The expressed purpose of this section is to assure equal and fair treatment to all individuals seeking to develop within the planning area of the city. This subchapter shall govern the development of property or structures within the planning area which are exempt from the subdivision requirements or are developed within subdivided property. The policies of the city are as follows:
(A) To present adequate information with each development to assure zoning regulatory standards are upheld, coordinate traffic flow and street patterns and assure existing public and private utilities are not damaged or infringed upon by development;
(B) To assure reasonable development standards are achieved to promote the development of the city, while protecting the tax base and tax burden of all residents in the community;
(C) To foster and promote the logical extension of public improvements in an economical manner over a long term; and
(D) To empower the conditioning of the right to build or change uses of property with requirements to construct necessary public improvements.
(Ord. 1840, passed 22894) Penalty, see 157.999
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(Ord. 1840, passed 22894)
No building permit may be issued for any development within the city unless it has met the terms of this section.
(Ord. 1840, passed 22894)
The following development shall fall within the scope of this sub-chapter and shall be required to comply with the requirements identified herein:
(A) New residential, commercial, industrial or utility facility development;
(B) Expansion of single-family or duplex residential development costing in excess of 30% of the assessed value of the improvements on the property;
(C) Reconstruction of a single-family or duplex residential casualty loss costing in excess of 130% of the previously assessed value of the structure itself;
(D) Expansion of multiple-family, commercial or industrial development costing in excess of 10% of the assessed value of the improvements on the property;
(E) Reconstruction of multiple-family, commercial or industrial casualty loss in excess of 110% of the previously assessed value of the structure itself; and
(F) Change of occupancies.
(Ord. 1840, passed 2-28-94; Am. Ord. 2138, passed 6-25-07)
The following requirements shall pertain to all development falling under the categories identified in 157.163 above:
(A) The applicant shall complete a building permit application as provided by the city and a site plan. The site plan shall be drawn to scale and show the following:
(1) All existing and proposed structures and their exterior dimensions;
(2) All streets, alleys and other public rightofway;
(3) Existing and proposed utility lines and/or easements;
(4) Building setbacks;
(5) Location of utilities and proposed connection routes;
(6) Offstreet parking;
(7) Curb cut and sidewalk locations and dimensions and drainage plan.
(B) When required in a conditional use permit or in a major development, the city may require the applicant to supply landscape plans, screening, lighting, fire flow and similar requirements.
(C) Where the applicant's development site abuts existing curb and gutter, sidewalks in conformance with city standards are required to be constructed to the extent curb and gutter exist at the time of application.
(D) (1) The applicant shall be required to participate in a future improvement district to construct and dedicate all public facilities, such as water, wastewater, drainage, curb, gutter, sidewalk and street rightofway adjacent to the development in conformance with city standards and provide easements or deeds to the city for all public facilities.
(2) However, where it is determined that elaying the design and construction of any or all facilities is not appropriate and logical, or causes an adverse impact on surrounding properties, the city may require the developer to construct and dedicate all improvements as a condition of development.
(E) Where it has been determined that the extension of public facilities is required, all costs related to the extension shall be borne by the developer. In addition, any extension of the facilities shall be continued and extended in a logical fashion to the extent of the development site so as to be readily available for adjacent development.
(F) Where the improvement installed by a developer shall benefit other properties, a mutually agreeable settlement shall be arrived at between the city and the developer prior to installing the improvements. This agreement shall identify the benefitting properties, actual costs to be charged and method of repayment to the developer. Where prior agreement exists for improvements benefiting the subject property, the applicant shall make arrangements with the city for the payment of the improvements prior to issuance of any city permit.
(G) The developer shall provide proof of review and approval by all affected and/or county agencies, such as the Department of Transportation or County Planning Department.
(Ord. 1840, passed 22894) Penalty, see 157.999
No final approval or certificate of occupancy will be issued by the city until a time as the applicant has complied with all requirements and shall not be issued if there is any major variance from the site plan.
(Ord. 1840, passed 22894)
All uses permitted outright by this chapter and subject to 157.160 through 157.165 shall be processed as limited land use decisions as defined in ORC 197.015(13). The approval process shall be as provided in ORS 197.195(1) - (5). The Hermiston Comprehensive Plan shall not be an approval standard for a limited land use decision. Approval shall be by the Planner following notice of the application and an opportunity to comment as required by ORS 197.763. Appeals of the Planner’s decision shall be to the City Council as provided for in ORD 197.195(5), except that such appeals shall be on the record and shall follow the procedures in ORS 197.763.
(Ord. 2138, passed 6-25-07)