§ 16.16.070. Planned unit subdivision modification and enforcement.

A.

Planned Unit Subdivision.

1.

In the case of a planned unit subdivision these regulations may, if necessary, be modified as they apply to streets, blocks, and lots when adequate access to major thoroughfares, adequate light and air circulation, recreational areas, open space and lot area per dwelling are provided.

2.

The average residential lot size in the subdivision (building site areas plus common areas divided by the number of dwelling units) must be equal to or greater than the minimum lot area of the zone in which it is located.

3.

At least forty percent of the land area will be dedicated or reserved as usable common outdoor living and open space land in residential, recreational, or combination residential-commercial development.

4.

In any development which is primarily designed for or occupied by dwellings, all electric and telephone facilities, fire alarm conduits, street light wiring, and other wiring, conduits and similar facilities shall be placed underground.

5.

The Council may require easements necessary for orderly extension of public utilities to future adjacent development.

6.

Lands and structures not dedicated to the public but reserved for use by owners or tenants and their guests must be subject to an association of owners or tenants created to form a non-profit corporation under the laws of the State of Oregon. Said association shall be formed and continued for the purpose of maintaining such common areas and structures.

7.

A planned unit subdivision shall conform to all requirements as stated in this chapter unless specifically modified.

B.

Modifications. The Council may authorize modifications to the standards of this chapter. Requests for modifications to chapter standards shall accompany the tentative partition/subdivision plan and shall state fully the grounds for the request and facts relied upon by the applicant. A modification may be granted if:

1.

Strict application of the chapter standards would result in a severe or undue hardship to the applicant; or

2.

The granting of the modification would result in the best and most efficient use of the subject property; and

3.

Unusual or extraordinary circumstances resulting from terrain, parcel size or shape, location of roads and utilities, or other existing physical conditions warrant the modification; and

4.

The granting of the modification would be consistent with the purpose of this chapter as set forth in Chapter 16.04.

C.

Council Action on Modifications. In granting or denying a modification, the Council shall make a written record of its findings and the facts in connection therewith, and shall describe the modification granted and the conditions designated. The City shall keep the findings on file as a matter of public record.

D.

Appeal. A person may appeal to the Land Use Board of Appeals from a decision or requirement made by the City Council. Written notice of the appeal must be filed with the Land Use Board of Appeals within thirty days after the decision or requirement is made. The notice shall state the nature of decision or requirement and the grounds for the appeal.

E.

Severability. The provisions of this chapter are severable. If a section, sentence, clause, or phrase of this chapter is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the validity of the remaining portions of this chapter.

F.

Penalties for Violation. In addition to penalties provided by State law under ORS Chapter 92 and ORS Chapter 215, a person who violates or fails to comply with a provision of this chapter shall, upon conviction thereof, be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one hundred days, or both. A violation of this chapter shall be considered a separate offense for each day the violation continues.

(Ord. 132 § 5, 1992; Ord. 90 (part), 1983)