KING CITY MUNICIPAL CODE

Transcription

1 KING CITY MUNICIPAL CODE A Codification of the General Ordinances of the City of King City, Oregon Codified 1990 Revised and Republished 1999 by LexisNexis Municipal Codes Matthew Bender & Company, Inc. 701 East Water Street Charlottesville, VA

2 I. HOW TO USE YOUR CODE This code is organized to make the laws of the city as accessible as possible to city officials, city employees and private citizens. Please take a moment to familiarize yourself with some of the important elements of this code. Numbering System. The numbering system is the backbone of a code of ordinances; Matthew Bender & Company, Inc. uses a unique and versatile numbering structure that allows for easy expansion and amendment of this code. It is based on three tiers, beginning with title, then chapter, and ending with section. Each part is represented in the code section number. For example, Section is Section.010, in Chapter 2.04 of Title 2. Title. A title is a broad category under which ordinances on a related subject are compiled. This code contains about 15 to 20 titles. For example, the first title is Title 1, General Provisions, which may contain ordinances about the general penalty, code adoption and definitions. The titles in this code are separated by tabbed divider pages for quick reference. Some titles are Reserved for later use. Chapter. Chapters deal with more specific subjects, and are often derived from one ordinance. All of the chapters on a related subject are grouped in one title. The chapters are numbered so that new chapters which should logically be placed near certain existing chapters can be added at a later time without renumbering existing material. For example, Chapter 2.06, City Manager, can be added between 2.04, City Council, and Chapter 2.08, City Attorney. Section. Each section of the code contains substantive ordinance material. The sections are numbered by tens to allow for expansion of the code without renumbering. Tables of Contents. There are many tables of contents in this code to assist in locating specific information. At the beginning of the code is the main table of contents listing each title. In addition, each title and chapter has its own table of contents listing the chapters and sections, respectively. Ordinance History Note. At the end of each code section, you will find an ordinance history note, which lists the underlying ordinances for that section. The ordinances are listed by number, section (if applicable) and year. (Example: (Ord , 1992).) This note will be updated by Matthew Bender & Company, Inc. as each section is amended, with the most recent amendment added to the beginning. The notation (part) is used when the code section contains only part of the ordinance (or section of the ordinance) specified; this indicates that there are other areas of the code affected by the same ordinance (or section of the ordinance). If the code section was derived from an earlier codification, the last entry in the note indicates the old or prior code section number. Statutory References. The statutory references direct the code user to those portions of the state statutes that are applicable to the laws of the municipality. As the statutes are revised, these references will be updated by Matthew Bender & Company, Inc. Cross-Reference Table. When a code is based on an earlier codification, the cross-reference table will help users find older or prior code references in the new code. The crossreference table is located near the end of the code, under the tabbed divider Tables. This table lists the

3 prior code section in the column labeled Prior Code Section and the new code section in the column labeled Herein. This table will be updated as prior code sections are renumbered or repealed. Ordinance List and Disposition Table. To find a specific ordinance in the code, turn to the section called Tables for the Ordinance List and Disposition Table. This very useful table tells you the status of every ordinance reviewed by Matthew Bender & Company, Inc. The table is organized by ordinance number and provides a brief description and the disposition of the ordinance. If the ordinance is codified, the chapter (or chapters) will be indicated. (Example: (2.04, 6.12, 9.04).) If the ordinance is of a temporary nature or deals with subjects not normally codified, such as budgets, taxes, annexations or rezones, the disposition will be (Special). If the ordinance is for some reason omitted from the code, usually at the direction of the municipality, the disposition will be (Not codified). When an ordinance is repealed, the disposition will be changed by Matthew Bender & Company, Inc. to (Repealed by Ord.) with the appropriate ordinance number. Other dispositions sometimes used are (Tabled), (Pending), (Number Not Used) or (Missing). Index. If you re not certain where to look for a particular subject in this code, start with the index. This is an alphabetical multi-tier subject index which uses section numbers as the reference, and cross-references where necessary. Look for the main heading of the subject you need, then the appropriate subheadings: Insertion Guide. Each supplement to the new code will be accompanied by an Insertion Guide. This guide will tell the code user the date of the most recent supplement and the last ordinance contained in that supplement. It will then list the pages that must be pulled from the code and the new pages that must be inserted. Following these instructions carefully will assure that the code is kept accurate and current. Page Numbers. When originally published, this code was numbered with consecutive page numbers. As it is amended, new material may require the insertion of new pages that are numbered with hyphens. (Example: 31, 32, 32-1.) Backs of pages that are blank (in codes that are printed double-sided) are left unnumbered but the number is reserved for later use. If you have any questions about this code or our services, please contact your editor at or your customer care representative at , or write to us at the following address: LexisNexis Municipal Codes Matthew Bender & Company, Inc. 701 East Water Street Charlottesville, VA BUSINESS LICENSE See also BUSINESS TAX Fee Required when The index will be updated as necessary when the code text is amended.

4 II. DRAFTING AND SENDING YOUR ORDINANCES TO LEXISNEXIS In drawing up ordinances, it is important to designate in the ordinance text what specific portions of the code are affected. The history note in parentheses at the end of each code section documents those ordinance(s) underlying the section being changed. Clearly indicate whether the ordinance adds, amends, repeals and replaces, or simply repeals the affected section. The title of an ordinance and any introductory language appearing before the ordaining clause has no legal effect. The title (or the summary words appearing with it) may state that the ordinance repeals (or amends or adds) certain provisions, but in order for these changes to be effective, the intended repeal, amendment or addition must be set out following the ordaining clause. If you have any questions as to the proper placement of a new provision, please contact us. When Amending Existing Code Material. Amend the code section specifically. The underlying ordinance section may also be included. Examples: of the Municipal Code is amended to read as follows: 3 of Ord. 319 and of the Municipal Code are amended to read as follows: If only a portion of a section is being amended, designate the specific portion: Example: (A)(2) of the Municipal Code is amended to read as follows: When Repealing Existing Code Material. When repealing material, designate the specific portion of the code to be repealed. Include the underlying ordinance section if you wish; however, we consider both code section and underlying ordinance to be repealed whether you mention the underlying ordinance or not. Examples: of the Municipal Code is repealed. 3 of Ord. 319 and of the Municipal Code are repealed. Subsection B of of the Municipal Code is repealed. When Adding New Material to Code. When new provisions are to be added to the code, determine where the material would best fit within the subject matter of the existing section, chapter or title. If there is no existing section, chapter or title, you should assign a new section, chapter or title number. Our expandable decimal numbering system is designed to allow for the incorporation of new material without disturbing the numbering system of existing material. The following language is sufficient to locate new material in the code: Examples: Subsection D is added to of the Municipal Code, to read as follows: is added to the Municipal Code, to read as follows: Chapter is added to the Municipal Code, to read as follows:

5 Formatting. For every page please create a footer which contains: the ordinance no., attachment/exhibit no. (if any) and the page number. Don t use shadow bars, borders or other highlighting. It helps if you can format the ordinance as much like the codebook page as possible. Electronic Submission. In the interests of accuracy and speed, we encourage you to submit your ordinances electronically if at all possible. We can accept most any file format, including Word, WordPerfect or text files. If you have a choice, we prefer Word, any version. You can send files to us as an attachment, by FTP, on a diskette or CD-ROM. Electronic files enable us not only to get you your code quicker but also ensure that it is error-free. Our address is: ordinances@lexisnexis.com. For hard copy, send two copies of all ordinances passed to: LexisNexis Municipal Codes Matthew Bender & Company, Inc. 701 East Water Street Charlottesville, VA Our editorial staff is always willing to provide assistance should there be any difficulty in amending the code. Please call your editor at or your customer care representative at

6 SUPPLEMENT NO. 5 INSERTION GUIDE KING CITY MUNICIPAL CODE July, 2008 (Covering Ordinances through O-08-03) This supplement consists of reprinted pages replacing existing pages in the King City Municipal Code. Remove pages listed in the column headed Remove Pages and in their places insert the pages listed in the column headed Insert Pages. This Guide for Insertion should be retained as a permanent record of pages supplemented and should be inserted in the front of the code. Remove Pages Insert Pages Remove Pages Insert Pages Preface...Preface TEXT a b STATUTORY REFERENCES TABLES INDEX I-9 I I-9 I-10 I-13 I I-13 I-15

7 PREFACE The King City Municipal Code, originally published by Book Publishing Company in 1990, has been kept current by regular supplementation by Matthew Bender & Company, Inc., its successor in interest. During original codification, the ordinances were compiled, edited and indexed by the editorial staff of Book Publishing Company under the direction of Lenore Akerson, City Manager. The code is organized by subject matter under an expandable threefactor decimal numbering system which is designed to facilitate supplementation without disturbing the numbering of existing provisions. Each section number designates, in sequence, the numbers of the title, chapter, and section. Thus, Section is Section.010, located in Chapter 2.04 of Title 2. In most instances, sections are numbered by tens (.010,.020,.030, etc.), leaving nine vacant positions between original sections to accommodate future provisions. Similarly, chapters and titles are numbered to provide for internal expansion. In parentheses following each section is a legislative history identifying the specific sources for the provisions of that section. This legislative history is complemented by an ordinance disposition table, following the text of the code, listing by number all ordinances, their subjects, and where they appear in the codification. A subject-matter index, with complete cross-referencing, locates specific code provisions by individual section numbers. This supplement brings the code up to date through Ordinance O-08-03, passed March 19, LexisNexis Municipal Codes Matthew Bender & Company, Inc. 701 East Water Street Charlottesville, VA

8 TABLE OF CONTENTS Title 1 Title 2 Title 3 Title 4 Title 5 Title 6 Title 7 Title 8 Title 9 Title 10 Title 11 Title 12 Title 13 Title 14 Title 15 Title 16 Appendix A Charter General Provisions Administration and Personnel Revenue and Finance (Reserved) Business Taxes, Licenses and Regulations Animals (Reserved) Health and Safety Public Peace, Morals and Welfare Vehicles and Traffic (Reserved) Streets, Sidewalks and Public Places Public Services (Reserved) (Reserved) Buildings and Construction Community Development and Zoning Code Comprehensive Plan Statutory References Tables Index

9 Title 1 GENERAL PROVISIONS Chapters: 1.01 Code Adoption 1.04 General Provisions 1.08 Ordinance Passage Procedures 1.12 General Penalty

10 (RESERVED) Chapter 1.01 CODE ADOPTION

11 Chapter 1.04 GENERAL PROVISIONS Sections: Definitions Title of office Interpretation of language Grammatical interpretation Acts by agents Prohibited acts include causing and permitting Computation of time Construction of ordinances Repeal shall not revive any ordinances Definitions. The following words and phrases, whenever used in the ordinances of the city shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases: City and town each mean the city of King City, Oregon, or the area within the territorial limits of the city, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision. Council means the city council of the city. All its members or all councilors means the total number of councilors holding office. County means the county of Washington. Fiscal year means the twelve month period from July 1st of one year through June 30th of the following year. Law denotes applicable federal law, the Constitution and statutes of the state, the ordinances of the city, and, when appropriate, any and all rules and regulations which may be promulgated thereunder. May is permissive. Month means a calendar month. Must and shall are each mandatory. Oath includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases, the words swear and sworn shall be equivalent to the words affirm and affirmed. Owner, applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land. Person includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them. Personal property includes money, goods, chattels, things in action and evidences of debt. Preceding and following means next before and next after, respectively. Property includes real and personal property. Real property includes lands, tenements and hereditaments. Sidewalk means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians. State means the state of Oregon. Street includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state. Tenant and occupant, applied to a building or land, include any person who occupies the whole or a part of such building or land, whether alone or with others. Written includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible form. Year means a calendar year. (Ord. O , 1990) Title of office. Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city. (Ord. O , 1990)

12 Interpretation of language. All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. (Ord. O , 1990) Grammatical interpretation. The following grammatical rules shall apply in the ordinances of the city unless it is apparent from the context that a different construction is intended: A. Gender. Each gender includes the masculine, feminine and neuter genders. B. Singular and Plural. The singular number includes the plural and the plural includes the singular. C. Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable. (Ord. O , 1990) Acts by agents. When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent. (Ord. O , 1990) Prohibited acts include causing and permitting. Whenever in the ordinances of the city, any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. (Ord. O , 1990) Computation of time. Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded. (Ord. O , 1990) Construction of ordinances. The provisions of the ordinances of the city and all proceedings under them are to be construed with a view to effect their objects and to promote justice. (Ord. O , 1990) Repeal shall not revive any ordinances. The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby. (Ord. O , 1990) Chapter 1.08 ORDINANCE PASSAGE PROCEDURES Sections: Enacting clause Introduction Reading and passing Effective date Objections to ordinances Enacting clause. The enacting clause for all ordinances shall be: The City of King City ordains as follows:. (Ord. 1 1, 1966) Introduction. Every ordinance shall be introduced by a member of the city council. (Ord. 1 2, 1966) Reading and passing. Every ordinance shall be read in open council meeting before being passed. Except for emergency ordinances, such readings shall be on two different days. The first reading of every ordinance may be by title only if a copy is provided to each councilor, and one copy is provided for public inspection not later than three days prior to its reading; and if a reading in full is not requested by any member of the council, the second reading may be by title only. (Ord. O (part), 1989: Ord. 1 3, 1966)

13 Effective date. An ordinance enacted by the council shall take effect thirty days after it has been passed; except that ordinances containing an emergency clause shall take effect immediately upon passage. Emergency ordinances may be read twice and voted upon at a single meeting at which at least four councilors are present. A unanimous vote shall be required for passage of an emergency ordinance. (Ord. O (part), 1989: Ord. 1 4, 1966) Objections to ordinances. If any member of the council objects to an ordinance which does not take effect immediately after its passage, he may file his written objections within ten days of its passage, and such objections shall be considered by the council at the next regular meeting. If a majority vote to sustain such objections, the ordinance will be repealed and will not take effect unless it is again passed as a new ordinance. Objections which are overruled by a majority have no effect on an ordinance. (Ord. 1 5, 1966)

14 Chapter 1.12 GENERAL PENALTY Sections: Violation of city code Civil penalty General criteria for imposition. C. The imposition of any civil penalty provided for under this section shall be in addition to any other remedy, fee or assessment provided for or authorized by this code or state law. (Ord. O , 2000: Ord. O , 1994; Ord. O , 1990) Violation of city code Civil penalty General criteria for imposition. A. It is unlawful for any person or entity to violate any provision or to fail to comply with any requirement imposed by this code. Any person or entity violating any provision or failing to comply with any requirement imposed by this code, unless provision is made specifically otherwise, is subject, upon a determination that such violation or failure has occurred by the municipal judge, to a civil penalty of up to one thousand dollars per day for each day the violation or failure to comply has existed. Any act or omission made unlawful under this code includes causing, allowing, permitting, aiding, abetting, suffering or concealing such act or omission as provided for under Section of this code. B. In establishing the amount of any civil penalty, a court (including the municipal court) should consider any of the following factors that the court deems relevant: 1. The actions taken by the person or entity to mitigate or correct the violation; 2. The financial condition of the person or entity charged with the violation; 3. Whether the violation or the failure to comply is repeated or continuous in nature; 4. The magnitude or gravity of the violation or failure to comply; 5. The cooperativeness of the person or entity with the city; 6. The cost to the city of investigating, correcting, attempting to correct and/or prosecuting the violation or failure; and 7. Any other factor deemed by the court to be relevant.

15 Title 2 ADMINISTRATION AND PERSONNEL Chapters: 2.04 City Council 2.08 City Manager 2.12 Municipal Judge 2.16 Planning Commission 2.20 City Hall 2.24 Public Records 2.30 Candidate Nomination Procedures 2.34 City Council Rules of Order 2.38 Procedures for Filling of Council Vacancy 2.40 Local Contract Review Board 2.42 Code Enforcement 2.46 Emergency Powers

16 Chapter 2.04 CITY COUNCIL Sections: Public meetings Notice of meeting and agenda Special meetings Recessed meetings Quorum Effect of tie vote Legislative business Administrative business Order of business Parliamentary procedure Selection of mayor and president Meetings Citizen comment Meetings Ground rules Meetings Addressing the council Meetings Authority of presiding officer Public hearing procedures Public meetings. All meetings of the council shall be open to the public. The minutes of council meetings shall be kept in a book to be known as the journal which shall be a public record. (Ord. O , 2004: Ord. 2 3, 1966) Notice of meeting and agenda. The council shall cause to be posted at the door of City Hall and the Town Hall, at least twenty-four hours before each regular meeting, a notice of the place, date, and hour of such meeting. The notice shall also include a list of the principal subjects anticipated to be considered at the meeting, but this requirement shall not limit the ability of a governing body to consider additional subjects. (Ord. O (part), 1989: Ord. 2 4, 1966) Special meetings. Special meetings may be called for and held by the council whenever necessary, provided the call is put in writing, signed by the mayor and/or the president of the council, delivered to the residence of each member of the council, and posted at the door of City Hall and Town Hall at least twenty-four hours before the meeting. However, if the special meeting is announced in a city council meeting, the notice need only be delivered to the residence of any member of the council not present at the meeting when the announcement took place. The special meeting notice shall include a list of all subjects to be considered, only those subjects listed may be considered at the special meeting. (Ord. O , 1994: Ord. O (part), 1989: Ord. 2 5, 1966) Recessed meetings. At any regular meeting, the council may recess to a specified time thereafter, and the recessed meeting shall be deemed a regular meeting at which all business shown on the agenda for the regular meeting may be transacted in the same manner and with the same force and effect as at a regular meeting held at the time appointed by the ordinance codified in this chapter. (Ord. 2 6, 1966) Quorum Effect of tie vote. At any meeting of the council, four or a majority of council members in office shall constitute a quorum, but a lesser number may adjourn a meeting or compel the attendance of absent members. Every member present must vote, and every action of the council except a motion to adjourn or compel the attendance of absent members shall require the affirmative vote of four, or a majority of members. In the event of a tie vote on any matter, it shall be continued until the next meeting when the absent council member can be present to cast his vote. (Ord. O , 1995: Ord. 2 7, 1966) Legislative business. In the transaction of legislative business, the council shall act only by ordinance. The ayes and nays shall be recorded upon each ordinance and entered in the journal. (Ord. 2 8, 1966)

17 Administrative business. In the transaction of administrative business, the council may act by ordinance, resolution or motion. The ayes and nays shall be recorded for each ordinance or resolution and entered in the journal. (Ord. 2 9, 1966) Order of business. The minutes of the last regular meeting and the minutes of recessed or special meetings, if any, shall be read at each regular meeting before proceeding with other business. The minutes must be approved by the council. If there are no objections, the council shall approve the minutes as read; and if there are objections, and the minutes are corrected, the council shall approve the same as corrected. The order of business shall be determined by the mayor. (Ord. O , 1995: Ord. 2 10, 1966) Parliamentary procedure. All parliamentary questions which may arise before the council, which are not otherwise provided for, shall be determined by Robert s Rules of Order, Newly Revised. (Ord. O , 1993: Ord. 2 11, 1966) Selection of mayor and president. At its first regular meeting of every odd numbered year, the council shall elect, by a majority vote, a mayor and a president from its members. The mayor shall preside at all meetings of the council. In his absence or disability, the president shall perform the duties of mayor. In the absence of both the mayor and president, the other members of the council shall select one of their number to perform the duties of president during such absence. (Ord. 2 12, 1966) and when citizens can comment on specific agenda items. Those items on the agenda preceded by an asterisk will be those upon which comment will be received. (Ord. O , 1992) Meetings Addressing the council. A person who wishes to address the council shall indicate that they wish to do so in a reasonable manner which is not disruptive to the meeting. A person shall raise his/her hand or indicate on a sign-in sheet, if one is available, that they wish to address the council. If a person is not physically able to raise their hand or sign in, they may indicate to the council in some other manner that they wish to be recognized. Once recognized by the council, the person shall provide their name and address for the record and shall limit their testimony or presentation to two to five minutes at the discretion of the presiding officer. (Ord. O , 1992) Meetings Authority of presiding officer. The presiding officer has the authority to preserve order at all meetings of the council, to cause the removal of any person from any meeting for disorderly conduct and to enforce the rules of the council. The presiding officer may command the assistance of any peace officer of the city to enforce all lawful orders of the presiding officer to restore order at any meeting. (Ord. O , 1992) Public hearing procedures. At public hearings the mayor will state the public hearing procedures before each hearing. (Ord. O , 1992) Meetings Citizen comment. Citizen comments will be scheduled for all council meetings that are open to the public. (Ord. O , 1992) Meetings Ground rules. The mayor will state the ground rules at the beginning of each meeting. The mayor will announce how

18 Chapter 2.08 CITY MANAGER Sections: Office of city manager Appointment and removal Compensation and benefits Powers and duties Office of city manager. Pursuant to the provisions of ORS and , the office of city manager of the city is established. (Ord. O , 1988) Appointment and removal. The office of city manager shall be held by an appointee of the city council. In that the city manager shall be the chief administrative officer of the city, he or she shall be chosen solely on the basis of administrative qualifications and experience without regard to political affiliation. The city manager shall serve at the pleasure of the city council subject to termination without cause by the city council. (Ord. O , 1988) Compensation and benefits. The compensation and benefits for the services of the city manager shall be fixed and determined by resolution of the city council. At the discretion of the council, the terms and conditions of the employment of the city manager may be set forth in an employment contract between the city and the city manager. (Ord. O , 1988) Powers and duties. The city manager shall: A. Exercise control and supervision of all activities, departments and officers of the city government, except the office of municipal judge and the position of city attorney; interview, select and recommend to the mayor and council all applicants proposed for appointment to city offices; make recommendations to the mayor and council concerning the replacement of any city appointive officer, other than the mayor and council members; employees of the city; provided, however, that department heads may be appointed and removed by the city manager after consultation with the mayor and council; B. Supervise the administration and be responsible for the enforcement of all laws and ordinances in effect within the city; administer and enforce all the policies, rules, procedures and resolutions duly adopted by the mayor and council; make such recommendations to the mayor and council concerning the affairs of the city as the city manager may deem desirable; C. Be the chief purchasing and business agent with respect to all departments of the city; D. Prepare and submit to the mayor and council financial and activity reports with respect to each of the city departments, not less than monthly, and such other reports as may be required or desirable concerning city affairs; E. Make available to the public usual and customary information concerning the operations of the city government; F. Perform such other and additional duties as from time to time may be directed to be performed by resolution or motion; G. Be the chief budget and fiscal officer of the city and shall perform the function of budget officer as prescribed by the Local Budget Law of Oregon (ORS Chapter 924); H. Be appointed by the city council as the city recorder of the city, however, he/she shall have authority to appoint another employee to be the city recorder; I. Delegate his/her responsibilities as necessary. (Ord , 1993; Ord. O , 2, 1988; Ord. O , 1988)

19 Chapter 2.12 MUNICIPAL JUDGE Sections: Municipal court established Municipal judge Judicial officer Municipal judge Appointment Municipal court established. The city municipal court is established. The business and affairs of the municipal court shall be administered by the municipal judge in accordance with the powers, jurisdiction and authority conferred and established in Section (Ord. 111A 1, 1987) Municipal judge Judicial officer. The municipal judge shall be the judicial officer of the city. He or she shall hold within the city a court known as the municipal court for the city. The court shall be open for the transaction of judicial business at times specified by the council. All area within the city shall be within the territorial jurisdiction of the court. The municipal judge shall have jurisdiction of all crimes, offenses and violations defined and made punishable by ordinances of the city, the applicable laws of the state and county, and of all actions brought to recover or enforce forfeitures or penalties defined or authorized by ordinances of the city. He or she shall have authority to issue process for the arrest of any person accused of a crime, violation or offense subject to the jurisdiction of the court, to commit any such person to jail or admit the person to bail pending trial, to issue subpoenas, to compel witnesses to appear and testify in court on the trial of any cause before him or her, to compel obedience to such subpoenas, to issue any process necessary to carry into effect the judgments of the court, and to punish witnesses and others for contempt of the court. When not governed by ordinances, all proceedings in the municipal court for the violation of a city ordinance shall be governed by the applicable general laws of the state governing justices of the peace and justice courts. Trials in the municipal court of cases for violation of city ordinances shall be had without juries. (Ord. 111A 2, 1987) Municipal judge Appointment. The municipal judge shall serve at the pleasure of the city council, be considered an independent contractor and not a city employee. The municipal judge may be assisted by a municipal court clerk who shall be a part-time employee of the city. (Ord. 111A 3, 1987) Chapter 2.16 PLANNING COMMISSION Sections: Established Officers Meetings Quorum Rules and procedures Conflicts of interest Powers and duties Permits Application and fees Commission approval Permits Exemptions Appeal to city council Established. The planning commission of the city is established subject to the following: A. Membership and Terms of Office. 1. The commission shall consist of seven voting members to be appointed by the mayor with the consent and approval of the city council. Each member shall be appointed for a term of four years; provided, however, that terms of the initial commission are staggered; i.e., three for two years and four for four years; 2. No more than two members of the planning commission may be city officers, who shall serve as ex officio nonvoting members; 3. A member of this commission may be removed by the appointing authority, after a hearing, for misconduct or nonperformance of duty; 4. No more than two voting members of the commission may engage principally in the buying, selling

20 or developing of real estate for profit as individuals, or be members of any partnership, or officers or employees of any corporation, that engages principally in the buying, selling or developing of real estate for profit. No more than two members shall be engaged in the same kind of occupation, business, trade or profession. B. Vacancies. Vacancies on the commission shall be filled by appointment by the mayor with the consent and approval of the council. Any person appointed to fill a vacancy shall serve the remaining term of the office vacated. (Ord. O-95-6, 1995; Ord. O , 1991; Ord. O , 1988) Officers. At its organizational meeting, the members of the commission shall elect a chairman, vice chairman and secretary of the commission. Each officer shall serve until the first regular meeting in July next following their respective election. (Ord. O , 1988) Meetings. Meetings of the commission shall be held each month unless cancelled by the chair and city manager. The commission shall meet not less than four times per calendar year. Special meetings may be held as needed and determined by the chairman and city manager. The date, time and place of the commission s regular meeting shall be decided by the commission. (Ord. O-93-2, 1993: Ord. O , 1988) Quorum. Four members of the commission shall constitute a quorum for the conduct of business by the commission. A vote of the majority of the quorum shall be necessary for action by the commission on any matter before it. (Ord. O , 1988) Rules and procedures. The commission may adopt rules of procedure regulating the conduct of its meetings and business, which rules shall not be in conflict with the provisions of this chapter. (Ord. O , 1988) Conflicts of interest. A member of the planning commission shall not participate in any commission proceeding or action in which any of the following has a direct or substantial financial interest: The member or the spouse, brother, sister, child, parent, father-in-law, mother-in-law of the member, any business in which the member is then serving or has served within the previous two years, or any business in which the member is negotiating for or has an arrangement or understanding concerning prospective partnership or employment. Any actual or potential interest shall be disclosed at the meeting of the commission where the action is being taken. (Ord. O , 1988) Powers and duties. A. The commission shall approve or disapprove applications for its review upon a determination that the activity for which the permit is sought is in compliance or noncompliance with the ordinances, resolutions, regulations or laws regulating such activity. The burden of proof shall be upon the applicant to demonstrate compliance. B. The commission shall recommend and make suggestions to the council concerning: 1. The laying out, widening, extending and locating of public thoroughfares, parking of vehicles, relief of traffic congestion; 2. Betterment of housing and sanitation conditions; 3. Establishment of districts for limiting the use, height, area, bulk and other characteristics of buildings and structures related to land development; 4. Protection and assurance of access to incident solar radiation; 5. Recommend to the council plans for regulating the future growth, development and beautification of the city in respect to its public and private buildings and works, streets, parks, grounds and vacant lots, and plans consistent with future growth and development of the city in order to secure the city and its inhabitants sanitation, proper service of public utilities, telecommunications utilities and drainage including appropriate public incentives for overall energy conservation;

21 6. Recommend to the council plans for protection and development of economic needs of the community; 7. Study and propose such measures as are advisable for promotion of the public interest, health, morals, safety, comfort, convenience and welfare of the city and of the area within six miles thereof; 8. Quasi-judicial applications where the council has authority to make decisions; 9. Comprehensive plan/zoning title amendments. (Ord. O , 1990; Ord. O , 1988) Permits Application and fees Commission approval. A. Prior to the issuance of any permit required by the city, the commission shall determine that the activity governed by the permit to be issued is in compliance with all applicable statutes, ordinances, resolutions or regulations relating to such activity. In the case of an application for building permits, the commission may issue its approval subject to determination of the city building official of compliance with the codes administered by the building official. B. The person, firm or corporation seeking any such permit shall file an application for review with the secretary of the commission. The application shall be on a form or forms provided by the commission. At the time the application is filed, the applicant shall pay the application fee in accordance with a schedule of rates established by resolution of the city council. C. The application for review shall be placed upon the agenda of the regular meeting of the commission next following the filing of the application; provided, the application is filed with the secretary of the commission not less than five business days prior to the commission meeting at which it will be considered. (Ord. O , 1988) Permits Exemptions. The provisions of this chapter shall not apply to permits issued for or to solicitors or canvassers. (Ord. O , 1988) Appeal to city council. An action or ruling of the commission authorized by this chapter may be appealed to the city council within fifteen days after the commission has rendered its decision by filing written notice of appeal with the city manager. At the time the notice of appeal is filed, the appellant shall pay an appeal fee in the amount provided in a schedule of rates established by resolution of the city council. If no appeal is taken within the fifteen-day period, the decision of the commission shall be final. If an appeal is filed, the city council shall receive a report and recommendation from the commission and shall hold a public hearing on the appeal. Notice of the time, place and purpose of the public hearing shall be given by: A. Mailing a copy of the notice to the applicant and all other individuals (who appeared in person or wrote letters to the commission), at the addresses such individuals provided to the commission at the commission s hearing; and B. Posting a copy of the notice of public hearing shall occur not less than ten days prior to the date of the hearing. (Ord. O , 1988) Chapter 2.20 CITY HALL Sections: Authority to lease Lease Approval procedures Payment of property taxes Authority to lease. The city administrator is authorized to negotiate with any person, firm, partnership, corporation or other entity to lease any portion of the City Hall that is not needed for public use within the period of the proposed lease. (Ord , 1987) Lease Approval procedures. Any lease negotiated by the city administrator under Section shall be submitted to the city council for consideration at its next regular meeting or any special meeting that may be called to consider such a lease. Any negotiated lease submitted to the council must be expressly subject to city council ratification. Upon consideration, the city council shall,

22 by resolution, ratify, modify or reject the negotiated lease. Upon ratification, the lease shall be effective according to its terms. The city council may propose any changes or amendments in the lease it deems are necessary to further the public interest. In the event the negotiated lease is approved or ratified subject to council initiated changes or amendments, such lease shall be effective on the date the lessee assents in writing to the changes or amendments. (Ord , 1987) Payment of property taxes. A. Any lease submitted to the city council for consideration shall expressly state that the lessee is responsible for paying any property tax that may be assessed to the city on account of the lease or that the city will pay the taxes. In the event the city is to pay taxes, the anticipated tax shall be taken into account in fixing the rental charge. B. This section shall not apply to a lessee whose property is not subject to assessment and taxation under state law. (Ord , 1987) Chapter 2.24 PUBLIC RECORDS Sections: Records available for inspection Inspection of other public records Fees Dishonored checks Records available for inspection. Public inspection by city residents of ordinances, resolutions, financial reports, agendas, and minutes shall be encouraged by making them open and available during office hours. (Ord. O , 1989) Inspection of other public records. When any person has made a request to inspect and copy any public record of the city, and a determination has been made that such person is entitled to do so, the following rules and regulations are applicable: A. Request. The request for inspection of documents in possession of the city shall be made to the city recorder, who shall, as soon as possible, but within no longer than seven working days upon receipt thereof, make a determination as to whether any of the requested information is exempt, and advise the requesting party of the determination and a date and time for the inspection and the estimated cost. B. Date and Time of Inspection. The date and time of inspection shall be during the normal City Hall office hours, but shall be scheduled in such a manner as to cause the least possible disruption to the ongoing city business. Such date and time of inspection shall in no event be more than ten working days from the date and time of the initial request. C. Manner of Inspection. The city or its designee shall be present at all times during any inspection of the documents. The requesting party may have photocopies of any non-exempt documents requested, but such copying shall be done only by city personnel and shall be done only upon prepayment of all inspection and copying charges required by this chapter. (Ord. O , 1989) Fees. Upon receipt of a request to inspect public documents, the city shall determine a reasonable cost to the city, if any, of such request and may require payment in advance by the requesting party of such costs, prior to allowing inspection and copying to occur. The city shall be entitled to include in such costs the reasonable costs of any and all employee time in dealing with the request, including locating the requested documents, witnessing the inspection and preparation of copies, and reasonable charges for copies. (Ord. O , 1989) Dishonored checks. When any fee, fine or other payment is made to the city by any person by check, and such check is dishonored by the bank upon which it was written for insufficient funds having been on account, a processing fee as required by the city s schedule of fees and penalties as approved through resolution of the city council shall be added to the fee, fine or other sum due the city for each check thus returned, and the processing fee shall be subject to collection in the

23 same manner as the underlying fee, fine or other sum due. (Ord. O , 1994: Ord. O , 1989) Chapter 2.30 CANDIDATE NOMINATION PROCEDURES Sections: Qualifications for city councillor Nonpartisan documents Nominations by petition Filing dates Verification of signatures Deficient petitions Acceptance of nomination Qualifications for city councillor. A city councillor shall be a qualified elector under the State Constitution and shall have resided in King City during the six months immediately before being elected or appointed to the office. (Ord. O (part), 1992) Nonpartisan documents. A nomination petition, election notice, ballot or other election document shall not indicate the party affiliation or preference of a city officer or a candidate for city office. (Ord. O (part), 1992) Nominations by petition. A. Nominations shall be made by petition. B. The form of nominating petition for all candidates for city councillor shall substantially conform to the form designated by the Secretary of State. C. Such petition shall be signed by not fewer than twenty-five electors. (Ord. O (part), 1992) Verification of signatures. Within ten days after the filing deadline and at least sixty days prior to the election, the city recorder shall submit the petition signatures to the county clerk for verification that the signatures are valid. (Ord. O , 1992: Ord. O (part), 1992) Deficient petitions. A. If the petition is not signed by the required number of qualified electors, the city manager or manager s designee shall notify the candidate and the person who filed the petition within five days after filing. B. If the petition is insufficient in any other particular, the city manager or manager s designee shall return it immediately to the person who filed it, certifying in writing wherein the petition is insufficient. C. Petitions found to be deficient may be amended and filed again as a new petition, or a substitute petition for the same candidate may be filed within the regular time for filing nomination petitions. (Ord. O (part), 1992) Acceptance of nomination. A. Within five days after receipt of the form from the city manager or his/her designee verifying the petition, the nominee shall accept or decline the nomination. B. Upon receipt of the acceptance, the city manager or manager s designee shall cause the nominee s name to be printed on the ballots. The petition of nomination of a successful candidate at an election shall be preserved until the term of office for which the candidate was elected expires. (Ord. O (part), 1992) Filing dates. A. Petitions shall be filed no later than seventy days prior to the date of election. B. In the situation where the filing date falls on a weekend or legal holiday, the time for filing shall be extended to four p.m. on the following workday. (Ord. O (part), 1992)

24 Chapter 2.34 CITY COUNCIL RULES OF ORDER Sections: Definition of a meeting Meeting times Location of council meetings Attendance Council seating Agenda Order of business Council meetings are open to the public Requirements of executive sessions Roberts Rules of Order, newly revised Information included in the minutes Public hearings Rules of debate Definition of a meeting. A. A meeting exists whenever a public body conducts public business. There must be a quorum for there to be a public body. Generally, a quorum is reached when fifty percent plus one of the members are present. For example, with King City s seven-member council, it takes four council members to constitute a quorum for a council meeting, unless the full seven council positions are not filled. If one or more vacancies exist, a quorum is a majority of the council members in office. B. The public s business includes discussing any policy or administrative matters that pertain to the city. Gatherings for a nonpublic purpose are permitted. For example, it is possible for a quorum of council members to attend a wedding, funeral, lecture, or party and not violate the law as long as there is no discussion of public business at the gathering. If public business is discussed by a quorum, even if there is no voting, then a meeting is being held; and the rules of notice, location, and deliberations discussed below must be complied with. A workshop (work session) is a public meeting. The law does not prevent two or three council members from discussing what will happen at a council meeting (ORS ) (Ord. O , 1993) Meeting times. The council shall meet on the first and third Wednesday of each month at a time between two p.m. and seven p.m. The exact meeting time shall be established by resolution. When the first or third Wednesday of the month falls on a holiday, the council shall meet at the same time on the following day. A regular meeting may be cancelled by the council if done at an earlier regularly scheduled meeting; however, the council must meet at least once each month. (Ord. O , 2004: Ord. O , 1993) Location of council meetings. Public meetings must be held within the geographical limits of the city. The only exception is for training sessions when there is no public business conducted or discussed. Such sessions may occur outside the city limits. (Ord. O , 1993) Attendance. A. Councilors will inform the mayor, city manager, or city recorder if they are unable to attend any council meeting. Additionally, the mayor will inform the council president regarding any absence by the mayor. B. A council position may be declared vacant if a councilor is absent from the city for sixty consecutive days without the consent of the council or fails to attend two consecutive council meetings, unless the councilor has been given approval by the council before the second absence. (King City Charter, Chapter IV, Section 18(d)) (Ord. O , 1993) Council seating. A. During regular-session council meetings, councilors will be seated by the chair; the mayor will be seated in the center. B. There will be no specified seating arrangement for any other meeting of the council. (Ord. O , 1993)

25 Agenda. A. The city manager, with the approval of the mayor, shall prepare an agenda of the business to be presented at a regular or special meeting of the council. B. No land use issue shall be added to an agenda later than ten working days before the next regular meeting of the council. The council and staff shall endeavor to submit all agenda items (and materials) to the city manager for consideration on the agenda for the council meeting not later than five p.m. on the Wednesday preceding the next regular meeting of the council. The council shall consider at the meeting only matters that appear on the agenda for that meeting or are introduced by a council member or the mayor. Council members and the mayor shall endeavor to have subjects they wish considered submitted in time to be placed on the agenda. C. Notice of regular council meetings shall be given in the following manner: Cause notice to be published in a local newspaper and/or post agenda of the meeting in three public places, a minimum of 24 hours preceding the next regular meeting of the Council. Provide agenda and supporting material to the press. Distribute agenda to persons that have requested such. (Ord. O , 1993) Order of business. The order of business at council meetings shall be determined by the mayor or as follows: (King City Charter, Chapter IV, Section 21(b)(4).) A. Call meeting to order (recognize members absent); B. Roll call; C. Flag salute; D. Welcome and inform audience of procedure to be used for recognition of participant(s); E. Presentation of awards; F. Open forum; G. Minutes; H. Public hearings; I. Police report; J. Unfinished business; K. New business; L. City Manager s report; M. Council reports; N. Ordinances and resolutions; O. Adjournment. (Ord. O , 1993) Council meetings are open to the public. ORS requires council meetings to be conducted publicly. All deliberations and proceedings of the council are open to the public unless an executive session is called subject to the requirements listed below. (Ord. O , 1993) Requirements of executive sessions. A. An executive (closed) session may be called, by a motion passed by a majority of the city council, in accordance with ORS , but no executive session may be held to take final action or make a final decision. Public notice must be given in compliance with ORS The press must be told, either verbally or in writing, that they may not report the substance of an executive session. Minutes must be taken of the meeting either by written or tape recorded method. Material discussed during an executive session must not be disclosed. ORS , B. Reserved. C. If the subject does not specifically fall within the terms of the above list, it cannot be the subject of an executive session. D. The enforcement of the public meeting statutes falls under the jurisdiction of the state courts. Any person affected by a decision of the council may file a suit in circuit court to require compliance, and prevent violations of the public meetings, or wilful misconduct of any members of the governing body, such members are personally liable to the governing body for the amount paid to the successful challenger. ORS E. An executive session may be called during a regular, special, or emergency meeting or may be called separately. No formal actions can be taken during an executive session. Normally, the council members indicate what they think until an informal consensus is achieved. When the council reconvenes in open session, formal action may be taken. ORS

26 (1). (Ord. O , 1994; O , 1994; Ord. O , 1993) Roberts Rules of Order, newly revised. A. In accordance with Section , Roberts Rules of Order, newly revised, shall be used as the guideline for conduct of council meetings, except in those cases where specific provisions contrary to Roberts Rules are provided herein. B. The chair will not condone any inappropriate conduct in a meeting. The meetings will be conducted in an orderly and dignified manner in accordance with the parliamentary authority adopted by the city. The interpretation by the parliamentarian, the city attorney, or the council s designee will be final. C. If in the chair s judgement any person is not in accordance with these rules, that person will be asked to leave. If that person does not leave, that person will be escorted out by the police, physically if necessary. D. The council has an obligation to be clean and simple in its procedures when considering the questions coming before it. It should avoid invoking the finer points of parliamentary rules which may serve only to obscure the issues and arouse the suspicions of the audience at public meetings and the citizens of the city in general. (Ord. O , 1995; Ord. O , 1993; Ord. O , 1993) Information included in the minutes. A. The minutes are the permanent record of the proceedings of the council. They must be approved by the council at a subsequent meeting. B. Written minutes must include the following information: 1. Members present; 2. Motion(s), proposal(s), resolution(s), order(s), ordinance(s), and measure(s) proposed, and their disposition; 3. Results of all votes, by member; 4. The substance of any discussion on any matter; 5. A reference to any document discussed at the meeting. 6. Must bear the signature of the clerk/recorder. C. Minutes of executive sessions shall be kept in accordance with subsections (A) and (B) of this section. Instead of written minutes, a record of any executive session may be kept in the form of a sound tape recording which need not be transcribed unless otherwise provided by law in accordance with ORS (Ord. O , 1993; Ord. O , 1993) Public hearings. A. City recorder shall announce prior to each public hearing the nature of the matter to be heard as it is set forth on the agenda. B. Declarations. 1. The presiding officer will ask if any member of the council has a conflict of interest in the matter. 2. The presiding officer will ask if any member of the council has had any ex parte contact he wishes to disclose. 3. The presiding officer will ask if anyone from the audience wishes to challenge any member of the council from acting on the matter. C. The presiding officer will ask for staff report. D. The presiding officer will then declare the hearing to be open and invite members of the audience to be heard in the following order: 1. Information in addition to staff report; 2. Persons in favor of the stated matter; 3. Persons speaking in opposition; 4. Persons who are neutral; 5. Staff report and the responses. E. The presiding officer will close the public hearing. F. The council deliberates to a vote. (Ord. O , 1993) Rules of debate. A. Participation. The mayor, or any councilor may move a question, second a motion, debate, and vote. B. Motions. A question is presented for decision by the council by means of a motion. A list of available motions and the rules for passage are set forth below:

27 1. Friendly Amendment. A formal motion to amend a main motion shall not be necessary if the proposed amendment is accepted by the maker and the second of the main motion. 2. Withdrawing a Motion. A motion may be withdrawn prior to a vote by the maker of the motion. 3. Reconsideration. A motion to reconsider an action by the council may be made during the same meeting at which the action was taken. A motion to reconsider must be made by a councilor that voted with the prevailing side, but may be seconded by any member. 4. Repeal. Except as provided below, any action of the council may be repealed. A motion to repeal may be offered at any meeting following the meeting at which the subject action was taken. The motion must be made by a councilor who voted with the prevailing side, but may be seconded by any member. A motion to repeal shall be passed by a two-thirds vote of members present and eligible to vote, unless notice has been given of the intent to offer the motion. If notice of intent is published on the printed agenda under Business from Council, a motion to repeal shall be passed by a majority of members present and eligible to vote. The following actions may not be repealed: a. An action that can be reached by a motion to reconsider; b. An executed contract or agreement; c. A final written land use decision, unless the motion is made within twenty-one days of approval and specifies one or more reasons why the findings in favor of the decision are incorrect; d. An action which either legally or by its nature cannot be undone. C. Discussion. The presiding officer shall call on councilors for discussion in random order. Once a councilor has obtained the floor, he or she shall not be interrupted without leave of the councilor except as provided by these rules. Each councilor may speak twice on any motion as a matter of right. No councilor shall speak for a second time until each member has had the opportunity to speak once. Any councilor may speak for a third and subsequent time after receiving approval of the council. The moving councilor shall have the privilege of final comment on the motion. Councilors shall limit their discussion to five minutes each time a member speaks. No limits are placed on council discussions prior to a motion. D. Preservation of Order. The presiding officer shall preserve order and decorum, discourage personal attacks, and confine council debate to the question under discussion. The presiding officer may eject from the meeting any person in attendance, including any councilor, who becomes disorderly, abusive, or disruptive, or who fails to, or refuses to obey a ruling of the presiding officer regarding a matter of order or procedure. The presiding officer may summon the assistance of a police officer to assist in maintaining order. E. Points of Order. Any councilor may request a ruling from the presiding officer regarding procedure or preservation of order by calling for a point of order. The presiding officer shall determine the point of order, subject to appeal by any councilor. An appeal shall be decided by majority vote.

28 LIST OF MOTIONS You Say This To Do This Introduce business (a main motion) Amend a motion Divide the motion into parts for separate vote *Suspe nd further consideration of something *Table up a I move that... I move to amend this motion I move the question be divided... I move we table this mater I move Ma y Yo u Interrupt Spe ake r? Must You be Seconded? Is the Motion Debatable? Vot e Requir ed No Yes Yes Majority No Yes Yes Majority No Yes Yes Majority No Yes No Majority No Yes No Major- matter previously tabled Postpone consideration of something Have something studied further End debate *Adjou rn the meeting Recess the meeting *Comp lain about noise, room temperature, etc. to take from the table... I move we postpone this matter until... I move we refer this to... I move the previous question... I move that we adjourn I move that we recess until... Point of privilege ity No Yes Yes Majority No Yes Yes Majority No Yes No 2/3 vote No Yes No Majority No Yes No Majority Yes No No No vote *Objec Point Yes No No No

29 t to procedure or to personal affront of order * Not amendable + vote Cha ir decide s LIST OF MOTIONS To Do This You Say This May You Interrupt Speaker? *Request information *Object to considering some matter *Reconsider something already disposed of *Consider something not in scheduled order *Vote on a ruling by the presiding officer Point of Information I object to consideration of this I move we reconsider action on... I move we suspend the rules and... I appeal the presiding officer s decision Appointment procedures Form of vote When procedures begin. A. The process to select a candidate for the vacancy will be initiated at the time a vacancy exists in accordance with the King City Charter, Chapter IV, Section 17(1) and (2). B. A majority of the council shall make every effort to fill vacant Councilor position within three months. (Ord. O , 1994; Ord. O , 1993) Must You be Is the Motion Vote Seconded? Notification Debatable? of vacancies. Required A. The city manager shall cause, by publication Yes in a newspaper No of general circulation No in No King vote City, applications to be filed by all interested qualified candidates. Applications will be accepted for thirty Yes No No 2/3 vote days after the first publication. (King City Charter, Chapter IV, Section 14(a)) Yes Yes Yes Majority B. Remaining councilors shall immediately canvas their contacts for possible candidates. C. The city manager will inquire, by letter, to No Yes No Majority those applications of the prior year, as to whether or not they wish to resubmit their applications, and/or remain on a list of interested persons. Yes D. At Yes the end of the thirty-day Yes period, Majority receipt of applications will cease. (Ord. O , 1995; Ord. O , 1993; Ord. O , 1993) * Not amendable (Ord. O , 1993) Chapter 2.38 PROCEDURES FOR FILLING OF COUNCIL VACANCY Sections: When procedures begin Notification of vacancies Acknowledgement of applications Determination of qualifications Interviewing candidates Acknowledgement of applications. An application shall be acknowledged by letter, within one week of its receipt, by the city manager or his designee. In addition, council procedures for filling vacancies (copy of Ord. O-93-05) and the King City Charter will be included with the letter. (Ord. O , 1993) Determination of qualifications. King City Charter, Chapter IV, Section 12(b) and Section 14(a) shall be used by the council to determine which applicants are qualified. (Ord. O , 1993)

30 Interviewing candidates. A. The council may direct the city manager to set a date for interviews with all candidates once the filing deadline has expired. Interviews shall take place no sooner than five days after the filing deadline. Interviews will be conducted in accordance with the Oregon Public Meetings Law, ORS to B. The council will offer an interview to each candidate. When the council is satisfied that it has concluded the interview process and reviewed the qualifications of the nominees, the mayor shall call for nominations (by voice). (Ord. O , 1993) Form of vote. The voting on the nomination and final election ballot shall take place by vote. (Ord. O , 1994: Ord. O , 1993) Appointment procedures. Appointment procedures to fill vacancies created by King City Charter, Chapter IV, Section 17(1) and (2), are as follows: A. Councilors shall cast their votes for qualified candidates in an open meeting in accordance with ORS B. The names of each applicant for one or more vacant city council position(s) will be submitted to the city council for consideration. At the city council meeting designated for selection of new city councilor(s) each city councilor may vote for as many applicants as there are vacancies to be filled at that meeting. If any of the applicants receive a majority of the votes necessary to be selected, they shall be considered appointed. If there are vacancies left after this process then any applicant that received at least one vote shall be considered nominated. C. Each city councilor may vote for as many nominees as there are remaining vacancies. Any nominee(s) receiving a majority of votes will be considered appointed. If there are remaining vacancies after this vote, then succeeding votes shall be taken in the same manner until all the vacancies are filled or until it is clear that none of the remaining nominees will receive a majority vote of the city council. In this event, the vacancy remains. D. If a tie is not broken within two tries of the council, the position(s) remain vacant. (Ord. O , 1994; Ord. O , 7, 1993)

31 Chapter 2.40 LOCAL CONTRACT REVIEW BOARD Sections: Definitions Local contract review board Powers and authority to adopt rules Organization of the board Authority to obligate city Delegation of authority to obligate city Purchasing from city employees Definitions. As used in this chapter, unless the context requires otherwise: Board means the city of King City local contract review board. Personal services contract means a contract for services performed by an independent contractor in a professional capacity. Public contract means the purchase, lease or sale by the city of personal property, public improvements or services other than agreements which are for personal services. Public improvement means projects for construction, reconstruction or major renovation on real property by or for the city. The term public improvement does not include emergency work, minor alteration, ordinary repair and/or maintenance necessary in order to preserve a public improvement. (Ord (part), 1999) Local contract review board Powers and authority to adopt rules. The city council is designated as the board for contractual matters relating to the city and shall have all the powers granted such boards by state law. The board shall adopt rules governing the award of public contracts by resolution. (Ord (part), 1999) Organization of the board. A. The mayor shall act as chair of the board with the president of the council acting as the vicechair. The chair shall preside over meetings of the board, but in the absence of the chair (or in the event a vacancy occurs), the line of succession shall be the same as the line of succession which applies to the city council. B. Meetings of the board may be scheduled at any time, including before, after or during a regularly scheduled city council meeting and called in the same manner as a city council meeting with notice of the meeting to be given consistent with the Oregon Public Meetings Law (ORS to ORS (1997)). The meeting agenda shall be prepared by the city manager or their designee. C. Quorum requirements for the board shall be the same as those established for city council. D. The city manager or their designee shall be present at all meetings of the board and shall provide for the recordation and maintain minutes of all meetings of the board as required by law who shall maintain the records and prepare findings and reports required by the board and as any rules adopted by the board may direct. (Ord (part), 1999) Authority to obligate city. The city council shall approve all public contracts and personal services contracts except as otherwise provided in Section of this chapter. (Ord (part), 1999) Delegation of authority to obligate city. The city manager or designee may enter into a public contract or personal services contract which does not exceed five thousand dollars without specific council approval. This delegation of authority is provided that the obligation is part of an adopted budget, the rules of the board are satisfied by written findings and a record is made of the transaction which shows compliance with the rules. The authority of the city manager under the terms of this delegation is subject to the following limitations:

32 A. The expenditure shall be for a single complete item or contract; and B. The item or contract shall not be component of a project except in the case of a project which involves a personal services contract and a public contract. In this situation, the personal services portion shall be considered a single complete project and the public contract portion shall be considered a single complete project. (Ord (part), 1999) Purchasing from city employees. The purchase of any supplies, materials, equipment, labor or services, including personal, professional, technical and expert services from any city employee (or any for-profit business with which a city employee is associated) is subject to prior written approval by the city manager with said approval based upon the following: A. The purchase will result in the most efficient method to accomplish the city s purpose; B. The purchase could not lead to any alleged violations of the city s personnel rules; C. The approval of the purchase could not lead to an adverse employer-employee relationship should the contract be unsatisfactorily performed; and D. All rules adopted by the board have been satisfied. For the purposes of this section, any business with which a city employee is associated means any business of which the employee is a director, officer, owner or employee, or any business association in which the employee owns or has owned more than ten percent of the business within the preceding year. (Ord (part), 1999)

33 Sections: Chapter 2.42 CODE ENFORCEMENT Article I. Introduction Purpose Definitions Chapter provisions not exclusive Reference to state law. Article II. Violation Procedure Reports of violations Notice Immediate remedial action Entry onto private property Search warrant Interference with CE officer Remedial actions by city Costs Notice methods Computation of time period Notice Information required Voluntary compliance agreement Failure to respond to notice. Article III. Pre-hearing and Hearing Procedures Contents of complaint Setting of hearing Emergency setting Postponement Notice of hearing Pre-hearing procedures Hearings procedure Evidence Proposed and final orders Orders Powers of the municipal judge. Article IV. Enforcement and Penalties Assessment Liens Enforcement Rules and regulations Failure to comply and failure to appear Penalty Lien filing and docketing. Article I. Introduction Purpose. This chapter is designed to set out a simplified, effective and efficient process for enforcement of this code. (Ord. O (part), 2001) Definitions. As used in this chapter, the following terms, unless the context requires otherwise, shall mean: City shall mean the city of King City, Oregon. Code, city code or municipal code shall mean the municipal code for the city of King City, Oregon. Code enforcement officer, CE officer or officer shall mean those individual(s) designated by the city manager to enforce the terms of the code. Municipal judge or judge shall be that person appointed by the council pursuant to Section 25 of the King City Charter. Person includes an individual, a joint venture, a partnership, a cooperative, a limited liability company, an association, a joint stock company, a corporation, a trust or an unincorporated organization. Respondent means the person charged with a violation of the code. Voluntary compliance agreement means a written agreement between the city and a respondent to resolve violations of the code. (Ord. O (part), 2001) Chapter provisions not exclusive. The procedures set out in this chapter are the exclusive means for enforcing the terms of the code by the city s CE officer. However, the city retains the authority to use all remedies available to it under

34 ORS or ORS to abate or alleviate code violations and the city shall, in the event it seeks enforcement of its code in the courts of this state, be entitled to the recovery of its reasonable costs and expenses including, but not limited to it reasonable attorneys fees and expert witness fees. (Ord. O (part), 2001) Reference to state law. Any reference to a state statute incorporates into this chapter by reference the statute in effect on the effective date of the ordinance codified in this chapter. (Ord. O (part), 2001) Article II. Violation Procedure Reports of violations. All reports of violations of the city code shall be made to the CE officer. (Ord. O (part), 2001) Notice. Notice of an alleged violation may be given a respondent before a complaint is issued. If notice is given, the CE officer shall afford a respondent not be less than seven days nor more than thirty days to cure or remedy the violation, unless the CE officer determines that different amount of time may be necessary. (Ord. O (part), 2001) Immediate remedial action. Notwithstanding the time periods contained in Section of this chapter, if the CE officer determines that the violation presents an immediate or imminent danger to the public health, safety or welfare, he/she may require such immediate remedial action as he/she deems necessary to alleviate the danger. If the officer is unable to serve notice on respondent or if a respondent fails to remedy the violation within the time directed, the city may proceed to correct the violation consistent with Section of this chapter. (Ord. O (part), 2001) Entry onto private property Search warrant Interference with CE officer. A. The CE officer may, at all reasonable times, enter private property and examine it for violations of the city code. Before entering any private property, the officer shall obtain either consent of the occupant and/or owner thereof or obtain an administrative search warrant from a court of competent jurisdiction (including the municipal court) authorizing the entry. B. No warrant shall be issued until an affidavit has been filed setting out the facts necessary to show probable cause for the inspection, stating the purpose and extent of the inspection and citing the provision(s) of the city code allegedly violated and such other information as the court may deem necessary for issuance of the warrant. C. No person shall attempt to, interfere with or prevent the CE officer or any other person from entering private property when the officer exhibits a warrant authorizing entry of either the officer or any person authorized to accompany him/her. (Ord. O (part), 2001) Remedial actions by city Costs. A. If a respondent fails to remedy a violation, the city is hereby authorized to enter upon the property and correct the violation. In the event the city takes such corrective action, and it incurs costs as result thereof, the city shall seek recovery thereof from the respondent or such other person or entity that the city deems responsible for the violation. In addition, the costs shall be made an assessment lien on the property where the violation occurred. B. The city shall keep accurate records of all costs incurred and send an accounting thereof by first class mail to the respondent and/or the owner of the property affected. Unless the respondent and/or the owner object to the cost bill within fifteen days of the date of the notice, the city clerk shall make the costs an assessment lien against the property. In the event an objection is received, the owner and/or respondent is entitled to a hearing before the city council to contest the amount of the costs assessed. After the hearing, the city council, acting by resolution, shall direct the city clerk to enter the amount of the costs to be assessed. (Ord. O (part), 2001)

35 Notice methods Computation of time period. Notice of the violation shall be given to the respondent by either of (but not necessarily limited to) the following methods: A. Personal service of the notice upon the respondent or an agent of the respondent; or, B. Service by leaving a copy of the notice at or mailing same (by first class mail, postage prepaid) to a person s dwelling house, usual place of abode and/or place of business. (Ord. O (part), 2001) Notice Information required. The following information shall be included in the notice of violation: A. A description of the activity/condition constituting the violation; B. A statement that the CE officer has determined the activity or condition to be a violation; C. The action necessary to remedy the violation, and the date by which the remedy must be completed; and D. An invitation to participate in a discussion with the city concerning the violation and the possibility of entering into a voluntary compliance agreement to effect a cure of the violation. (Ord. O (part), 2001) Voluntary compliance agreement. The CE officer may, on behalf of the city, enter into a written agreement ( agreement ) with a respondent which agreement shall set out the actions necessary to effect compliance with the city code. The agreement shall also include time limits for said compliance. The city shall abate further processing of the violation provided all terms of the agreement are met by the respondent. In the event respondent fails to comply with all terms of the agreement, the city may thereafter continue processing the violation consistent with this chapter. (Ord. O (part), 2001) Failure to respond to notice. If a respondent fails to either comply with the terms of the code or enter into a voluntary compliance agreement, the city may thereafter continue with processing the violation consistent with the terms of this chapter. (Ord. O (part), 2001) Article III. Pre-hearing and Hearing Procedures Contents of complaint. In the event the city elects to move forward with enforcement, the CE officer may file a complaint with the municipal court. In such an event, the complaint shall contain, at a minimum, the following information: A. The name and address of the person(s) cited (i.e. respondent); B. A citation to the city code section allegedly violated and a short factual description of the alleged violation; and C. The address where the violation occurred or is occurring. (Ord. O (part), 2001) Setting of hearing Emergency setting Postponement. A. Upon filing of a complaint, the municipal judge shall specify a time, date and place for a hearing on the complaint and the matters alleged therein. B. The date set for hearing shall be not less than fourteen nor more than thirty days after the date the complaint is filed, except that the municipal judge may specify a date for hearing less than fourteen days where it appears that the alleged violation poses an immediate and serious hazard to the public health, safety or welfare or to the life, health, safety, welfare or property of any person. C. The municipal judge may postpone, continue, set over or reschedule any hearing with the consent of all parties or on the motion of any party for good cause shown. (Ord. O (part), 2001)

36 Notice of hearing. A. The city shall give notice of the hearing along with a copy of the complaint to the respondent(s) not less than five calendar days prior to the date set for hearing except where the municipal judge sets a shorter period when it appears to the judge that the alleged violation poses an immediate and serious hazard to the public health, safety or welfare. B. Notice may be given by any method or combination of methods which, under the circumstances is reasonably likely to apprise the parties of the hearing. Notice may be given by: 1. Personally delivering the notice to the party(ies); or 2. Mailing the notice by United States mail, postage prepaid, and addressed to the residence or business address of the party(ies); or 3. Any method authorized by the Oregon Rules of Civil Procedure for the service of summons; or 4. Any other method authorized by the municipal judge. If notice is given by mail, such notice shall be deemed given and received three days (Sundays and holidays not included) after the notice is deposited in the United States mail. C. The failure of any person to receive actual notice of the proceeding shall not invalidate the hearing or any determination, decision or order of the code hearings officer. (Ord. O (part), 2001) Pre-hearing procedures. A. Prior to the commencement of a hearing, the municipal judge shall inform each party to the hearing of the following matters: 1. A general description of the hearing procedure including the order of presentation of evidence, what kinds of evidence are admissible, whether objections any be made to the introduction of evidence and what kind of objections may be made, and an explanation of the burdens of proof or burdens going forward with the evidence; 2. That a record will be made of the proceedings and the manner of making the record and its availability to the parties; 3. The function of the record-making with respect to the perpetuation of the testimony and evidence and with respect to any appeal from the determination or order of the municipal judge; 4. Whether there exists an opportunity for an adjournment at the end of the party then determines that additional evidence should be brought to the attention of the municipal judge and the hearing is reopened; 5. Whether there exists an opportunity after the hearing and prior to the final determination of the municipal judge to review and object to any proposed findings of fact, conclusions of law, summary of evidence or order of the municipal judge; 6. A description of the appeal or judicial review process from the determination or order of the court. B. The information required to be given to a party to a hearing under subsection A of this section may be given in writing or orally. The failure to give such notice shall not invalidate any determination or order of the municipal judge unless on appeal from or review of the determination of the judge, a reviewing court finds that the failure affects the substantive rights of the complaining party. In such an event, the reviewing court shall remand the matter to the municipal judge for a reopening of the hearing and direct the municipal judge as to what steps shall be taken to remedy the prejudice to the rights of the complaining party. (Ord. O (part), 2001) Hearings procedure. A. Unless precluded by law, informal disposition of any proceeding may be made, with or without a hearing by stipulation, consent order, agreed settlement or default. B. Parties may elect to be represented by counsel and to respond to and present evidence and argument on all issues involved. C. An order adverse to a respondent may be issued upon default only upon a prima facie case made on the record before the municipal judge. D. Testimony shall be taken upon oath or affirmation of the witness from whom received. The judge may administer oaths or affirmations to witnesses.

37 E. The municipal judge shall place on the record a statement of the substance of any written or oral ex parte communications made to the judge on a fact in issue during the pendency of the proceedings and shall notify the parties of the communication and of their right to rebut such communications. F. The record in a proceeding before the municipal judge shall include: 1. All pleadings, motions and intermediate rulings; 2. Evidence received or considered; 3. Stipulations; 4. A statement of matters officially noticed; 5. Questions and offers of proof, objections and rulings thereon; 6. A statement of any ex parte communications on a fact in issue made to the municipal judge during the pendency of the proceedings; 7. Proposed findings and exceptions; and 8. Any proposed, intermediate or final order prepared by the municipal judge. G. A verbatim, written, mechanical or electronic record shall be made on all motions, rulings and testimony. The record shall be transcribed for the purposes of judicial review by the party seeking the review. (Ord. O (part), 2001) Evidence. A. Irrelevant, immaterial or unduly repetitious evidence shall be excluded. Erroneous rulings on evidence shall not preclude action by the municipal judge on the record unless shown to have substantially prejudiced the rights of a party. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible. The municipal judge shall give effect to the rules of privilege recognized by law. Objections to evidence may be received in written form. B. All evidence shall be offered and made a part of the record in the case, and except for matters stipulated to and except as provided in subsection D of this section, no other factual information or evidence shall be considered in the determination of the case. Documentary evidence may be received in the form of copies of excerpts, or by incorporation by reference. The burden of presenting evidence to support a fact or position in a contested case rests on the proponent of the fact or position. C. Every party shall have the right of crossexamination of witnesses who testify and shall have the right to submit rebuttal evidence. D. The municipal judge may take notice of judicially recognizable facts and parties shall be notified at any time during the proceeding, but in any event prior to the final decision, of material officially noticed and they shall be afforded an opportunity to contest the facts so noticed. E. No sanction shall be imposed or order be issued except upon consideration of the whole record as supported by, and in accordance with reliable, probative and substantial evidence. (Ord. O (part), 2001) Proposed and final orders. The municipal judge shall prepare and mail to all parties, a proposed order including findings of fact and conclusions of law. The proposed order shall become final on the date specified in the order, which date shall not be less than fourteen days after such mailing, unless the judge finds that an existing violation is imminently dangerous to the health, safety or property of any person or of the public, in which case the order may specify an earlier date. (Ord. O (part), 2001) Orders. A. Every order adverse to a party to the proceeding shall be in writing or stated in the record and may be accompanied by an opinion. B. Unless otherwise stipulated, a final order shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the underlying facts supporting the findings as to each contested issue of fact supporting the findings as to each contested issue of fact and as to each ultimate fact required to support the municipal judge s order. The findings of fact and conclusions of law may be orally stated on the record

38 by the judge and those findings and conclusions incorporated in the written order by reference. C. The municipal judge shall notify the parties to a proceeding of a final order by delivering or mailing a copy of the order and any accompanying findings and conclusions to each party or, if applicable, the party s attorney of record. D. Every final order shall include a citation of the ordinances under which the order may be appealed or judicially reviewed. (Ord. O (part), 2001) Powers of the municipal judge. A. Consistent with the terms of Section 25 of the King City Charter, the municipal judge may order a party found in violation of this code to comply with the provisions of the code within such time as the municipal judge may by order direct. The order may require such party to do any and all of the following: 1. Make any and all necessary repairs, modifications and/or improvements to structure(s), real property or equipment involved; 2. Abate or remove any nuisance; 3. Change the use of the building, structure or real property involved; 4. Install any equipment necessary to achieve compliance; 5. Pay to the city a civil penalty of up to one thousand dollars per day for each day of a violation or such greater amount as may be authorized by this code; 6. Undertake any other action reasonably necessary to correct the violation or mitigate the effects thereof. B. In the event any party fails to comply with any provision of an order of the municipal judge, except a provision requiring the payment of a civil penalty only, the judge may authorize the city to undertake such actions as he/she may determine are reasonably necessary to correct the violation and/or eliminate or mitigate the effects thereof. The city s reasonable costs of such actions may be made a lien against the affected real property pursuant to Chapter of this title. (Ord. O (part), 2001) Article IV. Enforcement and Penalties Assessment Liens Enforcement Rules and regulations. The municipal judge is authorized to promulgate such rules as may be necessary to enforce this chapter, which rules are subject to the review of the council. (Ord. O (part), 2001) Failure to comply and failure to appear Penalty. A. Failure to comply with the provisions of this chapter constitutes a separate violation. B. If any person knowingly fails to comply with an order of the court or fails to appear, that person is subject to being held in contempt. C. Contempt shall be punishable in the same manner prescribed by state law for justice courts. (Ord. O (part), 2001) Lien filing and docketing. A. Costs incurred by the city for any actions authorized by the municipal judge and any civil penalty imposed as a result of an order of the municipal judge shall be an assessment lien upon the property subject to the order. In addition, a respondent found to have violated the terms of this code shall be personally liable for any costs and/or civil penalties imposed as a result of an order of the municipal judge. B. The city shall furnish a statement of such costs to the respondent in person or by mail, postage prepaid and addressed to the respondent at their residence or place of business, and shall file a copy of such statement with the judge with proof of service attached. If no objection to such statement is filed with the judge within fifteen days of service or mailing, the judge shall certify such statement and forward the same to the city clerk who shall enter the same in the city lien docket. If an objection to the statement is received within the fifteen-day period, the judge shall schedule and hold a hearing to consider said objections after which the judge shall certify such statement, or so much of it as he determines is correct and proper, and forward it to the city clerk who shall enter it into the city lien docket. (Ord. O (part), 2001)

39 Chapter 2.46 EMERGENCY POWERS Sections: Title Definition Declaration of emergency Regulation and control Responsibility of the city manager Emergency acquisition of resources Time limit on emergency regulations Penalties Separability Title. This chapter shall be known as the emergency powers ordinance and may be so cited and pleaded. (Ord. O , 2005) Definition. The conditions required for the declaration of a state of emergency within the city of King City shall be as set out in ORS (4), which provides: Emergency means and includes any man-made or natural event or circumstance causing or threatening loss of life, injury to person or property, human suffering or financial loss, and includes, but is not limited to, fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of oil or hazardous material as defined in ORS , contamination, utility or transportation emergencies, disease, blight, infestation, crisis influx of migrants unmanageable by the county, civil disturbance, riot, sabotage and war. (Ord. O , 2005) Declaration of emergency. Pursuant to ORS , a declaration of a state of emergency within the city of King City may be issued by the mayor (or the council president when the mayor is absent or otherwise unable to perform their duties of the mayor as provided in the city Charter); or the city manager if the nature of the emergency requires that immediate action be taken and it is not reasonably practicable for the mayor to issue the declaration of emergency prior to the time that immediate actions must be taken. Any declaration of emergency by the city manager shall be subject of review and revision by the city council. A declaration of a state of emergency shall be terminated when the state of emergency ceases to exist. (Ord. O , 2005) Regulation and control. The city council may, by resolution, adopt procedures to prepare for and carry out any activity to prevent, minimize, respond to or recover from an emergency. These procedures may include, but are not limited to, the following measures: A. Redirect city funds for emergency use and suspend standard city procurement procedures; B. Establish a curfew which fixes the hours during which all persons other than officially authorized personnel may not be upon the public streets or other public places; C. Prohibit or limit the number of persons who may gather or congregate upon any public street, public place or any outdoor place; D. Barricade streets and prohibit vehicular or pedestrian traffic, or regulate the same on any public street leading to the emergency area for such a distance as may be deemed necessary under the circumstances; E. Evacuate persons from the area designated as an emergency area; F. Close any premise serving alcoholic beverages and prohibit the sale of alcoholic beverages; G. Prohibit the sale of gasoline or other inflammable liquids; H. Prohibit the sale, carrying, or possession of any weapons or explosives of any kind on public streets, public places or any outdoor place; I. Curtail or suspend commercial activity; J. Turn off water, gas, or electricity; K. Commit to mutual aid agreements; L. Order other measures as are necessary for the

40 protection of life or property, or for the recovery from the emergency. (Ord. O , 2005) Responsibility of the city manager. The city manager shall oversee the emergency management program and carry out the emergency duties of function as prescribed by the resolution establishing procedures to deal with an emergency. The city manager may delegate the operational responsibilities of the emergency management program to the chief of police. The delegation shall be in writing. (Ord. O , 2005) Penalties. No person shall knowingly violate any regulation promulgated pursuant to this chapter and imposed in a state of emergency declared under this chapter. Violation of an emergency regulation shall subject the violator, upon conviction in municipal court, to a fine of not more than five hundred dollars per offense. Each day of violation shall be deemed a separate offense for purposes of imposition of penalty. (Ord. O , 2005) Separability. If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this chapter. (Ord. O , 2005) Emergency acquisition of resources. During a declared emergency, the city manager is authorized to extend government authority to nongovernmental resources (i.e., personnel, equipment) which may support regular government forces during an emergency, and may enter into emergency contracts with other public and private agencies for use of resources. When real or personal property is taken under power granted by this section, the owner of the property shall be entitled to reasonable compensation. (Ord. O , 2005) Time limit on emergency regulations. A. The proclamation of an emergency shall become effective upon adoption. B. A proclamation of an emergency shall terminate forty-eight hours after its adoption, or on the issuance of a proclamation that an emergency no longer exists, whichever occurs first; however, the city council may, by resolution, extend a proclamation of emergency for additional periods of time as determined necessary. (Ord. O , 2005)

41 Title 3 REVENUE AND FINANCE Chapters: 3.02 Systems Development Charges 3.03 Reimbursement Districts 3.04 Local Improvement Districts 3.05 Public Utility Fee

42 Chapter 3.02 SYSTEMS DEVELOPMENT CHARGES Sections: Purpose Scope Definitions System development charge imposed Method for establishment created Methodology Authorized expenditures Expenditure restrictions Project plan Collection of charge Installment payment Exemptions Credits Notice Segregation and use of revenue Appeal procedure Prohibited connection Penalty Construction Purpose. This chapter is intended to provide authorization for system development charges for capital improvements pursuant to ORS for the purpose of creating a source of funds to pay for the installation, construction, and extension of capital improvements. These charges shall be collected at the time of the development of properties which increase the use of capital improvements and generate a need for those facilities. Nothing in this chapter is intended to limit the city s authority as may otherwise be provided by state law. (Ord. O (part), 2004: Ord. O (part), 1993) Scope. The system development charges imposed by this chapter are separate from and in addition to any applicable tax, assessment, charge, or fee otherwise provided by law or imposed as a condition of development. (Ord. O (part), 1993) Definitions. Capital improvements means facilities or assets used for: 1. Water supply, treatment and distribution; 2. Sewage and wastewater collection, transmission, treatment and disposal; 3. Drainage and flood control; 4. Transportation; or 5. Parks and recreation. Development means conducting a building or mining operation, making a physical change in the use or appearance of a structure or land, or creating or terminating a right of access. Improvement fee means a fee for costs associated with capital improvements to be constructed after the date the fee is adopted pursuant to Section of this chapter. Land area means the area of a parcel of land as measured by projection of the parcel boundaries upon a horizontal plane with the exception of a portion of the parcel within a recorded right-of-way or easement subject to a servitude for a public street or scenic or preservation purpose. Owner means the owner(s) of record title or the purchaser(s) under a recorded sales agreement, and other persons having an interest of record in the described real property. Parcel of land means a lot, parcel, block or other tract of land that is occupied or may be occupied by a structure or structures or other use, and includes the yards and other open spaces required under the zoning, subdivision, or other development chapters. Permittee means the person to whom a building permit, development permit, permit to connect to the sewer or water system or right-of-way access permit is issued. Qualified public improvement means a capital improvement that is: 1. Required as a condition of development approval; 2. Identified in the plan adopted pursuant to Section of this chapter; and either,

43 3. Not located on or contiguous to a parcel of land that is the subject of the development approval; or 4. Located in whole or in part on or contiguous to property that is the subject of development approval and required to be built larger or with greater capacity than is necessary for the particular development project to which the improvement fee is related. Reimbursement fee means a fee for costs associated with capital improvements constructed or under construction on the date the fee is adopted pursuant to Section of this chapter for which the city determines that capacity exists. System development charge means a reimbursement fee, an improvement fee or a combination thereof assessed or collected at the time of increased usage of a capital improvement or issuance of a development permit, building permit or connection to the capital improvement. System development charge includes that portion of a sewer or water system connection charge that is greater than the amount necessary to reimburse the governmental unit for its average cost of inspecting and installing connections with water and sewer facilities. System development charge does not include any fees assessed or collected as part of a local improvement district or a charge in lieu of a local improvement district assessment, or the cost of complying with requirements or condition of development approval. (Ord. O (part), 2004: Ord. O (part), 1993) System development charge imposed Method for establishment created. A. Unless otherwise exempted by the provisions of this chapter or other local or state law, a systems development charge is imposed upon all development within the city, upon the act of making a connection to the city water or sewer system within the city, and upon all development outside the boundary of the city that connects to or otherwise uses the sewer or water facilities of the city. B. System development charges shall be established and may be revised by resolution of the city council. The city council may adopt a change in the adopted fees as provided by state law. The resolution shall set the amount of the charge, the type of permit to which the charge applies, the methodology used to set the amount of the charge and, if the charge applies to a geographic area smaller than the entire city, the geographic area subject to the charge. (Ord. O (part), 2004: Ord. O (part), 1993) Methodology. A. The methodology used to establish the reimbursement fee shall consider the cost of the thenexisting facilities, prior contributions by thenexisting system users, the value of unused capacity, rate-making principles employed to finance publicly owned capital improvements, gifts or grants from federal or state government or private persons, and other relevant factors identified by the council. The methodology shall promote the objective that future systems users shall contribute no more then an equitable share of the cost of then-existing facilities. B. The methodology used to establish the improvement fee shall consider the cost of projected capital improvements needed to increase the capacity of the systems to which the fee is related and other relevant factors identified by the council. C. The methodology used to establish the improvement fee or the reimbursement fee, or both, shall be adopted by resolution. (Ord. O (part), 2004: Ord. O (part), 1993) Authorized expenditures. A. Reimbursement fees shall be applied only to capital improvements associated with the systems for which the fees are assessed, including expenditures relating to repayment of indebtedness. B. 1. Improvement fees shall be spent only on capacity increasing capital improvements, including expenditures relating to repayment of debt for such improvements. An increase in system capacity occurs if a capital improvement increases the level of performance or service provided by existing facilities or provides new facilities. The portion of the improvements funded by improvement fees must be related to demands created by current or projected development.

44 2. A capital improvement being funded wholly or in part from revenues derived from the improvement fee shall be included in the systems development charge funding project plan adopted by the city pursuant to Section of this chapter. C. Notwithstanding subsections A and B of this Section, system development charge revenues may be expended on the direct costs of complying with the provisions of this chapter, including the costs of developing system development charge methodologies and providing an annual accounting of system development charge funds. (Ord. O (part), 1993) Expenditure restrictions. A. System development charges shall not be expended for costs associated with the construction of administrative office facilities that are more than an incidental part of other capital improvements. B. System development charges shall not be expended for costs of the operation or routine maintenance of capital improvements. (Ord. O (part), 1993) Project plan. A. The council shall adopt by resolution the systems development charge funds project plan. This plan: 1. Lists the capital improvements that may be funded with improvement fee revenues; and 2. Lists the estimated cost and time of construction of each improvement. B. In adopting this plan the city council may incorporate by reference all or a portion of any public facilities plan, master plan, capital improvements plan or similar plan that contains the information required by this section. The city may modify this project plan at any time through the adoption of an appropriate resolution. There may be a separate plan for each system, or the plan may include improvements from more than one system. (Ord. O (part), 1993) Collection of charge. A. The systems development charge is payable upon issuance of: 1. A building permit; 2. A development permit for development not requiring the issuance of a building permit; 3. A permit to connect to the water system; 4. A permit to connect to the sewer system; or 5. A right-of-way access permit. The resolution which sets the amount of the charge shall designate the permit or permits to which the charge applies. B. If development is commenced or connection is made to the water system, sewer system or storm sewer system without an appropriate permit, the system development charge is immediately payable upon the earliest date that a permit was required. C. The city manager or the designee shall collect the applicable system development charge from the permittee. D. The city manager or the designee shall not issue such permit or allow connection until the charge has been paid in full, unless provision for installment payments has been made pursuant to Section of this chapter, or unless an exemption is granted pursuant to Section of this chapter. (Ord. O (part), 1993) Installment payment. A. When a system development charge is due and payable, the permittee may apply for payment in twenty semiannual installments, secured by a lien on the property upon which the development is to occur or to which the utility connection is to be made, to include interest on the unpaid balance, if that payment option is required to be made available to the permittee by ORS B. The city manager or designee shall provide application forms for installment payments, which shall include a waiver of all rights to contest the validity of the lien, except for the correction of computational errors. C. A permittee requesting installment payments shall have the burden of demonstrating the permittee s authority to assent to the imposition of a lien on

45 the property and that the interest of the permittee is adequate to secure payment of the lien. D. The city manager or designee shall docket the lien in the lien docket. From that time, the city shall have a lien upon the described parcel for the amount of the system development charge, together with interest on the unpaid balance at the rate established by the council. The lien shall be enforceable in the manner provided in ORS Chapter 223, and shall be superior to all other liens pursuant to ORS (Ord. O (part), 1993) Exemptions. A. Structures and uses established and existing on or before the effective date of the resolution which sets the amount of the system development charge are exempt from the charge, except water and sewer charges, to the extent of the structure or use existing on that date and to the extent of the parcel of land as it is constituted on that date. Structures and uses affected by this subsection shall pay the water or sewer charges pursuant to the terms of this chapter upon the receipt of a permit to connect to the water or sewer system. B. Additions to single-family dwellings that do not constitute the addition of a dwelling unit, as defined by the Building Code adopted pursuant to Chapter of this code, are exempt from all portions of the system development charge. C. An alteration, addition, replacement or change in use that does not increase the parcel s or structure s use of a capital improvement are exempt from all portions of the system development charge. (Ord. O (part), 1993) Credits. A. When development occurs that replaces an existing use and is subject to a system development charge, the system development charge for the existing use, if applicable, shall be calculated and if it is less than the system development charge for the use that will result from the development, the difference between the system development charge for the existing use and the system development charge for the proposed use shall be the system development charge. If the change in the use results in the system development charge for the proposed use being less than the system development charge for the existing use, no system development charge shall be required, however, no refund or credit shall be given unless provided for by another subsection of this section. B. A credit shall be given to the permittee for the cost of a qualified public improvement upon acceptance by the city of the improvement. The credit provided for in this subsection shall be only for the improvement fee charged for the type of improvement being constructed, and credit for qualified public improvements may be granted only for the cost of that portion of such improvement that exceeds the city s minimum standard facility size or capacity needed to serve the particular development project or property. The applicant shall have the burden of demonstrating that a particular improvement qualifies for credit under this subsection. The request for credit shall be filed in writing no later than sixty days after acceptance of the improvement by the city. C. When establishing a methodology for a system development charge, the city may provide for a credit against the improvements fee, the reimbursement fee, or both, for capital improvements constructed as part of the development which reduce the development s demand upon existing capital improvements and/or the need for future capital improvements, or a credit based upon any other rationale the council finds reasonable. D. When the construction of a qualified public improvement gives rise to a credit amount greater than the improvement fee that would otherwise be levied against the project receiving development approval, the excess credit may be applied against improvement fees that accrue in subsequent phases of the original development project. Except as otherwise specifically provided by resolution of the city council, credit shall not be transferable from one development to another. E. Credits shall not be transferable from one type of system development charge to another. F. Credits shall be used within ten years from the date the credit is given, or as otherwise specifically provided for in a resolution of the city council.

46 (Ord. O (part), 2004: Ord. O (part), 1993) Notice. The city shall maintain a list of persons who have made a written request for notification prior to adoption or amendment of a methodology for any system development charge. Written notice shall be mailed to persons on the list at least ninety days prior to the first hearing to adopt or amend a system development charge, and the methodology supporting the adoption or amendment shall be available at least sixty days prior to the first hearing to adopt or amend. The failure of a person on the list to receive a notice that was mailed shall not invalidate the action of the city. The city may periodically delete names from the list, but at least thirty days prior to removing a name from the list must notify the person whose name is to be deleted that a new written request for notification is required if the person wishes to remain on the notification list. (Ord. O (part), 2004: Ord. O (part), 1993) Segregation and use of revenue. A. All funds derived from a particular type of system development charge are to be segregated by accounting practices from all other funds by the city. That portion of the system development charge calculated and collected on account of a specific facility system shall be used for no purpose other than those set forth in this chapter. B. The city manager shall provide an annual accounting, to be completed by January 1 of each year, of system development charges showing the total amount of system development charge revenues collected for each type of charge and the projects funded from each account for the previous fiscal year. The annual accounting shall include a list of the amount spent on each project funded, in whole or in part, with system development charge revenues. (Ord. O (part), 2004: Ord. O (part), 1993) Appeal procedure. A. A person aggrieved by a decision required or permitted to be made by the city manager under this chapter or a person challenging the propriety of an expenditure of system development charge revenues may appeal the decision or the expenditure to the city council by filing a written request with the city manager describing with particularity the decision of the city manager or the expenditure from which the person appeals. B. An appeal of an expenditure must be filed within two years of the date of the alleged improper expenditure. Appeals of any other decision must be filed within thirty days of the date of the decision. 1. The name and address of the appellant; 2. The nature of the expenditure or determination being appealed; 3. The reason the expenditure or determination is incorrect with sufficient specificity to allow the city to respond; and 4. What the correct expenditure or determination of should be or how the correct expenditure or determination should be derived. The appeal shall be accompanied by a fee set by resolution of the city council. Failure to file the appeal, provide a statement as provided above or file within the applicable time period is jurisdictional. Notice shall be provided to the person who filed an appeal within ten days of the date of the hearing. Notice shall include the date of the hearing, a summary of the hearing process and the right to petition for review the city council s decision pursuant to ORS to After providing notice the city council shall conduct a hearing on the appeal. A verbatim transcript shall be prepared to assure an accurate record of the proceeding. The issues on appeal will be limited to those presented in the appeal except as otherwise authorized by the city council. The person filing the appeal will be provided an opportunity to testify and present written materials to the city council. The appellant shall carry the burden of proving that the expenditure or determination being appealed is incorrect and how such expenditure or determination should be corrected.

47 C. The council shall determine whether the city manager s decision or the expenditure is in accordance with this chapter and the provisions of ORS and may affirm, modify or overrule the decisions. If the council determines that there has been an improper expenditure of system development charge revenues, the council shall direct that a sum equal to the misspent amount shall be deposited within one year of the date of that determination to the credit of the account or fund from which it was spent. The decision of the council shall be reviewed only as provided in ORS to and not otherwise. D. A legal action challenging the methodology adopted by the council pursuant to Sections and of this chapter shall not be filed later than sixty days after the adoption. A person shall contest the methodology used for calculating a system development charge only as provided in ORS to , and not otherwise. (Ord. O (part), 2004: Ord. O (part), 1993) Prohibited connection. No person may connect to the water or sewer systems of the city unless the appropriate system development charge has been paid. (Ord. O (part), 1993) Penalty. Violation of this chapter is a Class A infraction punishable by a fine as required by the city s schedule of fees and penalties as approved through resolution of the city council. (Ord. O , 1994: Ord. O (part), 1993) Construction. The rules of statutory construction contained in ORS Chapter 174 are adopted and by this reference made a part of this chapter. (Ord. O (part), 1993)

48 Chapter 3.03 REIMBURSEMENT DISTRICTS Sections: Definitions Application for a reimbursement district City engineer s report Amount to be reimbursed Public hearing City council action Reimbursement agreement Annual fee adjustment Notice of adoption of resolution Recording the resolution Contesting the reimbursement district Obligation to pay reimbursement fee Public improvements become property of the city Collection and payment Other fees and charges Definitions. The following terms are definitions for the purposes of this chapter: Applicant means a person who is required or chooses to finance some or all of the cost of a street, water or sanitary sewer or storm water improvement, which improvement is also available to serve or benefit property other than that of the applicant, and who in turn applies to the city for reimbursement of the expense of the improvement. City means the city of King City. City engineer or engineer means the person acting as city engineer (be they an employee of the city or otherwise) or such other officer, employee or agent designated by the council or city manager to perform the duties set out for the city engineer in this chapter. Person means a natural person, firm, partnership, corporation, association or any other legal entity, be it public or private and/or any agent, employee or representative thereof. Planning activities includes those activities related to the development/improvement of private or public property including design engineering, environmental or natural resource analysis, legal research, analysis and advice, advocacy related to compliance with state or METRO requirements or the development of lawful and appropriate legislative enactments/amendments to the city s land use regulations. Public improvement means (as appropriate) water, sanitary sewer, storm water, street (including bicycle lane) and/or sidewalk facilities or the undergrounding of public utilities. Reimbursement agreement means the agreement between an applicant and the city (as authorized by the city council and executed by the city manager) providing for the installation of and payment for public improvements or planning activities within a reimbursement district. Reimbursement district means the area determined by the city council to derive a benefit from the construction of public improvements or due to planning activities financed in whole or in part by an applicant. Reimbursement fee means the fee established by resolution of the city council and required to be paid by persons within a reimbursement district once they utilize an affected public improvement or planning activity. Street improvement, water improvement, sewer improvement and storm water improvement mean respectively: 1. A street or street improvement, including but not limited to streets, storm drains, curbs, gutters, sidewalks, bike paths, traffic control devices, street trees, lights and signs and public rights-of-way; 2. A water or water line improvement, including but not limited to extending a water line to property (other than property owned by the applicant) so that water service can be provided for such other property without further extension of the line; 3. A sanitary sewer or sewer line improvement, including but not limited to extending a sewer line to property (other than property owned by the applicant)

49 so that sewer service can be provided for such other property without further extension of the line; and 4. A storm water improvement, including but not limited to extending a storm water line to property (other than property owned by the applicant) so that storm water disposal for such other property can be provided without further extension of the line; conforming with standards and specifications set by the city. Utilize means to use or benefit from a public improvement or planning activities or to apply for a building or other permit which will allow for the use or increase in the use of a public improvement or to connect to a public improvement. (Ord. O (part), 2002) Application for a reimbursement district. A. Any applicant who finances some or all of the cost of a public improvement or planning activity available to serve, benefit or apply to property other than property owned by that person may, by written application filed with the city, request establishment of a reimbursement district. If the application is for a public improvement, the improvement(s) must be in a size greater than that which would otherwise ordinarily be required and be available to provide service to property other than that owned by the applicant. If the application is for a planning activity, said activity must explicitly be meant to and actually affect property other than that owned by the applicant. Examples of activities that fall within these parameters include (but are not limited to): 1. Full street improvements instead of half street improvements; 2. Off-site sidewalks; 3. Connection of street sections for continuity; 4. Extension of water lines; 5. Extension of sewer lines; and 6. Processing and preparing legislative plan and code amendments, including support work for such activities. B. All applications shall include the following: 1. A description of the location, type, size and cost of the public improvement or planning activity eligible for reimbursement; 2. A map showing the properties to be included in a proposed reimbursement district; 3. The zoning for the properties; 4. The front or square footage of said properties (or similar data appropriate for calculating the apportionment of the cost of the improvement among the properties); 5. A listing of the property(ies) owned by applicant; and 6. All applications shall be accompanied by a fee in an amount sufficient to cover the cost of administrative review and notice required by this chapter. The amount of said fee shall be established by city council resolution. C. In the event an application is submitted after the construction of the public improvement or planning activity is completed, the application shall also include information as to when the city accepted the public improvement or adopted the results of the planning activity as well as the actual cost of the improvements or planning activity as evidenced by receipts, invoices or other similar documents. Until receipt of said information, the affected application will be deemed incomplete. D. In the event the application is for a public improvement and is being submitted prior to the construction of the improvements, the application shall be accompanied by an estimate of the cost of the improvements as evidenced by bids, projections or similar data. The application shall also include the estimated date of completion of the public improvement(s). Until the receipt of said information, the affected application will be deemed incomplete. E. An application for public improvement may be submitted at any time prior to the installation of the public improvement but in no event later than one hundred eighty days after acceptance of the improvement for which reimbursement is sought, unless the city engineer, in his/her sole discretion waives this requirement. F. An application for planning activity must be submitted only after the city has adopted the results

50 thereof and in no event later than two hundred forty days after the city s final action thereon. (Ord. O (part), 2002) City engineer s report. The city engineer shall review the application and other material submitted therewith and prepare a written report for the council which will address (to the extent relevant) the following factors: A. Whether the public improvement or planning activity for which reimbursement is sought has capacity or utility sufficient to allow the employment thereof (or application to) property other than property owned by the applicant; B. The area proposed to be included in the reimbursement district; C. The actual or estimated cost of the improvements or planning activity within the area of the proposed reimbursement district and the portion thereof for which the applicant should be reimbursed; D. A methodology for allocating the cost among the parcels within the proposed district and, where appropriate, defining a unit for applying the reimbursement fee to property which may be partitioned, subdivided or otherwise modified at some future date. The methodology should include consideration of the cost of the improvement(s) or planning activity, prior contributions by property owners, the value of the unused capacity, rate-making principles associated with the financing of public improvements, and other factors deemed relevant by the city engineer; E. The amount to be charged by the city for administering the agreement, to be fixed by city council and included in the resolution approving and forming the reimbursement district. The fee is due and payable to the city at the time the reimbursement agreement is signed; F. The period of time that the right to reimbursement exists if that period is less than ten years; and G. Whether (in the case of public improvements) the street, water and sewer improvements will meet or have met city standards. The city engineer may consult with other city officials including but not limited to the city s planning official and the city attorney in preparing the report. (Ord. O (part), 2002) Amount to be reimbursed. A. The potential amount of the reimbursement for public improvements is limited to the following: 1. The costs of construction; 2. Engineering (including surveying and inspection) costs in an amount not to exceed fifteen percent of the construction costs; 3. Off-site right-of-way purchase costs, limited to the reasonable market value of land or easements purchased by the applicant from third parties to complete off-site improvements; 4. Financing costs associated with the improvement to the extent the financing costs are not attributable to the applicant s property or project; and 5. Legal and other expenses incurred by the applicant to the extent said expenses relate to the preparation and filing of the application, the preparation of the report required by Section and the hearing process set out in Sections and of this chapter. B. Regardless of amount or category, costs reimbursable or eligible for traffic impact fee credits or systems development charge credits which cannot be clearly documented or which are attributable by the city engineer to the applicant s property or project are not reimbursable. C. By submitting an application that seeks reimbursement of legal expenses, the applicant thereby waives any attorney/client or attorney work product privilege that may exist in attorney billing statements or records in support thereof. D. A reimbursement fee shall be determined for all properties which fall within the proposed reimbursement district, including applicant s; however, the applicant shall not be reimbursed for that portion of the fee representing any benefit to the applicant s property from either the public improvements or the planning activity. E. The applicant shall not be reimbursed for the portion of the reimbursement fee computed for property owned by the city or other governmental body. (Ord. O (part), 2002)

51 Public hearing. A. Within a reasonable time after the city engineer has completed the report required in Section of this chapter, the city council shall hold an informational public hearing in which persons impacted by the creation of the reimbursement district shall be given the opportunity to comment thereon. B. Notice of the hearing shall be given not less than ten or more than thirty days prior to the public hearing date. Notice shall be given to the applicant and all owners of property within the proposed district, with notification by certified mail (return receipt requested) or by personal service. Notice shall be deemed complete as of the date notice is mailed or served; failure to receive actual notice of the hearing shall not invalidate or otherwise affect any action of the city relative to the creation of the reimbursement district and/or the costs associated therewith. C. Formation of a district does not result in an assessment or lien against property; as a result, the hearing is informational only and the district is not subject to termination as a result of remonstrances to the formation thereof. The city council has the sole discretion, after the public hearing, to decide whether the district is to be formed or not. If a district is to be formed, a resolution approving and forming the reimbursement district shall be adopted. D. If a reimbursement district is formed prior to construction of the improvement(s), a second public hearing shall be held after the improvement has been accepted by the city when the council may modify the resolution to reflect the appropriate cost of the improvement(s). (Ord. O (part), 2002) City council action. At the conclusion of the hearing, the city council shall approve, reject or modify the recommendations contained in the city engineer s report and manifest its action in a resolution. If a reimbursement district is established, the resolution shall include a copy of the city engineer s report as approved or modified and specify that payment of the appropriate fee as determined by the council for each parcel is a precondition to receipt of any city permit necessary for development of that parcel. If a reimbursement district is established it shall be deemed formed as of the date the council adopts the resolution referred to in Section of this chapter. (Ord. O (part), 2002) Reimbursement agreement. If the council approves the city engineer s report and thereafter creates a district, the city manager shall cause the creation of an agreement between the applicant and city containing (at a minimum and where appropriate) provisions relating to the following: A. That in the event the district is for public improvements, those improvements will or do meet all applicable city standards; B. The amount of the potential reimbursement the applicant can expect along with a caveat that the total amount of any reimbursement will not exceed the actual cost of the public improvement(s); C. The annual fee adjustment, if any; D. That the applicant will guarantee the quality of the public improvement(s) for a period of not less than twenty-four months after the date of their installation; E. That the applicant will defend, indemnify and hold the city harmless from any and all losses, claims, damage, judgments or other costs or expense arising as a result of or related to the city s establishment of the district; and F. That the applicant acknowledges the city is not obligated to collect the reimbursement fee from affected property owners. The city may include other provisions as the city council determines necessary to ensure compliance with this chapter. (Ord. O (part), 2002) Annual fee adjustment. The city council may, in its discretion, grant an annual adjustment to the amounts established as the reimbursement fee at the time of the hearing on the engineer s report. In the event such an adjustment is deemed appropriate, it shall be applicable to the fee beginning on the first anniversary of the date of the council s approval of the application, be fixed and computed against the reimbursement fee as simple

52 interest, and remain the same for each year the district exists. (Ord. O (part), 2002) Notice of adoption of resolution. The city shall notify all property owners within the district (as well as the applicant) of the adoption of the resolution manifesting creation of the district. The notice shall include a copy of the resolution, the date of its adoption and a short explanation of when the property owner would be obligated to pay the reimbursement fee, the amount thereof, as well as any additional information the council deems necessary. (Ord. O (part), 2002) Recording the resolution. The city recorder shall cause notice of the formation and nature of the reimbursement district to be filed in the office of the Washington County recorder in order to provide notice to potential purchasers of property within the district of its existence. Failure to make such recording shall affect neither the legality of the resolution nor the obligation to pay any fee. (Ord. O (part), 2002) Contesting the reimbursement district. Any legal action intended to contest the formation of the reimbursement district or fee must be filed, if at all, within sixty days of the council s hearing on the application consistent with the terms of ORS to (writ of review). (Ord. O (part), 2002) Obligation to pay reimbursement fee. A. A person applying for a permit related to property within a reimbursement district shall pay to the city, in addition to all other applicable fees and charges, the reimbursement fee established by the city council under the terms of this chapter if, within the time specified in the resolution establishing the district, the person applies for and receives approval from the city for any of the following activities: 1. A building permit for a new building or a permit for an addition, modification, repair or alteration to an existing building exceeding twenty-five percent of the value thereof within any twelve-month period (not due to damage or destruction of the building by fire or natural disaster). Value as used above means the amount shown on the county s department of assessment and taxation for the building s real market value; 2. Any alteration, modification or change in the use of real property, which increases the number of parking spaces required under this code in effect at the time of permit application; 3. Connection to or use of a water, sanitary sewer, storm water or street improvement, if the district is based on that improvement. B. The obligation to pay the reimbursement fee arises and accrues as of the time property within the district utilizes the affected public improvement or becomes subject to the results of the planning activity regardless of whether a person applies for and/or receives a permit connected with that utilization. C. The city council s determination of which properties shall be liable for payment of the fee is final. Neither the city nor any officer or employee of the city shall be liable for payment of any reimbursement fee or portion thereof as a result of this determination. D. A permit applicant whose property is subject to payment of a reimbursement fee receives a benefit from the construction of street improvements, regardless of whether access is taken or provided directly onto such street at any time. Nothing in this chapter is intended to modify or limit the authority of the city to provide or require access management. E. No person shall be required to pay the reimbursement fee on an application or upon property for which the reimbursement fee has been previously paid, unless such payment was for a different type of public improvement. F. The right to reimbursement shall not extend beyond ten years from the district s formation date, subject to renewal at the option of the council for one additional ten-year period for public improvements. (Ord. O (part), 2002)

53 Public improvements become property of the city. Public improvements installed pursuant to reimbursement district agreements shall become and remain the sole property of the city. More than one public improvement may be the subject of a reimbursement district. (Ord. O (part), 2002) Collection and payment Other fees and charges. A. Applicants shall receive all reimbursement monies collected by the city for the public improvements they install or the planning activity they undertake. Such reimbursement shall be delivered to the developer for as long as the reimbursement district agreement is in effect. Such payments shall be made by the city within ninety days of receipt of the reimbursements monies. B. The reimbursement fee is not intended to replace or limit any other existing fees or charges collected by the city. (Ord. O (part), 2002)

54 Chapter 3.04 LOCAL IMPROVEMENT DISTRICTS Sections: Definitions Initiation of proceedings Written report Content Notice of hearing Filing of remonstrance to formation of improvement district Defeat of proposal by remonstrance Public testimony Hearing Objections Authorization to form district and construct project District boundary modification Method of assessment Authority of city to pay all or part of costs City engineer s assessment report Proposed assessment and notice Hearing on proposed assessments Levy of assessments Deferral of payment for senior citizens Alternative methods of financing Appeals Recordation of liens and collection of assessments Authority to abandon proceedings Validity of assessments Adoption of Bancroft Bonding Act Interest rates Segregation of assessments Fees Errors in assessment calculations Rebates Reassessment Definitions. Unless the context requires otherwise: Local improvement means: 1. The grading, graveling, paving or other surfacing of any street, or opening, laying out, widening, extending, altering, changing the grade of or constructing any street; 2. The construction or reconstruction of sidewalks; 3. The installation of street lights; 4. The construction, reconstruction or repair of any sanitary or storm sewer, or water main; 5. The construction, reconstruction, installation and equipping of a park, playground or city recreation facility; 6. Any other local improvement for which an assessment may be made on the property specially benefited. Local improvement district or LID means the area determined to be specially benefited by a local improvement within which properties are assessed to pay for the cost of the local improvement. Lot means lot, block or parcel of land. Owner means the owner of the title to real property or the contract purchaser of real property, of record as shown on the last available complete assessment roll in the office of the county assessor. Recorder means the city recorder for the city of King City. Remonstrance means a formal written objection to formation of an LID filed by an owner of property within the proposed LID pursuant to Section (A) of this chapter that can, in conjunction with other formal written objections from two-thirds or more of the affected property owners, delay formation of an LID. Non-remonstrance agreement is a written agreement executed by a property owner or a property owner s predecessor in title that waives the right of a property owner to file a remonstrance and thereby potentially delay the formation of an LID. Such agreements are typically entered into as a condition of development that impacts or connects to a substandard public facility in lieu of requiring imme-

55 diate improvement of the substandard facility. (Ord. O (part), 2001) Initiation of proceedings. A. Whenever the city council deems it expedient to perform any local improvement for which it is anticipated that special assessments will be levied, it shall, by resolution, declare its intention to initiate such improvement and direct that an engineering study of such project be made and that a written project report containing the information specified in Section of this chapter be filed with the recorder. B. Whenever the city has expended funds for the construction of any local improvement and subsequently the city council deems it expedient to initiate a local improvement district in order to levy special assessments against the property benefited by such local improvement, it shall, by resolution, declare its intention to initiate such improvement district and direct that the final plans of this public improvement as constructed, together with a written project report containing the information specified in Section of this chapter be filed with the recorder. C. Whenever the owners of fifty-one percent of the abutting property owners propose a local improvement over an area at least one hundred yards in length or serving an area of at least one hundred square yards and desire to form themselves into an improvement district for the purpose of accomplishing such improvement they may, by written petition filed with the city recorder, request the council to declare by resolution the intent of the council to initiate such improvement and to direct the preparation of the study as specified in subsection A of this section. The council, if satisfied that the petition is signed by owners of at least fifty-one percent of the property owned within the proposed district specified in the petition, shall pass the requested resolution unless, by a vote of at least two-thirds of the councilors present, the council deems it not in the public interest to comply with the petition. (Ord. O (part), 2001) Written report Content. The written project report specified in Section of this chapter shall contain the following information: A. A full description of the project and its boundaries. Project plans and specifications shall be prepared but need not be filed with the report; B. An estimate of the probable cost of such project (or a statement of the actual cost if the project has been completed) including legal, administrative, construction interest, and engineering costs attributable thereto. C. A map of the proposed local improvement district. D. A recommended method of assessment. E. A description of each lot, or portion thereof, specially benefited by the project with the name and address of the owner thereof, as shown by the last assessment roll of the county. F. The assessed valuation and estimated amount of assessment of each lot or portion thereof specially benefited, together with any unpaid assessments against each lot. G. The construction financing interest rate then currently in effect and the number of the resolution establishing that rate. (Ord. O (part), 2001) Notice of hearing. Promptly after the filing of the written project report as required by Section of this chapter, the recorder shall: A. Cause a notice to be published for a period of two successive publications in a newspaper of general circulation in the city. The notice shall state the following: 1. That the written project report is on file and may be examined at the recorder s office; 2. The date the written project report was filed; 3. The estimated probable cost of the proposed improvement or the actual cost of the improvement if it has been completed; 4. A description of the proposed improvement district and that a preliminary map of the proposed district may be examined at city hall;

56 5. The time and place of the hearing required by Section of this chapter including a statement that written and oral testimony submitted by any person will be considered at such hearing, but shall not be counted as part of the formal written remonstrance requirement necessary to suspend the project for six months pursuant to Section (A) of this chapter. 6. That all property owners wishing to formally remonstrate against the formation of the district must present their remonstrance in writing in the time and manner set forth in Section (A) of this chapter for them to be considered remonstrances for the purpose of Section (A) of this chapter. B. Not less than ten days prior to the hearing required by Section of this chapter, mail to each property owner designated in the written engineering report a notice stating: 1. The information set forth in subsection A of this section; 2. The recommended method of assessment; 3. The estimated amount of assessment for each lot or portion thereof owned by the owner and whether the assessments are being levied prior to construction based upon estimates of project cost or after construction based upon known costs; 4. The construction financing interest rate currently in effect and the number of the resolution establishing that rate; 5. The specific procedure for filing remonstrances provided by Section of this chapter. C. Post a copy of the preliminary map of the proposed improvement district at city hall. (Ord. O (part), 2001) Filing of remonstrance to formation of improvement district Defeat of proposal by remonstrance Public testimony. A. Remonstrances filed by property owners within the proposed district to the formation of the proposed improvement district must be in writing, and filed with the recorder not later than five p.m. on the day of the hearing set forth in Section of this chapter. Except as provided by Section 32 of the King City Charter, any proposal to levy and collect any special assessment under this chapter shall be suspended for six months upon written remonstrance by the owners of two-thirds of the property to be assessed. The written remonstrance of a property owner who has signed or is subject to a valid nonremonstrance agreement shall not be counted for the purposes of determining whether the project must be suspended pursuant to this subsection. B. The council may proceed with formation of an LID notwithstanding two-thirds remonstrance if: 1. The proposed improvement is a sidewalk; or 2. The council declares by unanimous vote of the members present and eligible to vote that an improvement is needed at once because of an emergency. For the purposes of this section, an emergency is an immediate hazard to the health, safety or welfare of the citizens of the city demonstrated by substantial evidence in the record. C. Oral and written testimony shall be considered at the hearing provided in Section of this chapter. However, such testimony shall not be counted for the purpose of suspending the project as provided in subsection A of this section. Any person, including a property owner within the proposed district who has signed or is subject to a nonremonstrance agreement, may appear and be heard in favor, in opposition or otherwise regarding the proposed improvement district. (Ord. O (part), 2001) Hearing Objections Authorization to form district and construct project. A. After the filing of the written engineering report, but not less than fifteen days after the date of the first publication of notice pursuant to Section (A) of this chapter, the council shall hold a hearing to consider any objections to the proposed improvement district and authorize the formation of the district and initiation of the project if it is so desired. B. After considering any written remonstrances filed and any testimony relating to the proposed district, the city may, by resolution adopt, amend and

57 adopt, or reject the written project report. The council may require a supplementary or further report from the city engineer. If the council chooses to adopt, or amend and adopt the report, the resolution setting forth that determination shall at a minimum: 1. Form the local improvement district, assign it a number and establish its boundaries, subject to later change pursuant to the provisions of this chapter; 2. Determine the time and manner of construction. The council may provide that the city will do the work or any portion of the work itself; 3. Direct that the project be commenced; 4. Establish a special account for the receipt and disbursal of monies relating to the project; 5. Establish the method of assessment, subject to change pursuant to the provisions of this chapter; 6. Place a pending lien upon the benefited property specified in the written project report as adopted. The pending lien shall be recorded in the same manner as the final assessment lien provided in Section of this chapter; 7. Establish the construction financing interest rate applicable to the district. (Ord. O (part), 2001) District boundary modification. A. At any time the council may determine that the boundaries of a district which has been formed should be modified to include new property benefited by the improvement or excluded property determined not to be benefited. B. The council shall accomplish boundary modifications by amending the resolution which formed the district. C. Prior to adoption of the amending resolution the council shall hold a hearing on the boundary modification. Notice of the hearing shall be given as provided by Section of this chapter. D. The right of property owners to remonstrate against the proposed modification is the same as defined in Section of this chapter for the formation of a district. (Ord. O (part), 2001) Method of assessment Authority of city to pay all or part of costs. The council may: A. Use any just and reasonable method of determining the extent of any improvement district that is consistent with the benefits derived; B. Authorize payment by the city of all or any part of the cost of such improvement; provided, that the method selected creates a reasonable relation between the benefits derived by the property specially benefited and the benefits derived by the city as a whole; C. Use any method of apportioning the sum to be assessed among the properties determined to be specially benefited that is just and reasonable; D. At any time prior to the effective date of the ordinance levying the assessments for any district, modify the method adopted in the resolution forming the district if the council determines that a different method is a more just and reasonable method of apportioning the cost of the project to the properties benefited. The time limitation established by this subsection does not apply to reassessment proceedings pursuant to Section of this chapter and the method of assessment may be modified as a part of such proceedings. (Ord. O (part), 2001) City engineer s assessment report Proposed assessment and notice. A. As soon as the total cost of the project is ascertained, or if the district is to be preassessed, as soon as the estimated cost of the project is ascertained, the city engineer shall prepare an assessment report on the project, including a recommendation concerning the fair apportionment to the properties specially benefited within the assessment district of the total actual or estimated cost, including legal, administrative, construction interest and engineering costs attributable to the project and a recommendation concerning the Bancroft installment financing rate applicable to the project. B. A map of the assessment district showing the proposed assessments of each lot or portion of land therein shall be posted in the city hall and a notice

58 published in a newspaper of general circulation within the city for two successive weeks stating that the proposed assessments are on file at the city hall and requiring all persons having objections to the proposed assessments to present their objections at a public hearing which shall be held not less than fifteen days after first publication of such notice. C. It shall be the duty of the recorder to send by mail postpaid to each of those designated in the report of the city engineer a notice which sets forth that the map showing the proposed assessments is on file in the city hall, the amount of the proposed assessment on a lot or portion of a lot owned by such persons, the recommended Bancroft installment financing rate and requiring objections to the proposed assessments to be presented to the city council at the time specified in the published notice. The notices which are required to be mailed shall be placed in the mail not less than ten days prior to the date set for the public hearing specified in subsection B of this section to hear objections to the proposed assessments. (Ord. O (part), 2001) Hearing on proposed assessments Levy of assessments. A. When the council, after hearing the objections to the proposed assessments, has ascertained what it deems to be a fair, just and proper assessment of benefits to the property it determines to be specially benefited, it may pass an ordinance specifying in detail such assessments and setting the Bancroft installment financing rate applicable to the district. B. If the council at such hearing deems it just and proper to increase the amount of any proposed assessment it shall fix a time for a further hearing on such increase. The recorder shall send notice by mail to each owner shown on the city engineer s final report, stating the purpose of the further hearing and giving the date of the hearing. C. After such further hearing, the council may pass an ordinance assessing such increase, and if at the time of such further hearing, the ordinance specifying in detail the final assessments has not yet been passed, the council at that time shall pass such an ordinance levying the final assessments and setting the financing interest rate. D. Promptly after passage of the ordinance levying the final assessments, the city recorder shall cause to be published in a newspaper of general circulation within the city, a notice that such ordinance has been passed, and that application for bonding the assessments will be received for thirty days after the effective date of the ordinance. (Ord. O (part), 2001) Deferral of payment for senior citizens. Senior citizens may apply for deferral of payment of special assessments for improvements as provided by ORS through (Ord. O (part), 2001) Alternative methods of financing. When, in the opinion of the council, on account of topographical or physical layout, unusual or excessive public travel, or other character of work involved, or when the council otherwise believes the situation warrants it, it may contribute what it deems a fair proportion of the cost of such improvement from general funds of the city, and the amount to be assessed to the property benefited shall be proportionately reduced. Nothing contained in this chapter shall preclude the council from using other available means of financing improvements, including federal or state grants-in-aid, sewer service or other types of service charges, revenue bonds, general obligation bonds or other legal means of finance. In the event any of such other means of financing are used, the council may, in its discretion, levy special assessments pursuant to this chapter to cover any part of the costs of the improvement not covered by such means. (Ord. O (part), 2001) Appeals. Owners of any property against which an assessment or reassessment for local improvements has been imposed may seek a review thereof under the provisions of ORS to (Ord. O (part), 2001)

59 Recordation of liens and collection of assessments. The council, at the time of passing the ordinance levying the final assessment or at any time thereafter, shall by resolution or ordinance direct the city recorder to record the respective amounts assessed upon each particular tract or parcel of land with the names of the record owners thereof in the Washington County recording office. Upon such recording, the amounts so entered shall be immediately due and payable and shall be a lien and charge upon the respective lots, tracts and parcels of land against which the same are placed. The Bancroft installment financing interest rate applicable to the district shall be charged on all amounts not paid within thirty days from the date of such entry. After thirty days from the date of entry in the lien docket, the city may proceed to foreclose as delinquent any lien which is unpaid or for which arrangements for payment have not been made. The delinquent assessment payment interest rate shall be charged to such sums due. Foreclosure may be in any manner authorized by state statutes for the foreclosure of assessment liens. (Ord. O (part), 2001) Authority to abandon proceedings. The city council shall have full power and authority to abandon and rescind proceedings for projects pursuant to this chapter at any time prior to the final consummation of such proceedings. (Ord. O (part), 2001) Validity of assessments. No assessment made pursuant to this chapter shall be invalid by reason of a failure to give, in any report, in the proposed assessment, in the ordinance making the assessment, in the lien docket or elsewhere in the proceedings, the name of the owner of any lot, tract or parcel of land or the name of any person having a lien upon or interest therein, or by a mistake in the name of any such person, or the entry of a name other than the name of such owner or other person having a lien upon or interest therein, or by a mistake in the name of any such person or the entry of a name other than the name of such owner or other person having a lien upon or interest in such property, or by reason of any error, mistake, delay, omission, irregularity or other act, jurisdictional or otherwise, in any of the proceedings or steps herein before specified, unless it appears that reasonable notice has not been given of the hearing upon the proposed assessment or that the assessment as made, insofar as it affects the person complaining, is unfair and unjust, and the council shall have power and authority to remedy and correct all such matters by suitable action and proceedings. (Ord. O (part), 2001) Adoption of Bancroft Bonding Act. Except for matters modified in this chapter, the provisions of ORS to , which are known as the Bancroft Bonding Act, are hereby adopted and made a part hereof by reference. (Ord. O (part), 2001) Interest rates. A. Interest on funds expended by the city in connection with the construction or financing of a local improvement shall be charged. There is established for the purpose of computing interest the following distinct interest rate classifications: 1. Construction Financing. Interest charged for construction financing begins the date the first funds are expended in connection with a project and ends on the sixtieth day after acceptance of the project by city. 2. Bancroft Installment Financing. Interest charged to property owners choosing to pay the assessment in installments under the Bancroft Bonding Act procedures whose accounts are kept current. 3. Delinquent Assessment Payment. Interest charged to property owners choosing to pay the assessment in installments under Bancroft bonding procedures who fail to pay two consecutive installment payments. This interest rate will be assessed beginning the day after the due date of the second installment payment. The interest due will be computed at this delinquent rate on the entire principal balance and this rate will continue to be charged until all outstanding billings are paid in full. This interest

60 rate is also charged to those property owners not choosing to pay in installments that have not paid pursuant to Section of this chapter. For such accounts the rate begins on the thirty-first day after entry of the assessment in the lien docket and is computed from the original date of entry in the lien docket. 4. System Development Charge Financing. Interest charged to persons financing a system development charge through the Bancroft Bonding Act procedures pursuant to Section of this chapter. B. The council shall, by resolution, establish the interest rate applicable to each classification identified in subsection A of this section. Such interest rate shall not exceed the maximum allowed by any applicable law. In the event that the rate established is found to exceed such legal maximum then that maximum shall be used as the applicable rate until the resolution establishing rates is revised. (Ord. O (part), 2001) Segregation of assessments Fees. Whenever an application has been made under the provisions of Section of this chapter (and the Bancroft Bonding Act as therein adopted), and the application has been accepted and the payment of the assessment has been in fact financed by such procedure, the lien of such assessment may be segregated upon the following terms and conditions: A. The property for which the segregation is to be made shall have been assessed as a unit and entered accordingly in the docket of liens. B. There shall be no delinquent installments of principal or interest on the assessment of the entire parcel. C. Written application shall be made to the city in such form as may be required, and such applications shall be accompanied by the fees established as hereafter provided. D. If the city recorder determines that the lien may be segregated and divided without prejudice to the overall security of the entire balance owed, he/she will establish an equitable division of the assessment based upon the original assessment formula and the preservation of the security interest. Such segregation shall describe the various parcels of the entire tract and the amount of the assessment to be apportioned to each parcel. He may require that the portion of the assessment segregated and apportioned to a particular parcel be paid in full before the remaining parcels shall be relieved of liability for payment of that portion of the lien. E. If the application is approved and the fees paid, including compliance with any conditions of payment, the city recorder shall record the liens segregating the total assessment with the Washington County recording office. When such liens are recorded, the lien shall thereby be segregated and divided, and shall constitute a lien only in the amounts and as to the parcels thereby provided. In order to help defray the costs of investigation, preparing legal descriptions, calculating an equitable division of the assessment and recording, the city council may by resolution establish and from time to time amend a schedule of fees to be paid with any application filed under this section. Such fees shall not be refundable if the application is disapproved or the applicant withdraws his application. (Ord. O (part), 2001) Errors in assessment calculations. An owner subject to an assessment may file a written statement with the city recorder identifying any alleged error in the assessment calculation. The city recorder shall determine whether an error has occurred and shall recommend to the city council an amendment to the assessment ordinance to correct the error. Upon enactment of the amendment, the recorder shall file a notice of correction with the Washington County records office. (Ord. O (part), 2001) Rebates. If, upon the completion of the improvement project, it is found that the assessment pre-pay the costs of the improvement, then the council must ascertain and declare the excess by ordinance. When declared, the excess amounts must be recorded as provided in Section of this chapter as a credit upon the

61 appropriate assessment. If an assessment has been paid, the person who paid it or his legal representative shall be entitled to the repayment of the rebate credit, or the portion which exceeds the amount unpaid on the original assessment. (Ord. O (part), 2001) Reassessment. Whenever all or part of an assessment or reassessment for any local improvement is declared void or set aside for any reason, or its enforcement refused by any court, whether directly or by any decision of such court; whenever the council shall be in doubt as to the validity of such assessment or reassessment, or if a district was preassessed and the council determines the assessments should be adjusted, the council may make a new assessment. The reassessment procedures for making the new assessment shall insofar as possible follow the same procedures as provided for in making an initial assessment as set forth in Sections through of this chapter. The new assessment shall not be limited to the amounts included in the original assessments, nor shall it be limited to the property embraced in the original assessment if the council finds that additional property is specially benefited and subject to assessment. Credit shall be allowed on the new assessment for any payments made on the original assessment, such payments to be credited as of the date of payment. Interest on the original assessments may be included in the new assessment to the extent that the new assessment includes amounts also included in the original assessment; or if the council deems it more equitable to do so, it may include as part of the overall assessable project costs interest, not exceeding the construction financing interest rate in effect and applicable to the district at the time of the original proceedings in connection with the district, on monies paid by the city in connection with the construction or financing of the project. (Ord. O (part), 2001) Chapter 3.05 PUBLIC UTILITY FEE Sections: Definitions Utility user fee imposed Separate charge Rate and rate changes Uses of revenue Definitions. As used in this chapter, unless the context requires a different meaning, the following terms shall be defined as follows: City shall mean the city of King City, Oregon. Utility user fee means an excise fee placed on water customers served by the Tigard Water District living within the boundaries of the city which charge is calculated or measured by water usage. (Ord. O (part), 2003) Utility user fee imposed Separate charge. A. There is hereby imposed on all water customers of the Tigard Water District who are located within the city, an excise charge known as the utility user fee. The utility user fee shall be at a uniform rate on all Tigard Water District accounts and the amount charged shall be based on the metered water volume usage at each account. B. The fee shall be included with the monthly water bill as a separate and distinct charge and denominated as a utility user fee on the bill. It shall be due and payable at the same time as monthly water charges are to be paid. (Ord. O (part), 2003) Rate and rate changes. The initial rate for the utility user fee shall be one dollar and forty-two cents per one hundred cubic feet (CCF). The rate may be adjusted by the council from time to time by way of a separate resolution. (Ord. O (part), 2003)

62 Uses of revenue. The monies generated by the fee will be available to the city to use for any and all purposes deemed by the council as appropriate. (Ord. O (part), 2003)

63 Title 4 (RESERVED)

64 Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS Chapters: 5.04 Business Tax Registration 5.05 Liquor License Review 5.08 Solicitors and Canvassers 5.12 Telecommunications Facilities 5.16 Alarm Systems 5.20 Business License Tax on Motor Vehicle Fuel Dealers

65 Chapter 5.04 BUSINESS TAX REGISTRATION Sections: Purpose Definitions Registration required Issuance of business tax receipt Procedures and display of tax receipt Temporary businesses Exemptions Fee schedule Rate review and adjustment Police access Records for emergency services Enforcement Violation Penalty Purpose. The purpose of this chapter is to provide for the health, safety, welfare and security of the citizens of the city through regulation of businesses, occupations and trades. Any revenue derived shall be used to offset city operational costs. Business tax registration provides an important source of consumer information to protect citizens against illegal or unscrupulous business operations. In addition, a business tax program provides an avenue in which information can be provided to the business community to meet local and state mandates. Fees provide revenues to the city for several municipal purposes and to recoup the necessary expenses required to undertake the activities of the city in administration and enforcement of this chapter. This chapter shall not be construed to certify any services performed or constitute a regulation of any business activity or as a permit of the city to persons engaged therein to undertake unlawful, illegal or prohibited acts. Nothing in this chapter shall be construed to apply to any person transacting or carrying on any business within the city which is exempt from taxation by the city by virtue of the Constitution of the United States, or the Constitution of the state, or applicable statutes of the United States or the state. (Ord. O , 1990) Definitions. For the purpose of this chapter, certain words, terms and phrases are defined as follows: Applicant means an agent or owner of a named business. Apartment house means a building, portion of a building, or a group of buildings on a parcel of land within the city containing three or more dwelling units that are rented, leased, let or made available for compensation for sleeping or living purposes. Apartment house includes a hotel or motel, mobile home park or trailer park, and automobile or tourist court. In the case of mobile home trailer parks, dwelling unit means space or stall. Business means any profession, trade, occupation, shop or other type of calling, conducted for private profit or benefit, either directly or indirectly wherein a charge is made for goods, materials or services, on any premises in the city. Business tax registration means a payment imposed by this chapter upon businesses within the city limits of the city for the registration of businesses. The business tax year shall commence July 1st each year and terminate June 30th of the following year. City means the city of King City. City council means the council of the city. A person engages in business within the meaning of this chapter, when selling or offering for sale any goods, merchandise or services, or performing any services for profit within the city limits. Home office means when a dwelling unit is used for a profit business conducted by the tenants of the dwelling unit generating no traffic to the site for business purposes and displaying no outward appearance that a business is conducted within. Itinerant business means all persons, firms or corporations, including merchants, solicitors and agents engaging in business in the city to sell or solicit for sale products or services, when such persons, firms or corporations do not maintain a permanent place of business within the city or who are not engaging in temporary business as defined in this section.

66 Person means and includes individual natural persons, partnerships, joint ventures, societies, associations, clubs, or corporations or any officers, agents, employees, factors of any kind or personal representatives thereof in any capacity either in that person s own behalf or for any other person under either personal appointment or pursuant to law. Permanent business means professions, trades, occupations, shops and all and every kind of calling carried on for profit and livelihood at a fixed or permanent established place of business maintained within the city. Premises means and includes all lands, structures, places and also the equipment and appurtenances connected or used herewith in any business, and also any personal property which is affixed to or is otherwise used in connection with any such business conducted on such premises. Temporary business means any business that has a valid temporary use permit issued by the city manager under the provisions of the zoning title to establish a temporary business on commercially zoned property. Temporary use shall not include businesses based outside of the city which enter the city to deliver services to individual residences or businesses. (Ord. O , 1990) Registration required. A. It is unlawful for any person(s), either directly or indirectly, to engage in any business (including itinerant and temporary) within the city without having first registered their business, as provided by this chapter. All businesses are required to pay the business tax registration fee except those businesses exempt by Section (E) and (I). B. For the purpose of this chapter, any persons shall be deemed to be engaged in business and thus subject to the requirements of this chapter when undertaking one of the following acts: 1. Selling any goods or service; 2. Acquiring or using any vehicle or any premises associated with a business as defined by this chapter located in the community for business purposes. C. The agent, or agents, or other representatives of a nonresident proprietor engaged in any business in the city shall be liable for any failure to comply with the provisions of this chapter, or for any penalty assessed under this chapter, to the extent and with like effect, as if such agent, or agents were themselves the proprietors or owners of the business. D. A holder of a business tax registration shall not be required to obtain a solicitor s permit within that year for which the holder has paid for a business tax registration under this chapter. (Ord. O (part), 1991; Ord. O , 1990) Issuance of business tax receipt. A. The city shall collect all taxes and shall issue receipts under the provisions of this chapter. The city shall promulgate and enforce rules and regulations necessary for the operation and enforcement of this chapter. Such rules shall be available to the public upon request. B. Each application for business tax receipts filed with the city shall state: 1. The name of the proposed business; 2. A description of the trade, shop, business, profession, occupation, or calling to be carried on; 3. The applicant s name identifying the applicant as either the owner or agent as appropriate; 4. The telephone number of the applicant; 5. The address at which the business will be conducted or the address of its city office; 6. Name and phone number of person(s) to contact in case of an emergency; 7. The zoning designation of the address of the city location; 8. The signature of the applicant or agent making the application; 9. The date of the application. (Ord. O , 1990) Procedures and display of tax receipt. A. Procedure for Obtaining Receipt. 1. All business tax receipts shall be issued upon written application and receipt of the applicable tax by the city;

67 2. The business tax application shall be completely filled out before the tax certificate is issued. B. Displaying a Receipt. Upon payment of the business tax, a person shall be issued a receipt by the city, which receipt shall be kept posted in a conspicuous place on the business premises at all times. If there is no physical structure on which to display the receipt, the receipt shall be in the possession of the representative of the business within the city at all times during which business is being transacted. (Ord. O , 1990) Temporary businesses. A. A temporary business as defined in Section of this chapter must comply with all regulations in this chapter. B. The business tax fee for a temporary business shall be as required by the city s schedule of fees and penalties as approved through resolution of the city council. A business tax certificate for a temporary business shall be valid until the period identified in the initial temporary use permit expires. Any extension or renewal of a temporary use permit shall require an additional business tax payment. (Ord. O , 1994; 1 Ord. O , 1990) Exemptions. For the purpose of this chapter, certain activities are exempt from payment of a business tax registration as follows: A. Nothing in this chapter shall be construed to apply to any person transacting and carrying on business within the city which is exempt from taxation or regulation by the city by virtue of the Constitution of the United States or the state; B. No person whose income is based solely on a wage or salary shall, for the purpose of this chapter, be deemed a person transacting or carrying on any business in the city, and it is the intention that all business taxes will be borne by the employer; C. Any business having a franchise under the city ordinances or resolutions now existing; D. No tax shall be required for any person for any delivery in the city of any property purchased or acquired from such person at the regular place of business outside the city; E. Any person sixteen years or younger who operates a business on a part-time basis, which business has an annual gross income of less than five hundred dollars; F. Non-profit organizations; G. In-home businesses operated by artisans involved in handicraft sales and production of artwork, when the artisan resides in the community and does not operate the business out of a commercial location; H. Garage sales operated from a residential property within the city by the property residents; I. Temporary businesses which locate in the city as participants in a one-day event sponsored by a non-profit organization. J. Any business having a current valid metro business license. (Ord. O-00-06, 2000; Ord. O , 1991; Ord. O , 1990) Fee schedule. A. The taxes required in this chapter shall be paid as required by the city s schedule of fees and penalties as approved through resolution of the city council prior to the issuance of a receipt. A business tax receipt will be valid from the date of payment through June thirtieth of that fiscal year. B. The initial payment of an annual business tax can be made at any time. Thereafter, the annual tax shall be due in full on July first of that year. C. There will be no prorating of tax for any business. D. There will be no business tax refund for businesses which cease operation or who move out of the city during the tax year. (Ord. O , 1994; Ord. O , 1990) Rate review and adjustment. Adjustments in the administration and enforcement portion of this chapter may be made by the city council to be effective on the next July first. (Ord. O , 1990)

68 Police access Records for emergency services. A. The content of each business tax file shall be made available to the chief of police. B. The police department shall maintain records of each business in order that emergency services may be made available to the business. C. Businesses shall make the premises available to the police department for inspection purposes so that records related to subsection B of this section may be obtained and updated. Availability of premises shall be made at the request of the police department, so long as the request is for access at a reasonable time. (Ord. O , 1990) Enforcement. The city is authorized to conduct inspections to ensure the administration and enforcement of this chapter. The city manager shall be responsible for the enforcement of this chapter. (Ord. O , 1990) Violation Penalty. A. Violation of this chapter shall constitute a civil infraction. A fine as required by the city s schedule of fees and penalties as approved through resolution of the city council shall be charged for each infraction. B. Each violation of a separate provision of this chapter shall constitute a separate infraction, and each day that a violation of this chapter is committed or permitted to continue shall constitute a separate infraction. C. A finding that a person has committed an infraction in violation of this chapter shall not act to relieve the person from payment of any unpaid business tax regulation, including delinquent charges for which the person is liable. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the city. D. Payment of the business tax after the complaint and summons is served is not a defense. E. If a provision of this chapter is violated by a firm or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this chapter. (Ord. O , 1994; Ord. O , 1990) Chapter 5.05 LIQUOR LICENSE REVIEW Sections: Purpose Scope of provisions Definitions License application City manager s duties Hearing procedure Applicant notice Public notice Standards and criteria Purpose. The purpose of this chapter is to provide review criteria and administrative procedures for the review of liquor licenses. The city council is required by ORS (3) to make a recommendation to the Oregon Liquor Control Commission concerning the granting, denying, modifying or renewing of all liquor license applications. The process to review license applicants was established in order to ensure that any recommendations made would be fair, effective and efficient. These sections are necessary to ensure that premises licensed to sell or dispense liquor meet community expectations, and that such businesses are conducted in a lawful manner that does not unreasonably disturb the peace and tranquillity of this city and its neighborhoods. (Ord. O-92-2 (part), 1992) Scope of provisions. This chapter shall govern the procedures and criteria for consideration of liquor license applications and city council recommendation to the Oregon Liquor Control Commission. (Ord. O-92-2 (part), 1992) Definitions. For the purpose of this chapter:

69 Application means the written request to the city council to grant, modify or renew a liquor license. City manager means the city manager. Commission means the Oregon Liquor Control Commission. (Ord. O-92-2 (part), 1992) License application. Any person or business requesting a city council recommendation to the commission on a liquor license application shall make application upon suitable forms furnished by the Oregon Liquor Control Commission. The application shall contain: A. The type of license applied for and a description of the nature of the business for which the application is made; B. The name of the applicant, with address; if a partnership, the names and addresses of all partners; if the business is a corporation, the name and address of the home office and the name and address of the designated agent in the state; if a foreign corporation, the name and address of the local agent or representative who will be in charge of the business in the city; C. The address of the location where the business will be located in the city; D. The date of application; E. Proposed hours of operation and proposed entertainment (if any); F. The signature of the applicant or agent making the application. At the time of submission of the application, the applicant shall be required to pay fee in accordance with the city s established schedule of fees; G. Any other relevant information the city administrator deems necessary for review. (Ord. O-92-2 (part), 1992) City manager s duties. The city manager shall review all applications for the purpose of making a recommendation to the city council. The review may include those subjects contained in this chapter and the city manager may require the applicant to supply any relevant additional information to determine the qualifications of the applicant. Upon completion of the review, the city manager shall make a recommendation to the city council. (Ord. O-92-2 (part), 1992) Hearing procedure. A. If the city manager recommends approval of the application, the application will be scheduled as a council agenda item. Upon adverse recommendation by the city manager, a public hearing will be scheduled and notice given pursuant to Section B. The hearing will be presided over by the major or, in his/her absence, the president of the council. C. The city and the applicant shall have the right to present evidence and witnesses, and shall have the right to cross-examine witnesses presenting opposing testimony. The city manager shall present the evidence and witnesses for the city. D. The applicant may be represented by legal counsel, but legal counsel shall not be provided at public expense. E. The hearing shall be limited to production of evidence as alleged in the city manager s recommendation, unless the city council waives the rule. 1. Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of their serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. 2. Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded. F. After due consideration of all pertinent information and testimony, the city council shall make its recommendation. The recommendation shall be based on substantial evidence relative to the criteria in this chapter and shall be final. In the case of an adverse recommendation, the specific reasons for the recommendation shall be announced at the meeting and set out in the city council s minutes. A copy of the minutes shall be provided to the commission. (Ord. O-92-2 (part), 1992)

70 Applicant notice. Before the city council recommends denial of a liquor license application to the commission, notice of the public hearing must be given either personally or by registered or certified mail postmarked not later than ten days prior to the hearing. The notice shall contain: A. A statement of the time and place of hearing; B. A statement from the city manager of the matter(s) asserted or charged supporting the adverse recommendation or stating why the hearing was requested; C. A statement that the applicant may be represented by legal counsel at the hearing, but legal counsel shall not be provided at public expense; D. A statement that if the applicant desires to participate in the hearing, the city manager must receive notice in writing no later than five working days prior to the hearing; and E. A statement that if participation is requested by the applicant, that a copy of this chapter may be obtained at the city manager s office. (Ord. O-92-2 (part), 1992) Public notice. In the event that a public hearing is scheduled, the city, in addition to any regular city council notice provisions, shall cause to be published in a newspaper of general circulation in the city a notice specifying a time, date and location of the hearing and business name and address of the applicant. The notice shall inform the public that testimony may be given for or against the application. (Ord. O-92-2 (part), 1992) Standards and criteria. The city council shall make its recommendation for approval, denial or modification of the liquor license application based on the city council s evaluation of the relevant standards and criteria. The applicant shall be held strictly accountable for the conditions of the premises. The city council may recommend against the applicant if: A. The application is incomplete; B. The applicant neglects or refuses to provide in a timely manner any information reasonably requested by the city manager or city council; C. The applicant provides false or misleading information to the city manager, city council or any city employee; D. Public opinion weighs against the application. Public opinion may be received by written or oral comment. Persons who comment on a pending application must provide their names and addresses in order to have the opinion considered. Public opinion will be evaluated in light of the reasons expressed and the extent to which the persons expressing it are likely to be affected by the issuance of the license. Greater weight will be given to opinions of persons residing, working or owning a business within a onehalf-mile radius of the premises. The number of persons expressing support or opposition will not, in and of itself, be controlling; E. The applicant s premises and the area nearby are heavily frequented by persons under twenty-one years of age unaccompanied by adults; F. The applicant has been convicted of violating any of the alcoholic liquor laws of this state, general or local, or has been convicted of any felony or any misdemeanor involving moral turpitude; G. The applicant uses controlled substances or alcoholic beverages to excess; H. The applicant is not of good repute or moral character; I. The applicant has maintained, or allowed to exist, a noisy, lewd or disorderly establishment, or an establishment which creates or is a public nuisance under the ordinances of the city or laws of the state; J. The applicant s premises are not maintained in good repair, both interior and exterior, and kept clean and free of litter, rubbish or dirt; K. The applicant s premises are unsanitary; L. The applicant or applicant s premises fail to conform to, abide by or comply with, city ordinances or regulations, or state laws and regulations; M. The applicant s premises place unreasonable, excessive demand on city services, including law enforcement. (Ord. O-92-2 (part), 1992)

71 Chapter 5.08 SOLICITORS AND CANVASSERS Sections: Permit required Definitions Application for permit Investigation and issuance Term of permit Posted premises Leaving advertising materials Violation Penalty Permit required. It is unlawful for any solicitor or canvasser as defined in Section of this chapter to engage in such business within the corporate limits of the city without first obtaining a permit and license therefor in compliance with the provisions of this chapter. (Ord. O , 1987) Definitions. A canvasser or solicitor is defined as any individual, whether resident of the city or not, traveling either by foot, vehicle or any other type of conveyance, from house to house, soliciting funds, contributions or things of value or taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for present or future delivery, or for services to be furnished or performed presently or in the future whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not. (Ord. O , 1987) Application for permit. A. Applicants for a permit under this chapter must file with the city administrator a sworn application in writing on a form to be furnished by the city administrator which shall give the following information: 1. Name and description of the applicant; valid drivers license with expiration date or state identification; 2. Permanent home address and full local address of the applicant; 3. A brief description of the nature of the activity or business and the services or goods to be sold or the organization or activity for which funds or things of value will be solicited; 4. If employed, the name and address of the employer, together with credentials establishing the exact relationship; 5. The length of time for which the right to solicit or do business is desired. B. At the time of filing the application, a fee as required by the city s schedule of fees and penalties as approved through resolution of the city council shall be paid to the city administrator to cover the cost of investigation of the facts stated therein. (Ord. O , 1994; Ord. O , 1987) Investigation and issuance. A. Upon receipt of such application, the original may be referred to the chief of police, who shall cause such investigation of the facts provided in the applicant s application as he deems necessary for the protection of the public good. B. If as a result of such investigation, the information provided by the applicant is found to be untrue or incorrect, the chief of police shall endorse on such application his disapproval and his reasons for the same and return the application to the city administrator who shall notify the applicant that his application is disapproved and that no permit and license will be issued. C. If as a result of such investigation, the facts provided are determined to be true and correct, the chief of police shall endorse on the application his approval, execute a permit addressed to the applicant for the carrying on of the solicitation and business applied for and return the permit, along with the application to the city administrator, who shall, upon payment of the prescribed license fee, deliver to the applicant his permit. Such license shall contain the signature and seal of the issuing officer and shall

72 show the name and address of the permit holder, the date of issuance and the length of time the same shall be effective. (Ord. O , 1987) Term of permit. All permits issued under the provisions of this chapter shall be for a term commencing at nine a.m. on the date issued to sunset unless otherwise specified on the face of the permit. (Ord. O , 1987) Posted premises. Whenever the owner or occupier of any premises places a sign or notice upon the premises declaring that solicitors or canvassers are not permitted on the premises, it is unlawful for any person, firm or corporation, or any agency, employee or representative of any person, firm or corporation to enter upon any such posted premises to solicit or canvass the owner or occupier thereof. (Ord. O , 1987) Leaving advertising materials. No person, firm or corporation shall place or leave advertising or sales materials, including political and charitable mate-rials, on door handles or knobs or wedged visibly in any house or garage door. (Ord. O , 1990: Ord. O , 1987) Violation Penalty. Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine as required by the city s schedule of fees and penalties as approved through resolution of the city council. (Ord. O , 1994: Ord. O , 1987) Chapter 5.12 TELECOMMUNICATIONS FACILITIES Sections: Jurisdiction and management of the public rights-of-way Regulatory fees and compensation not a tax Definitions Registration of telecommunications carriers Construction standards Location of telecommunications facilities Telecommunications franchise General franchise terms General provisions Jurisdiction and management of the public rights-of-way. A. The city has jurisdiction and exercises regulatory management over all public rights-of-way within the city under authority of the city Charter and state law. B. Public rights-of-way include, but are not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements and all other public ways or areas, including the subsurface under and air space over these areas. C. The city has jurisdiction and exercises regulatory management over each public right-of-way whether the city has a fee, easement, or other legal interest in the right of way. The city has jurisdiction and regulatory management of each right-of-way whether the legal interest in the right-of-way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure or other means. D. No person may occupy or encroach on a public right-of-way without the permission of the city. The city grants permission to use rights-of-way by franchises and permits. E. The exercise of jurisdiction and regulatory management of a public right-of-way by the city is not official acceptance of the right-of-way, and does not obligate the city to maintain or repair any part of the right-of-way. F. The city retains the right and privilege to cut or move any telecommunications facilities located within the public rights-of-way of the city, as the city may determine to be necessary, appropriate or useful in response to a public health or safety emergency. (Ord. O (part), 1999)

73 Regulatory fees and compensation not a tax. A. The fees and costs provided for in this chapter, and any compensation charged and paid for use of the public rights-of-way provided for in this chapter, are separate from, and in addition to, any and all federal, state, local, and city charges as may be levied, imposed, or due from a telecommunications carrier, its customers or subscribers, or on account of the lease, sale, delivery, or transmission of telecommunications services. B. The city has determined that any fee provided for by this chapter is not subject to the property tax limitations of Article XI, Sections 11 and 11b of the Oregon Constitution. These fees are not imposed on property or property owners, and these fees are not new or increased fees. C. The fees and costs provided for in this chapter are subject to applicable federal and state laws. (Ord. O (part), 1999) Definitions. For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The words shall and will are mandatory and may is permissive. Words not defined herein shall be given the meaning set forth in the Communications Policy Act of 1934, as amended, the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of If not defined there, the words shall be given their common and ordinary meaning. Aboveground Facilities. See Overhead facilities. Affiliated interest has the same meaning as ORS Cable Act means the Cable Communications Policy Act of 1984, 47 U.S.C. Section 521, et seq., as now and hereafter amended. Cable service is to be defined consistent with federal laws and means the one-way transmission to subscribers of video programming, or other programming service; and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. City means the city of King City, an Oregon municipal corporation, and individuals authorized to act on the city s behalf. City council means the elected governing body of the city of King City, Oregon. Control or controlling interest means actual working control in whatever manner exercised. City property means and includes all real property owned by the city, other than public rights-ofway and utility easements as those are defined herein, and all property held in a proprietary capacity by the city, which are not subject to right of way franchising as provided in this chapter. Conduit means any structure, or portion thereof, containing one or more ducts, conduits, manholes, handholes, bolts or other facilities used for any telegraph, telephone, cable television, electrical or communications conductors, or cable right-of-way, owned or controlled, in whole or in part, by one or more public utilities. Construction means any activity in the public rights-of-way resulting in physical change thereto, including excavation or placement of structures, but excluding routine maintenance or repair of existing facilities. Days means calendar days unless otherwise specified. Duct means a single enclosed raceway for conductors or cable. Emergency has the meaning provided for in ORS Federal Communications Council or FCC means the federal administrative agency, or its lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level. Franchise means an agreement between the city and a grantee which grants a privilege to use public right-of-way and utility easements within the city for a dedicated purpose and for specific compensation.

74 Grantee means the person to which a franchise is granted by the city. Oregon Public Utilities Council or OPUC means the statutorily created state agency in the state of Oregon responsible for licensing, regulation and administration of certain telecommunications carriers as set forth in Oregon Law, or its lawful successor. Overhead or aboveground facilities means utility poles, utility facilities and telecommunications facilities above the surface of the ground, including the underground supports and foundations for such facilities. Person means an individual, corporation, company, association, joint stock company or association, firm, partnership, or limited liability company. Private telecommunications network means a system, including the construction, maintenance or operation of the system, for the provision of a service or any portion of a service which is owned or operated exclusively by a person for their use and not for resale, directly or indirectly. Private telecommunications network includes services provided by the state of Oregon pursuant to ORS and Public rights-of-way mean and include, but are not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements and all other public ways or areas, including the subsurface under and air space over these areas. This definition applies only to the extent of the city s right, title, interest or authority to grant a franchise to occupy and use such areas for telecommunications facilities. Public rights-of-way shall also include utility easements as defined below. State means the state of Oregon. Telecommunications means the transmission between and among points specified by the user, of information of the user s choosing, without change in the form or content of the information as sent and received. Telecommunications Act means the Communications Policy Act of 1934, as amended by subsequent enactments including the Telecommunications Act of 1996 (47 U.S.C. 151 et seq.) and as hereafter amended. Telecommunications carrier means any provider of telecommunications services and includes every person that directly or indirectly owns, controls, operates or manages telecommunications facilities within the city. Telecommunications facilities means the plant and equipment, other than customer premises equipment, used by a telecommunications carrier. Telecommunications service means two-way switched access and transport of voice communications but does not include: 1. Services provided by radio common carrier; 2. One-way transmission of television signals; 3. Surveying; 4. Private telecommunications networks; or 5. Communications of the customer which take place on the customer side of on-premises equipment. Telecommunications system. See Telecommunications facilities as defined in this section. Telecommunications utility has the same meaning as ORS (1). Underground facilities means utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities. Usable space means all the space on a pole, except the portion below ground level, the twenty feet of safety clearance space above ground level, and the safety clearance space between communications and power circuits. There is a rebuttable presumption that six feet of a pole is buried below ground level. Utility easement means any easement granted to or owned by the city and acquired, established, dedicated or devoted for public utility purposes. Utility facilities means the plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cable, wires, plant and equipment located under, on, or above the surface of the ground within the public right-of-way of the city and used or to be used for the purpose of providing utility or telecommunications services. (Ord. O , 2000; Ord. O (part), 1999) Registration of telecommunications carriers. A. Purpose. The purpose of registration is:

75 1. To assure that all telecommunications carriers who have facilities and/or provide services within the city comply with the ordinances, rules and regulations of the city. 2. To provide the city with accurate and current information concerning the telecommunications carriers who offer to provide telecommunications services within the city, or that own or operate telecommunications facilities within the city. 3. To assist the city in the enforcement of this code and the collection of any city franchise fees or charges that may be due the city. B. Registration Required. Except as provided in subsection D of this section, all telecommunications carriers having telecommunications facilities within the corporate limits of the city, and all telecommunications carriers that offer or provide telecommunications service to customer premises within the city, shall register. The appropriate application and license from: (a) the Oregon Public Utility Council (PUC); or (b) the Federal Communications Council (FCC) qualify as necessary registration information. Applicants also have the option of providing the following information: 1. The identity and legal status of the registrant, including the name, address, and telephone number of the duly authorized officer, agent, or employee responsible for the accuracy of the registration information. 2. The name, address, and telephone number for the duly authorized officer, agent, or employee to be contacted in case of an emergency. 3. A description of the registrant s existing or proposed telecommunications facilities within the city, a description of the telecommunications facilities that the registrant intends to construct, and a description of the telecommunications service that the registrant intends to offer or provide to persons, firms, businesses, or institutions within the city. 4. Information sufficient to determine whether the transmission, origination or receipt of the telecommunications services provided, or to be provided, by the registrant constitutes an occupation or privilege subject to any business license requirements. A copy of the business license or the license number must be provided. C. Registration Fee. Each application for registration as a telecommunications carder shall be accompanied by a nonrefundable registration fee in the amount of thirty-five dollars, or as otherwise established by resolution of the city council. D. Exceptions to Registration. The following telecommunications carriers are excepted from registration: 1. Telecommunications facilities that are owned and operated exclusively for its own use by the state or a political subdivision of this state. 2. A private telecommunications network, provided that such network does not occupy any public rights-of-way of the city. (Ord. O , 2000; Ord. O (part), 1999) Construction standards. A. General. No person shall commence or continue with the construction, installation or operation of telecommunications facilities within a public right-of-way except as provided in this code and in compliance with all applicable codes, rules and regulations. B. Construction Codes. Telecommunications facilities shall be constructed, installed, operated and maintained in accordance with all applicable federal, state and local codes, rules and regulations including the National Electrical Code and the National Electrical Safety Code. C. Construction Permits. No person shall construct or install any telecommunications facilities within a public right-of-way without first obtaining a construction permit, and paying the construction permit fee established pursuant to subsection G of this section. No permit shall be issued for the construction or installation of telecommunications facilities within a public right-of-way: 1. Unless the telecommunications carrier has first filed a registration statement with the city pursuant to Section (B) of this chapter; and if applicable; 2. Unless the telecommunications carrier has first applied for and been granted a franchise pursuant to Section of this chapter. D. Permit Applications. Applications for permits to construct telecommunications facilities shall

76 be submitted upon forms to be provided by the city and shall be accompanied by drawings, plans and specifications in sufficient detail to demonstrate: 1. That the facilities will be constructed in accordance with all applicable codes, rules and regulations; 2. That the facilities will be constructed in accordance with the franchise agreement; 3. The location and route of all facilities to be installed aboveground or on existing utility poles; 4. The location and route of all new facilities on or in the public rights-of-way to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route which are within the public rights-of-way. Applicants existing facilities shall be differentiated on the plans from new construction. 5. The location of all of applicant s existing underground utilities, conduits, ducts, pipes, mains and installations which are within the public rightsof-way along the underground route proposed by the applicant. A cross section shall be provided showing new or existing facilities in relation to the street, curb, sidewalk or right-of-way. 6. The construction methods to be employed for protection of existing structures, fixtures and facilities within or adjacent to the public rights-of-way, and description of any improvements that applicant proposes to temporarily or permanently remove or relocate. E. Applicant s Verification. All permit applications shall be accompanied by the verification of a registered professional engineer, or other qualified and duly authorized representative of the applicant, that the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules and regulations. F. Construction Schedule. All permit applications shall be accompanied by a written construction schedule, which shall include a deadline for completion of construction. The construction schedule is subject to approval by the city. G. Construction Permit Fee. Unless otherwise provided in a franchise agreement, prior to issuance of a construction permit, the applicant shall pay a permit fee in an amount consistent with this code or as otherwise determined by resolution of the city council. Such fee shall be designed to defray the costs of city administration of the requirements of this chapter. H. Issuance of Permit. If satisfied that the applications, plans and documents submitted comply with all requirements of this code and the franchise agreement, the city shall issue a permit authorizing construction of the facilities, subject to such further conditions, restrictions or regulations affecting the time, place and manner of performing the work as they may deem necessary or appropriate. I. Notice of Construction. Except in the case of an emergency, the permittee shall notify the city not less than two working days in advance of any excavation or construction in the public rights-of-way. J. Compliance with Permit. All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the facilities. The city and its representatives shall be provided access to the work site and such further information as they may require to ensure compliance with such requirements. K. Noncomplying Work. Subject to the notice requirements in Section (C) of this chapter, all work which does not comply with the permit, the approved or corrected plans and specifications for the work, or the requirements of this chapter shall be removed at the sole expense of the permittee. L. Completion of Construction. The permittee shall promptly complete all construction activities so as to minimize disruption of the city rights-of-way and other public and private property. All construction work within city rights-of-way, including restoration, must be completed within one hundred twenty days of the date of issuance of the construction permit unless an extension or an alternate schedule has been approved pursuant to the schedule submitted and approved by the appropriate city official as contemplated by subsection F of this section. M. As-Built Drawings. If requested by the city for a necessary public purpose as determined by the city, the permittee shall furnish the city with two complete sets of plans drawn to scale and certified to the city as accurately depicting the location of all telecommunications facilities constructed pursuant to the permit. These plans shall be submitted to the city engineer or designee within sixty days after comple-

77 tion of construction, in a format mutually acceptable to the permittee and the city. N. Restoration of Public Rights-of-Way and City Property. 1. When a permittee, or any person acting on its behalf, does any work in or affecting any public rights-of-way or city property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to good order and condition unless otherwise directed by the city and as determined by the city engineer or designee. 2. If weather or other conditions do not permit the complete restoration required by this section, the permittee shall temporarily restore the affected rightsof-way or property. Such temporary restoration shall be at the permittee s sole expense and the permittee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. Any corresponding modification to the construction schedule shall be subject to approval by the city. 3. If the permittee fails to restore rights-of-way or property to good order and condition, the city shall give the permitted written notice and provide the permittee a reasonable period of time not exceeding thirty days to restore the rights-of-way or property. If, after said notice, the permittee fails to restore the rights-of-way or property to as good a condition as existed before the work was undertaken, the city shall cause such restoration to be made at the expense of the permittee. 4. A permittee or other person acting in its behalf shall use suitable barricades, flags, flagging attendants, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such rights-of-way or property. O. Performance and Completion Bond. Unless otherwise provided in a franchise agreement, a performance bond or other form of surety acceptable to the city equal to at least one hundred percent of the estimated cost of constructing permittee s telecommunications facilities within the public rights-of-way of the city, shall be provided before construction is commenced. 1. The surety shall remain in force until sixty days after substantial completion of the work, as determined in writing by the city, including restoration of public rights-of-way and other property affected by the construction. 2. The surety shall guarantee, to the satisfaction of the city: a. Timely completion of construction; b. Construction in compliance with applicable plans, permits, technical codes and standards; c. Proper location of the facilities as specified by the city; d. Restoration of the public rights-of-way and other property affected by the construction; and e. Timely payment and satisfaction of all claims, demands or liens for labor, material, or services provided in connection with the work. (Ord. O , 4, 2000; Ord. O (part), 1999) Location of telecommunications facilities. A. Location of Facilities. All facilities located within the public right-of-way shall be constructed, installed and located in accordance with the following terms and conditions, unless otherwise specified in a franchise agreement: 1. Whenever all existing electric utilities, cable facilities or telecommunications facilities are located underground within a public right-of-way of the city, a grantee with permission to occupy the same public right-of-way must also locate its telecommunications facilities underground. 2. Whenever all new or existing electric utilities, cable facilities or telecommunications facilities are located or relocated underground within a public right-of-way of the city, a grantee that currently occupies the same public right-of-way shall relocate its facilities underground concurrently with the other affected utilities to minimize disruption of the public right-of-way, absent extraordinary circumstances or undue hardship as determined by the city and consistent with applicable state and federal law. B. Interference with the Public Rights-of-Way. No grantee may locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of the public rights-of-way by the city, by the

78 general public or by other persons authorized to use or be present in or upon the public rights-of-way. All use of public rights-of-way shall be consistent with city codes, ordinances and regulations. C. Relocation or Removal of Facilities. Except in the case of an emergency, within ninety days following written notice from the city, a grantee shall, at no expense to grantor, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public rights-of-way whenever the city shall have determined that such removal, relocation, change or alteration is reasonably necessary for: 1. The construction, repairs, maintenance or installation of any city or other public improvement in or upon the public rights-of-way; 2. The operations of the city or other governmental entity in or upon the public rights-of-way; 3. The public interest. D. Removal of Unauthorized Facilities. Within thirty days following written notice from the city, any grantee, telecommunications carrier, or other person that owns, controls or maintains any unauthorized telecommunications system, facility, or related appurtenances within the public rights-of-way of the city shall, at its own expense, remove such facilities or appurtenances from the public rights-of-way of the city. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances: 1. One year after the expiration or termination of the grantee s telecommunications franchise; 2. Upon abandonment of a facility within the public rights-of-way of the city. A facility will be considered abandoned when it is deactivated, out of service, or not used for its intended and authorized purpose for a period of ninety days or longer. A facility will not be considered abandoned if it is temporarily out of service during performance of repairs or if the facility is being replaced. The city shall make a reasonable attempt to contact the telecommunications carrier before concluding that a facility is abandoned. A facility may be abandoned in place and not removed if there is no apparent risk to the public safety, health or welfare; 3. If the system or facility was constructed or installed without the appropriate prior authority at the time of installation; 4. If the system or facility was constructed or installed at a location not permitted by the grantee s telecommunications franchise or other legally sufficient permit. E. Coordination of Construction Activities. All grantees are required to make a good faith effort to cooperate with the city. 1. By January first of each year, grantees shall provide the city with a schedule of their known proposed construction activities in, around or that may affect the public rights-of-way. 2. If requested by the city, each grantee shall meet with the city annually or as determined by the city, to schedule and coordinate construction in the public rights-of-way. At that time, city will provide available information on plans for local, state and/or federal construction projects. 3. All construction locations, activities and schedules shall be coordinated, as ordered by the city engineer or designee, to minimize public inconvenience, disruption or damages. (Ord. O (part), 2000; Ord. O (part), 1999) Telecommunications franchise. A. Telecommunications Franchise. A telecommunications franchise shall be required of any telecommunications carrier who desires to occupy public rights-of-way of the city. B. Application. Any person that desires a telecommunications franchise must register as a telecommunications carrier and shall file an application with the city which includes the following information: 1. The identity of the applicant; 2. A description of the telecommunications services that are to be offered or provided by the applicant over its telecommunications facilities; 3. Engineering plans, specifications and a network map in a form customarily used by the applicant of the facilities located or to be located within the public rights-of-way in the city, including the location and route requested for applicant s proposed telecommunications facilities.

79 4. The area or areas of the city the applicant desires to serve and a preliminary construction schedule for build-out to the entire franchise area; 5. Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the telecommunications services proposed; 6. An accurate map showing the location of any existing telecommunications facilities in the city that applicant intends to use or lease. C. Application and Review Fee. 1. Subject to applicable state law, applicant shall reimburse the city for such reasonable costs as the city incurs in entering into the franchise agreement. 2. An application and review fee of two thousand dollars shall be deposited with the city as part of the application filed pursuant to subsection B of this section. Expenses exceeding the deposit will be billed to the applicant or the unused portion of the deposit will be returned to the applicant following the determination granting or denying the franchise. D. Determination by the City. The city shall issue a written determination granting or denying the application in whole or in part. If the application is denied, the written determination shall include the reasons for denial. E. Rights Granted. No franchise granted pursuant to this chapter shall convey any right, title or interest in the public rights-of-way, but shall be deemed a grant to use and occupy the public rightsof-way for the limited purposes and term stated in the franchise agreement. F. Term of Grant. Unless otherwise specified in a franchise agreement, a telecommunications franchise granted hereunder shall be in effect for a term of five years. G. Franchise Territory. Unless otherwise specified in a franchise agreement, a telecommunications franchise granted hereunder shall be limited to a specific geographic area of the city to be served by the franchise grantee, and the public rights-of-way necessary to serve such areas, and may include the entire city. H. Franchise Fee. Each franchise granted by the city is subject to the city s right, which is expressly reserved, to fix a fair and reasonable compensation to be paid for the privileges granted; provided, nothing in this code shall prohibit the city and a grantee from agreeing to the compensation to be paid. The compensation shall be subject to the specific payment terms and conditions contained in the franchise agreement and applicable state and federal laws. I. Amendment of Grant. Conditions for amending a franchise: 1. A new application and grant shall be required of any telecommunications carrier that desires to extend or locate its telecommunications facilities in public rights-of-way of the city which are not included in a franchise previously granted under this chapter. 2. If ordered by the city to locate or relocate its telecommunications facilities in public rights-of-way not included in a previously granted franchise, the city shall grant an amendment without further application. 3. A new application and grant shall be required of any telecommunications carrier that desires to provide a service which was not included in a franchise previously granted under this chapter. J. Renewal Applications. A grantee that desires to renew its franchise under this chapter shall, not less than one hundred eighty days before expiration of the current agreement, file an application with the city for renewal of its franchise which shall include the following information: 1. The information required pursuant to subsection B of this section; 2. Any information required pursuant to the franchise agreement between the city and the grantee. K. Renewal Determinations. Within ninety days after receiving a complete application, the city shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards. If the renewal application is denied, the written determination shall include the reasons for nonrenewal. 1. The financial and technical ability of the applicant; 2. The legal ability of the applicant; 3. The continuing capacity of the public rightsof-way to accommodate the applicant s existing and proposed facilities;

80 4. The applicant s compliance with the requirements of this code and the franchise agreement; 5. Applicable federal, state and local telecommunications laws, rules and policies; 6. Such other factors as may demonstrate that the continued grant to use the public rights-of-way will serve the community interest. L. Obligation to Cure as a Condition of Renewal. No franchise shall be renewed until any ongoing violations or defaults in the grantee s performance of the agreement, or of the requirements of this code, have been cured, or a plan detailing the corrective action to be taken by the grantee has been approved by the city. M. Assignments or Transfers of System or Franchise. Ownership or control of a majority interest in a telecommunications system or franchise may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the grantee, by operation of law or otherwise, without the prior consent of the city, which consent shall not be unreasonably withheld or delayed, and then only on such reasonable conditions as may be prescribed in such consent. 1. Grantee and the proposed assignee or transferee of the franchise or system shall agree, in writing, to assume and abide by all of the provisions of the franchise. 2. No transfer shall be approved unless the assignee or transferee has the legal, technical, financial and other requisite qualifications to own, hold and operate the telecommunications system pursuant to this code. 3. Unless otherwise provided in a franchise agreement, the grantee shall reimburse the city for all direct and indirect fees, costs and expenses reasonably incurred by the city in considering a request to transfer or assign a telecommunications franchise. 4. Any transfer or assignment of a telecommunications franchise, system or integral part of a system without prior approval of the city under this code or pursuant to a franchise agreement shall be void and is cause for revocation of the franchise. N. Revocation or Termination of Franchise. A franchise to use or occupy public rights-of-way of the city may be revoked for the following reasons: 1. Construction or operation in the city or in the public rights-of-way of the city without a construction permit; Construction or operation at an unauthorized location; 3. Failure to comply with subsection M of this section with respect to sale, transfer or assignment of a telecommunications system or franchise; 4. Misrepresentation by or on behalf of a grantee in any application to the city; 5. Abandonment of telecommunications facilities in the public rights-of-way; 6. Failure to relocate or remove facilities as required in this code; 7. Failure to pay taxes, compensation, fees or costs when and as due the city under this code; 8. Insolvency or bankruptcy of the grantee; 9. Violation of material provisions of this code; 10. Violation of the material terms of a franchise agreement. O. Notice and Duty to Cure. In the event that the city believes that grounds exist for revocation of a franchise, the city shall give the grantee written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the grantee a reasonable period of time, not exceeding thirty days, to furnish evidence that: 1. Corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance; 2. Rebuts the alleged violation or noncompliance; and/or 3. It would be in the public interest to impose some penalty or sanction less than revocation. P. Public Hearing. In the event that a grantee fails to provide evidence reasonably satisfactory to the city of its compliance with the franchise or with this code, the city staff shall refer the apparent violation or noncompliance to the city council. The council shall provide the grantee with notice and a reasonable opportunity to be heard concerning the matter. Q. Standards for Revocation or Lesser Sanctions. If persuaded that the grantee has violated or failed to comply with material provisions of this code, or of a franchise agreement, the city council

81 shall determine whether to revoke the franchise, or to establish some lesser sanction and cure, considering the nature, circumstances, extent and gravity of the violation as reflected by one or more of the following factors. Whether: 1. The misconduct was egregious; 2. Substantial harm resulted; 3. The violation was intentional; 4. There is a history of prior violations of the same or other requirements; 5. There is a history of overall compliance; 6. The violation was voluntarily disclosed, admitted or cured. R. Other City Costs. All grantees shall, within thirty days after written demand therefor, reimburse the city for all reasonable direct and indirect costs and expenses incurred by the city in connection with any modification, amendment, renewal or transfer of the franchise or any franchise agreement consistent with applicable state and federal laws. (Ord. O (part), 1999) General franchise terms. A. Facilities. Unless already provided by the grantee, upon request each grantee shall provide the city with an accurate map or maps certifying the location of all telecommunications facilities within the public rights-of-way. If necessary for a public purpose and upon request, each grantee shall provide updated maps. B. Damage to Grantee s Facilities. Unless directly and proximately caused by negligent, careless, wrongful or wilful, intentional or malicious acts by the city and consistent with Oregon law, the city shall not be liable for any damage to or loss of any telecommunications facility within the public rights-ofway of the city as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the public rights-of-way by or on behalf of the city, or for any consequential losses resulting directly or indirectly therefrom. C. Duty to Provide Information. Except in emergencies, within sixty days of a written request from the city, each grantee shall furnish the city with information sufficient to demonstrate: 1. That grantee has complied with all requirements of this code; 2. All books, records, maps and other documents, maintained by the grantee with respect to its facilities within the public rights-of-way shall be made available for inspection by the city at reasonable times and intervals. D. Service to the City. If the city contracts for the use of telecommunication facilities, telecommunication services, installation or maintenance from the grantee, the grantee shall charge the city the grantee s most favorable rate offered at the time of the request charged to similar users within Oregon for a similar volume of service, subject to any of grantee s tariffs or price lists on file with the OPUC. With the city s permission, the grantee may deduct the applicable charges from fee payments. Other terms and conditions of such services may be specified in a separate agreement between the city and grantee. E. Compensation for City Property. If any right is granted, by lease, franchise or other manner, to use and occupy city property for the installation of telecommunications facilities, the compensation to be paid for such right and use shall be fixed by the city. F. Cable Franchise. Telecommunication carriers providing cable service shall be subject to the separate cable franchise requirements of the city and other applicable authority. G. Leased Capacity. A grantee shall have the right, without prior city approval, to offer or provide capacity or bandwidth to its customers; provided that the grantee shall notify the city that such lease or agreement has been granted to a customer or lessee. H. Grantee Insurance. Unless otherwise provided in a franchise agreement, each grantee shall, as a condition of the grant, secure and maintain the following liability insurance policies insuring both the grantee and the city, and its elected and appointed officers, officials, agents and employees as coinsured: 1. Comprehensive general liability insurance with limits not less than: a. Three million dollars for bodily injury or death to each person,

82 b. Three million dollars for property damage resulting from any one accident, and c. Three million dollars for all other types of liability. 2. Automobile liability for owned, nonowned and hired vehicles with a limit of one million dollars for each person and three million dollars for each accident; 3. Worker s compensation within statutory limits and employer s liability insurance with limits of not less than one million dollars; 4. Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than three million dollars; 5. The liability insurance policies required by this section shall be maintained by the grantee throughout the term of the telecommunications franchise, and such other period of time during which the grantee is operating without a franchise hereunder, or is engaged in the removal of its telecommunications facilities. Each such insurance policy shall contain the following endorsement: It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until 90 days after receipt by the city, by registered mail, of a written notice addressed to the city of such intent to cancel or not to renew. 6. Within sixty days after receipt by the city of said notice, and in no event later than thirty days prior to said cancellation, the grantee shall obtain and furnish to the city evidence that the grantee otherwise meets the requirements of this section. 7. As an alternative to the insurance requirements contained herein, a grantee may provide evidence of self-insurance subject to review and acceptance by the city. I. General Indemnification. Each franchise agreement shall include, to the extent permitted by law, grantee s express undertaking to defend, indemnify and hold the city and its officers, employees, agents and representatives harmless from and against any and all damages, losses and expenses, including reasonable attorney s fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the grantee or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities or network, whether such acts or omissions are authorized, allowed or prohibited by this code or by a franchise agreement made or entered into pursuant to this code. J. Performance Surety. Before a franchise granted pursuant to this code is effective, and as necessary thereafter, the grantee shall provide a performance bond, in form and substance acceptable to the city, as security for the full and complete performance of a franchise granted under this code, including any costs, expenses, damages or loss the city pays or incurs because of any failure attributable to the grantee to comply with the codes, ordinances, rules, regulations or permits of the city. This obligation is in addition to the performance surety required for construction of facilities. (Ord. O (part), 2000; Ord. O (part), 1999) General provisions. A. Governing Law. Any franchise granted under this code is subject to the provisions of the Constitution and laws of the United States, and the state of Oregon and the ordinances and Charter of the city. B. Written Agreement. No franchise shall be granted hereunder unless the agreement is in writing. C. Nonexclusive Grant. No franchise granted under this code shall confer any exclusive right, privilege, license or franchise to occupy or use the public rights-of-way of the city for delivery of telecommunications services or any other purposes. D. Severability and Preemption. If any article, section, subsection, sentence, clause, phrase, term, provision, condition, covenant or portion of this code is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, or superseded by state or federal legislation, rules, regulations or decision, the remainder of the code shall not be affected thereby but shall be deemed as a separate, dis-

83 tinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof, and each remaining section, subsection, sentence, clause, phrase, provision, condition, covenant and portion of this code shall be valid and enforceable to the fullest extent permitted by law. In the event that federal or state laws, rules or regulations preempt a provision or limit the enforceability of a provision of this code, then the provision shall be read to be preempted to the extent and or the time required by law. In the event such federal or state law, rules or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision hereof that had been preempted is no longer preempted, such provision shall thereupon return to full force and effect, and shall thereafter be binding, without the requirement of further action on the part of the city, and any amendments hereto. E. Penalties. Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this chapter shall be fined not less than one hundred dollars nor more than one thousand dollars for each offense. A separate and distinct offense shall be deemed committed each day on which a violation occurs. The enforcement of this provision shall be consistent with the provisions of this code regulating code enforcement. F. Other Remedies. Nothing in this code shall be construed as limiting any judicial remedies that the city may have, at law or in equity, for enforcement of this code. G. Captions. The captions to sections throughout this code are intended solely to facilitate reading and reference to the sections and provisions contained herein. Such captions shall not affect the meaning or interpretation of this code. H. Compliance with Laws. Any grantee under this code shall comply with all federal and state laws and regulations, including regulations of any administrative agency thereof, as well as all ordinances, resolutions, rules and regulations of the City heretofore or hereafter adopted or established during the entire term any franchise granted under this code, which are relevant and relate to the construction, maintenance and operation of a telecommunications system. I. Consent. Wherever the consent of either the city or of the grantee is specifically required by this code or in a franchise granted, such consent will not be unreasonably withheld. J. Application to Existing Ordinance and Agreements. To the extent that this code is not in conflict with and can be implemented with existing code and franchise agreements, this code shall apply to all existing ordinance and franchise agreements for use of the public right-of-way for telecommunications. K. Confidentiality. The city agrees to use its best efforts to preserve the confidentiality of information as requested by a grantee, to the extent permitted by the Oregon Public Records Law. (Ord. O (part), 1999) Chapter 5.16 ALARM SYSTEMS Sections: Purpose Definitions Alarm user permits required Emergency notification User instructions Automatic dialing devices restricted Response to alarms Excessive false alarms and fee assessment Continuous alarms Appeal of false alarm Revocation procedure Confidentiality and statistics Allocation of revenues and expenses Violation Penalty Purpose. A. The purpose of this chapter is to protect the emergency services of the city from misuse.

84 B. This chapter covers burglary, robbery and other emergency alarm systems, requires permits, establishes fees, provides for allocation of revenues and deficits, provides for revocation of permits, provides for punishment of violations and establishes a system for administration. (Ord. O , 1990) Definitions. As used in this chapter, the following words and phrases shall have the meanings given to them in this section: Alarm business means the business by an individual, partnership, corporation or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system in or on any building, structure or facility. Alarm system means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of an emergency requiring urgent attention, and to which police, fire or emergency medical personnel are expected to respond; provided, however, that automobile alarm systems and residential smoke detectors are not included in this definition. Alarm user means the person, firm, partnership, association, corporation, company or organization of any kind in control of any building, structure or facility wherein an alarm system is maintained. Automatic dialing device means a device which is connected to a telephone line and is programmed to select a predetermined telephone number and transmitted by voice message or code signal an emergency message indicating a need for emergency response. Burglary alarm system means an alarm system signalling an entry or attempted entry into the area protected by the system, inclusive of silent and audible alarm systems. Chief of police means the director of police services for the city or his designated representative. City manager means the chief administrative officer of the city or his designated representative. Dispatch center means the city facility used to receive the emergency and general information from the public. Emergency medical alarm system means a system to indicate a health emergency within an area protected by the system. Any medical alarm system that is not connected to a central alarm center is not considered an emergency medical alarm system. False alarm means an alarm signal eliciting a response by police when a situation requiring a response by the police does not in fact exist. It does not include an alarm signal caused by violent conditions of nature, or other extraordinary circumstances not reasonably subject to control by the alarm business operator or alarm user. Fire alarm system means an alarm system signalling temperature, humidity, smoke or other evidences of fire within an area protected by the system. Hearings officer means the person designated by the city manager to conduct hearings related to appeals of notification of false alarm or assessment of false alarm fees. Primary trunk line means a telephone line servicing the dispatch center that is designated to receive the emergency calls. Robbery alarm system means an alarm system signalling a robbery or an attempted robbery. (Ord. O , 1990) Alarm user permits required. A. Every alarm user shall obtain an alarm users permit for each system from the city manager upon the effective date of the ordinance codified in this chapter or prior to use of an alarm system. Users of systems using robbery, burglary, fire and emergency medical alarm capabilities shall obtain separate permits for each function unless the systems are elements of a combined system. Application for each alarm users permit, and a fee for each, shall be filed with the city manager s office. Each permit shall be physically upon the premises using the alarm system and shall be available for inspection by the city manager or his/her authorized designee. The fee for an alarm users permit is as required by the city s sched-

85 ule of fees and penalties as approved through resolution of the city council. B. An alarm user who replaces a permitted system with a system of a different type must obtain a new permit with payment of fee required. If a permitted system is modified only to increase capacity without changing the system, the user must provide information to the city to update permit files; however, no additional fee is required. C. A certificate of reinstatement of a revoked users permit shall be obtained from the office of the city manager by filing an application and paying a fee as required by the city s schedule of fees and penalties as approved through resolution of the city council. The certificate shall bear the signature of the city manager. D. In addition to the fee provided for in subsection A of this section, a twenty-five dollar charge will be charged to a user who fails to obtain a permit within sixty days after the effective date of the ordinance codified in this chapter. E. An alarm user required by federal, state, county or municipal statute, regulation, rule or ordinance to install, maintain and operate an alarm system shall be subject to this chapter, but a permit shall be issued with no fee required. (Ord. O , 1994; Ord. O , 1990) Emergency notification. The alarm registration shall be in a form prescribed by the city manager and shall include the names, addresses and telephone numbers of persons authorized by the alarm user to act on their behalf in case of emergencies or false alarms. (Ord. O , 1990) User instructions. A. Every alarm business selling, leasing or furnishing to any user an alarm system which is installed on premises located in the city shall furnish the user with instructions that provide information to enable the user to operate the alarm system properly and to obtain service for the alarm system at any time. B. Standard form instructions shall be submitted by every alarm business to the city manager within sixty days after the effective date of the ordinance codified in this chapter. If the manager finds such instructions to be incomplete, unclear or inadequate, the manager may require the alarm business to revise the instructions to comply with subsection A of this section and then to distribute the revised instructions to its alarm users. (Ord. O , 1990) Automatic dialing devices restricted. A. It is unlawful for any person to program an automatic dialing device to select a primary trunk line or any 911 prefix requiring a police response. B. If an alarm user receives written notice from the chief of police that its automatic dialing device is programmed to select a primary trunk line, it is unlawful for the alarm user to fail to disconnect or reprogram the device within twelve hours of receipt of such notice. C. Within sixty days after the effective date of the ordinance codified in this chapter, all existing automatic dialing devices programmed to select a primary trunk line shall be reprogrammed or disconnected. D. It is unlawful for any person to program an automatic dialing device to select any telephone line assigned to the city and it is unlawful for an alarm user to fail to disconnect or reprogram such device within twelve hours of receipt of written notice from the chief of police that an automatic dialing device is so programmed. (Ord. O , 1990) Response to alarms. A. Whenever an alarm is activated in the city, thereby requiring an emergency response to the location by the police department and the department does respond, the police personnel on the scene of the activated alarm system shall inspect the area protected by the system and shall determine whether the emergency response was in fact required, as indicated by the alarm system, or whether the alarm signal was a false alarm.

86 B. If the police department personnel at the scene of the activated alarm system determines the alarm to be false, the personnel shall make a report of the false alarm. C. The city manager or designee shall have the right to inspect any alarm system on the premises to which the response has been made and may cause an inspection of such system to be made at any reasonable time thereafter. Failure to correct an alarm system malfunction or deficiency shall be a violation of this chapter. (Ord. O , 1990) Excessive false alarms and fee assessment. A. If any alarm system produces four false alarms in any calendar year, the city manager shall provide, by certified mail, written notice requiring the alarm user to take corrective action in regard to the false alarms and informing the alarm user of the false alarm fee schedule provided in this chapter. B. Alarm users installing a new system or making substantial modifications to an existing system shall be entitled to a grace period during which alarms generated by such systems shall be deemed non-false alarms. The grace period shall cease thirty days after installation of, or modification to, an alarm system. C. Upon any alarm system producing five or more false alarms in a calendar year, a fee per false alarm as required by the city s schedule of fees and penalties as approved through resolution of the city council shall be charged to the alarm user. D. Except for an alarm system required by law, a permit may be revoked for any system which has ten or more false alarms within any twelve month period beginning with the date of the permit. Before revoking any permit, the city manager will give ten days written notice to the permit holder, to allow for system correction. All fees assessed must be paid to the city recorder or a written appeal must be submitted to the city manager within five working days of the assessment. (Ord. O , 1994; Ord. O , 1990) Continuous alarms. Any alarm system producing an alarm that cannot be shut off by responding city police and that continuously operates for a period greater than sixty minutes, shall be treated as a fifth false alarm. (Ord. O , 1990) Appeal of false alarm. A. Any alarm user who has been notified of a false or assessed a false alarm fee may appeal to the city manager by giving written notice and posting a bond equal to the amount of the fee, if applicable, within three working days of the invoice assessing such a fee. Upon receipt of the appeal notice and bond, if applicable, a time certain shall be set for a hearing. B. The appellant shall be given reasonable notice of such hearing. Failure of the appellant to appear at such hearing shall, if applicable, result in forfeiture of the appealed bond, and application of the bond toward the false alarm fee assessed by the city. C. The city manager shall designate a hearing officer. The burden of proof shall be upon the appellant to show by a preponderance of the evidence that the alarm signal in question was not a false alarm as defined. D. Within five working days after receipt of all relevant evidence and conclusion of the hearing, the hearings officer shall render a decision. If the hearings officer determines that the appellant has met the burden of proof, then the hearings officer shall order the appeal bond released to the appellant and rescind the false alarm determination. If the hearings officer determines that the appellant has not met the burden of proof, then the hearings officer shall order the appeal bond to be forfeited and applied toward the alarm fee as assessed by the city and enter such alarm as a false alarm. E. All decisions made pursuant to this section are final. (Ord. O , 1990) Revocation procedure. A. Upon receipt of a written notice under Section (D) of this chapter, the permit holder shall submit a written report of the action taken to

87 correct the problem. If the city manager finds the report and subsequent repair satisfactory, the permit will not be revoked. B. If no report is submitted, or if the city manager finds that the action taken will not prevent further false alarms, the city manager will give written notice that the permit will be revoked on the tenth day after the date of the notice, unless the permit holder requests a hearing. C. If a hearing is requested, it shall be held by the city council within fifteen days after the request. The hearing will be conducted according to procedures adopted by the council and the council may revoke or condition the permit at the conclusion of the hearing. D. Revocations shall be effective five days after the date of written notice from the city. An alarm user shall immediately discontinue use of a system for which the permit has been revoked. E. An alarm user may apply for a new permit following a permit revocation. The city manager may approve the new permit if the manager finds that the system has been properly serviced and any deficiencies corrected. The city manager may impose reasonable conditions on the new permit to prevent future false alarms. (Ord. O , 1990) Violation Penalty. A. Upon conviction, violations of this chapter shall be punishable by assessment of a fine as required by the city s schedule of fees and penalties as approved through resolution of the city council for each day the violation is allowed to continue. B. In addition to any other penalties, a user who is in violation of any provision of this chapter may be subject to permit revocation according to procedures in Section of this chapter. (Ord. O , 1994; Ord. O , 1990) Confidentiality and statistics. All information submitted in compliance with this chapter shall be held in the strictest confidence and shall be deemed a public record, exempt from disclosure pursuant to state statute; and any violation of confidentiality shall be deemed a violation of this chapter. The city manager shall be charged with the sole responsibility for the maintenance of all records of any kind whatsoever under this chapter. (Ord. O , 1990) Allocation of revenues and expenses. All fees and fines collected pursuant to this chapter shall be general fund revenue of the city. (Ord. O , 1990)

88 Chapter 5.20 BUSINESS LICENSE TAX ON MOTOR VEHICLE FUEL DEALERS* Sections: Definitions Tax imposed Amount and payment License requirements License applications and issuance Failure to secure license Suspension and revocation of license Cancellation of license Remedies cumulative Payment of tax and delinquency Monthly statement of dealer Failure to file monthly statement Billing purchasers Failure to provide invoice or delivery tag Exemption of export fuel Sales to armed forces exempted Fuel in vehicles coming into city not taxed Fuel sold or delivered to dealers Examinations and investigations Limitation on credit for or refund of overpayment and on assessment of additional tax Examining books and accounts of carrier of motor vehicle fuel Records to be kept by dealers Use of tax revenues. * Prior ordinance history: Ords. O and O Definitions. As used in this chapter, unless the context requires otherwise: City means the city of King City, Oregon. Except as may be expressly provided otherwise, all acts of the city provided for herein shall be by the city manager. Dealer means any person who: 1. Imports or causes to be imported motor vehicle fuel for sale, use or distribution in the city, but not including anyone who imports motor vehicle fuel into the city in quantities of five hundred gallons or less purchased from a dealer licensed under this chapter if such dealer assumes liability for payment of the license tax to the city; or 2. Acquires for sale, use or distribution in the city, motor vehicle fuels with respect to which there has been no city license tax previously incurred. Distribution means, in addition to its ordinary meaning, the delivery of motor vehicle fuel by a dealer to any service station or into any tank, storage facility or series of tanks or storage facilities connected by pipelines, from which motor vehicle fuel is withdrawn directly for sale or delivery into the fuel tanks of motor vehicles whether or not the service station, tank or storage facility is owned, operated or controlled by the dealer. Motor vehicle means all vehicles, engines or machines, movable or immovable, operated or propelled by the use of motor vehicle fuel. Motor vehicle fuel means and includes gasoline, diesel, and any other flammable or combustible gas or liquid, by whatever name such gas or liquid is known or sold, usable as find for the operation of motor vehicles, except gas or liquid is for purposes other than the propulsion of motor vehicles. Person means and includes every natural person, association, firm, partnership, corporation, joint venture or other business entity. Service station means and includes any place operated for the purpose of retailing and delivering motor vehicle fuel into the fuel tanks of motor vehicles. Street means every way, thoroughfare and place of whatever nature, open for use of the public for the purpose of vehicular travel within the jurisdiction and under the authority of the city.

89 Tax administrator means the city manager, the city manager s designee, or any person or entity with whom the city manager contracts to perform those duties. (Ord. O (Exh. A) (part), 2005) Tax imposed. A business license tax is imposed on every dealer. This tax is in addition to the business license fee required under Chapter 5.04 of this title. The tax imposed shall be paid monthly to the tax administrator. The tax administrator is authorized to exercise all supervisory and administrative powers with regard to the enforcement, collection and administration of the business license tax, including all powers specified in ORS to (Ord. O (Exh. A) (part), 2005) Amount and payment. A. Subject to subsection B of this section, every dealer in the city who engages in the sale, use or distribution of motor vehicle fuel, whether in the dealer s name, the name of another or the name of the dealer s representative/agent, is required to do the following: 1. Provide a statement (not later than the twenty-fifth of each month) to the city of all motor vehicle fuel sold, used or distributed by the dealer in the city as well as all such fuel sold, used or distributed in the city by a purchaser for which sale, use or distribution the dealer has assumed liability for the applicable license tax during the preceding month; 2. Pay a license tax computed on the basis of two cents per gallon of such motor vehicle fuel so sold, used or distributed as shown by such statement in the manner and within the time provided in this chapter. B. In lieu of claiming refund of the tax as provided in Section of this chapter or of any prior erroneous payment of the license tax made to the city by the dealer, the dealer may show such motor vehicle fuel tax as a credit or deduction on the monthly statement and payment of tax. (Ord. O (Exh. A) (part), 2005) License requirements. No dealer shall sell, use or distribute any motor vehicle fuel until the dealer has secured a dealer s license as required in this chapter. (Ord. O (Exh. A) (part), 2005) License applications and issuance. A. Every person before becoming or remaining a dealer of motor vehicle fuel in the city shall obtain a license authorizing such person to engage in business as a dealer. B. Applications for the license shall be made on forms prescribed, prepared and furnished by the tax administrator, including (but not limited to) information on the following: 1. The business name under which the applicant transacts business; 2. The address of applicant s principal place of business and location of distributing stations in the city; 3. The name and address of the managing agent, the names and addresses of the persons constituting the firm or partnership or, if a corporation, the name under which the corporation is authorized to transact business and the names and addresses of its principal officers and registered agent. C. Once the application is complete and accepted for filing, the tax administrator shall issue to the dealer a license to transact business in the city. A license is not assignable and is valid only for the dealer in whose name it is issued. D. The tax administrator shall retain all completed applications with an alphabetical index thereof, together with a record of all licensed dealers. (Ord. O (Exh. A) (part), 2005) Failure to secure license. A. If a dealer fails to secure a license prior to becoming or remaining a dealer in the city, the tax on all motor vehicle fuel sold, distributed or used by that dealer shall be immediately due and payable. B. The city shall proceed to determine from as many reliable and available sources as the city deems reasonable the amount of tax due, and shall assess the dealer for the amount found due, together with a pen-

90 alty of twenty-five percent of the tax. In any suit or proceeding to collect the tax or penalty or both, the assessment shall be prima facie evidence that the dealer is indebted to the city in the amount of the tax and penalty stated therein. (Ord. O (Exh. A) (part), 2005) Suspension and revocation of license. The tax administrator may, to the extent permitted by law suspend, and upon ten days written notice, revoke the license of any dealer who fails to comply with any provision of this chapter. The tax administrator shall mail, by certified mail addressed to the dealer at his/her last known address appearing in the files of the tax administrator, a notice of intent to cancel. The notice of revocation shall include the reason for cancellation. (Ord. O (Exh. A) (part), 2005) Cancellation of license. A. The tax administrator may, upon written request of a dealer, cancel a license issued to that dealer. The tax administrator shall, upon approving the dealer s request for cancellation, set a date not later than thirty days after receipt of the written request, after which the license shall no longer be effective. B. The tax administrator may, after thirty days notice has been mailed to the last known address of the dealer, cancel the license of the dealer upon finding that the dealer is no longer engaged in the business of a dealer. (Ord. O (Exh. A) (part), 2005) Remedies cumulative. Except as otherwise provided in Sections and , the remedies provided in Sections through of this chapter are cumulative. No action taken pursuant to those sections shall relieve any person from the penalty provisions of this code. (Ord. O (Exh. A) (part), 2005) Payment of tax and delinquency. A. The license tax imposed by this chapter shall be paid on or before the twenty-fifth day of each month for the preceding month. B. Except as provided in subsections C and D of this section, if payment of the tax is not paid as required by subsection A, a penalty of one percent of such license tax may be assessed by the city and shall be immediately due and payable. C. Except as provided in subsection D of this section, if payment of the tax and penalty (if any) is not made on or before the first day of the next month following that month in which payment is due, the city may impose a further penalty of up to ten percent of the tax. Such penalty shall be in addition to the penalty provided for in subsection B of this section and shall be immediately due and payable. D. Penalties imposed by this section shall not apply if a penalty has been assessed pursuant to Section of this chapter. E. The city may waive any penalties assessed under this section for good cause. (Ord. O (Exh. A) (part), 2005) Monthly statement of dealer. Every dealer in motor vehicle fuel shall provide to the tax administrator on or before the twenty-fifth day of each month, on forms prescribed, prepared and furnished by the tax administrator, a statement of the number of gallons of motor vehicle fuel sold, distributed or used by the dealer during the preceding calendar month. The statement shall be signed by the dealer or the dealer s agent. (Ord. O (Exh. A) (part), 2005) Failure to file monthly statement. If a dealer fails to file the statement required by Section of this chapter, the city shall proceed to determine from as many available sources as the city determines reasonable the amount of motor vehicle fuel sold, distributed or used by such dealer for the period unreported, and such determination shall in any proceeding be prima facie evidence of the amount of fuel sold, distributed or used. The city shall immediately assess the dealer for the license tax upon the

91 amount determined, adding thereto a penalty of ten percent of the tax. (Ord. O (Exh. A) (part), 2005) Billing purchasers. Dealers in motor vehicle fuel shall render bills to all purchasers of motor vehicle fuel. The bills shall separately state and describe the different products sold or shipped thereunder and shall be serially numbered except where other sales invoice controls acceptable to the tax administrator are maintained. (Ord. O (Exh. A) (part), 2005) Failure to provide invoice or delivery tag. No person shall receive and accept motor vehicle fuel from any dealer, or pay for the same, or sell or offer the motor vehicle fuel for sale, unless the motor vehicle fuel is accompanied by an invoice or delivery tag showing the date upon which motor vehicle fuel was delivered, purchased or sold and the name of the dealer in motor vehicle fuel. (Ord. O (Exh. A) (part), 2005) Exemption of export fuel. A. The license tax imposed by Section of this chapter shall not be imposed on motor vehicle fuel: 1. Exported from the city by a dealer; or 2. Sold by a dealer in individual quantities of five hundred gallons or less for export by the purchaser to an area or areas outside the city in containers other than the fuel tank of a motor vehicle, but every dealer shall be required to report such exports and sales to the city. B. Any motor vehicle fuel carried from the city in the fuel tank of a motor vehicle shall not be considered as exported from the city. C. In support of any exemption from taxes on account of sales of motor vehicle fuel in individual quantities of five hundred gallons or less for export by the purchaser, the dealer shall retain in the dealer s files for at least three years an export certificate executed by the purchaser in such form and containing such information as is prescribed by the city. This certificate shall be prima facie evidence of the exportation of the motor vehicle fuel to which it applies only if accepted by the dealer in good faith. (Ord. O (Exh. A) (part), 2005) Sales to armed forces exempted. The license tax imposed by Sections and of this chapter shall not be imposed on any motor vehicle fuel sold to the Armed Forces of the United States, but every dealer shall be required to report such sales to the city. A certificate by an authorized officer of such armed forces shall be accepted by the dealer as sufficient proof that the sale is for the purpose specified in the certificate. (Ord. O (Exh. A) (part), 2005) Fuel in vehicles coming into city not taxed. Any person coming into the city in a motor vehicle may transport in the fuel tank of such vehicle, motor vehicle fuel for the person s own use only and for the purpose of operating such motor vehicle without securing a license or paying the tax provided in this chapter. (Ord. O (Exh. A) (part), 2005) Fuel sold or delivered to dealers. A. A dealer selling or delivering motor vehicle fuel to dealers is not required to pay a license tax thereon unless the selling dealer has assumed liability for the payment of the license tax to the city. B. The dealer, in rendering monthly statements to the city as required by Section of this chapter, shall show separately the number of gallons of motor vehicle fuel sold. (Ord. O (Exh. A) (part), 2005) Examinations and investigations. The city, or its authorized agents, may make an examination of accounts, records, stocks, facilities and equipment of dealers, service stations and other persons engaged in storing, selling or distributing motor vehicle fuel within this city and such other investigations as it considers necessary in carrying out the provisions of this chapter. If the examination discloses that reports of dealers or other persons have

92 shown incorrectly the amount of motor vehicle fuel distributed or the tax accruing thereon, the city may make changes in subsequent reports and payments of such dealers or other persons or may make such refunds as may be necessary to correct the errors disclosed. (Ord. O (Exh. A) (part), 2005) Limitation on credit for or refund of overpayment and on assessment of additional tax. A. Except as otherwise provided in this chapter, any credit for erroneous overpayment of tax made by a dealer taken on a subsequent return or any claim for refund of tax erroneously overpaid filed by a dealer must be so taken or filed within three years after the date on which the overpayment was made to the city. B. Except in the case of a fraudulent report or neglect to make a report, every notice of additional tax proposed to be assessed under this chapter shall be served on dealers within three years from the date upon which such additional taxes become due, and shall be subject to penalty as provided in Section of this chapter. (Ord. O (Exh. A) (part), 2005) Use of tax revenues. A. The city manager and his or her designated representative shall be responsible for the disposition of the revenue from the tax and penalties imposed by this chapter in the manner provided by this section. B. For the purpose of this section, net revenue means the revenue from the tax and penalties imposed by this chapter remaining after providing for the cost of administration and any refunds and credits authorized herein. C. The net revenue shall be used for the planning, design, construction, maintenance, repair, operation and use of city streets within the city of King City. (Ord. O (Exh. A) (part), 2005) Examining books and accounts of carrier of motor vehicle fuel. The city or its duly authorized agents may, at any time during normal business hours, examine the books and accounts of any carrier of motor vehicle fuel operating within the city for the purpose of enforcing the provisions of this chapter. (Ord. O (Exh. A) (part), 2005) Records to be kept by dealers. Every dealer of motor vehicle fuel shall keep a record in such form as may be prescribed by the city of all purchases, invoices, bills of lading, receipts, sales and distribution of motor vehicle fuel for a period of not less than three years. The records shall include copies of all invoices or bills of all such sales and shall at all times during the business hours of the day be subject to inspection by the city or its authorized officers or agents. (Ord. O (Exh. A) (part), 2005)

93 Title 6 ANIMALS Chapters: 6.04 Animal Control 6.08 Dogs and Cats

94 Chapter 6.04 ANIMAL CONTROL Sections: Definitions Agreement with county Dangerous animals Animals at large Removal of carcasses Removal of animal droppings Violation Penalty Definitions. For purposes of this chapter the following shall apply: Animal means any mammal, bird, reptile or amphibian. Animal at large means an animal off or outside the premises of the owner, not restrained by a rope, line, leash, chain, or other similar means, or not under the immediate control, restraint or command of an owner thereof. If an animal is not restrained by a tether of some kind, or is not at heel, the animal shall be deemed at large. Dangerous animal means any animal that has, due to the lack of the exercise of proper and adequate supervision and control by its owner, done an act harmful in its character, to human beings or other animals, regardless of whether done in a playful or hostile manner. (Ord (5 7), 1987) Agreement with county. The city has entered into an intergovernmental agency agreement with the county regarding dog control. The provisions of Sections through of this chapter are intended to supplement the regulatory provisions available to the city through that agreement. Specifically, the impoundment provisions of the county dog control ordinance will be utilized to implement impoundment requirements and procedures referred to in Sections through of this chapter. (Ord , 1987) Dangerous animals. No owner or person in charge of an animal shall permit an animal which is dangerous to the public health or safety to be exposed in public. If the animal is exposed in public, it may be taken into custody by the city and disposed of in accordance with the procedures provided by ordinance for the impoundment of dogs; except that before the animal is released by the city, a municipal judge must find that proper precautions will be taken to insure the public health and safety. (Ord , 1987) Animals at large. No owner or person in charge of an animal shall permit the animal to be at large. Animals at large may be taken into custody by the city and disposed of in accordance with the procedures provided by ordinance for the impoundment of dogs. (Ord , 1987) Removal of carcasses. No person shall permit an animal carcass owned or controlled by him, to remain upon public property, or to be exposed on private property, for a period of time longer than twenty-four hours. (Ord , 1987)

95 Removal of animal droppings. No person shall permit animal droppings from an animal owned or controlled by him to remain upon public property or to be exposed on private property for a period of time longer than twenty-four hours. (Ord , 1987) Violation Penalty. A. Any person or persons who shall be convicted of being the owner or keeper of a nuisance, or otherwise guilty of a violation of any of the provisions of this chapter, commits a civil infraction and shall be fined as required by the city s schedule of fees and penalties as approved through resolution of the city council. B. Each day s violation of a provision of this chapter constitutes a separate offense. C. The abatement of a nuisance is not a penalty for violating this chapter, but is an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate the nuisance as provided in Chapter 8.04 of this code; however, abatement of a nuisance within ten days of the date of notice to abate, or if a written protest has been filed, then abatement within ten days of council determination that a nuisance exists will relieve the person responsible from the imposition of any fine under subsection A of this section. (Ord. O , 1994; Ord (part), 53 (part), 1987) Chapter 6.08 DOGS AND CATS Sections: Adoption of county dog control ordinance Amendments to county dog control ordinance Cat control Violation Penalty Adoption of county dog control ordinance. A. The dog control ordinance of the county, being Ordinance No. 306, enacted June 11, 1985, by the board of county commissioners, and effective July 1, 1985, is by this reference incorporated into this chapter and made a part hereof as the dog control ordinance of the city, except as specifically amended, modified or deleted in this chapter, and shall be known and pled as the city dog control ordinance. Violation of Ordinance No. 306 shall be an offense against this city. B. One copy of the county Ordinance No. 306, and any amendments thereto shall be kept on file in the office of the city. (Ord. O , 1990) Amendments to county dog control ordinance. Amendments and changes to the county Ordinance No. 306 are as follows: A. References to Washington County, Board of County Commissioners, County Counsel, District Court, District Judge, are amended to read City of King City, King City Council, City Attorney, Municipal Judge, Municipal Court Judge. B. Section 3. Definitions A.4. Dog control officer is amended to read as follows: Dog control officer means any peace officer of Washington County. C. Section 12, the repealing clause is deleted. D. Section 17, relating to the effective date is deleted. (Ord. O , 1990) Cat control. It is unlawful for the owner, possessor or keeper of any cat to permit such animal to run or be at large, whether such animal is licensed or not. A cat shall be deemed to be at large within the meaning of this chapter when it is either: A. On the premises of a person other than the owner, possessor or keeper of such animal, without the consent of an occupant of such premises; or

96 B. In or upon a vehicle without the consent of the owner or possessor of such vehicle; or C. In or on a public or private golf course whether under control of a possessor or keeper; or D. On a public street or sidewalk except when under control of the owner, possessor or keeper by leash or other means of physical restraint. E. Procedure for a person to abate nuisance of unrestrained cat at large or dangerous cat. 1. A cat capturing device may be obtained from Washington County Dog Control Office. 2. When an individual has captured cat(s), the individual shall remove the captured cat(s) to the Washington County Dog Control Office and abide by the procedures of the dog control authority. 3. Fees for rental or capturing devices shall be set by Washington County Dog Control Authority and will be the obligation of the individual obtaining the device. (Ord. O , 1991; Ord. O , 1990) Violation Penalty. Any person violating any of the provisions of this chapter, upon conviction thereof, may be punished by a fine as required by the city s schedule of fees and penalties as approved through resolution of the city council. Each day any person is found to be in violation of this chapter shall be deemed a separate offense. (Ord. O , 1994: Ord. O , 1990)

97 Title 7 (RESERVED)

98 Title 8 HEALTH AND SAFETY Chapters: 8.04 Nuisances 8.08 Open Burning 8.12 Smoking Restrictions 8.16 Solid Waste Disposal 8.20 Commercial Garbage Containers

99 Chapter 8.04 NUISANCES Sections: Definitions Nuisances affecting public health Creating a hazard Attractive nuisances Noxious vegetation Scattering rubbish Hazardous trees and shrubs Incomplete construction Fences Drainage of surface and groundwater Radio and television interference Junk Noise Miscellaneous nuisances Abatement procedure Notice Abatement by person responsible Joint responsibility Abatement by city Assessment of abatement costs Summary abatement Violation Penalty Definitions. For purposes of this chapter, the following definitions shall apply: Person means a natural person, firm, partnership, association or corporation. Person in charge of property means an agent, occupant, lessee, contract purchaser or other person having possession or control of property or the supervision of any construction project. Person responsible means the person responsible for abating a nuisance and shall include: 1. The owner; 2. The person in charge of property, as defined in this section; 3. The person who caused to come into or continue in existence a nuisance as defined in this chapter or another ordinance of the city. Public place means a building, way, place or accommodation, whether publicly or privately owned, open and available to the general public. (Ord (1 4), 1987) Nuisances affecting public health. No person shall cause or permit on property owned or controlled by him a nuisance affecting public health. The following are nuisances affecting public health and may be abated as provided in this chapter: A. Privies. Open vaults or privies constructed and maintained within the city, except those constructed or maintained in connection with construction projects in accordance with the health division regulations. B. Debris. Accumulations of debris, rubbish and other refuse that are not removed within forty-eight hours or such longer time as may be authorized by a permit issued by the city administrator, and that affect the health of the city. C. Stagnant Water. Stagnant water which affords a breeding place for mosquitos and other insect pests. D. Water Pollution. Pollution of a body of water, well, spring, stream or drainage ditch by sewage, industrial wastes or other substances placed in or near the water in a manner that will cause harmful material to pollute the water. E. Food. Decayed or unwholesome food which is offered for human consumption. F. Odor. Premises or air emissions which are in such a state or condition as to cause a noxious odor and which are in such an unsanitary condition as to cause or be capable of causing physical illness. G. Surface Drainage. Drainage of liquid wastes from private premises. Liquid wastes means putrescible and nonputrescible wastes including by example, sewage, sludge, septic tank pumpings, com-

100 mercial and industrial liquid wastes, vegetable and animal semisolid wastes, but not including materials used for fertilizer or for other productive purposes. H. Cesspools. Cesspools or septic tanks which are in an unsanitary condition or which cause an offensive odor. I. Solid Wastes. Such wastes as defined in ORS (24). (Ord. O , 1990; Ord , 1987) Creating a hazard. No person shall create a hazard by: A. Maintaining or leaving in a place accessible to children a container with a compartment of more than one and one-half cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot easily be opened from the inside; or B. Being the owner or otherwise having possession of property upon which there is a well, cistern, cesspool, excavation, or other hole of a depth of four feet or more and a top width of twelve inches, or more, fail or refuse to cover or fence it with a suitable protective construction; or C. Maintaining or permitting a sidewalk that is hazardous to pedestrians due to, but not limited to, breaks or cracks in the concrete, growing grass upon the sidewalk surface, variations in level greater than three-quarters of an inch, excluding steps, or permitting undue buildup of snow or ice after receiving notice from the city to remove the same. (Ord , 1987) Attractive nuisances. A. No owner or person in charge of property shall permit thereon: 1. Unguarded machinery, equipment or other devices which are attractive, dangerous and accessible to children; 2. Lumber, logs or piling placed or stored in a manner so as to be attractive, dangerous and accessible to children; 3. An open pit, quarry, cistern or other excavation without safeguards or barriers to prevent such places from being used by children. B. This section shall not apply to authorized construction projects with reasonable safeguards to prevent injury or death to playing children, or to premises or conditions protected by a fence of at least forty-eight inches in height. (Ord , 1987) Noxious vegetation. A. The term noxious vegetation does not include vegetation that constitutes an agricultural crop, unless that vegetation is a health hazard or a fire or traffic hazard within the meaning of subsection B of this section. B. The term noxious vegetation includes: 1. Weeds more than six inches high; 2. Grass more than six inches high and not within the exception stated in subsection A of this section; 3. Poison oak; 4. Poison ivy; 5. Blackberry bushes that extend into a public thoroughfare or across a property line; 6. Vegetation that is: a. A health hazard, b. A fire hazard because it is near other combustibles, or c. A traffic hazard because it impairs the view of a public thoroughfare or otherwise makes use of the thoroughfare hazardous. C. No owner or person in charge of property may allow noxious vegetation to be on the property or in the right-of-way of a public thoroughfare abutting on the property. It shall be the duty of an owner or person in charge of property to cut down or to destroy grass, shrubbery, brush, bushes, weeds or other noxious vegetation as often as needed to prevent them from becoming unsightly, from becoming a fire hazard, or in the case of weeds or other noxious vegetation, from maturing or from going to seed. D. The city recorder may cause to be published once per week for three consecutive weeks in a newspaper of general circulation in the city a copy of subsection C of this section as a notice to all owners and

101 persons in charge of property of their duty to keep their property free from noxious vegetation. The notice shall state that the city intends to abate all such nuisances ten or more days after the date of the final publication of the notice and to charge the cost of doing so on any particular parcel of property to the owner thereof, the person in charge thereof or the property itself. E. If the notice provided for in subsection D of this section is used, it shall be in lieu of the notice required by Section of this chapter. (Ord , 1987) Scattering rubbish. No person shall deposit upon public or private property any kind of rubbish, trash, debris, refuse or any substance that would mar the appearance, create a stench or fire hazard, detract from the cleanliness or safety of the property, or would be likely to injure a person, animal or vehicle traveling upon a public way. (Ord , 1987) Incomplete construction. No owner or person in charge of property shall fail to complete exterior construction of any structure built pursuant to a building permit within the period of the permit or any written extensions thereof. Exterior construction means construction completed to the extent that the structure is closed to outside elements by virtue of completed walls, windows, doors, roofs and the like. (Ord , 1987) Fences. A. No owner or person in charge of property shall construct or maintain a barbed-wire fence thereon, or permit barbed-wire fence to remain as part of a fence along a sidewalk or public way; except such wire may be placed above the top of other fencing not less than six feet, six inches high. B. No owner or person in charge of property shall construct, maintain or operate an electric fence along a sidewalk or public way or along the adjoining property line of another person. (Ord , 1987) Hazardous trees and shrubs. A. No owner or person in charge of property that abuts upon a street or public sidewalk shall permit trees or bushes on his property to interfere with street or sidewalk traffic. It shall be the duty of an owner or person in charge of property that abuts upon a street or public sidewalk to keep all trees and bushes on his premises, including the adjoining parking strip, trimmed to a height of not less than eight feet above the sidewalk and not less than twelve feet above the roadway, and to trim shrubs so as not to extend over the edge of the sidewalk. B. No owner or person in charge of property shall allow to stand a dead or decaying tree that is a hazard to the public or to persons or property on or near the property. (Ord , 1987) Drainage of surface and groundwater. A. No owner or person in charge of a building or structure shall suffer or permit rainwater, ice or snow to fall from the building or structure onto a street or public sidewalk or to flow across the sidewalk. B. The owner or person in charge of property shall install and maintain in proper state of repair adequate drainpipes or a drainage system, so that any overflow water accumulating on the roof is not carried across or upon the sidewalk. C. Any owner or person in charge of property who may have occasion to dispose of any groundwater that may accumulate on the premises shall dispose of such water in a manner that prevents such water from directly crossing the sidewalk or entering onto the land of another. Such waters may be disposed of into the city s storm drainage system. (Ord , 1987)

102 Radio and television interference. A. No person shall operate or use an electrical, mechanical or other device, apparatus, instrument or machine that causes reasonably preventable interference with radio or television reception by a radio or television receiver of good engineering design. B. This section does not apply to devices licensed, approved and operated under the rules and regulations of the Federal Communications Commission. (Ord , 1987) Junk. A. No person shall keep any junk outdoors on any street, lot or premises, or in a building that is not wholly or entirely enclosed, except doors used for ingress and egress. B. The term junk as used in this section includes all inoperable motor vehicles, motor vehicle parts, abandoned automobiles, inoperable machinery, machinery parts, appliances or parts thereof, iron or other metal, glass, paper, soils, yard debris or discarded material. (Ord , 1987) Noise. A. Prohibited Noise. No person, firm, corporation or association shall cause or permit a noise to exceed the following intensity when measured at the nearest noise receiving structure (i.e., living, sleeping or eating area of a residence, office or similar areas), and sound deadening buffers shall be installed by the contractor or homeowner, if necessary, to meet the required permitted noise levels. Maximum Permitted Sound Level Decibels Hours: 7 a.m. to 7 p.m. 7 p.m. to 7 a.m. 55 dba 45 dba For purposes of enforcing this provision, sound measurements shall be made with a sound level meter meeting the requirements of a Type I or Type II meter as specified in ANSI Standard The sound level meter shall contain at least an A-weighted scale and contain both fast and slow meter response capability. B. Exemptions. The following noise sources or devices are exempt from the seven a.m. to seven p.m. decibel level provisions (only) of subsection A of this section: 1. Noise-making devices which are maintained and utilized solely to serve as warning devices; and 2. Noise caused by or directly related to the construction or repair of structures for which a building permit is required; and 3. Equipment or devices used for yard preparation or maintenance including but not limited to, lawn mowers, hedge clippers, trimmers and other related equipment; and C. Exemptions. The following noise sources or devices are exempt from the seven p.m. to seven a.m. decibel level provisions (only) of subsection A of this section: 1. Noise-making devices which are maintained and utilized solely to serve as warning devices; and 2. Noise caused by or directly related to emergency repairs. D. Exemptions. The following noise sources or devices are exempt form the decibel level provisions (only) of subsection A of this section between the hours of six a.m. to seven p.m., during daylight savings time only: 1. Equipment and devices used for maintenance and groundskeeping requirements on the city golf course. (Ord. O , 1995: Ord. O , 1993; Ord. O , 1993) Miscellaneous nuisances. A. The acts, conditions or objects specifically enumerated and defined in Sections to of this chapter are declared public nuisances; and such acts, conditions or objects may be abated by any of the procedures set forth in Sections through of this chapter. B. In addition to the nuisances specifically enumerated within this chapter, every other thing, substance or act which is determined by the council to be

103 injurious or detrimental to the public health, safety or welfare of the city is declared a nuisance and may be abated as provided in this chapter. (Ord , 1987) Abatement procedure Notice. A. Upon determination by the council that a nuisance exists, the council shall cause a notice to be posted on the premises or at the site of the nuisance, directing the person responsible to abate the nuisance. B. At the time of posting, the city administrator shall cause a copy of the notice to be forwarded by registered or certified mail, postage prepaid, to the person responsible at his last known address. C. The notice to abate shall contain: 1. A description of the real property, by street address or otherwise, on which the nuisance exists; 2. A direction to abate the nuisance within ten days from the date of the notice; 3. A description of the nuisance; 4. A statement that, unless the nuisance is removed, the city may abate the nuisance and the cost of abatement will be charged to the person responsible; 5. A statement that failure to abate a nuisance may warrant imposition of a fine or jail sentence; 6. A statement that the person responsible may protest the order to abate by giving notice to the city administrator within ten days from the date of the notice. D. Upon completion of the posting and mailing, the persons posting and mailing shall execute and file certificates stating the date and place of the mailing and posting, respectively. E. An error in the name or address of the person responsible shall not make the notice void and in such case the posted notice shall be sufficient. (Ord , 1987) Abatement by person responsible. A. Within ten days after the posting and mailing of such notice, as provided in Section , the person responsible shall remove the nuisance or show that no nuisance exists. B. A person responsible, protesting that no nuisance exists, shall file with the city administrator a written statement which shall specify the basis for so protesting. C. The statement shall be referred to the city council as a part of its regular agenda at its next succeeding meeting. At the time set for consideration of the abatement, the person protesting may appear and be heard by the council, and the council shall determine whether or not a nuisance in fact exists, and the determination shall be entered in the official minutes of the council. Council determinations shall be required only in those cases where a written statement has been filed as provided. D. If the council determines that a nuisance does in fact exist, the person responsible shall, within ten days after the council determination, abate the nuisance. (Ord , 1987) Joint responsibility. If more than one person is a person responsible, they shall be jointly and severally liable for abating the nuisance or for the costs incurred by the city in abating the nuisance. (Ord , 1987) Abatement by city. A. If, within the time allowed, the nuisance has not been abated by the person responsible, the council may cause the nuisance to be abated. B. The officer charged with abatement of the nuisance shall have the right at reasonable times to enter into or upon property to investigate or cause the removal of a nuisance. C. The city administrator shall keep an accurate record of the expense incurred by the city in physically abating the nuisance and shall include therein a charge of fifteen dollars or fifteen percent of those expenses

104 (whichever is the greater) for administrative overhead. (Ord , 1987) Assessment of abatement costs. A. The city administrator, by registered or certified mail, postage prepaid, shall forward to the person responsible a notice stating: 1. The total cost of abatement, including the administrative overhead; 2. That the cost as indicated will be assessed to and become a lien against the property unless paid within thirty days from the date of the notice; 3. That if the person responsible objects to the cost of the abatement as indicated, he may file a notice of objection with the city administrator not more than ten days from the date of the notice. B. Upon the expiration of ten days after the date of the notice, the council, in the regular course of business, shall hear and determine the objection to the costs assessed. C. If the costs of the abatement are not paid within thirty days from the date of the notice, an assessment of the costs, as stated or as determined by the council, shall be made by resolution and shall thereupon be entered in the docket of city liens; and, upon such entry being made, shall constitute a lien upon the property from which the nuisance was removed or abated. D. The lien shall be enforced in the same manner as liens for street improvements are enforced and shall bear interest at the rate of seven percent per year. The interest shall commence to run from the date of the entry of the lien in the lien docket. E. An error in the name of the person responsible shall not void the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void, but it shall remain a valid lien against the property. (Ord , 1987) Summary abatement. The procedure provided by this chapter is not exclusive, but is in addition to procedure provided by other ordinances. The chief of police or any other city official may proceed summarily to abate a health or other nuisance which unmistakably exists and which imminently endangers human life or property. (Ord , 1987) Violation Penalty. A. Any person or persons who shall be convicted of being the author or keeper of a nuisance, or otherwise guilty of a violation of any of the provisions of this chapter, commits a civil infraction and shall be fined as required by the city s schedule of fees and penalties as approved through resolution of the city council. B. Each day s violation of a provision of this chapter constitutes a separate offense. C. The abatement of a nuisance is not a penalty for violating this chapter, but is an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate the nuisance as provided in this chapter; however, abatement of a nuisance within ten days of the date of notice to abate, or if a written protest has been filed, then abatement within ten days of council determination that a nuisance exists will relieve the person responsible from the imposition of any fine under subsection A of this section. (Ord. O , 1994; Ord (part), 53 (part), 1987) Chapter 8.08 OPEN BURNING Sections: Definition Permit required Enforcement Penalty.

105 Definition. Open burning means any burning conducted in such a manner that combustion air is not effectively controlled and that combustion products are not vented through a stack or chimney, including, but not limited to, burning conducted in open outdoor fires, common burn barrels and backyard incinerators. (Ord. 75 1, 1980) Permit required. No one, within the boundaries of the city, without the express written permission of this city and the fire chief of the Tualatin Rural Fire Protection District or his authorized officer, shall cause or permit to be initiated or maintained on his own property, or cause to be initiated or maintained on the property of another, any open burning as is defined in Section of this chapter. (Ord. 75 2, 1980) Enforcement Penalty. A. The Tualatin Rural Fire Protection District shall be responsible, and is granted authority, for the enforcement of this chapter. B. Violation of this chapter is punishable, upon conviction, by a fine as required by the city s schedule of fees and penalties as approved through resolution of the city council. (Ord. O , 1994; Ord. 75 3, 1980) Chapter 8.12 SMOKING RESTRICTIONS Sections: Definitions Smoking in meetings Smoking in public buildings Violation Penalty Definitions. As used in this chapter: Meeting means any regular or special public meeting, workshop, session, or hearing of a public body of the city conducted in buildings or rooms rented, leased, owned, or used by the city, regardless of whether a quorum is present or is required. (ORS (1)(a)). Public body means the city council, the planning commission and any other commission, committee, agency or body established, appointed or designated by the city council. Public building means any building or portion thereof owned, leased or otherwise used or occupied by the city for the conduct of municipal government. Smoking instrument means any cigar, cigarette, pipe or any other smoking equipment. (Ord. O , 1990) Smoking in meetings. No person shall smoke or carry a lighted smoking instrument in a room where a public meeting is being held or is to continue after a recess. (Ord. O , 1990) Smoking in public buildings. No person shall smoke or carry any lighted smoking instrument in a public building. (Ord. O , 1990) Violation Penalty. Violation of this chapter is punishable by a fine as required by the city s schedule of fees and penalties as approved through resolution of the city council. (Ord. O , 1994: Ord. O , 1990)

106 Chapter 8.16 SOLID WASTE DISPOSAL Sections: Purpose of chapter Definitions Franchise required for collection Collection equipment requirements Disposal sites Collection schedules Collector Seasonal pickups Collection rates Insurance or bond in lieu of fee Collection area Containers Ownership of solid waste Collector Recycling Council duties Contracts Council Additional duties Violation Penalty Franchise fee Purpose of chapter. The council finds that it is a governmental obligation to provide for the safe, efficient and dependable collection and removal of solid waste within the city to protect the health, peace and safety of the inhabitants of the city from disease and reduction in property values that could occur from accumulated unremoved solid waste. The council further finds that it is a proper and necessary exercise of its police powers to adopt and enforce a solid waste management program to: A. Insure safe accumulation, storage, collection, transportation, disposal or resource recovery of solid waste; B. Insure maintenance of a financially stable, reliable solid waste collection and disposal service; C. Insure rates that are just, fair, reasonable and adequate to provide necessary service to the public; D. Prohibit rate preference and other discriminatory practices which benefit one user at the expense of other users of the service or the general public; E. Conserve energy and material resources; F. Eliminate overlapping service to reduce truck traffic, street wear, air pollution and noise; G. Provide standards for solid waste service and public responsibilities; and H. Provide to each resident and inhabitant the opportunity to recycle recyclable materials generated within the city. (Ord. O , 1988) Definitions. For purposes of this chapter, the following definitions shall apply: Collector means the franchisee under this chapter. Compensation means and includes: 1. Any type of consideration paid for services including, without limitation, rent, lease payments, and any other direct or indirect provision for the payment of money, goods, services or benefits by owners, tenants, lessees, occupants or similar persons; 2. The exchange of services between persons; and 3. The flow of consideration from the person owning or possessing the solid waste to the person providing the service or from the person providing the service to the person owning or possessing the solid waste. Council means the city council of the city. Franchise means the right to provide service granted to a person pursuant to this chapter. Person means any individual, partnership, association, corporation, trust, firm, estate, joint venture, or other public or private legal entity. Putrescible material means organic materials that can decompose and may give rise to foul smelling, offensive odors or products. Recyclable materials mean solid waste that can be recycled or reused. Recycling means any process by which solid waste materials are transformed into new products in such a manner that the original products lose their identity. Resource recovery means the process of obtaining useful material or energy resources from solid

107 waste and including energy recover, materials recovery, recycling and reuse of or from solid waste. Reuse means the return of a commodity into the economic stream for use in the same kind of application as before without a change in its identity. Service means the collection, storage, transportation, transfer or disposal of, or resource recovery from, solid waste. Solid waste means all wastes, in solid or liquid form, including but not limited to, garbage, rubbish, ashes, street refuse, waste paper, corrugated and cardboard, commercial, industrial, demolition and construction wastes, swill, discarded vehicle parts, discarded home and industrial appliances, vegetable or animal solid and semisolid wastes, small dead animals, and other wastes. It does not include sewage, sewage sludge, or sewage hauled as an incidental part of a septic tank or cesspool cleaning service. Waste means material that is no longer wanted by or usable by the source generator or producer of the material and which material is to be disposed of or to be resource recovered by another person, and includes both source separated material and nonsource separated material. (Ord. O , 1988) Franchise required for collection. Except as otherwise provided in this chapter, it is unlawful for any person to provide service, offer to provide service or advertise for the performance of service or to collect solid waste or recyclable materials in the city without having obtained a franchise from the city. Nothing in this chapter is to be construed to prevent any resident or household of the city from hauling his or her own solid waste or refuse and disposing of the same in a lawful manner; provided, however, that no resident or householder shall be permitted to haul solid waste for another person. (Ord. O , 1988) Collection equipment requirements. The collector shall use proper and suitable equipment for the hauling and transportation of solid waste. All equipment for handling solid waste, ashes, and rubbish shall be covered and all equipment for handling liquids shall be equipped with a metal body, watertight and drip-proof. All equipment shall be kept clean at all times. Sufficient equipment shall be kept on hand to promptly and adequately remove all solid waste subject to the terms of this chapter. Employees of the collector shall be attired in neat and proper uniforms. (Ord. O , 1988) Disposal sites. The collector shall secure, at his own expense, an approved location for the disposal of solid waste collected from the city, and the collector shall conform to all rules, regulations and requirements of any public authority or agency having jurisdiction over any such disposal site or sites. (Ord. O , 1988) Collection schedules. The collector shall provide collections of solid waste at least weekly in all residential districts of the city. The collector may provide collection services on legal holidays and Sundays, however, Sunday service shall be limited to emergency pickup of a commercial account in response to a request made by a commercial customer. No collection shall be made at any hour when the collection would disturb the peace or sleep of the residents. The collector shall perform his obligations under this chapter under the supervision and to the satisfaction of the city manager in compliance with all sanitary regulations of the city and of the state. (Ord. O , 1988) Collector Seasonal pickups. The collector shall provide an optional monthly yard debris collection service in all residential districts of the city including providing a yard debris cart to each customer who chooses yard debris service to place on the curb on collection day. The rates for this service shall be established pursuant to Section of this chapter. (Ord. O , 2005: Ord. O , 1988) Collection rates. A. The rates to be charged to all persons, firms or corporations by the collector shall be reasonable and uniform, taking into consideration the service

108 rendered, and shall be in substantial compliance with and not in excess of those rates adopted by resolution of the council. B. The collector shall provide pro rata billing to those customers requesting temporary suspension of service. The collector shall suspend service when notified via a telephone call or a written request no less than ten days before the designated pickup date on which suspension is to begin. The suspension of service must be for a period of time involving no less than two successive pickup dates. Notice requesting suspension of service must include the date on which service is to be resumed. C. Nothing in this section shall be construed to limit, modify or preclude the right on the part of the city to amend this chapter to regulate or provide other or different rates or prescribe additional classifications and charges, provided that rate changes or classifications shall not become effective except thirty days after enactment and shall be reasonable in consideration of service required to be rendered by the collector to the public. D. The collector shall prepare an annual report by March 1st of each year. The collector may once a year request that the city amend this chapter to provide an adjustment of rates to reflect changes in the collector s costs. These annual requests shall be made during March of each year in which an adjustment is requested utilizing the annual report format prescribed by the city. The annual report shall provide an opportunity for the collector to document changes in the collector s costs of operation in rates at any other time if the collector s disposal costs increase by twenty-five percent or more over the existing disposal costs. Unless there is good cause shown and recorded in the minutes of the council, the council shall approve the request, and the adjustment shall take effect thirty days after the council s approval of the request. (Ord. O , 2005; Ord. O , 1995; Ord. O , 1988) Insurance or bond in lieu of fee. A. The collector shall pay, save harmless and indemnify the city from any loss, damages, costs, penalties, expenses, liabilities, or charges of any kind arising out of or related to the city s enforcement or defense of proceedings relating to the privileges and obligations granted by this chapter. If an action shall be filed against the city, either independently or jointly with the collector, to recover for any claim or damages relating to the privileges and obligations granted by this chapter, the collector upon notice to it by the city shall defend the city against the action and in the event of a final judgment being obtained against the city, either independently or jointly with the collector, the collector will pay the judgment and all costs and reasonable attorney fees and hold the city harmless therefrom. B. The collector shall, concurrently with his acceptance of the franchise, file with the city recorder and at all times thereafter maintain in full force and effect for the term of the franchise or any renewal thereof, at the collector s sole expense, a corporate surety bond with a responsible company licensed to do business in the state in the amount of ten thousand dollars guaranteeing full and faithful performance by the collector under this chapter. The bond shall be subject to the review and approval of the city attorney. The collector shall annually furnish proof to the city recorder that the bond remains in effect. C. The collector shall maintain insurance in such forms and with such companies as shall be approved by the city attorney, which shall cover the collector s business operation, including each vehicle operated by the collector. The insurance coverage shall include not less than one hundred thousand dollars for one person nor less than three hundred thousand dollars for bodily injury due to each occurrence and not less than three hundred thousand dollars for damage to property due to each occurrence. D. All such insurance coverage shall provide a thirty-day notice to the city recorder in the event of material alteration or cancellation of any coverage afforded in the policies prior to the date the material alteration or cancellation shall become effective. Copies of all policies required under this section shall be furnished to and filed with the city recorder not more than thirty days after the effective date of the franchise granted by this chapter. The provisions of this section, any bonds accepted to the city pursuant

109 thereto and any damage recovered by the city under this chapter shall not be construed to excuse unfaithful performance by the collector or limit the liability of the collector under this chapter or the collector for damages, either to the full amount of the bond, or otherwise. (Ord. O (part), 1991; Ord. O , 1991; Ord. O , 1988) Collection area Containers. All solid waste collection and disposal shall be performed by the collector for properties located within the city unless otherwise provided by this chapter. The owner, contract purchaser, or person in control of any residential structure offered to others for rent, lease or occupation within the city shall provide through the collector for the collection and disposal of solid waste from any such structure. Solid waste cans designed for manual pickup shall (1) have sides tapering outward to the opening at the top that provides for unobstructed dumping of the contents, (2) two handles on opposite sides, (3) a close fitting lid with a handle, (4) shall hold no more than thirtytwo gallons of material, and (5) shall not weigh more than sixty pounds. Solid waste cans shall be placed above ground by the owner for collection by the collector. The only exception to the size limitation stated in this section shall be cans provided by Pride Disposal Company for the use of customers consistent with the rate schedule. Sunken refuse cans or containers shall not be used, unless they are placed above ground by the owner for service. (Ord. O , 1993: Ord , 1992: Ord. O , 1990; Ord. O , 1988) Ownership of solid waste. All solid waste located, placed or deposited in a can, container, drop box or receptacle provided by the collector to a customer or placed out by a customer for collection by the collector shall belong to the collector. It is unlawful for any person other than the collector to remove any solid waste from such receptacles. Any person removing such materials in violation of this section shall be subject to the penalties defined in Section of this chapter. (Ord. O , 1988) Collector Recycling. The collector shall provide on-route recycling subject to the following provisions: A. The collector shall collect at least monthly source separated recyclable materials. The collector shall give notice to each person of the opportunity to recycle, encouraging source separation of recyclable materials. B. In the event the council wishes to establish, modify or enlarge the collector s recycling program, the collector shall be given not less than thirty days notice of a hearing before the council on the matter and be given an opportunity to be heard and participate in the hearing. C. If, after the hearing and on the basis of written findings, the council directs recycling be provided, modified or enlarged, the collector shall be given a reasonable opportunity to provide recycling or subcontract with other persons to provide it. D. Nothing in this section shall prevent the collector from modifying or expanding on-route recycling prior to a council hearing and determination. E. Nothing in this section shall prohibit a nonprofit, charitable, benevolent or civic organization from recycling materials which have not been set out for collection by the collector. (Ord. O , 1988) Council duties Contracts. A. The council may suspend, modify, revoke or terminate the franchise granted under the provisions of this chapter after written notice and hearing upon finding that the collector has: 1. Wilfully violated this chapter or ORS Chapter 459 or the rules and regulations promulgated thereunder; or 2. Wilfully refused to provide adequate service after written notice and a reasonable opportunity to do so. B. In any case where the city manager finds a serious danger to public health or safety, the city manager may suspend the franchise without a hearing but shall notify the collector of the reasons for the action and afford the collector the opportunity for a hearing before the council within fourteen days from the date of

110 the suspension. In lieu of immediate suspension, modification or revocation of the franchise, the council may order compliance and make suspension, modification or revocation contingent upon compliance with the order within the time stated in the order. C. The collector agrees as a condition of the franchise that whenever the city manager finds that the failure of service, threatened failure of service, or the need for a suspension of the franchise would result in creation or continuation of an immediate and serious health hazard or serious public nuisance, the council may, after a minimum of twenty-four hours actual notice to the collector and a public hearing if the collector requests it, provide or otherwise authorize another person to provide temporarily the service or provide emergency service. (Ord. O , 1988) Council Additional duties. In addition to all other authority granted to or inherent in the council, the council may issue temporary restraining orders enjoining the alleged violation of any of the provisions of the franchise, this chapter or rules and regulations issued pursuant thereto which order shall direct the alleged violator to immediately cease and desist from an act or acts described in the order until the council determines whether or not a violation has occurred. Before issuing a temporary restraining order, the council must have reasonable grounds to believe that a violation has occurred. In no event shall the council make and issue such an order without first receiving a sworn affidavit containing allegations of the violation, which affidavit shall specify the alleged violation in short and concise language sufficient to apprise the alleged violator of the act or acts to be enjoined. The order shall direct the alleged violator to appear at the time and place stated in the order and show cause, if any, why the alleged violator should not be immediately enjoined from doing the act or acts specified in the order. If the council determines that the alleged violator has committed a violation of this chapter, the council may make and enter an order permanently enjoining further violation. (Ord. O , 1988) Violation Penalty. A. Any person violating the provisions of this chapter shall be subject to a penalty not to exceed one thousand dollars. Each day a violation of this chapter continues shall be deemed a separate violation. In addition to the above penalties, any condition caused or permitted to exist in violation of this chapter shall be deemed to be a public nuisance and the city attorney may, in addition to other remedies provided by law, institute injunction, mandamus, abatement or other appropriate legal proceedings to temporarily or permanently enjoin or abate such violation. Penalties and other remedies may be enforced pursuant to ORS , and The penalties and remedies provided in this chapter are not exclusive and are in addition to any penalties and remedies available to the city under any other ordinance or law. B. In addition to any other remedy available to the city to enforce the provisions of this chapter, the city may impose a charge or fee, not to exceed one thousand dollars per day upon any person who, without complying with the provisions of this chapter, provides service or collects or hauls solid waste or recyclable materials over the streets and ways within the city. Collection of the fee may be enforced by civil proceedings pursuant to ORS (Ord. O , 1988)

111 Franchise fee. Effective July 1, 1991, as compensation for the franchise granted to the franchisee for use of the streets and ways within the corporate limits of the city, the franchisee shall pay to the city a fee equal to three percent of the gross receipts resulting from the solid waste services conducted under the franchise. The franchise fee shall be computed on a quarterly basis and paid within thirty days following the end of each quarterly calendar year. The franchisee shall maintain an adequate record of gross cash receipts resulting from the solid waste services conducted under the franchise. Records shall be open at all times for audit by authorized personnel designed by the city administrator. Wilful misrepresentation of gross cash receipts by the franchisee shall constitute cause for revocation of this franchise pursuant to Section of this chapter. The franchise fee shall be in lieu of any business license or regulatory fee or tax, but shall not be in lieu of any ad valorem tax, imposed by the city. (Ord. O , 1991: Ord. O , 1991: Ord. O , 1988) Chapter 8.20 COMMERCIAL GARBAGE CONTAINERS Sections: Standards for approval Special conditions and enforcement Violation Penalty Standards for approval. A. All commercial garbage receptacles, and covered containers/drop boxes (one yard to thirty yards) located within the residential and commercial zones shall be in an enclosed area on the property or at the building being served and shall be screened from public view unless otherwise specified in this chapter. B. The height of the screening shall not exceed six feet. C. The screen shall enclose the receptacle on all four sides, with one side being a gate, and shall be constructed to be compatible with materials and color of surrounding buildings. D. Chain link fences with slats, wood, or brick or any combination will qualify as appropriate materials. Other commonly used materials may be approved by the planning commission. E. Shrubbery and evergreens will not qualify alone for screening but may be included in addition to materials listed in subsection D of this section. (Ord. O , 1990; Ord. O , 1989) Special conditions and enforcement. A. The homeowner, or property owner, shall assume all responsibility for the safety and maintenance of the containers and screens. No additional garbage or refuse may be visible at any time. B. No commercial sized container or enclosure, visible from the golf course, shall be located on property abutting the golf course. C. In order to place a rented commercial container temporarily on site, the property owner who proposes to rent a commercial container or drop box temporarily for construction, destruction project or for tree removal must notify the city manager to obtain permission to place the drop box on site for a limited period of time. The city manager shall determine if the placement of the container, length of use and maintenance of the facility, is appropriate. If the city manager approves the placement of the drop box/container, the property owner must agree to all conditions as specified by the city manager prior to placement of the container. (Ord. O (A D), 1989)

112 Violation Penalty. It is a violation not to comply with any of the provisions of this chapter. Each noncompliance will be considered a separate violation and each day that a violation exists shall constitute a separate violation. The penalty for each violation shall be a fine as required by the city s schedule of fees and penalties as approved through resolution of the city council. (Ord. O , 1994: Ord. O , 1990; Ord. O (D), 1989)

113 Title 9 PUBLIC PEACE, MORALS AND WELFARE Chapters: 9.04 General Provisions 9.08 Obstructing Governmental Administration 9.12 Offenses Against Public Peace and Decency 9.16 Offenses Against Persons 9.20 Offenses Against Property 9.24 Offenses by or Against Minors 9.28 Weapons and Fireworks 9.32 Curfews for Minors 9.33 Truancy

114 Chapter 9.04 GENERAL PROVISIONS Sections: Adoption of state criminal code Applicability of state criminal code Definitions Offenses outside city limits Soliciting or confederating to violate ordinances Attempt to commit offenses Nuisance abatement Separate violations Violation Penalty Adoption of state criminal code. Provisions of the Oregon Revised Statutes Criminal code relating to defenses and burden of proof, general principles of criminal liability, parties and general principles of justification, shall apply to offenses defined and made punishable by this title. (Ord. O , 1990) Applicability of state criminal code. Offenses set forth in the Oregon Criminal Code of 1971 and adopted by reference by the ordinance codified in this title shall be as they are constituted in the Oregon Criminal Code of 1971, as constituted on October 3, (Ord. O , 1990) Definitions. Except where the context clearly indicates a different meaning, the definitions appearing in the definitional and other sections of particular chapters of the Oregon Criminal Code of 1971, as constituted on October 3, 1989, are adopted by reference and made apart of this title. Except as otherwise provided, provisions of the Oregon Criminal Code of 1971, as constituted on October 3, 1989, relating to classification of offenses and penalties applied to offenses defined and made punishable in this title are adopted by reference and made a part of this title. (Ord. O , 1990) Offenses outside city limits. Where permitted by state law, an act made unlawful by this title shall constitute an offense when committed on any property owned or leased by the city, even though outside the corporate limits of the city. (Ord. O , 1990) Soliciting or confederating to violate ordinances. No person shall solicit aid, abet, employ or engage another or confederate with another to violate a provision of the ordinance codified in this title or any other ordinance of the city. (Ord. O , 1990) Attempt to commit offenses. A person who shall attempt to commit any of the offenses mentioned in this title or any ordinance of the city, but who for any reason is prevented from consummating such act, shall be deemed guilty of an offense. (Ord. O , 1990) Nuisance abatement. No provisions in this title shall preclude the abatement of a nuisance as provided in Title 8 of this code. (Ord. O , 1990) Separate violations. Whenever in this title an act is prohibited, or is made or declared to be unlawful or an offense, or the doing of an act is required or the failure to do an act is declared to be unlawful or an offense, then each day a violation continues shall constitute a separate offense. (Ord. O , 1990) Violation Penalty. Any violation or infraction of this title will be punishable upon conviction according to the Oregon Revised Statutes, if applicable, or as a violation in accordance with Chapter 1.12 of this code. (Ord. O , 1990)

115 Chapter 9.08 OBSTRUCTING GOVERNMENTAL ADMINISTRATION Sections: Obstructing governmental administration Offenses against the state and public justice Tampering with public records Impersonation False reports Interfering with police and fire communications Failure to appear on citation Failure to appear in the second degree Offenses involving fraud or deception Obstructing governmental administration. A. No person shall intentionally obstruct, impair or hinder the administration of law or other governmental function by means of intimidation, force or physical interference or obstacle. B. This section shall not apply to the obstruction of unlawful governmental action or interference with the making of an arrest. (Ord. O , 1990) Offenses against the state and public justice. The following offenses against the state and public justice are adopted by this reference and made a part of this chapter: A. Escape in the third degree, ORS Section (1) and (2); B. Refusing to assist in firefighting operations, ORS Section ; C. Resisting arrest, ORS Section (1) (3); D. Initiating a false report, ORS Section (1). (Ord. O , 1990) Tampering with public records. No person shall, without lawful authority, knowingly destroy, mutilate, conceal, remove, make a false entry in or falsely alter any public record. (Ord. O , 1990) Impersonation. No person shall, with intent to obtain a benefit or to injure or defraud another, falsely impersonate a public servant and do an act in such assumed character. (Ord. O , 1990) False reports. A. No person shall knowingly initiate a false alarm or report which is transmitted to a fire department or law enforcement agency or other organization that deals with emergencies involving danger to life or property. B. No person shall knowingly make or file with the police department or with the city attorney or a police officer engaged in his official duties a false, misleading or unfounded statement or report concerning the violation or alleged violation of a city ordinance or the commission or alleged commission of a crime. (Ord. O , 1990) Interfering with police and fire communications. No person shall operate any generator or electromagnetic wave or cause a disturbance of such magnitude as to interfere with the proper functioning of any police or fire department radio communication system. Violation of this section shall constitute a violation. (Ord. O , 1990) Failure to appear on citation. No person shall wilfully fail to appear before the municipal court pursuant to a citation issued and served under authority of ORS Sections to , and and a complaint is filed. (Ord. O , 1990)

116 Failure to appear in the second degree. A person commits the crime of failure to appear in the second degree if, having by court order been released from custody upon a release agreement or security agreement or continued on release on his own recognizance upon the condition he will subsequently appear personally in connection with a charge against him of having committed a misdemeanor or violation, he intentionally fails to appear as required. (Ord. O , 1990) Offenses involving fraud or deception. The following offenses involving fraud and deception are adopted by this reference and made a part of this chapter: Negotiating a bad check, ORS Section (1) and (2). (Ord. O (part), 1990) Chapter 9.12 OFFENSES AGAINST PUBLIC PEACE AND DECENCY Sections: Offenses against public health and decency Offenses against public order Lodging in car unlawful Public drinking Unnecessary noise Offenses against public health and decency. The following offenses against public health and decency are adopted by this reference and made a part of this chapter: Cruelty to animals, ORS Section , (1) and (2), (1) and (2), (1), (1), , (1) and (2), and (Ord. O , 1990) Offenses against public order. The following offenses against public order are adopted by this reference and made a part of this chapter: A. Disorderly conduct, ORS Section (1); B. Harassment, ORS Section (1) and (2); C. Abuse of venerated objects, ORS Section (1) and (2); D. Carrying of Concealed Weapon. 1. Except as provided in subdivision (2) of this subsection, any person who carries concealed upon the person any knife having a blade that projects or swings into position by force of a spring or centrifugal force and commonly known as a switchblade knife, any dirk, dagger, ice pick, sling shot, metal knuckles, or any similar instrument by the use of which injury could be inflicted upon the person or property of any other person is in violation of this section. 2. Nothing in subdivision (1) of this subsection applies to any peace officer as defined in ORS Section , whose duty it is to serve process or make arrests. (Ord. O , 1990) Lodging in car unlawful. It is unlawful and a civil violation for any person to lodge in a car or other vehicle. (Ord. O , 1994: Ord. O , 1990) Public drinking. A. No person shall drink or consume intoxicating liquor in a public place or in a motor vehicle in any public place or other public right-of-way. B. It is unlawful for any person to have in his possession while upon any street, sidewalk, or other public right-of-way any bottle, can or other receptacle containing any alcoholic beverage which has been opened or a seal broken or the contents of which have been partially removed. C. Nothing in this section shall be deemed to prohibit drinking of any intoxicating liquor in any establishment wherein the same may be sold for on-premises consumption under the laws of the state, or when a permit has been granted by the common council of the city.

117 D. Violation of this section constitutes a violation. (Ord. O , 1990) Unnecessary noise. No person shall create or assist in creating or permit the continuance of unreasonable noise in the city. The following enumeration of violations of this section is not exclusive, but is illustrative of some unreasonable noises; A. The keeping of an animal which by loud and frequent or continued noise disturbs the comfort and repose of a person in the vicinity constitutes a violation. B. The construction, including excavation, demolition, alteration or repair, of a building other than between the hours of seven a.m. and six p.m., except upon special permit granted by the city constitutes a violation. C. The use or operation of an automatic or electric piano, phonograph, loudspeaker or sound amplifying device so loudly as to disturb persons in the vicinity thereof, or in such manner as renders the same a public nuisance; provided, however, that upon application to the council, permits may be granted to responsible persons or organizations to broadcast programs or music, news, speeches or general entertainment. (Ord. O , 1990) Chapter 9.16 OFFENSES AGAINST PERSONS Sections: Offenses against persons Violating privacy of another Offenses against persons. The following offenses against persons are adopted by this reference and made a part of this chapter: A. Assault in fourth degree, ORS Section (1); B. Menacing, ORS Section (1); C. Recklessly endangering another person, ORS Section (1); D. Assaulting a public safety officer, ORS Section (1); E. Public indecency, ORS Section (1). (Ord. O , 1990) Violating privacy of another. No person other than a peace officer performing a lawful duty shall enter upon land or into a building used in whole or in part as a dwelling not his own without permission of the owner or person entitled to possession thereof, and while so trespassing look through or attempt to look through a window, door or transom of the dwelling or that part of the building used as a dwelling with the intent to violate the privacy of any other person. (Ord. O , 1990) Chapter 9.20 OFFENSES AGAINST PROPERTY Sections: Offenses against property Posted notices Offenses against property. The following offenses against property are adopted by this reference and made a part of this chapter: A. Theft in the second and third degree, ORS Sections (1) and (1); B. Theft of services, ORS Section (1) (3); C. Criminal trespass, second degree, ORS Section (1); D. Criminal trespass, first degree, ORS Section (1); E. Criminal mischief, third degree, ORS Section (1); F. Criminal mischief, second degree, ORS Section (1). (Ord. O , 1990) Posted notices. It is unlawful and a civil infraction for any person to affix a placard, bill, poster, or sign upon personal or real property, private or public, without first obtaining

118 permission from the owner thereof or from the proper public authority. (Ord. O , 1990) Chapter 9.24 OFFENSES BY OR AGAINST MINORS Sections: Child neglect Children confined in vehicles Endangering welfare of a minor Deception by a minor Child neglect. No person having custody or control of a child under ten years of age shall, with criminal negligence, leave the child unattended in or at any place for such period of time as may be likely to endanger the health or welfare of such child. (Ord. O , 1990) Children confined in vehicles. A. No person who has under his control or guidance a child under eight years of age shall lock or confine or leave the child unattended, or permit the child to be locked or confined or left unattended in a vehicle for a period of time longer than fifteen consecutive minutes. B. It is lawful and the duty of a policeman or other peace officer finding a child confined in violation of the terms of this section, to enter the vehicle and remove the child, using such force as is reasonably necessary to effect an entrance to the vehicle where the child may be confined in order to remove the child. C. Violation of this section constitutes a violation. (Ord. O , 1990) Endangering welfare of a minor. A. No person shall: 1. Knowingly sell, or cause to be sold, tobacco in any form to a person under eighteen years of age; 2. Employ a person under eighteen years of age in or about a cardroom, poolroom, billiard parlor, or in any establishment at which any alcoholic liquor is sold for on-premises consumption. B. No person shall solicit, aid, abet, or cause a person under eighteen years of age to: 1. Violate a law of the United States, or a state, or to violate a city or county ordinance; 2. Run away or conceal himself from a person or institution having lawful custody of the minor. (Ord. O , 1990) Deception by a minor. The following offenses involving fraud or deception are adopted by this reference and made a part of this chapter: Misrepresentation of age by a minor, ORS Section (1). (Ord. O (part), 1990) Chapter 9.28 WEAPONS AND FIREWORKS Sections: Discharge of weapons Fireworks Discharge of weapons. A. No person other than a peace officer shall fire or discharge a gun or other weapon, including spring or air actuated pellet guns, air guns, BB guns, or other weapons which propel a projectile by use of gunpowder or other explosive or jet or rocket propulsion. B. No person may shoot a slingshot, bow and arrow or an instrument of any similar type or throw a dagger, spear, stiletto or an instrument of any other type. C. The provisions of this section shall not be construed to prohibit the firing or discharging of a weapon by any person in defense or protection of his property, person or family or at firing ranges approved in writing by the chief of police. (Ord. O , 1990)

119 Fireworks. The following sections of the Oregon Fireworks Law are adopted by reference and made a part of this chapter: ORS Sections , , , (1), and (Ord. O , 1990) Chapter 9.32 CURFEWS FOR MINORS Sections: Title Definitions Curfew Title. This chapter shall be cited as the King City curfew ordinance. (Ord. O , 2005) Definitions. For the purpose of this chapter, the following terms are defined as follows: Minor means a person who is under the age of eighteen years. Parent means the natural or adoptive father or mother of a dependent child or the stepfather or stepmother of a dependent child, when such stepparent has a legal obligation to support the child. Public place means and includes any public roadway or any premises open to the general public, whether the premises are publicly or privately owned and whether or not a fee is charged for use of the premises. (Ord. O , 2005) Curfew. A. No minor person shall be in or upon any street, highway, park, alley, or other public place between the hours specified in subsection B of this section, unless such minor is accompanied by a parent, guardian or other person at least twenty-one years of age and authorized by the parent or by law to have care and custody of the minor; provided, however that nothing contained in this section shall be deemed to apply to any such child while actually engaged in traveling to and from a place of employment, religious activity, school class, or while upon any errand of mercy or emergency, under direction of the parent or guardian or other person at least twenty-one years of age and authorized by the parent or by law, to have care and custody of the minor. B. For the purpose of this section, the applicable hours of curfew shall be: 1. As to minors under fourteen years of age who have not begun high school (the ninth grade), between 9:15 p.m. and six a.m. of the following morning; except that during the months of June, July, and August, the hours shall be between 10:15 p.m. and six a.m. of the following morning. 2. As to minors fourteen years of age or over or who have begun high school (ninth grade), the hours shall be between 10:15 p.m., Sunday, Monday, Tuesday, Wednesday, or Thursday and six a.m. of the following morning. On Friday and Saturday or any day prior to a legal holiday when no school is scheduled for the legal holiday, between midnight and six a.m. of the following morning. During the months of June, July and August, Sunday through Saturday, the hours shall be between midnight and six a.m. of the following morning. C. It is unlawful and a violation of this chapter for any parent or guardian, or person having care or custody of any minor under the age of eighteen years, to permit, or, by failure to control, to allow, such child to be in or remain in or upon, any street, alley, park, or other public place between the hours set forth in subsection B of this section and contrary to the provision of this chapter. Proof that such child was on any street, alley, park, or other public place at a time prohibited shall constitute a prima facie case of a violation of this section. Violation of this section shall be punishable according to Section of this code. D. Police officers shall take into temporary custody any minor violating any provision of this chapter and, for the first violation, shall as soon as practicable thereafter notify the child s parent, guardian or other person responsible for the minor, of the violation, and shall take or send such minor home and release the minor to the custody of the parent, guardian

120 or other responsible person, except where the juvenile court otherwise orders. When a minor repeats a violation of this chapter, such minor may be taken into temporary custody as a juvenile delinquent and may be brought before the Washington County Juvenile Court or in the juvenile court of the county in which the child resides or is found. In such cases, the parents, guardian or other person(s) who are responsible for the care and custody of the minor shall be notified. (Ord. O , 2005) Chapter 9.33 TRUANCY Sections: Regular school hours defined School-aged children to be in school during school hours Authority to detain and inquire Child to be returned to school Additional authority Regular school hours defined. For purposes of this section, regular school hours are the hours of the full-time school that the minor would attend in the school district where the minor resides, on any day that school is in session, or, if the school in the school district of residence is unknown, regular school hours are the school hours of the Tigard-Tualatin School District on any day that school is in session. (Ord. O (part), 2006) School-aged children to be in school during school hours. A minor who is at least seven years of age and under eighteen years of age and who has not completed the 12th grade may not be upon any public property or public right-of-way in the city during regular school hours except while attending school as required by ORS to , unless the minor is: A. Absent from the school with the school s permission, but not including students who have been suspended or expelled; or B. Engaged in a lawful pursuit or activity that requires the minor s presence somewhere other than school during regular school tours, and which is authorized by the parent, guardian, or other persons having legal care and custody of the minor; or C. Lawfully emancipated pursuant to ORS 419B.550 to 419B.558; or D. Exempt from compulsory school attendance pursuant to ORS (Ord. O (part), 2006) Authority to detain and inquire. If a police officer has reasonable suspicion to believe that a minor is in violation of this chapter, the officer is authorized to detain the minor and make reasonable inquiry regarding a potential violation of this chapter. (Ord. O (part), 2006) Child to be returned to school. If a police office has probable cause to believe that a minor is in violation of this chapter, the officer is authorized to return the minor to the custody of the school. If the minor refuses to go to the school, the officer is authorized to take the minor into protective custody. (Ord. O (part), 2006) Additional authority. This chapter is not intended to in any way limit the authority of a police officer to take any other action authorized by law, including taking a minor into protective custody for reasons other than those stated in Section (Ord. O (part), 2006)

121 Title 10 VEHICLES AND TRAFFIC Chapters: General Provisions Parking Off-road Vehicles and Horses Bicycles Moving Oversize Loads Abandoned Vehicles Impounding Vehicles Inventory Procedures Road and Right-of-Way Regulations

122 Chapter GENERAL PROVISIONS Sections: Short title Definitions Powers of the city council Traffic control standards Authority of police and fire department officers Crossing private property Unlawful riding Nonvehicular uses Damaging or obstructing sidewalks and curbs Removing glass and debris Through traffic weight limits Handicapped electric carts Driving with earphones on Violation Penalty Short title. This title may be cited as the city street and traffic ordinance. (Ord. O , 1990) Definitions. In addition to those definitions contained in the Oregon Vehicle Code, the following words or phrases, except where the context clearly indicates a different meaning, shall mean: Automobile means every vehicle designed, used or maintained primarily as a private passenger vehicle and having a gross weight of less than six thousand pounds. Bicycle means a vehicle that: 1. Is designed to be operated on the ground on wheels; 2. Has a seat or saddle for use of the rider; 3. Is designed to travel with not more than three wheels in contact with the ground; 4. Is propelled exclusively by human power; and 5. Has every wheel more than fourteen inches in diameter or two tandem wheels either of which is more than fourteen inches in diameter. Bus stop means a space on the edge of a road designated by sign for use by buses for loading and unloading passengers. Holiday means New Year s Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and any other day proclaimed by the council to be a holiday. Loading zone means a space on the edge of a road designated by sign for the purpose of loading or unloading passengers or materials during specified hours of specified days. Locate means to place or commit to be placed any object, matter or vehicle upon any public road within the city. Motor vehicle means every vehicle that is self-propelled or designed for self-propulsion, including tractors, fork-lift trucks, motorcycles, golf carts, motorized wheelchairs and any other vehicle capable of moving under its own power, notwithstanding that the vehicle may be exempt from licensing under the motor vehicle laws of the state. Nonroad area means any area that is not a road, or a road which is closed to off-road vehicles and posted as such; except that areas commonly held open to vehicular use, such as parking lots, shall not be considered off-road areas. Object means any inanimate object or thing other than a vehicle or automobile. Off-road vehicle means every self-propelled motor vehicle designed or capable of traversing on or over natural terrain, including but not limited to, snowmobiles, minibikes, motorcycles, four-wheel drive trucks, pickups, all-terrain vehicles, jeeps, half-trucks, helicopters and automobiles. The definition of off-road vehicles does not include, unless used for purposes prohibited by this title, farm vehicles, nor does it include military, fire, emergency or law enforcement vehicles used for legal purposes. Owner means, when referring to the owner of the vehicle: 1. The person who holds the certificate of title and the registration for a vehicle and who is entitled to possession and use of the vehicle; or 2. If the certificate of title, registration and right to possession and use of a vehicle are in different per-

123 sons, the person, other than a security interest holder or lessor, entitled to the possession and use of the vehicle under a security agreement or a lease that has a term of ten or more successive days. Park or parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading of property or passengers. Pedestrian means any person afoot or confined to a wheelchair. Person means a natural person, firm, partnership, association or corporation. Police officer means any person authorized directly or by contract to provide police services for the city. Road means every public way, road, street, thoroughfare and place, including bridges, viaducts and other structures within the boundaries of this state, open, used or intended for use of the general public for vehicles or vehicular traffic as a matter of right. Taxicab stand means a space on the edge of a road designated by sign for use by taxicabs. Traffic lane means that area of the road used for the movement of a single line of traffic. Vehicle means any device in, upon or by which any person or property is or may be transported or drawn upon a public street including vehicles that are propelled or powered by any means, including bicycles; i.e., boats, trailers, campers, recreational vehicles, or vans. (Ord. O , 1990; Ord. O , 1990) Powers of the city council. Subject to state laws, the city council shall exercise all municipal traffic and road authority for the city except those powers specifically and expressly delegated in this title or by another ordinance. The authority shall be carried out by resolution of the council. (Ord. O , 1990) Traffic control standards. All regulations of the city council or its designate shall be based upon: A. Traffic engineering principles and traffic investigations; B. Standards, limitations and rules promulgated by the Oregon Transportation Commission; C. Other recognized traffic control standards. (Ord. O , 1990) Authority of police and fire department officers. A. It is the duty of police officers and other designated persons to enforce the provisions of this title. B. In the event of a fire or other public emergency, officers of the police and fire department or such persons as they may designate, may direct traffic as conditions require or install temporary traffic control devices, notwithstanding the provisions of this title. (Ord. O , 1990) Crossing private property. No operator of a vehicle shall proceed from one road to an intersecting road by crossing private property. This provision shall not apply to the operator of a vehicle who stops on the property for the purpose of procuring or providing goods or services. (Ord. O , 1990) Unlawful riding. A. No operator shall permit a passenger and no passenger shall ride on a vehicle upon a road except on a portion of the vehicle designed or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty, or to a person riding within a truck body in space intended for merchandise. B. No person shall board or alight from a vehicle while the vehicle is in motion upon a road. (Ord. O , 1990) Nonvehicular uses. A. Except as provided in this section, or in posted, authorized areas, no person shall use any public or private road or sidewalk of the city for travelling on skis, sleds, skateboards, rollerblades, go-carts, mini bikes or other similar devices. B. Golf carts, as the term is defined in ORS Section , not licensed by the state, shall be permitted the use of all public roads in the city during day-

124 light hours. No such permission is intended or implied for any public way other than those within the boundaries of the city. C. Such conveyances shall at all times be operated in a safe and prudent manner, obeying the basic rules of traffic and keeping well to the right in the regular traffic pattern as a slow moving vehicle. The conveyance may also display the emblem denoting a slow moving vehicle. All roads shall be posted with appropriate signs notifying vehicle operators that the road may be used by golf carts. D. Operation of these conveyances shall be totally the risk and responsibility of the operator. The city, by the ordinance codified in this title of permission and designation, shall assume no responsibility for the operation of the vehicle, and shall be held harmless in any action arising from the operation of such conveyances on or off any public way in the city. E. The prohibitions of subsection A of this section shall not apply within Jordan Way. (Ord , 3, 1996; Ord , 3, 1996; Ord. O , 2, 1995; Ord. O , 1990) Damaging or obstructing sidewalks and curbs. A. The operator of a motor vehicle shall not drive upon a sidewalk or roadside planting strip except to cross a permanent or temporary driveway. B. No unauthorized person shall place dirt, wood or other material in the gutter or space next to the curb or a street with the intention of using it as a driveway. C. No person shall remove a portion of a curb or place a motor vehicle or device drawn by a motor vehicle upon or over a curb or sidewalk without first obtaining authorization from the city under Section of this title and posting bond if required. A person who causes damage shall be held responsible for the cost of repair. (Ord. O , 1990) Removing glass and debris. A party to a vehicle accident or a person causing broken glass or other debris to be upon a street shall immediately remove or arrange for the removal of the glass and other debris from the street. This includes a tow vehicle operator (reference ORS Section ). (Ord. O , 1990) Through traffic weight limits. A. Except as provided in subsection B of this section, no owner or operator of a motor vehicle with a gross empty weight greater than twenty thousand pounds shall be permitted to drive, operate or pass upon or through the streets of the city. The chief of police is authorized to post such signs at or near the entry points to the city and upon appropriate city streets as will notify owners and operators of this access restriction. B. The restrictions of subsection A of this section shall not apply to the following motor vehicles: 1. Public transit vehicles; 2. Municipal vehicles, street or utility construction and servicing vehicles, garbage trucks and emergency vehicles; 3. Vehicles making direct deliveries to city residences, businesses or recreational establishments or public buildings. (Ord. O , 1990) Handicapped electric carts. For safety reasons, fluorescent caution flags are required on handicapped electric carts. (Ord. O , 1990) Driving with earphones on. A. No person shall operate a motor vehicle or bicycle upon a highway as defined in ORS Section while one or both of the person s ears are covered or occupied by headphones or earphones. Police officers monitoring police radio traffic shall be exempt from this section. B. Penalty. Violation of this section shall be deemed equivalent to a Class D infraction as defined by the Oregon Revised Statutes. (Ord. O , 2, 1990) Violation Penalty. Violations of this title shall be punishable, upon conviction, in accordance with Chapter 1.12 of this code. (Ord. O , 1990)

125 Chapter PARKING Sections: Method of parking Prohibited parking or standing Storing motor vehicles or personal property on public property Use of loading zones Unattended vehicles Standing or parking of recreational vehicles Standing or parking of buses and taxicabs Restricted use of bus and taxicab stands Extension of parking time Exemption Permits for street use Parking citations General Parking citations Failure to comply with Parking citations Owner responsibilities Fees Method of parking. A. Unless otherwise indicated, no person shall stand or park a vehicle other than in the direction of travel for the side of the street upon which the vehicle is parked. B. Whenever the operator of a vehicle discovers that his vehicle is parked close to a building to which a fire department has been summoned, he shall immediately remove the vehicle from the area unless otherwise directed by police or fire officers. (Ord. O , 1990) Prohibited parking or standing. A. No person shall park or stand: 1. A vehicle in violation of state motor vehicle laws prohibiting parking; 2. A vehicle in an easement within a residential area other than for the expeditious loading or unloading of persons or materials, and in no case for a period in excess of ten consecutive minutes; 3. A motor truck defined by ORS Section on a street between the hours of nine p.m. and seven a.m. of the following day in front of or adjacent to a residence or apartment house, without first obtaining a permit in accordance with Section of this chapter; 4. A vehicle upon any public road within the city for more than a continuous seventy-two-hour period without first obtaining a permit in accordance with Section of this chapter; 5. Permits for Street Use. It is unlawful for any person, firm or corporation, except those franchised by the city, to park or locate, or permit to be parked or located, any object other than a vehicle or automobile within any public road within the city without first obtaining a permit from the city manager in accordance with Section of this chapter. B. No operator shall park and no owner shall allow a vehicle to be parked upon a public right-of-way or street for the principal purpose of: 1. Displaying the vehicle for sale; 2. Repairing or servicing the vehicle, except repairs necessitated by an emergency; 3. Displaying advertising from the vehicle; 4. Selling merchandise from the vehicle, except when authorized. C. It is unlawful for the driver of a vehicle to stop, stand or park a vehicle whether attended or unattended in any publicly owned or operated public off-street

126 parking facility except in designated parking spaces or in compliance with the directions of a police officer. D. Except as otherwise provided in Section , no operator shall park or leave, and no owner shall allow to be parked or left, a camper, mobile home, motor home, travel trailer, recreational vehicle, motor vehicle with camper attached, or any other vehicle designed or modified for sleeping, cooking, camping or temporary living, within the right-ofway of any highway or upon any public street within the city. E. For the purpose of this chapter, the definitions of the following terms as used herein shall conform to the following ORS sections which by reference herein are made a part of this chapter: 1. Camper is defined as set forth in ORS Section Commercial bus is defined as set forth in ORS Section Highway is defined as set forth in ORS Section Mobile home is defined as set forth in ORS Section Motor home is defined as set forth in ORS Section Motor vehicle is defined as set forth in ORS Section Recreational vehicle is defined as set forth in ORS Section (35). 8. Trailer is defined as set forth in ORS Section Travel trailer is defined as set forth in ORS Section F. The continuity of the time shall not be deemed broken by movement of the vehicle elsewhere on the block unless the movement removes the vehicle from the block where it was located before it is returned. (Ord. O , 1994: Ord. O , 1990; Ord. O , 1990) Storing motor vehicles or personal property on public property. A. No person shall store, or permit to be stored, a motor vehicle on a highway or other public property controlled by the city in excess of seventy-two hours without the permission of the city manager or his designee. Failure to move a motor vehicle after seventytwo hours constitutes prima facia evidence of storage. B. No person shall store, or permit to be stored, trailers, recreational vehicles which are not motor vehicles or other personal property on a highway or other public property controlled by the city in excess of forty-eight hours without the written permission of the city manager or his designee. Failure to move such property after forty-eight hours constitutes prima facia evidence of storage. C. For purposes of this section, move is defined as transporting the motor vehicle or personal property onto a different city block. D. For purposes of this Section, store is defined as keeping a motor vehicle or other personal property for later use when needed. E. The continuity of the time shall not be deemed broken by movement of the vehicle elsewhere on the block unless the movement removes the vehicle from the block where it was located, for a period of at least twenty-four hours, before it is returned. (Ord. O , 1994) Use of loading zones. No person shall stand or park a vehicle for any purpose or length of time, other than for the expeditious loading or unloading of persons or materials, in a place designated as a loading zone when the hours applicable to that loading zone are in effect. In no case, when the hours applicable to that loading zone are in effect, shall the stop for loading and unloading of materials exceed the time limits posted. If no time limits are posted, then the use of the zone shall not exceed thirty minutes. (Ord. O , 1990)

127 Unattended vehicles. Whenever a police officer finds a motor vehicle parked unattended with the ignition key in the vehicle, the police officer is authorized to remove the key from the vehicle and deliver the key to the chief of police or the person in charge of the City Hall. (Ord. O , 1990) Standing or parking of recreational vehicles. A. Recreational vehicles, mobile homes, motor homes, travel trailers, motor vehicles with campers attached, or other vehicles designed or modified for sleeping, cooking, camping, or temporary living may be parked on the public streets within the city where the following conditions are met: 1. The person in possession of the vehicle is the resident of the property adjacent to which the vehicle is parked, the vehicle is parked as such for a period of no more than forty-eight hours, and during such period the vehicle is used for the following purposes: a. Loading, packing, and/or cleaning of the vehicle in preparation of extended use; or b. Unloading, unpacking, and/or cleaning of the vehicle after extended use. 2. The person in possession of the vehicle is a guest of the resident of property adjacent to which the vehicle is parked the guest or resident has received permission of the city, and the vehicle is parked as such for a period of no more than seventy-two hours and for not more than nine days in any calendar year. Lodging shall be prohibited in accordance with Section of this code. 3. For purposes of this section, extended use is defined as the use of a vehicle for at least seven days. 4. No resident/guest shall have more than three permits issued in a calendar year. B. In order to park a vehicle under the provisions of this section, the owner thereof must obtain a permit (for a fee) for street use in accordance with Section Said permit must be prominently displayed by being affixed to the front windshield of the vehicle. This permit is nonrenewable. C. Such vehicle must be parked in a manner which does not create an obstruction to any public sidewalk or otherwise marked pedestrian crossing areas. Any obstructions (i.e. garden hoses or electrical cords to vehicles) are prohibited. D. Such vehicle must be parked in a manner which does not interfere with traffic or create a hazard by obstructing the view of drivers, or by obstructing fire, police, ambulance, or any other emergency service vehicles. (Ord. O , 1994) Standing or parking of buses and taxicabs. The operator of a bus or taxicab shall not stand or park the vehicle upon a road in a business district at a place other than a bus stop or taxicab stand; except that this provision shall not prevent the operator of a taxicab from temporarily stopping his vehicle outside a traffic lane while loading or unloading passengers. (Ord. O , 1990) Restricted use of bus and taxicab stands. No person shall stand or park a vehicle other than a taxicab in a taxicab stand, or a bus in a bus stop; except that the operator of a passenger vehicle may temporarily stop for the purpose of and while actually engaged in loading or unloading passengers, when stopping does not interfere with a bus or taxicab waiting to enter or about to enter the restricted space. (Ord. O , 1990) Extension of parking time. Where maximum parking time limits are designated by sign, or this chapter, movement of a vehicle within a block shall not extend the time limits for parking. (Ord. O , 1990)

128 Exemption. The provisions of this chapter regulating the parking or standing of vehicles shall not apply to a vehicle of the city, county, state or public utility while necessarily in use for construction or repair work on a street, or a vehicle owned by the United States while in use for the collection, transportation or delivery of mail. (Ord. O , 1990) Permits for street use. A. The city manager or chief of police may issue a permit to the owner of any vehicle or object as provided under this title upon the following conditions: 1. Evidence satisfactory to the issuing officer that the vehicle or object is disabled and cannot be removed within a seventy-two hour period; or 2. Evidence satisfactory to the issuing officer that the vehicle or object belongs to a nonresident of the city who is a guest of the owner or tenant of property abutting the street at the point upon which the vehicle is located, and that the guest is temporarily residing with the owner or tenant; or 3. Evidence satisfactory to the issuing officer that the parking or location of the vehicle upon the public street or across a sidewalk is necessary to facilitate the construction of improvements being made upon the real property abutting the street at the point upon which the vehicle is located, and that the improvements make it impossible to locate the vehicle upon the abutting real property. B. No permit issued under the provisions of this section shall be effective for more than three days after the date of issuance. The city manager may reissue the permit for one additional three day period upon a showing by the applicant that facts then exist which would support the issuance of the permit under subsection A of this section as an original application. C. The permit shall bear the facsimile signature of the city manager, the signature of the issuing clerk, the date of issuance, the termination date of the permit, the location of the vehicle or object upon the public street, a brief description of the object, and the owner s name, address or location where he or she can be reached. D. No permit shall be issued under the provisions of this section until satisfactory evidence has been presented to the issuing clerk that said vehicle possesses adequate insurance. (Ord. O , 1994; Ord. O , 1990) Parking citations General. Whenever a vehicle without an operator is found parked in violation of a restriction imposed by this chapter, the police officer finding the vehicle shall take its license number and any other information displayed on the vehicle which may identify its owner and shall conspicuously affix to the vehicle a parking citation for the operator to answer to the charge against him or pay the penalty imposed within seven working days during the hours and at a place specified in the citation. (Ord. O , 1990) Parking citations Failure to comply with. If the operator does not respond to a parking citation affixed to a vehicle within a period of seven working days, the city manager may send to the owner of the vehicle to which the traffic citation was affixed a letter informing him of the violation and warning him that in the event that the letter is disregarded for a period of five days, the penalty may be increased as set forth in the notice, or a warrant for his arrest may be issued. (Ord. O , 1990) Parking citations Owner responsibilities. The owner of a vehicle placed in violation of a parking restriction shall be responsible for the offense, except when the use of the vehicle was secured by the operator without the owner s consent. (Ord. O , 1990)

129 Fees. All permits required by this title shall be submitted along with the appropriate fee as required by the city s schedule of fees and penalties as approved through resolution. (Ord. O , 1994) Chapter OFF-ROAD VEHICLES AND HORSES Sections: Policy Restricted areas of operation Arrest, citation and seizure Disposition of vehicle Policy. The city council has determined that off-road vehicles and other means of off-road transportation, if unregulated, can create a nuisance to the people of the city and cause damage to and deterioration of the environment to the detriment of the health, safety and welfare of the people. (Ord. O , 1990) Restricted areas of operation. A. It is unlawful for any person to operate an off-road vehicle or other means of off-road transportation, including horses, on any nonroad area which the operator does not own, unless: 1. The operator possesses written permission from the owner or contract purchaser of the nonroad area; or 2. The operator possesses written evidence of membership in a club or association to which the owner or contract purchaser of the nonroad area has given written permission to club or association members to operate off-road vehicles or other means of off-road transportation, a copy of which has been filed with the city police department and city manager; or 3. The owner or contract purchaser of the nonroad area, upon approval of the city council, has designated the nonroad area as open for recreational purposes in accordance with ORS Sections through by filing such consent and other information necessary to identify the area with the city police department and city manager; or 4. The owner or contract purchaser of the nonroad area, upon approval of the city council, has designated the nonroad area as being open to off-road use by posting notice thereof in a form and manner prescribed by the city police department. B. It is unlawful for any person to: 1. Falsify the written permission required by subsection A(1) of this section; 2. Falsify the evidence of club or association membership or the written permission required by subsection A(2) of this section; 3. Falsify the filing or consent required by subsection A(3) of this section; 4. Post the notice or remove the posted notice required by subsection A(4) of this section without the consent of the owner or contract purchaser. (Ord. O , 1990) Arrest, citation and seizure. A. A police officer may arrest the person operating an off-road vehicle or other means of off-road transportation when the person is found in the act of operating an off-road vehicle or other means of transportation in violation of this chapter; except, however, a police officer may issue a citation in accordance with ORS Section in lieu of exercising custody of the operator. 1. A police officer may seize any off-road vehicle incident to arrest or citation of the operator if he has reasonable grounds to believe that the vehicle was operated with wilful or reckless disregard or the likelihood that the operation would cause substantial damage to the off-road area and that substantial damage has been caused by that operation. 2. A police officer shall retain possession of any vehicle seized and proceed at once against the person arrested or cited in the appropriate court.

130 B. If the person arrested is the legal owner of a seized vehicle, it shall be returned to the owner in accordance with ORS Sections and If the person arrested is convicted of a violation of this chapter, and he is the owner of the off-road vehicle, the vehicle shall be subject to disposition as provided in Section of this chapter. C. If the person arrested is not the legal owner of a seized vehicle, the police officer shall make all reasonable efforts to identify the name and address of the owner. If the police officer is able to determine the name and address of the owner, he shall notify the owner by registered or certified mail of the seizure and inform him of his rights under subsection D of this section. D. Any person notified under subsection C of this section, or any owner of the vehicle, or any other person asserting a claim of lawful possession of a seized vehicle, may, prior to trial, move the court for return of the vehicle or obtain possession of the vehicle by posting bond or cash in accordance with subsection B of this section. 1. The court shall, upon receipt of motion for return of the vehicle, hold a hearing to determine if the owner, or other person asserting a lawful claim to the vehicle, had any knowledge that the vehicle would be used in violation of this chapter. 2. If the court determines by clear and convincing evidence that the movant had knowledge that the person arrested would use the vehicle in violation of this chapter, the vehicle shall not be returned except in accordance with subsection B of this section, and the vehicle shall be subject to forfeiture as specified in Section of this chapter. E. If the person arrested is not convicted of a violation of this chapter, and if the police officer is in possession of the vehicle, it shall immediately be returned to the owner. (Ord. O , 1990) Disposition of vehicle. A. The court, upon conviction of the person arrested, may order a return of a seized vehicle to the owner after payment of all expenses, or it may, upon motion made by the city attorney, order forfeiture and sale of the vehicle at public auction by the police officer. In determining whether to order a forfeiture and sale of the vehicle, the court shall consider the amount of damage caused by the use of the vehicle and the wilfulness or recklessness of the violation. B. If the court orders a forfeiture and sale of the vehicle, the city, after deducting for administrative expenses plus all other expenses incurred, shall pay, to the extent of the remaining proceeds, all liens of record, ratable and according to their priorities. Any balance remaining shall be paid into the general fund of the city. C. If no person claims the vehicle, the city shall advertise the sale of the vehicle and the description. Proceeds from the sale of the property, after deducting the expenses and costs, shall be paid into the general fund of the city. The council may authorize the city to use the vehicle for police or other city purposes. (Ord. O , 1990) Chapter BICYCLES Sections: Bicycle operating rules Impounding of bicycles.

131 Bicycle operating rules. In addition to observing all other applicable provisions of this title and state law pertaining to bicycles, no person shall leave a bicycle, except in a bicycle rack. If no rack is provided, the person shall leave the bicycle so as not to obstruct any roadway, sidewalk, driveway or building entrance. A person shall not leave a bicycle in violation of the provisions relating to the parking of motor vehicles. Violation is equivalent to a Class D infraction. (Ord. O , 1990) Impounding of bicycles. A. No person shall leave a bicycle on public or private property without the consent of the person in charge or the owner thereof. B. A bicycle left on public property for a period in excess of twenty-four hours may be impounded by the police department. C. In addition to any citation issued, a bicycle parked in violation of this chapter may be immediately impounded by the police department. D. If a bicycle impounded under this chapter is licensed, or other means of determining its ownership exists, the police shall make reasonable efforts to notify the owner. No impounding fee shall be charged to the owner of a stolen bicycle which has been impounded. E. A bicycle impounded under this chapter which remains unclaimed shall be disposed of in accordance with the city s procedures for disposal of abandoned or lost personal property. F. Except as provided for stolen bicycles in subsection D of this section, a fee as required by the city s schedule of fees and penalties as approved through resolution of the city council shall be charged to release to the owner a bicycle impounded under this section. (Ord. O , 1994; Ord. O , 1990) Sections: Chapter MOVING OVERSIZE LOADS Definitions Permit required Permit application Fee Compliance with building code Permit issuance conditions Permit contents Permit revocation Certificate of insurance Project to continue uninterrupted Protection of streets and property Protection of public and private property and utilities Liability for damages Cleanup State highway or county road use Moving oversize loads on same property Violation Penalty Definitions. As used in this chapter, the following words and phrases shall mean: Building means any structure used or intended for sheltering any use or occupancy. Chief of police means the designee appointed by the city manager who is responsible for the administration of the police department and may also be referred to in this chapter as chief. City engineer means the city engineer or designee. Oversize load means any building, structure, or commodity which is to be moved along any city street upon a flatbed truck, trailer, dollies, or similar vehi-

132 cles, which has a loaded width exceeding eight and one-half feet, and/or a loaded length exceeding fifty feet total, and/or a loaded height exceeding fourteen feet. Street means any highway, road, street or alley as defined in ORS Section (1) and (2). Structure means that which is built or constructed, an edifice or building of any kind, or piece of work artificially built up or composed of parts joined together in some definite manner. (Ord. O , 1990) Permit required. A. No person shall move an oversize load across or along a street without first applying for and obtaining a permit under this chapter. B. No person shall move an oversize load across or along a street in violation of a provision of this chapter or of the provisions of the permit issued under this chapter. (Ord. O , 1990) Permit application Fee. A. Application for a permit to move an oversize load shall be made to the city on forms provided by the city and shall include the following information: 1. The name and address of a person who owns the oversize load; 2. The name and address of a person engaged to move the oversize load; 3. The location from which the oversize load is proposed to be moved; 4. The proposed new site of the oversize load; 5. The proposed route for moving the oversize load; 6. The dimensions, type of construction and approximate age of the oversize load; 7. The use or purpose for which the oversize load was designed; 8. The use or purpose to be made of the oversize load at its new location; 9. The proposed moving date and hours of moving; 10. Any additional information the city considers necessary for a fair determination of whether the permit should be issued. B. In situations where the city s site plan review standards apply, the applicant shall also make application and submit all necessary information for site plan review. C. An application shall be signed by the owner of the oversize load to be moved or by the person engaged to move the building. D. A fee as required by the city s schedule of fees and penalties as approved through resolution of the city council shall be paid prior to the issuance of a permit. Should it be necessary for the city to provide any assistance in the moving of an oversize load, the applicant shall pay an amount equal to the cost of labor and/or materials, or any other cost incurred by the city. (Ord. O , 1994; Ord. O , 1990) Compliance with building code. The movement or relocation of any building or structure, which would otherwise require the issuance of a building permit, within or into the city, to be placed on a lot within the city, shall in addition to the provisions of this chapter, comply with the city building code. (Ord. O , 1990) Permit issuance conditions. The city shall issue the permit subject to any necessary conditions if: A. The application complies with the requirements of this chapter; B. The moving can be accomplished without damage to property or, in case of damage to the property, it is consented to by the owner of the property or is to be paid for to the owner s satisfaction; C. The building at its new site, if within the city, will conform to the requirements of the zoning title. D. All requirements of Title 15 of this code have been complied with; E. The applicant shall be responsible for notifying the police department, fire district, and all other af-

133 fected agencies not less than that required by the agency, but not less than forty-eight hours prior to commencement of the move. (Ord. O , 1990) Permit contents. The permit shall specify: A. The route for moving the oversize load; B. The dates and times within which the moving is to be completed; C. Whatever additional conditions the city considers necessary to satisfy ordinance requirements, to minimize the obstruction of traffic to protect property, and to protect the public safety and welfare. (Ord. O , 1990) Permit revocation. The city may refuse to issue a permit or may revoke a permit issued under this chapter if: A. The permittee violates or cannot meet a requirement of the permit or a section of this chapter; or B. Grounds, such as a misstatement of fact, exist for revocation, suspension, or refusal to issue a permit. (Ord. O , 1990) Certificate of insurance. A permit shall not be issued until the applicant furnishes proof of liability insurance with a surety company authorized to do business in this state, for the purpose of moving oversize loads, in an amount and form approved by the city. (Ord. O , 1990) Project to continue uninterrupted. Once an oversize load has been moved onto a public street under a permit authorized by this chapter, the person moving the oversize load shall continue with the moving project without interruption until it is completed, except as the permit for the moving of the oversize load specifically allows to the contrary. (Ord. O , 1990) Protection of streets and property. Equipment used to move oversize loads along or across the public streets of the city shall be equipped with pneumatic tires, which shall be the only part of the equipment to come in contact with the surfaces of the streets, except planking as required by the city engineer. The city engineer may require the permittee to proceed on planking of specified dimensions when the city engineer considers the planking necessary to prevent damage to a public street or other property. (Ord. O , 1990) Protection of public and private property and utilities. A. The issuance of an oversize load permit is not an approval to remove, alter, interfere, or endanger any public or private property, or utility without first having obtained in writing, the permission of the property owner(s), utility or public entity to do so. B. The applicant shall have made arrangements to the satisfaction of the owner(s), utility or public entity for protecting the installations or property, paying for whatever damage the moving causes them, and for reimbursing the owner(s), utility or public entity for any costs of removal and reinstallation of the property that the move necessitates. (Ord. O , 1990) Liability for damages. The permit shall not constitute an authorization for damaging property. The permit shall not constitute a defense against any liability the permittee incurs for personal injury or property damage caused by the moving. (Ord. O , 1990) Cleanup. A person moving an oversize load under a permit authorized by this chapter shall promptly remove from the public streets and private property all litter produced by the moving. (Ord. O , 1990)

134 State highway or county road use. The city may waive any of the requirements of this chapter regarding oversize loads to be moved through the city upon a county road or state highway from and to points outside the city limits if: A. Movement will be made pursuant to a permit issued by the appropriate state agency; B. Notice of the proposed movement and a copy of the permit is submitted to the city before the movement; C. The city is satisfied that adequate precautions have been taken to protect the public safety and welfare. (Ord. O , 1990) Moving oversize loads on same property. Section of this chapter shall not apply when an oversize load is moved on the same or private property, or along a private street not controlled or maintained by the city, except that Section shall apply in all cases. (Ord. O , 1990) Violation Penalty. A. Each violation of a separate provision of this chapter shall constitute a separate violation; and each day that a violation of this chapter is committed or permitted to continue shall constitute a separate violation. B. The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under city ordinance or state statute. C. If a provision of this chapter is violated by a person, firm or corporation, the officer(s) or person(s) responsible for the violation shall be subject to the penalties imposed by this chapter. D. Violation of this chapter shall be punishable, upon conviction, as a violation with a minimum fine as required by the city s schedule of fees and penalties as approved through resolution of the city council. Anyone failing to obtain a permit prior to initiating any work requiring a permit in accordance with this chapter, shall be in violation and shall pay a fine as required by the city s schedule of fees and penalties as approved through resolution of the city council. (Ord. O , 1994; Ord. O , 1990) Chapter ABANDONED VEHICLES Sections: Definitions Abandoned vehicles prohibited Impounding hazardous vehicles Towing and storage liens Pre-towing investigation and notice Contents of notice Post-towing notice Court hearing Court decision Failure to appear Definitions. As used in this chapter, unless the context requires otherwise, the following words and phrases mean: Abandoned vehicle means a vehicle left unoccupied or unclaimed, or in a damaged or dismantled condition such that the vehicle is inoperable. Court means the King City Municipal Court. Hazardous vehicle means a vehicle left in a location or condition such as to constitute an immediate hazard to the safety of persons using the streets of the city. For example, and not by limitation, the following are hazardous vehicles: 1. Vehicles blocking public or private rights-ofway; 2. Vehicles with leaks in fuel tanks; 3. Vehicles blocking fire hydrants. Motor vehicle or vehicle means every vehicle that is self propelled or designed for self-propulsion,

135 including tractors, forklift trucks, motorcycles, golf carts, motorized wheel chairs and any other vehicle capable of moving under its own power, notwithstanding the fact that the vehicle may be exempt from licensing under the motor vehicle laws of the state. Owner means a person with a claim, either individually or jointly of ownership of any interest, legal or equitable in a vehicle. Police officer means any person authorized directly or by contract to provide police services for the city. Private garage means a reputable, private storage yard, garage or other storage place selected by the city manager. (Ord , 1999; Ord. O , 1990) Abandoned vehicles prohibited. A. No vehicle which a police officer believes to be disabled or abandoned shall be parked or left standing upon the right-of-way of any city street or ally or upon any city property for a period in excess of seventy-two hours without written authorization from the city manager or chief of police. B. A vehicle so parked or left standing may be taken into custody by a police officer and shall be held at the expense of the owner or person entitled to possession of the vehicle. A police officer may utilize city personnel, equipment and facilities for that purpose. (Ord , 1999: Ord. O , 1990) Impounding hazardous vehicles. A. It is the duty of a police officer, upon discovering a hazardous vehicle, to immediately cause the vehicle to be towed and impounded. B. The owner of the vehicle shall be responsible for the cost of towing and storing the vehicle in accordance with ORS Section (Ord. O , 1990) Towing and storage liens. A person who, at the request of a police officer, takes a vehicle into custody under the provisions of this chapter, shall have a lien on the vehicle for the just and reasonable towing and storage charges, may retain possession of the vehicle until the charges are paid, and may have the vehicle sold at public auction to satisfy the lien. The lien that attaches to the vehicle shall be in accordance with ORS (ORS and ) (Ord. O , 1990) Pre-towing investigation and notice. A. It is the duty of a police officer, whenever a vehicle is found in violation of Section of this chapter to: 1. Make a routine investigation to discover the owner and request removal of the vehicle; or 2. Failing to discover the owner by such a process, make a diligent inquiry as to the name and address of the owner of the vehicle by examining it for license number, I.D. number, make, style, and any other information which will aid in the identification of the ownership, and transmitting all available information pertaining to the vehicle to the Motor Vehicles Division of this state with an inquiry for the name and address of the owner, whenever such vehicle is required by law to be registered with that office; 3. If the owner is identified, mail a notice to the owner at the address shown with the Motor Vehicles Division. 4. Whether or not the owner is identified, place a notice upon the windshield or some other part of the vehicle easily seen by the passing public or place a citation upon the vehicle in a conspicuous place. B. This section does not apply to a hazardous vehicle. (ORS , and ) (Ord. O , 1990)

136 Contents of notice. A. Notices sent or placed under Section shall have the following information: 1. The name and badge number of the officer issuing the notice; 2. That if the vehicle is not removed within the legal time limit, the vehicle will be towed and taken into custody as an abandoned vehicle; 3. That any person who, at the request of a police officer, tows an abandoned vehicle shall have a lien on the vehicle for the just and reasonable towing and storage charges, may retain possession of the vehicle until the charges are paid, and may have the vehicle sold at public auction to satisfy the lien; 4. That the owner of the vehicle may request a hearing on the validity of the proposed tow; 5. How and where the owner of the vehicle may get information about the opportunity for a hearing and the location of the vehicle if it has been towed. B. If the owner of the vehicle requests a hearing before the vehicle is taken into custody, the vehicle shall not be taken until a hearing is set and held in accordance with ORS Section (ORS ) (Ord. O , 1990) Post-towing notice. A. After an abandoned vehicle has been taken into custody, notice must be provided to the owner by mail within forty-eight hours of removal indicating: 1. The location of the vehicle; 2. That a lien has arisen on the vehicle in favor of the person who towed the vehicle; 3. That the vehicle may be sold at public auction to satisfy the lien; 4. That a hearing on the validity of the tow and on the amount of the charges for the tow may be held, if requested; 5. That the owner may regain possession of the vehicle by payment of the towing and storage charges; 6. That if the validity of the tow or the charges are not upheld at the hearing, the owner will be entitled to a refund of the amount of towing and storage charges found to be unreasonable. B. Notice is deemed given when a certified letter addressed to the owner of the vehicle and a similar letter addressed to the legal owner, if any, return receipt requested and postage paid thereon, is mailed within forty-eight hours after the vehicle is taken into possession by or at the direction of a police officer. C. If the vehicle is registered in the office of the Motor Vehicles Division of this state, notice may be addressed to the registered owner and the legal owner, if any, at the latest respective address of each shown by the records in the office of the Motor Vehicles Division. If the vehicle is not so registered, reasonable efforts shall be made to ascertain the names and addresses of the legal owner and persons entitled to possession of the vehicle so that notice may be mailed, if reasonably possible, within the time period outlined in this section. The owner must request a hearing within five days after receipt of the notice. The request may be made in person or in writing and failure to appear in person or to mail a letter within five days after receipt of the notice shall act as a waiver of the right to a hearing. (ORS ) (Ord. O , 1990) Court hearing. All procedures prior to and during the hearing will be in accordance with ORS Section A. Upon request of the legal owner or the person entitled to possession of the vehicle, a hearing shall be held before the court. A request for hearing shall be in writing and shall state grounds upon which the person requesting the hearing believes that the custody and removal of the vehicle is not justified. B. If possible, the hearing will be set and conducted within seventy-two hours of receipt of the request, holidays, Saturdays and Sundays not to be included. The hearing can be set for a later date if the owner or person entitled to possession so requests. C. At any time prior to the requested hearing, the owner or the person entitled to possession of the vehicle may regain possession of the vehicle by payment of the towing and storage charges. (Ord. O , 1990)

137 Court decision. A. If the court finds that: 1. The action of the police officer in taking the vehicle into custody was proper, the court shall enter an order supporting the removal and establishing the reasonable charges therefor; 2. The action of the police officer in taking the vehicle into custody was invalid, the judge shall: a. Order the vehicle released to the owner, b. Find that the owner is not liable for any towing or storage charges occasioned by the taking, and c. Order the city to satisfy the towing and storage lien and refund to the owner towing and storage charges which have been paid. B. The determination of the court at a hearing under ORS Section (11) is final and is not subject to appeal. (Ord. O , 1990) Failure to appear. If the person requesting the hearing does not appear at the scheduled hearing, the judge may enter an order supporting the removal and assessment of towing and storage costs and apply any security posted against such costs. (Ord. O , 1990) Chapter IMPOUNDING VEHICLES Sections: Impounding vehicles of drivers that are intoxicated, improperly licensed Uninsured vehicles Notice of towing/impoundment Release of vehicle Hearing Sale of vehicle not reclaimed Impounding vehicles of drivers that are intoxicated, improperly licensed Uninsured vehicles. A police officer who reasonably believes that a person: A. Is driving an uninsured vehicle in violation of ORS (1997); B. Is driving while their driver s license is suspended in violation of ORS and ORS (1997); C. Is operating a motor vehicle without driving privileges in violation of ORS (1) or (2) (1997); D. Is driving a motor vehicle without a license or driver s permit in their possession in violation of ORS (1)(a)(1997); or E. Is operating a motor vehicle while under the influence of intoxicants in violation of ORS (1997) may, without prior notice, impound said vehicle until such time as a person with a right of possession to the vehicle lawfully claims it and is able to have it lawfully removed from the city s custody. (Ord (part), 1999) Notice of towing/impoundment. In the event a police officer impounds a vehicle pursuant to Section of this chapter, notice consistent with the provisions of ORS (2) (1997) shall be sent within forty-eight hours (excluding weekends and holidays) to any owner(s), lessor(s), any security interest holder(s) shown as having an interest in the vehicle by the records of the appropriate department of motor vehicles. (Ord (part), 1999)

138 Release of vehicle. Any person seeking the release of a vehicle impounded pursuant to the provisions of Section of this chapter shall provide the city with proof of insurance and licensure. In addition, except as provided in Section C, any person lawfully entitled to the release of the vehicle shall pay, prior to release of said vehicle, any and all accrued towing and storage charges as well as an administrative fee to the city of King City in the amount of one hundred dollars to cover the administrative costs of enforcing the program contemplated by their code provisions. (Ord (part), 1999) Hearing. A. In the event the person wished to contest the impoundment of a vehicle seized pursuant to Section of this chapter, they must file a written request for a hearing to contest the impoundment within forty-eight hours of their receipt of the city s notice of the impoundment which notice shall be sent out in a reasonable detail the basis for contesting the towing and impound of the vehicle. B. A hearing shall thereafter be scheduled within seventy-two hours (not including weekends or holidays) of the receipt of the request by the city before the municipal court. Notice of the hearing shall be sent by the city to all owner(s), lessor(s), or security holder(s) as they appear in the records of the appropriate department of motor vehicles. C. At the time of the hearing before the municipal court, the city shall have the burden of proving by a preponderance of evidence that the city had reasonable grounds to believe that the vehicle was subject to impoundment for violation of ORS , ORS (1997). D. In the event the court determines that the city had reasonable grounds to impound the vehicle, the court will require that all costs associated with the towing and storage of the vehicle (including the administrative fee set out above) be paid prior to the release of said vehicle. E. In the event the court finds that the seizure of the vehicle was improper, the court shall order the immediate release of the vehicle to the owner or other person with a right of possession, with the costs associated with the towing and impoundment of the vehicle being borne by the city. (Ord (part), 1999) Sale of vehicle not reclaimed. In the event a vehicle seized pursuant to Section of this chapter is not reclaimed by party entitled to its possession within thirty days of its impoundment, the city may thereafter dispose of the vehicle consistent with the terms of ORS to ORS (1997), as applicable. (Ord (part), 1999) Chapter INVENTORY PROCEDURES Sections: Purpose Definitions Inventories of impounded vehicles Inventories of persons in police custody Purpose. This chapter is meant to set out the process for conducting an inventory of personal property found in a lawfully impounded vehicle as well as to the personal property in the possession of a person in police custody and is not to be interpreted to affect any other statutory or constitutional right(s) that police officers may employ to search persons or search or seize possessions for any other purpose. (Ord (part), 2000) Definitions. For the purpose of this chapter, the following definitions shall apply: Valuable means: 1. Cash money of an aggregate amount of fifty dollars or more; or

139 2. Individual items of personal property with a value of over five hundred dollars. Open container means a container which is unsecured or incompletely secured in such a fashion that the container s contents are exposed to view. Closed container means a container whose contents are not exposed to view. Police custody means: 1. The imposition of restraint as a result of an arrest as that term is defined at ORS (1); or 2. The imposition of actual or constructive restraint by a police officer pursuant to a court order; or 3. The imposition of actual or constructive restraint by a police officer pursuant to ORS Chapter 426; or 4. The imposition of actual or constructive restraint by a police officer for purposes of taking the restrained person to an approved facility for the involuntary confinement of persons pursuant to Oregon law. Police officer or reserve officer means any officer of the King City police department. (Ord (part), 2000) Inventories of impounded vehicles. A. The contents of all vehicles impounded by a police officer will be inventoried. The inventory shall be conducted before constructive custody of the vehicle is released to a third-party towing company except under the following circumstances: 1. If there is a reasonable suspicion to believe that the safety of either the officer(s) or other person is at risk, a required inventory will be done as soon as safely practical; or 2. If the vehicle is being impounded for evidentiary purposes in connection with the investigation of a criminal offense, the inventory will be done after such investigation is completed. B. The inventory of an impounded vehicle is conducted to: 1. Promptly identify personal property to establish accountability and avoid spurious claims as to that property; 2. Assist in the prevention of theft of property; 3. Locate toxic, flammable or explosive substances; and 4. Reduce the danger to persons and property. C. Inventories of impounded vehicles will be conducted according to the following procedure: 1. An inventory of personal property and the contents of open containers will be conducted throughout the passenger and engine compartments of the vehicle including, but not limited to, accessible areas under or within the dashboard area, in any pockets in the doors or in the back of the front seat, in any console between the seats, under any floor mats and under the seats. 2. In addition to the passenger and engine compartments as described in subsection (C)(1) of this section, an inventory of personal property and the contents of open containers will also be conducted in the following locations: a. Any other type of unlocked compartments that are a part of the vehicle including, but not limited to, unlocked vehicle trunks and unlocked car-top containers; and b. Any locked compartments including (but not limited to) locked vehicle trunks, locked hatchbacks, locked car top containers, locked glove boxes, locked center consoles and other locked compartments inside or outside the vehicle if either the keys are available to be released with the vehicle to the third party towing company or an unlocking mechanism for such compartment is available within the vehicle. 3. Closed containers located either within the vehicle or any of the vehicle s compartments shall be opened for inventory purposes if the closed container is designed for or likely to contain valuables, including but not limited to, wallets, purses, fanny packs, camera bags, briefcases or backpacks. 4. Upon completion of the inventory, the police officer will complete a report as directed by the King City police department policies. 5. Any valuables located during the inventory process will be listed on a property receipt. A copy of the property receipt will either be left in the vehicle or tendered to the person in control of the vehicle if such person is present. The valuables will be dealt

140 with in such a manner as directed by the King City police department policies. (Ord. O , 2007; Ord (part), 2000) Inventories of persons in police custody. A. A police officer will inventory the personal property in the possession of a person taken into police custody and such inventory will be conducted whenever: 1. Such person will be either placed in a secure police holding room or transported in the secure portion of a police vehicle; or 2. Custody of the person will be transferred to another law enforcement agency, correctional facility, or treatment facility as that phrase is used in ORS or such other lawfully approved facility for the involuntary confinement of persons pursuant to Oregon Revised Statutes. B. The purpose of the inventory of a person in police custody will be to: 1. Promptly identify property to establish accountability and avoid spurious claims to property; or 2. Fulfill the requirements of ORS to the extent that such statute may apply to certain property held by the police officer for safekeeping; or 3. Assist in the prevention of theft of property; or 4. Locate toxic, flammable or explosive substances; or 5. Locate weapons and instruments that may facilitate an escape from custody or endanger law enforcement personnel; or 6. Reduce the danger to persons and property. C. Inventories of the personal property in the possession of such persons will be conducted according to the following procedure: 1. An inventory will occur prior to placing such person into a holding room or a police vehicle, whichever occurs first. However, if reasonable suspicion to believe that the safety of either the police officer(s) or the person in custody are at risk, an inventory will be done as soon as safely practical prior to the transfer of custody to another law enforcement agency or facility. 2. To complete the inventory of the personal property in the possession of such person, the police officer will remove all items of personal property from the clothing worn by such person. In addition, the officer will also remove all items of such personal property from all open containers in the possession of such person. 3. A closed container in the possession of such person will have its contents inventoried only when: a. The closed container is to be placed in the immediate possession of such person at the time that person is placed in the secure portion of a custodial facility, police vehicle or secure police holding room; or b. Such person requests that the closed container be with them in the secure portion of a police vehicle or a secure police holding room; or c. The closed container is designed for carrying money and/or small valuables on or about the person including, but not limited to, closed purses, closed coin purses, closed wallets and closed fanny packs. D. Valuables found during the inventory process will be noted by the police officer in a report as directed by the chief of police. E. All items of personal property neither left in the immediate possession of the person in custody nor left with the facility or agency accepting custody of the person, will be handled in the following manner: 1. A property receipt will be prepared listing the property to be retained in the possession of the respective police department and a copy of that receipt will be tendered to the person in custody when such person is released to the facility or agency accepting custody of such person; or 2. The property will be dealt with in such manner as directed by the chief of police. F. All items of personal property neither left in the immediate possession of the person in custody nor dealt with as provided in subsection E of this section will be released to the facility or agency accepting custody of the person so that they may: 1. Hold the property for safekeeping on behalf of the person in custody; and 2. Prepare and deliver a receipt, as may be required by ORS , for any valuables held on

141 behalf of the person in custody. (Ord (part), 2000) Chapter ROAD AND RIGHT-OF-WAY REGULATIONS Sections: Permits required Authority Process Form Fees Expiration, suspension and revocation Appeal Permits required. A permit is required prior to performing any work affecting a public right-of-way including, but not limited to, installation or construction of any structure, pipe, pole, conduit, culvert, facility, including a communications facility (telecommunications facility, cable system or open video system) or other wire line utilities in or on a public way, construction, reconstruction grading, oiling, repair, opening or excavation of a public way for any purpose, but does not include the construction of public improvements performed by the city under the direction of the city manager or his or her designee. (Ord. O (part), 2003) Authority. The city manager for the city or such person designated by the city manager is delegated authority with regard to issuance of permits for use of public roads and rights-of-way. (Ord. O (part), 2003) Process. A. An application and fee shall be submitted to the city for review consistent with this chapter. B. The city manager or designee shall review the application and may attach any special terms and conditions as may be needed in the best interest of the public. C. An application may be denied if approval is not in the public interest or would otherwise jeopardize public safety or cause unnecessary damage to the public right-of-way. D. Where the applicant failed to perform the obligations of a prior permit approval the city may require security, which may be a letter of credit, cash deposit or other reasonable security, in an amount acceptable to the city and/or proof of adequate public liability or property damage insurance. E. Any work performed pursuant to a permit issued under this chapter shall be inspected and approved by the city. (Ord. O (part), 2003) Form. The permit shall be on a form as provided by the city and shall include but, not be limited to, provisions substantially similar to the following: A. The applicant agrees to save the city, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any work performed under said permit. B. The applicant agrees to preserve and protect from injury other facilities in the public right-of-way, the public using the public way and any adjoining property, and take other necessary measures to protect life and property including but not limited to buildings, walls, fences, trees or utilities that may be subject to damage from work being performed under the permit. C. The applicant agrees to be responsible for all damage to public or private property resulting from the applicant s failure to properly protect people and property and to carry out the work. (Ord. O (part), 2003) Fees. The fees for a permit shall be established by resolution of the city council. (Ord. O (part), 2003)

142 Expiration, suspension and revocation. Each permit shall set forth a specific date upon which the work shall be completed. A permit may be suspended or revoked if the city manager or designee determines that the applicant misrepresented facts on the application form, the terms and conditions of the permit are violated, or the public safety is threatened. (Ord. O (part), 2003) Appeal. An applicant may appeal a decision of the city manager or designee regarding the approval, denial, suspension or revocation to the city council. The appeal shall be filed with the applicable fee within twelve days from the date of the decision. (Ord. O (part), 2003)

143 Title 11 (RESERVED)

144 Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES Chapters: Depositing Material on Streets Sidewalk Construction and Repair Park Rules and Regulations

145 Chapter DEPOSITING MATERIAL ON STREETS Sections: Purpose of chapter Construction of provisions Definitions Prohibitions Responsibility Violation Penalty Purpose of chapter Construction of provisions. A. The purpose of this chapter is to regulate the depositing of material on the public streets within the city, to prescribe the conditions under which such deposits may be made, and state penalties for noncompliance. B. This chapter shall not be construed to permit depositing of material in any manner or in any place in violation of any other ordinance or regulation as stated within the declarations and restrictions pertaining to property ownership in the city. (Ord. 48 (part) 1(2), 1973) Definitions. The words used in this chapter mean as follows: Depositing means wilful scheduled or nonscheduled delivery or dumping on public streets of material as defined elsewhere in this chapter. Material means and includes, but is not limited to, sawdust, barkdust, wood chips, or other landscaping material, building supplies including lumber, sand, gravel and all other organic or inorganic matter for whatever purpose intended. (Ord. 48 1(1), 1973) Prohibitions. Except as otherwise noted in this chapter, it is unlawful for any person, his agent or organization to deposit or have deposited upon any public street of the city material as defined in this chapter other than that which is to be removed within forty-eight hours from time of deposit and providing that: A. Every reasonable effort shall be made to minimize traffic obstruction and hazards; B. Reflectorized or flashing barricades shall be placed fore and aft of materials remaining on the street during nondaylight hours; C. Immediately following complete removal of such material, streets shall be restored to clean condition by sweeping and such sweepings removed from street. Washing of debris into curb gutters and storm drains is not permitted; D. In cases where unusual circumstances render removal of material within the allowable time as stated in this chapter impractical, the council or its agent shall be notified prior to delivery of material as defined in this chapter and a request made for extension of removal time. Such request shall state the type of material concerned, the circumstances of impracticability for removal within the allowable time and state the date that complete removal and cleanup will be accomplished. (Ord. 48 2(1), 1973) Responsibility. Responsibility for compliance with this chapter shall rest with the property owner, his agent or occupant who has caused such material to be so deposited. (Ord. 48 2(2), 1973) Violation Penalty. Any violation of the requirements of this chapter shall be deemed a violation of this chapter and may be cited as such to the court of the city. Penalties may be imposed as required by the city s schedule of fees and penalties as approved through resolution of the city council for each failure to meet the requirements of this chapter. If the violation is not abated it shall be the option of the city to have the material removed and the costs thereof assessed as a lien against the property subject to collection as provided by law for enforcement of such liens. (Ord. O , 1994: Ord. 48 2(3), 1973)

146 Chapter SIDEWALK CONSTRUCTION AND REPAIR* Sections: Definitions Obligation of property owner or land developer Construction and repair of sidewalks, driveways and curbs Repair or construction by city Remonstrances by owner Permit for sidewalk, driveway and curb repair and construction Location, size and materials of sidewalks, driveways and curbs Curb and intersection corner ramps Maintenance of rights-of-way Indemnification. * Prior ordinance history: Ords. 30 and Definitions. For the purposes of this chapter: Commercial driveway means and refers to a driveway serving any property except a one- or twofamily residence. Curbs means and includes concrete or other structures placed parallel to and defining the expanse of the vehicular-traveled portion of a street or highway, intended for the purpose of defining the limits available for public vehicular travel. Driveway means and refers to that portion of a private driveway extending from the curb cut to the nearest lot line or to the edge of the sidewalk most remote from the curb. Minor means any repair to a sidewalk, driveway or curb that does not result in reconstruction or excavation. Residential driveway means and refers to a driveway serving a one- or two-family residence. Sidewalk means and refers to that portion of an improved public street or other public way, hard surfaced, designated for pedestrian use only, but does not include pedestrian malls or sidewalks that are not within a public right-of-way or devoted to public use. (Ord. O (2), 1992) Obligation of property owner or land developer. A. The initial construction of sidewalks and driveways in connection with development of property shall be the responsibility of the owner who develops such property. B. Initial construction of curbs in connection with street improvements shall be the responsibility of the owner who undertakes to develop the property. C. In those instances where individual lots are provided with neither street sidewalks, driveways nor curbs and the installation thereof is required, the owner of the property abutting thereon shall be responsible for the installation and cost thereof. (Ord. O (3), 1992) Construction and repair of sidewalks, driveways and curbs. A. It is at all times the duty and obligation of each property owner whose property abuts a sidewalk, driveway or curb as defined in this chapter, to keep in good repair and maintain or reconstruct when necessary, such abutting sidewalk, driveway and curb at the owner s expense. B. When the city determines that a sidewalk, driveway or curb abutting any lot or parcel of land requires repair, maintenance or reconstruction, the city will mail written notice to the property owner entitled: Notice to (Repair/Construct) (Sidewalk, Driveway, Curb). The notice shall direct the owner of the property to immediately repair, construct or reconstruct a sidewalk, driveway or curb, or all three in a good and workmanlike manner. C. The city shall serve notice personally upon the owner of the property adjacent to the defective sidewalk, or the notice may be served by registered or certified mail, return receipt requested at the address listed for the owner in the tax records for Washington County. If after a reasonable search the owner is not discovered, the city shall cause a copy of the notice to be posted in a conspicuous place on the property, and

147 such posting shall have the same effect as service of notice by mail or by personal service. (Ord (part), 1999: Ord. O (4), 1992) Repair or construction by city. A. If the owner fails to begin the construction of said improvement within thirty days after notice is served, mailed or posted, or within ten days after order by the council in the event of remonstrance, the city may construct or repair the same as soon thereafter as such work can be conveniently scheduled and the cost will be determined and assessment made as provided in this chapter. B. Upon completion of the work by the city or pursuant to the city s direction, the expense thereof to be assessed against each lot or tract will be determined by the city recorder on the basis of the actual cost of the work plus a reasonable charge for engineering, supervision and other services incident to the job. In the event a single repair or construction project involves more than one property, the costs common to the total project will be prorated in such equitable manner as the city recorder will determine subject to review by the city council. Any requirements or costs peculiar to a given property will be assessed solely against that property. C. The city council will consider the proposed assessment as to each property as determined by the recorder and may thereupon approve the same and direct by ordinance that the assessment to each property will become a lien upon the property assessed from and after the date of passage of the ordinance and entry of same in the appropriate city lien record. Thereafter the city may enforce collection of such assessments as provided by ORS Sections PP to D. Upon docketing such assessment in the city lien record, the recorder will forward by certified mail to the owner of the property, at the same address as the notice to repair or construct was given, a request for immediate payment of such assessment. E. Thereafter, the city recorder will report monthly to the city council all past due bills for work done by or under the direction of the city, showing a description of the property and the owner of each lot or parcel on which the work was done and an assessment remains unpaid. The council may at any time after sixty days from the date the assessment was docketed, institute proceedings to foreclose such lien as provided in ORS Sections PP to (Ord (part), 1999: Ord. O (5), 1992) Remonstrances by owner. A. Any owner with respect to whose premises a notice to repair or construct sidewalk, driveway or curb, or all three, has been served mailed or posted as provided in Section of this chapter may, within fifteen days after posting or receipt of the notice, file a written remonstrance with the city recorder with respect to the proposed repair or construction setting forth the particular reasons for objecting thereto. The filing of such remonstrance will operate to suspend further action to the repair or construction until such time as the matter may be heard by the city council. The city recorder will cause any remonstrances to be placed on the agenda at the next convenient city council meeting and shall, by certified mail, notify the party remonstrating of the council s hearing, said notice to be mailed not less than five days prior to the meeting, stating the time and date thereof. B. The council may, in connection with hearing of any remonstrances, dismiss or postpone any proceedings commenced pursuant to this chapter, or may in its discretion overrule any remonstrance and direct that the matter proceed in accordance with the requirements of this chapter. Disposition of each remonstrance will be recorded in the minutes of the proceedings of the council. (Ord (part), 1999: Ord. O (6), 1992) Permit for sidewalk, driveway and curb repair and construction. A. Any person desiring to make minor repairs to a defective sidewalk, driveway, curb or all three, either before or after notice to repair has been served, mailed or posted, shall first obtain a permit as required by the city s schedule of fees and penalties as approved through resolution of the city council. The permit will describe the kind of repair to be made, the material to

148 be used and the specifications therefor, including the location and size. Any person desiring to construct or reconstruct a sidewalk, driveway, curb or all three shall first obtain a permit therefor and pay the required fees. B. The city may revoke any driveway permit or require the modification of any driveway if: 1. The area occupied by the driveways needed for the public convenience; 2. Continued operation of the driveway interferes with the safe and orderly flow of pedestrian or vehicular traffic; 3. The abutting owner has failed to comply with all specifications and conditions of the permit; or 4. The driveway does not access legal parking and maneuvering space on abutting property. C. The city may revoke any permit if they deem such action will be in the public interest. (Ord (part), 1999: Ord. O , 1994; Ord. O (7), 1992) Location, size and materials of sidewalks, driveways and curbs. A. Sidewalks, driveways and curbs shall be constructed in accordance with Washington County standards which include location, size and material requirements. Specific locations and widths shall be required by the city and as found in this section. B. Temporary sidewalks shall be as approved by the city. C. No portion of a driveway, excluding ramps, shall be located closer than twenty-five feet from the corner of a lot where two streets intersect. D. If more than one residential driveway is desired for frontage up to one-hundred feet, the maximum width of driveways shall be fifteen feet with not more than two such driveways permitted within such frontage; provided, however, that no less than five feet of straight curb must separate service driveways under one ownership. Each one hundred feet of frontage, or fraction thereof, under single ownership shall, for purposes of this chapter, be considered a separate frontage. E. If more than one commercial driveway is desired for frontage up to one hundred feet, the maximum width of driveway shall be twenty feet with not more than two such driveways permitted within such frontage; provided, however, that no less than five feet of straight curb must separate service driveways under one ownership. Each one hundred feet of frontage or fraction thereof under single ownership shall for purposes of this chapter be considered a separate frontage. F. Driveways shall be measured lengthwise with the sidewalk, on the property line side, and such measurement shall not include the width of ramps extending to the regular sidewalk grade. Ramps do not constitute part of the required minimum or allowed maximum width. G. Any driveway at variance with width limitations shall not be permitted unless the city specifically approves or requires the same. Any applicant requesting a driveway at variance with standards shall provide such information as the city may require in support of the application. The city may establish conditions deemed necessary to insure the safe and orderly flow of pedestrian and vehicular traffic, and the decision of the city as to the widths and location of driveways shall be final and conclusive. (Ord (part), 1999: Ord. O (8), 1992) Curb and intersection corner ramps. A. All newly constructed or reconstructed sidewalk intersection corners, where determined feasible by the city, shall have included, either within the corner or within the curb area immediately adjacent thereto, ramps allowing access to the sidewalk and street by elderly and physically disabled persons. B. The ramps referred to in subsection A of this section shall be constructed in a good and workmanlike manner and in accordance with the plans and specifications established in the Washington County standards. The particular plan to be used at a given intersection corner shall be appropriate to the location as determined by the city. (Ord (part), 1999: Ord. O (9), 1992)

149 Maintenance of rights-of-way. A. Owners of property abutting city rights-ofway may maintain and landscape such areas where sidewalks or other public facilities are not present and where the city has not undertaken to maintain the right-of-way area until such time as the area is put to public use by the city. Such owners shall bear all costs, expenses and liability for such maintenance and landscaping, and permission for such maintenance or landscaping may be revoked at any time by the city without cost to or reimbursement by the city. B. Where an abutting owner s lot fronts on a city right-of-way, the area of the right-of-way which may be maintained or landscaped by the owner is that area determined by extending the property lines of the owners lot from the property corners at a ninetydegree angle from the right-of-way. C. The physical division between each private property owner s area of permission for maintenance in the public right-of-way, at the terminal end of culde-sac streets where the right-of-way lines bend at ninety degrees, shall be defined as a division line extending from the right-of-way line to the face of the curb, beginning from each ninety-degree bend in the right-of-way line, bisecting each ninety-degree angle into two forty-five-degree angle, and terminating at the face of the curb or pavement as indicated below. (Ord. O , 2005)

150 Indemnification. The property owner(s) shall be liable to the city for any amount which may be paid or incurred by the city by reason of all claims, judgement or settlement, and for all reasonable costs of defense, including investigation costs and attorneys fees, by reason of such property owners failure to satisfy the obligations imposed by this code to maintain, construct and repair sidewalks, driveways and curbs. (Ord , 1999: Ord. O-92-20, 1992)

151 Chapter PARK RULES AND REGULATIONS Sections: Park defined Council authority Rules and regulations Public use encouraged Rules and regulations Appeal Park permits Prohibited conduct Penalties Trespass Park defined. As used herein, park means any publicly or privately owned real property placed under the jurisdiction of the city for public park or recreational purposes, including all land granted or dedicated to the city for such purposes. (Ord. O (part), 2005) Council authority. The King City city council, except as herein otherwise provided, shall have the general management and supervision of all parks, squares, openings and public grounds surrounding public buildings now owned or hereafter acquired by the city, and also the power to regulate and control the planting, trimming, growing, use, preservation and maintenance of all trees, shrubs, plants or flowers in, upon or over any such property of the city. Such authority may be delegated to the city manager. (Ord. O (part), 2005) Rules and regulations. The city council may, by resolution, adopt such rules and regulations for the use, management and supervision of the parks, squares, openings, public grounds and grounds surrounding public buildings or other places of recreation, now belonging or hereafter acquired by the city as may be reasonable or necessary. Such rules and regulations shall be consistent with the provisions of the city Charter and other applicable city ordinances. (Ord. O (part), 2005) Public use encouraged. City parks are maintained for the recreation of the public and for the benefit of the citizens and inhabitants of the city of King City and the greatest possible use thereof is encouraged, subject only to such regulations as will preserve the parks and public areas for purposes for which they are laid out and the enjoyment, convenience and safety of all concerned. (Ord. O (part), 2005) Rules and regulations Appeal. The city council may designate and authorize the city manager, a city park commission or police chief to make such rules and regulations, not in conflict with the ordinances of the city, as may be necessary for the control and management of park areas. Any person who feels aggrieved by any such rule or regulation may appeal to the council for amendment or repeal thereof by filing a written petition with the city recorder which shall be presented to the council at its next regular meeting; however, such rule or regulation as appealed shall remain in full force and effect until such time as the council shall take appropriate action thereon. (Ord. O (part), 2005) Park permits. It is unlawful for any person, organization or association to conduct or participate in any organized entertainment, demonstration or public gathering or to make any address in a park without the written permission of the city manager or its designate being first obtained. Specific provisions relating to application for such permit shall be established by the city manager. The city manager may issue permits for activities otherwise prohibited where approval has been obtained from the city in advance and sufficient protection of city facilities and public s health and safety is provided. (Ord. O (part), 2005)

152 Prohibited conduct. The following conduct, unless otherwise excepted, shall be prohibited within city parks: A. Alcohol Consumption. Unless specifically authorized by city permit and subject to the further requirement, if any, of the OLCC, it is unlawful for any person to possess or drink any alcoholic beverage in any park or part thereof where such area has been posted identifying such prohibition. Unless specifically authorized by permit, it is unlawful for any person to sell any alcoholic beverage in any park or part thereof. B. Park Hours Closure. It is unlawful for any person to be in a park any time between dusk and dawn. C. Additional Park Closures. Notwithstanding subsection B of this section, the city manager, its designate, or an officer of the city police department, may close any park or any part thereof, at any time, by erecting barricades prohibiting access thereto at appropriate locations. Notices that any park or part thereof is closed shall be posted at appropriate locations during the period of such closure, if feasible; however, failure to post such notices shall not invalidate such closure nor shall it be a defense to the charge of violating this section. The closure as indicated shall be done only in the interest of public safety and health and such decision for closure shall be based upon one or more of the following criteria or conditions existing in or near that park: 1. Life or property appear to be endangered and other means cannot reasonably be utilized to eliminate the danger; 2. The overcrowding of persons or vehicles has occurred so that necessary access to emergency assistance or emergency vehicles is hindered; 3. Park property or other property located near the park reasonably be utilized to eliminate the conditions; 4. That loud and unreasonable noise, fighting, violence or threatening behavior or abusive or obscene language or gestures is occurring and is caused by sufficient number of persons so that other means cannot reasonably be utilized to eliminate the condition; 5. A hazardous condition exists; 6. Violations of criminal offenses or ordinances is occurring and is caused by sufficient number of persons so that other means cannot reasonably be utilized to eliminate the conditions; 7. That other conditions exist such that the safety of persons or property cannot reasonably be assured and a present danger thereto exists. D. Park Closure Control. During the period of closure of a park in accordance with the above provisions, it is unlawful for any person to enter such park or any part thereof that has been closed or remain in such park or part thereof after having been notified of the closure and having been requested to leave by the city manager, its designate or an officer of the police department. Such closure shall not exceed eighteen hours without the written approval of the city manager. No person shall ride, drive or walk on such part or portions of parks or pavements as may be closed to public travel or interfere with barriers erected thereon. No person shall enter any building, enclosure, or place within any park upon which the words no admittance shall be displayed or posted by sign, placard or otherwise without the consent of the official in charge or police officer. No person shall refuse the request to obey any reasonable direction of the city manager, its designate or police officer regarding use of a park. E. Animals in Parks. It is unlawful for any person to permit any animal to enter upon or to roam at large in any park. If an animal is found in any pond, fountain or other park facility, it may be impounded. Dogs shall be permitted in the park only when under leash. It is unlawful for any person to allow a dog or other animal to defecate in a park without immediately removing and properly disposing of all waste material. It is unlawful for any person to ride a horse or to permit a horse to enter into any park, except in places designated by the city manager for horseback riding. It is unlawful for any person to use any weapon, stick, stone or missile of any kind to destroy, injure, disturb or molest any wild or domestic animal, fowl or fish within park limits, except for purposes of self-defense. F. Bathing/Swimming. It is unlawful for any person to wade, swim or bathe in any waters or wa-

153 terways in or adjacent to a city park, except in places designated by the city for such purposes. G. Motorized Vehicles. No motorized vehicles shall be permitted in any park or portion thereof except for duly authorized vehicles. H. Bicycles. It is unlawful to ride a bicycle off of paths or streets, on paths designated by the city manager as closed to bicycles, or in areas reserved for pedestrian use in any park. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or on any paved area reserved for pedestrian use. Bicyclists shall at all times operate their bicycles in a manner which does not jeopardize the safety of others. I. Use of Skateboards and Skates. It is unlawful for any person to ride or operate a skateboard or skates on any brickwork, cobblestone or ornamental surface, railings, picnic table, bench, fountain area, planter or sculpture located in a park, except in areas specifically designated by the city manager for such use. J. Fires. No person shall build, light or maintain any open or pit fire within a city park. Gas or charcoal fires are permitted in portable or fixed barbeque units designed for that purpose, and burning charcoals must be fully extinguished and disposed of only in a suitable waste receptacle. K. Floating Devices. It is unlawful for any person to operate, occupy or otherwise use a floating device (e.g., boat, canoe, raft, inner tube, model boat, etc.) in any waters or waterways in or adjacent to a city park, except in places designated by the city manager for such purpose. L. Camping/Campfires. No overnight camping or campfires shall be permitted within any city park. M. Firearms/Explosive Devices. No firearms or explosive device of any kind shall, without permit, be permitted within any city park. Peace officers (as defined by ORS ), when in the performance of their duties or as authorized by state law, are exempt from this section. N. Uses of Certain Devices or Equipment. It is unlawful for any person to use a pellet or other air gun, bean shooter, slingshot, javelin, shot-put, discus, golf equipment, archery equipment or paintball equipment in any park, except in areas specifically designated by the city manager for the particular use. O. Advertising-Conducting Business. It is unlawful for any person to solicit for or conduct any business or to sell or to offer to sell any article or service or solicit for a charitable contribution in a public park unless such person has been granted a concession or permit by the city manager to do so. It is unlawful for any person to place or carry any structure, sign, bulletin board, and advertising device of any kind or erect any post or pole or make attachment of any notice, bill, poster, sign, wire, rod or cord to any tree, shrub, fence, railing, fountain, pole, post or structure or place any advertising or like device upon any portion or facility of a public park; provided, however, that the city manager or its designate may by written permit allow erection of temporary decoration on occasions of public celebration or holidays. P. Toilet Facilities. It is unlawful to urinate or defecate in any park except in a toilet facility designated for that purpose. Q. Vandalism. It is unlawful for any person to remove, destroy, break, injure, mutilate or deface in any way any structure, monument, statue, vase, fountain, wall, fence, railing, pond, vehicle, bench, tree, shrub, fern, plant, flower or other facility or part thereof in any park. R. Annoying Children and Others. It is unlawful for any person to annoy or follow children or distribute obscene literature or in any way annoy other persons. No one shall use loud, boisterous, threatening, abusive, insulting or indecent language, or behave in a disorderly manner or do any act tending to be a breach of the public peace within a park. S. Structures in Park. Unless permitted by the planning commission, and subject to the terms of such permit, it is unlawful for any person to excavate for, erect, install or do any act as a part of or commencement of excavation, erection or installation for a permanent or temporary structure or facility in any park. T. Waste Materials. No person shall scatter, discard or dispose of any garbage, bottles, broken glass, tin cans, or paper, litter or waste material of

154 any kind except in receptacles provided therefor. It is unlawful for any person to haul household garbage, rubbish or trash to the city park and deposit the same in the park. (Ord. O (part), 2005) Penalties. A. Any person who shall violate any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction before the municipal judge be punished by a fine of not more than five hundred dollars; each day or portion of a day such violation shall continue or occur shall be deemed a separate offense and violation and be punishable accordingly. B. Any damage to park property caused by an animal or person shall be the responsibility of such person or animal owner, and such person or owner shall be held liable for full value of the property damaged, including all costs of recovery and attorney fees. (Ord. O (part), 2005) heard. A person or persons receiving such notice may within five days thereof also appeal in writing to the city manager or its designate to have the exclusion period shortened or for a temporary waiver from the effects thereof for a good reason. D. Violation of such exclusion order when in effect shall be considered criminal trespass in the second degree. (Ord. O (part), 2005) Trespass. In addition to other penalties for violation of this chapter, the city manager, its designate, or the police chief of the city shall have the right to exclude any person who violates any provision of this chapter or any of the laws of the state of Oregon, or any rule or regulation duly made and issued by the King City city council, city manager or its designate, from any city park for a period of not more than thirty days. A. Such an exclusion order shall be in writing signed by the official issuing the same and shall be delivered by personal delivery or first class mail with return receipt. B. Such exclusion order shall be issued for violation of park rules or regulations or violation of other city ordinance or state law within a park, and only when such continued course of conduct would appear likely to present a clear and present danger to persons or property using or within a park, or be likely to deny another person or persons the right to use and enjoy park facilities. C. Such exclusion order may be appealed to the city council as provided in Section of this chapter but shall remain in effect until such appeal is

155 Title 13 PUBLIC SERVICES (RESERVED)

156 Title 14 (RESERVED)

157 Title 15 BUILDINGS AND CONSTRUCTION* Chapters: Building Codes Building Codes * Editor s Note: Former Chapters through are incorporated within a separate volume entitled King City Community Development Code.

158 Chapter BUILDING CODES Sections: State codes adopted Definitions Abatement of dangerous buildings Moving buildings Swimming pools Permits required Appeals Violation Penalty State codes adopted. A. Except as otherwise provided in this chapter, the following state specialty codes are adopted and shall be in force and effect as part of this municipal code: 1. State of Oregon Structural Specialty Code, 1993 Edition, including Chapter 70, Section , regarding Excavation and Grading, based on the 1991 Edition of the Uniform Building Code, adopted by the State of Oregon Building Codes Agency effective January 1, 1993, as authorized by ORS and ORS ; 2. The 1991 Uniform Building Code standards as published by the International conference of Building Officials; 3. State of Oregon Mechanical Specialty Code, 1993 Edition, based on the 1991 Edition of the Uniform Mechanical Code, adopted by the State of Oregon Building Codes Agency effective January 1, 1993, as authorized by ORS and ORS ; 4. State of Oregon Plumbing Specialty Code, 1992 edition, based on the 1991 Edition of the Uniform Plumbing Code, adopted by the State of Oregon Building Codes Agency, effective February 1, 1992, as authorized by ORS and ORS ; 5. State of Oregon One and Two Family Dwelling Specialty Code, 1990 Edition based on the 1989 Edition of the Council of American Building Officials, adopted by the State of Oregon Building Code Agency, effective April 1, 1990, as authorized by ORS , , and ; B. At least one copy of each of these specialty codes shall be kept by the building official and the city recorder, and shall be available for inspection upon request. (Ord , 1993) Definitions. Except where the context clearly indicates a different meaning, the general definitions appearing in codes mentioned in Sections through of this chapter, shall be applicable throughout this chapter. Additional definitions follow: Building means any structure used or intended for supporting or sheltering any use or occupancy. Building official means a city of Tigard employee designated to enforce this title pursuant to a current building inspection agreement between the city of Tigard and King City. City engineer means the city engineer or the city engineer s designee responsible for enforcing this title. Dangerous building means as follows: a dangerous building or structure is one which has any or all of the following conditions or defects provided that the condition or defect exists to the extent that the life, health, property or safety of the public or the occupants of the building are endangered: 1. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic; 2. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the state building code for new buildings of similar structure, purpose or location; 3. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before

159 such catastrophe and is less than the minimum requirements found in this chapter for new buildings of similar structure, purpose or location; 4. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 5. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in placed so as to be capable of resisting a wind pressure of onehalf of that specified in this chapter for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted in this chapter for such buildings; 6. Whenever any portion thereof has cracked, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction; 7. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse; 8. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used; 9. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base; 10. Whenever the building or structure, exclusive of the foundation, shows thirty-three percent or more damage or deterioration of its supporting member or members, or fifty percent damage or deterioration of its non-supporting members, enclosing or outside walls or coverings; 11. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become (a) an attractive nuisance to children; (b) a harbor for vagrants, criminals or immoral persons; or as to (c) enable persons to resort thereto for the purpose of committing unlawful or immoral acts; 12. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of the city as specified in this chapter, or of any law or ordinance of the state or city relating to the condition, location or structure of buildings; 13. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion, less than fifty percent, or in any supporting part, member or portion less than sixty-six percent of the (a) strength; (b) fire resisting qualities or characteristics, or (c) weather resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location; 14. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidated condition, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the building official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; 15. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard; 16. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public; 17. A building or structure that, for the want of proper repairs, or by reason of age and dilapidated

160 condition, by reason of poorly installed electrical wiring or equipment, defective chimney, defective gas connection, defective heating apparatus, or for any other cause or reason, is especially liable to cause a fire; 18. A building or structure containing combustible or explosive material, rubbish, rags, waste, oils, gasoline or flammable substance of any kind, especially liable to cause a fire or danger to the safety of the building, premises, or to human life. Fire marshal means the chief of the fire district designated to administer the Uniform Fire Code in the area where the dangerous building is located. Local appeals board means three members of the city planning commission as appointed by the council. Owner means the record holder of legal title or where real property is being purchased through a lender or by a recorded land sale contract, the purchaser who holds equitable title. For purposes of this chapter, the owner shall be the person responsible for purposes of enforcement. Person in charge of property means an owner, purchaser under contract, lessee, tenant, licensee or other person having possession or control of property. Street means any highway, road, street or alley as defined in ORS Section (1). Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. Swimming pool means an outdoor swimming pool or other body of water designed or used for the purpose of swimming, dipping, wading or immersion of human beings which has a depth at any point in excess of twenty-four inches, whether above or below grade, and whether intended to be temporary or permanent in nature. (Ord. O (A), (B), 1990; Ord. O , 1990) Abatement of dangerous buildings. A. Notice Required. 1. In situations where there are both a legal title holder and an equitable title holder, a copy of the notice shall be mailed by certified mail, return receipt requested, to the legal title holder; 2. A statement of the action required to cure or remedy the condition shall include the following: a. If the building official has determined that the building or structure must be repaired, the order shall require that all required permits be secured and the work physically commenced within such time as the building official shall determine is reasonable under all of the circumstances; b. If the building official has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a time certain from the date of the order as determined by the building official to be reasonable; c. If the building official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the building official shall determine is reasonable from the date of the order; that all required permits be secured from the date of the order, and that the demolition be completed within such time as the building official shall determine is reasonable; d. Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the building official (i) will order the building vacated and posted to prevent further occupancy until the work is completed, and (ii) may proceed to cause the work to be done and charge the costs thereof against the property or its owner. B. Notice of Unsafe Occupancy. 1. Posting Notice. In conjunction with an order to vacate, a notice shall be posted at or upon each exit of the building and shall be in substantially the following form: DO NOT ENTER UNSAFE TO OCCUPY It is a violation of the Building Code Ordinance to occupy this building or to remove or deface this notice.

161 Building Official City of King City 2. Compliance. a. Upon an order to vacate and the posting of an unsafe building notice, no person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. b. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a certificate of occupancy issued pursuant to the provisions of this chapter. C. Abatement. A dangerous building may be abated in the manner provided by Chapter 8.04 of this code. (Ord. O (C), 1990; Ord. O , 1990) Moving buildings. A. Permit Required. 1. For the purpose of this section, building is one that exceeds eight feet in width, or as loaded for moving, extends upward more than thirteen and onehalf feet from the ground; 2. No person shall move a building on or onto a lot within the city without first applying for and obtaining a permit under this chapter; 3. No person shall move a building on or onto a lot within the city in violation of a provision of this chapter or of the provisions of the permit issued under this chapter; 4. In addition to provisions of this chapter, a permit shall be obtained pursuant to Chapter 10.20, Moving Oversize Loads. B. Application and Fee. 1. Application for a permit to move a building on or onto a lot shall be made to the city on forms provided by the city and shall include the following information: a. The name and address of a person who owns the building, b. The name and address of a person engaged to move the building, c. The location from which the building is proposed to be moved, d. The proposed new site of the building and its zoning classification, e. The dimensions, type of construction and approximate age of the building, f. The use or purpose for which the building was designed, g. The use or purpose to be made of the building at its new location, h. Any additional information the cities consider necessary for a fair determination of whether the permit should be issued; 2. In situations where the city s design review standards apply, the applicant shall also make application and submit all necessary information for design review approval; 3. An application shall be signed by the owner of the building to be moved or by the person engaged to move the building; 4. The permit shall not be issued until the applicant pays a permit fee to defray the costs of issuing the permit. The amount of the fee shall be set by the city through their ordinances or resolutions. A deposit to the city to defray costs incurred shall also be required in accordance with the city s schedule of fees and penalties as approved through resolution of the city council. Refund will be made for unused portion for police services. C. Plans Required for Permit. A minimum of two sets of plans shall be submitted with each application for a building permit. The plans shall be drawn to scale and shall be indicate the location, nature, and extent of the work proposed and show in detail that it will conform to the provisions of the building code and other relevant laws, ordinances and regulations. D. Inspection. After receiving the application, King City staff shall submit a copy of the application to and request that the chief of police and the city manager s designee review the application and proposed moving route for approval. E. Utility Installations. The permit shall not be issued unless the applicant submits signed statements from the owners of the overhead electric wires and

162 poles and other overhead utility installations along the route on which the building is to be moved that: 1. The moving will not interfere with or endanger the installations; or 2. The applicant has made arrangements to the satisfaction of the owners for protecting the installations, paying for whatever damage the moving causes them, and for reimbursing the owners for any costs of removal and reinstallation of the installations that the moving necessitates. F. Performance Bond. The permit shall not be issued until the applicant furnishes the city a performance bond executed by the applicant with a surety company authorized to do business in this state and approved as to form and amount by the city engineer, or cash deposit with the city in an amount approved by the city. A bond shall guarantee that the applicant will: 1. Conform to all requirements imposed by the city relating to the moving of the building; 2. Promptly repair to the satisfaction of the city any damage to pavement, sidewalks, hydrants, sewers, water lines, streets, alleys or other public or private property done or caused by the applicant, the applicant s servants or employees in moving the building; and 3. Within three months after the permit is granted, if the relocated building will be relocated within the city limits, have the relocated building ready for occupancy and use in accordance with the building and zoning regulations of the city in effect at the time the permit is issued. G. Issuance of permit. The city shall issue the permit subject to any necessary conditions if: 1. The application complies with the requirements of this chapter; 2. Application complies with regulations stipulated Chapter 10.20, Moving Oversize Loads. 3. The moving can be accomplished without damage to property or, in case of damage to the property, it is consented to by the owner of the property or is to be paid for to the owner s satisfaction; 4. The building at its new site, if within the city, will conform to the requirements of Title 17 of this code; 5. All requirements of this chapter have been complied with. H. Liability. The permit shall not constitute an authorization for damaging property. The permit shall not constitute a defense against any liability the permittee incurs for personal injury or property damage caused by the moving. I. Equipment. Equipment used to move buildings along or across the public streets of the city shall be equipped with pneumatic tires, which shall be the only part of the equipment to come in contact with the surfaces of the streets, except planking as required by the city manager s designee. The city manager s designee may require the permittee to proceed on planking of specified dimensions when the designee considers the planking necessary to prevent damage to a public street or other property. J. Litter. A person moving a building under a permit authorized by this chapter shall promptly remove from public streets and private property all litter produced by the moving. K. Revocation. The building official may refuse to issue a permit or may revoke a permit issued under this chapter if: 1. The permittee violates or cannot meet a requirement of the permit or a section of this chapter; or 2. Grounds, such as a misstatement of fact exist for revocation, suspension or refusal to issue the permit. (Ord. O , 1994; Ord. O , 1990; Ord. O (D), (E), 1990; Ord. O , 1990) Swimming pools. A. Application. The provisions of this chapter shall apply to all special pools and swimming pools, except swimming facilities regulated under state law. B. Permit Required. 1. No person shall construct, install, enlarge, or substantially remodel any swimming pool or fencing required in connection with it without first obtaining a permit from the building official. 2. The city permit application fee shall be as required by the city s schedule of fees and penalties as approved through resolution of the city council.

163 Application for a permit from the city of Tigard shall be accompanied by an application fee in accordance with Tigard s ordinances and/or resolutions. 3. Permits for temporary pools shall be obtained for the original installation only; however, subsequent installations shall be located on the same property and conform to the original approved plan or a new permit will be required. C. Protective Enclosure for Swimming Pool. 1. A person in charge of property on which a swimming pool is situated shall maintain on the lot and completely surrounding the pool an enclosure consisting of a fence or wall not less than four feet in height. The fence shall be constructed so that it does not have openings, holes or gaps larger than four inches in any dimension except for doors and gates. If a picket fence is used, the openings between the pickets shall not exceed four inches in width. A dwelling house or accessory building may be used as part of the enclosure. The enclosure shall be of a pattern and type so as to discourage children from climbing, that is incapable of being crawled under and that is sufficient to make the pool inaccessible to small children. No enclosure shall be nearer than three feet from the outer walls of a swimming pool. 2. All gates or doors opening through the enclosure shall be equipped with a self-closing and selflatching device installed at least forty inches above the ground or base, designed and capable of keeping the door or gate securely closed at all times when not in actual use; except that the door of a dwelling occupied by human beings and forming a part of the enclosure required need not be so equipped. D. Swimming Pool Location. 1. Setback. No part of a swimming pool shall be constructed or installed within three feet of a side or rear yard lot line or within a public utility easement. 2. Angle of Repose. No part of a swimming pool shall be constructed or installed within the angle of repose of the solid supporting a structure on the same or an adjacent lot. The angle of repose shall be determined by the city engineer. E. Protective Enclosure for Special Pools. 1. A person in charge of property within a residential area on which is situated a special pool shall construct and maintain an acceptable enclosure and securely close off or block all entrances to it. 2. An acceptable enclosure shall be one of the following: a. An enclosure completely surrounding the special pool, as provided in subsection C of this section; b. A wire screen or cover of sufficient strength to hold a weight of at least seventy-five pounds and installed not more than six inches below the surface of the water at all times. F. Administration. The building official shall be responsible for the administration of this chapter and may: 1. Adopt reasonable rules and regulations pertaining to the administration of this chapter subject to city council approval; 2. Make modifications in individual cases on a showing of good cause with respect to the height, nature or location of the protective enclosure, or the necessity therefore, provided the protection sought by this ordinance is not reduced by the modification; 3. Permit other protective devices or structures to be used as long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the protective enclosure required by subsections C and E of this section. G. Conformance with Law. This chapter shall not be a substitute for or eliminate the necessity of conformity with all state laws, rules and regulations, and any code section or other city ordinance which are now in effect and that relate to the matters regulated by this chapter. (Ord. O , 1994; Ord. O , 1990) Permits required. A. In addition to all other permits required by law to be issued by or through the city, no person, firm or corporation shall commence construction, reconstruction, alteration, modification, installation, relocation, expansion or enlargement of any of the activities identified below without first obtaining a

164 permit and paying appropriate fees according to the city s schedule of fees and penalties resolution. 1. The exterior structure of all buildings; 2. Structural, electrical or plumbing modifications in or to all buildings; 3. Exterior signs in or upon any property or buildings excluding signage identifying the name and/or address of the occupants and signage for the sale or lease of the premises per Chapter of this title; 4. Flag, radio poles or aerial antenna to be attached to the structure or premises; 5. Exterior equipment, machinery and appliances for heating, cooling or air conditioning of buildings; 6. Structures detached from the dwelling unit within residential areas; 7. To the extent permitted by law, the use of a residential dwelling unit for business or commercial purposes. B. A permit shall be issued by the city for the activities identified above if the city finds that the activity for which the permit is sought is in compliance with the following: 1. All statutes, ordinances, resolutions, rules and regulations administered by and through the city which are applicable to the activity. This includes the collection of all permit fees due in accordance with city ordinances and/or resolutions relating to the respective permits. 2. The construction, reconstruction, relocation, alteration, modification or enlargement of any structure shall be compatible and consistent with the established architectural design, building materials and color patterns of other similar structures in the city. (Ord. O (F), 1990; Ord. O , 1990) Appeals. Section 204 of the Structural Specialty Code more fully described in Section (A) of this chapter is amended to read as follows: A. Any orders, decisions or determination made by building official relative to the application and interpretation of the state building code, or a decision denying the issuance of a permit, may be submitted by the applicant to the city manager for review and possible resolution. B. The applicant may appeal the building official s decision relating to subsection A of this section as follows: 1. An appeal involving any matters directly related to the provisions of any of the specialty codes described in Section of this chapter may be made to the local appeals board. The decision of this board shall be final. 2. An appeal involving any other matter may be made in writing to the city council. The council shall act as an administrative tribunal and shall schedule a hearing on the appeal. Following this hearing, the council shall issue a written opinion on the appeal within a reasonable time. The decision shall be final. 3. An appeal fee as required by the city s schedule of fees and penalties as approved through resolution of the city council shall be charged the applicant. C. The city manager shall determine whether the matter or matters under appeal directly relate to the provision of any of the specialty codes described in Section of this chapter. (Ord. O , 1994; Ord. O , 1990) Violation Penalty. A. No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, occupy or maintain a building or a structure in the city, or cause the same to be done contrary to or in violation of this chapter. B. No person shall install, alter, repair, replace, improve, convert, equip or maintain any mechanical equipment or system in the city, or cause the same to be done contrary to or in violation of this chapter. C. No person shall install, remove, alter, repair, replace, improve or maintain any plumbing or drainage piping work or any fixture or water heating or treating equipment in the city, or cause the same to be done contrary to or in violation of this chapter. D. Violation of Section of this chapter constitutes a public nuisance and shall be enforced in accordance with Chapter 1.12 of this code. E. Each violation of a separate provision of this chapter shall constitute a separate violation; and

165 each day that a violation of this chapter is committed or permitted to continue shall constitute a separate violation. F. If a provision of this chapter is violated by a person, firm or corporation, the officer(s) or person(s) responsible for the violation shall be subject to the penalties imposed by this chapter. G. The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under city ordinance or state statute. H. Violation of this chapter shall be punishable, upon conviction, as a violation with a minimum fine as required by the city s schedule of fees and penalties as approved through resolution of the city council. Anyone failing to obtain a permit prior to initiating any work requiring a permit in accordance with this chapter, shall be in violation and shall pay a fine as required by the city s schedule of fees and penalties as approved through resolution of the city council. (Ord. O , 1994; Ord. O (H), 1990; Ord. O , 1990) Chapter BUILDING CODES Sections: Title Definitions State codes adopted Administration Violation Penalty Remedies Title. This chapter shall be known as the King City building code. (Ord (part), 1999) Definitions. For the purpose of Sections through of this chapter, the following terms shall mean: Building official means the designee appointed by the city manager or city council, either directly or through an intergovernmental agreement authorized by Section of this chapter, and is the person responsible for building inspections and enforcement of the state building code. State building code means the combined specialty codes listed in Section of this chapter. (Ord (part), 1999) State codes adopted. A. The following codes, standards and rules are adopted and shall be in force and effect as part of this code: 1. The Oregon State Structural Specialty Code (1997 Ed.) including appendix Chapter A33; 2. The Oregon State Mechanical Specialty Code (1996 Ed.); 3. The Oregon State Plumbing Specialty Code (1994 Ed.); 4. The Oregon State Electrical Specialty Code (1996 Ed.); 5. The One and Two Family Dwelling Specialty Code (1996 Ed.) including appendix Chapters D and E ; 6. Mobile or manufactured dwelling parks requirements; temporary parks requirements; manufactured dwelling installation, support and tiedown requirements and park or camp requirements as adopted by the Building Codes Division of the Department of Consumer and Business Services in Oregon Administrative Rule (OAR) Chapter 918, Division 500 (1997). B. To the extent permitted by law, the city adopts any amendment(s) to the above listed specialty codes as those amendments are lawfully adopted by the Building Codes Division of the Oregon Department of Consumer and Business Services without further action by the council. C. At least one copy of each of these specialty codes shall be kept by the building official and shall be available for inspection upon request. (Ord (part), 1999) Administration. A. The city shall provide either directly, or through an intergovernmental agreement, a program of building code administration, including plan review, permit issuing and inspection for structural, mechanical, electrical and plumbing work. The pro-

166 gram shall be administered by the building official. The program shall operate pursuant to the state specialty codes listed in Section and the remainder of this chapter. B. Administration and enforcement of Appendix Chapter 33, Excavation and Grading, as adopted by Section (A)(1) of this chapter shall be by the building official and city engineer. Where the term building official is used in Chapter 33, it shall mean either the building official or the city engineer. C. The city manager may enter into intergovernmental agreement(s) (consistent with the terms of ORS to ORS ) to administer the terms of the state building code on behalf of and for the city. (Ord (part), 1999) penalties and remedies available under this code or state statute. (Ord (part), 1999) Violation Penalty Remedies. A. No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, occupy or maintain a building or structure in the city, or cause the same to be done contrary to, or in violation, of this chapter. B. No person shall install, alter, replace, improve, convert, equip or maintain any mechanical equipment, electrical equipment or related system(s) in the city, or cause the same to be done contrary to, or in violation, to this chapter. C. No person shall install, alter, replace, improve, convert, equip or maintain any plumbing or drainage piping work or any fixture or water heating or treating equipment in the city, or cause the same to be done contrary to or in violation of this chapter. D. Each day that a violation of a provision of this chapter exists constitutes a separate violation. E. Notwithstanding any other remedies available under the terms of this code or state statute, if the building official determines in his sole discretion that any building under construction, mechanical work, electrical or plumbing work on any building or any structure within the city poses an immediate threat to the public health, safety or welfare, he is hereby authorized to order the work halted and the building or structure vacated pending further action by the city. F. The penalties and remedies provided in this section are not exclusive and are in addition to other

167 Title 16 COMMUNITY DEVELOPMENT AND ZONING CODE* Chapters: Article I. Introduction and General Provisions Title Purpose Scope Consistency with Plan and Laws Severability Definitions Planning Participants Article II. Procedures Introduction Development Permit Types of Development Actions and Determination of Proper Procedure Processing Development Actions Requirement for Community Meetings Notice of Development Actions Public Hearings Burden of Proof Decision Reconsideration of Administrative, City Manager or Planning Commission Decisions Appeals Reconsideration of a City Council Decision Enforcement Article III. Land Use Districts General Provisions Unlisted Use: Authorization of Similar Use Small Lot and Attached Residential Zone (R-9) Single-Family Residential Zone (SF)

168 16.92 Apartments and Townhouses Zone (AT) Attached Residential Zone (R-12) Multi-family Residential Zone (R-15) Multi-family Residential Zone (R-24) Limited Commercial Zone (LC) Community Facilities Zone (CF) Recreation Open Space Zone (ROS) Article IV. Development Standards Solar Balance Point Standards Manufactured/Mobile Home Regulations Landscaping and Beautification Tree Removal Parking and Loading Circulation and Access Floodplain and Drainage Hazard Areas West King City Planning Area Goal 5 Safe Harbor Review Vision Clearance Residential Density Calculation Signs Planned Development Article V. Development Review Site Plan Review Conditional Uses Nonconforming Situations Variance Temporary Uses Home Occupations Accessory Structures Accessory Dwelling Units Fences and Walls Patio Covers and Patio Enclosures Decks/Spas and Hot Tubs Annexation Article VI. Land Division Subdivision

169 Major and Minor Land Partitions and Lot Line Adjustments Solar Access Standards for New Development Article VII. Public Facilities and Services Improvements Neighborhood Circulation * Editor s Note: Former Titles 16 and 17, Subdivisions and Zoning, respectively, were repealed by Ord and incorporated within a separate volume entitled King City Community Development Code. In March, 2004, the King City Community Development and Zoning Code was recodified as Title 16 of the King City Municipal Code. The zoning map adopted by Ord. O is on file in city hall.

170 Article I. Introduction and General Provisions Sections: Title. Chapter TITLE Title. This title shall be known as the King City community development and zoning code. (Ord (part), 1996) Chapter PURPOSE Sections: Purpose Purpose. The purpose of this title is to implement the King City comprehensive plan through the adoption and coordination of planning development and zoning regulations which provide for the health, safety and general welfare of the citizens of King City. (Ord (part), 1996) Sections: Scope. Chapter SCOPE Scope. Land within King City may be used, or developed by land division or otherwise, and a structure may be used or developed by construction, reconstruction, alteration, occupancy or otherwise only as the comprehensive plan and this title permit. The provisions of this title apply to any person developing land or a structure, and to the person s successor(s) in interest. (Ord (part), 1996) Chapter CONSISTENCY WITH PLAN AND LAWS Sections: Compliance Minimum requirements Compliance. All development of land or structures in King City shall comply with the King City comprehensive plan, King City Charter, and applicable regional, state, federal and local laws. Determination of compliance with regional, state, federal or local laws shall be made by the applicable regional, state, federal or local authority responsible for administering the subject law(s). A determination of compliance with such law shall not be a standard or condition of approval, except that proof that mandatory permits have been obtained may be required by specific standards of this title or as a condition of approval imposed by the approval authority. Nothing in this title shall relieve a use or development from compliance with other applicable laws except as provided herein. (Ord (part), 1996) Minimum requirements. Unless otherwise specified, the provisions of this title shall be held to be minimum requirements. Where this title imposes greater restrictions than are imposed or required by other provisions of law or by other rules or regulations, the provisions of this title shall control. (Ord (part), 1996) Chapter SEVERABILITY Sections: Severability.

171 Severability. If any portion of this title is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this title. (Ord (part), 1996) Chapter DEFINITIONS Sections: Meaning of words generally Definitions of specific terms Definitions of land use types Solar access figures Meaning of words generally. A. All of the terms used in this title have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary. B. All words used in the present tense include the future tense. C. The words shall and must are mandatory and the word may is permissive. (Ord (part), 1996) Definitions of specific terms. As used in this title the following words and phrases shall mean: Abut/abutting means two or more properties or lots joined by a common boundary or point. Access means the right to cross between public and private property allowing pedestrians, bicyclists, and vehicles to enter and leave property. Accessory building or structure means a structure incidental and subordinate to the main use of a property and located on the same lot as the main use. Accessway means any off-street way, which is intended for the primary use of pedestrians and/or bicyclists. Adult Foster Home means an adult foster home licensed by or under the authority of the state (Mental Health and Developmental Services Division), which provides residential care alone or in conjunction with treatment or training or a combination thereof for less than six individuals. These individuals need not be related. Staff persons needed to meet licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential home. Appeal means a request that a final decision by an approval authority be considered by a higher authority as described in this title. Applicant means a person who applies for a land use review or building permit. An applicant can be the owner of the property or someone who is representing the owner such as a builder, attorney, developer, optional purchaser, consultant or architect. Approval authority means either the city manager, planning commission or city council. Bikeway means any road, path or way open to bicycle travel regardless of whether such facilities are designed for the preferential use of bicycles or are to be shared with other transportation modes. This includes a shared roadway, shoulder bikeway, bike lane or accessway. Building means any structure having a roof supported by columns or walls and used for housing or enclosure of persons, animals, or property of any kind. Building height means the vertical distance between the highest point of a structure and the average grade along the front foundation. Caliper means the thickness or diameter of a tree measured six inches above the ground or root ball. City means the city of King City, Oregon. City council or council means the city council for the city of King City, Oregon. City manager or manager means the administrative head of the city or such other city employee or consultant who may from time to time be designated

172 by the city manager to perform the functions delegated to the city manager. Complete application means the submittal of materials by an applicant in support of a land use application which contains all of the necessary information required by this title. If the total submittal is determined to be incomplete by the city manager, and the applicant chooses to rely only on the material submitted, the application shall be considered to be complete thirty days after the applicant is informed that the application is deficient. Comprehensive plan means the current King City comprehensive plan. Cutting means falling or removal of a tree, or any procedure the natural resort of which is to cause the death or substantial destruction of a tree. Cutting does not include normal trimming, pruning or topping of trees. De novo means beginning a new hearing with no reliance on the record of previous decisions or hearings. Density means the intensity of residential land use expressed as the number of dwelling units per gross acre. Development means any short plat, partition, subdivision or planned unit development that is created under the city s land division or zoning regulations. It also refers to any man-made change to improved or unimproved real estate, including but not limited to construction, installation or change of a building or other structure, change in use of building or structure, land division, establishment, or termination of right of access, storage on the land, tree cutting, drilling, and site alteration such as that due to land surface improvements for use as parking, excavation or clearing. Discretionary means the freedom to make choices using criteria that may be interpreted in a variety of ways depending upon the circumstances of the land use decision. Drainageway means a normal stream or drainage channel needed to convey waters of a twentyfive-year storm. Drip line means the ground within the perimeter of the foliage of a tree. Dwelling unit means a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, cooking, eating and sanitation. Easement means the right to use land in a limited way for a stated purpose. Family means one or two individuals or two or more persons related by blood, marriage, legal adoption or legal guardianship, living together as one housekeeping unit using one kitchen and providing meals or lodging to not more than two additional persons, excluding servants. Flood plain, or flood plain, one hundred-year means the flood-hazard area adjoining a stream or drainageway feature that has a one percent chance of occurrence in any single year (one hundred-year flood) and areas subject to flooding that have been identified based on historical information. The one hundred-year flood plain includes the floodway and floodway fringe. Flood surface elevation means the elevation of the surface water of a floodplain or drainage hazard area. Floodway means the normal stream or drainage channel and that adjoining area of the natural flood plain needed to convey flood water, and including the zero-foot rise floodway area defined by the U.S. Army Corps of Engineers Flood Insurance Study, February Floodways must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation. Floodway fringe means the area within the flood plain lying outside of the floodway. Greenways means any off-street way, which is intended for travel use by pedestrian and bicyclists, but also intended for recreational use. Greenways may include linear parks, open space corridors or multi-purpose corridors, as long as they are particularly intended for travel use by pedestrians and bicyclists. Landscaped open space means lot area exclusive of building, roofed areas, parking and driveways, planted and maintained in grass, shrubbery or trees. Landform alteration means any man-made change to improved or unimproved real estate, in-

173 cluding but not limited to the addition of buildings or other structures, mining, quarrying, dredging, filling, grading, earthwork, construction, stockpiling of rock, sand, dirt or gravel or other earth material, paving, excavation or drilling operations located within a sensitive land area. Legislative refers to an amendment to this title or the comprehensive plan or a land use decision that applies to a large number of individuals or properties. Loading area means the area available for the maneuvering and short-term parking of vehicles engaged in delivering and loading of passengers, freight or other articles. Lot means a parcel or tract of land. Lot area means the total horizontal area within the lot lines of a lot exclusive of streets and easements of access to other property. Lot, corner means a lot that is located at the intersection of two or more public street rights-of-way. Lot coverage means the percentage of a lot that may be covered by impervious surface including buildings, driveways, sidewalks and parking areas. Lot depth, average means the depth of the lot measured from the midpoint of the opposing side lot lines. Lot, interior means a lot that has street frontage on only one side. Lot line means the legal boundary of a parcel, tract of land or lot. 1. A front lot line is a lot line that abuts a street. 2. A rear lot line is a lot line that is opposite from the front lot line. In the case of more than one front lot line, the rear lot line shall only correspond with one of the front lot lines. If a lot has street frontage on opposing sides, the rear lot line shall correspond with the street frontage where vehicular access is not allowed or provided. 3. Side lot lines are the remaining property boundaries that are neither front or rear lot lines. Lot line adjustment means a modification to the common boundaries of two or more parcels or tracts of land which does not result in the creation of any additional parcels or tracts of land. Lot width, average means the width of the lot measured from the midpoint of the front and rear lot lines. Mixed solid waste means solid waste that contains recoverable or recyclable materials, and materials that are not capable of being recycled or recovered for further use. Monument means a fixed, permanent and visible landmark indicating property boundaries. Nonconforming use or structure means a lawfully existing use or structure that was approved or established prior to an amendment to this title for which it does not comply. Non-residential building means a structure that is used for any non-residential function, including but not limited to office, retail, educational and institutional uses. Off-site means all lands or facilities which are within the analysis area but is not on-site. On-site means all lands in the development application and one-half the right-of-way (to centerline) of roads lying adjacent to such lands. Owner means the owner of record of real property as shown on the latest tax rolls of Washington County, or by the deed records of said county, or a person who is purchasing a parcel of property under contract. Parking space means a space designed to provide for the short-term or long-term storage of motor vehicles. Partition means a division of a parcel or tract of land into two or three lots within a calendar year. Partition does not include: 1. A division of land resulting from a lien foreclosure, foreclosure, foreclosure of a recorded contract for the sale of real property or the creation of cemetery lots; 2. An adjustment of a property line by the relocation of a common boundary where an additional lot is not created and where the existing unit of land reduced in size by the adjustment complies with all applicable ordinance provisions; or 3. A sale or grant by a person to a public agency or public body for state highway, county road, city street or other right-of-way purposes.

174 Patio cover means a one-story structure erected above a patio which does not exceed twelve feet in height. Patio enclosure means a patio having a cover and one to three walls built in compliance with Section 4901 of the uniform building code. Enclosure walls may have any configuration, provided the open area of the longer wall and one additional wall is equal to at least sixty-five percent of the area below a minimum of six feet eight inches of each wall, measured from the floor. Openings may be enclosed with insect screening or plastic that is readily removable translucent or transparent plastic not more than inches in thickness. Pedestrian oriented uses means those land uses which by their nature or neighborhood orientation attract a greater than average level of pedestrian use. Pedestrian oriented uses include but are not limited to schools, parks, transit stops, recreation centers and neighborhood commercial centers. Person means an individual, firm, partnership, corporation, company, associations, syndicate or any legal entity, and including any trustee, receiver, assignee or other similar representative thereof. Planning commission or commission means the planning commission of King City, Oregon. Plat includes a final subdivision plat or replat containing all the descriptions, locations, dedications, specifications, provisions and information concerning a subdivision, suitable for filing under the regulations of this title and state law. Quasi-judicial means a land use action which involves the application of adopted comprehensive plan policies and the provisions of this title to a specific land use application, effecting identified parcels of land or property owners. Reserve strip means a strip of land reserved between the end or side of a street or alley and on abutting parcel of land, or a strip of land between a dedicated street of less than full width and an abutting parcel of land, held for future street extension or widening. Right-of-way means the area between boundary lines of a public way. Riparian area means the area adjacent to a river, lake or stream, which is the area of transition from an aquatic ecosystem to a terrestrial ecosystem. For the purposes of this title they shall include areas within seventy-five feet of the top of bank for the Tualatin River. Road or street means a public or private way that is created to provide access for persons to one or more lots, parcels or tracts of land. Sensitive lands means those areas that are within a drainageway, one hundred-year flood plain, or wetland as defined in this title. Setback means the shortest horizontal distance between the wall or foundation of a building and property line with the exception of garage setback. 1. Front setback is measured from a front lot line. 2. Garage setback is measured from a street lot line to the entrance to a garage or carport, following the center of the driveway. 3. Rear setback is measured from a rear lot line. 4. Side setback is measured from an interior side lot line. 5. Street setback is measured from a side lot line which abuts a street. Sidewalk means a concrete way located generally parallel to a street within the right-of-way which meets adopted design standards. It is primarily intended for use by pedestrians. Sight obscuring refers to any fence, wall or vegetation which conceals or makes indistinct any object viewed through such a fence, wall or vegetation. To be sight obscuring, vegetation must be capable of providing this level of screening within two years after planting. Sign Definitions (related to Chapter ): 1. Abandoned sign means a sign associated with a business, lessor, owner, product, use of property or activity which ceases or is no longer conducted or available on the premises where such sign is displayed. 2. Alteration means a structural, visual, electrical or mechanical modification to a sign. Alteration includes change of copy, the addition or re-

175 moval of parts, and the replacement of parts, but does not include normal, periodic maintenance. 3. Banner means nonrigid material mounted to allow movement caused by the wind. National flags, flags of political subdivisions and symbolic flags of an institution, group or business are excluded. 4. Bulletin board means a permanent freestanding or wall mounted, metal framed, enclosed sign with dark background, and changeable letters no larger than two inches and used primarily for noncommercial public announcements. 5. Canopy means a rigid non-movable rooflike structure. 6. Development means any man-made change to improved or unimproved real property including, but not limited to, a building or group of architecturally related buildings, other structures, subdivision or land partition, landscaping, grading, filling, paving and placement of a sign. 7. Directory sign means a sign listing the names, uses or locations of not less than three businesses or activities, conducted within a building or group of architecturally related buildings. 8. Fascia means the flat surface or band attached to the front of a sloping roof or the edge of a flat roof. It is parallel to the front of the building and perpendicular to the ground. It is not to be construed as the underside of the roof canopy. 9. Flashing sign means a sign with intermittent illumination, except time or temperature signs. 10. Freestanding sign means a sign attached to the ground by one or more poles, columns or similar supports and not attached to a building. 11. Frontage means the length of a property line abutting a public right-of-way. 12. Height or height of sign means the vertical distance from ground level to the highest point of a sign or any vertical and projection thereof. 13. Ideological sign means a sign which communicates a political, moral, philosophical or religious sentiment but which does not promote any commercial purpose or refer to a political candidate or election measure. 14. Illegal sign means a sign which is erected, constructed, altered, relocated or maintained in violation of any of the provisions of this chapter. 15. Incidental sign means a permanent directional sign, intended for the convenience of the public and limited to information such as hours, telephone numbers, credit cards, entrance, exit, open, closed and information required by law. 16. Marquee means a projection, permanent, roofed structure attached to and supported by a building. 17. Nameplate means a non-illuminated wall sign identifying only the name and occupation of the occupant of the premises. 18. Nonconforming sign means a sign lawfully erected and existing prior to the adoption of this chapter, but which does not meet the requirements of this chapter. 19. Obscene sign means a sign which contains words or pictures in which the dominant theme taken as a whole appeals to the prurient interest in sex or is patently offensive because if affronts the contemporary community standard relating to the description or representation of sexual material which is without redeeming social value. 20. Obstructing sign means a sign which interferes with the use of a fire escape, exit or a window such that light, ventilation or ingress and egress is reduced below the minimum required by law. 21. Reserved. 22. Pennant means a triangular flag which is tapered to a point or swallow tail. 23. Permit review means consideration by the planning commission or city manager of permit application for new signs, sign changes, alterations, relocations, construction and new development. 24. Political sign means a temporary sign pertaining to any general, primary or special election. 25. Portable sign means a sign which is not permanently affixed to a building, structure or the ground. Portable signs include, but are not limited to, A-frames, sandwich boards and portable reader boards.

176 26. Projecting banner means a banner attached to a flagpole or similar support which is attached to or projects from a structure or building face. 27. Public sign means a sign erected and maintained by a municipal, state or federal government, or any political subdivision or agency thereof. 28. Reader board or changeable copy sign means a sign which is not enclosed in a case and is characterized by changeable track-mounted copy, which is changed. 29. Real estate sign means a temporary sign which advertises specific real property for rent, lease, sale or future development. 30. Roof sign means a sign not to exceed four feet in height erected and maintained upon or against a sloped flat roof of a building, including signs attached to any structure containing mechanical equipment. Roofs included in this definition include mansard, gable, pitched or flat roofs. 31. Rotating sign or moving sign means a sign or portion thereof designed to move as a result of an internal mechanism or the wind. Such signs shall not include banners or flags. 32. Sign means ad identification, description, illustration, symbol or device, but not an architectural feature of a building which is affixed directly or indirectly upon a building, vehicle, structure or lane. Signs identify or direct attention to a product, place, activity, person, institution, business, use, idea, belief, candidate or political issue. 33. Sign area shall include the entire sign, including face, frame, graphic information incidental to its decoration, and any spacing between letters, figures and designs. The sign area shall not include the sign structure. When the sign consists only of letters, figures or designs which are engraved, painted, projected or fixed on a wall, monument, roof or a window sign, total area of the sign shall be the area of the smallest geometric shape or combination of the regular geometric shapes with which all of the fixed lettering, spacing between letters and graphic information is displayed. 34. Sign face means the surface to which letters and graphic information are affixed in order to make a sign. 35. Sign structure means one or more supports, uprights, braces, cables or other framework of a sign. 36. Shingle sign means a rigid sign which projects from a wall, or hangs from a building canopy, is perpendicular to the building and horizontal to the ground. Solar Definitions (related to Chapters and ): 1. Crown cover the area within the drip line or perimeter of the foliage of a tree. 2. Exempt tree or vegetation means the full height and breadth of vegetation that the city manager has identified as solar friendly that are listed and kept on file in city hall, and any vegetation listed on a plat map, or a document recorded with the plat. 3. Front lot line means, for purposes of the solar access regulations, a lot line abutting a street. For corner lots the front lot line is that with the narrowest frontage. When the lot line abutting a street is curved, the front lot line is the chord or straight line connecting the ends of the curve. For a flag lot, the front lot line is the shortest lot line adjoining the pole portion of the lot, excluding the unbuildable portion of the pole (see Figure 1). 4. Non-exempt tree or vegetation refers to vegetation that is not exempt. 5. Northern lot line means the lot line that is the smallest angle from a line drawn east-west and intersecting the northernmost point of the lot, excluding the pole portion of a flag lot. If the north line adjoins an undevelopable area other than a required yard area, the northern lot line shall be at the north edge of such undevelopable area. If two lot lines have an identical angle relative to a line drawn east-west, or if the northern lot line is less than thirty-five feet, then the northern lot line shall be a line thirty-five feet in length within the lot parallel with and at a maximum distance from the front lot line (see Figure 2). 6. North-south dimension means the length of a line beginning at the mid-point of the northern lot line and extending in a southerly direction perpendicular to the northern lot line until it reaches a property boundary (see Figure 3). 7. Protected solar building line means a line on a plat or map recorded with the plat that identifies

177 the location on a lot where a point two feet above may not be shaded by structures or non-exempt trees (see Figure 10). 8. Shade means a shadow cast by the shade point of a structure or vegetation when the sun is at an altitude of twenty-one and three-tenths degrees and an azimuth ranging from twenty-two and seventenths degrees east and west of true south. 9. Shade point means the part of a structure or non-exempt tree that casts the longest shadow onto the adjacent northern lot(s) when the sun is at an altitude of twenty-one and three-tenths degrees and an azimuth ranging from twenty-two and seven-tenths degrees east and west of true south; except a shadow caused by a narrow object such as a mast or whip antenna, a dish antenna with a diameter of three feet or less, a chimney, utility pole or wire. The height of the shade point shall be measured from the shade point to either the average elevation at the front lot line or the elevation at the midpoint of the front lot line. If the shade point is located at the north end of a ridgeline of a structure oriented within forty-five degrees of a true north-south line, the shade point height computed according to the preceding sentence may be reduced by three feet. If a structure has a roof oriented within forty-five degrees of a true east-west line with a pitch that is flatter than five feet (vertical) in twelve feet (horizontal) the shade point will be the eave of the roof. If such a roof has a pitch that is five feet in twelve feet or steeper, the shade point will be the peak of the roof (see Figures 4 and 5). 10. Shade reduction line means a line drawn parallel to the northern lot line that intersects the shade point (see Figure 6). 11. Shadow pattern means a graphic representation of an area that would be shaded by the shade point of a structure or vegetation when the sun is at an altitude of twenty-one and three-tenths degrees and an azimuth ranging between twenty-two and seven-tenths degrees east and west of true south (see Figure 12). 12. Solar feature means a device or combination of devices or elements that does or will use direct sunlight as a source of energy for such purposes as heating or cooling of a structure, heating or pumping of water, and generating electricity. Examples of a solar feature include a window or windows that contain(s) at least twenty square feet of glazing oriented within forty-five degrees east and west of true south, a solar greenhouse or a solar hot water heater. A solar feature may be used for purposes in addition to collecting solar energy, including but not limited to serving as a structural member or part of a roof, wall or window. A south-facing wall without windows and without other features that use solar energy is not a solar feature for purposes of this ordinance. 13. Solar gain line means a line parallel to the northern property line(s) of the lot(s) south of and adjoining a given lot, including lots separated only by a street, that intersects the solar feature on that lot (see Figure 7). 14. South or south facing means true south, or twenty degrees east of magnetic south. 15. Sunchart means one or more photographs that plot the position of the sun between ten-thirty a.m. and one-thirty p.m. on January 21, prepared pursuant to guidelines issued by the planning director. The sunchart shall show the southern skyline through a transparent grid on which is imposed solar altitude for a forty-five-degree and thirty minute northern latitude in ten-degree increments and solar azimuth from true south in fifteen-degree increments. 16. Undevelopable area means an area that cannot be used practicably for a habitable structure, because of natural conditions, such as slopes exceeding twenty percent in a direction greater than fortyfive degrees east or west of true south, severe topographic relief, water bodies or conditions that isolate one portion of a property from another portion so that access is not practicable to the unbuildable portion; or man-made conditions, such as existing development which isolates a portion of the site and prevents its further development; setbacks or development restrictions that prohibit development of a given area of a lot by law or private agreement; or existence or absence of easements or access rights that prevent development of a given area. Source separated recyclables means at a minimum, recyclable materials designated principle recyclable materials by the State Environmental Qual-

178 ity Commission under ORS 495A.025, with the exception of yard debris. Currently these materials include newspaper, ferrous and non-ferrous scrap metal, used motor oil, corrugated cardboard, aluminum, container glass, office paper and tin cans (OAR ). Specified anatomical areas means uncovered or less than opaquely covered, post-pubertal human genitals, public areas, post-pubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. Specified sexual activities means human genitals in a state of sexual stimulation or arousal, acts of masturbation, sexual intercourse, sodomy, flagellation, torture or bondage either real or simulated. Storage area means the space necessary to store mixed solid waste and source separated recyclables that accumulate between collection days. Street means a way which provides access to property, or provides travel between places by means of vehicles or other modes. A street will typically include sidewalks and may also serve as a bikeway. Structure means something constructed or built, or a piece of work artificially built up or composed of parts joined together in some definite manner. Also, see the definition for building. Structural alteration means a change to the supporting members of a structure or building including foundations, bearing walls or partitions, columns, beams, girders, or any structural change in the roof or in the exterior walls. (Ord. 102 s (1.030), 1986) Subdivide land means to divide land into four or more lots within a calendar year when such area or tract of land exists as a unit or contiguous units of land under single ownership at the beginning of such year. Subdivider or developer means that if an agency or agent is employed by the subdivider or developer to subdivide or develop, the responsibilities stated in this code will extend to such agency or agent in order that no evasion of such responsibilities may occur. Subdivision means either an act of subdividing land or an area or a tract of land subdivided. Top of bank means the stage or elevation at which water overflows the natural banks of streams or other waters and begins to inundate the upland. In the absence of physical evidence, the two-year recurrence interval flood elevation may be used to approximate the top of bank. Tract means a parcel of land being subdivided. Tree means any living, standing woody plant having a trunk six inches or more in diameter, maximum cross section, at a height four feet above mean ground level at the base of the trunk. Underdeveloped means a lot or parcel that has not been fully improved to a use permitted by the primary district through a city manager or planning commission review procedure, excluding the following uses: home occupations, temporary uses, accessory uses and structures and a detached dwelling. Wetland means those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Wetlands generally include but are not limited to swamps, marshes, bogs and similar areas. Yard, front means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto at the nearest point of the main building.

179 Yard, rear means a yard extending across the full width of the lot between the rear main building and the nearest point of the rear lot line. Yard, side means a yard between the main building and the side lot line extending from the front yard or front lot line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line to the nearest part of the main building. (Ord. O (part), 2008; Ord. O (part), 2002; Ord (part), 1996) Definitions of land use types. A. The purpose of the section is to classify land uses and activities into use categories on the basis of common functional, product or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and certain site factors. The types of uses allowed in the various zones are based on the goals and policies of the comprehensive plan. B. Considerations. 1. Uses are assigned to the category whose description most closely describes the nature of the primary use. Developments may have more than one primary use, and accessory activities may also be present. Primary and accessory uses are addressed in subsections (2) and (3) of this section. 2. The following factors are considered to determine what category the use is in, and whether the activity(ies) constitute primary or accessory uses: a. The description of the activity(ies) in relationship to the characteristics of each use category; b. The relative amount of site or floor space and equipment devoted to the activity; c. The relative amount of sales from each activity; d. The number and type of customers for each activity; e. The relative number of employees in each activity; f. Hours of operation; g. Building and site arrangement; h. The number and type of vehicles used with the activity; i. The relative number of vehicle trips generated by the activity(ies); j. Signs; k. How the use advertises itself; and l. Whether the activity(ies) would be likely to be found independent of the other activities on the site. 3. Multiple Primary Uses. When a development has a number of primary uses that fall within one use category, then the development is assigned to that use category. For example, if a development includes a grocery store and pharmacy, the development would be classified as a commercial retail sales and service use. When the primary uses in a development are within different use categories, each primary use is classified in the applicable category and is subject to the regulations for that category. 4. Accessory Uses. These uses are allowed by right and are regulated in conjunction with the primary use unless otherwise stated in this title. 5. Examples and Exceptions. To help illustrate the types of uses allowed or not allowed under a specific uses category, examples and/or exceptions are given. They are based on the common meaning of the terms and not on what a specific use may call itself. C. Residential Use Types. Dwelling, multi-family means a structure that contains three or more dwelling units which share

180 common walls, floors or ceilings with one or more than two dwelling units on one lot. Dwelling, single-family attached means a dwelling unit, located on its own lot, that shares one or more common or abutting walls with one or more dwelling units. It does not share common floors or ceilings with other dwelling units. Dwelling, single-family detached means a detached dwelling unit located on its own lot. Dwelling unit, accessory means an auxiliary and detached living unit with separate kitchen, living and sleeping facilities in a single-family structure or in a separate accessory building on the same lot as a primarily single-family residence. Because it is considered as an accessory use, this type of residential unit is not included in density calculations. Duplex means a structure that contains two dwelling units on one lot. The units may share common walls, floors or ceilings. Family care includes two types of child care services and one type for adults. 1. Family day care as defined by Oregon State Statute, refers to the provision of day care services for children, with or without compensation, in the home of the caregiver. Family day care may provide care for six or fewer children full-time, with an additional four or fewer full-time or part-time children. During the school year, a family day care provider may care for four additional day care children on days and during the hours school is not in session. Such children must be at least an age up to a maximum of four hours per day. No more than a total of ten children including the provider s own children may be present at any one time. 2. Day care group home as defined by Oregon State Statute, is one in which care is provided in the home of the caregiver, with or without compensation, for seven through twelve children. It is subject to certification by the Children Services Division. For the purposes of this section, full-time is defined as eight or more hours in a twenty-four-hour period. Part-time is defined as four or fewer hours in a twenty-four-hour period. 3. Adult day care means a community-based group program designed to meet the needs of functionally or cognitively impaired adults through an individual plan of care. It is a structured, comprehensive program that provides a variety of health, social and related support services in a protective setting during part of a day but for less than twenty-four hours. These facilities have an enrollment of ten or more individuals. Manufactured home means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed in accordance with federal manufactured housing construction and safety standards regulations in effect at the time of construction. It does not mean any building or structure subject to the structural specialty code adopted pursuant to ORS to , any unit identified as a recreational vehicle by the manufacturer, or a modular home. Mobile home means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed between January 1, 1962, and June 15, 1976, and which met the construction requirements of Oregon mobile home law in effect at the time of construction. Manufactured/mobile home park means a lot or parcel of land under single ownership on which two or more manufactured or mobile homes are occupied as residences. The manufactured/mobile home sites usually are rented or leased. Manufactured home/mobile home subdivision means a subdivision designed and approved for the sale of lots exclusively for manufactured and/or mobile homes. Recreational vehicle means a unit, with or without motive power, which is designated for human occupancy, and is used temporarily for recreational or emergency purposes as defined in the Oregon Administrative Rules OAR (18). Recreational vehicle park means a plot of land upon which two or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as tempo-

181 rary living quarters for recreational or vacation purposes as defined in the Oregon Administrative Rules OAR (17)(c). Residential facility means a residential care, residential training, or residential treatment facility licensed or registered by the state (Mental Health and Developmental Services Division) as defined in ORS where residential care alone or in conjunction with treatment or training or a combination thereof is provided for six to fifteen individuals who need not be related. Staff persons needed to meet licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential facility. A residential facility does not include a residential school; state or local correctional facility; juvenile training school; youth care center operated by a county juvenile department; juvenile detention facility; nursing home; family care facility; or children s day care as defined by state law. Residential home means a residential treatment or training or an adult foster home licensed by or under the authority of the state (Mental Health and Developmental Services Division), which provides residential care alone or in conjunction with treatment or training or a combination thereof for less that six individuals. These individuals need not be related. Staff persons needed to meet licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential home. D. Commercial Use Types. Motel refers to establishments primarily engaged in the provision of lodging services on a temporary basis with incidental food, drink and other sales and services intended for the convenience of guests. Office means a use that is conducted in an office setting generally for business, government, professional, medical or financial services. Examples include professional services such as lawyers, accountants, engineers or architects; financial businesses such as lenders, brokerage houses, bank headquarters or real estate agents; data processing; sales offices; government offices and public utility offices; television and radio studios; medical and dental clinics, medical and dental labs; and bloodcollections facilities. Retail sales and service means businesses that are involved in the sale, lease or rent of new or used products to the general public. They may also provide personal services or entertainment, or provide product repair or services for consumer and business goods. Such uses are conducted indoors with limited provisions in this title to allow outdoor storage of material or merchandise. Categories and examples of retail sales and service uses include: 1. Sales-oriented stores selling, leasing or renting consumer, home and business goods including appliances, art supplies, bicycles, clothing, dry goods, electronic equipment, fabric, furniture, garden supplies, gifts, groceries, hardware, home improvements, household products, jewelry, liquor, pets, pet food, pharmaceuticals, plants, printed material, stationery and food sales. 2. Personal service-oriented businesses such as branch banks; urgency medical care; dental and medical offices; laundromats; photo or laundry dropoff; photographic studios; photocopy and blueprint services; hair, business, and other trade schools; dance or music classes; veterinarians; and animal grooming. 3. Entertainment-oriented businesses such as restaurants, cafes and delicatessens; bowling alleys; health clubs; gyms; and membership clubs and lodges. 4. Repair-oriented businesses such as repair of televisions, bicycles, clocks, watches, shoes, guns, appliances and office equipment; tailor; locksmith; and upholsterer. 5. Drive-through facilities such as vehicle drive up windows associated with restaurants, banks, laundries, photo processing and similar uses. Uses not included, thus prohibited, as part of this definition are: 1. Lumber yards and other building material sales that sell primarily to contractors and do not have a retail orientation; 2. Landscape materials stored outside, including bark chips, rock, fertilizer and compost;

182 3. Repair, sale, rental or leasing of commercial or consumer vehicles (except for that allowed as quick vehicle service), motorcycles, trucks, and industrial vehicles and equipment; 4. Theaters which have still or motion pictures or dramatic representations; 5. Establishments having any merchandise items, books, magazines, other publications, films or videotapes which are for sale, rent or viewing on the premises and which are distinguished or characterized by their emphasis on matters depicting the specified sexual activities or specified anatomical areas defined herein; 6. Establishments where entertainment includes matters depicting specified sexual activities or specified anatomical areas as defined herein. Quick vehicle servicing means a business that provides direct services for motor vehicles where the driver generally waits in the car before and while the service is performed. The use includes a drivethrough facility and the area where the service is performed. Examples include: 1. Full-service and mini-serve gas stations; 2. Unattended card key stations; 3. Car washes; 4. Quick lubrication services. This use type does not include servicing of vehicles over ten thousand pounds gross cargo weight (except for gasoline), body repairs, welding or painting. E. Public and Institutional Use Types. Community services means uses of a public, nonprofit or charitable nature generally providing a local service to people of the community. Generally, they provide other service on the site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Community centers or facilities are open to the general public or have membership provisions that are open to the general public to join at any time (for instance, any senior citizen could join a senior center). The use may also provide special counseling, education or training of a public, nonprofit or charitable nature. Examples include libraries, museums, senior centers, community centers, publicly owned swimming pools, youth club facilities, hospices, drug and alcohol centers, social service facilities, vocational training for the physically or mentally disabled, crematoriums and mausoleums. Not included as part of this definition are: 1. Private lodges; 2. Clubs; or 3. Private or commercial athletic or health clubs (these uses are classified as retail sales and service). Hospital means a use which provides medical or surgical care to patients and offers overnight care. Parks and open space means land that is primarily left in a natural state or landscaped with few structures. Examples include parks, play grounds, golf courses, cemeteries, public squares, recreational trails, botanical gardens and nature preserves. Public safety facilities means public uses that provide safety and emergency services to the general public. Examples include police stations, fire stations and ambulance stations. Religious assembly means institutions that are intended to primarily provide meeting areas for religious activities. Examples include churches, temples, synagogues and mosques. Schools refer to public and private primary, elementary, middle, junior high or high schools that provide state mandated basic education. Utilities refers to infrastructure services which need to be located in or near the area where the service is provided. Basic utility uses generally do not have regular employees at the site. Services may be public or privately provided. Examples include water and sewer pump stations; electrical substations; water towers and reservoirs; stormwater quality, retention and detention facilities; telephone exchanges; recycling drop-off; mass transit stops, stations or turnarounds, and park-and-ride facilities for mass transit. (Ord. O (part), 2003; Ord. O (part), 2002; Ord (part), 1996)

183 Solar access figures.

184

185

186

187 (Ord (part), 1996)

188 Chapter PLANNING PARTICIPANTS Sections: Purpose City council Planning commission City manager Purpose. The following are the major participants in the planning process in King City. The purpose of this chapter is to describe the roles of these parties. (Ord (part), 1996) City council. The city council is the policy and ultimate decision making body for the city. The council will follow the provisions of Chapter 2.04 of this code. In addition, the council may: A. Create a planning commission or commissions which shall act as the planning and development advisory body(s) to the council and shall have such other powers and authority as described in this title or as may be specified by the council; B. Create advisory committee(s) to advise the council on land use issues; and C. Delegate final decision making authority to the city manager or planning commission as described in this title. (Ord (part), 1996) Planning commission. The planning commission shall serve at the pleasure of the city council. A. The council shall appoint the members of the commission as provided in Chapter 2.16 of this code. B. The planning commission shall advise the city council on legislative planning and development issues including but not limited to comprehensive plan amendments, annexation applications and amendments to this title. C. The planning commission shall have decision making authority as provided by this title. (Ord (part), 1996) City manager. The office of the city manager is established in Chapter 2.08 of this code. As a part of the duties of this office, the city manager shall be responsible for the administration of the planning and development activities within the city and shall be the chief administrator in charge of planning. The city manager may delegate all or a portion of these responsibilities to other qualified individuals. The city manager s duties are described in this title and include but are not limited to the following: A. Scheduling of applications and land use cases; B. Issuing legal notice as required by this title; C. Maintaining agendas, minutes, records and files, and; D. Providing professional expertise, staff assistance, and information to the public, city council and planning commission. (Ord (part), 1996) Article II. Procedures Chapter INTRODUCTION Sections: Introduction Introduction. This article establishes the procedures to be used in reviewing and taking action on development proposals. (Ord (part), 1996) Chapter DEVELOPMENT PERMIT Sections: Permit required Exclusions from permit requirement.

189 Issuance and effective date Expiration Extension and modification When a development has commenced Revocation of development permit Transferability of development permit Permit required. Except as excluded in Section , no person shall engage in or cause a development to occur, as defined in Chapter 16.24, without first obtaining a development permit through the procedures set forth in this title. The manager shall not issue any permit for the construction, reconstruction or alteration of a structure or a part thereof without first verifying that a valid development permit has been issued. Development authorized by a development permit shall occur only as approved by the city. (Ord (part), 1996) Exclusions from permit requirement. The following activities are permitted in each district but are excluded from the requirement of obtaining a development permit. Exclusion from the permit requirement does not exempt the activity from otherwise complying with all applicable standards, conditions and other provisions of this title. A. Landscaping or other treatment or use of the land surface outside any flood plain, wetland and drainageways and not involving a structure or paved parking lot; B. Any change or repair to a building or other structure that does not alter or expand the use thereof or require a building permit; C. An emergency measure necessary for immediate safety of persons or protection of property, provided however, that an application for a development permit shall be promptly filed if the measure otherwise would require such a permit but for the emergency; D. The establishment, construction, maintenance, preservation or termination of public roads, transportation facilities and other public facilities including sewer and water lines, electrical and gas distribution lines, and telephone and television transmission lines that are substantially in the public right-of-way directly serving development or as shown on the comprehensive plan or adopted Public Facility Plan, together with piping and culverts, accessory drainage systems such as catch basins, and necessary accessory structure and easements. Notwithstanding this exemption, said facilities within sensitive lands, shall obtain a development permit as provided in this title. This permit shall be approved if the applicant demonstrates compliance with the applicable approval standards. E. Construction, maintenance or demolition of an accessory structure not requiring a building permit except for agricultural accessory structures which shall be reviewed for locational and dimensional standards; F. The following excavations or fills, unless a development permit is required by the sensitive lands provisions in Chapter : 1. Excavations below finish grade for basements and footings of a building, retaining wall or other structure authorized by a valid development permit; 2. Excavations for wells, tunnels or utilities; 3. Excavations or fills for public projects, conducted by or under contract of the city; 4. Exploratory excavations affecting or disturbing areas less than six thousand square feet in size, under the direction of soil engineers or engineering geologists; 5. Access roads developed to support forestrelated activities, agricultural crop production or grazing activities, where the roads: a. Are located on property used for an interim agricultural or forest use, b. Do not create a cut or fill greater than three feet in height visible from a public road, c. Are sixteen feet or less in width, d. Do not divert drainage onto or cause increased erosion on adjacent properties, and e. Do not discharge or threaten to discharge silt onto adjacent properties or into streams.

190 6. Grading that is a soil or water conservation project regulated by the U.S. Department of Agriculture, Soil Conservation Service, and/or the Washington County Soil and Water Conservation District; 7. An excavation which is less than two feet in depth, or which does not create a cut slope greater than five feet in height and steeper than one and onehalf horizontal to one vertical; 8. A fill less than one foot in depth and placed on natural terrain with a slope flatter than five horizontal to one vertical, or, a fill less than three feet in depth, not intended to support structures, which does not exceed one hundred fifty cubic yards on any one lot and does not obstruct a drainage course; 9. Underground pipes and conduits; and 10. Above ground electrical transmission, distribution, communication and signal lines on a single pole system where a single pole system is defined as above ground electrical lines and their supporting concrete, wood or metal poles, but does not include self-supporting steel lattice-type structures. G. Continued use of a valid nonconforming use or exercise of a vested right, except that any change, alteration, restoration or replacement of a nonconforming use shall require a development permit as provided in Chapter H. Family day care provider as defined in Chapter and as allowed in the zoning districts in Article III. (Ord (part), 1996) Issuance and effective date. A. The manager shall issue a development permit within seven calendar days of any administrative approval. The development permit shall be effective upon issuance. B. The manager shall issue a development permit within seven calendar days after the date the appeal period has expired, if no petition for review is filed, in city manager or planning commission decisions. Except as provided below, no development permit shall be issued pending appeal. C. In the event that a final approval of the council is appealed to a body of competent jurisdiction, the development permit shall be issued after notice of the decision is provided and it shall be the responsibility of the person appealing the council decision to seek appropriate judicial remedies halting action upon the permit. Notwithstanding issuance, however, the holder of the permit may proceed at the permit holder s own risk. If the permit holder proceeds, the holder shall be deemed to have expressly assumed all risk of proceeding and shall save and hold harmless King City from any responsibility or liability for proceeding with development. If a holder proceeds at his/her own risk and the development permit is ultimately reversed by a body of competent jurisdiction, the holder shall restore the property to its original condition. D. Every development permit shall be specific as to the approval granted or development authorized. It shall be subject to the standards and conditions set forth in this title, excepting only those variances or exceptions authorized by the approval authority, together with any conditions imposed by the approval authority. The development permit shall be effective immediately unless otherwise conditioned. (Ord (part), 1996) Expiration. Except as otherwise specifically provided in this title, a development permit shall expire automatically one year from the date of issuance unless one of the following occurs first: A. The development permit is revoked as provided for in Section or as otherwise invalidated by a body of competent jurisdiction; or B. An application for an extension is filed and approved pursuant to Section ; or C. The development has commenced as provided in Section (Ord (part), 1996) Extension and modification. A. If an extension is desired, the holder of the development permit must file an application for an extension prior to expiration of the development permit. Extension requests shall be processed as a administrative action. Only one extension may be granted for a maximum of one year.

191 B. The city manager shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year, provided that: 1. No changes are made on the original plan as approved by the approval authority; 2. The applicant can show intent of initiating construction on the site within the one year extension period; and 3. There have been no changes to the applicable comprehensive plan policies and ordinance provisions on which the approval was based. C. Notice of the decision shall be provided to the applicant. The city manager s decision may be appealed by the applicant as provided by Chapter (Ord (part), 1996) When a development has commenced. A. The authorized development has been commenced when the holder of the development permit has physically altered the land or structure or changed the use thereof and such alteration or change is directed toward completion and is sufficient in terms of time, labor or money spent to demonstrate a good faith effort to complete the development. In the case of development requiring a building permit, issuance of the building permit shall be conclusive evidence of commencing development. Nothing herein, however, shall be deemed to extend the life of said building permit as provided by law. A development permit which otherwise would have expired but for issuance of a building permit shall expire automatically upon expiration of the building permit. B. In the case of development authorized to be done in phases, each phase must be commenced within the time frame specified in the approval, or commenced within one year of completion of the prior phase if no time table is specified. The date of phase completion in the case of a structure or structures shall be the date of issuance of an occupancy permit by the manager for eighty percent or more of the structure or structures of the development phase. C. The determination of commencement shall be made by the manager as an administrative decision. (Ord (part), 1996) Revocation of development permit. A. Revocation shall be processed by the manager as an administrative action. A development permit may be revoked upon a finding of: 1. Noncompliance with the standards or conditions set forth in this title, or any special conditions imposed upon the permit; 2. Intentional fraud, misrepresentation or deceit upon the part of the applicant as to an issue material to the issuance of the development permit; 3. Abandonment or discontinuance as determined by failure to make reasonable progress toward completion of a commenced development for a continuous period of one year. Bona fide good faith efforts to market the development shall not constitute abandonment or discontinuance; or 4. A change in this title, the comprehensive plan or state law which would make the approved development unlawful or not permitted, prior to the development obtaining a vested right or nonconforming use status. B. Revocation shall be effective immediately upon the city providing written notice thereof to the holder of the development permit. Unless provided otherwise by the revoking authority, revocation terminates the authority to continue the use. Continued use without a current valid development permit shall be a violation of this title. C. The holder of a revoked development permit may reapply for a new permit at any time as an entirely new application. D. Revocation is available in addition to and not in lieu of any other remedy provided by law and is not a condition precedent to any such remedy. (Ord (part), 1996) Transferability of development permit. Unless otherwise provided in the development permit, it shall apply to the property and may be

192 transferred to a new property owner. (Ord (part), 1996) Chapter TYPES OF DEVELOPMENT ACTIONS AND DETERMINATION OF PROPER PROCEDURE Sections: Administrative actions City manager review Planning commission review City council review Determination of proper procedure type. All land use actions shall be classified as one of the following unless state law mandates different or additional procedures for particular land use actions or categories of land use actions Administrative actions. A. Administrative actions involve permitted uses or development governed by clear and objective review criteria. Administrative actions do not encompass discretionary land use decisions, Impacts have been recognized by the development and public facility standards. The intent and purpose of a zoning district is not a consideration for approving these uses. B. The following are administrative actions: 1. Those identified in this title as administrative actions; and 2. Notwithstanding any other provision, structures or uses proposed to implement an approved development permit, if consistent with the approval. C. Administrative actions shall be decided by the city manager without public notice or hearing. Notice of a decision shall be provided to the applicant or the applicant s representative. The decision may be reconsidered pursuant to Chapter or appealed by the applicant as provided in Chapter The hearing shall be conducted as a planning commission review except that only the applicant shall be entitled to notice. (Ord (part), 1996) City manager review. A. Land use actions by the city manager are presumed by this title to be appropriate. They generally involve uses or development for which review criteria are reasonably objective, requiring only limited discretion. Impacts on nearby properties may be associated with these uses which may necessitate imposition of specific conditions of approval to minimize those impacts to ensure compliance with this title. B. The following are city manager actions: 1. Land partition; 2. Lot line adjustment; 3. Temporary uses; 4. Home occupations. C. Notice of proposed city manager actions shall be sent as provided in Chapter A fourteen calendar day written comment period shall be provided from the time notice is mailed to provide interested persons with an opportunity to submit written comments about the proposed action before the manager makes a decision on the request. Upon close of the comment period the manager shall review all written comments actually received by the city within the comment period and the applicant s response to the comments. The applicant shall have seven calendar days following the close of the comment period to submit a response. The manager may also consider responses to questions prepared by staff which clarify or amplify information which does not change the original request. Written comments received after the comment period and prior to issuance of a decision do not have to be considered by the manager. The manager shall then issue a decision. The notice of the decision shall be mailed pursuant to Chapter Any party as defined in Chapter may obtain reconsideration or appeal of the decision as provided in Chapters and (Ord. O (part), 2003; Ord (part), 1996)

193 Planning commission review. A. Planning commission actions involve development or uses which may be approved or denied, thus requiring the exercise of discretion and judgment when applying the development criteria contained in this title or the comprehensive plan. Impacts may be significant and the development issues complex. Extensive conditions of approval may be imposed to mitigate impacts or ensure compliance with this title and the comprehensive plan. B. The following are initial planning commission actions: 1. Site plan review; 2. Conditional use; 3. Variance; 4. Sensitive lands (Section ); 5. Subdivision; and 6. Determination of unlisted uses. C. Quasi-Judicial and Legislative Plan Amendments. Quasi-judicial actions shall be decided by the planning commission after a public hearing. Prior notice shall be given as provided in Chapter A quasi-judicial decision shall be subject to reconsideration or appeal to the city council pursuant to Chapters and Legislative plan amendments shall be reviewed by the planning commission after a public hearing. The planning commission recommendation shall be forwarded to the city council for its consideration in making a final decision. (Ord (part), 1996) City council review. A. City council actions are generally legislative. They involve the creation, broad scale implementation or revision of public policy. These include amendments to the text of the comprehensive plan or the community development code. Large scale changes in planning and development maps also may be characterized as legislative where a larger number of property owners are directly affected. B. These actions are made through adoption of city ordinances. The following are city council review actions: 1. Zone change; 2. Comprehensive plan amendments (text and/or map); 3. Community development and zoning code amendment; and 4. Annexation. C. Appeals of planning commission decisions shall be reviewed by the city council as a quasijudicial action described in this title. (Ord (part), 1996) Determination of proper procedure type. A. Applications in this title must be processed as an administrative, city manager, planning commission or city council action in accordance with the standards set forth above. Concurrent actions involving legislative and quasi-judicial actions shall be separated for proper processing. Questions as to the appropriate procedures shall be resolved by the city manager in favor of the process providing the greatest notice and opportunity to participate. The decision of the manager is not subject to appeal on its own, but may be alleged as an error in an appeal of the decision on the proposed development. Upon appeal of the decision on the merits of a development action not specifically classified in this title, the planning commission may determine, based on the standards set forth in Chapter that a different procedure type should have been used and direct that the proposed development action be processed accordingly. B. Notwithstanding any other provision, and, upon payment of the proper fee, an applicant may choose to have the proposal processed under the procedure type (except legislative) which provides greater notice and opportunity to participate than would otherwise be required. (Ord (part), 1996)

194 Chapter PROCESSING DEVELOPMENT ACTIONS Sections: Initiation and withdrawal of action Pre-application conference Application Application submittal and acceptance Staff report Vested rights Initiation and withdrawal of action. A. Development actions, except city council actions, may be initiated only by: 1. Application by all the owners or all the contract purchasers of the subject property, or any person authorized in writing to act as agent of the owners or contract purchasers. Contract purchasers shall indicate in writing that the contract vendor(s) has been notified of the application; 2. The city council; 3. The planning commission; or 4. The city manager. B. No application shall be deemed complete and further processed if it is determined that any necessary authorization to file has not been obtained. The approval authority may defer further action for such time as it deems reasonable to provide an opportunity to obtain the necessary authorization. Failure to provide such authorization within that time period shall void the application. C. The manager may withdraw any application, petition for review or motion for reconsideration at the request of the applicant or petitioner. Once accepted as complete, however, the applicant or petitions shall be entitled to withdraw by right only if the city manager determines that: 1. Written consent to withdraw an application has been obtained from a majority of the owners or contract purchasers or the majority interest holders in the property, or all signers of the petition for review; and 2. No existing violation of this title or the comprehensive plan, which might best be cured by further processing the application, have been identified on the subject property. D. If an application, petition for review or motion for reconsideration is withdrawn after public notice has been provided and the approval authority has not rendered a decision, the city manager shall provide written notification to all persons that were entitled to be mailed a public notice of pending review of the city manager or planning commission action and all persons who submitted written comments stating the application has been withdrawn. E. Fees for applications and petitions for review withdrawn at the request of the applicant shall be refunded, less the actual costs incurred by the city. (Ord (part), 1996) Pre-application conference. A. No application for a city manager or planning commission development action shall be received by the manager unless the applicant or the applicant s representative has: 1. Attended a pre-application conference with the city manager; or 2. Signed a waiver, on a written statement prepared by the city manager, waiving the preapplication conference requirement. B. The purpose of the pre-application conference is to acquaint the applicant or representative with the requirements of this title, the comprehensive plan and other relevant criteria. It is designed to assist the applicant. The applicant assumes the risk for delays or other problems caused by failure to attend. It is impossible, however, for the conference to be an exhaustive review of all potential issues and failure of the city manager to provide any information required by this title shall not constitute a waiver of the policies, standards or criteria relevant to the application. C. Pre-application conferences shall be scheduled by the manager at the earliest reasonable time.

195 D. As soon as practicable, the manager shall provide the applicant or representative with a written summary of the meeting. E. Information given by the city manager and/or staff to the applicant during the preapplication conference is valid for no longer than six months. Another preapplication conference is required if an application is submitted more than six months after the preapplication conference is held. (Ord (part), 1996) Application. A. Applications for development actions shall be submitted in accordance with the format and upon such forms as may be established by the manager. B. A complete application is one which contains the information required to address the relevant standards of the comprehensive plan and this title. It shall consist of the following: 1. A completed original application form, signed by all persons required for initiating an application under Section ; 2. A legal description and current Washington County or adjacent jurisdiction s tax map(s) showing the subject property(ies) and all properties within two hundred fifty feet of the subject property; 3. Relevant public facilities information; 4. Additional information required by other provisions of this title and the comprehensive plan; 5. Additional information directly related to the applicable standards of this title or the comprehensive plan as deemed essential by the manager to evaluate adequately the specific application for compliance with those criteria and standards; and 6. The applicable fees adopted by the city council are hereby incorporated by reference as the fees herein. These fees may be amended by resolution and order by the council. (Ord (part), 1996) Application submittal and acceptance. A. Applications shall be submitted to the manager in the number specified on the application form. The manager, however, may waive copies of specific documents, maps or exhibits upon a determination that the difficulty or burden of copying outweighs the usefulness of the copies. B. No application shall be received by the city for determination of completeness without the appropriate application fee. C. The date of submission shall be recorded. Within fourteen calendar days the manager shall determine whether the application is complete. The manager shall notify the applicant when the application is accepted as complete or rejected as incomplete if deficiencies are found. Resubmitted applications shall be subject to another fourteen calendar day completeness check. D. Upon determination of completeness, applications shall be accepted immediately. The date of acceptance shall be recorded. The manager shall notify the applicant that the application is complete. Unless otherwise directed by the city council, applications shall be processed in the order accepted. E. The decision of the manager as to completeness of an application, including any required engineering, traffic or other such studies, shall be based on the criteria for completeness, adequacy and methodology set forth in this title or by resolution and order of the council. Rejection by the manager for incompleteness shall be based solely on failure to address the relevant standards or supply required information and shall not be based on differences of opinion as to quality or accuracy. Acceptance indicates only that the application is ready for review. F. Upon rejection for incompleteness, the applicant may object in writing to any alleged deficiencies and direct that the application be processed. During review, the applicant may submit additional information relating to the alleged deficiencies, but the manager is not obligated to review such information. The staff report may recommend denial or deferral due to insufficient or inaccurate information. G. The approval authority shall approve or approve with conditions an application which the manager has determined to be incomplete only if it determines that sufficient, accurate information has been submitted and adequately reviewed by the approval authority with an opportunity for review by

196 affected parties or that conditions can be imposed to ensure proper review at the appropriate time. In all other cases the approval authority shall defer or deny. H. All documents or evidence relied upon by the applicant shall be submitted to the city and made available to the public at least twenty calendar days before the hearing. If additional documents or evidence is provided in support of the application, any party shall be entitled to a continuance of the hearing. Such a continuance shall not be subject to the limitations of ORS or I. If additional documents or evidence is provided in opposition to the application, the applicant shall be entitled to a continuance of the hearing. (Ord (part), 1996) Staff report. A. No decision by the city manager or planning commission on proposed developments shall be made without a staff report. This report shall be provided to the applicant and approval authority without charge. All others may obtain a copy upon request and payment of a reasonable fee to cover the cost of reproduction, overhead and mailing. B. A staff report shall be available no later than seven calendar days before a planning commission hearing or any hearing on appeal. Staff reports are mailed approximately seven calendar days prior to the public hearings to the applicant and interested parties who request them. Mailing the report does not guarantee sufficient time prior to the public hearing to respond to the conditions of approval. Obtaining a copy of the staff report in person at the city best assures ample time for review and comment at the public hearing. C. Notwithstanding the above, the staff report may be amended as necessary to address issues or information not reasonably known at the time the report is due. D. If staff submits additional evidence or an amended staff report in support of the application, any party shall be entitled to a continuance of the hearing. Such a continuance shall not be subject to the limitations of ORS or E. If staff submits additional evidence or an amended staff report in opposition to the application, the applicant shall be entitled to a continuance of the hearing. (Ord (part), 1996) Vested rights. A. Through a planning commission review procedure, in the course of any city land use process, the commission may decide whether a vested right exists. B. Whether a vested right is found to exist shall be based on the consideration of the following factors as well as any guidance from the Oregon courts: 1. The ratio of expenditures incurred to the total cost of the project; 2. The good faith of the landowner; 3. Whether or not the landowner had notice of any proposed zoning or amendatory zoning before starting the improvements; 4. Whether the expenditures have any relation to the project or could apply to various other uses of the land; 5. The kind of project, the location and ultimate cost; and 6. Whether the acts of the landowner rise beyond mere contemplated use of preparation, such as leveling of land, boring test holes or preliminary negotiations with contractors or architects. C. The city shall not decide an issue of whether a vested right exists unless it is associated with a development action or a legislative process. A vested right issue not associated with an accompanying action shall not be decided by the city and may be subject to the jurisdiction of the Circuit Court of the State of Oregon. (Ord (part), 1996) Chapter REQUIREMENT FOR COMMUNITY MEETINGS Sections: Community meeting required Proof of meeting Purpose of meeting.

197 Notices Community meeting required. The following types of development applications inside the UGB shall be subject to a requirement for a community meeting: A. Major Partitions; B. Subdivisions and planned developments; C. Manufactured dwelling or mobile home parks; and D. Development review for commercial or industrial uses. (Ord. O (part), 2006) Proof of meeting. The applicant shall be required to hold at least one community meeting prior to submitting an application for approval of one of the above uses. Applications for development shall not be complete until substantiation of the community meeting has been submitted to the city manager. Substantiation shall include: A. Copy of notice of community meeting posted; B. Copy of notice mailed to neighbors; C. Affidavit, signed by applicant that notice was mailed and posted as required. The affidavit shall be notarized; D. Copy of meeting minutes and notes taken to provide a record, including names and addresses of people attending and all issues raised. (Ord. O (part), 2006) Purpose of meeting. The purpose of the community meeting is to provide an opportunity for neighbors to review a development proposal and identify issues that may be addressed in a manner consistent with the King City code and to address the issues prior to submission of the application. The community meeting shall occur within one hundred eighty days before submitting a land development application. (Ord. O (part), 2006) Notices. The applicant shall post a notice of the community meeting on the site of the proposed development not less than twenty days prior to the meeting. The notice shall state that the site may be subject to a proposed development (e.g., subdivision, variance, special use), shall indicate the date, time and location of a community meeting, and shall indicate the name of the applicant and telephone number where applicant or its representative may be reached for more information. In addition, the applicant shall mail written notice of the meeting to the city manager and to all neighbors within five hundred feet of the property that is proposed to be developed. The notice shall also provide tax lot number(s) of the proposed site, site address, acreage and land use designation and a brief description of the nature of the proposed development. (Ord. O (part), 2006) Chapter NOTICE OF DEVELOPMENT ACTIONS Sections: General provisions Administrative actions City manager actions review Planning commission review Notice of hearing and notice of decision on appeal General provisions. A. All public notices shall be deemed to have been provided or received upon the date the notice is deposited in the mail or personally delivered, which ever occurs first. B. The records of the Washington County Department of Assessment and Taxation shall be used for determining the property owner of record. Persons not on file with that department at the time an application is filed need not be notified. Failure actually to receive notice shall not invalidate an action if a good faith attempt was made to notify all persons entitled to notice. A sworn certificate of mailing is-

198 sued by the person conducting the mailing shall be conclusive evidence of a good faith attempt to contact all persons listed in the certificate. Mortgagees, lien holders, vendors and sellers receiving notice shall promptly forward a copy by mail to the purchaser. C. For notice purposes, the boundary of the subject property shall be the property which is the subject of the application, together with all contiguous property under identical ownership. D. In addition to any other notice for city manager and planning commission development actions, the applicant shall post the subject property in conformance with standards as set forth by the city council Ordinance and Order Number 96-04, amended February 21, 1996 and incorporated by reference herein. No decisions shall be provided until the applicant has filed an affidavit of posting as specified in the resolution and order. (Ord. O (part), 2003; Ord (part), 1996) Administrative actions. A. No public notice of review is required. B. Written notice of the decision of the city manager shall be provided to the applicant. (Ord (part), 1996) City manager actions review. A. A public notice of pending review shall be mailed to: 1. The applicant and/or representative; 2. All property owners of record within two hundred fifty feet of the subject property. B. The public notice shall contain: 1. The name of the applicant or representative and the city case file number; 2. A description of the subject property reasonably sufficient to inform the reader of its location; 3. A concise description of the proposed development action and a listing of review standards; 4. A statement that the complete application, standards and other such information are available at the city for review, and the phone number and name of a city contact person. 5. A statement that this is an opportunity for interested parties to submit written comments about the proposed request; that prior to making a decision, the manager will consider any written comments actually received by the city within a fourteen calendar day comment period; that written comments may be received after the comment period, but that the manager does not have to consider these comments prior to making a decision; that the manager will then make a decision and send a summary of the decision to those persons whose written comments are received by the city, including comments received after the comment period, and those persons who were entitled to be mailed a public notice of pending review of the city manager action pursuant to Chapter 16.48; and that any person entitled to a notice of the decision may appeal or request reconsideration of the decision as provided in Chapters and 16.68; 6. The comment closing date, which ends at five p.m. that day, in bold letters; and 7. The following statement in bold letters NOTICE TO MORTGAGEE, LIENHOLDER, VEN- DOR OR SELLER: ORS chapter 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST BE PROMPTLY FORWARDED TO THE PURCHASER. C. After close of the fourteen calendar day comment period, the manager shall promptly issue a decision based upon review of the use of development in light of the applicable standards and the comments received. In addition to comments from those entitled to notice, the manager shall consider the written comments of persons who demonstrate that their substantial rights may be adversely affected or aggrieved by the decision. D. Notice of the decision shall be provided to the applicant, all persons who submitted written comments, and all persons who are entitled to be mailed a public notice of pending review of the city manager action pursuant to Chapter A brief summary of the nature of the action, the decision and conditions of approval, if any; 2. A description of the subject property reasonably sufficient to inform the public of its location; 3. The date the decision was provided and the due date for an appeal;

199 4. A statement that the decision may be appealed and a public hearing held by filing a signed petition for review within fourteen calendar days of the date the decision was provided. The statement shall note that the petition shall be filed with the city by five p.m. of the closing date of the appeal period. The elements of a petition for review set forth in Chapter 16.68, and the fee, shall be listed. The statement shall note that only those persons who responded in writing to the notice of pending review and all persons who were entitled to be mailed a public notice of pending review of the city manager action pursuant to Chapter are entitled to appeal or request reconsideration of the decision; 5. A statement that a motion for reconsideration may be filed as provided in Chapter 16.64, but that filing a motion does not stop the appeal period from running; and 6. A statement that the complete case, including findings and conclusions and conditions of approval, if any, are available for review at the city. (Ord (part), 1996) Planning commission review. A. Notice of public hearing shall be sent by mail at least twenty calendar days before the hearing. B. The notice of public hearing shall be mailed to: 1. The applicant or representative; 2. All property owners of record within two hundred fifty feet of the subject property; and 3. Tenants of a mobile home or manufactured dwelling park when a request for a plan amendment which would change the land use designation of the property which includes all or part of the park. Failure of a tenant to receive a notice which was mailed shall not invalidate any plan amendment. C. The notice of public hearing shall contain: 1. The name of the applicant or owner; 2. The nature of the proposed development; 3. A description of the subject property reasonably sufficient to inform the public of its location; 4. The designation of the approval authority and the time, date and place of hearing; 5. A statement that all interested persons may appear and provide testimony that only those making an appearance of record shall be entitled to appeal; 6. A statement that the hearing will be conducted in accordance with the rules of procedure adopted by the city council; 7. The following statement: NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS chapter 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PUR- CHASER; 8. The applicable review criteria that apply to the application; 9. A statement that failure of an issue to be raised in the hearing, in person or by letter, or failure to provide sufficient specificity to afford the approval authority an opportunity to respond to the issue precludes appeal to the land use board of appeals based on that issue; 10. The name of a city representative to contact and the telephone number where additional information may be obtained; 11. A statement that a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost; 12. A statement that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and will be provided at reasonable cost; and 13. A general explanation of the requirements for submission of testimony and the procedure for conduct of hearings. A statement that the record of the hearing shall remain open if a request is made before the close of the public hearing. D. In addition to all other notice, at least ten calendar days before a planning commission public hearing for a quasi-judicial plan amendment, notice shall be provided in a newspaper of general circulation in the city. E. Additional notice of any hearing may be required by the city council.

200 F. Notice of the decision shall be provided to all persons who made an appearance of record. The notice shall contain: 1. A brief summary of the decision, and conditions of approval, if any; 2. A description of the subject property reasonably sufficient to inform the public of its location; 3. The date the decision was provided and the due date for an appeal; 4. A statement that the decision may be appealed and a public hearing held by filing a signed petition, along with the required fee, for review within fourteen calendar days of the date the decision was provided. The statement shall note that the petition shall be filed with the city by five p.m. of the closing date of the appeal period. The elements of a petition for review set forth in Chapter 16.68, and the fee shall be listed. The statement shall note that only those persons who made an appearance of record are entitled to appeal or request reconsideration of the decision. 5. A statement that a motion for reconsideration may be filed as provided in Chapter 16.64, but that filing a motion does not stop the appeal period from running; and 6. A statement that the complete case, including findings and conclusions, and conditions of approval, if any, are available for review at the city. (Ord. O (part), 2003; Ord (part), 1996) Notice of hearing and notice of decision on appeal. Notice of a public hearing conducted by the approval authority to review a decision by the city manager or the planning commission shall be provided in the same manner as required for planning commission actions. Notice of decision on appeal shall be provided to all parties of record. In addition, notice of hearing on appeal to the city council shall be provided to all parties to the hearing conducted by the approval authority. (Ord (part), 1996) Chapter PUBLIC HEARINGS Sections: Notice Rules of procedure Parties Record Procedural rights Presentations Evidence. Public hearing on all development actions including appeals, but not including legislative actions, shall be conducted in accordance with this chapter Notice. Notice of public hearing shall be provided in accordance with Chapter of this title and the rules of procedure adopted by the city council. (Ord (part), 1996) Rules of procedure. A. Public hearings shall be conducted in accordance with the rules of procedure adopted by the applicable approval authority. B. At the beginning of the hearing for an application, a statement shall be made to those in attendance that: 1. Lists the applicable substantive criteria; 2. States that testimony and evidence must be directed toward the criteria described in subsection (B)(l) of this section or other criteria in the plan or land use regulation which the person believes to apply to the decision; and 3. States that failure to raise an issue with sufficient specificity to afford the decision maker and the parties an opportunity to respond to the issue precludes appeal to the land use board of appeals based on that issue. (Ord (part), 1996)

201 Parties. A. The following persons, or their authorized representatives, may participate during the comment period or public hearing: 1. The applicant or applicant s representative and the owners of the subject property; 2. Those persons entitled to notice; and 3. Any other person who demonstrates to the approval authority that the person s rights may be adversely affected or aggrieved by the decision. B. Only parties shall be entitled to appeal a decision. Only persons who make an appearance of record shall be parties to a city manager or planning commission action. Only the applicant, persons who submitted written comments and persons entitled to notice of pending review shall be deemed parties to a city manager action. C. Appearance of record shall mean: 1. An oral statement made at the hearing sufficiently identifying the speaker and the speaker s address; or 2. A written statement giving the name and address of the maker of the statement and introduced into the record prior to or at the public hearing. A person s name and address on a petition introduced into the record constitutes an appearance of record. (Ord (part), 1996) Record. A. Absent mechanical failure or inadvertent error, a verbatim written or mechanical record of the hearing may be made. In addition, written minutes giving a true reflection of the matters discussed and the views of the participants shall be taken. Such minutes shall substitute for a verbatim record in the event of mechanical failure or inadvertent error. B. Failure to comply with Section (A) shall not invalidate any action provided that a de novo appeal or other relief is available. (Ord (part), 1996) Procedural rights. Subject to the specific standards and limitations set forth in this title, the following procedural entitlements shall be provided at the public hearing. A. A reasonable opportunity for those persons entitled to notice or who may be adversely affected or aggrieved by the decision to present evidence. B. A reasonable opportunity for the applicant to rebut evidence submitted by opponents. C. An impartial approval authority as free from potential conflicts of interest and pre-hearing exparte contacts as reasonably possible. It is recognized, however, that the public has a countervailing right of free access to public officials: 1. Approval authority members shall disclose the substance of any significant pre-hearing ex-parte contacts with regard to the matter at the commencement of the public hearing on the matter. The member shall state whether the contact has impaired the impartiality or ability of the member to vote on the matter and shall participate or abstain accordingly. 2. A member of the approval authority shall not participate in any proceeding or action in which any of the following has a direct or substantial financial interest: the member or the member s spouse, brother, sister, child, parent, father-in-law, mother-inlaw, partner, any business in which the member is then serving or has served within the previous two years, or any business with which the member is negotiating for or has an arrangement or understanding concerning prospective partnership or employment. Any actual or potential interests shall be disclosed at the meeting of the review authority where the action is being taken. 3. Disqualification of an approval authority member due to contacts or conflict may be ordered by a majority of the members present and voting. The person who is the subject of the motion may not vote. 4. If all members abstain or are disqualified, the administrative rule of necessity shall apply. All members present who declare their reasons for abstention or disqualification shall thereby be requalified to act. (Ord (part), 1996) Presentations. A. The approval authority may set reasonable time limits for oral presentations. The approval authority may determine not to receive cumulative repetitious, immaterial, derogatory or abusive testi-

202 mony. Persons may be required to submit written testimony in lieu of oral if the approval authority determines that a reasonable opportunity for oral presentations has been provided. B. No testimony shall be accepted after the close of the public hearing unless the approval authority sets a deadline for such testimony and provides an opportunity for review and rebuttal, oral or written, at the direction of the approval authority. C. Unless there is a continuance, if a participant so requests before the conclusion of the hearing, the record shall remain open for at least seven days after the hearing. Such an extension shall not be subject to the limitations of ORS or D. When the approval authority reopens a record to admit new evidence or testimony, any person may raise new issues which relate to the new evidence, testimony or criteria for decision-making which apply to the matter at issue. E. Counsel for the approval authority may be consulted solely on legal issues without reopening the public hearing. Objections alleging that counsel is discussing or testifying as to factual matters shall be heard. F. The presiding officer shall preserve order at all public hearings and shall decide questions of order subject on a majority vote of the approval authority. Persons who become disruptive or abusive may be ejected from the hearing. (Ord (part), 1996) Evidence. A. The approval authority may place any person submitting testimony under oath or affirmation. Once sworn or affirmed, all testimony subsequently given by the person during the hearing or a continuation thereof shall be deemed to be under oath. B. Cumulative, repetitious, immaterial or irrelevant evidence may be excluded. Evidence shall be admissible if it is of a type commonly relied upon by reasonable and prudent persons in the conduct of serious affairs. Evidence may be received subject to a later filing regarding its admissibility. Erroneous admission or evidence shall not invalidate or preclude action unless shown to have prejudiced the substantial rights of a party. C. Members of the approval authority may take official notice of judicially cognizable facts of general, technical or scientific facts within their specialized knowledge. Such notice shall be stated and may be rebutted. D. Exhibits shall be marked to provide identification upon review. Unless required for an appeal, all exhibits shall be retained by the city for a period of not less than thirty calendar days after expiration of all appeals. Exhibits may be disposed of as provided by the manager. E. Any member of the approval authority may visit the subject property and may use information gained to reach a decision, provided the information relied upon is disclosed and an opportunity to rebut provided. (Ord (part), 1996) Chapter BURDEN OF PROOF Sections: Appealing party Prejudice Appealing party. Except as otherwise provided, the applicant initially, or the appealing party on appeal shall bear the burden of proof that the proposal is in compliance with the applicable standards. In addition, evidence of mistake in adoption of the plan designation or development regulations or subsequent change in the affected area are relevant considerations. (Ord (part), 1996) Prejudice. Unless specifically identified as jurisdictional, failure to comply with a provision of this article shall invalidate an action only if it prejudices the substantial rights of the person alleging the error. Persons alleging procedural error shall have the burden of proof as to whether the error occurred and whether

203 the error has prejudiced the person s substantial rights. (Ord (part), 1996) Chapter DECISION Sections: Decision types Announcement of decision Basis for decision Findings and conclusions Re-application Conditions of approval Deferral Date of final decision Decision types. After review of all evidence is submitted to the record, the approval authority may: A. Approve or deny all or part of the application; B. Approve all or part with modifications or conditions of approval as described in Section ; C. Defer a decision as provided in Section ; D. Dismiss without prejudice due to procedural error or remand to correct a procedural error. (Ord (part), 1996) Announcement of decision. No decision is final for the purposes of reconsideration or appeal until it has been reduced to writing and signed by the approval authority or its designee. If a public hearing has been held, the approval authority may announce a tentative decision at the close of the public hearing, but shall in any case announce a date certain on which the decision shall be adopted or issued. If no public hearing has been held, the decision shall be announced in writing and made available to all parties as simultaneously as reasonably possible. (Ord (part), 1996) Basis for decision. An approval or denial of a development action shall be based upon substantial evidence in the record that addresses the pertinent standards and criteria set forth in the applicable provisions of state law, the comprehensive plan, this title and other applicable laws as determined by the approval authority. (Ord (part), 1996) Findings and conclusions. The approval authority shall provide brief and concise findings of fact, conclusions of law and an order for all development approvals, conditional approvals or denials. The findings and order shall set forth the criteria and standards considered relevant to the decision, state the facts relied upon and briefly indicate how those facts support the decision. In the case of denial, it shall be sufficient to address only those standards upon which the applicant failed to carry the burden of proof or, when appropriate, the facts in the record that support denial. (Ord (part), 1996) Re-application. No new application for a development action that is the same or substantially similar to an action that has been denied shall be accepted for a period of six months from the date of the city s final decision of denial. (Ord (part), 1996) Conditions of approval. A. The approval authority may impose conditions on any city manager or planning commission development approval. Such conditions shall be designed to protect the public from potential adverse impacts of the proposed use or development or to fulfill an identified need for public services within the impact area of the proposed development. Conditions shall not restrict densities to less than that authorized by the development standards of this title. B. In addition to conditions imposed pursuant to subsection A of this section, a condition is valid and enforceable when the applicant has: 1. Requested the condition;

204 2. Consented to the condition in writing or on the record; or 3. Established or commenced the development or use (other than a valid nonconforming use) prior to approval. C. Assurance of Compliance with Conditions. A bond, cash deposit or other security acceptable to the approval authority may be required from the applicant in an amount sufficient to ensure compliance with a condition of approval. D. Time Limits on Conditions. Conditions shall be fulfilled within the time limitations set forth or a reasonable time if no time limitations are specified. Failure to fulfill a condition within said time may result in initiation of revocation of the approval, citation or such other enforcement action as the city deems appropriate. E. Failure to Fulfill Previous Conditions. Notwithstanding any other provision, the approval authority shall refuse to issue an approval with conditions, and deny an application, upon a determination that the applicant, or any officer, or principal of the applicant, wilfully has failed to fulfill conditions of approval imposed in any previous development action and a determination that such a decision would encourage compliance or is necessary to protect the public from future noncompliance. F. Modification or Removal of Conditions. Modification or removal of conditions of approval may be sought on appeal or as a new development action. A new development action shall be processed through the same procedure as was used to impose the conditions. (Ord (part), 1996) Deferral. A. The approval authority may continue the public hearing and defer a decision to a date certain. No new notice is required for hearings continued to a date certain. Any deferral to a date certain that exceeds ninety days without consent of the applicant shall be in the form of an order setting forth the reasons for deferral. Such a deferral may be treated as a denial by the applicant for purposes of reconsideration and appeal if the applicant files a petition for review within fourteen calendar days of written notice of the deferral. B. An indefinite deferral shall require new notice to all persons identified in Chapter An indefinite deferral without the consent of the applicant shall be in the form of an order setting forth the reason for deferral and may be treated by the applicant as a denial for purposes of reconsideration and appeal if the applicant files a petition for review within fourteen calendar days of written notice of the deferral. (Ord (part), 1996) Date of final decision. A. Decisions of the manager or planning commission on an application shall be deemed final and effective upon expiration of the appeal period if no petition for review is filed within that time. Once final and effective, the decision cannot be appealed. B. Decisions of the council on an application shall be deemed final as follows: 1. If no petition for reconsideration is timely filed, the decision shall be deemed final on the date notice of the decision was provided to the parties. 2. If a petition for reconsideration is filed and denied, the decision shall be deemed final on the date notice of the denial of reconsideration is provided to the parties. 3. If a petition is filed and reconsideration granted, the decision shall be deemed final on the date notice of the decision on the development, as reconsidered, is provided. (Ord (part), 1996) Chapter RECONSIDERATION OF ADMINISTRATIVE, CITY MANAGER OR PLANNING COMMISSION DECISIONS Sections: Reconsideration as extraordinary remedy Motion for reconsideration.

205 Motion for reconsideration does not stop appeal period from running Motion for reconsideration as non-public hearing item Process for reconsideration Reconsideration and appeals Limited reconsiderations Reconsideration as extraordinary remedy. Reconsideration of an administrative, city manager or planning commission decision is available only as an extraordinary remedy upon a determination by the approval authority that: A. The party requesting reconsideration has sufficiently alleged in writing that a mistake of law or fact occurred; B. The alleged mistake, if found to have occurred, was a substantial factor in the decision; and C. Reconsideration is appropriate to avoid delay or hardship which may be caused by an appeal. (Ord (part), 1996) Motion for reconsideration. A motion for reconsideration must be filed in writing with the manager within seven calendar days of the date the notice of decision is provided. The motion shall address the factors set forth in Section of this chapter. The applicable fee adopted by the city council shall be submitted with the request. A motion for reconsideration may be filed by the applicant, the manager or a party of record. (Ord (part), 1996) Motion for reconsideration does not stop appeal period from running. Filing a motion for reconsideration is not a precondition to appealing the decision and does not stay the deadline for filing an appeal. To preserve the right to appeal, a party must file a petition for review as provided in Chapter If the initial approval authority grants reconsideration, and ultimately rules in favor of the party filing for reconsideration, the party may terminate its appeal. (Ord (part), 1996) Motion for reconsideration as nonpublic hearing item. Motions seeking reconsideration of a planning commission decision shall be summarily decided by the approval authority as a non-public hearing item at the first reasonably available opportunity. Motions seeking reconsideration of an administrative or city manager decision shall be summarily decided by the manager within fourteen calendar days of the receipt of the motion. Within seven calendar days, the approval authority shall issue a written notice of the decision to grant or deny the motion for reconsideration to the party requesting reconsideration. The decision as to whether to reconsider is not subject to appeal. (Ord (part), 1996) Process for reconsideration. A. Upon granting the motion to reconsider a planning commission decision, the manager shall schedule and notify the parties of a new public hearing on the merits of the issues raised. The reconsideration of the decision shall be limited to the issues raised in the motion for reconsideration and the merits of the issues raised. Such a hearing shall be held at the next reasonably available opportunity. B. Upon granting the motion to reconsider a city manager decision, the manager shall notify the parties of the reconsideration of the application on the merits of the issues raised. The reconsideration of the decision shall be limited to the issues raised in the motion for reconsideration and the merits of the issues raised. The review shall be done at the next reasonably available opportunity. (Ord (part), 1996) Reconsideration and appeals. If the motion for reconsideration is denied or the decision is not altered upon reconsideration, any appeal timely filed shall be processed in accordance with Chapter If the motion is granted and the approval authority modifies the previous decision,

206 the parties to the initial decision shall be notified within ten calendar days of the decision and may appeal the decision as modified pursuant to Chapter (Ord (part), 1996) Limited reconsiderations. No decision shall be reconsidered more than once. (Ord (part), 1996) Chapter APPEALS Sections: Decision Appeal authority Petition for review Transcript required Jurisdictional defect Nature of hearing Decisions of the council Decision. A decision of the approval authority may be appealed only if within fourteen calendar days after written notice of the decision is provided to the parties. A. A party files a complete petition for review with the manager; B. The manager files a complete petition for review; or C. The city council directs that an appeal be initiated. The grounds for directing an appeal shall be set forth by the council. (Ord (part), 1996) Appeal authority. A. The planning commission shall hear appeals of administrative and city manager decisions. B. The city council shall hear appeals of decisions of the planning commission. (Ord (part), 1996) Petition for review. A petition for review shall contain the following: A. The name of the applicant and the city case file number; B. The name and signature of each petitioner and statement of the interest of each petitioner to determine party status. Multiple parties may join in filing a single petition for review, but each petitioner shall designate a single contact representative for all contact with the city. All city communications regarding the petition, including correspondence, shall be with this contact representative; C. The date that notice of the decision was sent as specified in the notice; D. The nature of the decision and the specific grounds for appeal. Unless otherwise directed by the appellate authority, the appeal of city manager and planning commission decisions shall be limited to the issue(s) raised in the petition; E. The appeal fee adopted by the city council; F. In appeals to the council, a request for a partial or full de novo hearing as provided in Section if desired; G. Failure to file a signed and complete original petition with the city by five p.m. on the due date, with the proper fee, shall be a jurisdictional defect. (Ord (part), 1996) Transcript required Jurisdictional defect. A. A transcript shall be prepared at the request of the appellant, and at the cost of the appellant for all appeals of public hearing items. B. In all cases where a transcript is requested by the appellant, the manager shall promptly provide the appellant with a written estimate of the cost. Failure to pay the estimated cost within fourteen calendar days of being provided the estimate shall be a jurisdictional defect. Failure to pay the total balance due in excess of the estimate within seven calendar days of billing shall be a jurisdictional defect. Any amount paid in excess of the actual cost shall be refunded by the manager within thirty calendar days of determination of the actual cost. (Ord (part), 1996)

207 Nature of hearing. A. All hearings on appeal shall be conducted as public hearing in accordance with Chapters and B. Review of the final decision of administrative and city manager actions shall be de novo. At the public hearing before the planning of commission of an appeal of an administrative or city manager action, participants shall be limited to the applicant, those who made the appeal and those persons who were entitled to be mailed a public notice of pending review of the action pursuant to Chapter 16.48, and those who made written comments as prescribed in Chapter C. Except as provided in subsections D through F of this section, appeal to the council of all final decisions of the planning commission shall be confined to the record. The record shall include: 1. Reference the name, case number and date of the decision; 2. Contain the name and address of the requesting party; 3. Indicate the reasons for the request without addressing the merits of the land use action; and 4. Indicate any persons known to be opposed to the request. D. The request for a de novo hearing shall be decided by the council as a non-public hearing item, except that the council may make such provision for notice to the parties and may take such testimony as it deems necessary to fully and fairly address significant procedural or substantive issues raised. The council shall grant the request only upon findings that: 1. A de novo hearing is necessary to fully and properly evaluate a significant issue relevant to the proposed development action; 2. The substantial rights of the parties will not be significantly prejudiced; and 3. The request is not necessitated by improper or unreasonable conduct of the requesting party or by a failure to present evidence that was available at the time of the previous review. E. Hearings before the city council on items on appeal, either on the record, partial de novo, or de novo hearings, shall have the following time limitations: 1. If the item is heard on the record, the appealing party will have fifteen minutes total to present his/her arguments. The opposition will have fifteen minutes total to present their arguments. The appealing party will also have five minutes for rebuttal. 2. For partial de novo hearings, the appealing party will have twenty minutes total to present his/her arguments. The opposition will have twenty minutes total to present its arguments. The appealing party will also have five minutes for rebuttal. 3. For a completely de novo hearing, the appealing party will have thirty minutes total to present his/her arguments. The opposition will have thirty minutes total to present their arguments. The appealing party will also have five minutes for rebuttal. 4. The council chairman retains the authority to allow additional time as he/she deems appropriate and only if the party requesting the additional time has delivered to the manager, at least one week in advance of the hearing, a written statement of the reasons for the request for additional time. F. In conjunction with determining whether to conduct a de novo hearing, the council may remand the matter to the planning commission. The decision on whether to remand shall not be appealable. Upon remand, the applicant shall be entitled to return of the appeal fee. Appeal from a decision on remand shall be taken as any other appeal. G. Notwithstanding the above, the council may solicit or admit new evidence during a hearing on the record after considering the factors listed in subsection D of this section. (Ord (part), 1996) Decisions of the council. A. Decisions of the council are governed by Chapter B. In addition to the decisions listed in Section , the council may remand the matter to the prior approval authority for further proceedings as the council directs. (Ord (part), 1996)

208 Chapter RECONSIDERATION OF A CITY COUNCIL DECISION Sections: Reconsideration Limitations Remand from appellate bodies Date of final decision Reconsideration. The council may reconsider a decision on its own motion or upon a petition for reconsideration filed by a party with the manager within seven calendar days after written notice of the decision is provided. A. Filing a petition for reconsideration is not necessary to exhaust administrative remedies and perfect an appeal to a body of competent jurisdiction. B. The motion or petition shall state the alleged errors necessitating reconsideration. A fee may be established by resolution and order. C. The council shall summarily decide whether to reconsider at the time the motion is made or at the next reasonably available council meeting following filing of the petition. Reconsideration shall require the consent of three councilors. D. If reconsideration is granted, the matter shall be scheduled for a public hearing before the council at the next reasonably available hearing date. Notice of the hearing shall be sent by mail no later than twenty calendar days prior to the hearing to all persons who made an appearance of record below. The hearing shall be conducted as a hearing on the record and new evidence or testimony shall be limited to grounds upon which the motion or petition for reconsideration was granted. (Ord (part), 1996) Limitations. No final decision shall be reconsidered by the council more than once. If more than one petition for reconsideration is received in the seven calendar day period provided in Section , the petitions shall be consolidated. (Ord (part), 1996) Remand from appellate bodies. When an application is remanded from an appellate body, such as the land use board of appeals, to the city for further proceedings, the council may decide at a regular meeting, as a non-public hearing item, whether the matter shall proceed before the council or a subordinate approval authority. (Ord (part), 1996) Date of final decision. A. Decisions of the manager or planning commission on an application shall be deemed final and effective upon expiration of the appeal period if no petition for review is filed within that time. Once final and effective, the decision cannot be appealed. B. Decisions of the council on an application shall be deemed final as follows: 1. If no petition for reconsideration is timely filed, the decision shall be deemed final on the date notice of the decision was provided to the parties. 2. If a petition for reconsideration is filed and denied, the decision shall be deemed final on the date notice of the denial of reconsideration is provided to the parties. 3. If a petition is filed and reconsideration granted, the decision shall be deemed final on the date notice of the decision on the development, as reconsidered, is provided. (Ord (part), 1996) Chapter ENFORCEMENT Sections: Violations Fines Court jurisdiction Other legal remedies Building permits Uniform citation and complaint Prosecutions of violations Service of citation.

209 Minimum requirements for summons Appearance by defendant Effect of statement and explanation in mitigation Fixing hearing dates Notice to defendants Failure to appear The separate offense of failing to appear in court pursuant to citation, summons, court order at the time set for trial of case Fine for failure to appear in court pursuant to a citation, summons, court order or at the time set for trial of the case Hearing discretionary with court Exceptions Other enforcement procedure Violations. No person shall engage in or cause to occur any development; erect, construct, reconstruct, alter, maintain, use or transfer any building or structure; or alter, use or transfer any land in violation of this title, or the comprehensive plan. (Ord (part), 1996) Fines. Maximum fines upon conviction of the following offenses shall be as required by the city s schedule of fees and penalties as approved through resolution of the city council are as follows: A. Five hundred dollars per offenses for intentional violations where the responsible individual received verbal or written notice regarding city standards, which were subsequently violated; B. Two hundred fifty dollars per offense for all other offenses; and C. Each day of violation shall constitute a separate offense. (Ord (part), 1996) Court jurisdiction. City municipal, justice, district and circuit courts shall have jurisdiction over prosecutions under this code as provided by law. (Ord (part), 1996) Other legal remedies. The fines provided for in this chapter are in addition to and not in lieu of any other remedy provided by law, including, but not limited to denial or revocation of a development permit, injunction, mandamus, abatement or civil damages as provided by state law. (Ord (part), 1996) Building permits. No building permit shall be issued unless it has first been determined that such building or structure, as proposed, and the land upon which it is proposed to be located, complies with all applicable provisions of this title or is exempt therefrom. In addition to any other submitted materials required by law, applications for building permits shall be accompanied by a valid development permit or a statement specifying the applicable exemption. (Ord (part), 1996) Uniform citation and complaint. A. A uniform citation conforming to the requirements of this section may be used for all violations of this code and the rules and regulations adopted pursuant thereto, committed in the presence of the complainant and which occur in King City. B. The uniform citation shall consist of at least four parts. Additional parts may be inserted for administrative use. The required parts are: 1. Complaint; 2. City counsel s record of violation; 3. City s record of violation; and 4. Summons. C. Each of the parts shall contain the following information or blanks in which such information shall be entered. 1. Name of the court and the court s docket or file number; 2. Name of the person cited;

210 3. Brief description of the violation of which the person is charged in such a manner as can be readily understood by a person making a reasonable effort to do so; the date, time and place at which the violation occurred; the date on which the citation was issued and the name of the complainant; 4. The time and place where the person cited is to appear in court; 5. The bail, if any, fixed for the violation; 6. The designation of the method of service and certification that such service has been made; and 7. When such service is certified mail, return receipt requested, such shall be stated on the complaint and the required certification of service may be made upon receipt of the return receipt and after the filing of the complaint. D. Each of the parts shall also contain such identifying and additional information as may be necessary or appropriate for the manager to administer the section under which the citation was issued. E. The complaint shall contain a form of certification by the complainant to the effect that he/she certifies, under penalties prescribed in subsection F of this section, that he/she has reasonable grounds to believe, and does believe, that the person cited committed the violation contrary to this title or the rules and regulations adopted pursuant thereto, made and provided by King City. This certification, if made by the manager or his/her authorized designee, or a duly authorized peace officer, need not be made before a magistrate or any other person. Any private person utilizing the uniform citation shall certify before a municipal court judge, clerk or deputy clerk of the municipal court of King City, and this action must be entered in the court record and contain the substance of the matters appearing on the reverse side of all uniform complaints used in the municipal court or as otherwise directed by said municipal court. A certificate conforming to this chapter shall be deemed equivalent to a sworn complaint. F. Any person who in connection with the issuance of a citation, or the filing of a complaint, for the violation of this chapter or rules or regulations adopted pursuant thereto, wilfully certifies falsely to the matters set forth therein is punishable by a fine of not more than three thousand dollars as required by the city s schedule of fees and penalties as approved through resolution of the city council. (Ord (part), 1996) READ CAREFULLY You have been charged with a violation of the community development code of King City. You MUST do ONE of the following: 1. Appear in Court at the time mentioned in this summons and request a hearing. The court will then set a time for a hearing. 2. Mail to the Court this summons, together with a check or money order in the amount of the bail indicated on the other side of this summons and tell the Court you request a hearing. THIS SUMMONS AND THE BAIL MUST REACH THE COURT BEFORE THE TIME WHEN THIS SUM- MONS REQUIRES YOU TO APPEAR IN COURT. If you don t want a hearing, but wish to explain your side, send your explanation with the summons and bail. The court will then consider your explanation and may forfeit your bail or part of it, on the basis of your explanation and what the officer tells the court. 3. Sign the plea of guilty below and send this summons to the Court, together with check or money order in the amount of bail indicated on the other side of this summons. THIS SUMMONS AND THE BAIL MUST REACH THE COURT BEFORE THE TIME WHEN THIS SUMMONS RE- QUIRES YOU TO APPEAR IN COURT. NOTE: If you have already given bail or other security for your appearance, proceed as mentioned above, but do not send in any additional sum as bail.

211 APPEARANCE, PLEA OF GUILTY AND WAIVER I, the undersigned, do hereby enter my appearance on the complaint of the violation charged on the other side of this summons. I have been informed of my right to a trial, that my signature to this plea of guilty will have the same force and effect as a judgment of court. I do hereby PLEAD GUILTY to said violation as charged, WAIVE any right to a HEARING by the Court, and agree to pay the penalty prescribed for my violation. (Defendant s Name) (Defendant s Address) MAIL YOUR REMITTANCE TO: King City Municipal Court S.W. 116th Avenue King City, Oregon NOTICE IF YOU FAIL TO DO ONE OF THE THREE FOREGOING PROCEDURES, OR FAIL TO APPEAR FOR TRIAL AT THE TIME SET BY THE COURT, YOU MAY BE CHARGED WITH THE ADDITIONAL AND SEPARATE VIOLA- TION OF FAILURE TO MAKE REQUIRED APPEARANCE. THE COURT MAY IN ANY CASE, AFTER NOTICE, REQUIRE YOU TO APPEAR FOR A HEARING. G. Any error in transcribing information into the blanks provided in the citation form when determined by the court to be non-prejudicial to the defendant s defense, may be corrected at the time of trial or prior to time of trial with notice being given to defendant. H. Except as provided in subsection G of this section, the complaint shall be set aside by the court only upon the motion of the defendant before plea if it does not conform to the requirements of this section. (Ord (part), 1996) Prosecutions of violations. Prosecutions shall be commenced as follows: A. The manager or his/her authorized designee, or a duly authorized peace officer, may issue a uniform citation for violation of this code committed in his/her presence and when committed at any location within King City, Oregon. B. A private person may commence an action for a code violation as provided in Section (E) and under the same conditions as provided in subsection A of this section. The commencement of all actions by private persons for violation of this code committed in their presence utilizing the uniform citation form shall be with the discretion and judgment of the city manager, and conform to the procedures for certification and service as required in Sections and , respectively. (Ord (part), 1996) Service of citation. If a citation is commenced as described in Section (A) or (B), the manager, or his/her authorized designee, or a peace officer, or the city counsel, respectively, shall serve the summons portion of such citation in one of the following manners: A. Service may be made personally upon the defendant. B. If the defendant cannot be found, then service may be made to a member of his/her family over fourteen years of age who resides at that abode or to a person apparently in charge of the defendant s work place. C. If service is made as provided in subsection B of this section, the manager, as soon as reasonably possible, shall mail a true copy of the defendant s last known address, together with a statement of the date, time and place of service. (Ord (part), 1996)

212 Minimum requirements for summons. A summons for a code violation is sufficient if it contains the following: A. The name of the court, name of the person cited, date on which the citation was issued, name of the complainant and the time and place in which the person cited is to appear in court. B. A brief description or designation of the offense in such a manner that can be readily understood by a person making a reasonable effort to do so, and the date, time and place in which the violation is alleged to have occurred. C. The complaint shall contain a form of certificate by the complainant to the effect that he/she certifies, under the same penalties as prescribed in Section (F) that he/she has reasonable grounds to believe, and does believe that the person committed the violation contrary to the code. The certification, if made by the manager or his/her authorized designee, or a peace officer need not be made before a magistrate or any other person. A private party shall certify before a Washington County district court judge, or clerk or deputy clerk of the district court, and this action shall be entered into the court record. (Ord (part), 1996) Appearance by defendant. The defendant shall either appear in court at the time indicated in the summons, or prior to such time shall deliver to the court the summons, together with check or money order in the amount of the bail set forth on the summons, together with: A. A request for a hearing; or B. A statement of matters and explanations of mitigation of the offense charged; or C. The executed appearance, waiver of hearing and plea of guilty appearing on the summons. (Ord (part), 1996) Effect of statement and explanation in mitigation. If a defendant has submitted to the court a written statement as provided in Sections (B) or (C), it constitutes a waiver of hearing and consent to judgment by the court declaring a forfeiture of all or any part of the bail as determined by the court on the basis of such statement and any testimony or written statement of complainant or other witness which may be presented to the court. (Ord (part), 1996) Fixing hearing dates Notice to defendants Failure to appear The separate offense of failing to appear in court pursuant to citation, summons, court order at the time set for trial of case. A. If defendant requests a hearing, or, pursuant to Section (B), the court directs that a hearing be held, the court shall fix a date and time for hearing and, unless notice is waived, shall, at least five days in advance of the hearing, mail to the defendant a notice of the date and time so fixed. The notice shall set forth a warning that for failure to appear for the hearing, the defendant may be charged with a separate and additional offense of failure to appear in court pursuant to a court order, or a citation or summons, or at time set for trial of the case. B. Notice to the defendant required pursuant to this section shall be made in the form of a court notice to appear and be placed in the United States mail addressed to the defendant as his/her last known address with postage prepaid thereon. C. Failure of the defendant to make appearance as set forth in this section will constitute a failure to appear for hearing. If the defendant fails to appear when notified by the court to appear pursuant to this section, he/she may be charged with a separate and additional offense of failing to appear in court pursuant to a court order, or a citation or summons or at time set for trial of the case. (Ord (part), 1996) Fine for failure to appear in court pursuant to a citation, summons, court order or at the time set for trial of the case. Upon a finding by the court that defendant did not make appearance as required pursuant to Section

213 , without due and good cause, the defendant shall be guilty of failure to appear. The fine for conviction of failure shall be in addition to the fine and court costs of the violation for which he/she failed to appear and shall not be less than twice the amount of bail for such violation nor more than one thousand dollars be as required by the city s schedule of fees and penalties as approved through resolution of the city council. (Ord (part), 1996) Hearing discretionary with court Exceptions. A. For any code violation for which uniform citation has been issued, the court may direct that a hearing be held. Otherwise, the court may enter the appropriate judgment, impose a fine, direct that the fine be paid out of the bail deposited by the defendant and return any amount by which the bail exceeds the fine. B. No fine may be imposed in excess of the amount of bail deposited by defendant, unless a hearing is held. (Ord (part), 1996) Other enforcement procedure. The use of the above citation procedures shall not be construed to prevent the filing of a complaint, in any other lawful form, alleging violation of this law. (Ord (part), 1996) Article III. Land Use Districts Chapter GENERAL PROVISIONS Sections: Districts generally Zoning classification districts Location of districts Zoning map Zoning of annexed areas Additional yard and setback requirements Exceptions to building height requirements Other requirements Districts generally. All lands, tracts and area within the corporate limits of the city area are included within one of the following described land use zoning districts. The purpose of use, classification and uses of each tract within the corporate limits of the city shall be limited to those applicable to the zoning classification district within which such tract or lands are situated. (Ord. O (part), 1999: Ord (part), 1996) Zoning classification districts. The city is divided into the following zoning classification districts, with applicable abbreviated designation, shall be as follows: District Abbreviated Designation Small Lot and Attached Residential R-9 (9 du/ac) Single-family Residential (10 du/ac) SF Apartments and Townhouses AT (Approx. 15 du/ac) Attached Residential (12 du/ac) R-12 Multi-family Residential (15 du/ac) R-15 Multi-family residential (24 du/ac) R-24 Limited Commercial LC Community Facilities CF Recreation Open Space ROS (Ord. O (part), 2002: Ord. O (part), 1999: Ord (part), 1996) Location of districts. A. The boundaries for the districts listed in this chapter are indicated on the city zoning map which is adopted by reference. The boundaries shall be modified in accordance with the provisions of this code. B. The boundaries, legends, symbols, notations and references of each of the zoning classification

214 districts as depicted on the city zoning map are adopted by reference. C. Unless otherwise specified, district and subdistrict boundaries are section lines, subdivision lines, lot lines, center lines of street right-of-way, or such lines extended. (Ord (part), 1996) Zoning map. The city zoning map is attached to the ordinance codified in this title and by this reference made a part hereof, bearing the signatures of the mayor and city recorder of the city, and entitled City of King City Zoning Map dated with the effective date of the ordinance codified in this title. It shall be maintained without change on file at all times in the office of the city recorder. (Ord. O (part), 1999: Ord (part), 1996) Zoning of annexed areas. A. Zoning regulations applicable to an area prior to annexation to the city shall continue to apply and shall be enforced by the city until a zone change for the area has been adopted by the city council. The city may, in a resolution favoring annexation of property to the city may, conduct such proceedings as may be necessary to establish the zoning and land uses of the property to the requirements of this title and the comprehensive plan. B. The city may also enter into zoning and land use agreements with owners of property prior to annexation, provided the proceedings follow all requirements of this title for zone changes. (Ord. O (part), 1999: Ord (part), 1996) Additional yard and setback requirements. A. Substandard Street Right-of-Way. 1. Where a yard or setback abuts a street having insufficient right-of-way width, the minimum yard or setback requirement shall be increased by the amount of right-of-way, measured from the street centerline, necessary to meet applicable city, county, or state standards. 2. The applicable street right-of-way width standards, measured at right angles to the street centerline, are as follows: a. Pacific is Highway (State Route 99W) Applicable right-of-way requirement from centerline as determined by the Oregon Department of Transportation; b. Beef Bend Road Thirty-three feet; c. 131st Avenue, between Beef Bend Road and Fischer Road Thirty-three feet; d. Fischer Road Thirty-three feet; e. 116th Avenue, between Queen Elizabeth and Pacific Highway Thirty feet; f. Royalty Parkway, between Pacific Highway and 116th Avenue Thirty feet; and g. All other city streets Twenty-five feet. B. Projections into Required Yards. 1. Cornices, eaves, belt courses, sills, canopies, fireplace chimneys or similar architectural features may extend or project a maximum of thirty-six inches into a required yard provided the width of such yard is not reduced to less than three feet. 2. Open porches, decks or balconies not more than thirty-six inches in height and not covered by a roof or canopy, may extend or project a maximum of thirty-six inches into a required yard area provided the yard area is not reduced to less than three feet. Such building additions located in a rear or side yard shall be screened from abutting properties. 3. Porches, decks, or balconies than exceed thirty-six inches in height or are covered by a roof or canopy shall comply with the setback standards of the applicable zone. (Ord. O (part), 1999: Ord (part), 1996) Exceptions to building height requirements. Projections such as chimneys, spires, domes, elevator shaft housings, towers, aerials, flag poles, utility poles and other similar structures not used for human occupancy, are not subject to the building height limitations of this title. (See (A)(4).) (Ord. O (part), 1999: Ord (part), 1996)

215 Other requirements. A. No temporary structure, trailer, recreational vehicle or other structure shall be placed on a lot for dwelling purposes, except during periods of construction when one such dwelling is allowed and approved by the city manager for a building project. B. No signs or other advertising devices except real estate signs shall be placed on a lot without the express permission of the city manager. C. A garage is required of each dwelling, which shall conform generally in architectural style and exterior materials and finish to the house. (Ord. O (part), 1999: Ord (part), 1996) Chapter UNLISTED USE: AUTHORIZATION OF SIMILAR USE Sections: Purpose Definition Administration Approval standards Purpose. A. It is not possible to contemplate all of the various uses which must be compatible within a zoning district. Therefore, unintentional omissions occur. B. The purpose of this chapter is to establish a procedure for determining whether certain specific uses would have been permitted in a zoning district had they been contemplated and whether such unlisted uses are compatible with the listed uses. (Ord. O (part), 1999: Ord (part), 1996) Definition. An unlisted use is a use which is not listed as either a use permitted outright or a conditional use in a particular zone. (Ord. O (part), 1999: Ord (part), 1996) Administration. A. The city manager shall maintain a list by zoning district of unlisted uses approved by the planning commission and the list shall have the same effect as an amendment to the use provisions of the applicable zone. B. Requests to approve an unlisted use shall be administered as a planning commission review in accordance with Article II of this title. (Ord. O (part), 1999: Ord (part), 1996) Approval standards. The planning commission shall approve an unlisted use application based on findings that all of the following criteria are satisfied: A. The use is not specifically listed in another zone as either a permitted use or a conditional use; B. The use is consistent with the comprehensive plan; C. The use is consistent with the intent and purpose of the applicable zoning district; D. The use is similar to and of the same general type as the uses listed in the zoning district; E. The use has similar intensity, density and offsite impacts as the uses listed in the zoning district; and F. The use has similar impacts on the community facilities as the listed uses. (Ord. O (part), 1999: Ord (part), 1996) Chapter SMALL LOT AND ATTACHED RESIDENTIAL ZONE (R-9)* Sections: Purpose Permitted uses Conditional uses Dimensional and density requirements Design requirements. * Prior ordinance history: Ords and O-99-6.

216 Purpose. The purpose of the R-9 zone is to provide land for housing opportunities for individual households. The zone implements the comprehensive plan policies and regulations that are intended to create, maintain and promote single-family residential neighborhoods. This land use designation is intended to generally apply to annexed properties that were designated as R-9 in Washington County or in the West King City planning area. (Ord. O (part), 2002) Permitted uses. A permitted use is a use, which is allowed outright, but is subject to all applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of Chapter Permitted uses in the R-9 zone are: A. Dwelling, single-family detached; B. Dwelling, single-family attached; C. Duplex; D. Manufactured home on an individual lot; E. Residential home; F. Manufactured/Mobile home parks and subdivisions; G. Family day care (family care); H. Park and open space created as part of a subdivision or planned development; and I. Dwelling, accessory. (Ord. O (part), 2003; Ord. O (part), 2002) Conditional uses. A conditional use is a use, which is subject to a discretionary decision by the planning commission. The approval criteria are set forth in Chapter If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter Conditional uses in the R-9 district are: A. Schools; B. Utilities; C. Community services; D. Parks and open space not created as part of a subdivision or planned development; E. Religious assembly; F. Public safety facilities; G. Day care group home (family care); and H. Recreation vehicle and boat storage serving only the residents within the development. (Ord. O (part), 2002) Dimensional and density requirements. The dimensional and density requirements of the R-9 district are: Dimensional Requirements Table Minimum and average lot size/land area per unit Single-family detached units 2,400 min./2,800 avg. square feet Duplex 4,400 min./4,800 avg. square feet Single-family attached and 0-foot setback units 2,000 min./2,400 avg. square feet Minimum average lot width (per lot) Single-family detached units 30 feet Duplex 48 feet Single-family attached and 0-foot setback 24 feet detached units Minimum average lot depth (per lot) Single-family detached units 60 feet Duplex 60 feet

217 Dimensional Requirements Table Single-family attached and 0-foot setback 60 feet detached units Setbacks (measured from property lines, except as noted for garage entrances) Front yard 12 feet minimum and 26 feet maximum to front building wall. 8 feet minimum and 20 feet maximum to front porch. 18 feet from the nearest edge of the public sidewalk to front of garage entrance. The front lot line shall be used if a sidewalk will not be present prior to occupancy permit. Front yard corner For corner lots, at least one street frontage shall meet the front yard requirements above. For the second front yard, the property owner/applicant may apply the following standards: 10 feet minimum for a side yard facing a street. 18 feet from the nearest edge of the public sidewalk to front of garage entrance. The front lot line shall be used if a sidewalk will not be present prior to occupancy permit. Side yard interior 0 feet, except as required by the Uniform Building Code (UBC), or a minimum of 3 feet. In all cases, 0-foot setback buildings shall either (1) be attached at the property line or (2) have a minimum separation of 6 feet. Rear yard 10 feet minimum for residential building. 0 feet for a detached accessory building less than 18 feet in height. 0-6 feet or 18 feet to a garage entrance to an alley. Building height Single-family and duplex dwellings 35 feet Accessory structures 18 feet Density standards Maximum 9 units per gross acre (Chapter ) Minimum 80% of the allowed maximum (Ord. O (part), 2002)

218 Design requirements. In addition to the dimensional requirements in Section , the following design requirements shall apply: Main entrance Location Orientation Design Requirements Table Within 8 feet of the longest front building wall (see Figure 1). The applicant/owner may select which street frontage to use for a corner lot. Face the street at an angle that does not exceed 45 degrees; or Open onto a porch, which has: A minimum of 25 square feet with a minimum dimension of 4 feet; At least one entrance facing the street; and A roof that covers at least 30 percent of the porch area (see Figure 2). Front windows - First floor of all dwellings. Minimum glazing area 20 sq. ft. for each building wall facing a street. Maximum window sill height Windows in entry or garage doors shall not be included to meet this standard. 4 ft. above finished first floor elevation for the window(s) necessary to meet the 20 sq. ft. minimum glazing area standard. No sill height standard for all other windows. Design Requirements Table Garage door frontage - Maximum percentage of the building width allowed for the garage door. Single-family detached units Single-family attached and duplex units Minimum garage door width Attached units Maximum number of attached single-family units Required outdoor area 50% when the garage door setback is the same or less than the front building wall. Garage door setback shall be no more than 6 feet less than the front building wall setback. 60% when the garage setback is at least 4 feet behind the front building wall or front porch. 70% when the garage setback is at least 8 feet behind the front building wall or front porch. 30% when the garage setback is less than the front building wall. 60% when the garage setback is equal to or greater than the front building wall or front porch. 70% when the garage setback is at least 4 feet behind the front building wall or front porch. Notwithstanding the above requirements for garage door widths, a residence shall be permitted to have one garage door that is up to 10 feet wide. 4 units.

219 Design Requirements Table Single-family detached units Duplex, single-family attached, and detached single-family units with one 0-foot setback Common outdoor area alternative Minimum contiguous rear or side yard outdoor area of 400 square feet shall be provided on each lot, of which no dimension shall be less than 10 feet. This standard is not required when the garage for the residence is located in the rear yard. Minimum contiguous rear or side yard outdoor area of 300 square feet shall be provided on each lot, of which no dimension shall be less than 10 feet. This standard is not required when the garage for the residence is located in the rear yard. In lieu of meeting the outdoor area requirements for each lot, a common outdoor area may be provided for the development. This common outdoor area shall have a minimum contiguous area of 500 square feet unit in the development with a minimum size of 5,000 square feet, of which no dimension shall be less than 40 feet. Figure 1 Figure 2

220 (Ord. O (part), 2002) Chapter SINGLE-FAMILY RESIDENTIAL ZONE (SF) Sections: Purpose Permitted uses Conditional uses Dimensional and density requirements Purpose. The purpose of the SF zone is to provide land for housing opportunities for individual households. The zone implements the comprehensive plan policies and regulations that are intended to create, maintain and promote single-family residential neighborhoods. This land use designation is intended to generally apply to established single-family residential properties within the city prior to June 5, (Ord. O (part), 1999: Ord (part), 1996) Permitted uses. A permitted use is a use, which is allowed outright, but is subject to all applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of Chapter Permitted uses in the SF zone are: A. Dwelling, single-family detached; B. Manufactured home on an individual lot; C. Residential home; and D. Dwelling, accessory. (Ord. O (part), 2003; Ord. O (part), 1999: Ord (part), 1996) Conditional uses. A conditional use is a use which is subject to a discretionary decision by the planning commission. The approval criteria are set forth in Chapter If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter Conditional uses in the SF district are: A. Schools; B. Utilities; C. Community services; D. Parks and open space; E. Religious assembly; and F. Public safety facilities. (Ord. O (part), 1999: Ord (part), 1996) Dimensional and density requirements. A. The dimensional requirements in the SF district are: 1. A minimum lot area of four thousand square feet; 2. A minimum average lot width of forty feet; 3. A minimum average lot depth of eighty feet; 4. Minimum building setback requirements of: a. Front yard of ten feet for the building and garage vehicle entrance; b. Side yard of four feet; c. Rear yard of four feet; 5. Eaves and decorative features are allowed within setback areas but in no case shall any portion of a building encroach upon another lot; 6. No building shall exceed twenty feet in height; 7. The maximum height and size and minimum setbacks for accessory structures shall comply with the provisions of Chapter ; and 8. The maximum coverage of buildings and impervious surfaces shall not exceed seventy-five percent of the total lot area. B. Residential development shall be no less than eighty percent of the maximum density allowed by the requirements of this chapter. (Ord. O (part), 1999: Ord (part), 1996)

221 Chapter APARTMENTS AND TOWNHOUSES ZONE (AT) Sections: Purpose Permitted uses Conditional uses Dimensional and density requirements Purpose. The purpose of the AT zone is to provide land for housing opportunities for individual households. The zone implements the comprehensive plan policies and regulations that are intended to create, maintain and promote moderate density residential neighborhoods. This land use designation is intended to generally apply to established single-family residential properties within the city prior to June 5, (Ord. O (part), 1999: Ord (part), 1996) Permitted uses. A permitted use is a use, which is allowed outright, but is subject to all applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of Chapter Permitted uses in the AT zone are: A. Dwelling, single-family detached; B. Dwelling, single-family attached; C. Dwelling, multi-family; D. Manufactured home on an individual lot; E. Residential home; F. Manufactured/mobile home parks and subdivisions; G. Duplex; and H. Dwelling, accessory. (Ord. O (part), 2003; Ord. O (part), 1999: Ord (part), 1996) Conditional uses. A conditional use is a use which is subject to a discretionary decision by the planning commission. The approval criteria are set forth in Chapter If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter Conditional uses in the AT district are: A. Schools; B. Utilities; C. Community services; D. Parks and open space; E. Religious assembly; F. Public safety facilities; and G. Residential facility. (Ord. O (part), 1999: Ord (part), 1996) Dimensional and density requirements. A. The dimensional requirements in the AT district are: 1. A minimum lot area of five thousand square feet. For more than one unit, the minimum lot area shall be two thousand five hundred square feet per unit; 2. A minimum average lot width of forty feet; 3. A minimum average lot depth of eighty feet; 4. Minimum building setback requirements of: a. Front yard of ten feet for the building; b. Side yard of five feet for a one story structure, and ten feet for two-story structures; c. Rear yard of twenty feet; d. Garage vehicle entrance setback of fifteen feet; 5. Eaves and decorative features are allowed within setback areas but in no case shall any portion of a building encroach upon another lot; 6. In a group of buildings in one project, the minimum distance between buildings shall be not less than the sum of the required side yards computed separately; 7. No building shall exceed thirty feet in height; 8. The maximum height and size and minimum setbacks for accessory structures shall comply with the provisions of Chapter ; and 9. The maximum coverage of buildings and impervious surfaces shall not exceed seventy-five percent of the total lot area.

222 B. Residential development shall be no less than eighty percent of the maximum density allowed by the requirements of this chapter. (Ord. O (part), 1999: Ord (part), 1996) Chapter ATTACHED RESIDENTIAL ZONE (R-12) Sections: Purpose Permitted uses Conditional uses Dimensional and density requirements Design requirements Purpose. The purpose of the R-12 zone is to provide land for housing opportunities for individual households. The zone implements the comprehensive plan policies and regulations that are intended to create, maintain and promote moderate density residential neighborhoods. (Ord. O (part), 2002) Permitted uses. A permitted use is a use, which is allowed outright, but is subject to all applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of Chapter Permitted uses in the R-12 zone are: A. Dwelling, single-family detached; B. Dwelling, single-family attached; C. Dwelling, multi-family; D. Manufactured home on an individual lot; E. Duplex residential units; F. Residential home; G. Manufactured/mobile home parks and subdivisions; H. Family day care (family care); I. Residential facility; J. Parks and open space created as part of a subdivision or planned development; and K. Dwelling, accessory. (Ord. O (part), 2003; Ord. O (part), 2002) Conditional uses. A conditional use is a use, which is subject to a discretionary decision by the planning commission. The approval criteria are set forth in Chapter If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter Conditional uses in the R-12 district are: A. Schools; B. Utilities; C. Community services; D. Parks and open space not created as part of a subdivision or planned development; E. Religious assembly; F. Public safety facilities; G. Day care group home (Family care); and H. Recreation vehicle and boat storage serving only the residents within the development. (Ord. O (part), 2002) Dimensional and density requirements. The dimensional and density requirements of the R-12 district are: Dimensional Requirements Table Minimum and average lot size/land area per unit Single-family detached 2,000 min./2,400 avg. units square feet Duplex 3,600 min./4,000 avg. square feet Single-family attached 1,600 min./2,000 avg. and 0-foot setback square feet units Multi-family units 1,600 min./2,000 avg. square feet Minimum average lot width (per lot) Single-family detached 28 feet units

223 Dimensional Requirements Table Duplex 48 feet Single-family attached 24 feet and 0-foot setback detached units Multi-family units 48 feet Minimum average lot depth (per lot) Single-family detached 60 feet units Duplex 60 feet Single-family attached 60 feet and 0-foot setback detached units Multi-family units 60 feet Setbacks (measured from property lines, except as noted for garage entrances) Front yard 10 feet minimum and 26 feet maximum to front building wall. 6 feet minimum and 15 feet maximum to front porch. 18 feet from the nearest edge of the public sidewalk to front of garage entrance. The front lot line shall be used if a sidewalk will not be present prior to occupancy permit. Front yard - corner For corner lots, at least one street frontage shall meet the front yard requirements above. For the second front yard, the property owner/applicant may apply the following standards: 8 feet minimum for a side yard facing a street. Dimensional Requirements Table Side yard - interior Rear yard Building height Single-family, duplex, and multi-family dwellings Accessory structures Density standards Maximum Minimum 18 feet from the nearest edge of the public sidewalk to front of garage entrance. The front lot line shall be used if a sidewalk will not be present prior to occupancy permit. 0 feet, except as required by the Uniform Building Code (UBC), or a minimum of 3 feet. In all cases, 0-foot setback buildings shall either (1) be attached at the property line or (2) have a minimum separation of 6 feet. 10 feet minimum for residential building. 0 feet for a detached accessory building less than 18 feet in height. 0-6 feet or 18 feet to a garage entrance to an alley. 35 feet 18 feet (Ord. O (part), 2002) 12 units per gross acre (Chapter ) 80% of the allowed maximum

224 Design requirements. In addition to the dimensional requirements in Section , the following design requirements shall apply: Main entrance Location Orientation Design Requirements Table Within 8 feet of the longest front building wall (see Figure 1). The applicant/owner may select which street frontage to use for a corner lot. Face the street at an angle that does not exceed 45 degrees; or Open onto a porch, which has: A minimum of 25 square feet with a minimum dimension of 4 feet; At least one entrance facing the street; and A roof that covers at least 30 percent of the porch area (see Figure 2). Front windows - First floor of all dwellings. Minimum glazing area 20 sq. ft. for each building wall facing a street. Windows in entry or garage doors shall not be included to meet this standard. Maximum window sill height 4 ft. above finished first floor elevation for the window(s) necessary to meet the 20 sq. ft. minimum glazing area standard. No sill height standard for all other windows. Design Requirements Table Garage door frontage - Maximum percentage of the building width allowed for the garage door. Single-family detached 50% when the garage units setback is the same or less than the front building wall. The garage door setback shall be no more than 6 feet less than the front building wall setback. 60% when the garage setback is at least 2 feet behind the front building wall or front porch. Single-family attached, duplex and multifamily units Minimum garage door width Attached units Maximum number of attached single or multi-family units Required outdoor area 70% when the garage setback is at least 4 feet behind the front building wall or front porch. 30% when the garage setback is less than the front building wall or front porch. 60% when the garage setback is equal to or greater than the front building wall. 70% when the garage setback is at least 4 feet behind the front building wall or front porch. Notwithstanding the above requirements for garage door widths, a residence shall be permitted to have one garage door that is up to 10 feet wide. 12 units.

225 Design Requirements Table Single-family detached units Duplex, single-family attached, and detached single-family units with one 0-foot setback Multi-family units Common outdoor area alternative Minimum contiguous rear or side yard outdoor area of 300 square feet shall be provided on each lot, of which no dimension shall be less than 10 feet. This standard is not required when the garage for the residence is located in the rear yard. Minimum contiguous rear or side yard outdoor area of 200 square feet shall be provided on each lot, of which no dimension shall be less than 10 feet. This standard is not required when the garage for the residence is located in the rear yard. Minimum contiguous rear or side yard outdoor area of 200 square feet shall be provided for each unit on the lot, of which no dimension shall be less than 15 feet. In lieu of meeting the outdoor area requirements for each lot, a common outdoor area may be provided for the development. This common outdoor area shall have a minimum contiguous area of 400 square feet per unit in the development with a minimum size of 4,000 square feet, of which no dimension shall be less than 40 feet. Figure 1 Figure 2 (Ord. O (part), 2002)

226 Chapter MULTI-FAMILY RESIDENTIAL ZONE (R-15) Sections: Purpose Permitted uses Conditional uses Dimensional and density requirements Purpose. The purpose of the R-15 zone is to provide land for housing opportunities for individual households. The zone implements the comprehensive plan policies and regulations that are intended to create, maintain and promote moderate density residential neighborhoods. This land use designation is intended to generally apply to annexed properties that were designated as R-15 in Washington County. (Ord. O (part), 1999: Ord (part), 1996) Permitted uses. A permitted use is a use, which is allowed outright, but is subject to all applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of Chapter Permitted uses in the AT zone are: A. Dwelling, single-family detached; B. Dwelling, single-family attached; C. Dwelling, multi-family; D. Manufactured home on an individual lot; E. Duplex residential units; F. Residential home; G. Manufactured/mobile home parks and subdivisions; H. Family day care (family care); and I. Residential facility; J. Dwelling, accessory. (Ord. O (part), 2003; Ord. O (part), 1999: Ord (part), 1996) Conditional uses. A conditional use is a use which is subject to a discretionary decision by the planning commission. The approval criteria are set forth in Chapter If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter Conditional uses in the R-15 district are: A. Schools; B. Utilities; C. Community services; D. Parks and open space; E. Religious assembly; F. Public safety facilities; and G. Day care group home (family care). (Ord. O (part), 1999: Ord (part), 1996) Dimensional and density requirements. The dimensional requirements in the R-15 district are: A. The minimum lot area shall be: 1. Twenty thousand square feet for multi-family development; 2. Five thousand square feet for single-family dwellings and manufactured homes on individual lots; 3. Ten thousand square feet for a duplex; 4. Five thousand square feet for a park. B. The minimum yards required shall be: 1. Front yard: a. Multi-family Twenty feet; b. Single-family, manufactured home, duplex Fifteen feet; 2. Side yard: a. Multi-family Twenty feet; b. Single-family, manufactured home, duplex Five feet. 3. Rear yard for all buildings Twenty feet; 4. Garage vehicle entrance setback of fifteen feet; 5. Where the side yard or rear yard of singlefamily attached or multiple-family dwellings abut a more restrictive zoning district, such setbacks shall not be less than thirty feet.

227 C. Residential structures shall not exceed thirty feet in height, and accessory structures shall not exceed twenty feet in height; D. The maximum height and size and minimum setbacks for accessory structures shall comply with the provisions of Chapter ; E. The maximum coverage of buildings and impervious surfaces shall not exceed seventy-five percent of the total lot area; and F. Residential development shall be no less than eighty percent of the maximum density allowed by the requirements of this chapter. (Ord. O (part), 1999: Ord (part), 1996) Chapter MULTI-FAMILY RESIDENTIAL ZONE (R-24) Sections: Purpose Permitted uses Conditional uses Dimensional and density requirements Purpose. The purpose of the R-24 zone is to provide land for housing opportunities for individual households. The zone implements the comprehensive plan policies and regulations that are intended to create, maintain and promote high density residential neighborhoods. This land use designation is intended to generally apply to annexed properties that were designated as R-24 in Washington County. (Ord. O (part), 1999: Ord (part), 1996) Permitted uses. A permitted use is a use which is allowed outright, but is subject to all applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of Chapter Permitted uses in the AT zone are: A. Dwelling, single-family detached; B. Dwelling, single-family attached; C. Multi-family residential dwellings; D. Manufactured home on an individual lot; E. Duplex residential units; F. Residential home; G. Manufactured/mobile home parks and subdivisions; H. Family day care (family care); I. Residential facility; and J. Dwelling, accessory. (Ord. O (part), 2003; Ord. O (part), 1999: Ord (part), 1996) Conditional uses. A conditional use is a use which is subject to a discretionary decision by the planning commission. The approval criteria are set forth in Chapter If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter Conditional uses in the R-24 district are: A. Schools; B. Utilities; C. Community services; D. Parks and open space; E. Religious assembly; F. Public safety facilities; G. Day care group home and adult day care (family care); and H. Recreational vehicle parks. (Ord. O (part), 2003; Ord. O (part), 1999: Ord (part), 1996) Dimensional and density requirements. The dimensional requirements in the R-24 district are: A. The minimum lot area shall be: 1. Twenty thousand square feet for multi-family development; 2. Five thousand square feet for single-family dwellings and manufactured homes on individual lots; 3. Ten thousand square feet for a duplex; 4. Five thousand square feet for a park. B. The minimum yards required shall be:

228 1. Front yard: a. Multi-family Twenty feet; b. Single-family, manufactured home, duplex Fifteen feet; 2. Side yard: a. Multi-family Twenty feet; b. Single-family, manufactured home, duplex Five feet; 3. Rear yard for all buildings Twenty feet; 4. Garage vehicle entrance setback of fifteen feet; 5. Where the side yard or rear yard of attached, multiple-family, single-family dwelling, or manufactured home on an individual lot abut a more restrictive zoning district, such setbacks shall not be less than thirty feet. C. The maximum building heights shall be: 1. Thirty feet for single-family dwellings; 2. Forty feet for multi-family dwellings. D. The maximum height and size and minimum setbacks for accessory structures shall comply with the provisions of Chapter ; E. The maximum coverage of buildings and impervious surfaces shall not exceed seventy-five percent of the total lot area; and F. Residential development shall be no less than eighty percent of the maximum density allowed by the requirements of this chapter. (Ord. O (part), 1999: Ord (part), 1996) Chapter LIMITED COMMERCIAL ZONE (LC) Sections: Purpose Permitted uses Conditional uses Dimensional requirements Additional requirements Purpose. The purpose of the LC zone is to provide a mix of retail, service, and business needs for the community while maintaining a compatible relationship with the residential retirement character of the city. (Ord. O (part), 1999: Ord (part), 1996) Permitted uses. A. A permitted use is a use which is allowed outright, but is subject to all applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted used under the provisions of Chapter Permitted uses in the LC district are as follows: 1. Office; 2. Retail sales and service; a. Sales-oriented, b. Personal service-oriented, and c. Repair-oriented; 3. Motel; 4. Community services; 5. Religious assembly; 6. Residential facility; and 7. Adult day care (family care). (Ord. O (part), 1999: Ord (part), 1996) Conditional uses. A conditional use is a use which is subject to a discretionary decision by the planning commission. The approval criteria are set forth in Chapter If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter Conditional uses in the LC district are as follows: A. Retail sales and service; 1. Drive-through facilities, and 2. Entertainment-oriented; B. Quick vehicle servicing; C. Hospital; D. Utilities; E. Public safety facilities; F. Parks and open space; and G. Recreational vehicle parks. (Ord. O (part), 2003: Ord. O (part), 1999: Ord (part), 1996)

229 Dimensional requirements. A. The dimensional requirements in the LC district area as follows: 1. The minimum lot area shall be four thousand square feet; 2. The minimum lot width shall be forty feet; 3. The minimum lot depth shall be eighty feet; 4. The minimum setback requirements shall be as follows: a. No front yard setback shall be required in this zone; b. No side yard setback shall be required, except when abutting a residential zone, a side yard of ten feet shall be required; c. No rear yard setback shall be required, except when abutting a residential zone, a rear yard setback of twenty-five feet shall be required; 5. No building in this zone shall exceed the following building height standards: a. A maximum of thirty feet for buildings within twenty-five feet of a residential zoning district; and b. The maximum building height of thirty feet in subsection (a) of this section shall increase one foot for each additional foot of building setback over twenty-five feet from a residential zoning district, up to a maximum building height of fifty feet as illustrated below; 6. The maximum height and size and minimum setbacks for accessory structures shall comply with the provisions of Chapter ; and 7. The maximum coverage of buildings and impervious surfaces shall not exceed eighty-five percent of the total lot area. (Ord. O (part), 1999: Ord (part), 1996) Additional requirements. A. Except as provided in subsection B of this section, all business and display of merchandise shall be conducted wholly within an enclosed building. B. Subject to an administrative review and approval by the city manager, outdoor storage and display may be permitted when all of the following conditions are satisfied: 1. The amount of outdoor storage and display does not exceed five percent of the gross floor area of the business; 2. Pedestrian, bicycle, wheel chair and motor vehicle access to and within the property is not impeded in any way; 3. The outdoor storage and display is in conformity with any conditions of development permit or building permit approval; and 4. The outdoor storage and display satisfies all relevant provisions of this title and other applicable requirements of this code. C. Hours of Operation. In keeping with the residential retirement character of the city, business hours shall be between the hours of eight a.m. to ten p.m. No business shall be conducted before or after these times unless approved as a conditional use as provided in this title. (Ord. O (part), 1999: Ord (part), 1996) Chapter COMMUNITY FACILITIES ZONE (CF) Sections: Purpose Permitted uses.

230 Conditional uses Dimensional requirements Purpose. The purpose of the CF zone is to provide land for community facilities designed to be used for noncommercial, social and recreational purposes by the residents of the city. The zone implements the comprehensive plan policies and regulations that are intended to create, maintain and promote these activities. (Ord. O (part), 1999: Ord (part), 1996) Permitted uses. A permitted use is a use, which is allowed outright, but is subject to all applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of Chapter Permitted uses in the CF zone are: A. Community services. (Ord. O (part), 1999: Ord (part), 1996) Conditional uses. A conditional use is a use which is subject to a discretionary decision by the planning commission. The approval criteria are set forth in Chapter If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter Conditional uses in the CF district are: A. Utilities; B. Public safety facilities; and C. Parks and open space. (Ord. O (part), 1999: Ord (part), 1996) Dimensional requirements. A. The dimensional requirements in the CF district are as follows: 1. The minimum lot area shall be five thousand square feet; 2. The minimum lot width shall be forty feet; 3. The minimum lot depth shall be eighty feet; 4. The minimum setback requirements shall be as follows: a. No front yard setback shall be required in this zone; b. No side yard setback shall be required, except when abutting a residential zone, a side yard of ten feet shall be required; c. No rear yard setback shall be required, except when abutting a residential zone, a rear yard setback of twenty-five feet shall be required; 5. No building in this zone shall exceed a height of thirty feet; and 6. The maximum height and size and minimum setbacks for accessory structures shall comply with the provisions of Chapter ; and 7. The maximum coverage of buildings and impervious surfaces shall not exceed seventy-five percent of the total lot area. (Ord. O (part), 1999: Ord (part), 1996) Chapter RECREATION OPEN SPACE ZONE (ROS) Sections: Purpose Permitted uses Conditional uses Dimensional requirements Purpose. The purpose of the ROS zone is to accommodate park, open space and recreation facilities, including the existing golf course and appurtenant headquarters, pro shop, and maintenance structures, which are operated by the King City Civic Association. In addition, this zone may also be applied to protect and enhance natural resource areas, including but not limited to riparian areas, wetlands and the Tualatin River flood plain. The zone implements the comprehensive plan policies and regulations that are intended to create, maintain, and promote these activities. (Ord. O (part), 2002: Ord. O (part), 1999: Ord (part), 1996)

231 Permitted uses. A permitted use is a use, which is allowed outright, but is subject to all applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of Chapter Permitted uses in the ROS zone are: A. Community services that are only located within the urban growth boundary (UGB); and B. Parks and open space (habitable buildings shall only be permitted within the UGB). (Ord. O (part), 2002: Ord. O (part), 1999: Ord (part), 1996) Conditional uses. A conditional use is a use, which is subject to a discretionary decision by the planning commission. The approval criteria are set forth in Chapter If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter Conditional uses in the ROS district are: A. Utilities (located within the UGB); and B. Public safety facilities (located within the UGB); and C. Utility facilities necessary for public service (located outside the UGB). Sanitary sewer facilities may be established or extended only as permitted by OAR (Ord. O (part), 2002: Ord. O (part), 1999: Ord (part), 1996) Dimensional requirements. A. The dimensional requirements in the ROS district areas that are within the UGB are as follows: 1. The minimum lot area shall be five thousand square feet; 2. The minimum lot width shall be forty feet; 3. The minimum lot depth shall be eighty feet; 4. The minimum setback requirements shall be as follows: a. No front yard setback shall be required in this zone; b. No side yard setback shall be required, except when abutting a residential zone, a rear yard setback of twenty-five feet shall be required; 5. No building in this zone shall exceed a height of thirty feet; 6. The maximum height and size and minimum setbacks for accessory structures shall comply with the provisions of Chapter ; and 7. The maximum coverage of buildings and impervious surfaces shall not exceed seventy-five percent of the total lot area. (Ord. O (part), 2002: Ord. O (part), 1999: Ord (part), 1996) Article IV. Development Standards Chapter SOLAR BALANCE POINT STANDARDS Sections: Applicability Solar site plan required Maximum shade point height standard Exemption from the maximum shade point height standard Adjustments to the maximum shade point height standard Analysis of allowed shade on solar feature Solar balance point Review process Yard setback adjustment Applicability. This title applies to an application for a building permit for all structures in the SF, and R-9 zones and all single-family detached structures in any zone, except to the extent the approval authority finds the applicant has shown that one or more of the conditions listed in Sections or exists, and exemptions or adjustments provided for there are warranted. In addition, non-exempt vegeta-

232 tion planted on lots subject to the provisions of Section of the solar access standards for new development shall comply with the shade point height standards as provided in Sections and of this chapter. (Ord (part), 1996) Solar site plan required. An applicant for a building permit for a structure subject to the ordinance codified in this chapter shall submit a site plan that shows: A. The maximum shade point height allowed under Section ; B. If the maximum shade point height is adjusted pursuant to Section , the average elevation of the rear property line; C. The location of the shade point, its height relative to the average elevation of the front lot line or the elevation at the midpoint of the front lot line, and its orientation relative to true south; and, if applicable; D. The solar balance point for the structure as provided in Section (Ord (part), 1996) SRL N = shade reduction line (the distance between the shade point and the northern lot line, see Figure 6); and = the north-south lot dimension, provided that a north-south lot dimension more than ninety feet shall use a value of ninety feet for this section. 2. Provided, the maximum allowed height of the shade point may be increased one foot above the amount calculated using the formula or Table A for each foot that the average grade at the rear property line exceeds the average grade at the front property line Maximum shade point height standard. The height of the shade point shall comply with either subsection A or B of this section. A. Basic Requirement. 1. The height of the shade point shall be less than or equal to the height specified in Table A or computed using the following formula. The height of the shade point shall be measured from the shade point to either the average elevation at the front lot line or the elevation at the midpoint of the front lot line. If necessary interpolate between the five foot dimensions listed in Table A. Where: H H = (2 x SRL) - N = the maximum allowed height of the shade point ( see Figures 4 and 5);

233 TABLE A MAXIMUM PERMITTED SHADE POINT HEIGHT (In Feet) Distance to Shade Reduction Line from North-South Lot Dimension (In Feet) Northern Lot Line (In Feet) B. Performance Option. The proposed structure, or applicable non-exempt vegetation, will shade not more than twenty percent of the south-facing glazing of existing habitable structure(s), or, where applicable, the proposed structure or non-exempt vegetation comply with Sections (B) and (C) of the solar access standards for new development. If Section (B), is used, non-exempt trees and the shade point of structures shall be set back from the protected solar building line two and one-half feet for every one foot of height of the structure or of the mature height of non-exempt vegetation over two feet. (Ord (part), 1996) Exemption from the maximum shade point height standard. The manager shall exempt a proposed structure or non-exempt vegetation from Sections and of this chapter if the applicant shows that one or more of the conditions in this section exist, based on plot plans or plats, corner elevations or other topographical data, shadow patterns, suncharts or photographs, or other substantial evidence submitted by the applicant. A. Pre-existing Shade. The structure or applicable non-exempt vegetation will shade an area that is shaded by one or more of the following: 1. An existing or approved building or structure; 2. A topographic feature; or 3. A non-exempt tree that will remain after development of the site. It is assumed a tree must remain after development if it: is situated in a building setback required by local law; is part of a developed area or landscaping required by local law, a public park or landscape strip, or legally reserved open space; is in or separated from the developable remainder of a parcel by an undevelopable area or feature; or is on the applicant s property and not affected by the development. A duly executed covenant also can be used to preserve trees causing such shade. B. Slope. The site has an average slope that exceeds twenty percent in a direction greater than forty-

234 five degrees east or west of true south based on a topographic survey by a licensed professional land surveyor or USGS or other officially recognized topographic information. C. Insignificant Benefit. The proposed structure or non-exempt vegetation shades one or more of the following: 1. An undevelopable area; 2. The wall of an unheated space, such as a typical garage; 3. Less than twenty square feet of south-facing glazing; or 4. An undeveloped lot, other than a lot that was subject to the solar access standards for new development, where: a. There are at least four single-family detached or attached homes within two hundred fifty feet of the lot within the same subdivision or a phase of the subdivision; and b. A majority of the homes identified in subsection(4)(a) of this section have an average of less than twenty square feet of south-facing glazing. D. Public Improvement. The proposed structure is a publicly owned improvement. E. Small Lot Size. The lot is less than or equal to four thousand square feet for a single-family dwelling or eight thousand square feet for a duplex. (Ord. O (part), 2002; Ord (part), 1996) Adjustments to the maximum shade point height standard. The manager shall increase the maximum permitted height of the shade point determined using Section to the extent it finds the applicant has shown one or more of the following conditions exist, based on plot plans or plats, corner elevations or other topographical data, shadow patterns, suncharts or photographs, or other substantial evidence submitted by the applicant. A. Physical Conditions. Physical conditions preclude development of the site in a manner that complies with Section , due to such things as a lot size less than three thousand square feet, unstable or wet soils, or a drainage way, public or private easement, or right-of-way. B. Conflict between the Maximum Shade Point Height and Allowed Shade on the Solar Feature Standards. A proposed structure may be sited to meet the solar balance point standard described in Section or be sited as near to the solar balance point as allowed by Section , if: 1. When the proposed structure is sited to meet the maximum shade point height standard determined using Section , its solar feature must potentially be shaded as determined using Section ; and 2. The application includes a form provided for that purpose by the city that: a. Releases the applicant from complying with Section and agrees that the proposed structure may shade an area otherwise protected by Section b. Releases the city from liability for damages resulting from the adjustment; and c. Is signed by the owner(s) of the properties that would be shaded by the proposed structure more than allowed by the provisions of Section Before the city issues a permit for a proposed structure for which an adjustment has been granted pursuant to Section (B), the applicant shall file the form provided for in subsection (B)(2) of this section in the office of the county recorder with the deeds to the affected properties. (Ord (part), 1996) Analysis of allowed shade on solar feature. A. An applicant may, but is not required to, perform the calculations in or comply with the standards of Section B. Applicants are encouraged to design and site a proposed habitable structure so that the lowest height of any solar feature(s) must not be shaded by buildings or non-exempt trees on lot(s) to the south. The applicant should complete the following calculation procedure to determine if solar feature(s) of the proposed structure must be shaded. To start, the ap-

235 plicant should choose which of the following sources of shade originating from adjacent lot(s) to the south to use to calculate the maximum shade height at the north property line: 1. Existing structure(s) or non-exempt trees; or 2. The maximum shade that can be cast from future buildings or non-exempt trees, based on Table C. If the lot(s) to the south can be further divided, then the north-south dimension is assumed to be the minimum lot width required for a new lot in that zone. C. The height of the lowest point of any solar feature of the proposed structure is calculated with respect to either the average elevation or the elevation at the midpoint of the front lot line of the lot to the south. D. The applicant can determine the height of the shadow that may be cast upon the applicant s solar feature by the source of shade selected in subsection B by using the following formula or Table B. SFSH = SH - (SGL/2.5) Where: SFSH = the allowed shadow height on the solar feature (see Figure 8) SH = the height of the shade at the northern lot line of lot(s) to the south as determined in subsection B of this section SGL = the solar gain line (the distance from the solar feature to the northern lot line of adjacent lot(s) to the south, see Figure 7)

236 TABLE B MAXIMUM PERMITTED HEIGHT OF SHADOW AT SOLAR FEATURE (In Feet) Distance from Solar Gain Line to Lot Line (In Feet) Allowed Shade Height at Northern Lot Line of Adjacent Lot(s) to the South (In Feet) Table C may be used to determine (SH) in the above formula. North-South lot dimension of adjacent lot(s) to the south. Allowed shade at height at the north property line of adjacent lot(s) to south. TABLE C DETERMINING (SH) IN ABOVE FORMULA E. If the allowed shade height on the solar feature calculated in subsection D of this section is higher than the lowest height of the solar feature calculated in subsection C of this section, the applicant shall be encouraged to consider changes to the house design or location which would make it practical to locate the solar feature so that it must not be shaded in the future. (Ord (part), 1996) Solar balance point. If a structure does not comply with the maximum shade point height standard in Section and the allowed shade on a solar feature standard in Section , then the solar balance point of the lot shall be calculated (see Figure 8). The solar balance point is the location on the lot where a structure would be an equal distance between the loca-

237 tions required by the maximum shade point height standard and the allowed shade on a solar feature standard. (Ord (part), 1996) Review process. Compliance with Chapter shall be determined by the manager in conjunction with an application for a building permit. (Ord (part), 1996) Yard setback adjustment. The city shall grant an adjustment to the side, front and/or rear yard setback requirement(s) as indicated below if necessary to build a proposed structure so it complies with either the shade point height standard in Section , the allowed shade on a solar feature standard in Section , or the solar balance point standard in Section as provided herein (see Figure 8). This adjustment is not intended to encourage reductions in available solar access or unnecessary modification of setback requirements, and shall apply only if necessary for a structure to comply with the applicable provisions of this chapter. A. SF Zone. 1. A front yard setback may be reduced to not less than eight feet. 2. A rear yard setback may be reduced to not less than three feet. 3. A side yard setback may be reduced to not less than three feet. B. R-9 Zone. 1. A front yard setback may be reduced to not less than twelve feet. 2. A fifteen-foot setback to the garage vehicle entrance shall be maintained. 3. A rear yard setback may be reduced to not less than fifteen feet. 4. A side yard setback may be reduced to not less than three feet. 5. A street side yard setback may be reduced to not less than eight feet. (Ord (part), 1996) Chapter MANUFACTURED/MOBILE HOME REGULATIONS Sections: Purpose General provisions Manufactured/mobile homes subdivision standards Manufactured/mobile home park standards Manufactured homes on individual building lots Nonconforming mobile homes Purpose. The purpose of this chapter is to establish criteria for the placement of manufactured/mobile homes in mobile home subdivisions, mobile home park developments and manufactured homes on individual building lots within the city. (Ord (part), 1996) General provisions. A. Each mobile home placed in a mobile home park or subdivision shall meet the following standards and shall be inspected by the Building Official; and 1. A state insignia indicating compliance with Oregon state mobile home construction standards in effect at the time of manufacture and including compliance for reconstruction of equipment installation made after manufacture shall be displayed on each mobile home; 2. Each mobile home shall contain a water closet, lavatory, shower or tub, and a sink in a kitchen or other food preparation space; and 3. Each mobile home shall be installed under the provisions of the administrative rules adopted by the director of commerce and administered by the state building code division. B. Each manufactured/mobile home in a mobile home park or subdivision shall have a continuous perimeter skirting installed pursuant to state regula-

238 tions, which shall be of the same material and finish as the exterior of the mobile home; C. The wheels, tongue and traveling lights of each manufactured/mobile home in a mobile home park or subdivision shall be removed upon installation of unit; D. The maximum number of manufactured/mobile homes in the park or subdivision shall not exceed the number of dwelling units which would be allowed on a property given the zoning designation; and E. Each manufactured mobile home shall be maintained in good repair. (Ord (part), 1996) Manufactured/mobile homes subdivision standards. In addition to the standards of the zoning district in which the project is located and other standards of this title, a manufactured/mobile home subdivision shall: A. Comply with all applicable state standards and other city standards for the subdivision (See ); B. Satisfy all the standards of the applicable zoning district; and C. Be limited to manufactured/mobile home housing types. All other types of residential units shall not be permitted without further review and permit process. (Ord (part), 1996) Manufactured/mobile home park standards. A. The proposed manufactured/mobile home park shall be submitted to the city manager for review in accordance with Chapter , site plan review; B. The design for the manufactured/mobile home park shall conform to all applicable state standards established by the state of Oregon, Department of Commerce mobile home park standards and other city standards for site plan review (Chapter ). C. The proposed manufactured/mobile home park shall satisfy all the standards of the applicable zoning district. (Ord (part), 1996) Manufactured homes on individual building lots. A. The establishment, location, and use of manufactured homes on individual lots shall be permitted in the absence of covenants, conditions and restrictions in any zone permitting installation of a single-family dwelling unit. Manufactured homes shall be subject to requirements and limitations which apply generally to such residential uses in the district and shall meet the following requirements and limitations: 1. The manufactured home shall be multisectional and enclose a space of not less than one thousand square feet; 2. The manufactured home shall be placed on an excavated and backfilled foundation and enclosed at the perimeter such that the finished first floor of the manufactured home is located not more than twelve inches above exterior grade. 3. The manufactured home shall be securely anchored to the foundation system in accordance with the requirements of the state building codes agency for manufactured structures. 4. The manufactured home shall have a pitched roof with a slope minimum of three feet in height for each twelve feet in width. 5. The manufactured home shall have exterior siding and roofing which in material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the city as determined by the building official. This requirement shall not be interpreted to mean that the city is responsible for enforcing codes, covenants and restrictions of any homeowner s or other association. 6. The manufactured home shall have a garage to be constructed of materials matching those of the manufactured home. The use of an attached or detached garage may be determined by the city to be consistent with the predominant construction of immediately surrounding dwellings. The garage shall be in place on the property prior to occupancy of the manufactured home. 7. The manufactured home shall have an exterior thermal envelope in substantial compliance with

239 performance standards equivalent to the performance standards required of single-family dwellings constructed under the state building code as defined in ORS , as determined by the building official. (Ord (part), 1996) Nonconforming mobile homes. A. Mobile home parks existing at the adoption of the ordinance codified in this title not meeting the standards set forth in this title shall be considered nonconforming and are subject to the standards set forth in this title. B. When nonconforming mobile homes in such parks are moved or destroyed they shall be replaced with mobile or manufactured homes that meet the standards of this title. (Ord (part), 1996) Chapter LANDSCAPING AND BEAUTIFICATION Sections: Purpose Administration Submittal requirements General provisions for land development Yard trees Location of yard trees Cut and fill around existing trees Replacement of yard trees Exemptions Buffering and screening General provisions Buffering/screening requirements Setbacks for fences or walls Height restrictions Parking and loading areas Revegetation Purpose. The purpose of this chapter is to establish standards for landscaping, buffering and screening of land uses within the city in order to enhance the aesthetic and environmental quality of the city: A. By protecting existing vegetation and street trees; B. By promoting compatibility between land uses by reducing the visual, noise and lighting impacts; C. By using planting materials to define spaces and articulate the uses of specific areas; and D. By establishing and enhancing a pleasant visual character which recognizes safety issues. (Ord (part), 1996) Administration. A. When a land use application is subject to one or more of the chapters in Article V of this title, the standards in this chapter shall be applied as required by the applicable development review chapter(s) in Article V of this title. B. When the provisions of Article V of this title do not apply, the city manager shall review revisions to landscaping as an administrative decision in accordance with Article II of this title. (Ord (part), 1996) Submittal requirements. A. In addition to the application form and information required in Section , the applicant shall submit a site plan which includes: 1. Location of underground irrigation system sprinkler heads where applicable; 2. Location and height of fences, buffers and screenings; 3. Location of terraces, decks, shelters, recreational areas and common open spaces; 4. Location, type, size and species of existing and proposed plant materials with delineation of which trees and plant materials will be retained; and 5. A narrative which addresses: a. Soil conditions; b. Erosion control measures that will be used;

240 c. Methods to be employed by the owner or the owner s agents to provide above and below ground protection for existing trees and plant materials identified to remain; and d. The approval standards contained in this chapter. B. The manager may require information in addition to that required by this chapter when it is found that certain information is necessary to properly evaluate the application. C. The manager may waive a specific requirement for information when it is found that such information is not necessary to properly evaluate the application. (Ord (part), 1996) General provisions for land development. A. The standards set forth in the code are minimum standards for landscaping. B. Unless otherwise provided by a lease agreement, the owner, tenant and their agent, if any, shall be jointly responsible for the maintenance of all landscaping. Landscaping materials shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. C. All plant growth in landscaped areas of developments shall be controlled by pruning, trimming or otherwise so that: 1. It must not interfere with the maintenance or repair of any public utility; 2. It must not restrict pedestrian or vehicular access; and 3. It must not constitute a traffic hazard because of reduced visibility. D. The installation of all landscaping shall be as follows: 1. All landscaping shall be installed according to accepted planting procedures in accordance with the provisions of this title and generally following the provisions of Sunset New Western Garden Book, latest edition, Lane Publishing Company, Menlo Park, California. 2. The plant materials shall be of high grade and be healthy, disease free, well branched stock characteristic of the species; and 3. Any required landscaped area shall be designed, constructed, installed and maintained so that within three years the ground shall be covered by living grass or other plant materials. E. Certificates of occupancy shall not be issued unless the landscaping requirements have been met or other arrangements have been made and approved by the city such as the posting of a bond. F. Existing plant materials on a site shall be protected as much as possible: 1. The tree and plant materials to be saved shall be noted on the landscape plans; 2. The developer shall provide methods for the protection of existing trees and plant materials identified for preservation including use of chain link or other sturdy fence placed around the tree at the drip line; and 3. Neither topsoil storage nor construction material storage shall be located within the drip line of trees designated to be preserved. G. After completion of site grading, topsoil is to be restored to exposed cut and fill areas to provide a suitable base for seeding and planting. All planted areas shall be graded to provide positive grading. H. Appropriate methods for the care and maintenance of yard trees and landscaping materials shall be provided by the owner of the property abutting the rights-of-way unless otherwise required for emergency conditions and the safety of the general public. I. The review procedures and standards for required landscaping and screening shall be specified in the conditions of approval during development review and in no instance shall be less than that required for conventional development. J. No trees, shrubs, or plantings more than eighteen inches in height shall be planted in the public right-of-way abutting roadways having no established curb and gutter. K. Trees and plant materials to be used within the community shall conform with the following specifications:

241 1. Deciduous shade and ornamental trees shall be a minimum (one and one-half inches caliper measured six inches above ground, balled and burlapped. Bare root trees will be acceptable to plant during their dormant season. Trees shall conform to a characteristically shaped specimen. 2. Coniferous trees shall be a minimum five feet in height above ground, balled and burlapped. Trees shall be well branched and represent a characteristically shaped specimen. 3. Evergreen and deciduous shrubs shall be at least one to five gallon size. Shrubs shall be characteristically branched. The side of the shrub with the best foliage shall be oriented to public view. 4. Groundcover shall be fully rooted and shall be well branched or leafed. English Ivy (Hedera Helix) is considered a high maintenance material which is detrimental to other landscape materials and buildings and is therefore prohibited. 5. Lawns shall consist of grasses, including sod, or seeds of acceptable mix within the local landscaped industry. Lawns shall be one hundred percent coverage and weed free. L. Landscaped areas shall be provided with automatic irrigation systems or a readily available water supply with at least one outlet located within one hundred fifty feet of all plant materials to be maintained. (Ord (part), 1996) Yard trees. A. All development projects fronting on a public or private street approved after the adoption of this title shall be required to plant yard trees in accordance with the standards in this chapter. B. Certain trees can severely damage utilities, streets and sidewalks or can cause personal injury. Approval of any planting list shall be subject to review by the city manager. (Ord (part), 1996) Location of yard trees. A. Landscaping in the front and exterior side yard shall include trees with a minimum caliper of two inches at four feet in height as specified in the requirements stated in Section (B). B. The specific spacing of yard trees by size of tree shall be as follows: 1. Small or narrow stature trees (under twentyfive feet tall and less than sixteen feet wide branching) shall be spaced no greater than twenty feet apart; 2. Medium sized trees (twenty-five feet to forty feet tall, sixteen feet to thirty-five feet wide branching) shall be spaced no greater than thirty feet apart; 3. Large trees (over forty feet tall and more than thirty-five feet wide branching) shall be spaced no greater than forty feet apart; 4. Trees shall not be planted closer than twenty feet from a street intersection, nor closer than two feet from private driveways (measured at the back edge of the sidewalk), fire hydrants or utility poles in order to maintain visual clearance; 5. No new utility pole location shall be established closer than five feet to any existing street tree; 6. Tree pits shall be located so as not to include services (water and gas meters, etc.), in the tree well; 7. On-premises services (water and gas meters, etc.), shall not be installed within existing tree well areas; 8. Yard trees shall not be planted closer than twenty feet to a public light standard; 9. New light public standards shall not be positioned closer than twenty feet to existing yard trees except when public safety dictates, then they may be positioned no closer than ten feet; 10. Trees shall be planted at least two feet from the face of the curb; 11. Where there are overhead power lines, the yard tree species selected shall be of a type which, at full maturity, must not interfere with the lines; and 12. Trees shall not be planted within two feet of any permanent hard surface, paving or walkway and the: a. Space between the tree and the hard surface may be covered by a nonpermanent hard surface such as grates, bricks on sand, paver blocks and cobblestones; and b. Sidewalk cuts in concrete for tree planting shall be at least four by four feet to allow for air and water into the root area.

242 C. Trees, as they grow, shall be pruned to provide at least eight feet of clearance above sidewalks and thirteen feet above local street, fifteen feet above collector street, and eighteen feet above arterial street roadway surfaces. (Ord (part), 1996) Cut and fill around existing trees. A. Existing trees may be used as yard trees if no cutting or filling takes place within the drip line of the tree unless an exception is approved by the city manager. B. An exception must be approved if: 1. The ground within the drip line is altered merely for drainage purposes; and 2. A plan is submitted by a qualified arborist showing that the cut or fill will not damage the roots and will not cause the tree to die. (Ord (part), 1996) Replacement of yard trees. A. Existing yard trees removed by development projects or other construction shall be replaced by the developer with those types of trees approved by the city manager. B. The replacement trees shall be of a size and species similar to the trees that are being removed unless lesser sized alternatives are approved by the city manager. (Ord (part), 1996) Exemptions. A. Exemptions from the yard tree requirements may be granted by the city manager on a case-bycase basis. B. Exemptions shall be granted: 1. If the location of a proposed tree would cause potential problems with existing utility lines; 2. If the tree would cause visual clearance problems; or 3. If there is not adequate space in which to plant street trees. (Ord (part), 1996) Buffering and screening General provisions. A. It is the intent that these requirements shall provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution at a development site, without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles. B. Buffering and screening is required to reduce the impact of commercial development on adjacent residential uses and multi-family development on adjacent single-family use. The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening. (Ord (part), 1996) Buffering/screening requirements. A. A buffer consists of an area within a required interior setback adjacent to a property line containing a length equal to the length of the property line of the abutting use or uses. B. A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and landscaping. No building, accessways or parking areas shall be allowed in a buffer area accept where an accessway has been approved by the city. C. A buffer/screening area shall be provided between different types of land uses (for example, between single-family and multi-family residential, and between residential and commercial) on all portions of the lot abutting a lesser zone as follows: 1. A ten foot wide buffer area shall be landscaped on a commercial property abutting a residential use; and 2. A five foot wide buffer area shall be landscaped on a multi-family property abutting a singlefamily use; and 3. A ten foot wide buffer area shall be landscaped on a multi-family property abutting a commercial use. D. The minimum improvements within a buffer area shall consist of the following: 1. At least one row of trees shall be planted. They shall be not less than ten feet high for deciduous trees and five feet high for evergreen trees at the time of planting. Spacing for trees shall be as follows:

243 a. Small or narrow stature trees, under twentyfive feet tall or less than sixteen feet wide at maturity shall be spaced no further than fifteen feet apart; b. Medium size trees between twenty-five feet to forty feet tall and with sixteen feet to thirty-five feet wide branching at maturity shall be spaced no greater than thirty feet apart. c. Large trees, over forty feet tall and with more than thirty-five feet wide branching at maturity, shall be spaced no greater than thirty feet apart. 2. In addition, at least ten five gallon shrubs or twenty-one gallon shrubs shall be planted for each one thousand square feet of required buffer area. 3. The remaining area shall be planted in living grass or other plant materials. A maximum of twentyfive percent of the landscaped area may be covered with mulch such as bark chips, rock, stone walkways or other similar permeable materials acceptable to the city manager, but non-permeable materials such as visqueen may not be used. Areas covered by bark chips, rock or other similar materials shall not be underlain with nonpermeable materials such as plastic sheeting. E. Where screening is required the following standards shall apply in addition to those required for buffering: 1. A hedge of narrow or broadleaf evergreen shrubs shall be planted which will form a four foot tall continuous screen within two years of planning, or; 2. An earthen berm planted with evergreen plant materials shall be provided which must form a continuous screen six feet in height within two years. The unplanted portion of the berm shall be planted in living grass or other plant materials, or; 3. A five foot or taller fence or wall shall be constructed to provide a continuous sight obscuring screen. F. Buffering and screening provisions shall be superseded by the vision clearance requirements as set forth in Section (C). G. When the use to be screened is downhill from the adjoining zone or use, the prescribed heights of required fences, walls, or landscape screening shall be measured from the actual grade of the adjoining property. H. Fences and Walls. 1. Fences and walls shall be constructed of any materials commonly used in the construction of fences and walls such as wood or brick, or otherwise acceptable by the city manager; 2. Such fence or wall construction shall be in compliance with Section of this code; and 3. Chain link fences with slats shall qualify for screening. However, chain link fences without slats shall require the planting of a continuous evergreen hedge to be considered screening. I. Hedges. 1. An evergreen hedge or other dense evergreen landscaping may satisfy a requirement for a sight obscuring fence where required subject to the height requirement in Section Such hedge or other dense landscaping shall be properly maintained and shall be replaced with another hedge, other dense evergreen landscaping, or a fence or wall when it ceases to serve the purpose of obscuring view; and 3. No hedge shall be grown or maintained at a height greater than that permitted by these regulations for a fence or wall in a vision clearance area as set forth in Section (C). (Ord (part), 1996) Setbacks for fences or walls. A. No fence or wall shall be constructed which exceeds the standards in Section (B) except when the approval authority, as a condition of approval, allows that a fence or wall be constructed to a height greater than otherwise permitted in order to mitigate against potential adverse effects. B. Fences or Walls: 1. May not exceed two feet in height in a required front yard or side yard forward of the front yard setback line; 2. Are permitted outright in side yards behind the front yard setback or rear yards to a height of six feet; and

244 3. Located on corner lots must preserve a visual clearance area in conformance with Section of this code. (Ord (part), 1996) Height restrictions. A. The prescribed heights of required fences, walls or landscaping shall be measured from the actual adjoining level of finished grade, not above a retaining wall. B. An earthen berm and fence or wall combination shall not exceed the six foot height limitation for screening. (Ord (part), 1996) Parking and loading areas. A. Screening of parking and loading areas in the limited commercial zone. The specifications for this screening are as follows: 1. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls and raised planters; 2. Landscape planters may be used to define or screen the appearance of off-street parking areas from the public right-of-way; 3. Materials to be installed should achieve a balance between low lying and vertical shrubbery and trees; 4. Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed and on the basis of one tree for each seven parking spaces in order to provide a canopy effect; and 5. The minimum dimension of the landscape islands shall be twenty-five feet and have minimum width of forty-eight inches measured from back to curb, and shall be designed so as to prevent vehicular damage to trees. Landscaping shall be protected from vehicular damage by some form of wheel guard or curb. B. Criteria for trees and parking areas. Deciduous shade trees shall meet the following criteria: 1. Reach a mature height of thirty feet or more; 2. Cast moderate to dense shade in the summer; 3. Be long lived, i.e., over sixty years; 4. Do well in an urban environment by being: a. Pollution tolerant; and b. Tolerant of direct and reflected heat. 5. Require little maintenance: a. Mechanical strong; b. Insect and disease resistant; and c. Require little pruning. 6. Be resistant to drought conditions; 7. Be barren of fruit production. (Ord (part), 1996) Revegetation. A. Where natural vegetation has been removed through grading in areas not affected by the landscaping requirements and that are not be occupied by structures, such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed. B. Topsoil removed from the surface in preparation for grading and construction is to be stored on or near the site and protected from erosion while grading operations are underway. 1. Such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved; and 2. After completion of such grading, the topsoil is to be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting. C. Methods of Revegetation. 1. Acceptable methods of revegetation include hydromulching or the planting of rye grass, barley or other seed with equivalent germination rates, and: a. Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscape cover is to be sown at not less than four pounds to each one thousand square feet of land area; b. Other revegetation methods offering equivalent protection may be approved by the approval authority; c. Plant materials are to be watered at intervals sufficient to ensure survival and growth; and d. The use of native plant materials is encouraged to reduce irrigation and maintenance demands. (Ord (part), 1996)

245 Chapter TREE REMOVAL Sections: Purpose Applicability of provisions Administration Submittal requirements Approval criteria Illegal tree removal Revocation of permit Notice of decision Penalties Purpose. The purpose of this chapter is to prohibit the unnecessary removal of trees in the city. At the time of development, it is recognized that the removal of some trees may be necessary to accommodate land uses and associated improvements as allowed by this title. (Ord (part), 1996) Applicability of provisions. A. The provisions of this chapter shall apply to the cutting of trees with a caliper of six inches or greater, except for the circumstances noted in Section (B). B. The following activities do not require a tree removal permit under the provisions of this chapter. 1. The action of any city officer or employee or of any public utility necessary to remove or alleviate an immediate danger to life or property, to restore or protect utility service, or to reopen a public thoroughfare to traffic. 2. The cutting or removal of trees that are nuisances under Section of this code. 3. Cutting or removing of trees that are interfering with sewer service. 4. Cutting or removing of trees that obstruct the view at an intersection contrary to requirements contained in Section of this code. 5. The cutting of not more than two trees on a single parcel of land or contiguous parcels of property under the same ownership within a single calendar year, unless the tree(s) is necessary to comply with a provision of development approval or compliance with provisions of Chapter Commercial timber land subject to the Forest Practices Act. (Ord (part), 1996) Administration. A. When a land use application is subject to one or more of the chapters in Article V of this title, the standards in this chapter shall be applied as required by the applicable development review chapter(s) in Article V of this title. B. When the provisions of Article V of this title do not apply, the city manager shall review tree removal applications as an administrative decision in accordance with Article II, of this title. (Ord (part), 1996) Submittal requirements. A. In addition to the application form and information required in Section , the applicant shall prepare a map of the parcel indicating the number, size and species or other description of the trees proposed for removal and their location. The map shall be accompanied by a narrative which explains: 1. The reason or reasons why the owner or owner s agent wishes to cut or remove the trees; 2. The method of cutting or removal to be employed; and 3. A description of any proposed landscaping or planting of new trees to replace the trees to be cut. The map shall include sufficient information to adequately review the proposed tree removal including an indication of the tree removal relative to property lines, structures, other trees on the site, and other features of the property and adjoining properties. B. The manager may require information in addition to that required by this chapter when it is found that certain information is necessary to properly evaluate the application. C. The manager may waive a specific requirement for information when it is found that such information is not necessary to properly evaluate the application. (Ord (part), 1996)

246 Approval criteria. A. A permit may be issued as requested in the application, it may be issued in part and denied in part, or may be issued subject to compliance by the applicant with reasonable conditions to be imposed in order to promote the purposes of this chapter. A permit shall state the period of time for which it is valid. A permit issued for the reason that an improvement is to be constructed upon the premises shall contain a provision that the permit is not valid until a building permit has been issued for the construction of the improvement. The burden is on the applicant to show that granting of a permit would be consistent with the stated purposes of this chapter. B. The following criteria shall be considered: 1. The condition of the trees with respect to disease, danger of falling, proximity to existing or proposed structures and interference with utility services or pedestrian or vehicular traffic safety. 2. The necessity to remove trees in order to construct proposed improvements, or to otherwise utilize the applicant s property in a reasonable manner. 3. The topography of the land and the effect of tree removal on erosion, soil retention, stability of earth, flow of surface waters, protection of nearby trees and wind breaks. 4. The number and density of trees existing in the neighborhood, the character and property uses in the neighborhood, and the effect of tree removal upon neighborhood characteristics, beauty and property values. 5. The tree(s) is necessary to comply with conditions of development approval or compliance with provisions of Chapter The adequacy of the applicant s proposals, if any, to plant new trees or vegetation as a substitute for the trees to be cut. (Ord (part), 1996) Illegal tree removal. The city retains the authority to require the applicant to replace any illegally removed trees pursuant to a plan, and meet any conditions as set forth by the city manager. No future permits or approvals for any use of the subject property shall be granted without compliance with the plan. Appeal of the replacement plan and its conditions shall be directed to the planning commission. (Ord (part), 1996) Revocation of permit. The city manager may revoke a tree removal permit if the conditions are not satisfied as required by the original permit. (Ord (part), 1996) Notice of decision. A notice of decision shall be provided to the applicant. The manager s decision may be appealed by the applicant as provided in Article II. (Ord (part), 1996) Penalties. Violation of any provision or requirement of this chapter shall be enforced as provided in Chapter (Ord (part), 1996) Chapter PARKING AND LOADING Sections: Purpose General provisions Minimum off-street parking requirements Parking dimensional standards Parking design standards Minimum bicycle parking requirements Bicycle parking design standards Loading area standards Purpose. The purpose of these regulations is to establish parking areas having adequate capacity and which are appropriately located and designed to accommodate the majority of traffic generated by the range of uses which may locate on a site over time. The re-

247 quired parking numbers correspond to broad use categories, not specific uses, in response to this long term emphasis. (Ord (part), 1996) General provisions. A. Applicability. The provisions of this chapter shall apply to all development regulated by this title and to any change of use or expansion which increases the on-site parking or loading requirements. B. Landscaping. All required parking areas must be completed and landscaped prior to occupancy of any structure except as provided in Chapter C. Availability. Required parking spaces must be available for the use of residents, customers or employees of the use. Required parking spaces may not be assigned in any way to a use on another site, except for shared parking situations. Required parking spaces may not be used for the parking of equipment or storage of goods or inoperable vehicles. D. Location. Required parking spaces for residential uses must be located on the site of the use. Required parking spaces for nonresidential uses must be located on the site of the use or in parking areas whose closest point is within three hundred feet of the site. E. Shared Parking. Shared parking between two or more nonresidential uses is permitted when all the following criteria are satisfied: 1. The hours of operation of the uses do not overlap; 2. Satisfactory legal evidence is presented to the city manager in the form of deeds, leases or contracts to establish the shared use; 3. The other standards of this title can be met; and 4. If a joint use arrangement is subsequently terminated, the requirements of this title shall then apply separately to each use. F. Change in Use. 1. When an existing structure is changed in use from one use to another use as listed in Section , and the parking requirements for each use are the same, no additional parking shall be required. 2. Where a change in use results in an intensification of use in terms of the number of parking spaces required, additional parking spaces shall be provided in an amount equal to the difference between the number of spaces required for the existing use and the number of spaces required for the new, more intensive use. G. D.E.Q. Permit. All parking areas which are designed to contain two hundred fifty or more parking spaces or to contain two or more levels, shall obtain a Department of Environmental Quality (D.E.Q.) indirect source construction permit and shall install oil and grease separators. H. Calculation of Required Parking. 1. Where building square footage is specified, the area measured shall be the gross floor area within the exterior walls of the structure, excluding only space devoted to covered off-street parking or loading. 2. Where several uses occupy a single structure or parcel of land or a combination of uses are included in one business, the total off-street parking spaces and loading area shall be the sum of the separately computed requirements for each use. 3. When a building is planned or constructed in such a manner that a variety of uses is possible and a choice of parking requirements could be made, the use(s) which requires the greater number of parking spaces shall govern. I. Parking Space Markings. 1. Except for single-family and two-family residences, any parking spaces that are intended to be used to meet the off-street parking requirements contained in this chapter shall have all parking spaces clearly marked using a permanent paint; and 2. All interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. J. Employee Parking. Employee parking shall be designated for commercial developments. The employee spaces should be located in a manner that provides preferential treatment to business patrons. K. Short Term Parking Spaces. When deemed appropriate by the approval authority, short-term parking spaces shall be provided that enhance convenience and accessibility of the business for patrons.

248 Said spaces shall be identified with signs and time limits. (Ord (part), 1996)

249 Minimum off-street parking requirements. Minimum Off-Street Parking Requirements Use Categories Specific Uses Minimum Required Parking A. Residential Categories 1. Single-Family Single-Family 1 space per unit Attached/Detached Manufactured Home Mobile Home Duplex Residential Care 2. Multi-Family/Group Living Multi-Family Studio/1 Bedroom 1 space per unit Multi-Family 1 space per unit 2 or more Bedrooms B. Commercial Categories 1. Retail Sales and Service Retail, Personal Service, Repair 1 space per 500 sq. ft. of floor area Retail, Repair Large Merchandise such as Home Appliances, Furniture Restaurants, Health clubs, Meeting rooms 1 space per 1,000 sq. ft. of floor area 1 space per 250 sq. ft. of floor area Motel 1 space per room, plus 1 per 2 employees Theater 1 space per 4 seats or 1 per 6 feet of bench 2. Office Professional Government 1 space per 400 sq. ft. of floor area Medical, Dental 1 space per 250 sq. ft. of floor area 3. Automotive Vehicle Repair 1 space per 750 sq. ft. of floor area Quick Vehicle Service, Car 1 space per 500 sq. ft. of floor Wash area C. Institutional Categories 1. Public Safety Facilities 1 space per 500 sq. ft. of floor area 2. Community Parks and Open Space Meeting Recreation Halls, Recreation Buildings Per site Plan or Conditional Use Review 3. Schools Grades K-9 1 space per classroom Grades spaces per classroom

250 Minimum Off-Street Parking Requirements Use Categories Specific Uses Minimum Required Parking 4. Religious Assembly 1 space per 100 sq. ft. of main assembly area 5. Utilities Number determined as part of Conditional Use Review (Ord. O (part), 2003; Ord (part), 1996) Parking dimensional standards. A. Table of Standards. 1. Minimum standards for a standard parking stall s length and width, aisle width, and maneuvering space shall be determined from the following table. Dimensions for designated compact spaces are noted in parenthesis: Angle from Curb Parallel A B C D Stall Width Channel Width Aisle Width Curb Length per Stall (8 6 ) (8 6 ) (12 0 ) (20 0 ) (8 6 ) (14 10 ) (12 0 ) (17 0 ) (8 6 ) (16 7 ) (14 0 ) (12 0 ) (8 6 ) (17 3 ) (18 0 ) (10 3 ) (8 6 ) (15 0 ) (24 0 ) (8 6 ) 2. Sample Illustration.

251 3. The width of each parking space includes a four inch wide stripe which separates each space. B. Aisle Width. 1. Aisles accommodating two direction traffic, or allowing access from both ends shall be twentyfour feet in width. C. Angle Parking. 1. Angle parking is permitted; provided, that each space contains a rectangle of not less than nine feet in width and eighteen feet in length or eight and one-half feet in width and fifteen feet in length for compact spaces, and an appropriate aisle width as determined by interpolation of the table in Section (B). D. Compact Parking. The compact parking spaces described in this title shall not be used to satisfy no more than fifty percent of the total required number of parking spaces. (Ord (part), 1996) Parking design standards. A. Parking for Handicapped. All parking lots in conjunction with government and public buildings, as defined by Chapter 31 of the uniform building code, are to include parking for the handicapped as set forth below. These spaces may be included to satisfy the total number of parking spaces required. 1. One space for the first fifty spaces or fraction thereof; and one additional space for each additional fifty spaces or fraction thereof. 2. Parking lot and parking spaces shall conform to the requirements of Chapter 31 of the uniform building code. 3. Spaces shall be located nearest to the main pedestrian access point from the parking area to building or use serviced by the parking, and are to be designed so persons using wheelchairs or assisted walking are not compelled to pass behind parked vehicles. 4. Parking for the handicapped shall be identified in accordance with the international symbol of accessibility for the handicapped. B. Lighting. Any lights provided to illuminate public or private parking areas or vehicle sales areas shall be arranged to reflect the light away from any neighboring residential district. C. Pavement. All parking spaces and access drives shall be paved to specifications approved by the city manager. D. Drainage. 1. Off-street parking and loading areas shall be drained in accordance with specifications approved by the city manager to ensure that ponding of storm water does not occur. 2. Except for single-family and two-family residences, off-street parking and loading facilities shall be drained to avoid flow of water across public sidewalks and streets. E. Wheel Stops. 1. Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop that is at least four inches high located three feet back from the front of the parking space. 2. The front three feet of the parking stall may be concrete, asphalt or low lying landscape material that does not exceed the height of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. F. Maintenance of Parking Areas. All parking lots shall be kept clean and in good repair at all times. Breaks in paved surfaces shall be repaired promptly and broken or splintered wheel stops shall be replaced so that their function will not be impaired. (Ord (part), 1996)

252 Minimum bicycle parking requirements. Minimum Bicycle Parking Requirements Use Categories Specific Uses Minimum Required Bicycle Parking A. Residential Categories 1. Single-Family Facilities Single-Family Attached/Detached Manufactured Home Mobile Home Duplex Residential Care 2. Multi-Family Group Multi-Family 1 space per unit Living Studio/1 Bedroom Multi-Family 2 or 1 space per unit more Bedrooms B. Commercial Categories 1. Retail Sales and Service Retail, Personal Service, Repair 1 space per 4,000 sq. ft. or 2 minimum Retail, Repair Large merchandise such as home appliances, furniture Restaurants, Health Clubs, Meeting Rooms 1 space per 6,000 sq. ft. or 2 minimum 1 space per 5,000 sq. ft. or 6 minimum Motel 1 space per 5 rooms, or 2 minimum Theater 1 space per 5 rooms, or 2 minimum 2. Office Professional Government 1 space per 4,000 sq. ft. or 2 minimum Medical, Dental 1 space per 5,000 sq. ft. or 2 minimum 3. Automotive Service Stations, Vehicle 1 space per 6,000 sq. ft. or 2 Repair minimum Quick Vehicle Service, Car 1 space per 6,000 sq. ft. or 2 Wash minimum C. Institutional Categories 1. Utilities Transit Station/ 10 spaces per acre, or 6 Park and Ride minimum* Other use Types Number determined as part of conditional use 2. Public Safety Facilities Number determined as part of conditional use

253 Minimum Bicycle Parking Requirements Use Categories Specific Uses Minimum Required Bicycle Parking 3. Community Recreation Parks Per site plan or conditional use Meeting Halls, Recreation Buildings review 4. Schools Grades K-9 6 spaces per classroom Grades 9-12 Studio/1 Bedroom 4 spaces per 40 seats in main assembly area, or 4 minimum 5. Religious Assembly 1 space per 40 seats in main assembly area, or 4 minimum * All spaces shall be covered and fifty percent of the spaces shall be lockable enclosures. (Ord (part), 1996) Bicycle parking design standards. A. Parking Facility Design. 1. Bicycle parking facilities shall either be lockable enclosures in which the bicycle is stored, or secure stationary rack which support the frame so the bicycle cannot easily be pushed or fall to one side. Racks that require a user-supplied lock shall accommodate locking the frame and both wheels using either a cable or U-shaped lock. 2. Bicycle parking spaces shall be at least six feet long and two and one-half feet wide, and overhead clearance in covered spaces shall be a minimum of seven feet. 3. A five foot aisle for bicycle maneuvering shall be provided and maintained beside or between each row of bicycle parking. 4. Bicycle racks or lockers shall be securely anchored. 5. Required bicycle parking shall be located in a well lighted, secure location within fifty feet of an entrance to the building, but not farther from the entrance of the building than the closest standard or compact vehicle parking space. 6. Bicycle parking shall not obstruct walkways. A minimum five foot wide aisle shall remain clear. 7. If ten or more bicycle spaces are required for commercial development, then at least fifty percent of the bicycle spaces must be covered. A lockable enclosure shall be considered as a covered parking space. 8. All of the required bicycle parking for residential uses shall be covered. This may include space provided in a carport or garage. B. Locational Standards for Bicycle Parking. 1. All required bicycle parking shall be located on the site within fifty feet of main building entrances and not farther from the entrance than the closest standard or compact motor vehicle parking space. Bicycle parking shall have direct access to both the public right-of-way and to the main entrance of the principal use. 2. For buildings or development with multiple entrances, required short term bicycle parking shall be distributed proportionally at the various public entrances. Required long-term public parking shall also be distributed at the various public entrances, while employee parking shall be located at the employee entrance, if appropriate. 3. Bicycle parking may be located in the public right-of-way with the approval of the city manager. 4. Bicycle parking may be provided within a building, but the location must be easily accessible for bicyclists. (Ord (part), 1996) Loading area standards. A. Off-Street Loading Dimensions.

254 1. The design, entrances, exits, and location of each loading berth or area shall be approved by the city manager. 2. Each loading space shall have sufficient area for turning and maneuvering of vehicles on the site, and at a minimum, the maneuvering length shall not be less than twice the overall length of the longest vehicle using the loading space. 3. Landscaping for off-street loading facilities is required and shall comply with Chapter B. Loading/Unloading Driveways Required On- Site. A driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading passengers shall be located on the site of any school, community center or other meeting place which is designed to accommodate more than twenty-five people at one time. C. Off-Street Loading Spaces. Buildings or structures to be built or altered which receive and distribute material or merchandise by truck shall provide and maintain off-street loading and maneuvering space as follows: 1. Every commercial use having floor area of ten thousand square feet or more, shall have at least one off-street loading space on the site; 2. One additional off-street loading space shall be provided for each additional twenty thousand square feet or fraction thereof; and 3. Loading spaces and areas shall be located in a manner that does not conflict with customer and pedestrian traffic on the site. (Ord (part), 1996) Chapter CIRCULATION AND ACCESS Reservoir areas required for drive-in use Access restrictions Surfacing requirements Purpose. The purpose of this chapter is to establish standards for safe and efficient vehicle, bicycle and pedestrian access and circulation on a site and between developments. (Ord (part), 1996) General provisions. A. Applicability. The provisions of this chapter shall apply to all development regulated by this title and to any change of use or expansion which modifies the circulation and access requirements of this chapter. B. Availability of Improvements. All required circulation and access improvements must be available for use prior to occupancy of any structure. C. Joint Access. Owners of two or more uses, structures, or parcels of land may agree to utilize a common driveway access when the combined uses comply with the following requirements: 1. Satisfactory legal evidence is presented to the city manager in the form of deeds, easements, leases or contracts to establish the joint use; 2. Copies of the deeds, easements, leases or contracts are placed on permanent record with the city; and 3. The common driveway and related combination of uses comply with the standards in this chapter. D. Each parking or loading space shall be accessible from a street and the access shall be of a width and location as described in this title. (Ord (part), 1996) Sections: Purpose General provisions Access standards Residential Access standards Nonresidential Design standards.

255 Access standards Residential. A. Vehicular access and egress for single-family, duplex, or attached single-family dwelling units on individual lots shall not be less than the following: Number Dwelling Unit/Lots Minimum Number of Driveways Minimum Property or Easement Width Minimum Pavement Width ft. 10 ft ft. 10 ft. or 1 25 ft. 20 ft ft. 24 ft. With curbs on both sides and walkway on one side. B. Vehicular access and egress for multiple-family residential uses shall not be less than the following: Dwelling Units Minimum Number of Driveways Minimum Property or Easement Width Minimum Pavement, Sidewalks, etc ft. 10 ft ft. 24 ft. if two-way or one-way 20 ft. 15 ft. if one-way Curbs on both sides and 5 walkway on one side ft. 24 ft. if two-way or 2 30 ft. 15 ft. if one-way Curbs on both sides and 5 walkway on one side ft. 24 ft. Curbs on both sides and 5 walkway on one side for each one 24 ft. drive 100 spaces additional Curbs on both sides access and 5 walkway on one side.

256 C. A public street right-of-way and improvement shall be required when more than six separate lots are served by a street or access drive. D. Private residential access drives shall be provided and maintained in accordance with the applicable provisions of the uniform fire code. E. Access drives in excess of one hundred fifty feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: 1. A level, circular, paved surface having a minimum turn radius measured from center point to outside edge of forty-five feet. 2. A level, hammerhead-configured, paved surface with each leg of the hammerhead having a minimum depth of forty feet and a minimum width of twenty feet. (Ord (part), 1996) Access standards Nonresidential. A. Vehicle access, egress and circulation for nonresidential use shall not be less than the following: Required Parking Spaces Minimum Number of Driveways Minimum Property or Easement Width ft ft ft. or Minimum Pavement 24 ft. Curbs on both sides and 5 walkway on one side. 24 ft. Curbs on both sides and 5 walkway on one side. 40 ft. Curbs on both sides and 5 walkway on one side. (Ord (part), 1996) Design standards. A. Access Drives. 1. Access drives from the street to off-street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site. 2. Parking spaces on major access driveways shall be designed to reduce or eliminate backing movements and other conflicts with the driveway traffic. 3. In order to slow traffic speeds on access drives, speed bumps, speed limit signs and similar techniques may be required by the approval authority to enhance safety for pedestrians, bicyclists and motorists on the site. 4. In order to improve traffic flow, the approval authority may require directional signs on the site to guide pedestrians, bicyclists or motorists. B. One-Way Vehicular Access. 1. Where a proposed parking facility is served by one-way traffic flow on the site, it shall be accommodated by a driveway system approved by the

257 city, and the entrance drive shall be situated closest to oncoming traffic and the exit drive shall be situated farthest from oncoming traffic. 2. The direction of traffic flow shall be clearly marked for motorists on the property and the adjoining public street. C. On-Site Bicycle and Pedestrian Circulation. 1. Walkways and driveways shall provide a direct connection to existing and planned walkways and driveways on adjacent developments. 2. Sidewalks and walkways must connect the pedestrian circulation system to other areas of the site such as buildings, vehicle and bicycle parking, children s play areas, required outdoor areas and any pedestrian amenities, such as open space, plazas resting areas and viewpoints. The pedestrian system must connect the site to adjacent streets and nearby transit stops. 3. Walkways shall be located so that pedestrians have a short distance to walk between a transit stop or public sidewalk and building entrances. 4. Pedestrian and bicycle connections shall be direct and circuitous routes shall be avoided. 5. Where pedestrian or bicycle routes cross driveways, parking area or loading areas, the connection must be clearly identifiable through the use of striping, elevation changes, speed bumps, a different paving material or other similar method. 6. Where pedestrian or bicycle routes are parallel and adjacent to an auto travel lane, the connection must be safely separated from the auto travel lane through the use of raised path, a raised curb, bollards, landscaping or other physical barrier. (Ord (part), 1996) Reservoir areas required for drivein use. A. All uses providing drive-in services as defined by this title shall provide on the same site a reservoir for inbound vehicles as follows: Use Drive-in banks Drive-in restaurants Gasoline service stations Mechanical car washes Parking facilities: Free Flow entry Ticket dispense entry Manual ticket dispensing Attendant parking Reservoir Requirement 5 spaces/service terminal 10 spaces/service window 3 spaces/pump 3 spaces/washing unit 1 space/entry driveway 2 spaces/entry driveway 8 spaces/entry driveway 10% of that portion of parking capacity served by the driveway B. A parking reservoir space shall be eighteen feet in length and eight feet in width. (Ord (part), 1996) Access restrictions. A. Excluding single-family and duplex residences, groups of more than two parking spaces and all loading areas shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way is required. B. In order to provide for increased traffic movement on congested streets and eliminate turning movement problems, the city may restrict the location of driveways on the street and require the location of driveways to be placed on adjacent streets when all of the following criteria apply:

258 1. The driveway would cause or increase existing hazardous traffic conditions; 2. The driveway would not provide adequate access for emergency vehicles; 3. The alternative driveway location would provide a safer method of access and egress to the site; and 4. The alternative driveway location would not create an adverse traffic impact for properties in the immediate vicinity of the site. (Ord (part), 1996) Surfacing requirements. All driveways shall be paved and designed in a manner approved by the city manager. (Ord (part), 1996) Chapter FLOODPLAIN AND DRAINAGE HAZARD AREAS* Sections: Purpose Applicability of provisions Administration Basis for identifying lands subject to floodplain and drainage hazard area standards Submittal requirements Development standards for floodplain and drainage hazard area applications Supplemental criteria for dwellings Supplemental criteria for manufactured dwellings, manufactured dwelling parks and subdivisions Supplemental criteria for recreational vehicles Supplemental criteria for nondwelling structures Supplemental criteria for utilities Supplemental criteria for piping, culverts and man-made creek beds Criteria for multi-family, institutional and commercial development parking General requirements and prohibitions Duties of the city Floodplain definitions. * Prior ordinance history: Ords and O Purpose. The regulations of this chapter are intended to implement the comprehensive plan and the Federal Emergency Management Agency s (FEMA) flood insurance program and to minimize flood damage to property. (Ord. O (part), 2005) Applicability of provisions. Floodplain and drainage hazard area review shall be applicable to all new development and modifications of existing development as provided in this chapter. A. Unless specifically prohibited by this title, or the Clean Water Services (CWS) Design and Construction Standards for Sanitary Sewer and Surface Water Management or its successor, the following are not required to obtain a development permit for a floodplain or drainage hazard area alteration: 1. Uses and Activities Allowed in All Floodplain and Drainageway Locations. a. Farming or raising of livestock not utilizing a structure; b. Propagation or harvesting of timber for personal consumption, provided that the use of a caterpillar tractor, yarder, backhoe, grader or similar heavy mechanized equipment is prohibited, except that such equipment may be used where local laws are superseded by the Forest Practice Act and Oregon Administrative Rules;

259 c. A wire boundary fence designed to impede as little as practicable the movement of water or water borne materials; d. Accessory residential or institutional uses such as lawns, gardens and play areas, provided that no structure is permitted; e. Recreational and accessory recreational uses such as parks or game fields, provided that no grading or structures are permitted; f. Maintenance, preservation or repair of public or private streets and other public transportation facilities, including culverts and piping, accessory drainage structures and necessary accessory structures that do not constitute development as defined by the Federal Emergency Management Agency. Work shall comply with local, state and federal regulatory requirements; g. An emergency measure necessary for immediate safety of persons or protection of property, such as riprap for erosion control, provided however, that an application for a development permit shall be promptly filed if the measure otherwise would require such a permit but for the emergency; h. Line borings for installation of utilities when certified by a registered civil engineer: that the line is located at least thirty-six inches below ground surface in floodways, floodplains and drainage hazard areas; that the land disturbance will not alter flood storage capacity or water velocities; that all surface construction will take place outside the delineated floodplain or drainage hazard area; and that all spoils will be removed from the flood area and placed in an appropriate disposal site. 2. Uses and Activities Allowed Only Within the Urban Growth Boundary. a. A recreational vehicle, which is allowed by the provisions of this title; b. A nonconforming recreational vehicle may be replaced, provided there is compliance with the standards of this title. B. Uses and Activities Permitted Through a City Manager Review. Unless specifically prohibited in this title or the Clean Water Services Design and Construction Standards for Sanitary Sewer and Surface Water Management or its successor, a development permit may be approved in a flood or drainage hazard area according to a city manager review procedure for the following: 1. Uses and Activities Allowed in All Floodplain and Drainageway Locations. a. Recreation or nature trails and removal of vegetation down to duff or bare soil provided the applicant obtains a permit for erosion control; b. Lot line adjustments; c. Wildlife viewing areas, including interpretive signs and off-street parking, which require no grading, and viewing platforms or structures, provided that all viewing platforms or structures: i. Are elevated by pilings, ii. Have the lowest floor at least one foot above the base flood elevation, and iii. A building permit is obtained for the proposed platform or structure; d. Maintenance, preservation and repair of local public streets and private streets except as provided for by subsection (A)(1)(f) of this section, including paving and grading of existing road surfaces, and grading and shaping of roadside ditches; e. Above ground electrical, communication, and signal transmission and distribution lines on a single-pole system. For the purposes of this section, a single-pole system is defined as above ground electrical, communication or signal lines and their supporting concrete, and wood or metal poles, excluding self-supporting steel lattice-type structures; f. Restoration and stabilization of the bank of a river or other watercourse or body of water for erosion control provided: i. The application includes a registered civil engineer s certification that: (A) The project is in response to a demonstrated bank failure that resulted from a specific flood event or which has occurred within the last two years, (B) The project only restores and stabilizes the bank to its original location before the demonstrated bank failure, (C) The length of the bank involved does not exceed two hundred fifty feet, and

260 (D) If riprap is used, it will be keyed in to the bed and bank of the body of water as specified in OAR ii. Whether or not riprap is used, the length of bank within the project boundary, from the ordinary high water level to the top of the bank, shall be planted with vegetation that grows roots to stabilize the bank. Plant species used shall be those in the 1987 or most current list entitled Shrubs, Trees and Aquatic Plants for Wildlife Plantings prepared by the Oregon Department of Fish and Wildlife. The plantings shall meet the following requirements, unless different requirements are established for the project by the Oregon Division of State Lands through its permitting process: (A) At least five plants shall be placed per one hundred square feet of bank area, and (B) At least twenty percent of the plants placed shall be trees. iii. Upon completion of the project, a registered civil engineer or landscape architect shall submit a statement certifying that the project was completed in compliance with the provisions of this section; g. Maintenance, preservation or repair of drainage facilities located outside of public rights-of-way; h. Maintenance of an existing vehicular access to a single-family residence or for farm or forest uses; including culverts for driveway crossings provided the application includes a registered civil engineer s certification that the project complies with Sections (A) through (I) of this chapter. 2. Uses and Activities Allowed Only Within the Urban Growth Boundary. a. Construction of local public streets and private streets except as provided for by subsection (A)(1)(f) of this section, including paving and grading and shaping of roadside ditches; b. Construction of a vehicular access to a single-family residence or for farm or forest uses; including culverts for driveway crossings provided the application includes a registered civil engineer s certification that the project complies with Sections (A) through (I) of this chapter. C. Uses and Activities Allowed Through a Planning Commission Review. Unless specifically prohibited by this title, or the Clean Water Services Design and Construction Standards for Sanitary Sewer and Surface Water Management or its successor, a development permit may be approved in a flood or drainage hazard area through a planning commission review procedure for the following: 1. Uses and Activities Allowed in All Floodplain and Drainageway Locations. a. Water quality or quantity improvement facilities, or a wetland mitigation project when: i. Mandated or approved by a local, state or federal regulatory agency, or ii. Designed to be consistent with CWS standards; b. Dams, weirs, ponds and similar water impoundment devices, and mitigation and enhancement improvements for wetland and habitat areas; c. Construction or major improvement or alteration of underground pipes and conduits, including sewer, water and gas lines, transmission and distribution lines for gas and oil, underground electrical, telephone and television transmission and distribution lines, including necessary accessory structures and drainage systems; d. Above ground electrical, communication and signal transmission lines, except for those activities described in subsection (B)(1)(e) of this section; e. Parks, golf courses and other recreational uses that do not include habitable structures; f. Recreation or nature trails and associated grading, piping, culverts or bridges that meet the provisions of this title and applicable local, state and federal agency requirements; g. Creation or restoration of wetlands; h. Culverts and piping to implement an approved development, other than public transportation facilities, when the pipe or culvert connects to an existing pipe, culvert or drainageway. Culverts and piping in a flood or drainage hazard area shall continue to be subject to applicable local, state and federal agency requirements;

261 i. Bank maintenance, restoration or stabilization, including riprap for erosion control, of a river or other watercourse or body of water inside an urban growth boundary or not otherwise permitted by subsection (B)(1)(f) of this section; j. Subdivisions and land partitions, provided that none of the proposed parcels located outside of the UGB shall accommodate residential structures; k. Driveways and off-street parking that comply with the provisions of this title and applicable local, state and federal agency requirements. 2. Uses and Activities Allowed Only Within the Urban Growth Boundary. a. One detached dwelling (including a manufactured dwelling) together with no more than two accessory structures and off-street parking on a lawfully created lot, when the lot or parcel contains insufficient area outside of the flood area upon which to locate the dwelling and/or accessory structures; b. Substantial improvements to structures where substantial improvement is defined as follows: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either: i. Before the improvement or repair is started, or ii. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this section, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure except as follows: (A) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, (B) Any alteration of a structure listed on the national register of historic places or a state or local inventory of historic places, or (C) Applications for substantial improvements to structures shall comply with the requirements of this chapter; c. Improvements to a lawfully established structure when the cost of the improvement is less than fifty percent of the market value of the structure and there is compliance with Section of this chapter. For the purpose of this subsection, improvement means any repair, reconstruction, addition or improvement of a structure except as follows: i. Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications, which is solely necessary to assure safe living conditions, or ii. Any alteration of a structure listed on the national register of historic places or a state or local inventory of historic places; d. Accessory structure customarily provided in conjunction with the use set forth in the applicable zoning district; e. Subdivisions and partitions that comply with the provisions of this title; f. Vehicular access to permitted uses, including driveway crossings, except as permitted by subsection (B)(1)(h) of this section; g. Parks, golf courses and other recreational uses that include habitable structures; h. Construction or major improvement or alteration of public local streets and private streets within the UGB, or approved as part of a land division, including culverts and piping, accessory drainage systems such as catch basins, and necessary accessory structures; i. Parking area for an adjacent multi-family, institutional or commercial development. (Ord. O (part), 2005) Administration. A. A floodplain and drainage hazard review shall be conducted concurrently with any other related land use application required by the city for the proposed development. B. Floodplain and drainage hazard review applications described in Section (B) shall be administered and reviewed as a city manager deci-

262 sion in accordance with Article II of this title and applicable approval criteria in Sections through of this chapter. C. All other floodplain and drainage hazard review applications described in Section shall be administered and reviewed as a planning commission decision in accordance with Article II of this title and applicable approval criteria in Sections through of this chapter. D. The approval authority shall review all floodplain and drainage hazard applications to determine that all necessary permits shall be obtained from those federal, state or local governmental agencies from which approval is also required. E. In addition to the notice requirements in Article II of this title, the city manager shall notify communities adjacent to the affected area and the Oregon Department of Land Conservation and Development prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. The city manager shall require that maintenance is provided within the altered and relocated portion of such watercourse so that the flood carrying capacity is not diminished. F. Development Permit Required. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section (B) of this chapter. The permit shall be for all structures including manufactured homes, as set forth in the definitions (Section of this chapter) and for all development including fill and other activities, also as set forth in the definitions. G. Application for Development Permit. Application for a development permit shall be made on forms furnished by the city manager and may include but not be limited to plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: 1. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; 2. Elevation in relation to mean sea level to which any structure has been floodproofed; 3. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section of this chapter; and 4. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. (Ord. O (part), 2005) Basis for identifying lands subject to floodplain and drainage hazard area standards. A. Lands to Which This Ordinance Applies. This chapter shall apply to all areas of special flood hazard areas within the jurisdiction of city of King City, Oregon. B. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled The Flood Insurance Study for the City of King City, Oregon, dated February 18, 2005, with accompanying Flood Insurance Maps, are adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file at SW 116th Ave., King City, OR The best available information for flood hazard area identification as outlined in subsection (B)(1) of this section, shall be the basis for regulation until a new FIRM is issued which incorporates the data utilized under subsection (B)(1) of this section. 1. When base flood elevation data has not been provided in accordance with subsection B of this section, the city manager shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer new construction, substantial improvements, or other development in Zone A on the FIRM. 2. Recognizing that the scale may be such that the true and accurate floodplain or drainage hazard area cannot be determined from the maps referenced in subsection B of this section alone, all persons seeking a development permit for lands within such

263 areas and within two hundred fifty feet of the map boundary of a floodplain or drainage hazard area identified in subsection B of this section shall submit with the development permit application: a. A delineation of the floodplain and the floodway boundaries, established by a registered engineer or surveyor from the surface elevations available from the city for the floodplain based upon maps referenced in subsection B of this section, and upon any other available authoritative flood data approved by the city manager, including but not limited to high water marks, photographs of past flooding, or historical flood data; and b. A delineation of the drainage hazard area and drainageway by a registered surveyor or engineer from surface elevations prepared by a registered engineer. Such delineation shall be based on mean sea level datum and be field located using recognized landmarks. C. Acceptance of Risk. Persons seeking to develop within a floodplain or drainage hazard area must do so with the understanding that they and their successors assume the risks and that the risks cannot be eliminated, even with strict compliance with the standards adopted herein. This chapter does not imply that lands outside of floodplain or drainage hazard areas, or development permitted within, will be free from flooding or flood damage. (Ord. O (part), 2005) Submittal requirements. A. In addition to the form and information required in Section of this title, an applicant shall submit the following: 1. Copies of the site plan, number to be determined at the preapplication conference, and necessary data or narrative, which explains how the development conforms to the applicable criteria, and: a. The site plans and required drawings, prepared by a registered civil engineer, shall be drawn on sheets preferably not exceeding twenty-four inches by thirty-six inches, b. The scale for the site plan shall be an engineering scale of not less than one inch equals fifty feet, c. All drawings of structures elevations, prepared by a registered civil engineer or architect, shall be a standard architectural scale, being one-fourth inch or one-eighth inch equals one foot, and d. Existing and proposed topography within the boundaries of the flood area using the following contour intervals: i. For slopes of five percent or less, contour intervals not more than one foot, ii. For slopes greater than five percent and up to and including ten percent, contour intervals not more than two feet, and iii. For slopes greater than ten percent, contour intervals not more than five feet; 2. This information may be submitted with or be made part of a site plan or grading plan for the proposed development; 3. A list of names and addresses of all persons who are property owners of record within two hundred fifty feet of the subject property; 4. The required fee; and 5. The site plan, data and narrative shall be submitted for any related development applications as provided in this title. (Ord. O (part), 2005) Development standards for floodplain and drainage hazard area applications. The applicant for a proposed floodplain or drainage hazard area development shall demonstrate compliance with the following applicable standards of this chapter. A. Subdivision Proposals. 1. All subdivision proposals shall be consistent with the need to minimize flood damage; 2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage; 3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and 4. Where base flood elevation data has not been provided or is not available from another authorita-

264 tive source, it shall be generated for subdivision proposals and other proposed developments which contain at least fifty lots or five acres (whichever is less). B. Development proposed to encroach into a regulatory floodway adopted and designated pursuant to FEMA regulations shall demonstrate through hydrologic and hydraulic analysis, performed in accordance with standard engineering practice by a registered civil engineer, that the cumulative effect of the proposal, when combined with all other existing and anticipated development within the basin based upon full development of the basin as envisioned in the relevant comprehensive plans for the city and Washington County, will not result in any increase in flood levels during the occurrence of the base (regional) flood discharge. Notwithstanding this provision, development that would result in such an increase may be approved if the city, at the sole expense of the applicant, first obtains FEMA approval in accordance with 44 CFR Ch. 1, Part 65 (October 1, 1990 edition, or its successor). No increase to the floodplain elevation shall be permitted unless the area in which the rise will occur contains no structures and the owner of such property signs a written acceptance of any increase in the floodplain elevation. These properties are not required to be part of the application for the proposed development. C. Development proposed on a floodplain site where the development does not encroach into an adopted FEMA regulatory floodway shall demonstrate through hydrologic and hydraulic analysis, performed in accordance with standard engineering practice by a registered civil engineer, that the cumulative effect of the proposal, when combined with all other existing and anticipated development within the basin based upon full development of the basin as envisioned in the relevant comprehensive plans for the city and Washington County, will not increase the floodplain elevation more than one foot at any point in the vicinity. Notwithstanding this provision, an increase in excess of one foot may be approved if the city, at the sole expense of the applicant, first obtains FEMA approval in accordance with 44 CFR Ch. 1, Part 65 (October 1, 1990 edition, or its successor). No increase to the floodplain elevation shall be permitted unless the area in which the rise will occur contains no structures and the owner of such property signs a written acceptance of any increase in the floodplain elevation. D. Development proposed on a drainage hazard area site shall demonstrate through hydrologic and hydraulic analysis, performed in accordance with standard engineering practice by a registered civil engineer, that the cumulative effect of the proposal, when combined with all other existing and anticipated development within the basin based upon full development of the basin as envisioned in the relevant comprehensive plans for the city and Washington County, will not result in any increase to the drainage hazard area elevation at any point in the vicinity. Notwithstanding this provision, an increase may be approved if the area in which the rise will occur contains no structures and the owner of such property signs a written acceptance of any increase in the drainage hazard area elevation. E. Encroachments into a floodway shall be designed so as to minimize the risk that the encroachment will catch substantial debris or otherwise significantly impede floodwater flows. Designs may include, but are not limited to, adequate sizing of openings, secured breakaway bridges, diverters or spacing of supports. F. The proposal will not increase the existing velocity of flood flows so as to exceed the erosive velocity limits of soils in the flood area. Energy dissipation devices or other measures to control the mean velocity so as not to cause erosion of the flood area may be used to meet this standard. Open Channel Hydraulics by V.T. Chow, McGraw-Hill Book Company, Inc., 1988, is presumed to be the best available reference for maximum permissible velocity. Hydraulic Engineering Circular No. 14, Hydraulic Design of Energy Dissipaters for Culverts and Channels, published by the Federal Highway Administration, September 1983, is presumed to be the best available reference for the design of energy dissipators. G. All cut and fill shall be structurally sound and designed to minimize erosion. All fill below the flood surface elevation shall be accompanied by an

265 equal amount of cut or storage within the boundary of the development site unless: 1. The proposed cut and fill is found to be in compliance with the King City storm drainage master plan and/or clean water services requirements; or 2. Off-site excavation will be utilized to balance a fill, provided: a. The off-site excavation area will be part of the application for the development proposing to place the fill, b. The off-site excavation area will be located in the same drainage basin as the proposed fill area, c. The off-site excavation area will be located within points of constriction on the drainage system, if any, and as close to the fill site as practicable. The applicant s registered civil engineer shall conduct a storage routing analysis to determine the location of the fill, d. The off-site excavation area will be constructed as part of the development placing the fill, e. Any use or future development of the excavated area shall comply with the standards of this chapter and clean water services, f. Ownership of the excavated area shall be by one of the following mechanisms: i. Dedication of the area to an appropriate public agency when a public agency is willing to accept the dedication, ii. Ownership of the area by the applicant of the proposed development, iii. Dedication of the development rights of the area to an appropriate public agency with ownership remaining with the property owner. Maintenance of the area shall be the responsibility of the applicant or property owner, and iv. Deed or easement-restricted private ownership which prevents any use or future development of the area as specified by subsection (F)(2)(e) of this section. Maintenance of the area as conditioned by the city shall be the responsibility of the applicant or property owner. H. There is adequate storm drainage behind a dike such as a lift pump or flap gate to drain the floodplain or drainage hazard area behind the dike. I. That the environmental impact of the disturbance or alteration of riparian wildlife and vegetation has been minimized to the extent practicable as required by clean water services. Enhancement of riparian habitats through planting or other such improvements may be required to mitigate adverse effects. Significant features such as natural ponds, large trees, and endangered vegetation within the flood or drainage hazard area shall be protected when practicable. J. Drainage systems shall be designed and constructed according to the standards of clean water services (CWS). K. Proposed partitions and subdivisions shall minimize flooding by complying with the applicable standards of the clean water services construction standards L. Public utilities and facilities in proposed partitions and subdivisions shall be located and constructed in a manner that will minimize flood damage. (Ord. O (part), 2005) Supplemental criteria for dwellings. A. No new dwelling shall be constructed in a flood area if: 1. The lot or parcel contains sufficient, suitable, existing buildable land area that is located outside the flood area so as to permit construction at least one foot above the flood area; 2. The buildable land area shall be deemed suitable if it includes a minimum ten-foot perimeter setback around the proposed dwelling that is outside the flood area; and 3. The property is outside of the urban growth boundary (UGB). B. Construction standards for new dwellings and substantial improvements to existing dwellings in flood areas: 1. All new dwellings and substantial improvements to existing dwellings shall have the lowest habitable floor, including any basement, elevated to at least one foot above the flood surface elevation and shall be anchored so as to prevent flotation, collapse or lateral movement;

266 2. New dwellings and substantial improvements to existing dwellings may be placed on pressure treated pilings when: a. Certified by a registered engineer as sufficient to prevent collapse or movement during a one hundred-year flood, b. Pilings are placed on stable compacted fill on no greater than ten-foot centers, and c. Pilings greater than six feet high are reinforced; 3. New dwellings and substantial improvements to existing dwellings may be placed on approved fill providing the building site, which includes the ground under the structure plus a ten-foot setback around all sides of the structure, is above the flood surface elevation; 4. All new construction and improvements to existing structures shall be done with approved materials and utility equipment resistant to flood damage, using approved construction methods and practices that minimize such damage. All new construction and improvements to existing structures shall be anchored to prevent flotation, collapse or lateral movement; 5. Fully enclosed non-habitable areas below the lowest floor that are subject to flooding are permitted only if designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or must meet or exceed the following minimum criteria: a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided, b. The bottom of all openings shall be no higher than one foot above grade, and c. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (Ord. O (part), 2005) Supplemental criteria for manufactured dwellings, manufactured dwelling parks and subdivisions. In addition to the requirements of Chapter of this title, manufactured dwellings, manufactured dwelling parks and subdivisions located in a flood area shall comply with the following standards: A. Manufactured dwellings shall not be located within the floodway except in a lawfully established manufactured dwelling park or subdivision. B. Manufactured dwellings shall not be located outside of the UGB. C. Manufactured dwellings shall be anchored to resist flotation, collapse or lateral movement, by providing over-the-top and frame ties to ground anchors in accordance with the following: 1. Require that over-the-top ties be provided at each of the four corners of the manufactured dwelling, with two additional ties per side at intermediate locations. Manufactured dwellings less than fifty feet long require only one additional tie per side; 2. Require that frame ties be provided at each corner of the dwelling with five additional ties per side at intermediate points. Manufactured dwellings less than fifty feet long require only four additional ties per side; 3. Notwithstanding subsection (C)(2) of this section, allow a manufactured dwelling to utilize only frame ties if: a. The dwelling was constructed in compliance with the Oregon Mobile Code in effect between 1972 and 1976 and bears a label to that effect, b. The dwelling was constructed in compliance with the National Manufactured Housing Construction and Safety Standards Act, c. The dwelling is multisectional (double-wide or greater), or d. The ground upon which the dwelling is located is at an elevation above the regional flood level; 4. All components of the anchoring system be capable of carrying a force of four thousand eight hundred pounds; and

267 5. Any additions to the manufactured dwelling shall be similarly anchored. D. In new manufactured dwelling parks and subdivisions, or in expansions to existing manufactured dwelling parks and subdivisions, or where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds fifty percent of value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for manufactured dwelling park or subdivision, the following shall be required: 1. Stands or lots shall be elevated on compacted fill or on pilings so that the lowest floor of the manufactured dwelling will be at least one foot above the flood surface elevation; 2. Adequate surface drainage and access for a hauler are provided; and 3. In the instance of elevation on pilings, that: a. Lots are large enough to permit steps, b. Piling foundations are placed in stable soil not more than ten feet apart, and c. Reinforcement is provided for pilings more than six feet above the ground level. E. Placement of, or substantial improvements to, manufactured dwellings on-sites outside of a manufactured dwelling park or subdivision, or in a new or existing manufactured dwelling park or subdivision, or in an expansion to an existing manufactured dwelling park or subdivision, shall be elevated on compacted fill or on pilings so that the lowest floor of the manufactured dwelling will be at least one foot above the flood surface elevation; elevation on pilings shall meet the requirements of subsection (D)(3) of this section. (Ord. O (part), 2005) Supplemental criteria for recreational vehicles. A. Recreational vehicles placed on sites within a floodplain or drainage hazard area shall either: 1. Be on the site for fewer than one hundred eighty consecutive days; 2. Be fully licensed and ready for highway use; or 3. Meet all permitting requirements applicable to manufactured homes including all anchoring and elevation requirements in Section of this chapter. B. For purposes of this section, a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. C. This section shall not be construed to permit location of a recreational vehicle which is otherwise prohibited by any other section of this code. (Ord. O (part), 2005) Supplemental criteria for nondwelling structures. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated at or above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: A. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; B. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; C. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in Section (G) of this chapter. (Application for Development Permit); D. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in Section (B)(5) of this chapter; E. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building floodproofed to the base flood level will be rated as one foot below). (Ord. O (part), 2005)

268 Supplemental criteria for utilities. A. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. The proposed systems shall comply with Oregon Administrative Rules (OAR) 660, Division 11, and the applicant shall obtain all applicable local, state or federal permits. B. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into, or discharge from, the system. The proposed systems shall comply with OAR 660, Division 11, and the applicant shall obtain all applicable local, state and federal permits. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. C. Above ground electrical, communication and signal transmission or distribution lines and related accessory structures other than poles or towers, shall be constructed at or above the flood surface elevation. Poles and towers shall be constructed and placed to minimize risk of damage. D. Electrical, heating, ventilation, plumbing and air-conditioning equipment, and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during flood conditions. E. Construction of utilities shall be done in a way, which minimizes the impact on the flood area. The site shall be restored, as far as practicable, to its original state according to CWS standards. (Ord. O (part), 2005) Supplemental criteria for piping, culverts and man-made creek beds. Piping or the use of culverts or man-made creek beds to drain or alter the water flow of a flood area shall be approved by clean water services. (Ord. O (part), 2005) Criteria for multi-family, institutional and commercial development parking. Land within the flood area and the UGB may be used for parking by multi-family, institutional or commercial developments, regardless of whether located on the same lot or parcel, if an approval for parking is obtained through the planning commission review procedure. The parking shall be approved only upon findings that: A. The parcel or lot could not develop at the planned density, including any density transfers or bonuses, due to lack of land area to provide ground level parking areas on the same lot or parcel outside the floodplain or drainage hazard area; B. Adequate drainage can be provided to minimize the off-site impact of changes in water flow, direction or velocity caused by creation of the parking area; C. The applicant will minimize any adverse impacts on the natural integrity of the flood area, including wildlife and riparian vegetation to the extent practicable. Significant features such as natural ponds, large trees and significant vegetation shall be preserved according to CWS standards; D. The parking area shall be posted to warn users that the area is within the flood area and shall not be used during periods of flood warning; and E. Vehicular access will be provided on a roadway no portion of which is below the flood surface elevation. The parking area shall be located and oriented to minimize to the extent practicable the need to fill to provide such access. All fill shall be structurally sound and designed to avoid erosion. (Ord. O (part), 2005) General requirements and prohibitions. A. Property owners shall maintain the flood area in such a manner as to prevent reduction of the natural carrying capacity. Maintenance outside of the public right-of-way shall be done by means of hand implements unless a development permit for an alteration is first obtained (lawn mowers are considered hand implements).

269 B. Storage of petroleum products, explosives, herbicides, pesticides, insecticides, poisons, defoliants, fungicides, desiccants, nematocides and rodenticide is prohibited. C. Dumping of solid waste in the flood area is prohibited. D. The provisions of the chapter are in addition to any and all federal, state or special district laws and regulations in force at the time of approval of the development permit. Any permits required from a local, state or federal agency shall be obtained prior to any development within the flood area. E. The standards and criteria of this chapter are cumulative and in addition to any other requirements of this title. F. The approval authority may condition any development permit to the extent necessary to avoid any specifically identified deleterious impacts on the natural integrity of the flood area or to wildlife and vegetation within the flood area. G. In the case of the partitioning or subdivision of land for the location of structures for human occupancy, such site shall provide a building site, which includes the ground under the structure plus a tenfoot setback around all sides of the structure, with a ground elevation at least one foot above the flood surface elevation. No partition or subdivision shall create a lot whose dimensions do not meet this standard. H. There shall be no dumping of fill in a flood area without a floodplain or drainage hazard area alteration permit. (Ord. O (part), 2005) Duties of the city. A. The city shall obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures located within the flood area and whether or not such structures contain a basement and, shall obtain and maintain for any floodproofed structure, the elevation to which the structure was floodproofed. Such information shall be public record. B. The city manager shall notify adjacent communities and the relevant state agency of any approval prior to alteration of a watercourse. The city manager shall submit evidence of such notification to the Federal Insurance Administration. Maintenance is to be provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. (Ord. O (part), 2005) Floodplain definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. Appeal means a request for a review of the interpretation of any provision of this chapter or a request for a variance. Area of special flood hazard means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letter A. Base flood means the flood having a one percent change of being equaled or exceeded in any given year. Also referred to as the one hundred-year flood. Designation on maps always includes the letter A. Basement means any area of the building having its floor subgrade (below ground level) on all sides. Critical facility means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste. Development means any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard. Elevated building means, for insurance purposes, a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.

270 Existing manufactured home park or subdivision means a manufactured home park subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations. Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of inland or tidal waters; and/or 2. The unusual and rapid accumulation of runoff of surface waters from any source. Flood insurance rate map (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood Insurance Study means the official report provided by the Federal Insurance Administration that includes flood profiles and the water surface elevation of the base flood. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter found at Section (B)(5) of this chapter. Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term manufactured home does not include a recreational vehicle. Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. New construction means structures for which the start of construction commenced on or after the effective date of the ordinance codified in this chapter. New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations. Recreational vehicle means a vehicle which is: 1. Built on a single chassis; 2. Four hundred square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light-duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Start of construction means and includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include

271 land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure means a walled and roofed building including a gas or liquid storage tank that is principally above ground. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred. Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either: 1. Before the improvement or repair is started; or 2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: a. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or b. Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. Variance means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. Water dependent means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. (Ord. O (part), 2005) Chapter WEST KING CITY PLANNING AREA GOAL 5 SAFE HARBOR REVIEW Sections: Purpose and intent Applicability of provisions Administration Goal 5 resource areas Submittal requirements Regulated uses and activities Variances Purpose and intent. The regulations of this chapter are intended to implement the comprehensive plan and the Statewide Planning Goal 5 safe harbor protection standards (Oregon Administrative Rules, Division 23) for riparian areas and wetlands on properties included within the West King City planning area. These regulations supplement other requirements enforced by clean water services (CWS) and the division of state lands (DSL). (Ord. O (part), 2004) Applicability of provisions. A. The regulations of this chapter shall be applicable to all properties included within the West King City planning area. This area contains approximately one hundred eight acres, located south of Beef Bend Road and the Mountain View Mobile Home park, and north of the Tualatin River between 131st Avenue and a Bonneville Power Administration right-ofway that is located along the east side of 137th Ave-

272 nue. This area is shown on the comprehensive plan and zoning maps. B. Any development proposed to be located on properties that contain all or part of a Goal 5 resource listed in Section of this chapter, must comply with these regulations. Where the provisions of this chapter conflict with any other provisions of this title, CWS standards, or state and federal requirements, the more restrictive requirements shall apply. (Ord. O (part), 2004) B. Agricultural (Ag.) Wetland. The agricultural wetland contains approximately 0.82 acres of significant wetland. The Goal 5 safe harbor boundary is the delineated boundary of the wetland. C. Deer Creek Wetland. The Deer Creek wetland contains approximately 1.04 acres of significant wetland. The Goal 5 safe harbor boundary is the delineated boundary of the wetland. (Ord. O (part), 2004) Administration. A. Goal 5 safe harbor review shall be conducted concurrently with any other related land use application required by the city for the proposed development. B. Goal 5 safe harbor review applications for compliance with Sections through shall be administered and reviewed as a city manager decision in accordance with Article II of this title. C. Variance applications described in Section shall be administered and reviewed as a planning commission decision in accordance with Article II of this title using the applicable approval criteria in Section (Ord. O (part), 2004) Goal 5 resource areas. The provisions of this chapter shall be used to determine whether applications for development permits may be approved, approved with conditions or denied. The map entitled West King City planning area Goal 5 inventory (Figure 1) shall be consulted to determine site locations of Goal 5 resources and buffers. The Goal 5 resources within the West King City planning area include the following three areas, which are shown in Figure 1: A. Tualatin River Riparian Corridor. The Tualatin River has documented use by fish and an average annual flow of greater than one thousand cubic feet per second. Therefore, the Tualatin River has a Goal 5 safe harbor riparian corridor boundary of seventyfive feet from top of bank.

273

274 Submittal requirements. As part of the development permit for any use or activity that is located on a lot that includes a Goal 5 resource listed in Section , an application for a Goal 5 safe harbor review must be prepared and submitted in compliance with this section. An application for a Goal 5 safe harbor review shall be submitted on forms prepared by the city. A. In addition to the form and information required in Section , an applicant shall submit the following: 1. Copies of the site plan, number to be determined at the pre-application conference, and necessary data or narrative, which explains how the development conforms to the applicable criteria, and: a. The site plans and required drawings, prepared by a registered civil engineer, shall be drawn on sheets preferably not exceeding twenty-four inches by thirty-six inches; b. The scale for the site plan shall be an engineering scale of not less than one inch equals fifty feet; c. All drawings of structures elevations, prepared by a registered civil engineer or architect, shall be a standard architectural scale, being one-fourth inch or one-eight inch equals one foot; d. Existing and proposed topography within the property boundaries using the following contour intervals: i. For slopes of five percent or less, contour intervals not more than one foot, ii. For slopes greater than five percent and up to and including ten percent, contour intervals not more than two feet, and iii. For slopes greater than ten percent, contour intervals not more than five feet; e. The delineated location of wetlands, the location of the top of bank for the Tualatin River; and the location safe harbor boundaries listed in Section of this chapter, and f. Current photos of site conditions shall be provided to supplement the above information. 2. This information may be submitted with or made part of a site plan or grading plan for the proposed development; 3. A list of names and addresses of all persons who are property owners of record within two hundred fifty feet of the subject property; and 4. The required fee. B. The site plan, data and narrative for any related development applications as provided in this title. (Ord. O (part), 2004) Regulated uses and activities. No permanent alteration within riparian or wetland boundaries shall be permitted by grading, excavation, placement of fill, or by the placement of structures or impervious surfaces except as provided by this chapter. A. The following uses and activities are permitted within the riparian corridor and wetland boundaries identified in Section : 1. Maintenance and repair of buildings, structures, yards, gardens or other activities or uses that were in existence prior to the effective date of these regulations; 2. Replacement of existing structures with structures in the same location that do not disturb additional riparian surface area; 3. Alterations of buildings or accessory structures, which do not increase building coverage; 4. Enhancement and mitigation of a riparian corridor or wetland as approved by the city and other appropriate regulatory authorities; 5. Streets, roads and paths; 6. Drainage facilities, utilities and irrigation pumps; 7. Grading for the purpose of enhancing the resource site; and 8. Water-related and water-dependent uses. B. General Approval Criteria. 1. Riparian and wetland vegetation shall not be removed, except for the following circumstances: a. Removal of non-native vegetation and replacement with native plant species; and b. Removal of vegetation necessary for uses and activities listed in subsection A of this section; 2. Each tree removed shall be replaced with a native tree species; 3. The applicable provisions of Chapter are satisfied; and

275 4. The division of state lands has been notified of the application, as provided by ORS , and all necessary permits shall be obtained from those local, state and/or federal governmental agencies from which approval is also required. C. Supplemental Approval Criteria. For activities or development listed in subsections (A)(5) through (A)(8) of this section, the following criteria shall apply in addition to subsection B of this section: 1. A wetland scientist or other professional competent in biology, prepares a report which: a. Identifies and maps the ecological and habitat resource values of the wetland and/or riparian areas on the site and the immediate area (based on field observations); and b. Demonstrates that equal or better protection for the identified resource values will be ensured through restoration of wetlands, riparian areas, enhanced buffer treatment or similar measures. 2. Alterations in Tualatin River riparian area shall not occupy more than fifty percent of the width of the riparian area measured between the opposite upland edges of the corridor. D. An applicant may propose to inventory and protect wetlands under the procedures and requirements for wetland conservation plans administered through by DSL. A wetland conservation plan approved by the director of DSL shall be deemed to comply with relevant provisions of this chapter. (Ord. O (part), 2004) Variances. The following matters shall be reviewed according to the variance process described in Chapter , except that the following criteria shall be used instead of the variance criteria in Section : A. Unbuildable Lot. 1. The standards of the chapter shall be reduced or eliminated to assure that an existing lot, which is rendered unbuildable due to the provisions of this chapter, is allowed to develop as otherwise provided by this title. However, such development shall not exceed five thousand square feet of impervious improvements, while still providing for the maximum protection of the significant resources, consistent with the provisions of this title. 2. To receive a variance under this section, the applicant must demonstrate that: a. The lot was created prior to the effective date of this chapter; b. The existing lot is rendered unbuildable by the provisions of this chapter; and c. The development proposal is designed to protect the resource(s) identified in Section to the greatest extent practical. B. Claim of Map Error. 1. Where the applicant alleges a claim of map error, the city shall consider information relating to a claim of map error, and if appropriate, adjust the map accordingly. The application for consideration of a map error shall include: a. A report conducted and prepared by a natural resource professional knowledgeable and qualified to complete such a report. The qualifications of the person or persons preparing each element of the report shall be included with the application; b. The report shall include information relating to soil types, geology, hydrology of the site, location of any wetlands or water bodies on the site, the location of the stream centerline, and the top-of-bank. The report shall also include an inventory that lists and describes the native and ornamental dominant and sub-dominant groundcover, shrub and tree species occurring on the site; c. The application shall include an analysis that describes the specific map error supported by evidence listed within the report required by this section; d. Current photos of the site conditions shall be provided to supplement the above information. 2. When the reviewing authority finds substantial evidence that a Goal 5 resource boundary listed in Section is in error, the resource boundary map (Figure 1) shall be amended to reflect the more accurate delineation of the boundary. C. Other Variances. A variance may be taken to any of the provisions of this chapter. Such variance applications shall be subject to the procedures and approval criteria in Chapter (Ord. O (part), 2004)

276 Chapter VISION CLEARANCE Sections: Purpose Applicability of provisions Standards Purpose. The purpose of this chapter is to provide adequate site clearance at intersections of streets and driveways to allow for safe operation of vehicles and to ensure the safety of pedestrians. (Ord (part), 1996) Applicability of provisions. The provisions of this chapter shall apply to vegetation and all development including the construction of new structures, remodeling of existing structures, and the construction or alteration of fences and signs. (Ord (part), 1996) Standards. All structures and landscaping shall satisfy the applicable standards of this section. A. A visual clearance area shall be maintained on the corners of all property adjacent to the intersection of two streets or a driveway providing access to a public or private street. The visual clearance area shall be that triangular area formed using the curb line or pavement edge at an intersection and the prescribed dimensions in subsections (1) and (2) of this section. 1. With the exception of driveways serving no more than two residences, all intersections on Pacific Highway, Beef Bend Road, 131st Avenue (north of Fischer Road), and Fischer Road shall have a visual clearance area of not less than thirty-five feet on each side of the intersection. 2. The visual clearance for all other intersections which do not involve the streets described in subsection (A)(1) of this section, shall not be less than fifteen feet on each side of the intersection. A driveway serving no more than two residences shall also be subject to this standard.

277 B. A clear area shall contain no vehicle, hedge, planting, fence, wall, sign or any similar permanent obstruction which is between three feet and eight feet in height, measured from the top of the curb, or where no curb exists, from the street center line grade. Trees may be located in this area, provided all branches below eight feet are remove. C. Where horizontal or vertical curve conditions contribute to the obstruction of clear vision areas at an intersection or high traffic speeds are anticipated, hedges, plantings, fences, walls, buildings and other temporary or permanent obstructions shall be further reduced in height or eliminated to comply with the intent of the required clear vision area. (Ord (part), 1996) Chapter RESIDENTIAL DENSITY CALCULATION Sections: Purpose Applicability of provisions Density calculation Density transfers for unbuildable lands Purpose. The purpose of this chapter is to describe how density shall be calculated for residential development proposals. (Ord. O (part), 2004) Applicability of provisions. The density calculations in this chapter shall apply to any development that has residential units as part of the proposed development with the exception of residential facilities and residential homes where the units for residents do not include individual kitchen and/or bathroom facilities. (Ord. O (part), 2004) Density calculation. A. To determine the maximum or minimum number of units, which may be constructed on a site for residential uses, the site size (in acres) shall be multiplied by the maximum or minimum number of units per acre allowed on the site, as designated by the applicable zone district, except as specified otherwise in this chapter. EXAMPLE Acres x units per acre = number of units allowed 1.6 x 5 = 8.0 or 8 units B. Site size shall include the area of the subject lot(s) or parcel(s), in acres or portions thereof, except for: 1. All areas dedicated for public right-of-way that exist at the time the development application is submitted for review; 2. Proposed lots with a maximum size of twenty thousand square feet to include existing residences on the subject lot(s) or parcel(s) to be developed; and 3. Proposed remnant parcels, which are of sufficient size to be developed or divided in the future.

278 C. No portion of the allowable density shall be transferred from one land use designation to another land use designation, except as permitted in accordance with the planned development provisions of Chapter D. Land outside of the urban growth boundary (UGB) shall be ineligible for density transfer and shall not be considered in any density calculations. E. The number of units, which may be constructed on the subject lot(s) or parcel(s) shall be subject to the limitations of the applicable provisions of this title. F. When the maximum or minimum number of units allowed on a site results in a fraction of onehalf or more, the number of units allowed shall be the next highest whole number, provided all minimum zone district requirements other than density can be met. G. Land that is dedicated to a park and recreation provider as public park land may be used to calculate the minimum or maximum density, provided the land is developed for recreational uses, and is not comprised of flood plain, drainage hazard, wetland or slopes over twenty percent. H. Land used for a private park, that is available to the general public outside of the residential development the park is located in, may be excluded from the acreage used to calculate the minimum density, provided the park is developed for recreational uses and does not include flood plain, drainage hazard, wetland, or slopes over twenty percent. I. For categories of land listed in Section , the applicant may either include it or exclude it from the acreage used to calculate the minimum or maximum density. (Ord. O (part), 2004) Density transfers for unbuildable lands. A. Transfer of density from one area of land to another shall be permitted for any unbuildable portion of a lot or parcel when a portion of the subject lot or parcel is within the UGB and within one of the following areas: 1. Flood plain; 2. Drainage hazard; 3. Jurisdictional wetland; 4. Slopes over twenty percent; 5. Power line easement or right-of-way; 6. Future right-of-way for transitway, designated arterials, collectors and neighborhood collectors; 7. Water quality sensitive areas designated for permanent protection; or 8. Vegetated corridors designated for permanent protection. B. Density may be transferred within the UGB only as follows: 1. Within a single lot or parcel within the same land use designation; or 2. To an adjoining lot or parcel that is a subject of the development application provided it is also within the same land use designation as the other lot or parcel. C. Density Transfer Calculations. The number of units, which may be transferred, shall be calculated as follows: 1. Determine the total density for the subject lot(s) or parcel(s); 2. Determine the total number of units in the buildable portion and the unbuildable portion of the total site; 3. Transfer the density of the unbuildable portion of the site to the buildable portion of the site, provided that the transferred density does not more than double the density allowed on the buildable portion of the site. D. For the purpose of this chapter, buildable shall mean all portions of the subject lot(s) or parcel(s) not included within a category listed in subsection A of this section, and unbuildable shall mean all portions of the lot(s) or parcel(s) included in one of these categories. (Ord. O (part), 2004)

279 Chapter SIGNS Sections: Title and purpose General provisions Commercial, office and business signs Public and semi-public signs Residential use signs Signs not requiring permits Temporary signs Exempt signs Nonconforming signs and uses Nuisance signs Prohibited signs and advertising devices Sign maintenance Criteria for sign permits All signs Planning commission review Permits Approval and fees Variances Inspection Appeals process Enforcement Responsibility for violations Penalties Cumulative remedies Title and purpose. This chapter shall be referred to as the sign ordinance of the city and may be referred to in this chapter as this chapter. The purpose of this chapter is to protect the health, safety, property and welfare of the public through the establishment of standards to regulate the erection, location, maintenance and use of signs. The goals of this chapter are: A. To maintain an uncluttered and attractive appearance in the community and to improve the effectiveness of signs in identifying and advertising businesses; B. To provide equity and effectiveness in displaying identification signs by establishing regulations on size and location of such signs; C. To promote public safety by ensuring that traffic regulating devices be easily visible and free from nearby visual obstructions, from signs resembling official signs and from excessive numbers of signs; D. To ensure that signs are compatible with their surroundings; E. To guide and regulate the design, materials, construction, location, illumination and maintenance of all signs and sign structures to be located within the city, and adjacent boundaries. (Ord (part), 1996) General provisions. No person shall erect, construct, alter, relocate, maintain or use any sign unless a sign permit has been issued or the sign has been exempted by provisions of this chapter. (Ord (part), 1996) Commercial, office and business signs. Commercial, office and business district signs shall comply with all provisions and regulations of this chapter: A. Freestanding Signs. Freestanding signs for commercial, office and other business uses are permitted subject to the following requirements: 1. Number. One double faced freestanding sign, identifying only the name of the development and no more than two of the principal uses of the premises, shall be permitted for a development. 2. Height and Area. The sign height shall not exceed twenty-five feet. The maximum sign area shall not exceed one hundred square feet per sign face. 3. Location. No freestanding sign or any part thereof shall be located on or over any portion of a public right-of-way or property line. B. Freestanding Directory Signs. In addition to freestanding signs, freestanding directory signs are permitted only for office but not for commercial uses, and are subject to the following restrictions. Such

280 signs shall be limited to identifying the buildings and the names of tenants or occupants. 1. Number. One double-faced freestanding directory sign shall be permitted for each development containing one multiple tenant building or group of architecturally related buildings. For developments with vehicle entrances on more than one street frontage, an additional directory sign may be permitted at such additional entrance. 2. Height and Area. The sign height shall not exceed seven feet with the face area not exceeding forty-two square feet. 3. Location. No sign or any part thereof shall be located on or over any portion of a public right-ofway or property line. The sign shall be located for viewing from the development by potential users of the development who have already entered onto the site. A freestanding directory sign shall not be attached to any other freestanding sign. C. Wall Signs. In addition to any other permitted sign, wall signs are permitted for commercial use, subject to the following requirements: 1. Number. a. Walls Used. No more than two exterior walls shall be used for wall signs. Single tenant buildings shall use only two walls. Multiple tenant buildings shall use only the exterior walls which correspond with the portion of the building the tenant occupies. b. Signs. The permitted sign area per wall which has been designated to be used for wall signs may be divided among a maximum of three signs. 2. Area. a. Single Tenant Building. Except as otherwise provided, the sign area of a wall sign, or combination of wall signs, shall not exceed ten percent (up to a maximum of two hundred fifty square feet) of the area of the wall to which it is attached. For the purpose of this regulation, the area of the wall is determined by multiplying the height of the wall from the ground level to eaves or top of the fascia by length of the wall. If the building contains two stories or more, the height of the wall is measured from the ground level to the top of the second story. b. Multiple Tenant Building. Except as otherwise provided, the sign area of a wall sign or a combination of wall signs, shall not exceed ten percent (up to a maximum of two hundred fifty square feet) of the area of the wall to which it is attached. For the purpose of this regulation, the area level to eaves or top of fascia by the length of the wall corresponding with the portion of the building the tenant occupies. If a tenant occupies two or more floors of a multiple story building, the height of the wall is measured from ground level to the top of the second story. c. Location. No sign shall extend above the line of the buildings eaves, the bottom of the fascia or above the second story of a multiple story building. D. Window Signs. In addition to other permitted signage, window signs are permitted for commercial, office or business uses subject to the following requirements: 1. Number. No more than one window sign shall be permitted per building of a single tenant building, or for each tenant in a multiple tenant building. 2. Area. The sign area shall not exceed twenty percent of the total area of the window or group of windows in which it is placed. Window signs may be substituted for permitted wall signage, as long as there is corresponding reduction of permitted wall sign area. E. Shingle Signs. In addition to other permitted signage, shingle signs are permitted for commercial or office uses, subject to the following requirements: 1. Number. No more than one shingle sign shall be permitted for each tenant in any building. 2. Area. The sign area shall not exceed six square feet per sign (two feet by three feet) with its depth not exceeding four inches. Shingle signs may be substituted for permitted wall signage, as long as there is a corresponding reduction of permitted wall sign area. 3. Height. All shingle signs shall have a clearance of not less than eight and one-half feet between the lowest portion of the sign and ground level. No shingle sign, or part thereof, shall be located above the second story of a building, or above the line of the eaves or the top of the fascia wall. 4. Location. A shingle sign may project out from a building, but shall be perpendicular to the

281 building and horizontal to the ground level. No shingle sign shall project out diagonally from the corner of the building. No more than six inches shall separate the sign from the wall to which it is attached. The sign shall not extend over a public right-of-way, except a sidewalk. 5. Illumination. A shingle sign shall not be internally illuminated. F. Entrance or Exit Signs. In addition to any other permitted signage, no more than one sign designating an entrance or exit shall be permitted at each driveway serving a development. Such signs shall be limited to in, out, entrance or exit. Such signs shall not exceed eight square feet in sign area and four feet in height. G. Readerboard Signs. Readerboard signs are prohibited except for theater marquees advertising only current presentations, and automobile service stations advertising only fuel prices. No more than one readerboard sign shall be permitted for each theater and automobile service station. Only permanently attached readerboard signs are allowed after permit is obtained. H. Automobile Service Station Signs. In addition to other sections of this chapter, automobile service stations shall comply with the following requirements: 1. All price signs shall be permanently affixed to the building or a freestanding sign; 2. Price signs may be double-faced, but shall not exceed six square feet in area per face or as required by state or federal law; 3. The maximum permitted freestanding and wall sign area shall be reduced by the sign area devoted to price signs; 4. Signs not to exceed five square feet in area shall be permitted on each pump face. I. Bulletin Boards. Retail business, banks and organizations shall be allowed a bulletin board in addition to other permitted signs. The bulletin board shall not exceed twelve square feet in sign area and six feet in height. A permit is required. J. Roof Signs. Signs erected and maintained upon or against a sloped roof of a building, including a sign attached to any structure containing mechanical equipment. 1. Roof signs will not be permitted except for tenants who have a total square footage of five thousand square feet. 2. Permit applications for a roof sign will be given based on the total square footage of a single tenant in a multi-tenant building whose square footage is five thousand square feet or greater. The sign location on a lower slope not to exceed existing signs areas on present building and using the same design, color and material as other signs. K. Fascia Signs. In addition to other permitted signs, fascia signs are permitted for commercial/office and business uses as follows: 1. Length. A space of no less than twelve inches on each end from the neighboring tenant; 2. Height. The total height shall conform to the overall height of the fascia. It shall not extend above or below the edge of the fascia; 3. Depth, not to exceed twenty inches; 4. Area. Window or wall signs may be substituted for permitted fascia signs as long as there is a corresponding reduction of total permitted signage; 5. Lettering may be internally illuminated by fluorescent lighting or other approved methods. (Ord (part), 1996) Public and semi-public signs. Public and semi-public uses include, but are not limited to, government and special district facilities, community centers, golf courses, libraries, museums and shall be subject to the following requirements: A. Freestanding Signs. Only one freestanding monument sign shall be permitted not to exceed eighteen square feet in sign area and five feet in height; B. Entrance or Exit Signs. No more than one sign designating an entrance or exit shall be permitted at each driveway serving the development. Such signs shall be limited to in, out, enter, entrance, exit, or similar wording, and the name of the development. Such signs shall not exceed eight feet in sign area and four feet in height.

282 C. Wall Signs. In addition to other permitted signs, wall signs are permitted subject to the following requirements: 1. Number. a. Not more than two exterior walls for each building shall be used for wall signs; b. The total permitted sign area for each wall used for wall signs may be divided among a maximum of three signs; c. Area. The sign area of a wall sign, or combination of signs, shall not exceed ten percent (up to a maximum of one hundred fifty square feet) of the area of the wall to which the sign is attached. For the purposes of this regulation, the area of the wall is determined by multiplying the height of the wall from the ground level to eaves or top of a fascia by the length of the wall. If the building contains two or more stories, the height of the wall is measured from ground level to the top of the second story. d. Location. i. A wall sign shall be attached to the wall from which the permitted sign area is calculated. ii. No sign shall extend above the line of the building s eaves, or the top of the fascia or above the second story of a multiple story building. D. Bulletin Board. Retail businesses, banks and organizations shall be allowed a bulletin board in addition to other permitted signs. The bulletin board shall not exceed twelve square feet in sign area and six feet in height. A permit is required. E. Government Facilities. All on-premises signs associated with government facilities shall meet all provisions of this chapter. (Ord (part), 1996) Residential use signs. Residential uses shall be permitted the following signs: identification sign. Subdivision, condominium developments, multi-family developments shall be allowed one, indirectly illuminated, freestanding monument sign or wall sign. The sign shall not exceed eighteen square feet in area and five feet in height. For developments with more than one vehicle entrance, an additional sign may be permitted at such additional entrance. Phased subdivisions shall be considered a single subdivision for determining permitted signs under this section. (Ord. O (part), 2003; Ord (part), 1996) Signs not requiring permits. The following signs do not require a permit but are subject to the provisions of this chapter: A. Incidental signs shall not exceed two square feet in area per business. B. Name plates and postal address signs shall not exceed two square feet in area and shall be part of the building or attached as a wall sign. C. No trespassing, keep out, danger and warning signs shall not exceed two square feet in area. D. Real Estate Signs Residential Real Estate Signs Single-Family, Duplex, and Multi-family Units. The owner or authorized representative of a single-family, duplex or multi-family unit may erect the following real estate signs: 1. On-premises. One double-faced, freestanding sign on the property front is permitted. It shall not exceed four square feet in area. The sign shall be removed from the property within thirty days of sale or immediately after transfer of possession, whichever occurs first. 2. Reserved. 3. Residential Subdivisions and Undeveloped Land. Signs advertising more than three contiguous lots or undeveloped land in a residential planning district shall be limited to one double-faced sign not to exceed sixteen square feet per face or two sixteen square foot single-faced signs. Such signs shall be located on the premises being marketed, not less than five hundred feet apart and shall not exceed eight feet in height. Signs shall be removed within thirty days of sale of undeveloped land, or upon transfer of possession, whichever occurs first. 4. Commercial and Undeveloped Lands. Signs advertising in a commercial district and undeveloped land shall be limited to one single-faced or doublefaced sign for each street for two years or when ninety percent of the number of lots are sold, whichever occurs first.

283 E. Temporary Window Signs. Such signs shall not obscure more than forty percent of the total transparent area of a window or group of windows. F. Auction Signs. One freestanding or wall sign may be permitted, subject to the following requirements. It shall be displayed no sooner than one week prior to the date of the auction. The sign shall not exceed twenty-one square feet in area per face and eight feet in height. Such signs shall be removed no later than the day following the auction. (Ord. O (part), 2008; Ord. O (part), 2003; Ord (part), 1996) Temporary signs. A. Temporary Sign Permit Application. An application shall be submitted on forms prescribed by the city manager. The application shall include the size of the sign, a description of the proposed location of the sign, and the length of time the sign will be displayed. The application shall also contain the name and address of the applicant and the applicant s signature. B. Fees and Approval. Only the temporary signs cited in subsection C of this section shall be subject to the fees set forth in this chapter, except as otherwise provided. Each temporary sign permit application shall be accompanied by a fee as required by the city s schedule of fees and penalties as approved through resolution of the city council. Application and fees shall be submitted at least five working days prior to the planning commission s monthly meeting. Approval may be given by the city manager, planning commission chairman or planning commission. C. Grand Opening, Special Event, Special Sale Signs or Banners. The city manager shall have the authority to approve requests for advertising devices, signs or banners for a grand opening, special event or special sale. A permit can be granted for use up to fifteen days. At least sixty days must separate each approved time period. (Ord (part), 1996) Exempt signs. The following signs are exempt from the provisions of this chapter: A. Signs which are authorized and installed by public utility, telephone or cable television companies which serve as an aid to public safety, or which show the location of underground facilities; B. Public signs; C. Signs not visible or not intended to be read from the public right-of-way or from common areas open to the public; D. Garage sale signs. (Ord (part), 1996) Nonconforming signs and uses. Nonconforming signs shall not be altered in any way. Any alteration, relocation or replacement of a nonconforming sign or any part thereof shall require immediate compliance with all provisions of this chapter. If a nonconforming sign is altered, then, the amortization provisions of subsection B of this section shall not apply. A. All nonconforming signs shall be removed or brought into conformance with the requirements of this chapter no later than two years from the effective date of the ordinance codified in this chapter, unless the original cost or most recent renovation of the signs preceding adoption of the ordinance codified in this chapter exceeds one hundred dollars, in which case, the following schedule applies. 1. If either the original cost of the nonconforming sign or the most recent renovation to the sign preceding adoption of the ordinance codified in this chapter exceeds one hundred dollars, then the sign may be maintained and used only for a limited period of time based on the following schedule: Sign Cost or Renovation Cost Maximum Permitted Years from Effective Date of the Ordinance Codified in this Chapter $ 101 to $ 1,000 3 years 1,001 to 3,000 4 years 3,001 to 6,000 5 years 6,001 to 10,000 6 years over 10,000 7 years

284 2. The original cost of a nonconforming sign shall be determined by sign value information submitted at the time a sign permit was issued. If such information was not submitted, the property owner shall submit documentation verifying the original cost of the sign. The property owner shall also be responsible for submitting documentation verifying the cost of the most recent renovation to the sign. If such information is not available, the original cost of the sign shall be used in establishing the date of removal or bringing the sign into conformance. 3. After the applicable permitted number of years has elapsed, the status of the sign reverts from nonconforming to illegal and becomes subject to enforcement proceedings. B. The city manager shall notify owners of property on which nonconforming signs are located of the amortization process and schedule for bringing the signs into conformance or removal, however, failure of the city manager to so notify shall not act to extend the applicable time frame for compliance with the provisions of this chapter. A nonconforming sign which, after the expiration of the applicable maximum permitted years, if not removed, shall be illegal. 1. All signs which comply with the provisions of this chapter and are associated with nonconforming land uses will be allowed to be continued, as long as the nonconforming use retains its status. 2. Signs for which variances were granted prior to the effective date of the ordinance codified in this chapter shall be subject to all portions of this section with the exception of subsection A of this section. 3. A sign legally erected and maintained on property prior to annexation into the city and which fail to conform to the provisions of this chapter, shall be brought into conformance within two years of the effective date of the ordinance codified in this chapter. The amortization schedule in subsection (A)(1) of this section shall not apply to such signs. (Ord (part), 1996) Nuisance signs. A. A sign constitutes a public nuisance under this chapter if: 1. It is in violation of this chapter; 2. It is deposited, left, displayed or located in the public right-of-way without authorization from the city, except a public sign; or 3. It is a sign which, due to location or conditions, poses a threat to the public health, safety or welfare. B. The city manager is authorized to cause the removal and disposal of any signs which constitute a public nuisance in the following manner: 1. Five days after written notice of the violation is mailed or twenty-four hours after notice is delivered in person to the person owning or controlling the nuisance sign the city manager/planning commission may have the sign removed and stored. The sign shall be stored for thirty days, and if unclaimed within thirty days of removal, it shall be presumed to be abandoned, and may be immediately sold, destroyed or otherwise disposed of. 2. If the nuisance sign is determined by the planning commission to create a hazard to the public, for example, signs on the paved portion of the street or signs placed upon official traffic control signs, the five days advance notice need not be given and the sign may be immediately removed. Notice shall be given within one working day after removal. 3. If the person responsible for the sign is not readily identifiable by the sign itself or by contacting adjacent property owners, the sign may be removed immediately without notice. If within the thirty days storage period, the person responsible for the sign becomes identified, then, notice should be made. 4. If a previous notice has been given that a nuisance sign or substantially similar nuisance sign is again erected or placed (a change of copy or location does not constitute a different sign), any sign may be removed without further notice and stored for thirty days before further disposal. In such event, notice shall be given subsequent to removal and the owner shall be given an opportunity for a hearing before the planning commission to contest the violation and removal. The request for a hearing shall be made within three work days after removal and the hearing shall be held within ten work days after removal. The scope of the hearing shall be limited to whether there was a subsequent violation and whether the sign was

285 a nuisance. Upon request, a written decision shall be made concerning the violation and removal procedure. The decision of the planning commission may be appealed to the city council as provided by ordinance. 5. A responsible party desiring to claim a sign which has been removed and stored may do so, provided the claim is presented within thirty days of removal and that the cost of removal and storage is an amount not less than ten dollars for each sign and is paid to the city in advance. (Ord (part), 1996) Prohibited signs and advertising devices. The following signs or advertising devices are illegal and expressly prohibited by this chapter. No such sign or device shall be placed anywhere within the city limits. 1. Abandoned signs; 2. Advertising bench-type signs; 3. Pennants, streamers, festoon lighting, banners, inflatable signs including blimps and/or hot or cold air balloons except as provided by this chapter. Nothing contained in this section shall be construed to prohibit the display of the flag of the United States, the state of Oregon or other political subdivision; 4. Flashing sign; 5. Illuminated signs which direct light into a residence; 6. Obscene sign; 7. Obstruction sign; 8. Reserved; 9. Portable sign, except for real estate signs; 10. Rotating or moving signs; 11. Search lights or beacons; 12. Signs attached to trees or public utility poles, except public signs; 13. Signs mounted on public property or within the public right-of-way, except public signs; 14. Signs on Vehicles. Signs attached to or located on a stationary vehicle or trailer which is visible from a public right-of-way, and infrequently moved or moved primarily for display of the sign; 15. Signs resembling official traffic signs or signals. Signs stating stop, go slow, caution, danger, and warning, except as officially authorized or installed by the city, state Department of Transportation or the county; 16. Signs using bare-bulb illumination or signs with a visible immediate source of illumination, except when permitted by this chapter; 17. Strobe lights; 18. Structurally unsafe sign; 19. Any sign which is erected, placed, maintained or used which fails to comply with a specific provision of this chapter; 20. Except for permitted, nonconforming signs, any sign for which a permit is required, but for which no permit has been issued; 21. Signs which have lost their status as nonconforming signs either due to alteration, relocation, replacement, or due to the expiration of the applicable amortization period will receive thirty days notice to comply with this chapter after which a fine will be levied; 22. Signs associated with illegal uses according to provisions of the planning commission review; 23. Signs which constitute a public nuisance; 24. Readerboard signs, and computer electronically controlled signs except for temperature and time; exception, automobile service stations as expressly provided. (Ord. O (part), 2008; Ord (part), 1996) Sign maintenance. All signs shall be maintained in good order and repair at all times. Signs which have become faded, worn or which pose a danger to members of the public shall be repaired or removed. (Ord (part), 1996) Criteria for sign permits All signs. All sign changes, alterations, relocations, construction and new developments shall follow the same

286 processes and guidelines. The process for review will require the following items: A. Permit application obtained from city hall and accompanied by an appropriate fee; B. Details of proposed signs accompanied with a diagram or sketches of proposed signs; C. Location of building and location of placement/renovation, change, alteration, construction of development where signs will be placed; D. Total size/area of sign height, color and type of sign; E. Method of illumination; F. Method of support; G. Approximate sign area for all existing signs pertaining to business or development and distance between signs; H. In new development or construction, additional plans and pertinent information, when deemed necessary and appropriate, shall be required to ensure compliance with this chapter and other applicable ordinances. (Ord (part), 1996) Planning commission review. In addition to provisions of this chapter, all signs, except temporary signs and those which are exempt from provisions of this chapter, shall be subject to an objective review of all information submitted. This information should be submitted five working days prior to the planning commissions monthly meeting. The decision reached on all signs, shall be based on the requirements contained in Section of this chapter. In addition, construction shall be compatible with surrounding architectural design to promote and give consideration to location of signs, design or building, landscaping, visibility, construction, quantity of existing signs, pedestrian activities and traffic patterns. (Ord (part), 1996) Permits Approval and fees. A. Sign Permit Application. Application for a sign permit shall be submitted on forms prescribed by the city manager. The application shall address all criterion listed in Section In addition, the application shall contain the names and addresses of the sign contractors, if any, the applicant, the owner of the property on which the sign will be erected and the property owner s consent. A separate application shall be submitted for each sign. B. Sign Permit. The city manager shall issue a sign permit when all applicable provisions of this chapter have been met. Except as otherwise provided, a separate sign permit shall be obtained for each sign. C. Sign Permit Fee. Each sign permit application shall be accompanied by a sign permit fee as required by the city s schedule of fees and penalties as approved through resolution of the city council. D. Double Fees. When a sign is erected or placed prior to approval of a required sign permit, the sign permit application fee specified in the city s schedule of fees and penalties as approved through resolution of the city council shall be doubled. Payment of the double fee shall not relieve an applicant from fully complying with the requirements of this chapter or from penalties prescribed in this chapter. (Ord (part), 1996) Variances. A. Authorization to Grant or Deny Variances. The planning commission may authorize a variance from the requirements of this chapter when it is shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of this chapter would cause an undue hardship. In granting a variance, the planning commission may attach conditions that it finds necessary to protect the best interests of the surrounding property, and to meet the purposes of this chapter. B. Conditions for Granting a Variance. No variance shall be granted by the planning commission unless the commission finds that all of the following criteria exists. The burden is upon the applicant to demonstrate that each of the following criteria exist. 1. Exceptional or extraordinary conditions apply to the property or building that do not apply generally to other properties or buildings in the same planning district or vicinity, which conditions are a result of lot or building size or shape, topography or other physical circumstances applying to the property over which the applicant has no control.

287 2. The hardship does not result from actions of the applicant, the tenant or previous tenant, or from personal circumstances such as age or financial situation of the applicant, or from regional economic conditions. 3. The variance is necessary for the preservation of the property right of the applicant. 4. The authorization of the variance shall neither be materially detrimental to the purposes and goals contained in this chapter, nor be injurious to property in the planning district or vicinity in which the property is located. 5. The variance requested is the minimum variance from the provisions and standards of this chapter that will alleviate the hardship. 6. The variance shall not be for the convenience of the applicant or for the convenience of a regional or national business which may prefer to use a standard sign or sign feature. (Ord. O (part), 2003; Ord (part), 1996) Inspection. All signs for which a sign permit is required shall be subject to inspection by a member of the planning commission, or the city manager. Inspection may include, but shall not be limited to the following: A. Site inspection to assure compliance with the decisions of the planning commission, the sign permit criteria, if any, and provisions of this chapter; B. Structural inspection; C. Inspection of braces, anchors, supports and wall connections. (Ord (part), 1996) Appeals process. A decision of the planning commission s review on a sign application may be appealed to the city council. (Ord (part), 1996) Enforcement. The city manager is authorized to enforce the provisions of this chapter and to direct the removal of any illegal signs. When the planning commission/city manager has determined that a violation of this chapter exists, a written notice shall be served to the owner of the sign or the owner of the premises on which the sign is located. Additional notice is not required if a written notice was previously served to the responsible person regarding a substantially similar sign on the same premises. Notice shall be delivered to the person allegedly responsible for the sign by certified mail with return receipt requested. Multiple sign violations may be incorporated into a single notice. The notice shall contain at least the following information. A. A description of the sign condition to identify the violation; B. A statement describing how the recipient of the notice is responsible for the condition; C. A statement that the condition or the sign has been found to violate this chapter with a brief and concise description of the nature of the violation; D. A statement of the action required to remedy the violation and a date by which the remedy must be completed. Unless otherwise provided, permanent signs shall be remedied in not more than fourteen days and temporary signs shall be remedied in not more than forty-eight hours; E. If the sign is determined to be a nuisance, then a statement to that effect shall be included. (Ord (part), 1996) Responsibility for violations. It is intended that sign violations result in a penalty even though the responsible party does not knowingly or intentionally violate the provisions of this chapter. The mere fact that a violation exists and that a person is responsible or owns or controls the property on which the sign violation occurs, is sufficient to initiate enforcement proceedings and impose penalties. A person may be found liable, responsible or guilty of an alleged sign violation by reason of ownership, control or possession of the sign or the property on which the sign exists or has existed by reason of such person being the proximate cause of such sign s condition. (Ord (part), 1996) Penalties. It is a violation not to comply with any of the provisions of this chapter. It is also a violation to erect, maintain or use a sign contrary to this chapter. Con-

288 viction of a violation of any provision of this chapter will result in a penalty. Each day that a violation exists shall constitute a separate offense with a fine as required by the city s schedule of fees and penalties as approved through resolution of the city council. (Ord (part), 1996) Cumulative remedies. The rights, remedies and penalties provided in this chapter are cumulative and not mutually exclusive, and are in addition to any other rights, remedies and penalties available to the city under any other provisions of law. All officials, departments and employees of the city vested with authority to issue permits or grant approvals shall adhere to and require conformance with this chapter, and shall issue no permit or grant approval for any sign which violates or fails to comply with the conditions or standards imposed by this chapter. Any permit or approval issued or granted in conflict with the provisions of this chapter, whether intentional or otherwise, shall be void. (Ord (part), 1996) Chapter PLANNED DEVELOPMENT Sections: Purpose Applicability of provisions Administration Submittal requirements Allowed uses Applicability of development standards Common open space Approval criteria Purpose. The purposes of the planned development review process are to: A. Provide a means for creating planned environments by applying flexible standards, which allow the use of innovative design techniques which will result in a superior living arrangement; B. Facilitate the efficient use of land while preserving the existing landscape features and amenities to a greater extent than the normal standards of this title would allow; C. Encourage transferring density and development to the most suitable portions of the site; D. Encourage design features, which provide a variety of housing opportunities, public recreation and other community amenities; and E. Promote protection or avoidance of important natural and hazardous areas by using flexible standards and incentives. (Ord. O (part), 2004) Applicability of provisions. A. Planned development review may apply to site plan review (Chapter ), conditional use (Chapter ) and subdivision (Chapter ) proposals at the request of the applicant. B. Planned development review shall not apply in the limited commercial (LC) district. (Ord. O (part), 2004) Administration. Planned developments shall be administered and reviewed as a planning commission decision in conjunction with the related site plan review, conditional use and/or subdivision application in accordance with Article II of this title. (Ord. O (part), 2004) Submittal requirements. A. The application and support information required by this title for a related site plan review, conditional use and/or subdivision application shall be submitted. B. The applicant shall also provide supporting narrative, illustrations, plans, related information to clearly identify all requirements in this title that area proposed for modification as part of the planned development, and a demonstration of compliance with the provisions of this chapter. (Ord. O (part), 2004)

289 Allowed uses. A planned development may contain a mixture of uses subject to the density provisions of the base zone. Subject to Section , the following uses may be allowed within the UGB as part of a planned development approval in addition to the permitted and conditional uses allowed by the base zone: A. Accessory services directly serving the planned development only and which are customary or associated with, but clearly incidental to, the residential uses permitted in the base zone; B. Community building; C. Indoor and/or outdoor recreation facilities including fitness center, racquetball court, swimming pool, tennis court or similar use; and D. Recreational vehicle storage area, which only serves residents in the planned development. (Ord. O (part), 2004) Applicability of development standards. A. Except as provided in Section (B), the development standards of the base zone and this title shall continue to pertain to a planned development. B. The following standards of this title are optional within a planned development: 1. Minimum lot size for lots that do not abut another property in the same or a more restrictive zoning district; 2. Minimum average lot width for lots that do not abut another property in the same or a more restrictive zoning district; 3. Minimum average lot depth for lots that do not abut another property in the same or a more restrictive zoning district; 4. Side and rear yard setbacks for buildings that are more than fifty feet away from the perimeter of the planned development; 5. Building height may be increased to fifty feet for buildings that are more than fifty feet away from the perimeter of the planned development; and 6. When more than one zoning district applies to the site, the zone designations may be moved within the boundaries of the planned development, provided the total area of each zoning district remains the same. (Ord. O (part), 2004) Common open space. A. The planned development shall provide a minimum amount of usable common open space and recreational facilities such as playgrounds, bike and pedestrian trails, swimming pools, tennis courts and similar facilities according to the following: 1. Twenty percent on-sites between zero and ten acres; 2. Fifteen percent on-sites between ten and fifty acres; and 3. Ten percent on-sites greater than fifty acres. The open space necessary to meet this requirement shall not include riparian and wetland areas, including required buffer areas, or steep slopes. They shall also be improved and landscaped to reflect the intended character of the development, as approved by the planning commission. All common open space areas shall be minimum of one thousand square feet with minimum dimensions in any direction of ten feet. B. To the extent feasible, the planned development shall retain the natural topographic features, such as drainage swales, slopes, ridgelines, rock outcroppings, vistas, natural areas and trees. C. Designated common open space shall comply with the following: 1. The open space area shall be shown on the final plan or plat and recorded in a manner required by the city manager; and 2. The open space shall be conveyed in accordance with one of the following methods: a. By dedication to the city as publicly-owned and maintained as open space. Open space proposed for dedication to the city must be acceptable with regard to the size, shape, location, improvement, and budgetary and maintenance limitations; b. By leasing or conveying title (including beneficial ownership) to a corporation, home association or other legal entity, with the city retaining the development rights to the property. The terms of such lease or other instrument of conveyance must include

290 provisions suitable to the city manager for guaranteeing the following: i. The continued use of such land for the intended purposes, ii. Continuity of property maintenance, iii. When appropriate, the availability of funds required for such maintenance, iv. Adequate insurance protection, and v. Recovery for loss sustained by casualty and condemnation or otherwise. 3. By any alternative method which, achieves the objectives set forth in subsection (c)(2) of this section. (Ord. O (part), 2004) Approval criteria. The approval authority shall approve, approve with conditions, or deny a planned development based upon the following approval criteria: A. All proposed uses under Section shall be consistent with the residential character of the proposed development and compatible with existing or planned development on surrounding properties. B. The alternative design and/or development standards under Section shall provide a character for the development that is the same or better than the character which would result by using the normal requirements of this title. C. The common open space requirement of Section shall be satisfied. D. The applicable requirements of this title for the related site plan review, conditional use or subdivision application shall be satisfied. (Ord. O (part), 2004) Article V. Development Review Chapter SITE PLAN REVIEW Sections: Purpose Applicability of provisions Administration Submittal requirements Site conditions Site plan Grading plan Architectural drawings Landscape plans Sign plan Approval standards Exceptions to provisions Agreement and security Maintenance Purpose. A. The purpose of the site plan review provisions is to establish process and standards for the review of development proposals to assist in conserving and enhancing the appearance of the city and to assist in promoting functional, safe and innovative site development. B. It is in the public interest that this chapter be applied to: 1. Eliminate undue burdens on public facilities; and 2. Assure that scale, layout and design are compatible with the surrounding environment and the character of the surrounding neighborhood or area. C. The intent is to assure that: 1. There is compatibility between adjoining uses; 2. Privacy is maximized; 3. Private and common outdoor space is provided; 4. Vehicular, pedestrian, and bicycle access and circulation is safe and convenient; 5. Parking areas are made attractive and safe; 6. The site is well drained; 7. The needs of the handicapped are met; 8. Adequate landscaping is provided to assure visual quality; and 9. Crime prevention and public safety factors are considered. (Ord (part), 1996)

291 Applicability of provisions. Site plan review shall be applicable to all new developments and major modifications of existing developments, except it shall not apply to: A. Single-family detached dwellings; B. A duplex, not being reviewed as part of any other development; or C. Proposed minor modification of an existing development which does not cause or create: 1. An increase in dwelling unit density or increase in lot coverage for residential development; 2. A change in the ratio or number of different types of dwelling units; 3. A need for additional on-site parking in accordance with this title; 4. An increase in the height of the building(s) by more than twenty percent; 5. A change in the type and location of accessways and parking areas where off-site traffic would be affected; 6. An increase in vehicular traffic to and from the site of more than twenty vehicles per day as determined by using the International Transportation Engineer s (ITE) Manual or a professional traffic engineer; 7. An increase in the floor area of nonresidential uses by more than ten percent, excluding expansions under five thousand square feet; 8. A reduction in project amenities below the minimum established by this title or by more than ten percent where specified in the approved site plan including: a. Recreational facilities, b. Screening and buffer areas, and/or c. Landscaping and open space; and 9. A modification of the conditions imposed at the time of site plan review approval which are not the subject of subsection (C)(1) through (C)(8) of this section. D. Alterations which cause or create one or more of the impacts listed in subsection (C) of this section shall be considered as a major modification. (Ord (part), 1996) Administration. A. Site plan review applications and major modifications to existing development shall be administered and reviewed as a planning commission review in accordance with Article II of this title. B. Minor modifications, as described in Section (C), shall be administered and reviewed as a city manager decision in accordance with Article II of this title. C. Permits to construct a single-family residence or duplex shall be administered and reviewed as an administrative decision in accordance with Article II of this title. (Ord (part), 1996) Submittal requirements. A. In addition to the application form and information required in Section , the applicant shall submit each of the following: 1. A site plan, with the number of copies to be determined at the preapplication conference, and necessary data or narrative which explains how the development conforms to the standards, and: a. The site plans and required drawings shall be drawn on sheets preferably not exceeding eighteen inches by twenty-four inches; b. The scale for site plan shall be an engineering scale; and c. All drawings of structure elevations or floor plans shall be a standard architectural scale, being one-fourth inch or one-eighth inch. 2. The site plan, data and narrative shall include the following: a. An existing site conditions analysis as described in Section ; b. A site plan, as detailed in Section ; c. A grading plan as detailed in Section ; d. Architectural elevations of all structures as detailed in Section ; e. A landscape plan as detailed in Section ; f. A sign plan as detailed in Section ; and

292 g. A copy of all existing and proposed restrictions or covenants. B. The manager may require information in addition to that required by this chapter when it is found that certain information is necessary to properly evaluate the application. C. The manager may waive a specific requirement for information when it is found that such information is not necessary to properly evaluate the application. (Ord (part), 1996) Site conditions. The site analysis drawings shall include: A. A vicinity map showing streets and access points, pedestrian and bicycle pathways, transit stops and utility locations; B. The site size and its dimensions; C. Contour lines at two-foot contour intervals for grades zero to ten percent and five-foot intervals for grades over ten percent; D. The location of drainage patterns and drainage courses; E. The location of natural hazard areas including: 1. The one hundred-year floodplain; 2. Slopes in excess of twenty-five percent; 3. Unstable ground (areas subject to slumping, earth slides or movement); 4. Areas having a high seasonal water table within zero to twenty-four inches of the surface for two weeks or more of the year; 5. Areas having a severe soil erosion potential; 6. Areas having severe weak foundation soils; F. The location of resource areas including those shown on the comprehensive plan inventory data: 1. Wildlife habitats; and 2. Wetlands; G. The location of resource areas including those shown on the comprehensive plan inventory data: 1. Rock outcroppings; 2. Trees with six inches diameter or greater measured four feet from ground level; 3. Streams and drainageways; and H. The location of existing structures on the site and proposed use of those structures; and I. The locations and types 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 city manager. See Section for noise provisions. (Ord (part), 1996) Site plan. The proposed site plan shall be at the same scale as the site analysis and shall include the following information: A. The proposed site and surrounding properties; B. Contour line intervals as required by Section (C); C. The location, dimensions and names of all: 1. Existing and platted streets and other public ways and easements on the site and on adjoining properties, and 2. Proposed streets or other public ways and easements on the site; D. The location and dimensions of: 1. Entrances and exits on the site, 2. Parking and circulation areas, 3. Loading and service areas, 4. Pedestrian and bicycle circulation, 5. Outdoor common areas, and 6. Above ground utilities; E. The location, dimensions and setback distances of all: 1. Existing structures, improvements and utilities on the site or which are located on adjacent property within twenty-five feet of the site and are permanent in nature, and 2. Proposed structures, improvements and utilities on the site; F. The location of all areas to be landscaped; G. The location and type of outdoor lighting, considering crime prevention techniques; H. The location of mailboxes; I. The location of proposed utility lines; J. The location of all structures and their orientation; and

293 K. The size and location of mixed solid waste and recyclables storage areas. (Ord (part), 1996) Grading plan. The site plan shall include a grading plan at the same scale as the site analysis drawings and shall contain the following information: A. Requirements in Sections and ; B. The location and extent to which grading will take place indicating general contour lines, slope ratios and slope stabilization proposals; C. A statement from a registered engineer supported by factual data substantiating: 1. The validity of the slope stabilization proposals; 2. That any increase in intensity of the runoff caused by development must be facilitated on the site and the intensity of runoff leaving the site in its developed state shall not exceed that in its undeveloped state. The statement shall include as a minimum a storm frequency of occurrence of ten years or greater, depending upon evaluation of potential for damage when a storm of higher frequency occurs; 3. When on-site detention of an increased volume of water caused by development is not feasible or acceptable, a plan which identifies and which mitigates any off-site adverse effects resulting from increased runoff shall be prepared by a registered civil engineer; and 4. Compliance with clean water services requirements for erosion control during construction. (Ord. O (part), 2002; Ord (part), 1996) Architectural drawings. The application shall include: A. Floor plans indicating the square footage of all structures proposed for use on-site; and B. Typical elevation and section drawings of each structure. (Ord (part), 1996) Landscape plans. A. The landscape plan shall be drawn at the same scale as the site analysis plan, or a larger scale if necessary, and shall indicate: 1. Location of underground irrigation system sprinkler heads where applicable; 2. Location and height of fences, buffers and screening; 3. Location of terraces, decks, shelters, play areas and common open spaces; and 4. Location, type, size and species of existing and proposed plant materials. B. The landscape plan shall include a narrative which addresses: 1. Soil conditions; 2. Erosion control measures that will be used; and 3. A plan for soil treatment such as stockpiling the top soil. (Ord (part), 1996) Sign plan. A. Sign drawings shall be submitted in accordance with Chapter of this title. B. Freestanding signs shall be described at the time of site plan review by identifying: 1. Location of any freestanding signs shown on the site plan; and 2. A drawing to scale submitted to the city manager showing the dimensions, height, color, material and means of illumination of the sign. (Ord (part), 1996) Approval standards. The planning commission shall approve, approve with conditions or deny an application based on findings of fact with respect to the approval standards of this section. A. Provisions of the following parts of this title: 1. Accessory uses and structures Chapter ; 2. Additional yard and setback requirements Section ; 3. Base zone requirements Chapters through ;

294 4. Building height exceptions Section ; 5. Circulation and access Chapter ; 6. Landscaping and screening Chapter ; 7. Parking and loading Chapter ; 8. Public facility and service requirements Chapter ; 9. Flood plain and drainage hazard areas Chapter ; 10. Signs Chapter ; 11. Solar balance point standards Chapter ; 12. Tree removal Chapter ; 13. Vision clearance Chapter ; and 14. Neighborhood circulation Chapter B. Relationship of the Natural and Physical Environment. 1. Buildings shall be: a. Located to preserve existing trees, topography and natural drainage to the degree possible; b. Located in areas not subject to ground slumping or sliding; c. Located to provide adequate distance between adjoining buildings on-site and off-site to provide for adequate light, air circulation and fire fighting; and d. Oriented with consideration for sun and wind. 2. Trees having a six-inch diameter or greater diameter, four feet from the base, shall be preserved or replaced by new plantings of equal character. C. Exterior Elevations. 1. Along the vertical face of single-family attached and multi-family structures, offsets shall occur at a minimum of every thirty feet by providing any two of the following: a. Recesses (decks, patios, entrances, floor area, etc.), of minimum depth of eight feet, b. Extensions (decks, patios, entrances, floor area, etc.), of minimum depth of eight feet, a maximum length of an overhang shall be twenty-five feet, or c. Offsets or breaks in roof elevations of three or more feet in height. D. Buffering, Screening and Compatibility between Adjoining Uses. 1. Buffering shall be provided between different types of land uses (for example, between singlefamily and multi-family residential, and residential and commercial), and the following factors shall be considered the adequacy of the type and extent of the buffer (see Chapters and for specific provisions); a. The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, to provide a visual barrier, b. The size of the buffer required to achieve purpose in terms of width and height, c. The directions from which buffering is needed, d. The required density of the buffering, and e. Whether the viewer is stationary or mobile. 2. 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 (see Chapters and for specific fence and screening provisions): a. What needs to be screened, b. The direction from which it is needed, c. How dense the screen needs to be, d. Whether the viewer is stationary or mobile, and e. Whether the screening needs to be year round. E. Privacy and Noise. 1. Structures which include residential dwelling units shall provide private outdoor areas, that are screened from adjoining units; 2. Structures shall be oriented in a manner which protects private spaces on adjoining properties from view and noise; 3. Residential units shall be located on the portion of the site having the lowest noise levels; 4. On-site uses which create noise, lights, or glare shall be buffered from adjoining residential

295 uses (see subsection (D)(2) of this section for specific provisions); and 5. All uses and structures shall comply with the provisions of Title 8 of this code. F. Private Outdoor Areas Residential Uses. 1. In addition to the requirements of subsection (D)(2) of this section, each ground level residential living unit shall have an outdoor private area (patio, terrace, porch), and shall be at least forty-eight square feet in size with a minimum width dimension of four feet and: 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; 2. Wherever possible, private outdoor open spaces should be oriented toward the sun; and 3. Private outdoor spaces shall be screened or designed to provide privacy for the users of the space. G. Shared Outdoor Recreation Areas Residential Uses. 1. In addition to the requirements of subsections (E) and (F) of this section, usable outdoor recreation space shall be provided in residential development for the shared or common use of all residents in the following amounts: a. Studio size up to and including two-bedroom units, two hundred square feet per unit, b. Three or more bedroom units, three hundred square feet per unit, and c. For manufactured/mobile home parks, two hundred fifty square feet per dwelling with each shared outdoor recreation area having a minimum size of two thousand five hundred square feet. 2. The required recreation space may be provided using one or more of the following options: a. It may be all outdoor space, b. It may be part outdoor space and part indoor space, for example, an outdoor tennis court and indoor recreation room, c. It may be all public or common space, d. 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, or e. Where balconies are added to units, the balconies shall not be less than forty-eight square feet. 3. Shared outdoor recreation space shall be readily observable for reasons of crime prevention and safety; 4. Parks shall be conveniently located so as to provide direct public access and availability from a public street; 5. Parks shall be bordered by at least one public street for a sufficient distance to encourage public use and provide visual access. H. Where landform alteration and/or development are allowed within and adjacent to the one hundred-year floodplain, the city shall require the preservation of open space within the one hundred-year floodplain as provided in Chapter I. Demarcation of Public, Semipublic and Private Spaces Crime Prevention. 1. 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 2. These areas may be defined by: a. A deck, patio, low wall, hedge or draping vine, b. A trellis or arbor, c. A change in the texture of the path material, d. Signs, or e. Landscaping; J. Crime Prevention and Safety. 1. Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; 2. Interior laundry and service areas shall be located in a way that they can be observed by others; 3. Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; 4. The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime; and 5. 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. Fixtures shall be placed at a height so that light patterns overlap at a

296 height of seven feet which is sufficient to illuminate a person. K. Parking and Circulation. In addition to the provisions of this title, the following shall apply to all uses: 1. The parking area shall have less than a five percent grade, and shall be free of areas which pond water; 2. Pedestrian walkways shall be provided in parking areas having fifteen or more spaces; 3. The parking and circulation patterns shall be clear to minimize traffic hazards and congestion and to facilitate emergency vehicles; and 4. If any parking is provided for the public or visitors, or both, the needs of the handicapped shall be considered and accommodated. L. Landscaping. 1. All landscaping shall be designed in accordance with the requirements set forth in this title Article IV, Chapter Residential Uses. In addition to the open space and recreation area requirements of subsections (E) and (F) of this section, a minimum of twenty-five percent of the gross area including parking, loading and service areas shall be landscaped. 3. Non-residential Uses. A minimum of fifteen percent of the gross site area shall be landscaped with landscaping located within parking areas. 4. Parking, Loading or Service Areas. a. A parking, loading or service area which abuts a street shall be set back from the right-of-way line by a landscaped strip at least five feet in width and the landscaped area shall comply with the provisions of Chapter b. A parking, loading or service area which abuts a property line shall be separated from the property line by a landscaped area that complies with the provisions of Chapter M. Drainage. All drainage plans shall be designed in accordance with criteria within the city s public facilities plan. N. Manufactured/Mobile Home Park Standards. In addition to the other applicable standards of this title, a Manufactured/Mobile Home Park shall comply with all of the following criteria: 1. A minimum lot gross area of one acre; 2. A minimum frontage of one hundred feet; 3. A minimum depth of one hundred fifty feet; 4. A front and rear yard setback of twenty-five feet; 5. A side yard setback of ten feet, except on a corner lot abutting a street side yard shall be twentyfive feet; 6. Evidence shall be provided that the park will be eligible for a certificate of sanitation required by state law; 7. Each manufactured/mobile home shall be adequately serviced by public facilities such as, but not limited to, water supply, sewers, sidewalks, street lights and improved streets; 8. Each unit shall be provided with full public utilities including but not limited to water, sewer, electrical connection and cable television; 9. No mobile home, accessory building or other structure shall be closer than eight feet from another mobile home, accessory building or other structure; 10. Each vehicular way in a mobile home park shall be named and marked with signs which are similar in appearance to those used to identify public streets; and a map of the named vehicular ways shall be provided to the fire district and the police department; 11. If a mobile home space or permanent structure in the park is more than five hundred feet from a public fire hydrant, the park shall provide: a. Water supply lines designed with fire hydrants which shall be provided within five hundred feet of such space or structure; and b. Each hydrant within the park shall be located on a vehicular way and shall conform in design and capacity to city and water and fire district standards. 12. There shall be no outdoor storage of furniture, tools, equipment, building materials or supplies belonging to the occupants or management of the park; 13. The manufactured/mobile home shall have a garage to be constructed of materials matching those of the manufactured/mobile home. The garage shall be in place on the property prior to occupancy of the manufactured/mobile home;

297 14. Accessways or driveways shall be lighted in accordance with city standards; 15. Primary access to the manufactured/mobile home park shall be from a public street; a. Where necessary, additional street right-ofway shall be dedicated to the city to maintain adequate traffic circulation into and out of the park. b. Private access driveways connecting units to a public street shall have a width of not less than thirty-six feet, of which not less than twenty-four feet shall be paved. c. Driveways shall be designed to provide for all maneuvering and parking of units without encroaching on a public street. O. Mixed Solid Waste and Recyclable Storage. 1. Applicability. The mixed solid waste and source separated recyclables storage standards in this subsection shall apply to new multi-family residential buildings containing five or more units and nonresidential construction that are subject to site plan or conditional use review. 2. General Requirements. a. The storage area requirement is based on the predominant use(s) of the building, (i.e., residential, office, retail, educational/institutional or other). If a building has more than one of the uses listed in subsection (O)(3) of this section and that use occupies twenty percent or less of the floor area of the building, the floor area occupied by that use shall be counted toward the floor area of the predominant use(s). If a building has more than one of the uses listed in subsection (O)(3) of this section and that use occupies more than twenty percent of the floor area of the building, then the storage area requirement for the whole building shall be the sum of the requirement for the area of each use. b. Storage areas for multiple uses on a single site may be combined and shared. c. The specific requirements are based on an assumed storage height of four feet for solid waste/recyclables. Vertical storage higher than four feet but no higher than seven feet may be used to accommodate the same volume of storage in a reduced floor space (potential reduction of forty-three percent of specific requirements). Where vertical or stacked storage is proposed, the site plan shall include drawings to illustrate the layout of the storage area and dimensions of containers. 3. Specific Requirements. a. Multi-unit residential buildings containing five to ten units shall provide a minimum storage area of fifty square feet. Buildings containing more than ten residential units shall provide an additional five square feet per unit for each unit above ten. b. Non-residential buildings shall provide a minimum storage area of ten square feet, plus. Office: four square feet/one thousand square feet of gross floor area (GFA); Retail: ten square feet/one thousand square feet of GFA; Educational and Institutional: four square feet/one thousand square feet of GFA; Other: four square feet/one thousand square feet of GFA. 4. Location, Design and Access Standards for Storage Areas. The following location, design and access standards for storage areas shall be satisfied. a. Location Standards. i. To encourage its use, the storage area for source separated recyclables shall be located with the storage area for residual mixed solid waste. ii. Indoor and outdoor storage areas shall comply with uniform building and fire code requirements. iii. Storage area space requirements can be satisfied with a single location or multiple locations, and can combine both interior and exterior locations. iv. Exterior storage areas can be located within interior side yard or rear yard areas. Exterior storage areas shall not be located within a required front yard setback or in a yard adjacent to a public or private street. v. Exterior storage areas shall be located in central and visible locations on a site to enhance security for users. vi. Exterior storage areas can be located in a parking area, if the proposed use provides at least the minimum number of parking spaces required for the use after deducting the area used for storage and access. Storage areas shall be appropriately screened

298 according to the provisions in subsection (O)(4)(b) of this section. vii. The storage area shall be accessible for collection vehicles and located so that the storage area must not obstruct pedestrian or vehicle traffic movement on the site or on public streets adjacent to the site. b. Design Standards. i. The dimensions of the storage area shall accommodate containers consistent with current methods of local collection. ii. Storage containers shall meet Uniform Fire code standards and be made and covered with waterproof materials or situated in a covered area. iii. Exterior storage areas shall be enclosed by a sight obscuring fence, wall or hedge at least six feet in height. Gate openings which allow access to users and haulers shall be provided. Gate openings for haulers shall be capable of being secured in a closed and open position. iv. Storage area(s) and containers shall be clearly labeled to indicate the type of materials accepted. c. Access Standards. i. Access to storage areas can be limited for security reasons. However, the storage area shall be accessible to users at convenient times of the day, and to collection service personnel on the day and approximate time they are scheduled to provide collection service. ii. Storage areas shall be designed to be easily accessible to collection trucks and equipment, considering paving, grade and vehicle access. A minimum of ten feet horizontal clearance and eight feet of vertical clearance is required if the storage area is covered. iii. Storage areas shall be accessible to collection vehicles without requiring backing out of a driveway onto a public street. If only a single access point is available to the storage area, adequate turning radius shall be provided to allow collection vehicles to safely exit the site in a forward motion. (Ord. O (part), 2003; Ord. O (part), 2002; Ord (part), 1996) Exceptions to provisions. The planning commission may grant an exception to the dimensional building setback or yard requirements of the applicable zone based on findings that the approval will result in the following: A. A reduction of a required setback which is not greater than fifteen percent; B. Promotion of a more efficient use of the site; and C. Preservation of unique site conditions or features such as wetlands, flood plains, steep slopes or mature trees. (Ord (part), 1996) Agreement and security. The developer and property owner shall, as a condition of approval, execute a development agreement for any public improvements required by site plan review. The agreement shall be on a form approved by the city attorney. The property owner may be required to file with the city a performance bond or other security as approved by the city attorney to assure full performance of the required improvements. The bond shall be for the estimated cost of the improvements plus ten percent. The bond shall remain in effect until the public improvements are accepted by the city. Landscaping shall be installed prior to issuance of an occupancy permit unless the city manager determines that a delay in planting is justified to promote the maintenance of the landscaping. In this case, security equal to the cost of landscaping, as determined by the city manager, must be filed with the city assuring installation of landscaping within six months after occupancy. (Ord (part), 1996) Maintenance. All on-site improvements shall be the ongoing responsibility of the property owner or occupant. Should landscaping materials die after installation, it shall be the ongoing responsibility of the property owner to provide replacement plantings to maintain the intent of the approved landscape plan. All other facilities, including parking areas, walks, signage and other improvements shall be maintained in good serviceable quality so that the quality appearance of the

299 site is maintained at all times. (Ord (part), 1996) Chapter CONDITIONAL USES Sections: Purpose Applicability of provisions Administration Submittal requirements Approval standards Approval standards for specific uses Extended business hours Conditions of approval Exceptions to provisions Agreement and security Maintenance Purpose. A. A conditional use listed in this title may be permitted, enlarged or altered upon authorization of the planning commission in accordance with the standards and procedures of this chapter. B. In permitting such uses, it shall be determined that the use at the particular location is desirable to the public convenience and welfare and not detrimental or injurious to the public health, peace or safety or to the character of the surrounding properties. C. It is in the public interest that this chapter be applied to: 1. Eliminate undue burdens on public facilities; and 2. Assure that scale, layout and design of a proposed conditional use are compatible with the environment and the character of the surrounding neighborhood or area. D. The intent is to assure that: 1. There is compatibility between adjoining uses; 2. Privacy is maximized; 3. Private and common outdoor space is provided; 4. Vehicular, pedestrian, and bicycle access and circulation is safe and convenient; 5. Parking areas are made attractive and safe; 6. The site is well drained; 7. The needs of the handicapped are met; 8. Adequate landscaping is provided to assure visual quality; and 9. Crime prevention and public safety factors are considered. (Ord (part), 1996) Applicability of provisions. A. The provisions of this chapter shall apply to all conditional uses listed in this title. It shall also apply to a proposed major modification of an existing development which is classified as a conditional use as described in Section (C) of this title. B. Minor modifications of an existing conditional use, using criteria described in Section (C), shall not be subject to the provisions of this chapter. C. In the case of a use existing prior to the effective date of this title, and classified in this title as a conditional use, any change in the use or in lot area or an alteration of structure shall conform with the requirements of this chapter for conditional uses. (Ord (part), 1996) Administration. A. Conditional use applications and major modifications of existing conditional uses shall be administered and reviewed as a planning commission decision in accordance with Article II of this title. B. Minor modifications of an existing conditional use shall be administered and reviewed as a city manager decision in accordance with Procedures of this title. (Ord (part), 1996) Submittal requirements. A. The submittal for a conditional use shall be the same as the requirements for site plan review applications in Sections through of this title.

300 B. The manager may require information in addition to that required by this chapter when it is found that certain information is necessary to properly evaluate the application. C. The manager may waive a specific requirement for information when it is found that such information is not necessary to properly evaluate the application. (Ord (part), 1996) Approval standards. A. The planning commission shall approve, approve with conditions or deny an application for a conditional use or major modification of an existing conditional use based on findings of fact with respect to each of the following criteria: 1. The site size and dimensions provide adequate area for the needs of the proposed use; 2. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography and natural features; 3. All required public facilities have adequate capacity to serve the proposal; 4. The applicable requirements of the zoning district are met except as modified by this chapter; and 5. The applicable criteria set forth in Section are met. (Ord (part), 1996) Approval standards for specific uses. Additional approval criteria for specific conditional uses are indicated below. They shall be satisfied in addition to Section and the standards of the applicable zoning district. A. Community Services. 1. If the use is in a residential zone, its location will not by itself or in combination with other nearby conditional uses, decrease the desirability of the area for the retention of existing housing or the development of new housing. 2. The proposal must mitigate differences in appearance or scale through such means as setbacks, screening, landscaping and other design features. 3. Buildings over the required height of the base zone shall have an additional building setback of one foot for every foot over the building height standard. 4. The transportation system is capable of safely supporting the proposed use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, access to collector or arterial streets, transit availability, on-street parking impacts, access requirements and neighborhood impacts. 5. Safe and convenient pedestrian and bicyclist access shall be provided to the site. B. Family Care Day Care Group Home and Adult Day Care. 1. Minimum lot area of eight thousand square feet; 2. Noise buffering for adjoining residential property for outside play areas. C. Hospital. 1. If the use is in a residential zone, its location must not by itself or in combination with other nearby conditional uses, decrease the desirability of the area for the retention of existing housing or the development of new housing. 2. The proposal must mitigate differences in appearance or scale through such means as setbacks, screening, landscaping and other design features. 3. Buildings over the required height of the base zone shall have an additional building setback of one foot for every foot over the building height standard. 4. Nearby properties shall be buffered from potential noise impacts related to activities occurring on the site. 5. The transportation system is capable of safely supporting the proposed use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, access to arterials, transit availability, on-street parking impacts, access requirements, neighborhood impacts, and pedestrian and bicyclist safety. 6. Any ambulance service provided by the hospital shall have direct access to a major collector or arterial street. D. Motel.

301 1. The proposal must mitigate differences in appearance or scale through such means as setbacks, screening, landscaping and other design features. 2. The use shall have direct access to a collector or arterial street. E. Parks and Open Space (in the R-9, R-12, R-15 and R-24 districts). 1. Recreational areas, tennis courts, basketball courts, baseball diamonds and off-street parking lots shall be located a minimum of forty-five feet from any adjoining residential properties. 2. Nearby residential properties shall be buffered from potential noise impacts related to activities occurring on the site. 3. Safe bicycle and pedestrian access shall be available to the site. 4. A plan for adequate maintenance of the park shall be developed. F. Public Safety Facilities. 1. If the use is in a residential zone, its location must not by itself or in combination with other nearby conditional uses, decrease the desirability of the area for the retention of existing housing or the development of new housing. 2. The proposal must mitigate differences in appearance or scale through such means as setbacks, screening, landscaping and other design features. 3. Nearby residential properties shall be buffered from potential noise impacts related to activities occurring on the site. 4. The use shall have direct access to a collector or arterial street. Access to a local street may be allowed only if it is found that adverse traffic impacts will not be created for surrounding properties. G. Quick Vehicle Servicing. 1. All cleaning, repair and maintenance work shall be conducted indoors. 2. No outdoor storage of vehicles or equipment. 3. Nearby properties shall be buffered from potential noise impacts related to activities occurring on the site, including inside the building(s). 4. The transportation system is capable of safely supporting the proposed use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, access to collector or arterial streets, transit availability, on-street parking impacts, access requirements, neighborhood impacts, and pedestrian and bicyclist safety. H. Religious Assembly. 1. If the use is in a residential zone, its location must not by itself or in combination with other nearby conditional uses, decrease the desirability of the area for the retention of existing housing or the development of new housing. 2. Buildings over the required height of the base zone shall have an additional building setback of one foot for every foot over the building height standard. 3. The proposal must mitigate differences in appearance or scale through such means as setbacks, screening, landscaping, and other design features. 4. The use shall have direct access to a collector or arterial street. Access to a local street may be allowed only if it is found that adverse traffic impacts must not be created for surrounding properties. I. Retail Sales and Service Drive-through Facilities. 1. Nearby properties shall be buffered from potential noise impacts related to activities occurring on the site. Special attention shall be given to outdoor speakers. 2. The transportation system is capable of safely supporting the proposed use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, access to collector or arterial streets, transit availability, on-street parking impacts, access requirements and neighborhood impacts. 3. Drive-through facilities shall be designed to provide safe and convenient pedestrian and bicyclist access. J. Schools. 1. Buildings over the required height of the base zone shall have an additional building setback of one foot for every foot over the building height standard. 2. The proposal must mitigate differences in appearance or scale through such means as setbacks, screening, landscaping and other design features.

302 3. The transportation system is capable of safely supporting the proposed use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, access to collector or arterial streets, transit availability, on-street parking impacts, access requirements, neighborhood impacts, and pedestrian and bicyclist safety. 4. Schools shall be designed to provide safe and convenient pedestrian and bicyclist access. 5. Facilities shall be provided to accommodate student drop-off and pick-up by automobiles and buses so that public streets are not adversely affected. K. Utilities. 1. The proposal must mitigate differences in appearance or scale through such means as setbacks, screening, landscaping and other design features. 2. Buildings over the required height of the base zone shall have an additional building setback of one foot for every foot over the building height standard. 3. Utilities intended for public access, such as transit stops or park and ride facilities, shall provide safe and convenient pedestrian and bicyclist access. M. Recreational Vehicle Park. 1. It shall be located in the southeastern corner of the city as illustrated below: 2. The site shall be a minimum of two acres; 3. The number of recreational vehicle or trailer sites shall not exceed fifteen per acre. 4. Public water and sewer facilities shall be provided, including sanitary dumping facilities for recreational vehicles and trailers. 5. All applicable health and sanitation requirements shall be satisfied. 6. Direct driveway access to a collector or arterial street shall be provided and approved by Washington County, ODOT, and/or the city as appropriate. 7. Access and circulation shall be approved by the fire marshal. 8. Individual recreational vehicle and trailer sites shall have a minimum setback of twenty feet from abutting residential properties. Recreation areas, laundry facilities, rest rooms and other similar common buildings or facilities shall have a minimum setback of forty feet from abutting residential properties. 9. At a minimum, landscaping shall comply with the provisions Chapter including the

303 buffering and screening requirements in Sections and For the purposes of this conditional use type, it will be considered as a commercial use when determining buffering and screening requirements. The planning commission may require landscaping, screening or buffering which exceed the minimum standards in Chapter when it is found to be necessary to provide appropriate impact mitigation for surrounding properties. 10. All lighting shall be directed away from adjacent residential districts. (Ord. O (part), 2003; Ord. O (part), 2002; Ord (part), 1996) Extended business hours. A. Hours of operation or use of the conditional uses noted above and all uses located in the limited commercial (LC) zone shall occur between the hours of eight a.m. and ten p.m. Extended hours of operation shall require conditional use review and approval by the planning commission as provided in this chapter. The special submittal requirements and review standards are described in the remainder of this section. B. Submittal Requirements. In addition to the submittal requirements for a conditional use application, the following information shall be provided by the applicant: 1. A traffic analysis which describes the number and types of vehicle trips generated by the use throughout the day; 2. A description of the primary goods or services expected to be sold during the period of the extended hours of operation; 3. A map illustrating the types of land uses and zoning districts within eight hundred feet of the site; and 4. Proposed method(s) for mitigating potential negative impacts on nearby properties. C. Evaluation Criteria. In order to approve extended hours of operation, the planning commission shall find that all of the following criteria can be satisfied: 1. Business uses in the limited commercial (LC) zone shall have a minimum distance of one hundred feet between the nearest customer door of the business building and the nearest residentially zoned property; 2. Uses in non-commercial zones shall have activity areas, such as building entrances, parking lots and loading areas located a minimum of one hundred feet from the nearest residential property; 3. Nearby properties shall be buffered from potential noise impacts related to activities occurring on the site; and 4. All other conditional use criteria of this chapter are satisfied. (Ord (part), 1996) Conditions of approval. In permitting a new conditional use or a major modification of an existing conditional use, the planning commission may impose, in addition to those standards and requirements expressly specified in this title, additional conditions which the commission considers necessary to protect the best interests of the surrounding area or the city as a whole. The conditions may include, but are not limited to the following: A. Increasing the required lot size or yard dimensions; B. Limiting the height, size or location of buildings; C. Controlling the location or number of vehicle access points; D. Increasing the street width; E. Increasing the number of required off-street parking spaces; F. Limiting the number, size, location or lighting of signs; G. Requiring fencing, screening, landscaping or other facilities to protect adjacent or nearby property; H. Designating sites for open space; and I. Requiring interceptors between site, storm, water and other drainage runoff and public storm sewer systems or streams in order to separate such materials as gasoline, oil, grease, detergents or other runoff which may be deemed hazardous to downstream water quality by the city. (Ord (part), 1996)

304 Exceptions to provisions. The planning commission may grant an exception to the dimensional building setback or yard requirements in an applicable zone based on findings that the approval will result in the following: A. A reduction of a required setback which is not greater than fifteen percent; B. Promotion of a more efficient use of the site; and C. Preservation of unique site conditions or features such as wetlands, flood plains, steep slopes or mature trees. (Ord (part), 1996) Agreement and security. The developer and property owner shall, as a condition of approval, execute a development agreement for any public improvements required by site plan review. The agreement shall be on a form approved by the city attorney. The property owner may be required to file with the city a performance bond or other security as approved by the city attorney to assure full performance of the required improvements. The bond shall be for the estimated cost of the improvements plus ten percent. The bond shall remain in effect until the public improvements are accepted by the city. Landscaping shall be installed prior to issuance of an occupancy permit unless the city manager determines that a delay in planting is justified to promote the maintenance of the landscaping. In this case, security equal to the cost of landscaping, as determined by the city manager, must be filed with the city assuring installation of landscaping within six months after occupancy. (Ord (part), 1996) Maintenance. All on-site improvements shall be the ongoing responsibility of the property owner or occupant. Should landscaping materials die after installation, it shall be the ongoing responsibility of the property owner to provide replacement plantings to maintain the intent of the approved landscape plan. All other facilities, including parking areas, walks, signage and other improvements shall be maintained in good serviceable quality so that the quality appearance of the site is maintained at all times. (Ord (part), 1996) Chapter NONCONFORMING SITUATIONS Sections: Purpose Administration Types of nonconforming situations Regulations that apply to all nonconforming situations Specific provisions for nonconforming situations Purpose. Nonconforming uses and development are created when the application of a specific zoning district to a site changes, or a regulation in this title changes. As a result of such changes, existing uses or development might no longer be allowed. The intent of these amendments is not to force all nonconforming situations to be immediately brought into compliance. Instead, the intent is to guide future uses and development in a new direction consistent with city policy. This chapter provides a method to limit modifications to nonconforming situations while allowing the continuation of these situations in a manner that is not unnecessarily burdensome to the property or business owner. (Ord (part), 1996) Administration. A. The manager shall make an administrative decision whether a situation is nonconforming as provided in Article II, Procedures. B. If the applicant wishes to provide evidence to prove legal nonconforming status, such evidence will be reviewed as a city manager decision as provided in Article II. (Ord (part), 1996)

305 Types of nonconforming situations. A. Nonconforming uses are activities that are conducted on a property that are not listed as a permitted or conditional use for the zoning district that applies to the property. B. Nonconforming development or structures are physical site improvements such as buildings, driveways, parking areas, landscaping and signs that do not comply with the dimensional standards of this title. C. Nonconforming residential density applies to residential development which exceeds the maximum allowable density for the zoning district that applies to the property. D. Nonconforming lots of record are parcels of land that do not meet the area or dimensional standards of this title. (Ord (part), 1996) Regulations that apply to all nonconforming situations. A. Ownership changes do not affect the status of nonconforming situations. B. Change to a conforming situation may occur by right as a permitted use or through conditional use approval. Once a conforming situation occupies the property or site, the nonconforming rights are lost and a nonconforming use may not be re-established. C. Normal maintenance and repair of nonconforming situations is allowed. (Ord (part), 1996) Specific provisions for nonconforming situations. A. Nonconforming Uses. 1. Nonconforming uses may continue to operate. Changes in operations are allowed. However, nonconforming uses may not extend their hours of operation beyond the period of eight a.m. to ten p.m. 2. A nonconforming use can not be changed without approval by the city as a permitted or conditional use. 3. Nonconforming uses shall not expand the building floor area or land area occupied on a site. 4. If the nonconforming use is discontinued or abandoned for any reason for a period exceeding six months, any subsequent use shall conform to the regulations specified in this title. 5. When a structure containing a nonconforming use is damaged, the use shall not be reestablished if the repair cost of the structure is more than seventy-five percent of its assessed value. B. Nonconforming Development or Structures. 1. A nonconforming site development or structure may be expanded, enlarged or modified only if such change does not increase its degree of nonconformity with the provisions of this title. 2. When a nonconforming development or structure is damaged, it shall not be re-established if the repair cost of the structure is more than seventyfive percent of its assessed value. C. Nonconforming Residential Density. 1. A residential development that exceeds the applicable density standards may be modified, as provided by this title, if the number of dwelling units is not increased. 2. When a residential structure containing nonconforming residential units is damaged, it shall not be re-established if the repair cost of the structure is more than seventy-five percent of its assessed value. D. Nonconforming Lots of Record. 1. Nonconforming lots may be developed or redeveloped when all relevant requirements of this title are satisfied. (Ord (part), 1996) Chapter VARIANCE Sections: Purpose Applicability of provisions Administration Submittal requirements Approval criteria.

306 Purpose. The purpose of this chapter is to provide standards for the granting of variances from the applicable provisions of this title where it can be shown that, owing to special and unusual circumstances, the literal interpretation of these provisions would cause an undue or unnecessary hardship without a corresponding public benefit. (Ord (part), 1996) Applicability of provisions. A variance application may be requested relating to any provision of this title, except that a variance request to the permitted or conditional use requirements in Chapters through shall not be granted. (Ord (part), 1996) Administration. Variance applications shall be administered and reviewed as a planning commission review in accordance with Article II of this title. (Ord (part), 1996) Submittal requirements. A. In addition to the application form and information required in Section , the applicant shall submit each of the following: 1. A narrative and/or site plan, with the number of copies to be determined at the preapplication conference, which explains the variance satisfies the relevant approval criteria, and: a. The site plans and required drawings shall be drawn on sheets preferably not exceeding eighteen inches by twenty-four inches; b. The scale for the site plan shall be an engineering scale; and c. All drawings of structure elevations or floor plans shall be a standard architectural scale of onefourth inch or one-eighth inch equals one foot. B. The manager may require information in addition to that required by this chapter when it is found that certain information is necessary to properly evaluate the application. C. The manager may waive a specific requirement for information when it is found that such information is not necessary to properly evaluate the application. (Ord (part), 1996) Approval criteria. The planning commission shall approve, approve with conditions or deny an application for a variance based on an evaluation of all of the following criteria: A. The proposed variance will equally or better meet the purpose of the regulation being modified and any associated policies of the comprehensive plan; B. There are special circumstances, such as peculiar lot size or shape, topographic constraints or limitations caused by existing development, over which the applicant has no control, and which are not applicable to other properties in the same zoning district; C. The use proposed is a permitted or conditional use as allowed in the applicable zoning district, and the standards of this code must be maintained to the greatest extent that is reasonably possible while permitting some economic use of the land; D. Existing physical and natural systems, such as but not limited to transportation facilities, utilities and sensitive lands, must not be adversely affected any more than would occur if the use or structure were developed in accordance with the provisions of this title; and E. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. (Ord (part), 1996) Chapter TEMPORARY USES Sections: Purpose Applicability of provisions Administration Submission requirements Approval standards.

307 Purpose. A. The purpose of this chapter is to establish standards for the approval of temporary uses which are: 1. Seasonal or directed toward a specific event; and 2. Consistent with the uses and activities that may be permitted in the relevant zoning district. B. The temporary uses permitted under the provisions of this chapter are intended to be truly temporary in nature and have no adverse impacts on the surrounding area and land uses. Temporary uses have no inherent rights within the zone in which they locate. C. This chapter is not intended to provide a way to circumvent the strict application of the provisions of this title. (Ord (part), 1996) Applicability of provisions. A. Business tax registration, as provided in Chapter 5.04, shall be required for temporary uses. B. Residential, Community Facilities (CF), and Recreational Golf Course (RGC) zones Types of Uses Permitted. 1. Use associated with the sale of fresh fruits, produce and flowers grown on the property. 2. Use associated with construction of roads, utilities or development, including storage of equipment and staging areas for a maximum of three consecutive months. 3. Temporary sales office or model home located within the boundaries of the subdivision or tract of land in which parcels, homes or dwelling units are being sold or rented. C. Limited Commercial (LC) Zone Types of Uses Permitted. 1. Use associated with the sale of fresh fruits, produce, and flowers grown for a maximum of three consecutive months. 2. Use associated with construction of roads, utilities or development, including storage of equipment and staging areas. 3. Temporary building for use only associated with the primary use on the property. 4. Seasonal outdoor sales, such as fireworks and Christmas trees for a maximum of one month. 5. Fairs and carnivals for a maximum of two consecutive weeks. 6. Activities and structures needed as the result of a natural disaster or other health and safety emergency for the duration of the emergency. D. Garage Sales. The provisions of this chapter must not apply to garage sales and other sales of items from the site that occur for no more than three consecutive days on two different occasions during a calendar year. (Ord (part), 1996) Administration. A. Temporary use applications shall be administered and reviewed as a city manager decision as described in Article II of this title. B. Extensions of a temporary use approval shall also be administered and reviewed as a city manager decision. The city manager shall only grant one extension which does not exceed the time limit of the original approval. The city manager shall process the request for an extension as a new application as provided in this chapter. (Ord (part), 1996) Submission requirements. A. In addition to the application form and information required in Section , the applicant shall submit the following: 1. A site plan, with the number of copies to be determined at the preapplication conference, and necessary data or narrative which explains how the development conforms to the standards, and: a. The site plans and required drawings shall be drawn on sheets preferably not exceeding eighteen by twenty-four inches; b. The scale for the site plan shall be an engineering scale; and c. All drawings of structure elevations and floor plans (if required) shall be a standard architectural scale of one-fourth inch or one-eighth inch equals one foot. 2. The site plan, data and narrative shall include:

308 a. The proposed site and its structures, driveways, parking and landscaped areas; b. The number and location of all parking spaces to be used in conjunction with the temporary use; c. The location of any booth, stand, trailer or vehicles; d. The location of any temporary signs; e. The location and type of surrounding land uses and related improvements; and f. The proposed dates and hours of operation. B. The city manager may require information in addition to that required by this chapter when it is found that certain information is necessary to properly evaluate the application. C. The city manager may waive a specific requirement for information when it is found that such information is not necessary to properly evaluate the application. (Ord (part), 1996) Approval standards. A. Temporary uses shall satisfy all of the following criteria: 1. The use must be limited in duration to only accommodate the purposes for which the permit is sought such as fairs or other exhibitions, sales of goods, wares, merchandise, produce or Christmas trees, and other similar temporary needs, but in no case shall the use continue for a period of more than one year; 2. Adequate and safe access must be provided when combined with the other uses of the property, as required by Chapter and Chapter ; 3. Adequate parking for the customers and/or employees as required by Chapter ; 4. Traffic hazards or congestion must not result; 5. Safe and convenient access shall be retained or provided for pedestrians, bicyclists and other nonmotorized traffic; 6. Adverse off-site impacts including noise, odors, vibrations, glare or lights must not affect adjoining uses in a manner which is inconsistent with the requirements of this code; 7. Signs shall be in conformity with Chapter ; and 8. In the case of a request for an extension, the applicant has operated the temporary use in a manner conforming with the conditions of approval required by the city. B. A temporary sales office or model home in residential zones shall also satisfy the following additional criteria: 1. It is located within the boundaries of the subdivision or tract of land in which parcels, homes or dwelling units are being sold or rented; and 2. It is designed to be a permanent residence. (Ord (part), 1996) Chapter HOME OCCUPATIONS Sections: Purpose Applicability and exemptions Nonconforming uses Administration Submission requirements Approval standards Purpose. It is the purpose of this chapter to: A. Permit residents an opportunity to use their homes to engage in small-scale business ventures which could not be sustained if it were necessary to lease commercial quarters, or because the nature of the activity would make it impractical to expand to a larger-scale enterprise; B. Provide an option for people to work at home and not have to commute to work; and C. Establish approval criteria and standards to ensure that home occupations are conducted as lawful uses which are subordinate to the residential use of the property and are conducted in a manner that is not detrimental or disruptive in terms of appearance or operation to neighboring properties and residents. (Ord (part), 1996)

309 Applicability and exemptions. A. No person shall conduct a home occupation, or permit such use to occur on property which that person owns or is in lawful control of, contrary to the provisions of this chapter or Chapter B. Exemptions from the provisions of this chapter are: 1. Garage sales and other sales of items from the site that occur for no more than three consecutive days on two different occasions during a calendar year; 2. Production of produce or other agricultural products grown on the premises. The temporary or seasonal sale of produce or other food products grown on the premises is subject to the provisions of Chapter ; 3. Hobbies which do not result in payment to those engaged in such activity; 4. Proven nonconforming home occupations according to Chapter ; and 5. Care facilities, including family care, residential facility and residential home. (Ord (part), 1996) Nonconforming uses. A. Ongoing home occupations may be granted nonconforming status provided that they were permitted under county authority prior to annexation to the city and have been in continuous operation since county approval. B. A nonconforming situation is further governed by Chapter Such use may continue until the use is expanded or altered so as to increase the level of noncompliance with this title. C. The burden of proving a home occupation s nonconforming status rests with the property owner or tenant. D. Home occupations without city or county approval which cannot prove nonconforming status shall be considered in violation of this chapter and shall cease until the appropriate approvals have been granted. (Ord (part), 1996) Administration. A. Home occupations shall be administered as either Type I or Type II uses. The two types of home occupation are described in the subsections below. 1. A Type I home occupation shall exhibit no evidence that a business is being conducted from the premises. A Type I home occupation shall meet the approval criteria in Section A Type II home occupation may exhibit limited evidence that a business is being conducted from the premises. A Type II home occupation shall meet the approval criteria in Section B. Type I applications shall be administered and reviewed as a city manager decision as described in Article II of this title. C. Type II applications shall be administered and reviewed as a planning commission decision as described in Article II of this title. (Ord (part), 1996) Submission requirements. A. In addition to the application form and information required in Section , the applicant shall submit the following: 1. A site plan, with the number of copies to be determined at the preapplication conference, and necessary data or narrative which explains how the development conforms to the standards, and: a. The site plans and required drawings shall be drawn on sheets preferably not exceeding eighteen by twenty-four inches; b. The scale for the site plan shall be an engineering scale (required for Type II only); and c. All drawings of structure elevations and floor plans (if required) shall be a standard architectural scale of one-fourth inch or one-eighth inch equals one foot. 2. The site plan, data and narrative shall include: a. The proposed site and its structures, driveways, parking and landscaped areas; b. The number and location of all parking spaces to be used in conjunction with the home occupation;

310 c. A floor plan of all structures on the property which are to be used for the home occupation; d. The location and drawing for any proposed signs (allowed for Type II only); e. The location and type of surrounding land uses and related improvements; and f. The proposed hours of operation. B. The city manager may require information in addition to that required by this chapter when it is found that certain information is necessary to properly evaluate the application. C. The city manager may waive a specific requirement for information when it is found that such information is not necessary to properly evaluate the application. (Ord (part), 1996) Approval standards. A. All home occupations, except those that have proven nonconforming status as provided in Section , shall satisfy all of the following standards: 1. Home occupations may be undertaken only by the principal occupant(s) of the residential property; 2. There shall be no more than three deliveries of supplies per week to the residence between the hours of eight a.m. and six p.m.; 3. The business, including deliveries from other businesses, shall not require the use of tractor trailers, semi-trucks, or heavy equipment; 4. There shall be no retail sales, other than telephone sales; 5. No remodeling of the exterior of the dwelling or the accessory structure is required which changes the residential character or the area; 6. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line resulting from the operation and the home occupation shall comply with all relevant provisions of this code; 7. The home occupation shall be operated entirely within the dwelling unit and/or a conforming accessory structure. The total area which may be used in the accessory building for either material product storage and/or the business activity shall not exceed five hundred square feet. In addition, the home occupation and associated storage of materials and products shall not occupy more than twenty-five percent of the combined gross floor area of the residence and accessory structure. The indoor storage of materials or products shall not exceed the limitations imposed by the provisions of the building, fire, health and housing codes; 8. More than one business activity constituting two or more home occupations shall be allowed on one property only if the combined floor space of the business activities does not exceed twenty-five percent of the combined gross floor area of the residence and/or accessory structure. Each home occupation shall apply for a separate home occupation permit, as required by this chapter, and each shall also have separate business tax registration as provided in Chapter 5.04; 9. A home occupation shall not require a change in the uniform building code use classification of a dwelling unit. Any accessory building that is used must meet uniform building code requirements and be in conformity with Chapter of this title; 10. There shall be no storage and/or distribution of toxic or flammable materials, and spray painting or spray finishing operations that involve toxic or flammable materials which in the judgement of the fire marshal pose a dangerous risk to the residence, its occupants and/or surrounding properties. Those individuals which are engaged in such home occupations shall make available to the fire marshal for review the material safety data sheets which pertain to all potentially toxic and/or flammable materials associated with the use; 11. There shall be no exterior storage of vehicles of any kind used for the business except that one commercially licensed vehicle which is not larger than a three-fourth ton pick-up, passenger van or similar size, may be parked outside of a structure or screened area; and 12. No exterior storage of materials shall occur on the premises. B. Type I home occupations shall satisfy all of the following additional criteria:

311 1. No outside volunteers or employees shall be engaged in the business activity other than the persons residing on the premises; 2. No exterior sign(s) shall identify the business; 3. No clients or customers shall visit the premises for any reason; and 4. The home occupation shall not require any on or off-street parking other than that normally required for a residence. C. Type II home occupations shall satisfy all of the following additional criteria: 1. A maximum of one outside volunteer or employee, who is not a resident of the premises; 2. No more than six daily customers or clients, with visits limited between the hours of eight a.m. and six p.m.; 3. If off-street parking is necessary, a plan for additional parking shall be approved if: a. The residential character of the property is not changed; and b. The parking area does not detract from the visual appearance of the residence; and 4. One non-illuminated sign, which does not exceed two square feet, may be permitted when it is attached to the residence or accessory structure or placed in a window. D. The following uses are not allowed as home occupations: 1. Auto-body repair and painting; 2. Ongoing mechanical repair conducted outside of an entirely enclosed building; 3. Junk and salvage operations; and 4. Storage and/or sale of fireworks. (Ord (part), 1996) Chapter ACCESSORY STRUCTURES Sections: Purpose Applicability of provisions Administration Submission requirements Approval standards Purpose. The purpose of this chapter is to: A. Establish criteria for regulating the type, size and location of accessory structures in residential zoning districts; B. Allow the property to be more useful while not altering the residential character of the principal structures of the neighborhood; and C. Allow for accessory structures within nonresidential zones including the limited commercial (LC), community facilities (CF), and recreational golf course (RGC) districts. (Ord (part), 1996) Applicability of provisions. A. Review by the city manager of accessory structures is required except for the following situations. 1. Buildings or structures within residential zoning districts which are less than one hundred twenty square feet in gross floor area, meet applicable building setback requirements (see Section (A)), and ten feet or less in height, measured from base to highest point of the structure. 2. Accessory buildings or structures attached to the principle building or structure. Attached means wall-to-wall or any permanent roof attachment such as breezeways. Said structures shall be considered as building additions and shall require building permits and compliance with the applicable setback standards for the principle building or structure; 3. Accessory buildings are subject to the provisions of Chapter in the limited commercial (LC), community facilities (CF) and recreational golf course (RGC) zoning districts. If a new or remodeled accessory structure represents a major modification, as provided in Section , it will be subject to the provisions of Chapter ; and 4. Fences and Walls. B. All of the provisions and regulations of the underlying zone apply unless modified by this chapter. (Ord (part), 1996)

312 Administration. A. Accessory structure applications shall be administered and reviewed as an administrative review in accordance with Article II of this title. B. In instances where an alteration, extension or reconstruction is requested, the applicant shall apply for an accessory structure permit in accordance with this chapter. C. A conflict of interpretation concerning whether a structure is an accessory structure shall be resolved in accordance with the provisions of Section (Ord (part), 1996) Submission requirements. A. In addition to the application form and information required in Section , the applicant shall submit the following: 1. A site plan(s) and necessary data or narrative (number to be determined at the preapplication conference), which explains how the accessory structure proposal conforms to the standards: a. Sheet size for an accessory structure site plan(s) and required drawings shall be drawn on sheets preferably not exceeding eighteen inches by twenty-four inches; b. The scale of the site plan shall be an engineering scale; and c. All drawings of structure elevations shall be at standard architectural scale, being one-fourth inch or one-eighth inch. 2. The proposed accessory structure site plan and narrative shall include: a. The location of all existing and proposed structures on the site and directly abutting the site, and their orientation; b. The location of existing and proposed utility lines and easements; c. The location of any streets abutting the site; d. The location of any accessway to the proposed structure; e. The dimensions and square footage of the accessory structure; and f. A copy of all existing and proposed restrictions or covenants. 3. The proposed architectural plans for the accessory structure shall include: a. At least the front and side elevations of any proposed structure; and b. If a building permit is required, all structural drawings and data required by the uniform building code shall be included. B. The city manager may require information in addition to that required by this chapter when it is found that certain information is necessary to properly evaluate the application. C. The city manager may waive a specific requirement for information when it is found that such information is not necessary to properly evaluate the application. (Ord (part), 1996) Approval standards. A. The following dimensional standards shall apply to all accessory structures: 1. Residential Zones. a. Minimum front yard setback as required by the applicable zone; b. Minimum side and rear yard setback as required by the applicable zone; and c. Maximum height of eighteen feet. 2. Non-residential Zones. a. Minimum front, side and rear setbacks shall comply with the requirements of the applicable zone; and b. Maximum height shall comply with the requirements of the applicable zone. 3. All detached accessory structures and the setback between the accessory structure and the principle building shall comply with the uniform building code. 4. All freestanding and detached towers, antennas, wind generating devices and TV receiving dishes shall have setbacks equal to or greater than the height of the proposed structure. B. The following non-dimensional approval criteria shall be satisfied: 1. A garage is required for each single-family dwelling which shall conform generally in architectural style, exterior materials and finish to the residence;

313 2. Accessory structures or buildings shall comply with all requirements for the principal structure, except where specifically modified by this chapter; 3. No accessory building or structure shall be allowed in any required front yard or any yard area abutting the golf course; 4. The applicant shall present documentation of the possession of any required license by any federal, state or local agency; 5. Any accessory building or structure attached to the principal building or structure must comply with all setbacks of the zoning district (attached means wall-to-wall or any permanent roof attachment such as breezeways); 6. No accessory building or structure shall encroach upon or interfere with the use of any adjoining property or public right-of-way including, but not limited to, streets, alleys and public or private easements; 7. TV receiving dishes, greater than twentyfour inches in diameter, may be erected upon the roof of a structure only within a non-residential zone; and 8. Accessory structures which are nonconforming shall satisfy the requirements of Chapter where an alteration, extension or reconstruction is requested. (Ord. O (part), 2002; Ord (part), 1996) Chapter ACCESSORY DWELLING UNITS Sections: Purpose Applicability of provisions Administration Submission requirements Approval standards Purpose. Accessory dwelling units are allowed in certain situations to: A. Create new housing units while respecting the character of single-family residential neighborhoods; B. Utilize existing housing stock and infrastructure more efficiently; C. Provide a mix of housing types that respond to changing household needs; D. Provide a means for residents, particularly seniors, single parents and other established residents to remain in their homes and neighborhoods, and obtain extra income, security, companionship and services; and E. Provide a broader range of affordable housing options. (Ord. O (part), 2003) Applicability of provisions. The provisions of this chapter shall apply to all new accessory dwelling unit construction or floor area expansion of an existing accessory dwelling in the R-9, SF, AT, R-15 and R-24 districts. (Ord. O (part), 2003) Administration. A. Accessory dwelling unit applications shall be administered and reviewed as a city manager review in accordance with Article II of this title. B. In instances where an alteration, extension or reconstruction is requested, the applicant shall apply for an accessory dwelling unit permit in accordance with this chapter. (Ord. O (part), 2003) Submission requirements. A. In addition to the application form and information required in Section , the applicant shall submit the following: 1. A site plan(s) and necessary data or narrative (number to be determined at the preapplication conference), which explains how the accessory structure proposal conforms to the standards: a. Sheet size for an accessory structure site plan(s) and required drawings shall be drawn on sheets preferably not exceeding eighteen inches by twenty-four inches; b. The scale of the site plan shall be an engineering scale; and

314 c. All drawings of structure elevations shall be at standard architectural scale, being one-fourth inch or one-eighth inch. 2. The proposed accessory structure site plan and narrative shall include: a. The location of all existing and proposed structures on the site and directly abutting the site, and their orientation; b. The location of existing and proposed utility lines and easements; c. The location of any streets abutting the site; d. The location of any accessway to the proposed structure; e. The dimensions and square footage of the accessory structure; and f. A copy of all existing and proposed restrictions or covenants. 3. The proposed architectural plans for the accessory structure shall include: a. At least the front and side elevations of any proposed structure; and b. If a building permit is required, all structural drawings and data required by the uniform building code shall be included. B. The city manager may require information in addition to that required by this chapter when it is found that certain information is necessary to properly evaluate the application. C. The city manager may waive a specific requirement for information when it is found that such information is not necessary to properly evaluate the application. (Ord. O (part), 2003) Approval standards. A. Creation. An accessory dwelling unit may only be created through the following methods: 1. Converting existing living area, attic, basement or garage; 2. Adding floor area; 3. Constructing a detached accessory dwelling unit on a site with an existing house, attached house or manufactured home; or 4. Constructing a new house, attached house, or manufactured home with an internal or detached accessory dwelling unit. B. Design Requirements. 1. An attached accessory dwelling unit must be consistent with the design of the existing dwelling to which it is attached in the following ways: a. The type size and placement of exterior finish material and trim; b. The predominant roof pitch; c. The proportion (relationship of width to height) and orientation (horizontal or vertical) of new windows; d. Eaves must project from the same distance from building walls; and e. Only one building entrance may be located on the front facade for the two dwellings. The entrance for one unit and all secondary entrances shall be located on the side or rear of the building. 2. A detached accessory dwelling unit must have the same roof pitch as the predominant roof pitch of the other dwelling unit on the lot. B. Dimensional Standards. 1. An attached accessory dwelling unit shall provide front, side and rear setbacks which comply with the applicable zone district. 2. A detached accessory dwelling unit shall provide side and rear setbacks which comply with the applicable zone district and a front yard setback which is ten feet greater than the existing dwelling. 3. The lot size must be a minimum of seven thousand five hundred square feet. 4. The size of an attached or detached accessory dwelling unit may be no more than thirty-three percent of the living area of the existing dwelling or eight hundred square feet, whichever is less. 5. The maximum height allowed for an accessory dwelling unit shall: a. Meet the standard of the applicable zone district for an attached unit; and b. Be twenty-five feet for a detached unit. C. Parking. 1. No additional parking space as required for an accessory dwelling unit if it is created on a site with an existing house, attached house, or manufac-

315 tured home and one abutting street has a paved width of at least twenty-eight feet. 2. One additional parking space is required for an accessory dwelling unit: a. When the abutting street(s) do not have a minimum paved width of twenty-eight feet; or b. When the accessory dwelling unit is created at the same time as the house, attached house, or manufactured home. (Ord. O (part), 2003) Chapter FENCES AND WALLS Sections: Purpose Applicability of provisions Administration Standards Standards for maintenance Restrictions Purpose. The purpose of this chapter is to establish criteria for regulating the type, size and location of fences within the city, and to allow the property to be more useful while not altering the residential character of the principal structures or the neighborhoods. (Ord (part), 1996) Applicability of provisions. The provisions of this chapter shall apply to all construction of new and altered fences. (Ord (part), 1996) Administration. A. Applications for fences and walls shall be administered and reviewed as an administrative review in accordance with Article II of this title. B. In instances where an alteration, extension or reconstruction is requested, the applicant shall apply for an accessory structure permit in accordance with this chapter. (Ord. O (part), 2003; Ord (part), 1996) Standards. New fences or fence alterations shall satisfy all the following standards: A. Maximum Height Standards. 1. Fences or walls in all zones shall meet the following standards unless modified by subsections (A)(2) through (A)(6) of this section. a. Front yard 3 feet b. Rear interior side yard 6 feet c. Corner side yard 6 feet 2. When deemed appropriate by the city during site plan or conditional use approval, the maximum fence height may be increased for purpose of providing improved buffering and screening between properties. Fences or walls over six feet in height shall require a building permit. 3. When fences or walls are located on top of a berm or retaining wall, they shall have a maximum height of eight feet measured from the base of the berm or retaining wall. This maximum height requirement shall be amended only when necessary to comply with subsections (A)(2) or (A)(4) of this section. 4. For fences or walls that are located along the top of a retaining wall or change in grade, a maximum height of three feet may be permitted, even if the total height exceeds eight feet as measured in subsection (A)(3) of this section. 5. When a side yard abuts the front yard of an adjoining lot, the maximum fence height for that side yard shall be three feet. 6. Visual clearance requirements may require elimination or height reduction of a proposed fence. B. The prescribed heights of fences or walls shall be measured from the base to the top of the fence as illustrated below.

316 C. Visual clearance standards in Chapter of this title. D. Landscaping and beautification standards in Chapter of this title. E. Fences and walls shall be constructed of wood, chain link, brick, wrought iron, decorative metal or similar material approved by the city manager. F. The unfinished or structural side of the fence shall face the owner s property. G. The owner must assume all responsibility for accurately determining property boundaries, and for any excavating within designated utility easements. H. Fences and walls shall be located within private property and shall not be placed on public property or rights-of-way. (Ord (part), 1996) Standards for maintenance. A. The residents of the existing attached singlefamily and multi-family housing units in planned unit developments are permitted to repair or replace fences and walls in keeping with the original design concepts of those planned unit developments in lieu of the standards contained in this section. B. Fences and walls shall be maintained in a safe condition by the property owner. (Ord (part), 1996) Restrictions. A. No fence, wall or other structure shall be placed or maintained in any rear yard abutting the golf course. B. No barbed wire fence shall be constructed or maintained along a sidewalk, public way or an adjoining property except such wire may be placed above the top of other fencing that is six feet in height. The total fence height, including the barbed wire, shall not exceed seven feet. C. Electric fence shall not be constructed or maintained along a sidewalk, public way or an adjoining property. (Ord (part), 1996) Chapter PATIO COVERS AND PATIO ENCLOSURES Sections: Purpose Applicability of provisions Administration Submission requirements Patio cover uses Approval standards Patio cover enclosures Purpose. The purpose of this chapter is to: A. Establish criteria for regulating the type, size and location of patio covers and enclosures in residential zoning districts; B. Allow the property to be more useful while not altering the residential character of the principal structures or the neighborhood; and C. Allow for patio covers and enclosures within nonresidential zones including the limited commercial (LC), community facilities (CF) and recreational golf course (RGC) districts. (Ord (part), 1996) Applicability of provisions. The provisions of this chapter shall apply to all construction of new and altered patio covers and patio enclosures. (Ord (part), 1996) Administration. A. Applications for patio covers and patio enclosures shall be administered and reviewed as an administrative review in accordance with Article II of this title. B. In instances where an alteration, extension or reconstruction is requested, the applicant shall apply for an accessory structure permit in accordance with this chapter. (Ord. O (part), 2003; Ord (part), 1996)

317 Submission requirements. Any property owner wishing to enclose a patio must file a building permit with the city, in accordance with Section , along with the following: A. A site plan and necessary data or narrative which explains how the proposed structure conforms to the standards; B. The proposed site plan and narrative shall include: 1. The location of all existing and proposed structures on the site and directly abutting the site, and their orientation; 2. The location of existing and proposed utility lines and easements; 3. The location of any streets abutting the site; 4. The location of any accessway to the proposed structure; 5. The dimensions and square footage of the proposed structure; and C. All structural drawings and date required by the uniform building code. D. The city manager may waive a specific requirement for information when it is found that such information is not necessary to properly evaluate the application. (Ord (part), 1996) Patio cover uses. Patio covers shall be used only for recreational, outdoor living purposes and not as carports, garages, storage rooms or habitable rooms. (Ord (part), 1996) Approval standards. A. Patio covers must be constructed in compliance with the state of Oregon s uniform building code, 4901 through B. Materials may be awning, fiberglass, metal, wood or any other suitable material which is nonreflective. C. Patio covers must be constructed to be no closer than three feet from a property line. D. Eaves may overhang up to one foot into a setback area, but be no closer than two feet from the property line. E. Gutters and down spouts are required and must be directed into a storm drain. F. Any property owner wishing to construct a structure closer than the stated distances must obtain appropriate permits and approvals from the city, in accordance with Chapter G. All detached structures and the setback between the accessory structure and the principle building shall comply with the uniform building code. H. No structure shall encroach upon or interfere with the use of any adjoining property or public right-of-way including, but not limited to, streets, alleys and public or private easements. I. Structures which are nonconforming shall satisfy the requirements of Chapter where an alteration, extension or reconstruction is requested. (Ord (part), 1996) Patio cover enclosures. A covered patio shall be considered to be enclosed when the property owner chooses to add from one to three walls. (Ord (part), 1996) Chapter DECKS/SPAS AND HOT TUBS Sections: Purpose Applicability of provisions Administration Submittal requirements Deck standards Spa and hot tub standards Purpose. The purpose of this chapter is to: A. Establish criteria for regulating the type, size and location of decks, spas and hot tubs in residential zoning districts; and B. Allow the property to be more useful while not altering the residential character of the principal structures or the neighborhood. (Ord (part), 1996)

318 Applicability of provisions. The provisions of this chapter shall apply to all construction of new and altered decks, spas and hot tubs. (Ord (part), 1996) Administration. A. Applications for decks, spas and hot tubs shall be administered and reviewed as an administrative review in accordance with Article II of this title. B. In instances where an alteration, extension or reconstruction is requested, the applicant shall apply for an accessory structure permit in accordance with this chapter. (Ord. O (part), 2003; Ord (part), 1996) Submittal requirements. A. The applicant shall submit an application form and information in accordance with Section , and the following: 1. A site plan and necessary data or narrative which explains how the proposed structure conforms to the standards; 2. The proposed site plan and narrative shall include: a. The location of all existing and proposed structures on the site and directly abutting the site, and their orientation; b. The location of existing and proposed utility lines and easements; c. The location of any streets abutting the site; d. The location of any accessway to the proposed structure; e. The dimensions and square footage of the proposed structure; and f. A copy of all existing and proposed restrictions or covenants. B. All structural drawings and date required by the uniform building code. C. The city manager may waive a specific requirement for information when it is found that such information is not necessary to properly evaluate the application. (Ord (part), 1996) Deck standards. The following standards shall apply to all decks constructed within the city: A. All decks require a building permit. B. Establishing accurate lot lines and locating buried cables and pipes in the utility easements is the sole responsibility of the owner. The city assumes no liability for repair or reconstruction of decks built over utility lines. C. Setback requirements are: 1. For a rear or side yard deck, a minimum of three feet from the property line; 2. For a front deck, the same setback as for the principal structure. D. When reviewing an application for a deck, spa or hot tub the city manager will consider but not be limited to the following issues: 1. Distance to the windows and patio area of the house next door; 2. Grade of the land; 3. Elevation of the proposed deck; 4. Fencing or screening. E. A railing at least thirty-six inches high is required for decks built thirty inches or more above grade. Vertical members shall be spaced closer than six inches apart. F. Steps shall have risers no higher than eight inches and treads at least nine inches wide. G. The stairway shall have a guardrail thirty-six inches high and a handrail thirty-two inches to thirtysix inches high. (One rail may serve both purposes depending upon design materials.) H. Accessory structures shall comply with all requirements for the principal structure, except where specifically modified by this chapter. I. No structure shall encroach upon or interfere with the use of any adjoining property or public right-of-way including, but not limited to, streets, alleys and public or private easements. J. Structures which are nonconforming shall satisfy the requirements of Chapter where an alteration, extension or reconstruction is requested. (Ord (part), 1996)

319 Spa and hot tub standards. The following standards shall apply to all spa and hot tub installations: A. Installation of a spa or a hot tub requires a building permit. B. Establishing accurate lot lines and locating buried cables and pipes in the utility easements is the sole responsibility of the owner. The city assumes no liability for repair or reconstruction of decks built over utility lines. C. Setback requirements are: 1. For a rear or side yard, a minimum of three feet from the property line; D. Spas or hot tubs shall not be installed forward of the front setback. E. The inspection will include adequate structural support if placed on a deck, and whether there is proper electrical, gas, water and drain connections, conformance with the uniform building code (UBC), and conformance with Section (A) of this code. F. All detached structures and the setback between the accessory structure and the principle building shall comply with the uniform building code. G. Accessory structures shall comply with all requirements for the principal structure, except where specifically modified by this chapter. H. No structure shall encroach upon or interfere with the use of any adjoining property or public right-of-way including, but not limited to, streets, alleys and public or private easements. I. Structures which are nonconforming shall satisfy the requirements of Chapter where an alteration, extension or reconstruction is requested. (Ord (part), 1996) Chapter ANNEXATION (to be developed) Article VI. Land Division Chapter SUBDIVISION Sections: Purpose General provisions Administration Phased development Submittal requirements Preliminary plat Approval standards Preliminary plat Submittal requirements Final plat City review of final plat Approval criteria Centerline monumentation Monument box requirements Improvement agreement Bond Cash deposit Filing and recording Prerequisites to recording the plat Vacation of plats Vacation of streets Purpose. A. The purpose of this chapter is: 1. To implement the comprehensive plan; 2. To provide rules, regulations and standards governing the approval of plats of subdivisions; 3. To carry out the development pattern and plan of the city; 4. To promote the public health, safety and general welfare; 5. To lessen congestion in the streets, and secure safety from fire, flood, pollution and other dangers; 6. To provide adequate light and air, prevent overcrowding of land, and facilitate adequate provision for transportation, water supply, sewage and drainage; and

320 7. To encourage the conservation of energy resources. (Ord (part), 1996) General provisions. A. An application for a subdivision shall be processed through a two-step process: the preliminary plat and the final plat. 1. The preliminary plat shall be approved by the planning commission before the final plat can be submitted for approval consideration; and 2. The final plat shall reflect all conditions of approval of the preliminary plat. B. All subdivision proposals shall be in conformity with all state regulations set forth in ORS Chapter 92, Subdivisions and Partitions. C. When subdividing tracts into large lots, the planning commission shall require that the lots be of such size and shape as to facilitate future redivision in accordance with the requirements of the zoning district and this title. D. All subdivision proposals shall be consistent with the need to minimize flood damage. E. Where land form alteration and/or development are allowed within and adjacent to the one hundred-year floodplain outside the zero-foot rise floodway, the planning commission shall require the designation of open land area as provided in Chapter This area shall include portions at a suitable elevation for the construction of a pedestrian walkway within the floodplain to connect to the city s trail system. F. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. G. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and H. Where base flood elevation has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least fifty lots or five acres (whichever is less). (Ord (part), 1996) Administration. A. Preliminary plat applications shall be administered and reviewed as a planning commission review in accordance with Article II of this title. B. Final plat applications shall be administered and reviewed as an administrative decision in accordance with Article II of this title. (Ord (part), 1996) Phased development. A. The planning commission may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period for any phase be greater than two years without reapplying for a preliminary plat. B. The following criteria for approving a phased site development review proposal shall be: 1. The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure provision of public facilities prior to building occupancy; 2. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. (For purposes of this subsection, a temporary public facility is an interim facility not constructed to the applicable city or district standard); and 3. The phased development shall not result in requiring the city or other property owners to construct public facilities that were required as a part of the approval of the preliminary plat. C. The application for phased development approval shall be heard concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat. (Ord (part), 1996) Submittal requirements Preliminary plat. A. In addition to the forms and information required in Section , the following information shall be submitted: 1. The preliminary plat map and required data or narrative (number to be determined at the preapplication conference);

321 2. The preliminary plat map and data or narrative shall include the following: a. The name and address and telephone number of the following: i. The owner(s) of the subject parcel, ii. The owner (s) authorized agent, and iii. The land surveyor and engineer; 3. Sheet size for the preliminary plat shall preferably not exceed eighteen inches by twenty-four inches; 4. The scale shall be an engineering scale, and limited to one phase per sheet; 5. The proposed name of the subdivision shall comply with ORS Chapter 92 and shall not duplicate or resemble the name of any other subdivision in the County, unless the land platted is contiguous to and platted by the same party that platted the subdivision bearing that name or unless the applicant files and records the consent of the party that platted the subdivision bearing that name; 6. Vicinity map showing the general location of the subject property in relationship to arterial and collector streets; 7. The date of application; 8. The boundary lines of the tract to be subdivided; 9. The names of adjacent subdivisions or the names of recorded owners of adjoining parcels of unsubdivided land; 10. Contour lines related to a city established benchmark at two-foot intervals for grades zero to ten percent and five-foot intervals for grades over ten percent; 11. The purpose, location, type and size of all the following (within and adjacent to the proposed subdivision) existing and proposed: a. Public and private rights-of-way and easements, b. Public and private sanitary and storm sewer lines, domestic water mains including fire hydrants, gas mains, major power (50,000 volts or better), telephone transmission lines, cable television lines, and watercourses, and c. Deed reservations for parks, open spaces, pathways and any other land encumbrances; 12. Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated and plans of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants; 13. Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision; 14. Scaled cross sections of proposed street rights-of-way; 15. The location of all areas subject to inundation or storm water overflow, and the location, width and direction of flow of all watercourses and drainageways; 16. The proposed lot configurations, approximate lot dimensions and lot numbers. Where lots are to be used for purposes other than residential, it shall be indicated upon such lots. Each lot shall abut upon a public street; 17. The location of all trees having a six inch caliper or greater measured at four feet above ground level, and the location of proposed tree plantings, if any; 18. The existing use of the property, including location of all structures and present use of the structures, and a statement of which structures are to remain after platting; 19. Supplemental information including proposed deed restrictions, if any, proof of property ownership, and a proposed plan for provision of subdivision improvements; and 20. Existing natural features including rock outcroppings, wetlands and marsh areas. 21. The north arrow. C. If any of the foregoing information cannot practicably be shown on the preliminary plat, it shall be incorporated into a narrative and submitted with the application. D. The manager may require information in addition to that required by the chapter when it is found that certain information is necessary to properly evaluate the application. E. The manager may waive a specific requirement for information when it is found that such in-

322 formation is not necessary to properly evaluate the application. (Ord (part), 1996) Approval standards Preliminary plat. A. The planning commission may approve, approve with conditions or deny a preliminary plat based on the following approval criteria: 1. The proposed preliminary plat and the neighborhood circulation plan (Section ) comply with the applicable provisions of this title; 2. The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS Chapter 92; 3. The proposed streets and accessways are designed in accordance with Chapter ; 4. Parks shall be conveniently located so as to provide direct public access and availability from a public street; 5. Parks shall be bordered by at least one public street for a sufficient distance to encourage public use and provide visual access. B. The planning commission may attach such conditions as are necessary to carry out the provisions of this title and may require: 1. Reserve strips be granted to the city for the purpose of controlling access to adjoining undeveloped properties. (Ord. O (part), 2002; Ord (part), 1996) Submittal requirements Final plat. Unless otherwise provided in Section , the applicant shall submit: A. A final plat and five copies to the manager within one year which complies with the approved preliminary plat; and B. The required fee as found in the city s schedule of fees and penalties. (Ord (part), 1996) City review of final plat Approval criteria. The manager and the city s consulting engineer shall review the final plat and shall approve or deny the final plat approval based on findings that: A. The final plat complies with the plat approved by the planning commission and all conditions of approval have been satisfied; B. The streets and roads for public use are dedicated without reservation or restriction other than reversionary rights upon vacation of any such street or road and easements for public utilities; C. The streets and roads held for private use and indicated on the tentative plan of such subdivision have been approved by the city; D. The plat contains a donation to the public of all common improvements, including but not limited to streets, roads, parks, sewage disposal and water supply systems; E. An explanation is included which explains all of the common improvements required as conditions of approval and are in recordable form and have been recorded and referenced on the plat; F. The plat complies with the applicable zoning ordinance and other applicable ordinances and regulations; G. A certification by the Tigard water district that water will be available to the lot line of each and every lot depicted on the proposed plat; H. A certificate has been provided by the unified sewerage agency supplier that a sewage disposal system must be available to the lot line of each and every lot depicted in the proposed plat; I. Copies of signed deeds have been submitted granting the city a reserve strip as provided by Section ; K. The final plat has been made upon materials that is suitable for binding and copying purposes that has characteristics of strength and permanency and that complies with the recording requirements of Washington County; L. The lettering of the approvals, dedication and affidavit of the surveyor is of such a size and type, and the plat is at such a scale, as will be clearly legible, but no part shall come nearer any edge of the sheet than three inches; M. If there is more than one sheet, a face sheet and index has been provided; and N. The plat contains a surveyor s affidavit by the surveyor who surveyed the land represented on

323 the plat to the effect the land was correctly surveyed and marked with proper monuments as provided by ORS Chapter 92 and indicating the initial point of the survey, and giving the dimensions and kind of such monument, and its reference to some corner established by the U.S. Geological Survey or giving two or more objects for identifying its location. (Ord (part), 1996) Centerline monumentation Monument box requirements. A. Centerline Monumentation. 1. The centerlines of all street and roadway rights-of-way shall be monumented before city acceptance of street improvements; and 2. The following centerline monuments shall be set: a. All centerline-centerline intersection points, b. All cul-de-sac center points, and c. Curve points, beginning and ending points (point of curvature (P.C.) and point of tangency (P.T). B. Monument Boxes Required. 1. Monument boxes conforming to city standards will be required around all centerline intersection points and cul-de-sac center points; and 2. The tops of all monument boxes must be set to finished pavement grade. (Ord (part), 1996) Improvement agreement. A. Before city approval is certified on the final plat, and before approved construction plans are issued by the city, the subdivider shall: 1. Execute and file an agreement with the manager specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the city may complete the work and recover the full cost and expenses from the subdivider. B. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. All improvements shall comply with Chapter of this code. (Ord (part), 1996) Bond Cash deposit. A. As required by Section , the subdivider shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the state of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the state of Oregon which remains in force until the surety company is notified by the city in writing that it may be terminated; or 3. Cash. B. The assurance of performance shall be for a sum determined by the city s consulting engineer as required to cover the cost of the improvements and repairs, including related engineering and incidental expenses. C. The subdivider shall furnish to the city s consulting engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the city s consulting engineer in calculating the amount of the performance assurance. D. In the event the subdivider fails to carry out all provisions of the agreement and the city has unreimbursed costs or expenses resulting from such failure, the city shall call on the bond, cash deposit or letter of credit for reimbursement. E. The subdivider shall not cause terminating of nor allow expiration of said guarantee without having first secured written authorization from the city. (Ord (part), 1996) Filing and recording. A. Within sixty days of the city review and approval, the applicant shall submit the final plat to the county for signatures of county officials as required by ORS Chapter 92. B. Upon final recording with the county, the applicant shall submit to the city a mylar copy of the recorded final plat. (Ord (part), 1996)

324 Prerequisites to recording the plat. A. No plat shall be recorded unless all ad valorem taxes and all special assessments, fees or other charges required by law to be placed on the tax roll have been paid in the manner provided by ORS Chapter 92. B. No plat shall be recorded until it is approved by the county surveyor in the manner provided by ORS Chapter 92. (Ord (part), 1996) Vacation of plats. A. Any plat or portion thereof may be vacated by the owner of the platted area at any time prior to the sale of any lot within the platted subdivision. B. All applications for a plat or street vacation shall be made in accordance with Sections and , and Section C. The application may be denied if it abridges or destroys any public right in any of its public uses, improvements, streets or alleys. D. All approved plat vacations shall be recorded in accordance with Section : 1. Once recorded, the vacation shall operate to eliminate the force and effect of the plat prior to vacation; and 2. The vacation shall also divest all public rights in the streets, alleys and public grounds, and all dedications laid out or described on the plat. E. When lots have been sold, the plat may be vacated in the manner herein provided by all of the owners of lots within the platted area. (Ord (part), 1996) Vacation of streets. All street vacations shall comply with the procedures and standards set forth in ORS Chapter 271. (Ord (part), 1996) Chapter MAJOR AND MINOR LAND PARTITIONS AND LOT LINE ADJUSTMENTS Sections: Purpose Applicability of provisions Administration Preliminary application submission requirements Partition approval criteria Special provisions for lots created through partition process Lot line adjustments Approval standards Final application submission requirements City council acceptance of dedicated land Centerline monumentation Monument box requirements Recording of partitions and lot line adjustments Purpose. The purpose of this chapter is to provide rules, regulations and standards governing approval of major and minor land partitions and lot line adjustments. (Ord (part), 1996) Applicability of provisions. A. A major land partition approval is required when a division of land creates three lots or less within one calendar year and a public street or road. B. A minor land partition approval is required when three lots or less are created without the creation of a public street or road, within one calendar year. C. A lot line adjustment approval is required for any adjustment to a property line which does not create an additional lot of record nor make the existing lots in violation of the base zone minimum lot requirements. (Ord (part), 1996)

325 Administration. A. Major and minor partition applications shall be administered and reviewed as a planning commission review in accordance with Article II of this title. B. Lot line adjustment applications shall be administered and reviewed as a city manager decision in accordance with Article II of this title. C. Final major and minor partition and lot line adjustment applications shall be reviewed as an administrative decision in accordance with Article II of this title. D. Any application for a major or minor land partition or lot line adjustment shall be in conformity with all state regulations set forth in ORS Chapter 92, Subdivision and Partitions. E. When partitioning tracts into large lots, staff shall require that the lots be of such size and shape to facilitate the future repartitioning of such lot in accordance with the requirements of the zoning district and this title. (Ord (part), 1996) Preliminary application submission requirements. A. In addition to the form and information required in Section , the following information shall be submitted: 1. Copies of the preliminary partition map or lot line adjustment map (number of copies determined at preapplication conference) and necessary data or narrative; 2. The preliminary partition map and necessary data or narrative shall include the following: a. The name and address of the following: i. The owner(s) of the subject parcel, ii. The owner(s) authorized agent, and iii. The land surveyor and engineer; 3. The map scale, north arrow and date; 4. Sufficient description to define the location and boundaries of the proposed area to be partitioned or adjusted; 5. The scale shall be an engineering scale; 6. The location, width, and names of streets or other public ways and easements within and adjacent to the proposed partition; 7. Other important features to include: a. The location of all permanent buildings on and within twenty-five feet of all property lines, b. The location and width of all water courses, c. Any identified wetlands, d. Any trees having a six inch caliper or greater at four feet above ground level, e. All slopes greater than fifteen percent, and f. The location of existing utilities and utility easements; 8. In the case of a major land partition, the applicant shall include the proposed right-of-way location and width, and a scaled cross section of the proposed street (to include any reserve strip); 9. Any deed restrictions that apply to the existing lot; and 10. Where it is evident that the subject parcel can be further partitioned, the applicant must show that the land partition must not preclude the efficient division of land in the future. C. The sketch plan shall be as accurate as possible to ensure proper review by affected city agencies. D. Following the review of the land partition by the applicable agencies, the applicant will be advised of the status of the proposal and of any additional information which shall be required prior to the filing of a final land partition survey and shall be notified of conditions to be attached to final land partition approval. E. The review of the preliminary land partition does not guarantee the applicant that the final application for a land partition will be approved nor that additional information or revisions must not be required by the city. (Ord (part), 1996) Partition approval criteria. A request to partition land shall meet all of the following criteria: A. The proposed partition complies with all statutory requirements and provisions of this title; B. Adequate public facilities are available to serve the proposal; C. All proposed lots conform to the size and dimensional requirements of this title; and

326 D. The proposed streets and accessways are designed in accordance with Chapter ; and E. All proposed improvements meet city and applicable agency standards. (Ord. O (part), 2002; Ord (part), 1996) Special provisions for lots created through partition process. A. Lot Width. The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. B. Lot Area. The lot area shall be as required by the applicable zoning district. C. Lot Frontage. Each lot created through the partition process shall front a public right-of-way by at least forty feet. D. Setbacks. Setbacks shall be as required by the applicable zoning district. (Ord (part), 1996) Lot line adjustments Approval standards. A. The manager shall approve or deny a request for a lot line adjustment in writing based on findings that the criteria stated are satisfied as follows: 1. An additional lot is not created by the lot line adjustment, and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the approved zoning for that district; 2. By reducing the lot size, the lot or structures on the lot will not be in violation of the site development or zoning district regulations for that district; and 3. If the applicant disagrees with the decision of the manager, an appeal may be filed in accordance with Article II. (Ord (part), 1996) Final application submission requirements. A. All final applications for major and minor land partitions or lot line adjustments shall be made on forms provided by the staff and shall be accompanied by copies of the partition map prepared by a land surveyor or engineer licensed to practice in Oregon, and necessary data or narrative (number to be determined at the preapplication conference). B. The partition map or lot line adjustment map and data or narrative shall include the following: 1. Sheet sizes for the final partition map shall be drawn on paper that is eight and one-half inches by eleven inches, eleven inches by seventeen inches or eighteen inches by twenty-four inches in size (if eighteen inches by twenty-four inches, then one copy must be on reducible paper); 2. The scale of the map shall be an engineering scale; 3. The name and address of the following: a. The owner(s) of the subject parcel, b. The owner(s) authorized agent, and c. The land surveyor and engineer; 4. The assessor s map and lot number and a copy of the deed, sales contract or document containing a legal description of the land to be partitioned; 5. The map scale, north arrow and date; 6. Dimensions and legal descriptions of the parent parcel and all proposed parcels; 7. Boundary lines and names of adjacent partitions and subdivisions, and tract lines abutting the site; 8. The locations, width and names of streets or other public ways and easements within and adjacent to the proposed partition; 9. Other important features to include: a. The location of all permanent buildings on and within twenty-five feet of all property lines, b. The location and width of all water courses, c. Location of any identified wetlands, d. Any trees having a six-inch caliper or greater at four feet above ground level, e. All slopes greater than fifteen percent, and f. The location of existing utilities and utility easements; 10. In the case of a major land partition, the applicant shall include the proposed right-of-way location and width, and a scaled cross section of the proposed street (to include any reserve strip); 11. Any deed restrictions that apply to the existing lot; and 12. Where it is evident that the subject parcel can be further partitioned, the applicant must show that

327 the land partitioned must not preclude the efficient division of land in the future. (Ord (part), 1996) City council acceptance of dedicated land. The city council shall, upon creation by partition, accept any proposed right-of-way dedication prior to recording a land partition. (Ord (part), 1996) Centerline monumentation Monument box requirements. A. Centerline-Monumentation for All Major Partitions. 1. The centerlines of all street and roadway rights-of-way shall be monumented before city acceptance of street improvements; and 2. The following centerline monuments shall be set: a. All centerline-centerline intersection points, b. All cul-de-sac center points, and c. Curve points, beginning and ending points (point of curvature [P.C.] and point of tangency [P.T.]). B. Monument Boxes Required. 1. Monument boxes conforming to city standards shall be required around all centerline intersection points and cul-de-sac center points; and 2. The tops of all monument boxes shall be set to finished pavement grade. (Ord (part), 1996) Recording of partitions and lot line adjustments. A. Upon the planning commission s approval of the proposed partition or lot line adjustment and the council s acceptance of any dedicated land to the city, the applicant shall record the partition or lot line adjustment with Washington County and submit the recordation numbers to the city to be incorporated into the record. B. The applicant shall submit a recorded reproducible copy of the final survey to the city within fifteen days of recording, or notify the city recorder of the county survey number. (Ord (part), 1996) Chapter SOLAR ACCESS STANDARDS FOR NEW DEVELOPMENT Sections: Purpose and applicability Design standard Exemptions from design standard Adjustments to design standard Protection from future shade Application Process Purpose and applicability. The solar design standard in Section shall apply to applications for a development to create lots in the SF and R-9 zones and for single-family detached dwellings in any zone, except to the extent the approval authority finds that the applicant has shown one or more of the conditions listed in Sections and exist, and exemptions or adjustments provided for therein are warranted. (Ord (part), 1996) Design standard. At least eighty percent of the lots in a development subject to this ordinance shall comply with one or more of the options in this section; provided, a development may, but is not required to, use the options in subsections (B) or (C) of this section to comply with this section. A. Basic Requirement (see Figure 9). A lot complies with this section if it: 1. Has a north-south dimension of ninety feet or more; and 2. Has a front lot line that is oriented within thirty degrees of a true east-west axis. B. Protected Solar Building Line Option (see Figure 10). In the alternative, a lot complies with this

328 section if a solar building line is used to protect solar access as follows: 1. A protected solar building line is designated on the plat or in documents recorded with the plat; and 2. The protected solar building line is oriented within thirty degrees of a true east-west axis; and 3. There is at least seventy feet between the protected solar building line and the middle of the north-south dimension of the lot to the south, measured along a line perpendicular to the protected solar building line; and 4. There is at least forty-five feet between the protected solar building line and the northern edge of the buildable area of the lot, or habitable structures are situated so that at least eighty percent of their south-facing wall will not be shaded by structures or non-exempt vegetation. C. Performance Option. In the alternative, a lot complies with this section if: 1. Habitable structures built on that lot must have their long axis oriented within thirty degrees of a true east-west axis, and at least eighty percent of their ground floor south wall will be protected from shade by structures and non-exempt trees using appropriate deed restrictions; or 2. Habitable structures built on that lot will orient at least thirty-two percent of their glazing and at least five hundred square feet of their roof area to faces within thirty degrees east or west of true south, and that glazing and roof areas are protected from shade by structures and non-exempt trees using appropriate deed restrictions. (Ord (part), 1996) Exemptions from design standard. A development is exempt from Section if the planning commission finds the applicant has shown that one or more of the following conditions apply to the site. A development is partially exempt from Section to the extent the planning commission finds the applicant has shown that one or more of the following conditions apply to a corresponding portion of the site. If a partial exemption is granted for a given development, the remainder of the development shall comply with Section (Ord (part), 1996) A. Slopes. The site, or a portion of the site for which the exemption is sought, is sloped twenty percent or more in a direction greater than forty-five degrees east or west of true south, based on a topographic survey by a licensed professional land surveyor or USGS or other officially recognized topographic information. B. Off-site shade. The site, or a portion of the site for which the exemption is sought, is within the shadow pattern of off-site features, such as, but not limited to, structures, topography, or non-exempt vegetation, which will remain after development occurs on the site from which the shade is originating. 1. Shade from an existing or approved off-site dwelling in a single-family residential zone and from topographic features is assumed to remain after development of the site. 2. Shade from an off-site structure in a zone other than a single-family residential zone is assumed to be the shadow pattern of the existing or approved development thereon or the shadow pattern that would result from the largest structure allowed at the closest setback on adjoining land, whether or not that structure now exists. 3. Shade from off-site vegetation is assumed to remain after development of the site if: the trees that cause it are situated in a required setback; or they are part of a developed area, public park, or legally reserved open space; or they are in or separated from the developable remainder of a parcel by an undevelopable area or feature; or they are part of landscaping required pursuant to this title. 4. Shade from other off-site sources is assumed to be shade that exists or that will be cast by development for which applicable local permits have been approved on the date a complete application for the development is filed. C. On-site Shade. The site, or a portion of the site for which the exemption is requested, is: 1. Within the shadow pattern of on-site features such as, but not limited to structures and topography which will remain after the development occurs; or

329 2. Contains non-exempt trees at least thirty feet tall and more than six inches in diameter measured four feet above the ground which have a crown cover over at least eighty percent of the site, or the relevant portion. The applicant can show such crown cover exists using a scaled survey or an aerial photograph. If granted, the exemption shall be approved subject to the condition that the applicant preserved at least fifty percent of the crown cover that causes the shade that warrants the exemption. The applicant shall file a note on the plat or other documents in the office of the county recorder binding the applicant to comply with this requirement. The city shall be made a party to any covenant or restriction created to enforce any provision of this ordinance. The covenant or restriction shall not be amended without written city approval. D. Completion of Phased Subdivision. The site is part of a phased subdivision none of which was subject to the provisions of this chapter, and the site and the remainder of the unplatted portion of the phased subdivision contain no more than twenty percent of the lots in all phases of the subdivision. E. Small Lot Size. The proposed lot for a single-family residence is less than or equal to four thousand square feet or less than eight thousand square feet for a duplex lot. (Ord. O (part), 2002; Ord (part), 1996) Adjustments to design standard. The planning commission shall reduce the percentage of lots that must comply with Section to the minimum extent necessary if it finds the applicant has shown it would cause or is subject to one or more of the following conditions. A. Adverse impacts on density and cost or amenities. 1. If the design standard in Section (A) is applied, either the resulting density is less than that proposed, or on-site development costs (e.g., grading, water, storm drainage and sanitary systems, and road) and solar related off-site development costs are at least five percent more per lot than if the standard is not applied. The following conditions, among others, could constrain the design of a development in such a way that compliance with Section (A) would reduce density or increase per lot costs in this manner. The applicant shall show which if any of these or other similar site characteristics apply in an application for a development. a. The portion of the site for which the adjustment is sought has a natural grade that is sloped ten percent or more and is oriented greater than fortyfive degrees east or west of true south based on a topographic survey of the site by a professional land surveyor or USGS or other officially recognized topographic information. b. There is a significant natural feature on the site, identified as such in the comprehensive plan or development ordinance, that prevents given streets or lots from being oriented for solar access, and it must exist after the site is developed. c. Existing road patterns must be continued through the site or must terminate on-site to comply with applicable road standards or public road plans in a way that prevents given streets or lots in the development from being oriented for solar access. d. An existing public easement or right-of-way prevents given streets or lots in the development from being oriented for solar access. 2. If the design standard in Section (A) applies to a given lot or lots, significant development amenities that would otherwise benefit the lot(s) will be lost or impaired. Evidence that a significant diminution in the market value of the lot(s) would result from having the lot(s) comply with Section (A) is relevant to whether a significant development amenity is lost or impaired. B. Impacts of existing shade. The shadow pattern from non-exempt trees cover over at least eighty percent of the lot and at least fifty percent of the shadow pattern must remain after development of the lot. The applicant can show the shadow pattern using a scaled survey of non-exempt trees on the site or using an aerial photograph. 1. Shade from non-exempt trees is assumed to remain if: the trees are situated in a required setback; or they are part of an existing or proposed park, open space, or recreational amenity; or they are separated

330 from the developable remainder of their parcel by an undevelopable area or feature; or they are part of landscaping required pursuant to local law; and they do not need to be removed for a driveway or other development. 2. Also, to the extent the shade is caused by onsite trees or off-site trees on land owned by the applicant, it is assumed to remain if the applicant files in the office of the county recorder a covenant binding the applicant to retain the trees causing the shade on the affected lots. (Ord (part), 1996) Protection from future shade. Structures and non-exempt vegetation must comply with the solar balance point provisions in Chapter on all lots in a development subject to the solar access ordinance for new development, including lots for which exemptions or adjustments to the solar access ordinance for new development have been granted. The applicant shall file a note on the plat or other documents in the office of the county recorder binding the applicant and subsequent purchasers to comply with the future shade protection standards in Section The city shall be made a party of any covenant or restriction created to enforce any provision of this title. The covenant or restriction shall not be amended without written city approval. (Ord (part), 1996) Application. An application for approval of a development subject to this title shall include: A. Maps and text sufficient to show the development complies with the solar design standard of Section , except for lots for which an exemption or adjustment from Section is requested, including at least: 1. The north-south lot dimension and front lot line orientation of each proposed lot; 2. Protected solar building lines and relevant building site restrictions, if applicable; 3. For the purpose of identifying trees exempt from Section , a map showing existing trees at least thirty feet tall and over six inches diameter at a point four feet above grade, indicating their height, diameter and species, and stating that they are to be retained and are exempt; 4. Copies of all private restrictions relating to solar access. B. If an exemption or adjustment to Section is requested, maps and text sufficient to show that given lots or areas in the development comply with the standards for such an exemption or adjustment in Section or , respectively. (Ord (part), 1996) Process. Compliance with Chapter shall be determined by the approval authority in conjunction with an application for a major or minor partition (Chapter ) or subdivision (Chapter ). (Ord (part), 1996) Article VII. Public Facilities and Services Chapter IMPROVEMENTS Sections: Purpose of chapter Improvement procedure Improvement requirements Specifications governing improvements Guarantee on workmanship Responsibility for costs Variances Appeals Conflicts with other provisions Enforcement Purpose of chapter. The purpose of this chapter is to establish or confirm, as the case may be, property improvements required either prior to or coincident with land development, subdividing or application for building permits. (Ord (part), 1996)

331 Improvement procedure. A. Work shall not begin until plans have been checked for adequacy and compatibility and approved by the city. To the extent required for evaluation of the development proposal, plans may be required before approval of the final map. B. Work shall not begin until the city has been notified in advance and if work is discontinued for any reason shall not be resumed until the city has been notified. C. Improvements shall be constructed under the inspection of and to the satisfaction of the city. The city may require changes in typical sections and details if unusual conditions arise during construction to warrant the change in the public interest. D. All utilities shall be underground, and such utilities, sanitary sewers, storm drains installed in streets, and any other underground installations in streets shall be constructed prior to the surfacing of such streets. Stubs for service connections for all underground utilities and sanitary sewers shall be placed to such length as will obviate the need for disturbing street improvements when service connections are made, except that in the event that such connections are required to lines or laterals existing where streets have already been improved, the city will grant the developer the right to open the street for such connection. Such grant will include the responsibility of the developer to make such opening and subsequent closure with all reasonable promptness, with maximum regard for public safety and normal movement of traffic. The street, in such cases, must be restored as nearly as possible to its condition prior to the opening and such restoration guaranteed for one year thereafter. E. A map showing all public improvements as built shall be filed with the city upon completion of such improvements. (Ord (part), 1996) Improvement requirements. Improvements included, but not limited to, to be installed at the expense of the subdivider or developer are as follows: A. Transportation. All streets shall be graded for the entire width, and roadways shall be improved with paving, curbs, adequate drainage, including grilled storm drain openings, and sidewalks. The developer shall improve the extension of all streets to the centerline of existing streets with which the streets of the development intersect. Streets, sidewalks and accessways shall be provided in accordance with Chapter B. Sanitary Sewer. Sanitary sewer facilities connecting with the existing city sewer system shall be installed to serve each lot. No septic tanks or cesspools will be permitted within the city. The design and location of sanitary sewer facilities shall meet all applicable requirements and standards of the Washington County clean water services (CWS). C. Storm Water Management and Erosion Control. All storm water management and erosion control measures shall comply with the applicable requirements and standards of the CWS. D. Water. Water mains and fire hydrants, design, layout and locations shall be as required by the Tigard water district, Tualatin rural fire district and the city fire prevention code. E. Street Name Signs and Lighting. Street name signs and provisions for street lighting shall conform to and be compatible with existing signs and existing provisions for lighting. Street signs shall be installed at all street intersections. Other signs may be required upon recommendation of the city council. (Ord. O (part), 2003; Ord. O (part), 2002; Ord (part), 1996) Specifications governing improvements. All streets, curbs and sidewalks shall be constructed in accordance with county specifications. (Ord (part), 1996) Guarantee on workmanship. All improvements installed by the subdivider or developer shall be guaranteed as to workmanship and material for a period of one year following acceptance by the city. Such guarantee may be secured by bond in an amount not to exceed the value of the im-

332 provements if required and as may be determined by the city council. (Ord (part), 1996) Responsibility for costs. All improvements specified in this chapter shall be installed at the expense of the subdivider or developer. (Ord (part), 1996) Variances. The city council may vary from any of the requirements of this chapter providing the council determines that there are special conditions and/or circumstances that such variance would be in the best interest of the community as a whole. (Ord (part), 1996) Appeals. Any action or ruling by the official authorized to enforce this chapter may be appealed to the city council within fifteen days after the decision by filing written notice with the city recorder. If no appeal is filed within the fifteen day period, the decision of the official shall be final. If an appeal is filed, the council will hold a public hearing at which time written and oral testimony pertinent to the appeal will be considered. (Ord (part), 1996) Conflicts with other provisions. Nothing in this chapter shall be construed as conflicting with or superseding existing ordinances concerning building or plumbing codes, fire prevention code or other, provided that, if conflict appears, maximum requirements shall prevail. (Ord (part), 1996) Enforcement. A performance bond, cash deposit or written agreement, as determined by the city council, will be required to assure that improvement installations comply with the standards contained in this chapter, such bond deposit or agreement to be filed with the city prior to approval by the city for planned subdivision or land development. (Ord (part), 1996) Chapter NEIGHBORHOOD CIRCULATION Sections: Purpose Applicability of provisions Administration Submittal requirements Circulation analysis Approval standards On-site street and accessway circulation Approval standards Internal pedestrian circulation Approval standards Accessway and greenway design standards Modification of standards Ownership, liability and maintenance of accessways Purpose. A. The purpose of neighborhood circulation standards is to implement the safe and convenient bike and pedestrian access and access to transit provisions of the Transportation Planning Rule (Oregon Department of Land Conservation and Development implementing Statewide Planning Goal 12 - Transportation), and to meet the street connectivity requirements of Title 6, Section 3 of metro s urban growth management functional plan. In recognition of the role that local street design plays in helping to preserve the effectiveness of the arterial and collector street system, this chapter includes standards requiring a connected local street network in new development. This supports local travel needs so that local trips are not forced onto the arterial or collector street system. This chapter is not necessarily intended to require a grid street system, but is intended to provide a development pattern, which provides choices and convenient circulation for pedestrians, bicyclists and transit users as well as motorists.

333 B. This chapter has been developed to provide a specific set of review standards to create development patterns that promote walking, bicycling and transit use. This chapter also provides modification standards recognizing that alternative approaches to the specific review standards may also meet intent of the transportation planning rule and/or metro s urban growth management functional plan. (Ord. O (part), 2002) Applicability of provisions. The neighborhood circulation standards in this chapter shall apply to the following development applications: A. Partitions and subdivisions, which result in a lot or parcel of less than ten acres (Chapters and 200); B. Site plan review, subject to Chapter ; and C. Conditional uses, subject to Chapter (Ord. O (part), 2002) Administration. Neighborhood circulation provisions of this chapter shall be administered and reviewed in conjunction with the related site plan review, conditional use, partition and/or subdivision application in accordance with Article II of this title. (Ord. O (part), 2002) Submittal requirements Circulation analysis. A. The application and support information required by this title for a related site plan review, conditional use and/or subdivision application shall be submitted. B. The applicant shall also provide a circulation analysis that includes the following information: 1. For all development on a site of two acres or less, the applicant shall submit a circulation analysis, which shows the proposed location of streets and accessways on the property as well as the location of streets, accessways, property lines, and development within six hundred feet of the proposed development site. 2. For all development on a site, which exceeds two acres, the applicant shall submit a circulation analysis, which at a minimum includes the subject site and the entirety of all property within six hundred feet of the proposed development site. This analysis shall incorporate the following features both on-site and off-site: a. It shall be produced on paper that is eighteen inches by twenty-four inches in size, or a size approved by the manager; b. A scale of one inch to one hundred feet is suggested, however, the scale may be increased or decreased as approved by the manager; c. Existing and proposed topography for slopes of ten percent or greater, with contour intervals not more than ten feet; d. Drainage hazard areas, flood plains and significant natural resources areas; e. The name, location, right-of-way, pattern and grades of all existing and approved major collector, neighborhood collector and local streets, bikeways, pedestrian ways and accessways; f. Proposed streets and off-street bike or pedestrian ways identified in the King City comprehensive plan or relevant adopted plans of other local jurisdictions; g. All permanent structures; h. Property lines; i. Pedestrian-oriented uses within one thousand feet of the site; j. Transit streets and facilities; and k. All streets and accessways proposed by the applicant. C. The applicant shall provide a traffic study when required by Washington County or the Oregon Department of Transportation. (Ord. O (part), 2002) Approval standards On-site street and accessway circulation. A. The following review standards in this section shall be used to: 1. Provide a generally direct and interconnected pattern of streets and accessways to ensure safe and

334 convenient access for motor vehicles, pedestrians, bicyclists and transit users; and 2. Ensure that proposed development will be designed in a manner, which will not preclude properties within the circulation analysis area from meeting the requirements of this section. B. On-site streets for residential, office, retail and institutional development shall satisfy the following criteria: 1. Block lengths for local and collector streets shall not exceed five hundred thirty feet between through streets, measured along the nearside right-ofway line of the through street. 2. The total length of a perimeter of a block for local and collector streets shall not exceed one thousand eight hundred feet between through streets, measured along the nearside right-of-way line. 3. Streets shall connect to all existing or approved public stub streets, which abut the development site. 4. Within the West King City planning area, local streets shall be located and aligned to connect with the planned neighborhood collector street that will extend west from SW Fischer Road and/or to SW 131st Avenue. 5. Within the West King City planning area, street system design shall include a minimum of two future local street connections to SW 137th Avenue and a minimum of one future local street connection to the property presently occupied by the Mountain View manufactured home park. If the location of the UGB or existing development precludes a street connection(s) at the time of development, the streets to SW 137th Avenue shall be fully dedicated and improved up to the city limit, or the western edge of the development, and a financial security acceptable to the city to ensure the streets construction if SW 137th Avenue is brought into the UGB. The northern street shall be dedicated or otherwise reserved for future public street use. Reserve strips shall be provided on all future streets. The developer shall be responsible for installation of a sign at the terminus of each public street that clearly states that the street will be extended in the future. 6. Although an interconnected street system is required by the provisions of this chapter, local street systems shall be designed to discourage motorists traveling between destinations that are outside of the neighborhood being served by the local streets. 7. Cul-de-sacs and permanent dead-end streets shall be prohibited except where construction of a through street is found to be impractical according to the provisions of Section (A). 8. When cul-de-sacs are allowed, they shall be limited to two hundred feet and no more than twentyfive dwelling units unless a modification is justified as provided in Section (A). C. On-site sidewalks and accessways for residential, office, retail and institutional development shall satisfy the following criteria: 1. For blocks abutting an arterial or major collector and exceed lengths of five hundred thirty feet, an accessway shall be provided to connect streets for every three hundred thirty feet of block length or portion thereof. 2. Accessways shall connect with all existing or approved accessways, which abut the development site. 3. Accessways shall provide direct access to abutting pedestrian oriented uses and transit facilities, which are not served by a direct street connection from the subject property. Accessways shall provide future connection to abutting underdeveloped or undeveloped property, which is not served by a direct street connection from the subject property, where the abutting property line exceeds three hundred thirty feet. Where the abutting property line exceeds five hundred thirty feet, additional accessways may be required by the approval authority based on expected pedestrian demand. In the case where the abutting properties are limited commercial and/or residential, the approval authority may determine that such a connection or connections are not feasible or present public safety issues. The approval authority may reduce the number of required accessways to abutting properties if: a. Such a reduction results in spacing of streets and/or accessways of three hundred thirty feet or less; and

335 b. Reasonably direct routes are still provided for pedestrian and bicycle travel in areas where pedestrians and bicycle travel is likely if connections are provided. 4. Direct connection of cul-de-sacs and deadend streets to the nearest available street or pedestrian oriented use. 5. Accessways may be required to stub into adjacent developed property if the approval authority determines that existing development patterns or other constraints do not physically preclude future development of an accessway on the developed property and the adjacent developed property attracts, or is expected to attract, a greater than average level of pedestrian use. 6. The city design standards for neighborhood collector and local streets include sidewalks on both sides of the street. D. The King City comprehensive plan includes capacity guidelines for neighborhood collector and local streets. To ensure that new development does not place undue traffic burdens on neighborhood streets, the following maximum dwelling unit standards shall apply to any subdivision, site plan review or conditional use in the SF, AT, R-9, R-12, R-15, and R-24 zone: 1. A maximum of three hundred single and/or multiple-family dwellings shall be served exclusively by one neighborhood collector street to reach the regional street system of major collector and arterial streets. In the case of single-family residential subdivisions, a preliminary plat approval may exceed this standard, but all final plats shall comply with this section. 2. A maximum of one hundred twenty single and/or multiple-family dwellings shall be served exclusively by one local street to reach a neighborhood collector street or the regional street system of major collector and arterial streets. In the case of singlefamily residential subdivisions, a preliminary plat approval may exceed this standard, but all final plats shall comply with this section. 3. The circulation analysis required in Section shall demonstrate how the standards in subsections (D)(1) and (D)(2) of this section will be satisfied when full development or development phases are completed. (Ord. O (part), 2002) Approval standards Internal pedestrian circulation. A. Number of Pedestrian Connections for Multifamily Residential, Office, Retail and Institutional Uses. 1. All developments on one lot that generate more than twenty additional average daily (vehicle) trips (ADT) shall provide a pedestrian connection between the street and the main entrance of the primary structure on the lot. For lots with more than one street frontage, a connection shall be provided to each street. For new development on lots with multiple buildings, a pedestrian connection shall be provided between the street and the center of the internal pedestrian network. 2. All developments that generate more than five hundred ADT shall provide: a. A connection from the main entrance of the primary structure to a point within twenty feet of any transit stop located along the frontage of the subject property; b. A connection to a point within twenty feet of any mid-block pedestrian crossing; and c. An internal connection for every two hundred feet of street frontage including connections provided per subsections (A)(2)(a) and (A)(2)(b) of this section. Connections shall be arranged to ensure direct access to buildings on the lot for pedestrians accessing the lot from any direction. 3. In addition to pedestrian connections required by (A), connections shall be provided between the proposed development and all offsite pedestrian connections on adjacent properties or streets as required by this chapter. 4. Internal connections shall also be provided between different major destinations on the lot, such as from one building to another. Connections are not required between buildings or portions of a lot, which are not intended for or likely to be used by pedestrians. 5. Connections shall be as direct as practicable, and circuitous routes shall be avoided.

336 B. Internal Pedestrian Connection Design for Multi-family Residential, Office, Retail and Institutional Uses. 1. Where connections cross driveways, parking areas or loading areas, the connection must be clearly identifiable through the use of striping, elevation changes, speed bumps, a different paving material or other similar method. If striping is used to identify a connection, the striping must be thermal plastic striping or other heavy-duty material that will have relatively little maintenance. Where connections are parallel and adjacent to an auto travel lane, the connection must be safely separated from the auto travel lane through the use of a raised path, a raised curb, bollards, landscaping or other physical barrier. 2. Connections shall be at least ten feet in paved unobstructed width when bicycles are intended to share the connection. When bicycle travel is otherwise adequately provided, connections shall be at least five feet in paved unobstructed width. Connections, which are likely to be used at night, must be lighted. If lighting for other purposes provides adequate light to a pedestrian connection, separate lighting is not required. (Ord. O (part), 2002) Approval standards Accessway and greenway design standards. A. Accessways shall be direct with at least one end of the accessway always visible from any point along the accessway. B. Accessways shall have a maximum slope of five percent wherever practical. C. Accessways shall be no longer than three hundred feet in length between streets. The length of the accessway shall be measured from the edge of right-of-way between streets. Accessways shall include a ten-foot wide right-of-way with a minimum eight-foot wide paved surface to safely accommodate both pedestrians and bicyclists. When the approval authority determines that a proposed accessway will accommodate significant volumes of pedestrian and/or bicycle traffic, the right-of-way width and pavement width may be increased to a maximum of fifteen feet and twelve feet respectively. D. Fencing along or within ten feet of lot lines adjacent to accessways is permitted, provided that it complies with the provisions of Chapter E. The paved portion of the accessway shall be free of horizontal obstruction and shall have a nine foot, six inch vertical clearance to accommodate bicyclists. F. All unpaved portions of accessways shall be landscaped. New landscaping materials shall be selected and sited in conformity with Chapter , and be limited to canopy trees, shrubs, ground cover, vines, flowers, lawns, brick, bark, timber, decorative rock or other decorative materials. G. Existing trees within the right-of-way are subject to preservation or removal according to procedures in Chapter H. Where street lighting is not present at accessway entrances, pedestrian scale lighting shall be provided, which: 1. Does not exceed sixteen feet in height; 2. Has a minimum of one-half footcandles average illumination and a uniformity ratio not exceeding five to one; 3. The lamp shall include a high-pressure sodium bulb with an unbreakable lens; and 4. Lamps shall be oriented so as not to shine excessive amounts of light upon adjacent residences. I. Accessway lighting, as described in the Section (H) may also be required at intermediate points along the accessway as determined by the city engineer. J. Accessway surfaces shall be constructed of asphaltic concrete or other all-weather surfaces approved by the city engineer. K. Accessway curb ramps shall be provided where accessways intersect with streets. L. Accessways shall be signed to prohibit access by unauthorized motor vehicles where accessways intersect with streets. M. Accessways shall require a physical barrier at all intersections with streets, to prevent use of the facility by unauthorized motor vehicles. Barriers shall: 1. Be removable, lockable posts permitting access by authorized vehicles;

337 2. Be reflectorized for night visibility and painted a bright color for day visibility; and 3. Be spaced five feet apart. N. When an accessway is provided between two properties, and at least one of the accessways is an internal connection, the accessway shall be ten feet wide. For example, a shopping center required to provide a connection to an undeveloped office commercial property shall leave at least a ten-foot wide gap in any fence or berm built near the property line at the end of the connection. O. When an accessway is required to connect to an existing accessway, and the existing accessway has a paved width less than ten feet, a transition shall be provided between the two accessways as part of the required accessway. P. Greenways, intended to partially fulfill the circulation review standards of this chapter shall meet the standards of Section , with the following modifications: 1. A minimum thirty-foot wide right-of-way width; 2. A minimum ten-foot wide paved accessway surface; and 3. A greenway may exceed three hundred feet in length. (Ord. O (part), 2002) Modification of standards. The planning commission may approve a modification to the circulation analysis review standards of Sections through through a planning commission review based upon the relevant approval criteria in this section. A. On-Site Street and Accessway Circulation. 1. On-site street and accessway circulation standards in Section may be modified by the planning commission based on findings that: a. The modification is the minimum necessary to address the constraint; b. The circulation analysis demonstrates that the proposed street and accessway system for the subject property and surrounding area will perform as well as or better than a system, which meets the standards in this chapter; and c. The application of the standard is impractical due to one or more of the following circumstances: i. Physical or topographic conditions make it impractical to satisfy the street or walkway connection requirements of this chapter. These conditions include, but are not limited to, controlled access streets, steep slopes, wetlands, flood plains or water bodies where a connection could not reasonably be provided. Grades that are too steep for a street may not be too steep for an accessway. ii. Buildings or other existing development on adjacent lands physically preclude a street or accessway connection now or in the future considering the potential for redevelopment. A modification to the maximum number of residential units or lots completely dependent upon a neighborhood collector or local street in Section (D), shall not be permitted without a corresponding amendment to the King City comprehensive plan to allow a greater maximum average daily traffic count and/or number of residences on these streets. iii. Where streets or accessways would violate provisions of leases, easements, agency access standards or similar restrictions that are demonstrated to be legally beyond the control of the applicant, developer or property owner; iv. Abutting undeveloped or underdeveloped property is within the one hundred-year flood plain; v. Arterial or collector street access restrictions. 2. When a cul-de-sac is justified as provided in subsection (A)(1) of this section, an accessway shall be provided to connect with another street, greenway, school, or similar destination unless one or more of the circumstances listed in this section also apply to an accessway. 3. The approval authority may require a sidewalk on only one side of a twenty-two-foot wide or twenty-eight-foot wide local street design options when it is determined that the existing or anticipated pedestrian traffic shall be safely and conveniently accommodated with one sidewalk. B. Internal Pedestrian Circulation. 1. Internal pedestrian circulation standards in Section may be modified by the planning commission based on findings that the modification

338 is the minimum necessary to address the constraint and the application of the standard is impractical due to one or more of the following circumstances: a. Physical or topographic conditions make a street or walkway connection impractical. These conditions include but are not limited to steep slopes, wetlands or water bodies on the property where a connection could not reasonably be provided. b. Buildings or other existing development on the property or adjacent lands physically preclude a connection now or in the future, considering the potential for redevelopment. c. A reduction of the number of pedestrian connections required by (A) is justified because it shall not create an increase in out of direction travel from the street to any main building entrance for pedestrians walking to the site from an off-site accessway, the sidewalk or shoulder along the street where the property has frontage, a transit stop, pedestrian crossings on an arterial or collectors street, or pedestrian oriented uses across a collector or local street. 2. When a modification is justified as provided in subsection (B)(1) of this section, walking distances for pedestrian routes within and from the new development shall not be significantly increased from what would be developed under the requirements of this chapter. C. Accessway and Greenway Design Standards. An accessway and greenway design standard in Section may be modified by the planning commission based on findings that the application of the standard is impractical, the proposed modification is the minimum necessary to address the constraint, and the alternative design solution proposed by the applicant meets the intent of the standard. (Ord. O (part), 2002) A. The developer shall incorporate the accessway in a recorded tract, and shall convey the tract to the city for ownership, liability and maintenance; or B. The developer shall incorporate the accessway in a recorded easement or tract, which specifically requires the property owner and future property owner(s) to provide for the ownership, liability and maintenance of the accessway. In this case, the approval authority shall determine whether the accessway shall be recorded as an easement or as a tract. (Ord. O (part), 2002) Ownership, liability and maintenance of accessways. To ensure that all accessways will be adequately maintained over time, the approval authority shall require the following:

339 CITY OF KING CITY Comprehensive Plan Adopted by Ordinance O /01/91 Amended by Ordinance O /15/92 Amended by Ordinance O /15/92 Amended by Ordinance O /16/95 Amended by Ordinance O /01/99 Amended by Ordinance O /05/02