Department of Land Conservation and Development 635 Capitol Street, Suite 150 Salem, OR 9730 1-2540 (503) 373-0050 Fax (503) 378-5518 w w w . lc d. s tat e. or. us NOTICE OF ADOPTED AMENDMENT 05/24/2011 TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments FROM: Plan Amendment Program Specialist SUBJECT: City of Detroit Plan Amendment DLCD File Number 001-11 The Department of Land Conservation and Development (DLCD) received the attached notice of adoption. A Copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local government office. Appeal Procedures* DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Tuesday, June 07, 2011 This amendment was submitted to DLCD for review prior to adoption with less than the required 45-day notice. Pursuant to ORS 197.830(2)(b) only persons who participated in the local government proceedings leading to adoption of the amendment are eligible to appeal this decision to the Land Use Board of Appeals (LUBA). If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals (LUBA) no later than 21 days from the date the decision was mailed to you by the local government. If you have questions, check with the local government to determine the appeal deadline. Copies of the notice of intent to appeal must be served upon the local government and others who received written notice of the final decision from the local government. The notice of intent to appeal must be served and filed in the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at 503-373-1265, if you have questions about appeal procedures. *NOTE: The Acknowledgment or Appeal Deadline is based upon the date the decision was mailed by local government. A decision may have been mailed to you on a different date than it was mailed to DLCD. As a result, your appeal deadline may be earlier than the above date specified. NO LUBA Notification to the jurisdiction of an appeal by the deadline, this Plan Amendment is acknowledged. Cc: Marjorie Mattson, City of Detroit Gloria Gardiner, DLCD Urban Planning Specialist Steve Oulman, DLCD Regional Representative îBuA YA 12 DLCD Notice of Adoption L J in person Q e l e d m r i i c [ J mailed Ü E P T O F MAY 2011 This F o r m 2 must be mailed to D L C D within 5 -Work ing Days after the Final Ordinance is signed by the publ ic Off ic ia l Des igna ted by the jur i sd ic t ion and all o ther r equ i rements o f O R S 197.615 and O A R 6 6 0 - 0 1 8 - 0 0 0 ¡ o i t t r p u in%!> Jurisdiction: City of Detroit Local file number: DCTA 2011-01 Date of Adoption: 5/12/2011 Date Mailed: 5/17/2011 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? [X] Yes • No Date: 2/23/2011 • Comprehensive Plan Text Amendment G Comprehensive Plan Map Amendment [XJ Land Use Regulation Amendment G Zoning Map Amendment G New Land Use Regulation Other: inclusion of 2 comp plan maps Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". The amendments revise regulations applicable to the temp, placement & use of recreational vehicles & tent camping on individual properties, reduce min. lot size for single-family (SF) dwellings f rom the current 12,000 to 10,000 square feet, require a min. living space for site built SF dwellings as 700 square feet, reduce the max. lot coverage for SF dwellings on commercial zoned property from 70% to 60%, & provide consistency in the code indicating a "significant tree" as 8 inches in diameter. Does the Adoption differ from proposal? Yes, Please explain below: Additional changes include adding requirements for property pins to be visible at the time of building permit, allowing variances for access permits, and inclusion of the 2009 Comprehensive Plan and Zone District and the 2008 Slope Maps (previously adopted in the City's TSP) to within the Comp. Plan. Plan Map Changed from: 3.63 for SF to: 4.3 for SF Zone Map Changed from: to: Location: Acres Involved: Specify Density: Previous: New: Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Was an Exception Adopted? G YES [X] NO Did DLCD receive a Notice of Proposed Amendment... 45-days prior to first evidentiary hearing? G Yes No DLCD File No. 001-11 (18731) [16647] If no, do the statewide planning goals apply? If no, did Emergency Circumstances require immediate adoption? • Yes • Nb E3 Yes • No DLCD file No. Please list all affected State or Federal Agencies, Local Governments or Special Districts: DLCD, Parks and Recreation, Building Code Division Address: 105 High Street SE City: Salem Local Contact: Marjorie Mattson, M W V C O G Phone: (503) 588-6177 Extension: Fax Number: 503-588-6094 Zip: 97301- E-mail Address: mmattson@mwvcog.org ADOPTION SUBMITTAL REQUIREMENTS This Form 2 must be received by DLCD no later than 5 working days after the ordinance has been signed by the public official designated by the jurisdiction to sign the approved ordinance(s) per ORS 197.615 and OAR Chapter 660. Division 18 1. This Form 2 must be submitted by local jurisdictions only (not by applicant). 2. When submitting the adopted amendment, please print a completed copy of Form 2 on light green paper if available. 3. Send this Form 2 and one complete paper copy (documents and maps) of the adopted amendment to the address below. 4. Submittal of this Notice of Adoption must include the final signed ordinance(s), all supporting finding(s), exhibit(s) and any other supplementary information (ORS 197.615 ). 5. Deadline to appeals to LUBA is calculated twenty-one (21) days from the receipt (postmark date) by DLCD of the adoption (ORS 197.830 to 197.845 ). 6. In addition to sending the Form 2 - Notice of Adoption to DLCD, please also remember to notify persons who participated in the local hearing and requested notice of the final decision. (ORS 197.615 ). 7. Submit one complete paper copy via United States Postal Service, Common Carrier or Hand Carried to the DLCD Salem Office and stamped with the incoming date stamp. 8. Please mail the adopted amendment packet to: 9. Need More Copies? Please print forms on 8'A -1/2x11 green paper only if available. If you have any questions or would like assistance, please contact your DLCD regional representative or contact the DLCD Salem Office at (503) 373-0050 x238 or e-mail plan.amendments@state.or.us. ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 Mailing list for Public Hearing Continuance Michael Layman PO Box 730 Detroit, OR 97342 James Weigel 5189 Quince St. Salem, OR 97305 Margaret Scott PO Box 630 Detroit, OR 97342 Gene & Joyce Smith PO Box 462 Detroit, OR 97342 Rick Ladbury PO Box 534 Detroit, OR 97342 Dave & Becky Ferguson PO Box 448 Detroit, OR 97342 Bob Franz 3422 NE Ainsworth St. Portland, OR 97211-7324 John White 26735 Regia Dr. Sheridan, OR 97378-9774 Maryann Hills PO Box 524 Detroit, OR 97342 ORDINANCE MO. 223 AN ORDINANCE ADOPTING TEXT AMENDMENTS TO THE CITY OF DETROIT DEVELOPMENT CODE AND INCLUDING THE ADDITION OF TWO MAPS TO THE CITY OF DETROIT COMPREHENSIVE PLAN WHEREAS, the City of Detroit determined the need to amend the text of the Detroit Development Code to revise regulations applicable to the temporary placement and use of recreational vehicles on individual properties, reduce minimum lot size for single-family dwellings from the current 12,000 to 10,000 square feet, require a minimum living space for site built single-family dwellings as 700 square feet, reduce the maximum lot coverage for single- family dwellings located on commercially zoned property from 70 to 60 percent, require identifying property markers for building permits, allow filing for specified variance for property access, and provide consistency in the code indicating a "significant tree" as eight (8) inches in diameter; and to add the Comprehensive Plan Map and Zoning Map and provide a slope map to the Comprehensive Plan (that were previously adopted as part of the Transportation System Plan in 2009); and WHEREAS, the Planning Commission conducted a public hearing to consider the requests on March 22 & March 29, 2011, at which time the public was given full opportunity to be present and heard on the matter; and WHEREAS, at the close of the public hearing, the Planning Commission voted to recommend that the City Council approve the new and revised documents at the public hearing; and WHEREAS, the City Council conducted a public hearing to consider the requests on March 22 & March 29, 2011, at which time the public was given full opportunity to be present and heard on the matter; and WHEREAS, at the close of the public hearing on March 29, 2011, the City Council voted to approve the requests subject to any revisions stated at the public hearing; and WHEREAS, proper notice of the said public hearings was given to the public pursuant to applicable state statutes; and WHEREAS, the City Council of the City of Detroit hereby adopts the findings of fact set forth in the staff report dated March 14, 2011, for the March 22 & March 29, 2011, Council meetings; NOW THEREFORE, THE CITY OF DETROIT ORDAINS AS FOLLOWS; Section 1. The amendments to the City of Detroit Development Code; as provided in Attachment A (attached) and Section 2. The City Council for the City of Detroit completed its first reading on April 12, 2011; and completed the 2nd reading on May 10, 2011, the City of Detroit notes that this Ordinance takes effect within thirty (30) days, and therefore, this Ordinance shall be in full force and effect May 12, 2011. First Reading; April 12,2011 Second Reading: May 10, 2011 PASSED and adopted by the City Council of the City of Detroit on this 10th day of May, 2011, by the following votes and providing an effective date of May 12, 2011. Ayes Nays AbsentjQ^ ORD 223 DCTA 2011-01 Code text CP map.docl 1, Development Code Text Amendments and Comp Plan Map Amendment (DCTA 2011-01, CPMA 2011-01) Signed: Christine Pavoni, City Recorder ATTACHMENT A -Amendments/City of Detroit Development Code - 2011 ORDINANCE NO. ¿3.5.3 Chapter 1.2 - General Administration Sections: 1.2.1 Purpose 1.2.2 Severability 1.2.3 Compliance and Scope 1.2.4 Consistency with Plan and Laws 1.2.5 Use of a Development 1.2.6 Pre-Existing Approvals 1.2.7 Building Permit and Certificate of Occupancy 1.2.8 Official Action 1.2.9 Conflicting Ordinances 1.2.10 Repealing Conflicting Ordinances REQUIRING PROPERTY M A R K E R S (SURVEY PINS) TO BE VISIBLE A T TIME OF BUILDING PERMIT 1.2.7 Building Permit and Certificate of Occupancy A. Building permit. The City shall not issue a building permit untili (1) the City has issued a development permit in accordance with the provisions of Chapter 4 - Administration of Land Use and Development Review, or otherwise found that a development permit is not required?, and f2Vthe property owner provides for property survey stakes to he visible for use durinp building and site work inspections for new construction or remodeling that changes the "footprint" of the structure, B. Certificate of occupancy required. To ensure completion of a development or use in the manner approved, a development shall not be occupied and a use shall not begin until the Building Official has issued a certificate of occupancy following completion of the work in substantial conformance to the applicable land use and building permits. C. Prior to final completion. Before the completion of all work, the Building Official may issue a certificate of occupancy for a portion of the structure conditioned upon completion of further work by a date certain. Chapter 2.1 - Residential Single Family (RS) Zone Sections: 2.1.1 Purpose 2.1.2 Permitted Uses 2.1.3 Transitional Uses 2.1.4 Conditional Uses 2.1.5 Dimensional Standards 2.1.6 Development Standards 2.1.7 Special Standards for Certain Uses 1 of 14 ATTACHMENT A -Amendments/City of Detroit Development Code - 2011 ORDINANCE NO. ¿3.5.3 MINIMUM L O T SIZE FOR SINGLE-FAMILY DWELLINGS 2.1.1 Purpose To provide for single-family dwellings and their accessory uses and to permit with conditional use approval certain other uses that are necessary or compatible to single-family residential living. The Single-Family Residential (RS) Zone is intended to preserve existing single-family residential areas and provide for future single-family residential housing opportunities. The RS Zone is consistent with the Single Family Residential Comprehensive Plan designation. 2.1.5 Dimensional Standards A. Minimum Lot Area 1. Single Family dwellings: 10.000 square feet 2. Public utility structures: Lot area shall be adequate to contain all proposed structures within the required yard setbacks. Chapter 2.2 - Residential Multi-family (RM) Zone Sections: 2.2.1 Purpose 2.2.2 Permitted Uses 2.2.3 Conditional Uses 2.2.4 Dimensional Standards 2.2.5 Development Standards MINIMUM L O T SIZE F O R SINGLE-FAMILY DWELLINGS 2.2.1 Purpose To provide for multiple family dwellings and other residentially oriented uses within and adjacent to single-family residential areas. It is the intent of the RM zone to act as a buffer between commercial and industrial uses and single-family residential development. 2.2.4 Dimensional Standards A. Minimum Lot Area 1. Single Family dwellings: 2. Duplex: 3. Multi-family dwelling, 3 unit 2 of 14 12,000 10.000 square feet 14,000 square feet 145,000 square feet plus 3,000 square feet per unit in excess 3 units ATTACHMENT A -Amendments/City of Detroit Development Code - 2011 ORDINANCE NO. ¿3.5.3 4. Public utility structures: Lot area shall be adequate to contain all proposed structures within the required yard setbacks Chapter 2.1 - Residential Single Family (RS) Zone Sections: 2.1.1 Purpose 2.1.2 Permitted Uses 2.1.3 Transitional Uses 2.1.4 Conditional Uses 2.1.5 Dimensional Standards 2.1.6 Development Standards 2.1.7 Special Standards for Certain Uses MINIMUM SQUARE FOOTAGE FOR SINGLE-FAMILY DWELLINGS R-l Zone District 2.1.1 Purpose To provide for single-family dwellings and their accessory uses and to permit with conditional use approval certain other uses that are necessary or compatible to single-family residential living. The Single-Family Residential (RS) Zone is intended to preserve existing single-family residential areas and provide for future single-family residential housing opportunities. The RS Zone is consistent with the Single Family Residential Comprehensive Plan designation. 2.1.2 Permitted Uses Within the RS zone, no building, structure or premise shall be used, arranged or designed to be used, erected, structurally altered, or enlarged except for the following uses and activities: A. Single-family dwellings including manufactured homes complying with the definitional requirements in Chapter 1.3 and 2.1.7 Section A. Single-family dwellings shall not have less than 700 square feet of living spac£ on newly developed properties, "Newly developed" simll be determined as not having a single-family structure or manufactured home on Xli^ properly six 010nths prioc.. "to. date of filing a building permit application. 2.1.7 Special Standards for Certain Uses This section supplements the standards contained in Sections 2.1.1 through 2.1.6. It provides standards for the following land uses in order to control the scale and compatibility of those uses within the RS Zone: A. Manufactured homes on individual lots. Manufactured homes are permitted on individual lots, subject to all of the following design standards, consistent with ORS 197.307(5). Exception: The following standards do not apply to units that existed within the City before the effective date of this Code. 1. Floor Plan. The manufactured home shall be multi-sectional and have an enclosed floor area of not less than 700 square feet; 3 of 14 ATTACHMENT A -Amendments/City of Detroit Development Code - 2011 ORDINANCE NO. ¿3.5.3 Chapter 2.2 - Residential Multi-Family (RM) Zone Sections: 2.2.1 Purpose 2.2.2 Permitted Uses 2.2.3 Conditional Uses 2.2.4 Dimensional Standards 2.2.5 Development Standards MINIMUM SQUARE FOOTAGE FOR SINGLE-FAMILY DWELLINGS 2.2.1 Purpose To provide for multiple family dwellings and other residentially oriented uses within and adjacent to single-family residential areas. It is the intent of the RM zone to act as a buffer between commercial and industrial uses and single-family residential development. 2.2.2 Permitted Uses Within the RM zone, no building, structure or premise shall be used, arranged or designed to be used, erected, structurally altered, or enlarged except for the following uses and activities: A. Dwellings, including single-family dwellings, manufactured homes complying with the definitional requirements in Chapter 1.3 and 2.1.7 Section A.s duplexes and multifamily dwellings, detached or attached. Single-family dwellings shall not have less than 700 square feet of living space. Chapter 2.3 - Commercial General (CG) Zone Sections: 2.3.1 Purpose 2.3.2 Permitted Uses 2.3.3 Conditional Uses 2.3.4 Limitations on Use 2.3.5 Dimensional Standards 2.3.6 Development Standards 2.3.7 Detroit Avenue Corridor Design Standards LOT COVERAGE FOR SINGLE-FAMILY DWELLINGS WITHIN COMMERCIAL DISTRICT Commercial Zone District 2.3.1 Purpose To provide areas for a wide range of retail, wholesale, transportation and service uses. To assure compatibility between these uses and adjacent residential and industrial uses, special standards are specified. 4 of 14 ATTACHMENT A -Amendments/City of Detroit Development Code - 2011 ORDINANCE NO. ¿3.5.3 2.3.2 Permitted Uses The following uses are permitted in the General Commercial (CG) Zone, subject to a Site Design Review in accordance with Chapter 4.2. N. Dwelling units accessory to a permitted use or above a permitted use in accordance with Multi- Family Residential (RM) development standards. 2.3.6 Development Standards B. Lot Coverage and Landscaping 1. Commercial Uses in the Commercial General Zone may use the entire parcel unless a portion of the parcel is devoted to landscaping. For residential uses other than dwelling units accessory to permitted uses in the Commercial General Zone, the maximum lot coverage, including the main building and any accessory structures, shall be M percent. Chapter 1.0 - Introduction TREE DIAMETER 1.3.2 Definitions The following words and phrases, when used in this Code, shall have the meanings set forth in this Chapter, except in those instances where the context clearly indicates a different meaning. Definitions marked with a # are further illustrated in Appendix A. Significant Tree: Any living, standing, woody plant, having a trunk eight inches or more in diameter or 25 inches in circumference, measured at a point four (4) feet above grade at the base of the trunk. Chapter 3.2 - Landscaping, Street Trees, Fences ai id Walls Sections: 3.2.1 Purpose 3.2.2 Landscape Conservation 3.2.3 New Landscaping 3.2.4 Street Trees 3.2.5 Fences and Walls TREE DIAMETER 3.2.1 Purpose This chapter is organized into the following sections: Section 3.2.2 - Landscape Conservation prevents the indiscriminate removal of significant trees and other vegetation, including vegetation associated with streams, wetlands and other protect natural resource areas. This section cross-references Chapter 3.7, which regulates development of sensitive lands. 5 of 14 ATTACHMENT A -Amendments/City of Detroit Development Code - 2011 ORDINANCE NO. ¿3.5.3 3.2.2 Landscape Conservation A. Applicability. All development sites containing Significant Vegetation, as defined below, shall comply with the standards of this Section. The purpose of this Section is to incorporate significant native vegetation into the landscapes of development and protect vegetation that is subject to requirements for Sensitive Lands (Chapter 3.7). The use of mature, native vegetation within developments is a preferred alternative to removal of vegetation and re-planting. Mature landscaping provides summer shade and wind breaks, and allows for water conservation due to larger plants having established root systems. B. Significant Vegetation. "Significant vegetation" means: 1. Significant Trees and Shrubs. Individual trees and shrubs with a trunk diameter of four M) eight (8) inches or gi^ HteF more or 25 inches in circumference, as measured four (4) feet above the ground (DBH), and all plants within the drip line of such trees and shrubs, shall be protected. Other trees may be deemed significant, when nominated by the property owner and designated by the City as "Heritage Trees" (i.e., by virtue of site, rarity, historical significance, etc.) 2. Sensitive Lands. Trees and shrubs on sites that have been designated "Sensitive Lands", in accordance with Chapter 3.7 (e.g., due to slope, natural resource areas, wildlife habitat, etc.) shall be protected. 3. Exception. Protection shall not be required for plants listed as non-native, invasive plants by the Oregon State University Extension Service in the applicable OSU bulletins for Marion County. C. Mapping and Protection Required. Significant vegetation shall be mapped as required by Chapter 4.2 - Site Design Review and Chapter 3.7 - Sensitive Lands. Significant trees shall be mapped individually and identified by species and size (diameter ^ four (1) of eight (8) inches or greater more or 25 inches in circumference-, as measured four (4) feet above grade, or "DBH"). A "protection" area shall be defined around the edge of all branches (drip-line) of each tree (drip lines may overlap between trees). The City also may require an inventoiy, survey, or assessment prepared by a qualified professional when necessary to determine vegetation boundaries, building setbacks, and other protection or mitigation requirements. Chapter 1.0 - Introduction RECREATIONAL VEHICLES 1.3.2 Definitions Recreational Vehicle iRV) - A vehicular-type structure without permanent foundation that can be towed, hauled, or driven and primarily designed as a temporaiy living accommodation for recreational, camping, and travel use and including, but not limited to travel trailers, truck campers, watcrcraft^ and self-propelled motor homes. For the purpose of recreational vehicles self-contained is defined as a complete and independent unit with such built-in equipment as kitchen units or fixtures and toilet rooms. 6 of 14 ATTACHMENT A -Amendments/City of Detroit Development Code - 2011 ORDINANCE NO. ¿3.5.3 Chapter 3.6 - Other Standards Sections: 3.6.1 Density Transfer 3.6.2 Signs 3.6.3 Recreational Vehicles 3.6.4 Open Camping RECREATIONAL VEHICLES AND OPEN CAMPING 3.6.3 RECREATION AT, VEHICLES iRVt A. Recreational Vehicles fRV> on Developed Single Family Zoned Land - RV mav be parked for human occupancy on the property under the following conditions; OWNER/LESSEE OCCUPIED 1. From April 1st through Octoher 31st. two (2) RVs mav he parked on the property. a. RV must he the property of the owner or full time lessee of the property or have permission of the owner or full time lessee 2. From November 1st through March 31st. two RVs mav be narked on the property up to the maximum of 30 d a m a. RV must he the property of the owner or full time lessee of the property or have permission of the owner or full time lesage, 3. RV must be parked at least five (5) feet from the front, side, and rear property lines and ten ¿lift feet from a structure when unit is fully extended, Note: Parking of RVs shall also comply with requirements for clear vision areas. 4. RV mav be connected to the owner or lessee power with a Marion County Public Works Department. Building Inspection Program approved RV connection box ONLY. Connections using extension cords are NOT allowed. 5. RV mav be self-contained: however, black and grev water holding tanks shall he emptied Qjlv at an authorized RV dump station. 6. Recreational Vehicle shall not be connected to the septic/sewer without proof of a Septic Authorization Notice from Marion County Public Works Department. Discharge of "grey 5Y3ter" and/or toilet facilities directly onto the ground is prohibited. ADDITIONAL UNITS 7. Anv additional RV narking requires a permit issued bv the City Recorder with approval of two (2) Citv Councilors when meeting the following. a. Permit is subject to a fee established by Resolution of the Detroit City Council. 7 of 14 ATTACHMENT A -Amendments/City of Detroit Development Code - 2011 ORDINANCE NO. ¿3.5.3 b. Permit applies to property owner/lessee requesting the permit and it is not transferable c. Adequate on-site parking shall he provided for additional vehicles allowing for setback from side and rear property lines and between vehicles a minimum of three feet in width. No parking is permitted within a front yard setback unless located within an B. Recreational Vehicle parking on Developed Multi-family (RM) Zoned Property - An RV may be parked for human occupancy on developed multi-familv zoned unit of land under the following conditions; 1. If there is only one single-family dwelling on the multifamilv zoned property. Section A (Numbers 1 through 6), Developed Single Family ZonedLantL regulations shall apply, 2. If there is more than one single-family residence on the property, property owner mav allow one (1) RV per dwelling unit for a resident-owner's or renter's personal use, however, more than one ri)RV,on the property requires City approval under the following conditions; a- RV must be parked at least five (5) feet from the front, side, and rear property lines, Each RV must be located a minimum of 10 feet from any other Structure when unit is fully extended, (Note; Parking of RVs shall also comply with requirements for clear yi&imi areas.) b. RV may be connected to the owner or lessee power with a Marion County Public Works Department, Building Inspection ProgramT approved RV connection box ONLY. Connections using extension cords are NOT allowed^ c. RV may be self-contained; however, black and grev water holding tanks shall be emptieiLonly at an authorized RV dump station. d. Adequate on- site parking shall be provided for additional vehicles allowing for setback from side and rear property lines and between vehicles a minimum of three (3^ feet in width. No parking is permitted within a front yard setback unless located within an approved driveway. C. Recreational Vehicle on Commercial General (CG) zoned unit of land that contains one single family_dwelling shall conform to the conditions in Section A (Letters 1 through 6), Developed Residential Single Family Zoned Lan» garbage collection. C. Residential, rcorcatkmaFvohielc use or storage of a recreational vehicle on undeveloped property zoned Commercia! GctK-ral=(CG) or Industrial Commercial (IC) is prohibited oxeeptHmr^eefeatìeaal vehicle (RV) park-iar a-commercial storage area/lot. D. Recreational vehicle s t rage or overnight use is prohibited on City streets and right-of-wayv E. Recreational velMete^toragc in Single Family or Multi Family Zones must-be on a graveled or paved driveway, side yatd, ot hacJ^yafér 12 of 14 ATTACHMENT A -Amendments/City of Detroit Development Code - 2011 ORDINANCE NO. ¿3.5.3 Chapter 5.1 - Variances Sections: 5.1.1 Purpose 5.1.2 Minor Variance 5.1.3 Major Variance 5.1.4 Variance Application and Appeals 5.1.5 Expiration of Approval - Standards for Extension of Time 5.1.6 Transfer of Variance 5.1.1 Purpose Flexibility, adaptability, and reasonableness in the application and administration of development standards is necessary where special conditions exist. For lands, or uses with unique characteristics, the intent and purpose of the development standard may be maintained while allowing adjustments to requirements. No variance shall be approved which permits the establishment of a use, or activity not identified in a zone. Because some variances are granted using "clear and objective standards," they can be granted by means of a Type I procedure. Other variances, as identified below, require a Type II or Type III procedure because they involve discretionary decision-making. ALLOWING VARIANCES FOR THE PURPOSE Ol PROPERTY ACCESS 5.1.2 Class A Variance A. Class A Variances. The following variances are reviewed using a Type I procedure, as governed by Chapter 4.1, using the approval criteria in Subsection B, below: 1. Front yard setbacks. Up to a ten (10) percent change to the front yard setback standard in the land use zone. 2. Interior setbacks. Up to a ten (10) percent reduction of the dimensional standards for the side and rear yard setbacks required in the base land use zone. 3. Lot coverage. Up to ten (10) percent increase of the maximum lot coverage required in the base zone. 4. Landscape area. Up to ten (10) percent reduction in landscape area (overall area or interior parking lot landscape area). 5. Access. Temporary access for RV parking during the time period of May 1st through September 30th based upon a Citv approved location* 1h. Access for turn-around driveway based upon a maximum driveway and approach width of 10th feet. 13 of 14 ATTACHMENT A -Amendments/City of Detroit Development Code - 2011 ORDINANCE NO. ¿3.5.3 £j_ Access to a second subdivided parcel or lot under the same ownership for for such parcels or lots combined based upon Citv approval of a lot consolidation or lot line adjustment application.) B. Class A Variance Approval Criteria. A Class A Variance shall be granted if the applicant demonstrates compliance with all of the following criteria: 1. The variance requested is required due to the lot configuration, or other cond itions of the site; 2. The variance does not result in the removal of trees, or it is proposed in order to preserve trees, if trees are present in the development area; 3. The variance will not result in violation(s) of Chapter 3, or other design standards. 5.1.3 Variance Application and Appeals The variance application shall conform to the requirements for Type I, II, or III applications (Chapter 4.1.3, 4.1.4, 4.1.5), as applicable. In addition, the applicant shall provide a narrative or letter explaining the reason for their request, alternatives considered, and why the subject standard cannot be met without the variance. Appeals to variance decisions shall be processed in accordance with the provisions of Chapter 4.1. 5.1.6 Expiration of Approval—Standards for Extension of Time A. Variance approval shall be effective for a period of one (1) year from the date of approval. If the variance request has not been implemented within the one (1) year period, the approval shall expire. B. Variance approval shall be voided immediately if the use established on site does not substantially conform to the approval granted by the City. C. The City Recorder shall, upon request by the applicant and payment of the required fee, grant an extension of the approval for a period not to exceed six (6) months. Requests for extension of approval shall be submitted in writing thirty (30) days before the expiration date of the approval period. COMPREHENSIVE PLAN MAPS 1. City of Detroit Comprehensive Plan and Zoning Map, 2009, to replace 2002 version of map 2. City of Detroit Slope Map: 2008 14 of 14 ORDSMAhSCE WO 224 AN ORDIhSAIMCE ADOPTING TEXT AMENDMENTS TO THE CITY OF DETROIT DEVELOPMENT CODE WHEREAS, the City of Detroit determined the need to amend the text of the Detroit Development Code to revise regulations to Chapter 3.6.4 Open Camping/Tents on individual properties, and WHEREAS, the Planning Commission conducted a public hearing to consider the requests on March 22, 2011, at which time the public was given full opportunity to be present and heard on the matter; and WHEREAS, at the close of the public hearing, the Planning Commission voted to recommend that the City Council approve the revised document at the public hearing; and WHEREAS, the City Council conducted a public hearing to consider the request on March 22, 2011; at which time the public was given full opportunity to be present and heard on the matter; and continued to March 29, 2011; and continued to April 12, 2011; for Council deliberation; and WHEREAS, at the close of the public hearing, the City Council voted to approve the request subject to the revisions stated at the public hearing; and WHEREAS., proper notice of the said public hearing and continuations were given to the public pursuant to applicable state statutes; and WHEREAS, the City Council of the City of Detroit hereby adopts the findings of fact set forth in the staff report dated March 14, 2011, for the March 22, 2011 Council hearing; NOW THEREFORE THE CITY OF DETROIT ORDAINS AS FOLLOWS: Section 1. The amendments to the City of Detroit Development Code; as provided in Exhibit A (attached); and Section 2, The City Council for the City of Detroit completed its first reading on May 10, 2011; and completed its 2nd~7eading, by title only, on May 10, 2011; and declared an emergency. The City of Detroit notes that this Ordinance shall be in full force and effect May 12, 2011. Section 3. Emergency Clause. The Council desires and deems it necessary for the preservation of the health, peace, and safety of the City of Detroit thai this ordinance take effect immediately, and therefore, an emergency is hereby declared to exist, and this ordinance shall be in full force and effect after its passage by the Council with an effective date of May 12, 2011. First Reading: May 10, 2011 Second Reading By Title Only: May 10, 2011 PASSED and adopted by the City Council of the City of Detroit on this 10th day of May, 2011, by the following votes and providing an effective date of l^ay 12, 2011. AYES: \ NAYSiJSL— ABSENT: Q Signed: Attest: ORD No. 224 - Development Code Text Amendments (DCTA 20 J1-01) Attachment A - City of Detroit, Development Code Text Amendment 2011-01 Development Code Section 3.6.3 Open Camping/Tents Ordinance Number fl 3.6.4 OPEN CAMPING/TENTS A. Developed Single Family ARSÌ Zoned Property, Multi-familv fRMi Zoned Property with Single Family Residence, Commercial (CGÌ Zoned Property with Single Family Residence 1. A maximum of four (4) tents mav he placed on single-familvT multi-familv and commercial ZQned property with single family residences, and a maximum of four (4) tents per unit mav placed on multi-familv and commercial zoned unit of property with multiple dwellings and allowed; a. from April 1st through October 31st. b. from November!51 through March 31st up to the maximum of 14 consecutive davs in a 30 dav period, and c. meeting the following conditions (1) Tents must be placed at least five (Si feet from the side and rear property lines and at least ten H0Ì feet from the front property line. Each tent must he located a minimum of five (5) feet from any other camping space or structure when the unit is 2. Additional tents require a permit issued by the City Recorder and approval of two (2} Councilors when meeting the following* a. Permit is subject to an applicable fee established bv Resolution of the Detroit City Council. b. Permit applies to property owner requesting the permit and is not transferable with the property. 3. Adequate on-site parking shall be made available for vehicles of all guests and family members allowing for a setback from the side and rear property lines and between vehicles ajninimum of three feet in width. No parking is permitted within a front yard setback unless located within a City-approved driveway. B. Residential Undeveloped property - Tent camping on residential undeveloped property must comply with the following regulations; 1. Property must have an installed water meter and a water line going from the meter to a hose bib on the property. During use of the property the water must be turned on and a hose available for fire dousing in fire pits and fire protection. 2. The property must have a Citv approved access driveway. 3. Adequate on-site parking shall be provided for additional vehicles allowing for setback from side and rear property lines and between vehicles a minimum of three feet in Wdth. No parking is permitted within a front yard setback unless located within a driveway. 1 of 3 Attachment A - City of Detroit, Development Code Text Amendment 2011-01 Development Code Section 3.6.3 Open Camping/Tents Ordinance Number fl 4. A maximum of four (4) tents are allowed. 5. Camping is allowed from April 1st through Qctober3Qth 6. Tents mav be placed on the property up to the maximum of 14 consecutive davs within a 30- dav period. 7. Tents must be placed at least five (5) feet from the side and rear property lines and at least ten HOi feet from the front property line. Each tent must be located a minimum of five feet from any other camping space when the unit is fully extended. 8. Toilet facilities must be provided. Property owner must obtain approval for a porta-potty from the CitvT or providejirooiLof an acceptable sanitation system approved by the City* 9. All trash shall be removed from the site. 10. Additional tents require a permit issued bv the City Recorder and approval of two (2) Councilors when meeting the following, a. Permit is subject to an applicable fee established bv Resolution of the Detroit City Council. b. Permit 3pp 11 ^ S-to p.r.Qp r^ty own^x..reci . tli.^ p^rni.it Eiid..is not trEnsfcr^ibl^ witli tlii^ propertyt C. Commercial Undeveloped property - Camping is prohibited on undeveloped commercial property. D. Commercial Developed Property - Camping is prohibited on commercial developed property exceptTor Motels as defined in Ordinance No. 215. Transient Occupancy Tax Ordinance, but excluding motels located in the Detroit Avenue Business Corridor (properties abutting Detroit Avenue and zonedXommercial General CG); 1. Motel (Definition); Anv structureT or anv portion of any structure, which is occupied or intended or designed for occupancy for 30 consecutive days or less for dwelling, lodging, or sleeping purposes, and includes, by way of illustration and not limitation, any motel, inn, tourist home or house, hotel, bed & breakfast, studio hotel, bachelor hotelT lodging house, rooming hous^partment house, public or private dormitory, fraternity, sorority, public or private club, space in mobile home or trailer parks, or similar structure or portions thereof MJ occupied. a. A maximum of four (4) guest tents are allowed, b. Tents must be placed at least five feet from the side and rear property lines and at least ten (10) feet from the front property line. Each tent must be located a minimum of five (5) feet from any other camping space or structure when the unit is fullv extended. Cxii.^ S-t. Jtffiiii g&iupmg i S.&11 owed t 2 of 3 Attachment A - City of Detroit, Development Code Text Amendment 2011-01 Development Code Section 3.6.3 Open Camping/Tents Ordinance Number fl from November!5* through March31stup to the maximum of 14 consecutive days in a 30 day period» d. Additional tents requires a permit issued by the City Recorder and approval of two (2) Councilors when meeting the following. • Permit is subject to an applicable fee established bv Resolution of the Detroit City CounciL • Permit applies to property owner requesting the permit and is not transferable with the property. • Adequate on-site parking must be available for vehicles allowing for setback from side and rear property lines and beftHen:y'iliifks_a minimum of three (3) feet in width, No parking is permitted within afcoiit yard setback unless located within a driveway. E. Other 1. Anv Open Camning/Tent conditions not specifically addressed requires a permit issued bv the Citv Recorder with approval of Councilors when meeting the following. a. Permit is subject to an applicable fee established bv ReSQlutionLQlthe Detroit Citv Council b. Permit applies to property owner requesting the permit and is not transferable with the property. City of Detroit Development Code 3,6.4,Open Camping. No open camping shall be permitted on vacant property. 3 of 3 MID - WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS 105 High Street S.E. Salem. OR 97301-3667 FIRST CLASS Attn: Plan Amendment Specialist DLCD 635 Capitol St NE, Suite 150 Salem OR 97301-2540