in relation to the dip of the surface slope
  14.  

     

  15. 10. Recommendations for removal, retention, and placement of trees and vegetation
  16.  

     

  17. 11. Recommendations for placement of all structures, on site drives, and roads
  18.  

     

  19. 12. Recommendations for protecting the surrounding area from any adverse effects of the development.
  20.  

B. Site development plans drawn to a measurable scale shall include at least the following information. Additional information, commensurate with the level of hazard shall be submitted. The city may require that specific items be submitted on separate sheets for clarity and site inspection purposes.

       

    1. 1. Topographical contour maps indicating existing and finished grades the location of structures, on site drives, parking areas, roads, and other site improvements
    2.  

       

    3. 2. Stormwater Drainage Plans; engineering shall be required where drainage hazards are identified.
    4.  

       

    5. 3. Grading and Erosion Control Plans consistent with the requirements of Bay City Development Ordinance Section 3.25; engineered plans shall be required where grading and drainage hazards are identified.
    6.  

       

    7. 4. Foundation design, if design outside of the International Building Code is necessary
    8.  

       

    9. 5. Road Design; engineering shall be required where drainage hazards are identified.
    10.  

1.705 Liability

The degree of protection from problems caused by geologic hazards which is required by this section is considered reasonable for regulatory purposes. This Ordinance does not imply that uses permitted will be free from geologic hazards. This Ordinance shall not create liability on the part of the City or by any agents, officers, employee, or official thereof for any damages due to geologic hazards that result from reliance on this Ordinance or any administrative decision lawfully made thereunder.

 

CURRENT SECTION 1.7 HAZARDS OVERLAY ZONE (HZ)

[Section 1.7 Hazards Overlay Zone (HZ)

Section 1.701 Purpose: The purpose of this zone is to prevent building hazards and threats to life and property created by flooding, landslides, weak foundation soils, and other hazards as may be identified and mapped by the City of Bay City or other agency. Building hazards exist throughout the other zones of the City, but specific parcels which lie wholly or partially in an area of identified hazards are considered to be in the Hazards Overlay Zone. It is the intent of the policies and standards to protect life and property by reducing building intensity in these areas, by requiring special construction techniques, or by requiring the study of such areas by a qualified person prior to construction. The policies and standards of this section are based on technical information contained in the Comprehensive Plan background data. The official map, located at City Hall, shall be used to determine whether a parcel of land is subject to the Hazards Overlay Zone (HZ).

Section 1.702. Development Requirements for Geologic Hazards Areas:

a. Written Geologic Hazards Reports are required in all Geologic Hazards areas within the City for development for approval of planned developments, subdivisions, partitions, building permits, manufactured home placement permits and vegetation removal which disturbs the soil in excess of regular lawn and landscaping maintenance and for tree removal in excess of 6" in diameter in which the stumps are to be removed. All Geologic Hazards Reports within the City shall have site specific geologic information provided by an Oregon Registered Geologist (RG), a Certified Engineering Geologist (CEG) or a Geotechnical Engineer (GTE) and, if a structure is to be built, recommendations by a professional engineer (PE) licensed in the State of Oregon, for the proposed development. A professional engineer shall be required for all Geologic Hazards Reports in which a structure will be built within a Geologic Hazard Area.

b. The following are Geologic Hazards Areas to which the standards of this Section apply:

1) Active landslides defined as an area that has undergone mass movement.

2) Inactive landslides, landslide topography and mass movement topography.

3) Areas prone to mudflows. Mudflows are defined as rapid downslope movement of a mudlike slurry of earth material.

 

4) All areas identified in this zone by City zone map.

5) Other locally known areas of Geologic Hazards based on evidence of past occurrences.

c. All development within Geologic Hazards Areas shall comply with the following standards:

1) An approved tree and vegetation removal plan necessary to accommodate the use shall be prepared by a Registered Geologist, Certified Engineering Geologist or a Geotechnical Engineer.

2) A Registered Geologist, Certified Engineering Geologist or a Geotechnical Engineer shall provide site specific information for the development and recommendations There shall be recommendations to control runoff and erosion of soils during and after construction and have in place before, during and after clearing of the property, if appropriate. Such measures include temporary stabilization (mulching or sodding) sediment basins or other performance equivalent structures required by the Planning Commission.

3) The controlling of water and silt runoff on all exposed areas shall be maintained. The exposed areas shall be planted in permanent cover as soon as possible after construction.

4) Storm water shall be retained on-site in an engineered and approved retention/infiltration storage system with adequate capacity so as not to flood adjacent or downstream properties. Finished grades should be designed to direct water to an engineered on-site retention/infiltration storage system.

5) Additional requirements contained in the Geologic Hazards Report or required by this Section or by the City shall be followed.

d. A Geologic Hazards Report prepared for a subdivision, planned development or partition may be used to satisfy these requirements for subsequent building permits or manufactured home placement permits providing that the original report provided site specific engineering specifications on building placement and foundation construction.

e. The Geologic Hazards Report shall be prepared by a Registered Geologist , a Certified Engineering Geologist or a Geotechnical Engineer licensed in the State of Oregon. Structural recommendations for any structure must be stamped by a Professional Engineer. The City

 

may hire its own Geologist and/or Professional Engineer to review the reports submitted and may pass the cost onto the developer. The boundaries of the study area shall be determined by the Planning Commission.

f. The Geologic Hazards Report shall include at least the following:

1) In landslide areas:

(a) Soils and bedrock types,

(b) Slope,

(c) Orientation of bedding planes in relation to the dip of the surface slope,

(d) Soil depth,

(e) Other relevant soils engineering data,

(f) Water drainage patterns, and

(g) Identification of visible landslide activity in the immediate area, and

(h) Recommendations for the development.

2) In areas prone to mudflow:

(a) All of the criteria listed in f (1) above, and

(b) History of mud or debris flow, and

(c) Areas likely to be affected by future mudflow, and

(d) The recommendations for the development.

3) In all other Geologic Hazards Areas:

(a) All of the criteria listed in f(1) above, and

(b) Recommendations for the development.

g. The Geologic Hazards Report shall include site specific and development standards that will protect development on the property

 

and surrounding watershed properties. These shall include, if appropriate, site specific engineering standards for:

1) Development density; however, the following slope-density guidelines apply unless findings of the Geologic Hazards Report provide recommendations for higher densities:

(a) Zero - 11% slope: Density is limited only by the underlying zone in which the parcel is located.

(b) 12% - 24% slope: Density should generally not exceed 2 dwelling units per acre.

(c) 25% - 35% slope: Density should generally not exceed 1 dwelling unit per acre.

(d) 35% slope or greater: Construction is permitted only on-sites where footings can be anchored in base rock.

2) Locations for structures and roads,

3) Land grading practices, including standards for cuts and fills,

4) Vegetation removal and re-vegetation practices,

5) Foundation design (if special design is necessary),

6) Road design (if applicable), and

7) Management of storm water runoff before, during, and after construction.

h. The Geologic Hazards Report shall be written by a Registered Geologist, a Certified Engineering Geologist or a Geotechnical Engineer and include the following summary findings and conclusions:

1) The type of use proposed and the adverse effects it might have on adjacent areas,

2) Hazards to life, public and private property and the natural environment which may be caused by the proposed development,

3) Methods for protecting the surrounding area from any adverse effects of the development,

 

4) Temporary and permanent stabilization plans for maintenance of new and existing vegetation,

5) Recommendations to protect the site and surrounding properties from any reasonable foreseeable hazards including, but not limited to, geologic hazards, wind erosion, storm water run off and flooding, and

       

    1. 6) Recommendations to minimize adverse environmental effects of the development.
    2.  

i. For any geologic hazards reports which are being utilized for a structure, the professional engineer of record shall certify to the City that all structures and site improvements have been built and/or made in accordance with the recommendations of the Geologic Hazards Report and any applicable engineering report and that all recommendations for the site have been followed and completed.

j. The degree of protection from problems caused by geologic hazards which is required by this section is considered reasonable for regulatory purposes. This Ordinance does not imply that uses permitted will be free from geologic hazards. This Ordinance shall not create liability on the part of the City or by any officers, employee or official thereof for any damages due to geologic hazards that result from reliance on this Ordinance or any administrative decision lawfully made thereunder.]

BAY CITY PLANNING COMMISSION PROPOSED AMENDMENTS TO THE DEVELOPMENT ORDINANCE PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN Meeting Date: February 20, 2007

BUFFERS, SCREENS, WETLANDS, AND CREEKS AMENDMENTS:

Section 5 and Section 6: This amendment reorganizes requirements of Section 3.102-3.103, and adds the recommended riparian setback of Comprehensive Plan Wetland Policy (3).

#5: AMEND Section 3.102 Buffer and Screening Requirements [Planning Commission Authority]

#6: AMEND Section 3.103

1. Planning Commission Authority:

The Planning Commission may require buffering and screening of proposed subdivisions, planned developments, and non-residential uses where they adjoin existing residential uses, undeveloped [underdeveloped] lands parks, recreation, or other uses which in the opinion of the Planning Commission, may be incompatible with existing uses.

The Planning Commission shall consider the total common open space or landscaped area of the proposed use, the purpose and effectiveness of a buffer or screen, and its maintenance. Buffers and screens may constitute [a] part of the required open space, open area, or setbacks of a proposed use. Buffers and screens shall be required where the Planning Commission finds that the proposed use would be incompatible with existing uses, to block or reduce noise, glare or other [omissions] emissions, or to maintain privacy, buffers and screens may be required jointly or separately.

2. Planning Commission Review [Larson Creek]:

The Planning Commission shall review any proposed development within one hundred (100) feet of either side of Patterson, Perkins, Jacoby, and Larson Creek in order to determine its impact on the creek and its associated riparian and wetland area. Based on this site specific review, the Planning Commission may permit development up to [fifty] twenty-five [(50)](25) feet from either side of [Larson] the subject creek where it determines such development will not adversely impact wetlands or necessary riparian vegetation.

3. Buffers:

Buffers may be required where the proposed site is large enough, or where the buffer can be part of required open space. Buffers are preferred [where there are] in areas where existing trees or vegetation may be retained or other natural features such as streams or the bay and the space can be useful for residents or the public.

4. Screens:

Screens may be required in a limited space (10 feet or less) to visually separate incompatible uses. Screens may consist of existing or planted vegetation, attractive sight obscuring fencing, hedges, [or] walls, [earth berms,] or similar techniques. Planted screens should be sufficient to obscure the proposed use within two (2) years. Fences or walls [or earth berms] should be required where noise reduction is necessary.

BAY CITY PLANNING COMMISSION PROPOSED AMENDMENTS TO THE DEVELOPMENT ORDINANCE PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN Meeting Date: February 20, 2007

5. Riparian Vegetation

A. A fifteen (15) foot buffer on either side of the wetlands adjacent to Jacoby Creek, Larson Creek, Perkins Creek, and Patterson Creeks and adjacent to any other known waterway or stream bed shall be required. A ten (10) foot setback shall be required adjacent to isolated wetlands for all structures with the exception of raised walkways and bridges permitted with proper review by the City and other applicable agencies.

B. The setback shall be measured from the bank of the stream or delineated wetland boundary.

C. Riparian vegetation shall be protected and retained within the identified setback with the following exceptions:

1. The removal of dead, diseased or dying trees which pose an erosion or safety hazard. The city may require that a report be submitted by an appropriately qualified forester or arborist. In geologic hazard areas, hazard overlay ordinance requirements apply.

2. Vegetation removal necessary to provide direct water access for a water-dependent use with a valid development permit approved by the City.

3. Prior to the removal of non-native vegetation in a riparian setback area, a re-planting plan prepared by an appropriately qualified professional shall be approved by the city.

4. Prior to vegetation removal in wetland areas, a wetland land use notification form shall be submitted and reply received from the Oregon Department of State Lands. Replanting of native wetland vegetation may be required by the City.

6. Streamside Setback

All structures and uses shall be set back a minimum of 25 feet from Patterson and Jacoby Creek and any known waterway or stream bed. A stream side setback shall be measured from the bank or mean high water line of the stream and shall be mapped by official survey.

6. Density considerations

Land within [in this zone] designated wetlands shall not be used as part of density calculations in development applications [for development in adjacent areas].

BAY CITY PLANNING COMMISSION PROPOSED AMENDMENTS TO THE DEVELOPMENT ORDINANCE PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN Meeting Date: February 20, 2007

MANUFACTURED DWELLING CODE AMENDMENTS:

Section 7: The purpose of this ordinance amendment is to clarify building code requirements for manufactured homes that permit the city to require an inspection report by the Building Codes Division certifying that the Oregon insignia of compliance has been obtained.

#7: ADD to Section 3.75 Standards for Manufactured Dwellings (f)

  1. (f) For any used manufactured home, prior to approval of any placement permit, an inspection report by the Building Codes Division shall be submitted to the City certifying that the condition of the Manufactured Home meets building code requirements and that all damaged and deteriorated elements of the structure have been replaced.
  2.  

Section 5: The purpose of this ordinance amendment is to clarify building code requirements for manufactured homes that permit the city to require an inspection report by the Building Codes Division certifying that the Oregon insignia of compliance has been obtained.

# 8: ADD to Section 3.751 Single Wide Manufactured Dwellings (l), (m), (n), (o)

(l) For any used manufactured home, prior to approval of any placement permit, an inspection report by the Building Codes Division shall be submitted to the City certifying that the condition of the Manufactured Home meets building code requirements and that all damaged and deteriorated elements of the structure have been replaced.

(m) All improvements to bring the manufactured structure into compliance with building code and to replace damaged and deteriorated elements shall be completed prior to issuance of a placement permit.

(n) If additional damage or deterioration of the structure is observed upon placement, the damaged or deteriorated elements shall be replaced prior to issuance of an occupancy permit.

(o) All conditions of approval shall be met prior to issuance of an occupancy permit

BAY CITY PLANNING COMMISSION PROPOSED AMENDMENTS TO THE DEVELOPMENT ORDINANCE PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN Meeting Date: February 20, 2007

SIGN AMENDMENTS:

# 9: AMEND Section 3.8 Sign Ordinance

Section 3.8 Sign Requirements

a. Purpose.

The purpose of this section is to regulate such factors as the size, location, and illumination of signs with the intent of safeguarding and enhancing the City's visual environment, traffic safety and the City's economic well being.

b. General Requirements.

The following general requirements shall apply to all signs:

1) Signs shall not contain flashing elements or moving, rotating or other such animated parts.

2 [3]) All signs and sign structures shall be erected and attached totally within the site, except where permitted to extend into a street right-of way.

3 [4]) Signs shall not extend into or over or upon any public street or right-of-way. Except a sign may extend over a public sidewalk provided the bottom of the sign structure shall be at least eight (8) feet above the grade of the sidewalk and the sign does not project more than three (3) feet into the public right-of way.

4 [5]) Signs or sign support structures shall not be located so as to detract from a motorist's view of vehicular or pedestrian traffic, or a traffic sign.

5 [6]) Only one side of a double-faced sign is counted in measuring the area of a sign. Sign area does not include foundation supports and other essential structures which do not serve as a backdrop or border of the sign.

6 [7]) All signs shall be kept in good repair and maintenance.

7 [8]) It is the responsibility of the property owner to remove any abandoned sign within 30 days of the termination of its use.

8 [9]) No sign including its supporting structure shall be placed so that its height exceeds eighteen (18) feet.

9 [10]) Permanent signs are not permitted on undeveloped sites, i.e. a lot without a use.

10 [11]) Free Standing signs shall not exceed 18' in height and shall be limited to one per use and lot.

11 [2]) All signs shall be designed and located so as to prevent the casting of glare or direct light from artificial illumination upon adjacent public streets, the night sky, or adjacent property.

BAY CITY PLANNING COMMISSION PROPOSED AMENDMENTS TO THE DEVELOPMENT ORDINANCE PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN Meeting Date: February 20, 2007

12) Sign lights shall be the minimum wattage necessary to illuminate a specific area.

13) Sign lighting shall be indirect or internal so that the immediate source of illumination is not visible when the sign is lighted.

14) Signs shall not be lit outside of business hours

c. Additional Sign Requirements

1) Low Intensity and Moderate Intensity Sign Requirements:

(a) Uses permitted outright shall have permanent signs with an area not exceeding four square feet, and be attached to a building.

(b) Conditional uses shall have permanent signs with an area not exceeding thirty-two (32) square feet.

(c) Temporary signs with an area not exceeding thirty-two (32) square feet may be permitted by the Planning Commission for a [period not exceeding one year] specified time period.

2) High Intensity Zone Sign Requirements:

(a) Permitted and conditional uses shall have permanent signs with an area not exceeding thirty-two (32) square feet unless a larger sign is approved by the Planning Commission.

(b) Temporary signs with an area not exceeding thirty-two (32) square feet may be permitted by the Planning Commission [period not exceeding one year] specified time period.

(c) Permitted and conditional uses may apply to the Planning Commission for a larger permanent sign through Article 2, Conditional Uses.

3) Shoreland and Estuary Zone Requirements:

(a) Shoreland 2 zone requirements shall be the same as the High Intensity Zone Requirements.

(b) Shoreland 1 and Estuary Zones shall be allowed no signs.

(c) There shall be no freestanding signs in the Shoreland 2 Zone.

(d) Temporary signs not exceeding 12 square feet may be permitted in the Shorelands 2 Zone.

d. A sign permit issued by the City shall be required prior to construction or placement of any sign on forms provided by the City. Fees for sign construction or placement shall be in accordance with Section 3.8.

BAY CITY PLANNING COMMISSION PROPOSED AMENDMENTS TO THE DEVELOPMENT ORDINANCE PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN Meeting Date: February 20, 2007

SUBDIVISION, PARTITION, CLUSTER AND PLANNED DEVELOPMENT AMENDMENTS

#10: AMEND Article 5, Section 5.1, Section 5.1, Subdivision, Partitioning, Cluster, and Planned Development

ARTICLE 5

SUBDIVISION, PARTITION [, CLUSTER] AND PLANNED DEVELOPMENT

Section 5.1 Purpose

The following sections are intended to provide a single procedure for major and minor partitioning, subdivision, [cluster,] and planned development. The information required for each of these applications is listed in Article 4. These activities may be applied for individually or together, in addition to any required variance, zone, or plan amendment. The goals and policies of the Comprehensive Plan and Development Ordinance standards shall be adhered to unless a specific variance is granted by the Planning Commission or City Council.

Section 5.101 Authority and Review of the Planning Commission

The Planning Commission is responsible for the administration of the Article, with the assistance of the City Recorder, Public Works Superintendent, City Planner, City Engineer, and other City staff. Planning Commission Review shall be carried out at a public hearing consistent with the hearing requirements of Bay City Development Ordinance Article 10 [, except as specified below. Public notice shall be published seven (7) days in advance of the hearing and notices shall be posted at three (3) locations in the City. Review of applications for minor partitions [and cluster developments without bonus density] shall be done at a public meeting (without hearing) with public notice posted at three (3) locations in the City ten (10) days in advance. (Refer to Section 10.020)

#11: AMEND Section 5.107 Planned Development

Section 5.107 Planned Development

a. Definition and Purpose. A planned development is a single development incorporating a variety of housing types and non-residential uses, consisting of individual lots, common building sites or open areas, or other configuration in order to promote innovative, flexible, and diversified land use under a comprehensive site development plan.

BAY CITY PLANNING COMMISSION PROPOSED AMENDMENTS TO THE DEVELOPMENT ORDINANCE PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN Meeting Date: February 20, 2007

b. Permitted Uses. Uses permitted in the specific intensity zone, including single-family, duplex and multifamily dwellings in any architectural configuration subject to the standards of the zone, certain non-residential uses, common open space, and recreation facilities.

c. Standards. The standards of the intensity zone and other sections of this Ordinance shall apply. The size of the planned development shall be large enough to accommodate the various uses and to preserve the intent of this section.

d. Density and Lot Size. Density shall not exceed the density range of the zone. Lot size shall be consistent with the minimum lot size of the zone [that size necessary to contain feasible building sites] and shall provide adequate area to meet the lot coverage requirement of the zone.

e. Lot Coverage. Lot coverage requirements of the zone shall be applicable to structures and other impervious surfaces built on individually owned lots. In the case of multifamily dwellings, zero lot line construction, [condominiums], or other situations involving common ownership of land and/or buildings, the lot coverage shall be calculated on the basis of the total site.

f. Procedure. Planned developments shall be done in accordance with Section 5.102 through 5.106. Application for planned development, subdivision, or partition shall be made concurrently.

g. Information Required. Information necessary for tentative and final approval shall be included as specified under Article 4 of this Ordinance.

h. Final Approval. Planned development final approval shall be in conformance with Section 5.103 of this Ordinance.

#12: DELETE 5.2, 5.201, 5.202, 5.203, 5.204, 5.205

[Section 5.2 Cluster Development

Section 5.201 Purpose

The purpose of cluster development is 1) to maintain open space, 2) reduce street and utility construction and maintenance, 3) separate automobile traffic from residential areas, and 4) reduce site development and housing costs.

Section 5.202 Definition

BAY CITY PLANNING COMMISSION PROPOSED AMENDMENTS TO THE DEVELOPMENT ORDINANCE PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN Meeting Date: February 20, 2007

Cluster development is a planned development technique wherein house sites or structures are grouped closer together around access courts or cul-de-sacs, with the remainder of the tract left in its natural state. Clustering can be carried out in the context of a major or minor partition, subdivision, planned development, or through the replatting of existing lots. It differs from planned development in that it may be done on a smaller site, does not necessarily have a mixture of housing types and uses, and is done in a unit, rather than planned phases. Nothing in this Ordinance, however, shall prevent the clustering lots or units in conjunction with another development approach.

Section 5.203 Procedure

A developer may apply for a cluster development in conjunction with a major or minor partition, subdivision, planned development, or multifamily conditional use permit application. The developer shall indicate "cluster development" on the application. Developments which entail the replatting of existing lots and/or realignment of streets in a cluster design may make application to the Planning Commission for bonus density. Such application shall be made without cost to the applicant if 1) no lots are created, 2) the proposed construction consists of single family and duplex dwellings, and 3) the total size of the development does not exceed 2 acres. Other cluster developments shall be applied for under other applicable provisions of this Ordinance.

Section 5.204 Planning Commission Review

The Planning Commission shall review cluster developments at a regular meeting or at a hearing in conjunction with another application and determine conformance with applicable standards of this Ordinance and the goals and policies of the Comprehensive Plan. The Planning Commission, after reviewing the application, may approve, disapprove, or require changes in the design of the development based on the standards and criteria of this Ordinance. Decisions of the Planning Commission may be appealed to the City Council.

Section 5.205 Applicability of Ordinance Standards

Cluster developments shall adhere to all standards of this Ordinance. Flexibility in minimum lot size is permitted so long as overall lot coverage, common open space, and density requirements are met. The Planning Commission may require buffers and screens to separate incompatible uses or for other purposes as indicated in Article 3.]

BAY CITY PLANNING COMMISSION PROPOSED AMENDMENTS TO THE DEVELOPMENT ORDINANCE PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN Meeting Date: February 20, 2007

#13: AMEND Section 9.010

Section 9.010 No permit shall be issued by the City Recorder or Building Official for the construction, reconstruction, alteration or change of use of a structure or lot that does not conform to the requirements of this ordinance.

Building permits are required for any change, alteration or addition that affects the foundation, roofline, area of structure, or enclosure of existing porches, decks, patios, or carports.

No building permit shall be issued for any new construction, or any alteration or addition to an existing structure that increases the structural area toward any lot line, unless an official survey by a Professional Land Surveyor licensed in the State of Oregon accompanies the application for a building permit. The required survey shall [also] show the existing elevation of the building site, and unless the site slope is known shall provide a topographic survey by a professional land surveyor to identify slope.

DEFINITION AMENDMENTS

#14: AMEND Section 13.010 Definitions (12) Buffer

(12) Buffer A horizontal distance intended to provide attractive spaces or distance, to obstruct undesirable views, to serve as an acoustic barrier, to [or generally] reduce the impact of [adjacent] development on adjacent property or natural features, to maintain existing trees or natural vegetation, to block or reduce noise, glare or other [omissions] emissions, or to maintain privacy.

#15: DELETE Section 13.010 Definitions (19) Cluster Development

[19) Cluster Development

A subdivision, planned development, or grouping of lots or dwellings in such a way that open space is maintained throughout the area, that sensitive lands such as wetlands and steep slopes remain undeveloped, and that lot layout requires a reduced amount of street and utility placement.]

RENUMBER SECTION

BAY CITY PLANNING COMMISSION PROPOSED AMENDMENTS TO THE DEVELOPMENT ORDINANCE PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN Meeting Date: February 20, 2007

#16: AMEND Section 13.010 Definitions (84) Screen

(84) Screen

A vertical barrier consisting of a fence, wall, [berm], hedge, tree row, or other dense structure intended to perform a buffering effect in a limited space, particularly for noise reduction or visual separation. A screen [, and] may be required in addition to a buffer.

RENUMBER SECTION

BAY CITY PLANNING COMMISSION PROPOSED AMENDMENTS TO THE DEVELOPMENT ORDINANCE PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN Meeting Date: February 20, 2007

COMPREHENSIVE PLAN AMENDMENTS

#17: AMEND Goal III, Policy (4)

#18: AMEND Goal VII, Natural Hazards Policies

#20: AMEND Goal VIII, Policy (6)

#21: AMEND Water Policies

#17: AMEND Goal III, Policy (4)

Bay City Comprehensive Plan

Goal III To maintain the quiet residential nature of Bay City

  1. (4) Flexible development approaches [, such as the clustering of structures on one portion of the property] should be promoted to reduce the removal of trees or the disturbance of slopes.

     

#18: AMEND Goal VII, Natural Hazards Policies

CP Section 2: The purpose of this amendment is to update Natural Hazards Policies and to clarify that reports and engineering are required for exterior alterations and ground disturbing activities. Recommendations are based on recommendations presented in the Bay City Geologic and Geotechnical Hazards Assessment Report written by Ash Creek and dated June 30, 2006.

Bay City Comprehensive Plan

Goal VII: To encourage development which is protective of natural topography and vegetation, which avoids natural hazards, and which protects the environmental quality of the surrounding area.

Policies:

1. Development Ordinance standards shall be written to encourage high quality development that supports this goal.

2. Information contained in the Hazards Section of the Plan shall be used in the regulation of development and updated as new information becomes available.

3. The City shall use the FEMA Flood Insurance program in the regulation of development in flood areas.

4. Setbacks and buffers from [all] Tillamook Bay, all streams, waterways, and wetlands in the City shall be required for the protection of stream bank vegetation and for the prevention of flooding and erosion.

BAY CITY PLANNING COMMISSION PROPOSED AMENDMENTS TO THE DEVELOPMENT ORDINANCE PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN Meeting Date: February 20, 2007

5. The City Building Official shall use information contained in the Comprehensive Plan and Development Ordinance in conjunction with [Chapter 70 of] the State [Uniform] Building Code and Specialty Codes.

6. Site specific geologic hazards assessment and geotechnical engineering reports shall be a prerequisite in all areas zoned or otherwise identified as a geologic hazard for all [new] exterior construction that involves ground disturbing activities, and all [construction] development applications subject to Planning Commission review under the provisions of Bay City Development Ordinance Article 5 Subdivisions, Partitions, and Planned Development..

7. Engineered stormwater, grading, and erosion and sedimentation control plans shall be required for all large scale development based on standards in the development ordinance. The City shall rely on the Oregon DEQ and the Nonpoint Source Pollution Control Guidebook to regulate development which may impact waterways, streams and the Bay.

8. Development and other activities shall not encroach on Tillamook Bay, streams, waterways, or natural drainages; reduce their ability to drain the land, or cause or increase erosion of the banks. Site specific geologic assessment and geotechnical engineering reports and site plans shall be required to mitigate potential adverse impacts.

9. Geologic assessments shall be conducted by an appropriately qualified professional geologist licensed to work in the State of Oregon using the Guidelines for Preparing Engineering Geologic Reports in Oregon, adopted by the Oregon State Board of Geologist Examiners (OSBGE).

10. Geotechnical assessments shall be conducted by an appropriately qualified Professional Engineer (PE) licensed to work in the state of Oregon using guidelines adopted by the Oregon State Board of Examiners for Engineering and Land Surveying (OSBEELS) standards of care for engineering practices.

11. In cases where both geologic assessments and geotechnical engineering are required, reports shall contain the signatures and stamps of both. The extent and detail of the reports shall be commensurate with the degree of the suspected or mapped hazard.

#19: AMEND Goal VIII, Policy (6)

Bay City Comprehensive Plan

Goal VIII To provide a wide variety of housing opportunities in Bay City

(6) [Clustered housing] Planned Developments and subdivisions shall be encouraged as a method of reducing housing and public facilities costs and increasing open space area.

BAY CITY PLANNING COMMISSION PROPOSED AMENDMENTS TO THE DEVELOPMENT ORDINANCE PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN Meeting Date: February 20, 2007

#20: AMEND Water Policies

Policies:

1. Extensions of the water system shall be paid for by the developer of the property receiving the services. This responsibility shall include any necessary fire hydrants, pumps, and/or other improvements needed to provide adequate storage capacity, pressure, and service to [serve] the property.

2. The City's water rates shall be indexed and adjusted annually [periodically] to provide sufficient funds for system maintenance and improvement.

3. [All system extensions shall be within the City's adopted Urban Service Area, unless the extensions are part of a regional water supply system]. The Kilchis Regional Water District may/shall serve all property within its service area.

4. [Regional extensions of the water system shall be coordinated with Tillamook County and other affected entities].

5. New water lines shall be adequately sized to support projected development and future growth in the area. [Extension must take into account those areas deemed less developable by the Plan because of agricultural use, steep slope, or hazard potential.]

6. The cost of extensions of water lines, water mains and upgrading the water reservoir capacity and treatment system through agricultural, forest and other resource lands shall not fall on those properties until they are developed.

7. Plans for all water system improvements and water line extensions shall be submitted to the Oregon State Health Division for review and approval prior to construction.

8. The City shall make reasonable efforts to work toward compliance with Federal Safe Drinking Water Act requirements by encouraging regional participation of other water providers.

9. All costs of extension of water lines and [upgrading] upgrades to the water treatment system shall be borne by those property owners or developers benefiting from the extension or development.

10. No development of any site shall be permitted until all costs for review, inspection and upgrades to the system necessary to provide adequate capacity to serve the proposed development have been paid.

     

  1. 11. [The City shall not serve anyone outside of the Urban Growth Boundary.]

     

    BAY CITY PLANNING COMMISSION PROPOSED AMENDMENTS TO THE DEVELOPMENT ORDINANCE PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN Meeting Date: February 20, 2007

#21: AMEND Land Use Categories (2) The Moderate Intensity Zone (B)

(B) It is the intention of the Plan that the moderate intensity area develop at moderate density residential levels, at 4-8 dwelling units per acre. These can develop on a lot by lot basis, on 10,000 square foot lots, or 5,000 square foot lots if the site is pre-platted [(100 x 100) or as cluster developments]. The development ordinance should provide incentives [for the clustering of lots,] during subdivision and development in order to preserve open space and reduce public facility costs.

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