Chapter 17.96
SITE DEVELOPMENT REVIEW Amended Ord. 3305
Sections:
17.96.020 Applicability of provisions. Amended Ord. 3305
17.96.030 Administration and approval process.
17.96.040 Expiration of approval – Standards for extension of time. Amended Ord. 3305
17.96.060 Bonding and assurances.
17.96.070 Major modification to approved plans or existing development.
17.96.080 Minor modification to approved plans or existing development.
17.96.090 Application submission requirements.
17.96.100 Additional information required and waiver of requirements.
17.96.120 The site development plan.
17.96.140 Architectural drawings.
17.96.010 Purpose.
(1) The purpose and intent of site development review is to promote the general welfare by directing attention to site planning, and giving regard to the natural environment and the elements of creative design to assist in conserving and enhancing the appearance of the city.
(2) It is in the public interest and necessary for the promotion of the health, safety and welfare, convenience, comfort and prosperity of the citizens of the city of St. Helens:
(a) To implement the city of St. Helens comprehensive plan and other approval standards in this code;
(b) To preserve and enhance the natural beauties of the land and of the manmade environment, and enjoyment thereof;
(c) To maintain and improve the qualities of and relationships between individual buildings, structures and the physical developments which best contribute to the amenities and attractiveness of an area or neighborhood;
(d) To protect and ensure the adequacy and usefulness of public and private developments as they relate to each other and to the neighborhood or area; and
(e) To ensure that each individual development provides for a quality environment for the citizens utilizing that development as well as the community as a whole.
(3) In order to prevent the erosion of natural beauty, the lessening of environmental amenities, the dissipation of both usefulness and function, and to encourage additional landscaping, it is necessary:
(a) To stimulate harmonious design for individual buildings, groups of buildings and structures, and other physical developments;
(b) To encourage the innovative use of materials, methods, and techniques and flexibility in building placement; and
(c) To integrate the functions, appearances and locations of buildings and improvements so as to best achieve a balance between private interests and preferences, and the public interest and welfare. (Ord. 2875 § 1.128.010, 2003)
17.96.020 Applicability of provisions. Amended Ord. 3305
Site development review shall be applicable to all new developments and major modification of existing developments, as provided in SHMC 17.96.070, except it shall not apply to:
(1) Single-dwelling units;
(2) Manufactured homes on individual lots;
(3) A duplex, which is not being reviewed as part of any other development;
(4) Minor modifications as provided in SHMC 17.96.080;
(5) Any proposed development which has a valid conditional use approved through the conditional use permit application process;
(6) Home child care;
(7) Home occupations;
(8) Temporary use;
(9) Fuel tank; or
(10) Accessory structures. (Ord. 3232 § 2 (Att. A), 2018; Ord. 2875 § 1.128.020, 2003)
17.96.030 Administration and approval process.
(1) The applicant for a site development review proposal shall be the recorded owner of the property or an agent authorized in writing by the owner.
(2) A preapplication conference with city staff is required. (See SHMC 17.24.040.)
(3) Due to possible changes in state statutes, or regional or local policy, information given by staff to the applicant during the preapplication conference is valid for no more than six months:
(a) Another preapplication conference is required if any site development application is submitted six months after the preapplication conference; and
(b) Failure of the director to provide any of the information required by this section shall not constitute a waiver of the standards, criteria or requirements applicable to the applications.
(4) The director shall approve, approve with conditions or deny any application for site development review as provided by SHMC 17.24.090. The director shall apply the standards set forth in SHMC 17.96.180 when reviewing an application for site development review. The planning commission will review the director’s tentative decision before it becomes final.
(5) The decision of the director may be appealed in accordance with SHMC 17.24.310(1).
(6) The director shall mail notice of any site development review proposal decision to the persons who may have the right to request a hearing before the commission in accordance with SHMC 17.24.120. (Ord. 2875 § 1.128.030, 2003)
17.96.040 Expiration of approval – Standards for extension of time. Amended Ord. 3305
(1) Site development review approval by the director shall be effective for a period of one year from the date of approval.
(2) The site development review approval by the director shall lapse if:
(a) Substantial construction of the approved plan has not begun within a one-year period; or
(b) Construction on the site is a departure from the approved plan.
(3) The director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed six months; provided, that:
(a) No changes are made on the original site development review plan as approved by the director;
(b) The applicant can show intent of initiating construction on the site within the extension period; and
(c) There have been no changes to the applicable comprehensive plan policies and ordinance provisions on which the approval was based.
(4) Notice of the decision shall be provided to the applicant. The director’s decision may be appealed by the applicant as provided by SHMC 17.24.310(1). (Ord. 2875 § 1.128.040, 2003)
17.96.050 Phased development.
(1) The director may approve a time schedule for developing a site in phases over a period of time of one year, but in no case shall the total time period for all phases be greater than three years without reapplying for site development review.
(2) The criteria for approving a phased site development review proposal is that all of the following are satisfied:
(a) The public facilities are constructed in conjunction with or prior to each phase;
(b) The development and occupancy of any phase is not dependent on the use of temporary public facilities:
(i) A “temporary public facility” is any facility not constructed to the applicable city or district standard;
(c) The phased development shall not result in requiring the city or other property owners to construct public facilities that were required by approved development proposal; and
(d) The director’s decision may be appealed as provided by SHMC 17.24.310(1). No notice need be given of the director’s decision. (Ord. 2875 § 1.128.050, 2003)
17.96.060 Bonding and assurances.
(1) On all projects where public improvements are required the director shall:
(a) Require a bond in an amount not greater than 110 percent of engineer estimates for public improvements or other adequate assurances as a condition of approval of the site development plan in order to ensure the completed project is in conformance with the approved plan; and
(b) Approve and release such bonds.
(2) The bond shall be released when the director finds the completed project conforms to the approved site development plan and all conditions of approval are satisfied.
(3) Landscaping shall be installed prior to issuance of occupancy permits, unless security equal to the cost of the landscaping as determined by the director is filed with the city recorder assuring such installation within six months after occupancy:
(a) Security may consist of a faithful performance bond payable to the city, cash, certified check or such other assurance of completion approved by the city attorney; and
(b) If the installation of the landscaping is not completed within the six-month period, the security may be used by the city to complete the installation.
(4) The applicant shall ensure that all occupants of the completed project, whether permanent or temporary, shall apply for and receive a city of St. Helens business license prior to initiating business. (Ord. 2875 § 1.128.060, 2003)
17.96.070 Major modification to approved plans or existing development.
(1) An applicant may request approval of a modification to an approved plan or existing development by:
(a) Providing the director with three copies of the proposed modified site development plan; and
(b) A narrative which indicates the rationale for the proposed modification addressing the changes listed in subsection (2) of this section.
(2) The director shall determine that a major modification(s) will result if one or more of the following changes are proposed. There will be:
(a) An increase in dwelling unit density, or lot coverage for residential development;
(b) A change in the ratio or number of different types of dwelling units;
(c) A change that requires additional on-site parking in accordance with Chapter 17.80 SHMC;
(d) A change in the type of commercial or industrial structures as defined by the applicable building code as administered by the building official;
(e) An increase in the height of the building(s) by more than 10 percent from that approved in a previous site development review or land use decision;
(f) A change in the type and location of accessways and parking areas where off-site traffic would be affected;
(g) An increase in vehicular traffic to and from the site and the increase can be expected to exceed 20 vehicles per day;
(h) An increase in the floor area proposed for a nonresidential use by more than 10 percent excluding expansions under 5,000 square feet;
(i) A reduction in the area reserved for common open space and/or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10 percent;
(j) A reduction of project amenities below the minimum established by this code or by more than 10 percent where specified in the site plan:
(i) Recreational facilities;
(ii) Screening; and/or
(iii) Landscaping provisions; and
(k) A modification to the conditions imposed at the time of site development review approval which are not the subject of subsection (2)(a) through (j) of this section.
(3) Upon determining that the proposed modification to the site development plan is a major modification, the applicant shall submit a new application in accordance with SHMC 17.96.030 and 17.96.090 for site development review prior to any issuance of building permits.
(4) The director’s decision on classification of site design process may be appealed as provided by SHMC 17.24.310(1). Notice of the director’s decision need not be given. (Ord. 3164 § 3 (Att. B), 2012; Ord. 2875 § 1.128.070, 2003)
17.96.080 Minor modification to approved plans or existing development.
(1) Any modification which is not within the description of a major modification as provided in SHMC 17.96.070 shall be considered a minor modification.
(2) An applicant may request approval of a minor modification:
(a) Providing the director with three copies of the proposed modified site development plan; and
(b) A narrative which indicates the rationale for the proposed modification addressing the changes listed in SHMC 17.96.070(2).
(3) A minor modification shall be approved, approved with conditions or denied following the director’s review based on the finding that:
(a) No code provisions will be violated; and
(b) The modification is not a major modification.
(4) The director’s decision may be appealed as provided by SHMC 17.24.310(1). (Ord. 2875 § 1.128.080, 2003)
17.96.090 Application submission requirements.
(1) All applications shall be made on forms provided by the director and shall be accompanied by:
(a) Copies of the site development plan(s) (number to be determined at the preapplication conference) and necessary data or narrative which explains how the development conforms to the standards, and:
(i) The site development plan(s) and required drawings shall be drawn on sheets preferably not exceeding 18 inches by 24 inches;
(ii) The scale for a site development plan shall be an engineering scale; and
(iii) All drawings of structure elevations shall be a standard architectural scale, being one-fourth-inch or one-eighth-inch; and
(b) The required fee.
(2) The required information may be combined on one map.
(3) The site development plan, data, and narrative shall include the following:
(a) An existing site conditions analysis, SHMC 17.96.110;
(b) A site plan, SHMC 17.96.120;
(c) A grading plan, SHMC 17.96.130;
(d) A landscape plan, SHMC 17.96.150;
(e) Architectural elevations of all structures, SHMC 17.96.140;
(f) A sign plan, SHMC 17.96.160; and
(g) A copy of all existing and proposed restrictions or covenants. (Ord. 2875 § 1.128.090, 2003)
17.96.100 Additional information required and waiver of requirements.
(1) The director may require information in addition to that required by this chapter in accordance with SHMC 17.24.080(1).
(2) The director may waive a specific requirement for information in accordance with SHMC 17.24.080(2) and (3). (Ord. 2875 § 1.128.100, 2003)
17.96.110 Site conditions.
The site analysis drawings shall include:
(1) A vicinity map showing streets and access points, pedestrian and bicycle pathways, transit stops and utility locations;
(2) The site size and its dimensions;
(3) Contour lines at two-foot contour intervals for grades zero to 10 percent and five-foot intervals for grades over 10 percent;
(4) The location of drainage patterns and drainage courses;
(5) The location of sensitive lands;
(6) The location of site features including:
(a) Rock outcroppings; and
(b) Trees with six inches caliper or greater measured four feet from ground level;
(7) The location of existing structures on the site and proposed use of those structures; and
(8) The location and type of noise sources on the site or on adjoining property such as traffic ways, mechanical equipment, or noise-producing land uses if requested by the director. (Ord. 2875 § 1.128.110, 2003)
17.96.120 The site development plan.
The proposed site development plan shall be at the same scale as the site analysis and shall include the following information:
(1) The proposed site and surrounding properties;
(2) Contour line intervals (see SHMC 17.96.110(3));
(3) The location, dimensions and names of all:
(a) Existing and platted streets and other public ways and easements on the site and on adjoining properties; and
(b) Proposed streets or other public ways and easements on the site;
(4) The location and dimensions of:
(a) Entrances and exits on the site;
(b) Parking and circulation areas;
(c) Loading and services areas;
(d) Pedestrian and bicycle circulation;
(e) Outdoor common areas; and
(f) Above ground utilities;
(5) The location, dimensions, and setback distances of all:
(a) Existing structures, improvements and utilities which are located on adjacent property within 25 feet of the site and are permanent in nature; and
(b) Proposed structures, improvements and utilities on the site;
(6) The location of areas to be landscaped;
(7) The location and type of outdoor lighting, considering crime prevention techniques;
(8) The location of mailboxes;
(9) The location of proposed utility lines; and
(10) The location of all structures and their orientation. (Ord. 2875 § 1.128.120, 2003)
17.96.130 Grading plan.
The site development plan shall include a grading plan at the same scale as the site analysis drawings and shall contain the following information:
(1) Requirements in SHMC 17.96.110 and 17.96.120;
(2) The location and extent to which grading will take place indicating general contour lines, slope ratios and slope stabilization proposals; and
(3) A statement from a registered engineer supported by factual data substantiating:
(a) The validity of the slope stabilization proposals; and
(b) That all problems will be mitigated and how they will be mitigated. (Ord. 2875 § 1.128.130, 2003)
17.96.140 Architectural drawings.
The site development plan proposal shall include:
(1) Floor plans indicating the square footage of all structures proposed for use on site; and
(2) Typical elevation drawings of each structure. (Ord. 2875 § 1.128.140, 2003)
17.96.150 Landscape plan.
(1) The landscape plan shall be drawn at the same scale as the site analysis plan, or a larger scale if necessary, and shall indicate:
(a) Location of underground irrigation system sprinkler heads where applicable;
(b) Location and height of fences, buffers, and screenings;
(c) Location of terraces, decks, shelters, play areas, and common open spaces; and
(d) Location, type, size, and species of existing and proposed plant materials.
(2) The landscape plan shall include a narrative which addresses:
(a) Soil conditions; and
(b) Erosion control measures that will be used. (Ord. 2875 § 1.128.150, 2003)
17.96.160 Sign drawings.
Sign drawings shall be submitted in accordance with Chapter 17.88 SHMC. (Ord. 2875 § 1.128.160, 2003)
17.96.180 Approval standards.
The director shall make a finding with respect to each of the following criteria when approving, approving with conditions, or denying an application:
(1) Provisions of all applicable chapters of the Community Development Code per SHMC 17.04.010.
(2) Relationship to the Natural and Physical Environment.
(a) Buildings shall be:
(i) Located to preserve existing trees, topography, and natural drainage in accordance with other sections of this code;
(ii) Located in areas not subject to ground slumping or sliding;
(iii) Located to provide adequate distance between adjoining buildings for adequate light, air circulation, and fire fighting; and
(iv) Oriented with consideration for sun and wind; and
(b) Trees having a six-inch DBH (as defined by Chapter 17.132 SHMC) or greater shall be preserved or replaced by new plantings of equal character;
(3) Exterior Elevations. Along the vertical face of single-dwelling units – attached and multidwelling unit structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following:
(a) Recesses (decks, patios, entrances, floor area, etc.) of a minimum depth of eight feet;
(b) Extensions (decks, patios, entrances, floor area, etc.) of a minimum depth of eight feet, and maximum length of an overhang shall be 25 feet; and
(c) Offsets or breaks in roof elevations of three or more feet in height;
(4) Buffering, Screening, and Compatibility between Adjoining Uses (See Figure 13, Chapter 17.72 SHMC).
(a) Buffering shall be provided between different types of land uses (for example, between single-dwelling units and multidwelling units residential, and residential and commercial), and the following factors shall be considered in determining the adequacy of the type and extent of the buffer:
(i) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier;
(ii) The size of the buffer required to achieve the purpose in terms of width and height;
(iii) The direction(s) from which buffering is needed;
(iv) The required density of the buffering; and
(v) Whether the viewer is stationary or mobile;
(b) On-site screening from view from adjoining properties of such things as service areas, storage areas, parking lots, and mechanical devices on rooftops (e.g., air cooling and heating systems) shall be provided and the following factors will be considered in determining the adequacy of the type and extent of the screening:
(i) What needs to be screened;
(ii) The direction from which it is needed;
(iii) How dense the screen needs to be;
(iv) Whether the viewer is stationary or mobile; and
(v) Whether the screening needs to be year-round;
(5) Privacy and Noise.
(a) Structures which include residential dwelling units shall provide private outdoor areas for each ground floor unit which is screened from view by adjoining units as provided in subsection (6)(a) of this section;
(b) The buildings shall be oriented in a manner which protects private spaces on adjoining properties from view and noise;
(c) Residential buildings should be located on the portion of the site having the lowest noise levels; and
(d) On-site uses which create noise, lights, or glare shall be buffered from adjoining residential uses (see subsection (4) of this section);
(6) Private Outdoor Area – Residential Use.
(a) Private open space such as a patio or balcony shall be provided and shall be designed for the exclusive use of individual units and shall be at least 48 square feet in size with a minimum width dimension of four feet, and:
(i) Balconies used for entrances or exits shall not be considered as open space except where such exits or entrances are for the sole use of the unit; and
(ii) Required open space may include roofed or enclosed structures such as a recreation center or covered picnic area;
(b) Wherever possible, private outdoor open spaces should be oriented toward the sun; and
(c) Private outdoor spaces shall be screened or designed to provide privacy for the users of the space;
(7) Shared Outdoor Recreation Areas – Residential Use.
(a) In addition to the requirements of subsections (5) and (6) of this section, usable outdoor recreation space shall be provided in residential developments for the shared or common use of all the residents in the following amounts:
(i) Studio up to and including two-bedroom units, 200 square feet per unit; and
(ii) Three- or more bedroom units, 300 square feet per unit;
(b) The required recreation space may be provided as follows:
(i) It may be all outdoor space; or
(ii) It may be part outdoor space and part indoor space; for example, an outdoor tennis court and indoor recreation room;
(iii) It may be all public or common space; or
(iv) It may be part common space and part private; for example, it could be an outdoor tennis court, indoor recreation room and balconies on each unit; and
(v) Where balconies are added to units, the balconies shall not be less than 48 square feet;
(c) Shared outdoor recreation space shall be readily observable for reasons of crime prevention and safety;
(8) Demarcation of Public, Semipublic, and Private Spaces – Crime Prevention.
(a) The structures and site improvements shall be designed so that public areas such as streets or public gathering places, semipublic areas and private outdoor areas are clearly defined in order to establish persons having a right to be in the space, in order to provide for crime prevention and to establish maintenance responsibility; and
(b) These areas may be defined by:
(i) A deck, patio, low wall, hedge, or draping vine;
(ii) A trellis or arbor;
(iii) A change in level;
(iv) A change in the texture of the path material;
(v) Sign; or
(vi) Landscaping;
(9) Crime Prevention and Safety.
(a) Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants;
(b) Interior laundry and service areas shall be located in a way that they can be observed by others;
(c) Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic;
(d) The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime; and
(e) Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps, and abrupt grade changes:
(i) Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet, which is sufficient to illuminate a person;
(10) Access and Circulation.
(a) The number of allowed access points for a development shall be as provided in SHMC 17.84.070;
(b) All circulation patterns within a development shall be designed to accommodate emergency vehicles; and
(c) Provisions shall be made for pedestrianways and bicycleways if such facilities are shown on an adopted plan;
(11) Distance between Multiple-Family Residential Structure and Other.
(a) To provide privacy, light, air, and access to the multiple and attached residential dwellings within a development, the following separations shall apply:
(i) Buildings with windowed walls facing buildings with windowed walls shall have a 25-foot separation;
(ii) Buildings with windowed walls facing buildings with a blank wall shall have a 15-foot separation;
(iii) Buildings with opposing blank walls shall have a 10-foot separation;
(iv) Building separation shall also apply to buildings having projections such as balconies, bay windows, and room projections; and
(v) Buildings with courtyards shall maintain separation of opposing walls as listed in subsections (11)(a)(i), (ii) and (iii) of this section for walls in separate buildings;
(b) Where buildings exceed a horizontal dimension of 60 feet or exceed 30 feet in height, the minimum wall separation shall be one foot for each 15 feet of building length over 50 feet and two feet for each 10 feet of building height over 30 feet;
(c) Driveways, parking lots, and common or public walkways shall maintain the following separation for dwelling units within eight feet of the ground level:
(i) Driveways and parking lots shall be separated from windowed walls by at least eight feet; walkways running parallel to the face of the structures shall be separated by at least five feet; and
(ii) Driveways and parking lots shall be separated from living room windows by at least 10 feet; walkways running parallel to the face of the structure shall be separated by at least seven feet;
(12) Parking. All parking and loading areas shall be designed in accordance with the requirements set forth in SHMC 17.80.050 and 17.80.090; Chapter 17.76 SHMC, Visual Clearance Areas; and Chapter 17.84 SHMC, Access, Egress, and Circulation;
(13) Landscaping.
(a) All landscaping shall be designed in accordance with the requirements set forth in Chapter 17.72 SHMC; and
(b) For residential use, in addition to the open space and recreation area requirements of subsections (6) and (7) of this section, a minimum of 15 percent of the gross area including parking, loading and service areas shall be landscaped;
(14) Drainage. All drainage plans shall be designed in accordance with the criteria in the most current adopted St. Helens master drainage plan;
(15) Provision for the Handicapped. All facilities for the handicapped shall be designed in accordance with the requirements pursuant to applicable federal, state and local law;
(16) Signs. All sign placement and construction shall be designed in accordance with requirements set forth in Chapter 17.88 SHMC;
(17) All of the provisions and regulations of the underlying zone shall apply unless modified by other sections of this code (e.g., the planned development, Chapter 17.148 SHMC; or a variance granted under Chapter 17.108 SHMC; etc.). (Ord. 3264 § 2 (Att. A), 2021; Ord. 3150 § 3 (Att. B), 2011; Ord. 3144 § 2 (Att. A), 2011; Ord. 2875 § 1.128.180, 2003)