DIVISION III.
LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS
Chapter 17.30
GENERAL PROVISIONS*
Sections:
17.30.020 Application of these procedures.
17.30.040 Land divisions and property line adjustments—Generally.
17.30.050 Middle housing land divisions.
* Prior history:
17.30.030 History: Ord. 1131 §2, 1990; Ord. 1171 §1 (N), 1993; Repealed by Ord. 1323 §1, 2002.
17.30.010 Purpose.
The purposes of the review and approval procedures set forth in Chapter 17.30 through 17.40 shall be:
(1) To guide future growth and development in accordance with the comprehensive plan and other related city ordinances.
(2) To provide for an efficient process to review development.
(3) To provide a framework by which development proposals are reviewed to insure safe, functional developments which are compatible with the natural and man-made environment.
(4) To provide a review mechanism to resolve potential conflicts between development standards and between development and open space recourses.
Statutory Reference: ORS Chs. 92, 197 and 227
History: Ord. 1131 §2, 1990.
17.30.020 Application of these procedures.
The review and approval procedures set forth in GMC Division III (land divisions and property line adjustments) shall apply to the division of property for the purpose of current or future sale or development and to the adjustment of property lines between adjoining lots of record.
Statutory Reference: ORS Ch. 92, 197 and 227
History: Ord. 1131 §2, 1990; Ord. 1323 §1, 2002.
17.30.040 Land divisions and property lines adjustments—Generally.
A land division or property line adjustment shall conform to the comprehensive plan and any plans supplementary to it, shall consider any preliminary plans and improvements made in anticipation thereof, and shall conform with state laws and this title.
Statutory Reference: ORS Chs. 92, 197 and 227
History: Ord. 1131 §2, 1990; Ord. 1171 §1 (0), 1993; Ord. 1323 §1, 2002.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
17.30.050 Middle housing land divisions
A middle housing land division shall be reviewed as specified in GMC Section 17.94.050(5). An application for a middle housing land division shall be submitted as either a subdivision under GMC Chapter 17.32 or a partition under GMC Chapter 17.34, as applicable.
(1) Middle Housing Land Divisions Criteria. Middle housing land divisions shall be subject to the following requirements:
(a) The property to be divided must be developed or proposed to be developed with middle housing that complies with the Oregon Residential Specialty Code and the land use regulations applicable to the original lot or parcel.
(b) The division must result in exactly one dwelling unit on each resulting lot or parcel, except for lots, parcels or tracts used as common areas.
(c) Each dwelling unit shall have separate utilities.
(d) Easements shall be provided for each dwelling unit for:
(A) Locating, accessing, replacing and servicing all utilities;
(B) Pedestrian access from each dwelling unit to a private or public road;
(C) Any common use areas or shared building elements;
(D) Any dedicated driveways or parking; and
(E) Any dedicated common area.
(e) Each resulting lot shall be prohibited from further division.
(f) Accessory dwelling units shall not be permitted on a resulting lot.
(g) The type of middle housing developed on the original lot is not altered by a middle housing land division (e.g., a duplex remains a duplex even if it is divided along the common wall).
(2) Additional Submittal Requirements for Middle Housing Land Divisions. In addition to the submittal requirements found in GMC Section 17.32.020, or 17.34.020 as applicable, an application for a middle housing land division shall include the following additional information:
(a) Demonstration that the property to be divided is developed or proposed to be developed with middle housing that complies with the standards applicable to middle housing on or after July 1, 2022. If middle housing development is proposed, a copy of building permit applications and construction plans that have been submitted to or approved by the Building Codes Division shall be included in the application;
(b) Locations of the easements necessary for:
(A) Locating, accessing, replacing, and servicing all dwelling units;
(B) Pedestrian access from each dwelling unit to a private or public road;
(C) Any common areas or shared building elements; and
(D) Any shared driveways or parking; and
(c) Location of each middle housing dwelling unit, any other development on the lot or parcel, and location of all areas to be retained under common ownership;
(d) Demonstration that there are separate utilities for each dwelling unit.
(3) Combining Plats. If a middle housing land division is approved for the lots or parcels included in an approved, unexpired preliminary plat for a subdivision, partition, or replat, then the final plat for the subdivision, partition, or replat and the final plat for the middle housing land division may be combined as a single final plat.
(4) Final Plats for Middle Housing Land Divisions. If the final plat is for a middle housing land division, it shall contain a notation that the lots shown on the plat were created pursuant to a middle housing land division and may not be further divided.
(5) Extended Review Time. After seven days’ notice to the applicant, the governing body of the local government may, at a regularly scheduled public meeting, take action to extend the 63-day time period to a date certain for one or more applications for a middle housing land division prior to the expiration of the 63-day period. The decision to extend the 63-day review period shall be based on a determination that an unexpected or extraordinary increase in applications makes action within 63 days impracticable. In no case shall an extension be to a date more than 120 days after the application was deemed complete. Upon approval of an extension, the provisions of ORS 197.360 to 197.380 and the Gladstone Municipal Code, including the appeal process, shall remain applicable to the middle housing land division, except that the extended period shall be substituted for the 63-day period wherever applicable.
History: Ord. 1518 §1 (Exh. A), 2022.