Chapter 17.60 GENERAL REGULATIONS

A. Before a conditional use permit for the commercial excavation and removal of earth products can be granted, plans and specifications showing the location of premises, grading plan, existing and proposed drainage, proposed truck access and details of regrading and revegetation of the site shall be submitted to and approved by the planning commission.

B. Any deviation from the plans as approved will serve as grounds to revoke the conditional use permit.

C. In reviewing the application, the commission shall consider and be bound by considerations of the most appropriate use of the land, distances from the property lines, the protection of pedestrians and vehicles, and the prevention of the collection and stagnation of water of all stages of the operation, and the rehabilitation of the land upon termination of the operation.

D. A bond, or cash deposit in lieu thereof, shall be deposited in an amount equivalent to the estimated maximum damage that will ensue as a result of failure on the part of the applicant to excavate according to the conditional use permit. Said bond, or cash deposit, shall indemnify damage to all properties proximate to the excavation where such damage is caused by failure to excavate according to the provisions of the permit, and the owner of said properties shall be considered to be third party beneficiaries to said bond, or in case of cash deposit, said deposit shall be held by the city of Central Point for that purpose.

E. Nothing contained herein is intended to waive any governmental immunity held by the city. (Ord. 1436 §2(part), 1981).

17.60.015 Paving of open areas.

In all commercial and industrial zones, all open areas utilized by vehicles, or used as sales or storage areas, shall be surfaced with pavement or otherwise treated so that no dust is created by the uses. This requirement shall be applicable to all development whenever a site plan is required or a change in use occurs. (Ord. 1684 §52, 1993).

17.60.020 Utilities.

The erection, construction, alteration or maintenance by public utility or municipal or other governmental agencies of underground or overhead gas, electrical steam or water transmission or distribution systems, collection, communication, supply or disposal systems, includes poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, but not including buildings, shall be permitted in any district. Utility transmission and distribution lines, poles and towers may exceed the height limits otherwise provided for in this title. (Ord. 1436 §2(part), 1981).

17.60.025 Transportation facilities.

The erection, construction, alteration or maintenance of public utility or municipal or other governmental agencies of public roads and highway facilities or railroads within public or public utility rights-of-way and including the widening or replacement of bridges, pavement, curbs, gutters, traffic signs and signals, grade crossing lights, gates and signals, sidewalks, bicycle lanes and paths, bus stops, fencing, guard rails, median barriers, lighting and similar improvements in connection therewith, but not including buildings, shall be permitted in any district. (Ord. 1615 §48, 1989).

17.60.030 Accessory buildings and structures.

Accessory buildings and structures shall comply with all requirements for the principal use except where specifically modified by this title and shall comply with the following limitations:

A. Regardless of the side and rear yard requirements of the district, in a residential district a side or rear yard not adjoining a street may be reduced to five feet for an accessory structure erected more than fifty-five feet from the street right-of-way line on which the lot fronts, other than alleys, provided the structure is detached and separated from other buildings by ten feet or more.

B. Canvas-Covered Canopies and Other Temporary Structures. Temporary structures in residential districts shall not be permitted within a front setback and only within a side setback that does not abut a public right-of-way. Temporary structures within a side setback shall be at least three feet from the side lot line measured from the furthest protrusion or overhang. Such structures are to be anchored to the ground in accordance with building code requirements.

C. Structural Dimensions. All accessory buildings and structures will be subject to the requirements of all building specialty codes adopted under the Central Point Municipal Code.

1. Height. Accessory structures in residential (R) districts shall not exceed fifteen feet in height, measured from the base to the highest point.

2. Repealed by Ord. 2100.

3. Alley Setback. Accessory structures in residential districts that abut an alley, are used as garages, and take their access from the alley shall have a setback of five feet from the rear property line. (Ord. 2100 § 8, 2023; Ord. 2064 §2, 2020; Ord. 1981 §3 (Exh. C) (part), 2014; Ord. 1818 §1(part), 2001; Ord. 1684 §53, 1993; Ord. 1436 §2(part), 1981).

17.60.040 Antenna standards.

The purpose of these regulations is to ensure that antennas continue to serve the needs of the community, while assuring that antennas are regulated in a manner that minimized visual impacts. The standards regulating the placement of antennas within the city of Central Point are as set forth in this section.

A. Building Roof and Wall-Mounted Antennas. The purpose of these regulations is to ensure that building and wall-mounted antennas are regulated in a manner that minimizes visual impacts, complies with the intent of the terms “concealed,” “camouflage” and “disguised” as defined in Section 17.08.010, protects neighborhood livability, promotes universal service to all customers and ensures all providers are fairly treated. Roof- and wall-mounted antennas, as defined in Section 17.08.010, are allowed per Table 1 subject to the following:

Table 1
Zoning District	Permitted Use	Conditional Use	Not Permitted
R-1	–	NA	Not Permitted
R-2	–	NA	Not Permitted
R-3/HMR	Permitted	NA	–
Civic	Permitted	NA	–
C-2	Permitted	NA	–
EC/GC	Permitted	NA	–
C-4	Permitted	NA	–
C-5	Permitted	NA	–
M-1	Permitted	NA	–
M-2	Permitted	NA	–

1. Building Roof and Wall-Mounted Antennas.

a. Building Roof-Mounted Antennas. Antennas installed on a building roof shall be incorporated within or concealed behind existing or new architectural features compatible with and complementary to the building’s architectural character so as to not be readily recognizable as an antenna and to be screened from view from the ground level of abutting public streets and adjacent properties. Acceptable types of screening are placement behind the roof parapet, placement behind a screen designed to blend with the existing building, placement within or on the mechanical penthouse or on a roof-mounted building element such as a chimney, exhaust pipe, cupola, bell tower or flagpole.

b. Historic Compatibility. All roof-mounted antennas shall comply with the historic preservation overlay zone, Chapter 17.70 of this code.

c. Building Wall-Mounted Antennas. Any wireless communication facility (WCF) antennas mounted to the roof edge or sidewall elevation of a building shall be completely covered with the same, or complementing exterior finish and color as the exterior of the building or structure. All wall-mounted antennas shall comply with Section

17.60.100, Projections from buildings, of this chapter.

d. Allowable Height for Antennas Mounted on Building Roofs and Walls. Antennas mounted on building roofs and walls shall not extend more than ten feet above the highest existing architectural feature on the building.

2. Site Plan Review. All roof-mounted and wall-mounted antennas shall require site plan review. A site plan review of the application for a building permit shall be an administrative Type II procedure and comply with Section 17.05.300 of this title. In some circumstances, a Type II application may be referred by staff to a Type III procedure when unusual features or circumstances of the site, building or improvement could result in an adverse impact on the building, neighborhood or adjacent properties. When such a referral is made, the application shall be processed as a Type III application, including the requirements for a hearing, notice of decision as provided by Section 17.05.400 and shall comply with Chapter 17.72 of this title.

3. Notification. Contemporaneously with any installation of building or wall-mounted antennas, written notice in the form of a sign at least eight inches by twelve inches in size shall be affixed to the building in a conspicuous place, which place shall be approved in advance by the city planning department.

B. Tower-Mounted Antennas. Tower-mounted antennas shall comply with the following standards:

1. Tower-mounted antennas are allowed per Table 2:

Table 2
Zoning District	Permitted Use	Conditional Use	Not Permitted
R-1	–	–	Not Permitted
R-2	–	–	Not Permitted
R-3	–	–	Not Permitted
C-2	–	–	Not Permitted
C-4	–	Conditional Use	–
C-5	–	Conditional Use	–
M-1	–	Conditional Use	–
M-2	–	Conditional Use	–
C-4 TOD Overlay	–	–	Not Permitted
C-5 TOD Overlay	–	–	Not Permitted
TOD District	–	–	Not Permitted

2. Tower-Mounted Antennas, Single. Single tower-mounted antennas are subject to the following general requirements:

a. When adjacent to residentially zoned properties, additional tower setback may be required to protect against collapse;

b. Towers and tower-mounted antennas shall be painted an unobtrusive color;

c. Lighting on towers shall be prohibited unless required by the Federal Aviation Administration;

d. Conditional use permit applications may have additional conditions imposed to mitigate the visual impact of the tower and tower-mounted antennas on surrounding properties.

3. Tower-Mounted Antennas, Co-Located. Co-located antennas are subject to the following requirements:

a. Shall be reviewed subject to the site plan review provisions of subsection (A)(2) of this section;

b. Shall be mounted in a configuration similar to or less obtrusive than antennas already existing on the tower. (Ord. 1900 §3, 2007).

17.60.050 Storage and occupancy of mobile homes, motor homes and similar recreational vehicles.

A. A mobile home designed and intended for use as a dwelling unit shall not be parked or stored on any lot in any zoning district within the city limits, with the exceptions of a lawfully established mobile home park, trailer park, a commercial or industrial lot approved for mobile home sales or storage, or a residential lot having an approved conditional use permit for mobile home occupancy as a residential dwelling.

B. Mobile homes having kitchen facilities shall not be utilized in any residential (R) district as a guesthouse.

C. Motor homes, travel trailers, campers, and other similar vehicles normally used for recreational use may be stored on the premises of the owner for any length of time, provided it is not utilized for living purposes and is not parked or stored on the public street.

D. Motor homes, travel trailers, campers and similar recreational vehicles occupied by visiting guests may be parked on the public street for a period not to exceed two weeks (fourteen days) providing the vehicle does not constitute a hazard, obstruct visibility, block driveway access to the street, or interfere with pedestrian usage of a public sidewalk.

E. No motor homes, travel trailer, camper or similar recreational vehicle shall be used as a permanent guesthouse or for temporary or permanent occupancy by a member of the household occupying the premises on which the vehicle is stored.

F. Nothing in this section shall be construed to prohibit the siting of a manufactured home, as defined in this title, upon a residential lot, when the same has been done according to all applicable city standards and with city approval. (Ord. 1684 §54, 1993; Ord. 1436 §2(part), 1981).

17.60.055 Criteria for temporary mobile home placement or infirm citizens.

A. A permit may be issue in accordance with the procedure set forth in this section for the temporary placement and use of a mobile home for occupancy by an infirm person who is related to the applicant by blood or in law as a parent or grandparent of a property owner who is engaged in caring for the infirm person whose infirmity renders that person incapable of maintaining a residence on separate property.

1. Application. Application for a conditional permit shall be on forms supplied by the city and shall be filed with the city planning department.

2. Conditions for Issuance. A permit may be issued by the planning commission when the following conditions are met:

a. Minimum lot size for the placement of temporary mobile homes shall be one acre;

b. A medical doctor licensed by the state of Oregon has certified in writing the nature of the infirmity, that the infirm person is not physically or mentally capable of maintaining a residence on separate property, and that the infirmed person requires the assistance of another person who is nearby;

c. The infirmity must be due to physical or mental impairment. Financial hardship conditions, child care or other convenience arrangements not relating to physical and mental impairment are not considered an infirm condition for which a permit can be issued;

d. Water and sewer disposal systems for the mobile home must meet all city and state code requirements;

e. The applicant must receive a mobile home setup permit and conform to the State Building Codes Division/Mobile Home Division requirements for the placement of mobile homes;

f. The mobile home must be currently registered by the State Department of Motor Vehicles with X-plates;

g. The location of the mobile home must conform with setback requirements for primary buildings as established by the city zoning ordinance. The creation of an imaginary property line between the mobile home and the original residence on the property will determine the necessary setbacks as though the mobile home was a primary structure;

h. The applicant shall bear the responsibility of certifying that the placement of the mobile home does not violate any of the provisions of any deed restriction or subdivision covenant for the property;

i. The applicant has agreed to remove the mobile home within forty-five calendar days after the unit has ceased to be used for the person for which the permit was issued;

j. The placement of temporary mobile homes shall require skirting around their entire perimeter;

k. The applicant shall not apply for a land partition or subdivision for the life of this permit which would separate the temporary mobile home from the primary structure for which the temporary mobile home would be accessory to.

3. Notice. Upon verification that the application is complete, the city manager shall cause the scheduling of the conditional use permit application and notice to be given in accordance with Chapter 17.05 of the Central Point Municipal Code.

4. Revocation. A temporary mobile home permit may be revoked by the city for violation of any of the conditions of this section. (Ord. 1969 §1(part), 2013; Ord. 1684 §55, 1993; Ord. 1552 §1, 1985).

17.60.060 Lot size requirements--General exception.

If a lot or the aggregate of contiguous lots or land parcels held in single ownership and recorded in the office of the clerk of Jackson County at the time of passage of the ordinance codified in this title has an area or dimension which does not meet the lot size requirements of the district in which the property is located, the lot or aggregate holdings may be occupied by a use permitted outright in the district subject to all other requirements, provided it complied with all ordinances when it was recorded. (Ord. 1436 §2(part), 1981).

17.60.070 Building height limitation--General exception.

Height limitations set forth elsewhere in this title shall not apply to:

A. Church spires, belfries, cupolas and domes; smokestacks; flag poles; elevator penthouses; cooling towers; grain elevators; parapet walls extending not more than four feet above the limiting height of the building; outdoor theater screens, provided said screens contain no advertising matter other than the name of the theater;

B. Places of public assembly in churches, schools and other permitted public and semipublic buildings; provided, that these are not more than one story in height; and, provided, that for each one foot by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yard shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district. The building shall not occupy more than twenty-five percent of the area of the lot and shall be distant not less than twenty-five feet in all directions from every lot line not a street lot line. (Ord. 1436 §2(part), 1981).

17.60.090 Special setback requirements.

To permit or afford better light, air and vision on more heavily traveled streets, to protect arterial streets and to permit the eventual widening of streets, to preserve the natural beauty and distinctive character of creeks and other water drainage channels (hereinafter referred to as “creeks”) and to protect both public and private property adjacent to creeks from flood damage, the following special setback lines are established along all secondary and major arterial streets and highways, as identified in the comprehensive plan, and along all creeks. No building, structure, or parking area shall be erected or maintained within such setback areas, with the exception that fences may be erected and maintained within street setback areas in accordance with Chapter 17.57.

A. In any residential district, the Bear Creek Greenway district and the M-1 district the street setback line shall be:

1. Sixty feet distant from the centerline of any secondary arterial or highway;

2. Seventy feet distant from the centerline of any major arterial street or highway.

B. In any C-1 and C-2 district the street setback line shall be:

1. Forty-five feet distant from the centerline of any secondary arterial or highway;

2. Fifty-five feet distant from the centerline of any major arterial street or highway.

C. In any C-3 district the street setback line shall be:

1. Forty feet distant from the centerline of any secondary arterial or highway;

2. Fifty feet distant from the centerline of any major arterial street or highway.

D. In any C-4, C-5 and M-2 district the street setback line shall be:

1. Fifty feet distant from the centerline of any secondary arterial or highway;

2. Sixty feet distant from the centerline of any major arterial street or highway.

E. In any zoning district the following special setback requirements from creeks shall apply:

1. The creek setback line shall be twenty-five feet from the top of the creek bank or the boundary of the floodway as established pursuant to Section 8.24.070 or 8.24.150, as applicable, whichever is further.

2. The top of the creek bank is defined as the center of the transition area lying above the bank which rises out of the lower plain of the creek trough. The lower plain of the creek trough is usually at, or slightly above, the average high water level. The creek trough is described as that area of the creek corridor within the mean high water line. (See Figure 1 for generalized diagram.)

3. The special setback requirements from creeks shall not apply to platted lots recorded prior to the effective date of the ordinance adopting such requirements.

4. Within the creek setback area, the city shall have the authority to require conveyance of a maintenance access easement. The maintenance access easement shall be parallel to the creek or channel and shall be of sufficient width to allow a twenty-foot wide maintenance access road along one side of the creek or channel.

5. Prohibited Practices. The following practices are prohibited within the creek setback area, unless otherwise approved by the city’s department of public works and all applicable state and federal regulatory agencies:

a. Storage or dumping of herbicides, pesticides, fertilizers, solvents, fuels, or other hazardous or toxic materials or wastes;

b. Dumping, piling, or disposal of refuse;

c. Channelizing, culverting, straightening, or otherwise modifying natural drainageways;

d. Dumping, piling, disposing, or composting of yard debris, fill, or other material or other deleterious materials, except for single-family residential composting which must be kept a minimum of ten feet from the top of bank;

e. Filling, grading, excavating, or application of herbicides, pesticides, or fertilizers, except as otherwise approved by the city and all applicable state and federal agencies for the protection of public safety and the enhancement or maintenance of the stormwater conveyance or flood control capacity. (Ord. 1771 §1, 1997; Ord. 1684 §56, 1993; Ord. 1615 §§21, 28, 1989; Ord. 1436 §2(part), 1981).

17.60.100 Projections from buildings.

Bay windows, cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features and other similar architectural features may project not more than twenty-four inches into a required yard or into a required open space as established by coverage standards. (Ord. 1981 §3 (Exh. C) (part), 2014; Ord. 1436 §2(part), 1981).

17.60.110 Clear-vision areas--Establishment.

A clear-vision area shall be maintained on the corners of all property at the intersection of two streets or a street and a railroad. A clear-vision area shall contain no planting, fence, wall, structure or temporary or permanent obstruction exceeding three and one-half feet in height, measured from the top of the curb, or where no curb exists, from the established street centerline grade, except that trees exceeding this height may be located in this area, provided all branches and foliage are removed to a height of eight feet above the grade. (Ord. 1436 §2(part), 1981).

17.60.120 Clear-vision areas--Measurement.

A. A clear-vision area shall consist of a triangular area two sides of which are lot lines measured from the corner intersection of the street lot lines for a distance specified in the public works standards, or, where the lot lines have rounded corners, the lot lines extended in a straight line to a point of intersection, and so measured, and the third side of which is a line across the corner of the lot adjoining the nonintersecting ends of the other two sides.

B. The minimum clear-vision areas for the various zoning districts shall be as set forth in the Standard Specifications and Uniform Standard Details for Public Works Construction Manual. (Ord. 1684 §57, 1993; Ord. 1436 §2(part), 1981).

17.60.130 Access.

Each lot shall abut a minimum frontage of forty feet upon a public street, other than an alley, with the exception of padlots and lots fronting on a cul-de-sac, which may be permitted a reduced frontage of not less than thirty feet, provided all driveway and off-street parking requirements of Chapter 17.64 can be met. This section is not intended to prohibit the creation or development of flag lots. (Ord. 1746 §1, 1996; Ord. 1684 §58, 1993; Ord. 1436 §2(part), 1981).

17.60.135 Landscaping requirements.

For all land use applications that require site plan approval, the planning commission may, in its discretion, attach as a condition of approval, reasonable landscaping requirements designed to beautify the development. (Ord. 1684 §59, 1993).

17.60.140 Authorization for similar uses.

The planning commission may rule that a use not specifically named in the examples of allowed uses of a district shall be included among the allowed uses, if the use is of the same general type and is similar to the permitted uses.

A. The planning commission in ruling upon similar uses shall find as follows:

1. That the use is closely related to listed uses in the NAICS and can be shown to exist compatibly with those uses;

2. That the use is treated under local, state or national codes or rules in the same manner as permitted uses. Except that these codes or rules shall not include land use or zoning regulations; and

3. That the use is consistent with the purpose of the district and the comprehensive plan map and policies.

B. The planning commission may rule upon similar uses for one or more districts either when a similar use is proposed or at the time of amendments to the zoning text or zoning map. The city shall maintain a record of rulings on similar uses. (Ord. 2014 §9, 2015; Ord. 1615 §49, 1989; Ord. 1436 §2(part), 1981).

17.60.150 Principal and accessory uses.

A. Land uses that are listed as either permitted or conditional uses in each of the zoning districts are considered to be the principal use of a structure or property. Accessory uses that are subordinate or incidental to a principal use are generally permitted, provided they conform to established patterns of land usage or customary business practices for uses or businesses of like nature. The planning commission may find a use to be in violation of the zoning ordinance if either of the following circumstances occur:

1. A principal use exists that is not permitted in the district in which it is located and has not been granted a conditional use permit;

2. An accessory use exists which is not considered to be related to the principal use, is not incidental to the principal use, or is not compatible with the principal use or with other permitted uses within the district.

B. An incidental or accessory use may be considered the principal use if it has expanded to exceed the formerly recognized principal use in floor area, lot coverage, total gross receipts, or other measurement, as determined by the planning commission. (Ord. 1436 §2(part), 1981).

17.60.160 Maintenance of minimum requirements.

No lot area, yard or other open space or required off-street parking or loading area existing on or after the effective date of the ordinance codified in this title shall be reduced in area, dimension or size below the minimum required by this title, except as provided in Chapter 17.13 or Chapter 17.68. Nor shall any lot area, yard or other open space or off-street parking or loading area which is required by this title for one use be used as the lot area, yard or other open space or off-street parking or area requirement for any other use, except as provided in Section 17.64.060. (Ord. 1615 §50, 1989; Ord. 1436 §2(part), 1981).

17.60.170 Appeal of administrative decisions.

A. The planning commission shall have the power to hear and decide appeals based on the enforcement or interpretation of the provisions of this title.

B. Any appeal from a decision relating to the enforcement or interpretation of this title, unless otherwise specifically provided for in this title, shall be in writing, and shall be filed with the planning commission within ten days after such decision; such appeal shall set forth the reasons therefor.

C. The planning commission shall consider such appeal and render its decision within forty days after the filing thereof.

D. In case an applicant is not satisfied with the action of the planning commission on his appeal, he may, within ten days after the action of the planning commission, appeal in writing to the city council.

E. Notice shall be given to the planning commission of such appeal and a report shall be submitted to the city council setting forth the reasons for action taken by the planning commission or it shall be represented at the council meeting.

F. The city council shall render its decision within forty days after the filing of such appeal. (Ord. 1615 §51, 1989; Ord. 1436 §2(part), 1981).

17.60.180 Duties of officers.

All departments, officials and employees of the city vested with the duty or authority to issue permits shall conform to the provisions of this title and shall issue no permit, certificate or license for uses, buildings or purposes in conflict with the provisions of this title; and any such permit, certificate or license issued in conflict with the provisions of this title, intentionally or otherwise, shall be null and void. It shall be the duty of the building inspector to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure and the use of any land, building or premises. (Ord. 1436 §2(part), 1981).

17.60.190 Home occupations.

A. Purpose and Scope. The intention of the home occupation permit for residential zones is to provide for a limited service-oriented business activity which is conducted in such a manner that the residential character of the building and the neighborhood is preserved.

B. Permit Transfers. No permit for a home occupation shall be transferred or assigned, nor shall the permit authorize any person other than named therein to commence or carry on the occupation for which the permit was issued.

C. Permit Required. The city manager, or his designate, shall issue a home occupation permit if, and only if, he finds that all of the following criteria are, and will be, met by the individual applicant. The permit may include conditions setting an expiration date, requiring periodic review and renewal, requiring the applicant to sign an acknowledgement of the conditions, or other conditions specifically dealing with the property use involved, where such conditions are found to be reasonably necessary to maintain the criteria herein mentioned.

1. The home occupation must be conducted solely within the confines of an accessory structure or the main dwelling and, if within the main dwelling, the home occupation shall not exceed ten percent of the total floor area;

2. Carports shall not be used for the home occupation. A portion of a garage may be used for the home occupation only if the applicant can show that there will be no resulting loss in the number of required off-street parking spaces;

3. No signs associated with such a use shall be permitted;

4. The occupation shall be conducted by a member or members of the family residing on the property as an incidental use to the primary residential use. No additional person or persons shall be employed;

5. In conducting the home occupation, there shall be no mechanical noise so loud, unusual, or penetrating as to cause discomfort or annoyance to adjacent residents; no such noise shall be perceptible on any adjacent property;

6. The home occupation shall not have utility services other than those required for normal residential use;

7. There shall be no entrance nor exit specifically provided in the dwelling or on the premises for the conduct of the home occupation;

8. The home occupation use shall not generate more than ten vehicle trips per day, not counting the vehicle trips not associated with the home occupation use;

9. The electrical, plumbing or structural elements of the dwelling shall not be significantly altered in order to accommodate the home occupation;

10. The yards, landscaping and exterior of the structure shall not be altered from their residential character in order to make the site appear to be a commercial business.

D. Fee Required. At the time of application to the city manager, or his designate, for a home occupation permit, the applicant is required to pay, in addition to an annual business license fee, a fee defined in the city’s adopted planning application fee schedule. This application fee is nonrefundable.

E. Revocation. The permit may be revoked by the city manager for violation of any conditions imposed or authorized, or when it has been found that the occupation is being conducted in violation of any state statute or city ordinance in a disorderly manner, to the detriment of the public, or when the occupation is being carried out by a person other than that named on the permit. The city manager, before revoking a permit, shall give the permittee reasonable notice and an opportunity to be heard.

F. Appeal. Any applicant or affected or concerned property owner has the right to appeal the decision of the city manager or his designate to the planning commission, in the manner provided by Section 17.60.170 of this Chapter.

G. Existing Uses. Persons engaged in home occupations lawfully in existence on residentially-owned premises on the effective date of the amendment codified in this section may continue to thus operate but shall be required to secure a permit hereunder, and any such activity, use, or accessory sign, device or structure, or part thereof, which does not conform to this section shall not be permitted to expand or enlarge and shall be removed or terminated upon (1) change of use or ownership of the premises; or (2) written complaint of adjacent property owners, after due notice and hearing, if the city manager finds that the interference with the use and enjoyment of the neighboring premises is such as to defeat the purpose of the zoning ordinance.

H. Nothing in this section or any other code provision shall be construed to require the issuance of a home occupation permit for a “residential home” or a “residential facility,” as those terms are defined in Oregon Revised Statutes 197.660. (Ord. 1969 §1(part), 2013; Ord. 1786 §8, 1998; Ord. 1735 §1, 1996; Ord. 1711 §2, 1994; Ord. 1471 §1, 1982; Ord. 1436 §2(part), 1981).

17.60.200 Interpretation.

The provisions of this title shall be held as the minimum requirements fulfilling its objectives. Where the conditions imposed by a provision of this title are less restrictive than comparable conditions imposed by any other provisions of this title or of any ordinance, resolution or regulation, the provisions which are more restrictive shall govern. (Ord. 1436 §2(part), 1981).

17.60.210 Padlot developments.

Padlot developments shall be a permitted use in all zoning districts in the city, except R-1 districts, subject to the following:

A. Padlot development applications shall be presented to the city, and processed by the city, in the same manner as a partition or subdivision application: first, in the form of a tentative plan, and then in the form of a final plat. All provisions of Title 16 of this code that apply to subdivisions and partitions shall also apply to padlot developments; provided, that the lot size provisions of Title 16 of this code shall apply only to the parent lot and not to the padlot.

B. The parent parcel, from which the padlots and common area, if any, are to be created shall conform to the standard requirements for lots in the particular zone in which the parent parcel is located, including, but not limited to, requirements pertaining to lot area, lot width, lot depth, lot coverage, yard and setback requirements, number and height of buildings, density restrictions, parking requirements, and distances between buildings.

C. The padlots within the parent parcel are exempt from the lot area, width and depth, yard and setback, and lot coverage requirements to which the parent lot is subject.

D. Structures on padlots must meet all applicable state of Oregon building code requirements, as well as all other applicable city, state and federal regulations.

E. Structures on padlots must be multi-dwelling unit attached buildings. No detached, single-dwelling unit buildings shall be constructed on a padlot.

F. No final plat for the creation of a padlot development shall be approved unless and until the developer has also previously submitted and received city approval for the covenants, conditions and restrictions applicable to the common area, if any, providing for the continual management and maintenance of the common area and any improvements thereon. (Ord. 1763 §1, 1997; Ord. 1731 §2, 1995; Ord. 1726 §3, 1995).

17.60.220 Interim water service and development standards.

A. Purpose. The purpose of this section is to establish regulations permitting interim water service for new development within CP-1B where the municipal public water system cannot be immediately extended but where traded sector and support uses will produce economic growth and development.

B. Applicability. This section shall apply exclusively to lands located within the area shown on the below map (the eligible lands) upon inclusion in the city’s urban growth boundary and annexation to the city. Nothing in this section shall be construed to waive or otherwise interfere with the authority of the Oregon Water Resources Department, nor shall this section prevent the repair or replacement of existing domestic wells which supply existing dwellings, nor shall it prevent the issuance of well permits for residential uses where such land is under the jurisdiction of Jackson County and zoned to permit residential uses.

C. Interim Water Service Needs Agreement. Before eligible lands are included within the city’s urban growth boundary the owner of the land shall enter into an interim water service needs agreement on forms that the city will provide which acknowledges that:

1. A public water system is not available and that it is the owner’s responsibility, at time of development, to demonstrate the owner’s ability to provide, both physically and financially, adequate private water service for the proposed development;

2. At such time as a public water system becomes available it will be the owner’s responsibility, at the owner’s sole cost and expense, to connect to the public water system; and

3. Prior to issuance of a development permit the owner will apply for and obtain an interim water service agreement pursuant to subsection D of this section.

D. Interim Water Service Agreement. At time of a development proposal the owner shall enter into an interim water service agreement with the city. The agreement shall be entered into prior to final plat approval for a partition or subdivision, or the issuance of a building permit by the city, and shall demonstrate compliance with the following standards:

1. After consulting with Fire District No. 3, an applicant for interim water service shall cause the preparation and submittal of engineered plans to Fire District No. 3. The engineered plans shall identify the minimum domestic and fire suppression water needs, the proposed water source, storage and distribution facilities necessary to meet the minimum water needs for both domestic use and fire suppression. The engineered plans shall be prepared by a qualified professional engineer licensed in Oregon that bears his/her professional stamp and seal and shall include an engineer’s estimate of the cost to construct the water system per the approved engineered plans.

2. The engineered interim water service plans shall be submitted to Fire District No. 3 which will have sole authority to determine, on behalf of the city, whether the plans comply with the following standards and provided that reasonable and appropriate conditions may be attached by Fire District No. 3 to the approved plans:

a. Minimum Water Source, Water Storage, and Water Pressure Standards. The engineering plans shall comply with and be governed by Oregon law, including the 2010 Oregon Fire Code, as amended, with respect to water source, water storage, minimum water pressure for domestic and fire suppression purposes, and for any other matter concerning the engineering and delivery of interim water service pursuant to this section. An applicant shall provide evidence sufficient from the Oregon Water Resources Department to establish a lawful right to use ground or surface water to supply interim water service.

Water Quality. Water supplied by groundwater for interim water service and which is intended for human consumption shall meet State of Oregon water quality standards for drinking water. Wells shall be tested annually for quality in accordance with Oregon law.

b. Approval of Engineered Plans for Interim Water Service. Fire District No. 3 shall approve the engineered plans when such plans are deemed to comply with the standards for service set forth in above subsection (D)(2)(a) of this section. Fire District No. 3 will transmit a copy of the approved engineering plans and cost estimate to the city promptly following its approval, along with any conditions recommended to be incorporated into the interim water service agreement. The city may then enter into an interim water service agreement with the property owner.

3. As a condition of the interim water service agreement the applicant shall be required to complete construction of the approved interim water system prior to issuance of a certificate of occupancy. Prior to issuance of a building permit or final plat the applicant shall provide the city with verification by the Oregon Water Resources Department that the project is exempt, or has obtained the necessary permits from the Oregon Water Resources Department.

E. Limitations on Interim Water Service. Interim water service in accordance with this section and as a prerequisite to the issuance of development permits shall only be approved for industrial, commercial and institutional uses and supporting uses thereof. Residential uses other than those in conjunction with permitted industrial, commercial and institutional uses, are not eligible to receive approval for interim water service. However, nothing in this section shall be construed to prevent the repair or replacement of existing domestic wells which supply existing dwellings, nor shall it prevent the issuance of well permits for residential uses where such land is under the jurisdiction of Jackson County and zoned to permit residential uses.

F. Duration of Interim Water Service. Once an interim water service agreement is approved by the city, interim water services may be installed, subject to approval by the Oregon Water Resources Department, by the owner and continued to be used in accordance with the terms of the agreement and this section until such time that:

1. A permanent public water supply and delivery system is installed in the area and adequate water supply mains are located within three hundred feet of any property authorized for interim water service or otherwise meets the requirements of the Central Point Municipal Code. At such time as a public water system is available the city will provide written notice to the owner who shall be required within ninety days or such greater time as the parties may agree to properly abandon the interim water system, and connect to the public water system. Such connection shall be at the owner’s sole cost and expense. It is further provided that nothing in this section shall prevent the city, at its sole discretion, to permit the continued use of interim water for landscape irrigation or for any other lawful purpose after connection to a permanent public water system. Where it is proposed and lawfully permissible to interconnect the interim and public water systems, proper backflow prevention device(s) shall be installed; and

2. Additional development is proposed on the property, or additional off-site development that will jointly use the interim water system approved by the agreement, at which time an amended agreement will be required.

G. Shared Services. Authorized interim water service provided by one or more wells located on a parcel may be permissibly shared, subject to approval by the Oregon Water Resources Department, with other adjacent and nearby properties subject to an amended interim water service agreement, prepared in accordance with subsection D of this section that includes all affected properties.

H. Binding Agreement. Approval of an interim water service needs agreement and an interim water service agreement by the city shall be in the form of a binding, civilly enforceable legal contract between the city and owner of the property for which interim water service approval is sought. Both the interim water service needs agreement and the interim water service agreement shall be recorded and run with the land and be binding upon successors in interest. Upon connection to a public water system the interim water service needs agreement and the interim water service agreement shall be terminated pending city’s approval, after which the termination shall be recorded. (Ord. 1993 §1, 2014).