Loading...
(A) Generally. Corner lots shall have vision clearance as follows.
(B) Specifically.
(1) In zones where front yards are required, each leg of the vision clearance triangle shall be a minimum of 20 feet in length.
(2) Vision clearance triangles shall be kept free of all visual obstructions from 2 and 1/2 feet to 9 feet above the curb line. Where curbs are absent, the crown of adjacent streets shall be used as the point of reference.
(3) Vision clearance requirements on corner lots may be waived by the City Council or his or her designee, if the City Council finds that:
(a) Traffic entering the intersection is controlled by traffic signals or stop signs;
(b) The distance from the curb line to the property line is 10 feet or more; and
(c) On-street vehicle parking, street trees or other plantings do not interfere with necessary vision clearance; or, in lieu of these 3 findings, that;
(d) Topographic conditions are so extreme that it is not practical to provide required vision clearance.
Figure 3.8-A Vision Clearance Triangle
(Ord. 2021-08-02, passed 10-12-2021)
PUBLIC FACILITIES
All land use and development applications shall comply with the following standards and procedures for the purpose of protecting the future operation of the Banks transportation system:
(A) Development standards. The following standards shall be met for all new uses and developments:
(1) All new lots created, consolidated, or modified through a land division, partition, lot line adjustment, lot consolidation, or street vacation must have frontage or approved access to a public street.
(2) Streets within or adjacent to a development shall be improved in accordance with the Banks street design standards (§ 152.052).
(3) Development of new streets, and additional street width or improvements planned as a portion of an existing street, shall be improved in accordance with this section, and public streets shall be dedicated to the applicable road authority.
(4) New streets and drives shall be paved.
(B) Guarantee. The city may accept a future improvement guarantee (e.g., owner agrees not to object to the formation of a local improvement district in the future) in lieu of street improvements if one or more of the following conditions exist:
(1) A partial improvement would create a potential safety hazard to motorists or pedestrians;
(2) Due to the developed condition of adjacent properties, it is unlikely that street improvements would be extended in the foreseeable future and the improvement associated with the project under review does not, by itself, provide increased street safety or capacity, or improved pedestrian circulation;
(3) The improvement would be in conflict with an adopted capital improvement plan; or
(4) The improvement is associated with an approved land partition in a residential zone and the proposed land partition does not create any new streets.
(C) Creation of rights-of-way for streets and related purposes. Streets shall be created through the approval and recording of a final subdivision or partition plat; except the city may approve the creation of a street by acceptance of a deed, provided that the street is deemed in the public interest by the City Council for the purpose of implementing the Comprehensive Plan, and the deeded right-of-way conforms to the standards of this code.
(D) Creation of access easements. The city may approve an access easement when the easement is necessary to provide for access and circulation in conformance with §§ 152.052 (Streets); 152.053 (Blocks) and; 152.054 (Building Sites). Access easements shall be created and maintained in accordance with the Uniform Fire Code Section 10.207.
(Ord. 2021-08-02, passed 10-12-2021)
(A) The city may require a traffic impact analysis (TIA) prepared by a qualified professional to determine access, circulation, and other transportation requirements in conformance with TIA results. TIA's shall be required for all proposed development that will generate more than 100 a.m. or p.m. peak hour trips per day or 600 average daily trips. Trip calculation shall be based upon Trip Generation, 8th Edition (2008) published by the Institute of Transportation Engineers.
(B) Amendments that affect transportation facilities. Amendments to the comprehensive plan and land use regulations which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function, capacity, and level of service of the facility. This shall be accomplished by one of the following:
(1) Adopting measures that demonstrate that allowed land uses are consistent with the planned function of the transportation facility;
(2) Amending the Comprehensive Plan to provide transportation facilities, improvements, or services adequate to support the proposed land uses; such amendments shall include a funding plan to ensure the facility, improvement, or service will be provided by the end of the planning period;
(3) Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation;
(4) Amending the planned function, capacity, or performance standards of the transportation facility; or
(5) Providing other measures as a condition of development or through a development agreement or similar funding method, specifying when such measures will be provided.
(Ord. 2021-08-02, passed 10-12-2021)
The purpose of this section of the code is to assist in determining which road authorities participate in land use decisions, and to implement Section 660-012-0045(2)(e) of the State Transportation Planning Rule that requires the city to adopt a process to apply conditions to development proposals in order to minimize impacts and protect transportation facilities. This chapter establishes the standards for when a proposal must be reviewed for potential traffic impacts; when a traffic impact analysis must be submitted with a development application in order to determine whether conditions are needed to minimize impacts to and protect transportation facilities; what must be in a traffic impact analysis; and who is qualified to prepare the study.
(A) When a traffic impact study is required. The city or other road authority with jurisdiction may require a Traffic Impact Analysis (TIA) as part of an application for development, a change in use or a change in access. A TIA shall be required when a land use application involves one or more of the following actions:
(1) A change in zoning or a plan amendment designation;
(2) Any proposed development or land use action that a road authority states may have operational or safety concerns along its facility(ies);
(3) An increase in site traffic volume generation by 300 Average Daily Trips (ADT) or more;
(4) An increase in peak hour volume of a particular movement to and from the state highway by 20% or more; or
(5) An increase in use of adjacent streets by vehicles exceeding the 20,000-pound gross vehicle weights by 10 vehicles or more per day;
(6) The location of the access driveway does not meet minimum sight distance requirements, or is located where vehicles entering or leaving the property are restricted, or such vehicles queue or hesitate on the state highway creating a safety hazard; or
(7) A change in internal traffic patterns that may cause safety problems, such as back up onto a street or greater potential for traffic accidents.
(B) Traffic impact study preparation. A traffic impact analysis shall be prepared by a professional engineer in accordance with the requirements of the road authority. If the road authority is the Oregon Department of Transportation (ODOT), consult ODOT's regional development review planner and OAR 734-051-180.
(Ord. 2021-08-02, passed 10-12-2021)
APPLICATIONS AND REVIEW PROCEDURES
(A) Purpose. This chapter establishes standard decision-making procedures for the review of land use and development applications, affording the public a means of participating in the local decision-making process in an efficient manner. Table 4.1-A provides a key for determining the applicable review procedure for land use approvals in the City of Banks.
(B) Applicability of review procedures. All land use and development permits and approvals in the city shall follow the procedures contained in this chapter. The procedure "type" assigned to each application governs the decision-making process for that permit or approval. There are 4 types of permit/approval procedures as described below and as identified in Table 4.1-A.
(1) Type I procedure (staff review - zoning checklist). Type I decisions are made by the City Planning Official, or their designee, without public notice and without a public hearing. Type I decisions are not appealable. A Type I procedure is used in applying city standards and criteria that do not require the use of discretion (i.e., there are clear and objective standards).
(2) Type II procedure (administrative/staff review with notice). Decisions are made by the City Planning Official, with public notice and an opportunity for appeal to the Planning Commission. Alternatively, the City Planning Official may refer an administrative land use application to the Planning Commission for its review and decision in a public meeting.
(3) Type III procedure (quasi-judicial review - public hearing). Type III decisions are made by the Planning Commission after a public hearing, with an opportunity for appeal to the City Council; or in the case of a quasi-judicial zone change (e.g., a change in zoning on one property to comply with the Comprehensive Plan), a Type III decision is made by the City Council on recommendation of the Planning Commission. Quasi-judicial decisions involve discretion but implement established policy.
(4) Type IV procedure (legislative review). The Type IV procedure applies to the creation or revision, or large-scale implementation, of public policy (e.g., adoption of regulations, zone changes, annexation, and comprehensive plan amendments). Type IV reviews are considered by the Planning Commission, which makes a recommendation to City Council. City Council makes the final decision on a legislative proposal through the enactment of an ordinance. Appeals of a City Council Type IV decision go to the Oregon Land Use Board of Appeals (LUBA).
Approvals* | Review Procedures | Applicable Regulations |
Approvals* | Review Procedures | Applicable Regulations |
Adjustments | Type II | |
Amendments to Zoning Map or Text | Type III or IV | |
Annexation | Type IV | |
Code Interpretation | Type II or III | § 151.006 Code Interpretations |
Comprehensive Plan Map or Text Amendment | Type IV | |
Conditional Use Permits | Type III | |
Historic Resource Alteration or Demolition | Typ e III | § 151.065 Historic Resource Overlay Zone H |
Home Occupation | Type I or III | |
Legal Lot Determination | Type I | § 151.005 Lot of Record and Legal Lot Determination |
Master Planned Developments Concept Plan Detailed Development Plan Site Design Review | Type III Type II Type II | |
Modifications to Approved Plans and Conditions Minor Modifications Major Modifications | Type I or II Type III | |
Nonconforming Situations | Type II | § 151.355 Nonconforming Situations |
Parking Determination | Type II | § 151.173 Parking Determination |
Partition or Replat of 2 - 3 lots Preliminary Plat Final Plat | Type III Type I | § 152.004 § 152.009 |
Property Line Adjustments, Including Lot Consolidations | Type I | § 152.012 |
Site Design Review | Type I, II or III | |
Subdivision or Replat of 4 or more lots Preliminary Plat Final Plat | Type III Type II | § 152.004 § 152.009 |
Vpariance | Type III | |
Zoning Checklist | Type I | § 151.231 Type I Procedure |
*The applicant may be required to obtain building permits and other approvals from other agencies, such as a road authority or natural resource regulatory agency. The city's failure to notify the applicant of any requirement or procedure of another agency shall not invalidate a permit or other decision made by the city under this Code. | ||
(Ord. 2021-08-02, passed 10-12-2021)
(A) Type I procedure (staff review). The City Planning Official, or designee, without public notice and without a public hearing, makes ministerial decisions through the Type I procedure. Ministerial decisions are those where city standards and criteria do not require the exercise of discretion (i.e., there are clear and objective standards).
(B) Zoning checklist. The City Planning Official reviews proposals requiring a Type I review using a zoning checklist. The zoning checklist is a preliminary review that is intended to ensure a project proposal meets the basic requirements of the applicable zone before more detailed plans are prepared and before the city authorizes the Building Official to issue a building permit.
(C) Application requirements.
(1) Application forms. Approvals requiring Type I review, including zoning checklists, shall be made on forms provided by the city.
(2) Application requirements. When a zoning checklist is required, it shall:
(a) Include the information requested on the application form;
(b) Address the criteria in sufficient detail for review and action; and
(c) Be filed with the required fee.
(D) Approval required. The city shall not act upon an application for land use approval, and a building permit shall not be issued, until the City Planning Official has approved a zoning checklist for the proposed project.
(E) Criteria and decision. The City Planning Official's review of a zoning checklist is intended to determine whether minimum code requirements are met and whether any other land use permit or approval is required prior to issuance of a building permit.
(F) Effective date. A zoning checklist decision is final on the date it is signed by the City Planning Official. It is not a land use decision as defined by O.R.S. 197.015, and therefore is not subject to appeal to the state Land Use Board of Appeals.
(Ord. 2021-08-02, passed 10-12-2021)
Loading...