Division II. Subdivisions
Chapter 15.15
General Provisions
Sections:
15.15.030 Scope of regulations.
15.15.035 Construction permit required.
15.15.050 Approval required before creating street to partition land.
15.15.060 Sales of lots prohibited until approval obtained.
15.15.070 Exemption from division provisions.
15.15.000 Title.
This division shall be known as “the subdivision and partitioning code of the City of Brownsville, Oregon.” [Ord. 509 § 1.000, 1981; 1981 Compilation § 8-7:1.000.]
15.15.010 Purpose.
The purpose of this division is to establish standards and procedures for the subdivision and partitioning of land within the City of Brownsville. These regulations are necessary in order to provide uniform procedures and standards for the subdivision of land; to provide for the proper width and location of streets; to coordinate proposed development with the Comprehensive Plan for the City; to provide for utilities and other public facilities; to avoid undue congestion of population; to assure adequate sanitation, drainage and water supply; to provide for the protection, conservation and proper use of land; and, in general, to protect the public health, safety and welfare. Standards and procedures for the subdivision of land are intended to comply with the provisions of ORS chapter 92. [Ord. 509 § 1.010, 1981; 1981 Compilation § 8-7:1.010.]
15.15.020 Definitions.
As used in this division, the following words and phrases shall mean:
“Accessory structure permit” means an application obtained from the City to place a structure that is incidental or subordinate to the primary use of the property.
“Building line” means a line on a plat or map indicating the limit beyond which buildings or other structures may not be erected.
“Buffer” means an area of natural or planted vegetation which is dense enough to screen a particular use from view.
“City” means the City of Brownsville, Oregon.
“City Engineer” means a fully qualified registered professional engineer designated by the City Council to fulfill the responsibilities of a City Engineer as specified by this chapter.
“Construction permit” means an application obtained from the City to construct a primary structure.
“Easement” means a grant of the right to use a strip of land for specific purposes.
“Fence permit” means an application obtained from the City to place a fence on private property.
“Lot” means a unit of land that is created by a subdivision of land.
1. “Corner lot” means a lot at least two adjacent sides of which abut streets other than alleys, provided the angle of intersection of the adjacent streets does not exceed 135 degrees.
2. “Through lot” means a lot having frontage on two parallel or approximately parallel streets other than alleys.
3. “Flag lot” means a lot which is connected to a street by a narrow strip of land which is used as access to the major portion of the lot.
“Map” means a final diagram, drawing or other writing concerning a parcel of land.
“Parcel” means a unit of land that is created by a partitioning of land.
“Partition” means either an act to divide land into two or three parcels in 12 calendar months, or an area or tract of land divided by such an act.
“Partition, major” means a partition which includes the creation of a street.
“Partition, minor” means a partition that does not include the creation of a street.
“Partition land” means to divide an area or tract of land into two or three parcels within 12 consecutive months when such area or tract of land exists as a unit or contiguous units of land under single ownership at the beginning of such year. “Partition land” does not include divisions of land resulting from lien foreclosures; divisions of land resulting from the creation of cemetery lots; divisions of land made pursuant to a court order, including but not limited to court orders in proceedings involving testate or intestate succession; and any adjustment of a lot line by the relocation of a common boundary where an additional parcel is not created and where the existing parcel reduced in size by the adjustment is not reduced below the minimum lot standards of the zoning code.
“Pedestrian way” means a right-of-way for pedestrian and nonmotorized traffic.
“Person” means every natural person, firm, partnership, association, social or fraternal organization, corporation, trust, estate, receiver, syndicate, branch of government, or any group or combination acting as a unit.
“Planning Commission” means the Planning Commission of the City of Brownsville.
“Plat” means the final map, diagram, drawing, replat or other writing containing all the descriptions, locations, specifications, dedications, provisions and information concerning a subdivision.
“Public utility” means any City-owned or franchised utility.
“Right-of-way” means the area between boundary lines of a street or other easement.
“Roadway” means the portion or portions of a street right-of-way developed for vehicular traffic.
“Screen” means a fence, wall, berm, hedge, tree row or other dense structure intended to perform a buffering effect in a limited space.
“Sidewalk” means a pedestrian walkway with permanent surfacing.
“Street” means the entire right-of-way of a public or private way that is created to provide ingress or egress for persons to two or more lots, parcels, areas, or tracts of land, and including the terms “road,” “highway,” “avenue,” or similar designations.
1. “Alley” means a street which affords only a secondary means of access to property.
2. “Arterial” means a street intended to carry traffic to and from major traffic generators; to carry traffic to and from major residential sections of the community; to carry traffic to and from major outlying rural areas; to supplement the state highway system; to be used primarily for through traffic; and to provide for longer trips at higher speeds than other elements of the local street system.
3. “Collector” means a street intended to carry traffic between minor streets and the arterial system, to function as primary traffic carriers within a neighborhood; and to provide for intermediate trip lengths with moderate-to-low traffic volumes.
4. “Cul-de-sac” (dead-end street) means a short street with one end open to traffic and the other terminated by a vehicle turn-around.
5. “Half-street” means a portion of the width of a street, usually along the edge of a subdivision, where the remaining portion of the street could be provided in another subdivision.
6. “Marginal access street” means a local street parallel and adjacent to a highway or arterial.
7. “Local street” means a street intended to provide access to abutting properties and which provides for short trip length with very low traffic volume.
“Subdivide land” means to divide an area or tract of land into four or more lots within 12 consecutive months when such area or tract of land exists as a unit or contiguous units of land under a single ownership at the beginning of such year.
“Subdivision” means either an act of subdividing land, or an area or tract of land subdivided as defined in this section. [Ord. 748 § 5, 2015; Ord. 509 § 1.020, 1981; 1981 Compilation § 8-7:1.020.]
15.15.030 Scope of regulations.
Subdivision plats and partition maps shall be approved by the City in accordance with these regulations. A person desiring to subdivide or partition land shall submit tentative plans and final documents for approval as provided for in this chapter. Subdivisions and partitions shall also conform with the provisions of ORS chapter 92 and the Comprehensive Plan for the City, and shall result in lots and parcels complying with the zoning code and other requirements of the City in effect at the time of subdivision or partition. [Ord. 509 § 2.010, 1981; 1981 Compilation § 8-7:2.010.]
15.15.035 Construction permit required.
The City of Brownsville requires a construction permit for primary structures, accessory structures and fences. Permit costs shall be set by resolution and periodically reviewed by Council.
“Accessory structure” means a structure incidental and subordinate to the primary use of the property in accordance with the zoning code, and which is located on the same lot with the primary use. Accessory structures include, but are not limited to, a storage shed, carport, greenhouse, pole building/shop, detached garage, or farm animal enclosures. All subject to the setback requirements and lot coverage requirements of the zoning code. [Ord. 748 § 6, 2015.]
15.15.040 Compliance.
No person shall subdivide or partition land except in accordance with this chapter and its amendments in accordance with the rules and regulations promulgated by the City Council and the Planning Commission in administering this division. [Ord. 509 § 2.020, 1981; 1981 Compilation § 8-7:2.020.]
15.15.050 Approval required before creating street to partition land.
No person shall create a street for the purpose of partitioning an area or tract of land without the approval of the Planning Commission as provided in this division. [Ord. 509 § 2.030, 1981; 1981 Compilation § 8-7:2.030.]
15.15.060 Sales of lots prohibited until approval obtained.
A. No person shall sell any lot in a subdivision until the final plat for the subdivision has been approved by the City and recorded.
B. No person shall sell any parcel in a major partition until that partition has been approved by the City. [Ord. 509 § 2.040, 1981; 1981 Compilation § 8-7:2.040.]
15.15.070 Exemption from division provisions.
Redivisions of lots in areas which were platted at the time of adoption of the ordinance codified in this division are exempt from the provisions of this chapter; provided, that additional lots are not created and that no lot shall be reduced in area or dimension below the standards of the Brownsville zoning code. [Ord. 509 § 2.050, 1981; 1981 Compilation § 8-7:2.050.]