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North Plains, OR Code of Ordinance
NORTH PLAINS, OREGON CODE OF ORDINANCES
CHARTER
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150: FIRE CODES
CHAPTER 151: FENCES
CHAPTER 152: TRAILER HOUSES AND TRAILER CAMPS
CHAPTER 153: SIDEWALKS AND OTHER PUBLIC WAYS
CHAPTER 154: GENERAL PLANNING
CHAPTER 155: ZONING AND DEVELOPMENT
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 155.706 APPLICATION AND FEE.
   An application for the alternation or expansion of a non-conforming use shall be filed with the city and accompanied by the appropriate fee. It is the applicant’s responsibility to submit a complete application that addresses the applicable review criteria of this chapter. A non-conforming use application is subject to the public notice requirements and public hearing requirements of this chapter.
(Prior Code, § 16.195.005)
§ 155.707 REVIEW CRITERIA.
   (A)   The Planning Commission may authorize alteration, restoration or replacement of a non-conforming use or structure when any of the following circumstances apply:
      (1)   The alteration is necessary to comply with any lawful requirements for alteration of said use or structure; and
      (2)   Restoration or replacement is made necessary by fire, casualty or natural disaster. Any restoration or replacement approved pursuant to this division (A) shall be commenced within one year from the occurrence of the fire, casualty or natural disaster.
   (B)   In any other circumstance, the alteration, restoration or replacement of a non-conforming use or structure may be authorized by the Planning Commission; provided that, the applicant demonstrates that the proposal satisfies the following criteria:
      (1)   The alteration of the use will result in a reduction in non-conformity of the use, or would have no greater adverse impact on the neighborhood; and
      (2)   The alteration of structures or physical improvements will result in a reduction in non-conformity of the structures or improvements or would have no greater adverse impact on the neighborhood.
   (C)   If any non-conforming use is discontinued for a period of one year, the non-conforming use shall not be resumed and any subsequent use of the property and structure involved shall conform to the requirements of this chapter.
(Prior Code, § 16.195.010)
§ 155.708 CONDITIONS OF APPROVAL.
   In approving the alteration, restoration or replacement of a non-conforming use, the Planning Commission may impose such conditions as it deems appropriate to ensure that the intent of this chapter is carried out. Such conditions shall be reasonably related to the criteria set forth in §§ 155.045 through 155.057 of this chapter.
(Prior Code, § 16.195.015)
§ 155.709 COMPLIANCE WITH CONDITIONS.
   Compliance with conditions imposed in a permit for the alteration, restoration or replacement of a non-conforming use and adherence to the approved plot plan is required. Any material departure from these conditions of approval and approved plans constitutes a violation of this chapter. The Commission may revoke any permit issued hereunder for failure to comply with any prescribed condition of approval or for any other violation of this chapter.
(Prior Code, § 16.195.020)
ANNEXATIONS
§ 155.720 STATEMENT OF PURPOSE.
   The city finds annexation is the first step to converting future urbanizable lands to urban land within the city’s urban growth boundary and urban planning area and as such, it is an important part of the process of providing timely and orderly urban development. The city also recognizes that development of lands at urban densities must include the consideration of the provision of adequate levels of required urban services and infrastructure such as police, fire, sanitary sewer, water, roads and storm water disposal. Policies and procedures adopted in this subchapter are intended to carry out the purposes of the city’s Comprehensive Plan and ensure that annexation of lands to the city is done timely and orderly and consistent with the Charter which requires that, unless otherwise mandated by state law, all annexation proposals must be approved by a majority vote of the city’s citizens before the annexation becomes effective.
(Prior Code, § 16.205.000) (Ord. 464, passed 9-16-2019)
§ 155.721 CONDITIONS FOR ANNEXATION.
   The following conditions must be met prior to or concurrent with city processing of any annexation request:
   (A)   The subject property must be located within the city’s urban growth boundary;
   (B)   The subject property must be contiguous to the existing city limits or separated from it only by a public right-of-way or a stream, bay, lake or other body of water, per ORS 221.111(1); and
   (C)   A right-of-way that is not within the urban growth boundary may be annexed for road reconstruction or modification or for the placement of utilities.
(Prior Code, § 16.205.005) (Ord. 464, passed 9-16-2019)
§ 155.722 CRITERIA.
   (A)   The following criteria shall apply to all annexation requests:
      (1)   The proposed use for the site complies with the city’s Comprehensive Plan and with the designation(s) thereon. If a re-designation of the plan map is requested concurrent with annexation, the uses allowed under the proposed designation must comply with the Comprehensive Plan;
      (2)   An adequate level of urban services and infrastructure must be available or made available in a specified time period determined by Council. An ADEQUATE LEVEL OF URBAN SERVICES is defined as:
         (a)   Municipal sanitary sewer, storm drainage and water service meeting the requirements enumerated in the Comprehensive Plan for provision of those services;
         (b)   Rights-of-way with adequate design capacity for the proposed use and projected future uses; and
         (c)   Where construction of improvements necessary for delivery of the urban services identified in division (A)(1) above or the rights-of-way identified in division (A)(2) above are not thought to be immediately necessary, the applicant shall note the methods that are proposed to be used for providing and/or financing those services/improvements including, but not limited to, dedication of right-of-way, granting waiver(s) of remonstrance against possible future local improvement districts created or other approaches/devices to pay for improvement costs.
      (3)   Findings documenting the availability of police, fire, parks, school facilities and all related services shall be made allowing for conclusive findings either for or against the proposed annexation. The adequacy of each of these services shall be considered in relation to each annexation proposal;
      (4)   The proposed annexation represents a logical direction for city expansion, promotes an orderly, reasonable and economically feasible expansion of the city boundaries and, in the judgment of the city, serves the present and future interests of the city; and
      (5)   The burden of providing evidence supporting the findings hereof.
   (B)   Improvements for needed infrastructure may be secured by a funding mechanism that will place the primary economic burden on the territory proposed for annexation and not on the city generally.
(Prior Code, § 16.205.010) (Ord. 464, passed 9-16-2019)
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