ORDINANCE 15-285

AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE CITY OF LAKESIDE, REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE POLITICAL SUBDIVISION DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES.

WHEREAS, the present general and permanent ordinances of the political subdivision are inadequately arranged and classified and are insufficient in form and substance for the complete preservation of the public peace, health, safety and general welfare of the municipality and for the proper conduct of its affairs; and

WHEREAS, the Acts of the Legislature of the State of Oregon empower and authorize the political subdivisions to revise, amend, restate, codify and compile any existing ordinances and all new ordinances not heretofore adopted or published and to incorporate such ordinances into one ordinance in book form; and

WHEREAS, the Legislative Authority of the Political Subdivision has authorized a general compilation, revision and codification of the ordinances of the Political Subdivision of a general and permanent nature and publication of such ordinance in book form; and

WHEREAS, it is necessary to provide for the usual daily operation of the municipality and for the immediate preservation of the public peace, health, safety and general welfare of the municipality that this ordinance take effect.

NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE AUTHORITY OF THE POLITICAL SUBDIVISION OF THE CITY OF LAKESIDE:

Section 1. The general ordinances of the Political Subdivision as revised, amended, restated, codified, and compiled in book form are hereby adopted as and shall constitute the "Code of Ordinances of the City of Lakeside."

Section 2. Such Code of Ordinances as adopted in Section 1 shall consist of the following Titles:

TITLE I: GENERAL PROVISIONS 10. General Code Construction; General Penalty

TITLE III: ADMINISTRATION 30. City Organizations 31. Elections 32. Policies and Procedures 33. Tax and Finance

TITLE V: PUBLIC WORKS 50. General Provisions 51. Solid Waste 52. Sewer Regulations

TITLE VII: TRAFFIC CODE 70. Recreational Vehicles 71. Traffic Schedules

2016 S-1 2 Lakeside - Adopting Ordinance

TITLE IX: GENERAL REGULATIONS 90. Animals 91. Abandoned/Disabled Vehicles 92. City Cemete1y 93. Nuisances 94. Streets and Sidewalks

TITLE XI: TRAFFIC CODE 110. Business Licenses 111. Peddlers

TITLE XIII: GENERAL OFFENSES 130. Crime Property 131. Vandalizing

TITLE XV: LAND USAGE 150. General Provisions 151. Building Regulations 152. Comprehensive Plan 153. Flood Damage Prevention 154. Subdivisions 155. Zoning Code I ( TABLE OF SPECIAL ORDINANCES (Reserved)

Section 3. All prior ordinances pertaining to the subjects treated in such Code of Ordinances shall be deemed repealed from and after the effective date of this ordinance except as they are included and reordained in whole or in part in such Code; provided, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this ordinance, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code.

Section 4. Such Code shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Political Subdivision is hereby authorized and ordered to file a copy of such Code of Ordinances in the Office of the Clerk

Section S. Such Code shall be in full force and effect as provided in Section 6, and such Code shall be presumptive evidence in all courts and places of the ordinance and all provisions, sections, penalties and regulations therein contained and of the date of passage, and that the same is properly signed, attested, recorded, and approved and that any public hearings and notices thereof as required by law have been given.

Section 6. This ordinance is shall take effect 30 days after adoption as provided by law.

2016 S-1 Adopting Ordinance 3

lt~IRST READ to the Council the 10 day of September, 2015

PASSED by the council this 8 day of October, 2015

SIGNED by the Mayor this 13 day of October, 2015

Effective this 13 day of October, 2015

ATTEST: APPROVED: \s\ Curtis Kelling \s\ Dean Warner City Recorder/Manager Mayor

2016 S-1 4 Lakeside - Adopting Ordinance CHARTER

1 2 Lakeside - Charter CHARTER

TO PROVIDE FOR THE GOVERNMENT OF copies of this charter in each of which he shall THE CITY OF LAKESIDE, COOS COUNTY, maintain an accurate up-to-date description of the OREGON: AND TO REPEAL ALL CHARTER boundaries. The copies and descriptions shall be PROVISIONS OF THE CITY ENACTED PRIOR TO available for public inspection at any time during THE TIME THAT THIS CHARTER TAKES regular office hours of the recorder. The boundary EFFECT. description shall comprise the following: (See Appendix)

BE IT ENACTED BY THE PEOPLE OF THE CITYOFLAKESIDE, COOS COUNTY, OREGON: CHAPTER II POWERS

CHAPTER I NAME AND BOUNDARIES Section 4. Powers of the City.

The city shall have all powers which the Section 1. Title of Enactment. constitutions, statutes, and common law of the United States and of this state expressly or impliedly grant or This enactment may be referred to as the allow municipalities, as fully as though this charter Lakeside Charter of 1976. specifically enumerated each of those powers.

Section 2. Name of City. Section 5. Construction of Charter.

The municipality of Lakeside, Coos County, In this charter no mention of a particular power Oregon, shall continue to be a municipal corporation shall be construed to be exclusive or to restrict the with the name of "City of Lakeside." scope of the powers which the city would have if the particular power were not mentioned. The charter shall be liberally construed to the end that the city may Section 3. Boundaries. have all powers necessary or convenient for the conduct of its municipal affairs, including all powers The city shall include all territory encompassed that cities may assume pursuant to state laws and to by its boundaries as hereinafter described or hereafter the municipal home rule provisions of the state modified by voters, by the council, or by any other constitution. agency with legal power to modify them. The recorder shall keep in his office at the city hall at least two

3 4 Lakeside - Charter

CHAPTER III Section 9. Mayor. FORM OF GOVERNMENT At each general election, a mayor shall be elected for a term of two years. Section 6. Where Powers Vested,

Except as this charter provides otherwise, all Section 10. Other Officers. powers of the city shall be vested in the council. Additional officers of the city shall be a recorder and such other officers as the council deems Section 7. necessary. Each of these officers shall be appointed and may be removed by the mayor with the consent of The council shall be composed of a mayor and the council. The council may combine any two or six councilmen elected from the city at large. more appointive city offices. The council may designate any appointive officer to supervise any other appointive officer except the municipal judge in the Section 8. Councilmen, exercise of his judicial functions.

The term of office of each councilman in office when this charter is adopted shall continue for the Section 11. Salaries. term for which he was elected except as hereinafter set forth. At the first general election after this charter is The compensation for the services of each city adopted, the three councilmen whose terms will first officer and employee shall be the amount fixed by the expire, shall stand election for office for a term of council. four years. At such election a fourth councilman shall be elected for a term of two years. At such election the three candidates receiving the highest number of Section 12. Qualifications of Officers. votes each among all of the other candidates shall be elected to four year terms of office each. The No person shall be eligible for an elective office candidate receiving the fourth highest number of votes of the city unless at the time of his election he is a among all the other candidates shall be elected to a qualified elector within the meaning of the state two year term of office. At the second general election constitution and the election laws of the state and has after this charter is adopted, the remaining two resided in the city during the 30 days immediately councilmen and the councilman elected to the two year preceding the election. The council shall be final judge term at the first election shall stand election for office of the qualifications and election of its own members, for a term of four years each. At each subsequent subject, however, to a review by a court of competent general election, those councilmen whose term will jurisdiction. expire in the ensuing year shall each stand election for a four year term of office. At such subsequent elections the candidates receiving the highest number of votes each among all the other candidates shall be CHAPTER IV elected. Further provided that the terms of the COUNCIL councilmen in office when this charter is adopted shall be extended or shortened respectively to give full effect to this section. Section 13. Meetings.

The council shall hold a regular meeting at least once each month in the city at a time and at a place Charter 5

which it designates. It shall adopt rules for the Section 18. President of the Council. government of its members and proceedings. The mayor upon his own motion may, or at the request of At its first meeting after this charter takes effect three members of the council shall, by giving notice and thereafter at its first meeting of each odd­ thereof to all members of the council then in the city, numbered year, the council by. ballot shall elect a any by giving such public notice as is required by the president from its membership. In the mayor's laws of the state of Oregon for public meetings, call a absence from a council meeting, the president shall special meeting of the council for a time not earlier preside over it. Whenever the mayor is unable to than twenty-four hours after the notices are given. perform the functions of his office, the president shall Special meetings of the council may also be held at act as mayor. any time by the common consent of all members of the council provided such notices are given. Section 19. Vote Required.

Section 14. Quorum. Except as this charter otherwise provides, the concurrence of a majority of the members of the A majority of members of the council shall council present at a council meeting shall be necessary constitute a quorum for its business. to decide any question before the council.

Section 15. Journal. CHAPTER V The council shall cause a journal of its POWERS AND DUTIES OF OFFICERS proceedings to be kept. The ayes and nays upon any question before it, shall be taken, and a record of the vote entered in the journal. Section 20. Mayor.

The mayor shall appoint the committees provided Section 16. Proceedings to be Public. by the rules of the council. He shall sign all records of proceedings approved by the council. He shall have no No action by the council shall be valid or veto power and shall sign all ordinances passed by the enforceable unless the same was taken at a meeting council within three days after their passing. called pursuant to Section 13 hereof.

Section 21. Municipal Judge. Section 17. Mayor's Functions at Council Meetings. In the event a municipal judge is appointed, he shall be the judicial officer of the city. He shall hold The mayor shall be chairman of the council and within the city a court known as the municipal court preside over its deliberations. He shall have a vote on for the city of Lakeside, Oregon. The court shall be all questions before it. He shall have authority to open for the transaction of judicial business at times preserve order, enforce the rules of the council, and specified by the council. All areas within the city shall determine the order of business under the rules of the be within the territorial jurisdiction of the court. The council. municipal judge shall exercise original and exclusive jurisdiction of all offenses defined and made punishable by ordinances of the city and of all actions brought to recover or enforce forfeitures or penalties 6 Lakeside - Charter

defined or authorized by ordinances of the city, to Section 25. Special Elections. commit any such person to jail or admit him to bail pending trial, to issue subpoenas, to compel witnesses The council shall provide the time, manner, and to appear and testify in court on the trial of any cause means for holding any special election, in accordance before him, to compel obedience to such subpoenas, with applicable state election laws. to issue any process necessary to carry into effect the judgments of the court, and to punish witnesses and others for contempt of court. When not governed by Section 26. Regulation of Elections. ordinances or this charter, all proceedings in the municipal court for the violation of a city ordinance Except as this charter provides otherwise and as shall be governed by the applicable general laws of the the council provides otherwise by ordinances relating state governing justices of the peace and justice to elections, the general laws of the state shall apply to courts. the conduct of all city elections, recounts of the returns therefrom, and contests thereof.

Section 22. Recorder. Section 27. Canvass of Returns. The recorder shall serve ex officio as clerk of the coun_cil, attend all its meetings unless excused In all elections held in conjunction with state and therefrom by the council and keep an accurate record county elections, the state laws governing the filing of of its proceedings. In the recorder's absence from a returns by the county clerk shall apply. In each special council meeting, the mayor shall appoint a clerk of the city election the returns therefrom shall be filed with council pro tern who, while acting in that capacity, the recorder on or before noon of the day following, shall have all the authority and duties of the recorder. and not later than five days after the election the council shall meet and canvass the returns. The results of all elections shall be entered in the record of the proceedings of the council. The entry shall state the CHAPTER VI total number of votes ·cast at the election, the votes ELECTIONS cast for each person and for and against each proposition, the name of each person elected to office, the office to which he has been elected, and a Section 23. Regular Elections. reference to each measure enacted or approved. Immediately after the canvass is completed, the Regular city elections shall be held at the same recorder shall make and sign a certificate of election times and places as state general elections, in of each person elected and deliver the certificate to accordance with applicable state election laws. him within one day after the canvass. A certificate so made and delivered shall be prima facie evidence of the truth of the statements contained in it. Section 24. Notice of Regular Elections.

Except as may be otherwise provided by the Section 28. Tie Votes. election laws of the state of Oregon, the recorder, pursuant to directions from the council, shall give at In the event of a tie vote for candidates for an least ten days' notice of each regular city election by elective office, the successful candidate shall be posting notice thereof in three conspicuous public determined by a public drawing of lots in a manner places in the city. The notice shall state the officers to prescribed by the council. be elected, the ballot title of each measure to be voted upon, and the time and place of the election. Charter 7

Section 29. Commencement of Terms of Office. appointee's term of office shall begin immediately upon his appointment and shall continue until a The term of office of a person elected at a regular successor is elected at the next regular general election city election shall commence at the first council to fill the remainder of the unexpired term of said meeting in the year immediately ensuing the year of office. his election.

Section 30. Nominations. CHAPTER VIII ORDINANCES A qualified person may be nominated for an elective city position. Nomination shall be by petition signed by at least 25 electors of the city and shall be Section 33. Enacting Clause. filed with the recorder at least 65 days before the day of the election or such other time as may be required The enacting clause of all ordinances hereafter by state law. The council may, by ordinance, provide enacted shall be, "The city of Lakeside ordains as for the contents of the petition. follows:"

Section 34. Mode of Enactment. CHAPTER VII VACANCIES IN OFFICE (1) Except as the second and third paragraphs of this section provide to the contrary, every ordinance of the council shall, before being put upon its final Section 31. What Creates Vacancy. passage, be read fully and distinctly in open council meeting on two different days. An office shall be deemed vacant upon the incumbent's death; adjudicated incompetence; (2) Except as the third paragraph of this section conviction of a felony, other offense pertaining to his provides to the contrary, an ordinance may be enacted office, or unlawful destruction of public records; at a single meeting of the council by unanimous vote resignation, recall from office; or ceasing to possess of all council members present, upon being read first the qualifications for the office; upon the failure of the in full and then by title. person elected or appointed to the office to qualify therefor within ten days after the time for his term of (3) Any of the readings may be by title only if office to commence; or in the case of a mayor or no council member present at the meetings requests to councilman, upon his absence from the city for 30 have the ordinance read in full and if a copy of the days without the consent of the council or upon his ordinance is provided for each council member and absence from meetings of the council for 60 days three copies are provided for public inspection in the without like consent, and upon a declaration by the office of the city recorder not later than one week council of the vacancy. In the event a mayor or before the first reading of the ordinance and if notice councilman ceases to be a resident of the city of of their availability is given forthwith upon the filing, Lakeside, his office shall be declared vacant. by written notice posted in three conspicuous public places in the city or by advertisement in a newspaper of general circulation in the city. An ordinance Section 32. Filling of Vacancies. enacted after being read by title alone shall have no legal effect if it differs substantially from its terms as Vacant elective offices in the city shall be filled it was thus filed prior to such reading, unless each by appointment. A majority vote of the council shall section incorporating such a difference is read fully be required to validate the appointment. The 8 Lakeside - Charter and distinctly in open council meeting as finally Section 37. Condemnation. amended prior to being approved by the council. Any necessity of taking property for the city by (4) Upon the final vote on an ordinance, the condemnation shall be determined by the council and ayes and nays of the members shall be taken and declared by a resolution of the council describing the entered in the record of the proceedings. property and stating the uses to which it is to be devoted. (5) Upon the enactment of an ordinance the recorder shall sign it with the date of its passage and his name and title of office, and within three days Section 38. Assessments. thereafter the mayor shall sign it with the date of his signature, his name and the title of his office. The city shall have power to provide for the payment of any part or all of the cost of land or other properties acquired for public use, of the cost of Section 35. When Ordinances Take Effect. constructing, reconstructing, repairing, operating or maintaining any structure or work in the nature of a An ordinance enacted by the council shall take public facility or improvement, including a public effect on the thirtieth day after its enactment. When utility, and of the cost of any other public work or the council deems it advisable, however, an ordinance service by levying and collecting assessments upon the may provide a later time for it to take effect, and in property specially benefitted thereby. If it is proposed case of an emergency, it may take effect immediately. to pay, by assessment upon the property benefitted, all or part of any public improvement, such improvement shall be commenced on the motion or resolution of the council or on petition of the owners of one-half of the CHAPTER IX property to benefit specially from the improvements. PUBLIC IMPROVEMENTS After a hearing upon such resolution or motion, and any remonstrance thereto, the council may deny or undertake such improvement or any part thereof. Section 36. Acquisition and Disposition of Provided that a remonstrance of the owners of Property. two-thirds of the area within the boundaries of any special assessment district whether the property within The city shall have power to acquire by purchase, the boundaries of said proposed assessment district gift, devise or condemnation any property either abuts upon any such proposed public improvement or within or without its corporate boundaries for any not, shall defeat such a motion or resolution, in which municipal purpose, for the purpose of protecting/ event no further action to effect the improvement shall preserving, or facilitating any improvements, for the be taken for six months. For the purposes of this purpose of bringing about such development of chapter, "owner" shall mean the record holder of property along or in the vicinity of an improvement as legal title; provided that if the affected property is will make the development harmonious with and being sold under a land sale contract, recorded in the adjusted to the improvement, or for any combination office of the County Clerk of Coos County, Oregon, of such purposes. The city shall also have power to such purchaser shall be deemed the "owner"; and acquire by condemnation property in excess of that provided that where legal title holders or contract needed for the actual improvement and to sell or lease purchasers are in fact tenants by the entirety, tenants the excess with such building and use restrictions and in common, joint tenants or any other similar conditions as will tend to make its development combined ownership, the signature of any one of such harmonious with and adjusted to adjacent public persons shall be deemed that of the entire ownership improvements. (unless another co-owner in such ownership files with Charter 9 the council in writing a disclaimer of such signature, Section 42. Existing Ordinances Continued. in which case the signatures of co-owners owning more than one-half of such ownership shall be All ordinances of the city consistent with this required). Except as may be otherwise provided for in charter and in force when it takes effect shall remain this charter, the procedure for levying and collecting in effect until amended or repealed. special assessments for public improvement shall be governed by ordinance or by state law for the collection of special assessments. This charter was duly adopted by the vote of the people of the city of Lakeside at an election held on the 5th day of May, 1976, 279 votes having been cast in favor of adoption and 121 votes having been cast CHAPTERX against adoption. MISCELLANEOUS PROVISIONS /s/ J. Robert Friend, Mayor Section 39. Torts.

Every person who claims damage from the city ATTEST: for or on account of any loss or injury, shall cause to be presented to the city, within 180 days after the /s/ alleged loss or injury, a written notice stating the time, S. E. Herman, City Recorder place and circumstances thereof, and the amount of compensation or relief demanded. The notice of claim shall be presented to the city recorder. No action shall be maintained unless such notice has been given and unless the action is commenced within two years after the date of the accident or occurrence.

Section 40. Bid Requirements.

Before any public improvement or the purchase of any personal property, the estimated total cost of which is $25,000.00 or more, the city council shall call for bids and shall follow the procedures as set forth in laws of the State of Oregon pertaining to public purchasing for public improvements of such value or cost as require bidding procedures. In the event no such laws exist, the council shall provide for the method of bidding.

Section 41. Disposal of Property.

The council shall make such rules and regulations as necessary to dispose of abandoned, confiscated or lost property within the city. 10 Lakeside - Charter Charter 11

APPENDIX

CITY BOUNDARY DESCRIPTION

LAKESIDE CHARTER 1976

Beginning at the Southeast corner of Section 18, T. 23 S., R. 12 W. W. M.; thence Westerly 1 mile to the Southwest corner of said Section 18; thence continuing Westerly along the South line of Section 13, T. 23 S, R. 13 W. W. M. to the Southwest corner of the Cecil M. Bradley property; thence North along the West line of the Cecil M. Bradley property to the Northwest corner of said property; thence East along the 1/16 line to the Southeast corner of the P. J. Memegat property; thence North to the Northeast corner of the P. J. Memegat property; thence West to the Center East 1/16 corner of Section 13, T 23 S., R. 13 W.W.M.; thence North along the 1/16 section line to the centerline of the Southern Pacific Railroad right of way; thence Westerly along the centerline of said railroad right of way to the East right of way line of U. S. Highway 101; thence Northerly along the East right of way ofU. S. Highway 101 through Sections 13 and 12 ofT. 23 S., R 13 W.W. M. to the West line of Section 7, T. 23 S., R. 12 W. W. M.; thence Northerly along the West line of said Section 7 to the Northwest corner of said section; thence North along the West line of Section 6, T. 23 S., R. 12 W.W.M. to the Southwesterly right of way of Old U. S. Highway 101; thence Southeasterly along said Southwesterly right of way to the Westerly right of way of the present U. S. Highway 101; thence Southerly along the Westerly right of way of the present U. S. Highway 101 to the North line of the SW 1/ 4 of the SW 1/ 4 of Section 6, T. 23 S. 3 R. 12 W.W.M.; thence Easterly along the North line of the SW 1/4 of the SW 1/4 of said Section 6 to the SW 1/16 corner of Section 6; thence South 1/4 of a mile to the West 1/16 corner between Sections 6 and 7, T. 23 S., R. 12 W.W.M.; thence South through the West half of Section 7, T. 23 S., R. 12. W.M. 1/2 mile to the CW 1/16 corner of said Section 7; thence East 1/4 mile to the center of said Section 7; thence South 1/4 mile to the Center South 1/16 corner on the North-South centerline; thence East 1/2 mile to the South 1/16 corner on the Section line between Sections 7 and 8, T. 23 S., R. 12 W.W.M.; thence South 1/4 mile to the section corner common to Sections 7-8-17 and 18, T. 23 S., R. 12 W.W.M.; thence East on the section line between sections 8 and 17 to a point in the center of North Tenmile Lake; thence Southerly along the centerline of said North Tenmile Lake to the Northwest corner of the David G. Hanson property; thence South along the West line and the West line extended of the said Hanson property to the centerline of the North Lake County Road; thence East along the centerline of the North Lake County Road to the East boundary of Playa Resort; thence South along the East boundary of Playa Resort to the center of Tenmile Lake; thence Southwesterly along the center of Tenmile Lake to a point on the Section line between Sections 17 and 20 T. 23 S. , R. 12 W. ; thence West to the point of beginning. 12 Lakeside - Charter TITLE I: GENERAL PROVISIONS

Chapter

10. GENERAL CODE CONSTRUCTION; GENERAL PENALTY

1 2 Lakeside - General Provisions CHAPTER 10: GENERAL CODE CONSTRUCTION; GENERAL PENALTY

Section

10.01 Title of code § 10.02 INTERPRETATION. 10.02 Interpretation 10.03 Application to future ordinances Unless otherwise provided herein, or by law or 10.04 Captions implication required, the same rules of construction, 10.05 Definitions definition and application shall govern the 10.06 Rules of interpretation interpretation of this code as those governing the 10.07 Severability interpretation of state law. 10.08 Reference to other sections 10.09 Reference to offices 10.10 Errors and omissions § 10.03 APPLICATION TO FUTURE 10.11 Official time ORDINANCES. 10.12 Reasonable time 10.13 Ordinances repealed All provisions of Title I compatible with future 10.14 Ordinances unaffected legislation shall apply to ordinances hereafter adopted 10.15 Effective date of ordinances amending or supplementing this code unless otherwise 10.16 Repeal or modification of ordinance specifically provided. 10.17 Ordinances which amend or supplement code 10.18 Section histories; statutory references § 10.04 CAPTIONS.

10.99 General penalty Headings and captions used in this code other than the title, chapter and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section. § 10.01 TITLE OF CODE.

(A) All ordinances of a permanent and general § 10.05 DEFINITIONS. nature of the city, as revised, codified, rearranged, renumbered and consolidated into component codes, (A) General rule. Words and phrases shall be titles, chapters and sections, shall be known and taken in their plain, or ordinary and usual sense; designated as the "Lakeside City Code", for which however, technical words and phrases having a designation "code of ordinances", "codified peculiar and appropriate meaning in law shall be ordinances" or "code" may be substituted. understood according to their technical import.

(B) Code title, chapter and section headings do (B) Definitions. For the purpose of this code, the not constitute any part of the law as contained in the following definitions shall apply unless the context code. clearly indicates or requires a different meaning.

3 4 Lakeside - General Provisions

CITY, MUNICIPAL CORPORATION or SIGNATURE or SUBSCRIPTION. MUNICIPALITY. The area within the corporate Includes a mark when the person cannot write. boundaries of the city as presently established or as amended by ordinance, annexation or other legal STATE. The State of Oregon. actions at a future time. The term CITY when used in this code may also be used to refer to the City Council SUBCHAPTER. A division of a chapter, and its authorized representatives. designated in this code by a heading in the chapter analysis and a capitalized heading in the body of the CODE, THIS CODE or THIS CODE OF chapter, setting apart a group of sections related by ORDINANCES. This municipal code as modified by the subject matter of the heading. Not all chapters amendment, revision and adoption of new titles, have SUBCHAPTERS. chapters or sections. WRITTEN. Any representation of words, COUNTY. Coos County. letters or figures, whether by printing or otherwise.

GOVERNING BODY. The Lakeside City YEAR. A calendar year, unless otherwise Council. expressed.

MAY. The act referred to is permissive. § 10.06 RULES OF INTERPRETATION. MONTH. A calendar month. The construction of all ordinances of this city OATH. An affirmation in all cases in shall be by the following rules, unless the construction which, by law, an affirmation may be substituted for is plainly repugnant to the intent of the legislative an oath, and in such cases the words SWEAR and body or of the context of the same ordinance. SWORN shall be equivalent to the words AFFIRM and AFFIRMED. (A) AND or OR. Either conjunction shall include the other as if written "and/or", if the sense OFFICER, OFFICE, EMPLOYEE, requires it. COMMISSION or DEPARTMENT. An officer, office, employee, commission or department of this (B) Acts by assistants. When a statute or city unless the context clearly requires otherwise. ordinance requires an act to be done which, by law, an agent or deputy as well may do as the principal, the PERSON. Extends to and includes person, requisition shall be satisfied by the performance of the persons, firm, corporation, copartnership, trustee, act by an authorized agent or deputy. lessee or receiver. Whenever used in any clause prescribing and imposing a penalty, the terms (C) Gender; singular and plural; tenses. Words PERSON or WHOEVER as applied to any denoting the masculine gender shall be deemed to unincorporated entity shall mean the partners or include the feminine and neuter genders; words in the members thereof, and as applied to corporations, the singular shall include the plural, and words in the officers or agents thereof. plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable. PRECEDING or FOLLOWING. Next before or next after, respectively. (D) General term. A general term following specific enumeration of terms is not to be limited to SHALL. The act referred to is mandatory. the class enumerated unless expressly so limited. General Code Construction; General Penalty 5

§ 10 .07 SEVERABILITY. § 10.11 OFFICIAL TIME.

If any provision of this code as now or later The official time, as established by applicable amended or its application to any person or state/federal laws, shall be the official time within this circumstance is held invalid, the invalidity does not city for the transaction of all city business. affect other provisions that can be given effect without the invalid provision or application. § 10.12 REASONABLE TIME.

§ 10.08 REFERENCE TO OTHER (A) In all cases where an ordinance requires an SECTIONS. act to be done in a reasonable time or requires reasonable notice to be given, REASONABLE TIME Whenever in one section reference is made to OR NOTICE shall be deemed to mean the time which another section hereof, the reference shall extend and is necessary for a prompt performance of the act or apply to the section referred to as subsequently the giving of the notice. amended, revised, recodified or renumbered unless the subject matter is changed or materially altered by (B) The time within which an act is to be done, the amendment or revision. as herein provided, shall be computed by excluding the first day and including the last. If the last day be Sunday, it shall be excluded. § 10.09 REFERENCE TO OFFICES.

Reference to a public office or officer shall be § 10.13 ORDINANCES REPEALED. deemed to apply to any office, officer or employee of this city exercising the powers, duties or functions (A) This code, from and after its effective date, contemplated in the provision, irrespective of any shall contain all of the provisions of a general nature transfer of functions or change in the official title of pertaining to the subjects herein enumerated and the functionary. embraced.

(B) All prior ordinances pertaining to the § 10.10 ERRORS AND OMISSIONS. subjects treated by this code shall be deemed repealed from and after the effective date of this code. (A) If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of § 10.14 ORDINANCES UNAFFECTED. the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a All ordinances of a temporary or special nature word or words when another word or words was and all other ordinances pertaining to subjects not clearly intended to express such intent, the spelling embraced in this code shall remain in full force and shall be corrected and such word or words supplied, effect unless herein repealed expressly or by necessary omitted or substituted as will conform with the implication. manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. § 10.15 EFFECTIVE DATE OF ORDINANCES. (B) No alteration shall be made or permitted if any question exists regarding the nature or extent of (A) All ordinances passed by the legislative body such error. shall take effect as provided in the City Charter. 6 Lakeside - General Provisions

(B) If there is no city charter, all ordinances addition to such indication thereof as may appear in passed by the legislative body shall take effect as the text of the proposed ordinance, a caption or title provided by the legislative body or applicable state shall be shown in concise form above the ordinance. law.

§ 10.18 SECTION IDSTORIES; § 10.16 REPEAL OR MODIFICATION OF STATUTORY REFERENCES. ORDINANCE. (A) As histories for the code sections, the (A) Whenever any ordinance or part of an specific number and passage date of the original ordinance shall be repealed or modified by a ordinance and any amending ordinances are listed subsequent ordinance, the ordinance or part of an following the text of the code section. ordinance thus repealed or modified shall continue in Example: (Ord. 161, passed 5-13-1960; Ord. 170, force until the due publication of the ordinance passed 1-1-1970; Ord. 180, passed 1-1-1980; Ord. repealing or modifying it when publication is required 185, passed 1-1-1985) to give effect thereto, unless otherwise expressly provided. (B) (1) If a statutory cite is included in the history, this indicates that the text of the section reads (B) No suit, proceedings, right, fine, forfeiture substantially the same as the statute. or penalty instituted, created, given, secured or Example: (O.R.S. 192.410) accrued under any ordinance previous to its repeal shall in any way be affected, released or discharged, (2) If a statutory cite is set forth as a but may be prosecuted, enjoined and recovered as "statutory reference" following the text of the section, fully as if the ordinance had continued in force unless this indicates that the reader should refer to that statute it is otherwise expressly provided. for further information. Example: (C) When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, § 39.01 PUBLIC RECORDS AVAILABLE. the repeal shall not be construed to revive the former This city shall make available to any person for ordinance, clause or provision, unless it is expressly inspection or copying all public records, unless provided. otherwise exempted by state law. Statuto,y reference: Inspection ofpublic records, see O.R.S. 192.420 § 10.17 ORDINANCES WIDCH AMEND OR SUPPLEMENT CODE.

(A) If the legislative body shall desire to amend § 10.99 GENERAL PENALTY. any existing chapter or section of this code, the chapter or section shall be specifically repealed and a (A) Any person violating any provision of this new chapter or section, containing the desired code for which no other specific penalty is provided amendment, substituted in its place. shall, upon conviction, be punished by a fine not to exceed $500, subject to division (B) of this section. (B) Any ordinance which is proposed to add to the existing code a new chapter or section shall (B) Any person violating any provision of this indicate, with reference to the arrangement of this code which is identical to a state statute containing a code, the proper number of such chapter or section. In penalty shall, upon conviction, be punished by the penalty prescribed by state statute. General Code Construction; General Penalty 7

(C) Each calendar date on which a violation occurs constitutes a separate violation. 8 Lakeside - General Provisions TITLE III: ADMINISTRATION

Chapter

30. CITY ORGANIZATIONS

31. ELECTIONS

32. POLICIES AND PROCEDURES

33. TAX AND FINANCE

1 2 Lakeside - Administration CHAPTER 30: CITY ORGANIZATIONS

Section

30.01 Reserved 30.02 Library Board 30.03 Planning Commission

30. 99 Penalty

§ 30.01 RESERVED.

§ 30.02 LIBRARY BOARD.

(A) Lakeside public librmy established.

(1) A public library is hereby established for the city under the provisions of 0.R.S. 357.400 to 357.621.

(2) The public library shall be financed through the use of General Fund monies, revenue obtained from the operation of the library, grants, gifts, donations and bequest received and designated to be used for library purposes, and any tax levies that may be authorized by the electors.

(3) The city public library shall be the public agency responsible for providing and making freely accessible to all residents in the city library and information services suitable to persons of all ages.

[Text continues on page 4.]

3 2016 S-1 4 Lakeside - Administration

(B) Libra,y Board, (D) Libra,y Board; general powers.

(1) The Lakeside Public Library Board is (1) The Library Board shall be a governing hereby created. The Board shall consist of seven board, but this section shall not be construed as members, to be nominated by the Mayor and depriving elected or appointed officials of the city of appointed and confirmed by the City Council. any power they may have under the laws of the state or the Charter of the city. (2) The term of office of the Board members shall be four years and their terms shall (2) The Board shall have powers and duties commence on July 1 in the year of their appointment. as follows. The terms of office shall be staggered so that the terms of not more than two Board members will (a) The Library Board shall assist in expire in the same year. Of the first three Board the interview process of selecting and appointing a members appointed, one member shall initially hold Library Director. The City Recorder/Manager, as the office for two years, one for three years and one for fiscal and internal administrative agent for the library, four years. At the expiration of the term of any shall have primary responsibility for library personnel, members of such Board, the City Council shall including recruitment, selection, classification and appoint a new member or may reappoint a member for pay, and supervision. a term of four years. If a vacancy occurs during a term of office, the governing body shall appoint a new (b) The Library Board shall keep the member for the unexpired term. No person shall hold City Council informed about rules and policies for the appointment as a member for more than two full efficient and effective operation of the library, its consecutive terms, but any person may be appointed services and programs. again to the Board after an interval of one year. (c) The Library Board shall assist the (3) Members of the Board shall receive no Library Director in preparation of the annual budget compensation for their services, but may be request to be submitted by the Library Director to the . reimbursed for expenses incurred in the performance City Recorder/Manager. of their duties. (d) The Library Board shall make (C) Board organization. recommendations for the acceptance, use or expenditure of any real or personal property or funds (1) The Library Board shall elect a donated to the library under division (E) below, or Chairperson from its members. make recommendations for the purchase, control or disposal of real and personal property necessary for (2) The Library Director shall serve as the purposes of the library. Secretary. to the Board and keep the record of its actions. (e) The Library Board shall make recommendations for the selection of sites for public (3) The Board may establish and amend library buildings or for location of library facilities, rules and regulations for its government and procedure consistent with the laws of the state and with the (t) The Library Board shall review charter, ordinances, resolutions and regulations of the and recommend to the City Council terms for city. contracts and working relationships with private and public agencies regarding library services. (4) The Board shall meet at least ten times each year and at such other times as it may provide by its rules. City Organizations 5

(g) The Library Board shall approve (2) The notice shall bear upon its face a an annual report to the state library and to the City copy ofO.R.S. 357.975 and 357.990. Council submitted in a timely manner on a form (Ord. 120, passed 3-19-1987; Ord. 127, passed supplied by the state library. 6-18-1987; Ord. 129, passed 2-19-1988) Penalty, see § 30.99 (h) The Library Board shall develop and recommend to the City Council long-range plans for library service, consistent with city priorities and § 30.03 PLANNING COMMISSION. with state, regional and national goals for libraries. (A) Continuation of the Planning Commission. (E) Acceptance of gifts for libra,y purposes. There is continued a City Planning Commission, Gifts of any real or personal property or funds referred to in this section as "Commission", for the donated to the library and accepted by the governing city. body shall be administered in accordance with each gift's terms, and all property or funds shall be held in (B) Powers and duties of Commission. Except as the name of the city. otherwise provided by the City Council, the Commission may: (F) Internal administrative policies and procedures. The City Recorder/Manager shall be the (1) Recommend and make suggestions to fiscal and internal administrative agent for the public the Council and other public authorities concerning the library and the library shall operate in conformance laying out, widening, extending, parking and locating with city administrative procedures includin.g those of public thoroughfares; parking of vehicles; relief of pertaining to the following: traffic congestion; betterment of housing and sanitation conditions; and establishment of districts for (1) Personnel, including recruitment, limiting the use, height, area, bulk and other selection, classification and pay for library personnel; characteristics of buildings and structures related to land development; (2) Receipt, disbursement and accounting for monies; (2) Recommend to the Council and other public authorities plans for regulating future of (3) Maintenance of general books, cost growth, development and beautification of the city in accounting records and other financial documents; respect to its public and private buildings and works, streets, parks, grounds and vacant lots, and plans (4) Budget administration; and consistent with future growth and development of the city, in order to secure to the city and its inhabitants (5) Operation and maintenance of sanitation, proper service of all public utilities and equipment and buildings. transportation facilities;

(G) Prohibited actions and penalties. (3) Recommend to the Council and other public authorities plans for promotion, development ( 1) It shall be unlawful for any person to and regulation of industrial and economic needs of the willfully or maliciously detain any library materials community in respect to private and public enterprises belonging to the city public library for 30 days after engaged in industrial pursuits; notice in writing from the Library Director that the library material is past due. (4) Make an economic survey of present and potential possibilities of the city with a view to ascertaining its industrial needs; 6 Lakeside - Administration

(5) Study needs of existing local industries (C) Membership, appointment, termandremoval with a view to strengthening and developing local of members. industries and stabilizing employment conditions; (1) The Commission consists of five voting (6) Perform all other acts and duties members, each of whom shall be a resident of the city necessary or proper to carry out the provisions of this and appointed by the Council. Positions are numbered section; one through five for record-keeping purposes only. Such numbers are not to be used in any posting or (7) Study and propose in general measures advertisement. The Council may set length of terms that may be advisable for promotion of public interest, for the interim period to afford an orderly and proper health, safety, comfort, convenience and welfare of staggering of terms. the city and the area six miles adjacent; (2) The Council may designate advisory, (8) Make recorrimendations to the Council non-voting members to provide technical advice to the for the amendment of the Comprehensive Plan for the voting members. city; (3) The term of office on the Commission (9) Recommend to the Council ordinances shall be four years and no member shall serve for intended to carry out the purposes, principles and more than two consecutive full terms. The term of proposals expressed in the Comprehensive Plan; office shall commence on January 1, and expire on December 31. (10) Advise and cooperate with other planning agencies within the state and upon request, (4) A member may be removed by the or on its own initiative, furnish advice or reports to Council during the member's term for misconduct or any city, county, officer or department on any nonperformance of duty ( defined as missing three problem comprehended in city planning; consecutive meetings without justifiable cause) after a public hearing before the Council. (11) Promote public interest in and understanding of the comprehensive plan and of (5) Vacancies (due to resignation or planning and zoning in general; removal of a Commissioner) shall be filled by Council appointment for the remainder of the unexpired term (12) Make recommendations and an annual of the predecessor. The opening is to be posted report each year to the Council concerning the immediately for a period of two weeks. Applications operation of the Commission and of the status of shall be submitted to City Hall and forwarded to all planning and zoning within its jurisdiction; Planning Commissioners and City Councilors. The Planning Commission evaluates the candidates and (13) Make recommendations to the Council makes its recommendation and/or nomination to the with regards to orderly development of territory City Council. The City Council shall consider within the city; and applicants and the recommendations of the Planning Commission, and make appointments. (14) Perform all other acts and duties necessary to carry out the provisions of O.R.S. ( a) If the remainder of the term of the 227.010 through 227 .180, and other duties as vacated position is more than one-half of the term, the prescribed by ordinance. appointment shall be considered as the first full term. City Organizations 7

(b) If the remainder of the vacated (a) To be eligible for either of these position is less than one-half of the term, the appointee offices, a Commissioner must have served a minimum may serve an additional two full terms. of one year on the Planning Commission.

(6) By the second week of October, prior (b) Any person appointed to a to the expiration of any Commissioner's term of subsequent term on the Planning Commission shall be office, the City Recorder/Manager shall cause to have eligible to be elected as Chairperson or Vice the opening for a Commissioner posted for two Chairperson. weeks. Commissioners who have served their first term are eligible for a second term, and must (4) A member of the Commission shall not re-apply. Applications shall be submitted to City Hall participate in any Commission proceeding or action in and forwarded to all Planning Commissioners and to which any of the following has a direct or substantial City Councilors. The Planning Commission evaluates financial interest: the member or the spouse, brother, the candidates and makes its recommendation and/ or sister, parent, father-in-law, mother-in-law of the nomination to the City Council. The City Council member, any business in which the member is then shall consider all applicants and make appointments at serving or has served within the previous two years, the December meeting. or any business with which the member is negotiating for or has an arrangement or understanding (7) Members shall serve without concerning prospective partnership or employment. compensation other than reimbursement for duly Any actual or potential interest shall be disclosed at authorized expenses. the meeting of the Commission where the action is being taken. (8) No two or more voting members of the (Ord. 13-275, passed 1-9-2014) Commission shall have the same business, trade, profession or occupation: however, business persons engaged in different kinds of business shall not be prevented by this division (C)(8) from serving. Being § 30.99 PENALTY. retired shall not be considered an occupation within the meaning of this division (C). (A) Any person violating any provision of this chapter for which no specific penalty is prescribed (D) General procedures. shall be subject to § 10.99.

(1) The Commission shall adopt rules and (B) Violation for willful detention of library procedures for the transaction of business and shall materials is punishable upon conviction by a fine of keep a record of its resolutions, transactions, findings, not less than $25 nor more than $250. Such conviction recommendations and determinations, which record and payment of the fine shall not be construed to shall be a public record. constitute payment for library material, nor shall a person convicted under this section be thereby (2) The Planning Director shall be the relieved of any obligation to return such material to Secretary of the Commission and shall provide staff the library. services and recommendations and determinations. (Ord. 120, passed 3-19-1987)

(3) The Commission shall elect from its voting membership a Chairperson and Vice Chairperson to serve for the remainder of their full term, subject to annual ratification of the Commission. 8 Lakeside - Administration CHAPTER 31: ELECTIONS

Section

31.01 State law applies MEASURE. City legislation, or a proposition or 31.02 Definitions question for city electors. 31.03 Candidates 31.04 Vacancies in office PROSPECTIVE PETITION. Information 31.05 Initiative and referendum required for a completed petition, except for signatures and other identification of petition signers.

§ 31.01 STATE LAW APPLIES. QUALIFIED ELECTOR. An individual qualified to vote under Oregon Constitution, Article As provided by City Charter, § 26, state elections II, § 2. laws apply to matters not regulated by this subchapter. The City Charter and this subchapter prevail over any RECORDER/MANAGER. The City conflicting state laws. Recorder/Manager or authorized representative. (Ord. 06-253, passed 5-11-2006) REFERENDUM. City legislation submitted to electors by the Council or by a petition of qualified § 31.02 DEFINITIONS. electors, or a proposition or question submitted to city electors by the Council. For the purpose of this chapter, the following definitions shall apply unless the context clearly REGULAR ELECTION. A city election held at indicates or requires a different meaning. the same time as a primary or general biennial election for electing federal, state or county officers. CANDIDATE. An individual whose name appears or is expected to appear on an official ballot. SPECIAL ELECTION. A city election not held on the date of a regular election. CITY LEGISLATION. An ordinance or proposed ordinance, or a proposed amendment, TERM OF OFFICE. The term of office of the revision or repeal of the City Charter. last person elected to the office. (Ord. 06-253, passed 5-11-2006) ELECTIVE CITY POSITION. The office of Mayor or Councilor. § 31.03 CANDIDATES. ELECTOR. An individual eligible under state and city law to vote in city election. (A) Eligibility. A qualified elector who has resided in the city during the past 30 days immediately INITIATIVE. Proposed city legislation preceding the election may be a candidate for an submitted to electors by a petition of qualified elective city position. electors.

9 10 Lakeside - Administration

(B) Nomination petition or declaration of (C) Petition or declaration contents. candidacy. (1) A nomination petition or declaration of (1) An eligible elector may become a candidacy must contain: candidate for an elective city position by filing a nomination petition or a declaration of candidacy in a (a) The name by which the candidate form prescribed by the Secretary of State and is commonly known. A candidate may use a nickname available from the City Recorder/Manager. in parentheses in addition to the candidate's full name;

(2) A declaration of candidacy must be (b) The residence address of the accompanied by any filing fee established by Council candidate; resolution. ( c) The office or position number for (3) A nomination petition must contain which the candidate seeks nomination; signatures of not fewer than 25 city-qualified electors as follows. ( d) A statement that the candidate is willing to accept the office if elected; (a) No elector may sign more than three petitions. If more than three are signed, the ( e) A statement that the candidate will signature is valid only on the first three valid petitions qualify if elected; filed. (f) A statement of the candidate's (b) The signatures need not all be occupation, educational and occupational background, attached to one paper, but each separate paper of the and prior governmental experience; and petition must be attached to an affidavit of the circulator showing the number of signers and stating (g) The signature of the candidate. that each signature is the genuine signature of the person. (2) A declaration of candidacy must include a statement that any required fee is included with the (c) Each signature must have next to declaration. it the signer's residence, by its street and number or other description, and the printed name of the signor. (D) Filing.

( d) The City Recorder/Manager must (1) A nomination petition or declaration of certify the signatures in the nomination petition for candidacy must be filed with the City genuineness by comparing them and the other required Recorder /Manager. information with the elector registration cards on file with the County Clerk. (2) The City Recorder/Manager will date and time stamp immediately upon filing a nominating ( e) After the petition is filed with the petition, declaration of candidacy, withdrawal or other City Recorder/Manager, the City Recorder/Manager document required to be filed. has ten days to verify the signatures, and attach to the petition a certificate stating the number of signatures (3) A nomination petition or declaration of believed genuine. candidacy will be filed not sooner than June 1 of the election year and not later than 65 days before the election date. Elections 11

(E) Deficient petitions. If a nomination petition (2) A vacancy in an elective office must be is not signed by the required number of qualified filled as provided by City Charter, § 32. electors or the declaration of candidacy is not complete, the City Recorder/Manager will notify the (C) Appointment by Council. candidate within five days after the filing. The City Recorder/Manager will return it immediately to the ( 1) In filling a vacancy, the Council may candidate, and state in writing how the petition is make inquiries and hold interviews as it considers deficient. The deficient petition may be amended and necessary for the appointment. The appointment may filed again as a new petition, or a substitute petition be made at a regular or special .Council meeting. for the same candidate may be filed within the time requirements for filing petitions. (2) The Council will use the following procedures in the appointment process. (F) Withdrawal of candidacy; refund of filing fee. (a) Public notice to appropriate neighborhood organizations, civic groups, a (1) A candidate who has filed a nomination newspaper of general circulation and other recognized petition or declaration of candidacy may withdraw not groups. later than the sixty-seventh day before the election date by filing a statement of withdrawal with the City (b) Deadline for submitting Recorder/Manager. The withdrawal must be made applications at least two weeks after the notice. under oath and state the reasons for the withdrawal. (c) Appointment from those applicants (2) If requested not later than 67 days nominated and seconded for consideration by before election date, the City Recorder/Manager will members of the Council. The City Recorder/Manager refund the filing fee, if any so paid, of a candidate will announce the results of each ballot and will record who dies, withdraws or becomes ineligible for the each Councilor's ballot. An applicant who receives a nomination. majority of the votes by the current Council members will be appointed to the vacant position. If no (G) Certificate of nomination. The City applicant receives a majority vote on the first ballot, Recorder/Manager will certify the nominations to the the Council will continue to vote on the two applicants County Clerk in accordance with the time who receive the most votes until an applicant receives requirements of state law stating the offices and the a majority of the Councilors voting. terms of office for which the candidates are (Ord. 06-253, passed 5-11-2006; Ord. 11-272, passed nominated. 7-23-2012) (Ord. 06-253, passed5-11-2006; Ord. 11-272, passed 7-23-2012) § 31.05 INITIATIVE AND REFERENDUM.

§ 31.04 VACANCIES IN OFFICE. (A) Prospective petition.

(A) Vacancy in office. A city elective office (1) Before circulating a petition proposing becomes vacant as provided by the City Charter, § 31. an initiative or referendum for city legislation, the chief petitioners must file a prospective petition with (B) Filling of vacancy. the City Recorder/Manager. The Recorder will provide the form showing: (1) Upon becoming aware of a vacancy in an elective office, the Council must promptly determine and declare the date of vacancy. 12 Lakeside - Administration

\ (a) The signatures, printed names and review must be filed not later than the seventh mailing addresses of at least two and not more than business day after the written determination by the three chief petitioners, all of whom must be city City Recorder/Manager. electors; (4) If the proposed initiative meets the (b) For initiative petitions, the text of requirements of division (B)(l) or a referendum the city legislation proposed for adoption, and, where petition is certified for circulation, the City applicable, the title, ordinance number and Charter or Recorder/Manager will send two copies of the code section numbers proposed for amendment, prospective petition to the City Attorney. The City revision or repeal; Attorney has five business days after receipt to prepare a ballot title for the proposed measure and an (c) For referendum petitions, the text explanatory statement for the voter's pamphlet. The of the city legislation proposed for referral, and where ballot title must conform to the requirements of state applicable, the title, ordinance number or code section law. numbers of the city legislation proposed for referral; and (a) The explanatory statement must consist of an impartial, simple and understandable ( d) Whether one or more persons will statement of not more than 500 words explaining the be paid for obtaining signatures on the petition. measure and its effect.

(2) The City Recorder/Manager must date (b) After preparing the ballot title and and time stamp any prospective petition filed. explanatory statement, the City Attorney will return one copy of the prospective petition, ballot title and (3) After the City Recorder/Manager explanatory statement to the City Recorder/Manager determines that the prospective petition complies with and one copy to one of the chief petitioners. this subchapter and state law, the City Recorder/Manager will certify to one of the chief (5) After receiving a ballot title from the petitioners that petitions may be circulated among city City Attorney, the City Recorder/Manager must electors in accordance with division (C) below. publish in a newspaper of general circulation in the city a notice of receipt of the ballot title. The notice (B) Ballot title; appeal. must state that a city elector may file a petition for review of the ballot title not later than the date (1) Prior to the end of the fifth business day referred to in division (B)(6) below. after a prospective initiative petition is filed and meets all legal requirements, the City Recorder/Manager ( 6) After receiving the prospective petition, will review the text of the proposed initiative to ballot title from the City Attorney, the City determine if it complies with the single subject Recorder /Manager must write the date of receipt on it. requirement and if it proposes city legislation. Within seven business days after that date, any city elector may petition in circuit court to challenge the (2) If the proposed text does not meet the ballot title prepared by the City Attorney. After the requirements of division (B)(l) above, the City seven-day period, or following the final adjudication Recorder/Manager will notify a chief petitioner by of any legal review, the City Recorder/Manager must certified mail, return receipt requested, that the certify the ballot title as prepared by the City Attorney prospective petition does not meet the single subject or or as prescribed by the court to a chief petitioner. city legislation requirement. (7) Any city elector filing a petition of (3) Any city elector dissatisfied with the review with the circuit court must file a copy of the City Recorder/Manager's determination may file a challenge with the City Recorder/Manager not later petition for review in circuit court. The petition for than the end of the business day next following the Elections 13

date the petition is filed with the circuit court. This verified signatures to submit the measure to the requirement does not invalidate a petition that is electors, as prescribed by divisions (D)(7), (D)(8) or timely filed with the circuit court. (D)(9) below.

(8) The procedures in divisions (B)(l) (3) No initiative petition may be accepted through (B)(7) above also apply to referendum for signature verification more than six months after measures; however, the completion of these the date of the City Recorder/Manager's certification procedures is not a prerequisite to the circulation of under division (B)(6) above. petitions for referendum measures under division (C) below. Ballot titles need not be stated on petitions (4) Any petition to refer legislation adopted circulated to propose referendum measures. by the Council must be submitted for signature verification not more than 30 days after the Council's (C) Petition and circulation requirements. adoption of the legislation.

(1) After the requirements of division (5) An initiative or referendum petition may (A)(3) above are met for referendum petitions and not be accepted for signature verification if it contains after the requirements of division (B)( 6) above are met less than 100% of the required number of signatures. for initiative petitions, the chief petitioners may circulate a petition for the measure among city (6) Upon the acceptance of a petition, the electors. The petition (cover sheet and signature sheet) City Recorder/Manager must verify the signatures. must conform to the requirements of state law. The verification pay be performed by random sampling in a manner approved by the Secretary of (2) The petition identification number will State. Within 30 days after the City be assigned by the City Recorder/Manager. Recorder/Manager's acceptance of a petition, the City Recorder/Manager must certify to the Council (3) Each signature sheet of a referendum whether the petition contains a sufficient number of petition must contain the title, ordinance number or qualified signatures to require the submission of the code section numbers of the city legislation proposed proposed measure to city electors. The City by referral and the date it was adopted by the Council. Recorder/Manager must state in the certificate the number of qualified signatures prescribed by divisions (4) No signature sheet may be circulated by (D)(7), (D)(8) or (D)(9) below to require the proposed more than one person. Each signature sheet must city legislation to be submitted to city electors. The contain a statement signed by the circulator that each petition is considered filed as of the date of the City elector who signed the sheet did so in the circulator's Recorder/Manager's certification. presence, and, to the best of the circulator's knowledge, each such elector is a legal elector of the (7) An initiative measure proposing the city and that the information placed on the sheet by amendment, revision or repeal of the City Charter will each elector is correct. be submitted to the electors if the number of qualified signatures on the petition equals or exceeds 15 % of (D) Filing and percentage requirements; the total number of registered voters in the city on verification. January 1 of the calendar year the petition is filed.

( 1) The City Recorder/Manager will accept (8) An initiative measure proposing the for signature verification only petitions that comply adoption, amendment or repeal of any other city with the requirements of this subchapter and other legislation will be submitted to the electors if the applicable law. number of qualified signatures on the petition equals or exceeds 15 % of the total number of registered (2) No petition may be accepted for filing voters in the city on January 1 of the calendar year the unless it contains at least the required number of petition is filed. 14 Lakeside - Administration

(9) A referendum measure will be oral declaration made at a Council meeting and submitted to the electors if the number of qualified entered in the minutes of that meeting. signatures on the petition equals or exceeds 10 % of the total number of registered voters in the city on (2) Unless a petition is withdrawn, after January 1 of the calendar year the petition is filed. rece1vmg a certification from the City Recorder/Manager that a petition has sufficient (E) Measure referred by Council. signatures to require the proposed city legislation to be submitted to the electors under division (D)(6) above, (1) The Council may directly refer to the the Council may either adopt the proposed legislation electors any ordinance or any proposed ordinance, by ordinance, or call an election to submit the property tax, bond or other proposition or question. It legislation to the electors. The Council may also call may also directly refer to the electors any proposed an election to submit matters to the electors upon amendment, revision or the repeal of the City Charter. referral under division (E) above.

(2) The City Attorney will prepare a ballot (3) The Council must call the election on title and explanatory statement that conforms to the the next election date available under state law that is requirements of state law. The Council will certify not sooner than the ninetieth day after the date of the and file the ballot title and explanatory statement with City Recorder/Manager's certificate of sufficient the City Recorder/Manager. signatures. For a Council referral, the election on the referendum of city legislation may be held on the next (3) The City Recorder/Manager will election date available under state law. publish in a newspaper of general circulation in the city a notice of receipt of the ballot title including (G) Election notice and results. notice that an elector may file a petition for review of the ballot title not later than the date set in division (1) Notice of elections on measures (E)(4) below. submitted to city electors on regular or special election dates must be given in accordance with state law. (4) Any city elector may petition the circuit court to challenge the ballot title certified by the (2) Measures referred by the Council will Council. Such petition must be filed with the circuit be designated on the ballot: "Referred to the Voters court within seven business days of Council filing of by the City Council". the ballot title. Any person filing a petition of review with the circuit court must file a copy of the challenge (3) Measures proposed by referendum with the City Recorder/Manager not later than the end petition will be designated on the ballot: "Referred by of the business day next following the date the petition Petition". is filed with the circuit court. This requirement does not invalidate a petition that is timely filed with the (4) Measures proposed by initiative petition circuit court. will be designated on the ballot: "Proposed by Initiative Petition". (5) A measure will be considered filed under this section as of the date the Council delivers (5) The City Recorder/Manager must its certified ballot title to the City Recorder/Manager. certify the election results to the Council at the first Council meeting after the results are certified by the (F) Withdrawal, adoption or election. County Clerk.

(1) The chief petitioners may withdraw a verified petition at any time before Council action to adopt the proposed legislation or submit it to the electors. Any withdrawal must be either by written or Elections 15

(6) A measure adopted by the electors takes effect 30 days after the election, unless the measure expressly provides a different effective date. (Ord. 06-253, passed 5-11-2006; Ord. 11-272, passed 7-23-2012) 16 Lakeside - Administration CHAPTER 32: POLICIES AND PROCEDURES

Section

General Provisions GENERAL PROVISIONS

32.01 Street assessment; enforcement 32.02 Public contracting; Contract Review § 32.01 STREET ASSESSMENT; Board ENFORCEMENT.

Public Improvements; Special Assessments (A) Street assessments duly levied against properties and property owners in the city must be 32.15 Definitions paid by the assessed property owners as prescribed by 32.16 Initiation of proceedings and report the respective assessment ordinance. from the City Engineer 32.17 Council's action on the City (B) Where the respective assessment ordinance Engineer's report provides for a payment option by the assessed 32.18 Resolution and notice of hearing property owners, and the owner fails to choose one of 32.19 Manner of doing work the options within the time frame of the respective 32.20 Hearing assessment ordinance, then the entire assessment shall 32.21 Call for bids be immediately due. 32.22 Method of assessment and alternative methods of financing (C) In the event that an assessed property owner 32.23 Assessments prior to construction does not pay the assessment by one of the payment 32.24 Notice and levy of assessments options, as prescribed by the respective assessment 32.25 Errors in assessment calculations ordinance, the city may use all available legal 32.26 Deficit assessment remedies to recover the unpaid assessment as a lump 32.27 Rebates sum, including seeking a judgment against the 32.28 Lien records and foreclosure nonpaying property owner for the full assessment plus proceedings the city's attorney fees, as well as all costs reasonably 32.29 Abandonment of proceedings incurred by the city in the prosecution of the action. 32.30 Curative provisions (Ord. 167, passed 4-14-1994) 32.31 Remedies 32.32 Reassessment 32.33 Reapportionment of assessments § 32.02 PUBLIC CONTRACTING; CONTRACT REVIEW BOARD. Disposition of Found and Unclaimed Property (A) The City Council is designated as the local 32.45 Definitions Contract Review Board under the State of Oregon 32.46 Records and reports Public Contracting Code, O.R.S. Chapter 279A, 279B 32.47 Treatment of surplus property and 279C. The Contract Review Board may, from 32.48 Property to be held at expense of owner time to time, delegate its powers and responsibilities

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consistent with the State Public Contracting Code, the (a) The original contract met due Model Rules or the city ordinances. The City requirements of this chapter; Recorder/Manager, or his or her designated purchasing agent, and the City Public Works (b) The contract allows other public Department are designated as the city's "contracting agency usage of this contract; and agency" for purposes of contracting powers and duties assigned to the city as a "contracting agency" under (c) The original contracting public the State Public Contracting Code or the Model Rules. agency concurs.

(B) Except as specifically provided herein, public (7) An emergency contract, provided that contracts shall be let by the city according to the State the contracting agency adheres to the requirements of Public Contracting Code, including the Model Rules O.R.S. 279B.080 or 279C.335(5) and the Model adopted by the State Attorney General as they now Rules; exist and as they may be amended in the future, and the city ordinances. Definitions provided by the State (8) A public facility improvement Public Contracting Code or the Model Rules shall agreement entered into between the city and a person apply to city procurement, except as may be responsible for carrying out conditions of approval of specifically provided herein. a land use decision of the city. The term LAND USE DECISION has the meaning provided by O.R.S. (C) The following classes of public contracts are 197.015; and hereby exempted from competitive procurement: (9) Any other contract (including sole (1) Any contract exempted by the State source and brand name specification contracts) where Public Contracting Code or Model Rules; the public interest would be promoted by exempting the contract from the competitive bidding process, (2) Change orders or contract amendments provided that the Contract Review Board adheres to are reasonably related to the scope of work under the the Public Contracting Code and the Model Rules in original contract, up to $50,000. Change orders or making the exemption. other amendments that increase the initial price of the contract by more than $50,000 must be separately (D) Administrative staff and departments have approved by the Contract Review Board; contracting authority and responsibilities as follows.

(3) Contracts for the purchase of computer (1) The City Recorder/Manager (or equipment and software, which may be by requests for designee) is authorized to: quotations, under the procedures in divisions (F)(l) and (F)(2) below; (a) Enter into city contracts not to exceed $50,000 without additional authorization of the (4) Purchases through federal programs, Contract Review Board; pursuant to O.R.S. 279A.180; (b) Recommend that the Contract (5) Contracts made with or the cost of Review Board approve or disapprove contract awards which is provided by other public agencies or the in excess of $50,000, or change orders or federal government; amendments to contracts of more than $50,000;

(6) Contracts between public agencies (c) Consistent with the city ordinances, utilizing an existing solicitation or current requirement adopt forms, computer software, procedures and contract of one of the public agencies that is party to administrative policies for all city purchases; and the contract for which: (d) Enter into contracts or permits for Policies and Procedures 19

local concessions and street vendors (pursuant to solicit at least three price quotes from prospective applicable city policy) where the annual amount to be contractors. If three prospective contractors are not paid to or by the city is not expected to exceed available, then fewer quotes may be solicited, and the $50,000 per year. contracting agency shall maintain records of the attempts to obtain quotes. (2) The City Department of Public Works, shall have the authority to enter into city contracts not (2) The contracting agency shall award the to exceed $10,000 without additional authorization of contract to the prospective contractor whose quote will the City Recorder/Manager. best serve the interests of the city, taking into account price and other applicable factors, such as experience, (3) Purchases of goods from city employees specific expertise, availability, project understanding, shall require authorization of the City contractor capacity and contractor responsibility. If Recorder/Manager or designee. Provision of services the contract is not awarded on the basis of the lowest by city personnel shall be in accordance with the city price, the contracting agency shall make a written personnel policies and other applicable law. record of the basis for the award.

(4) Departments ( other than the Public (3) A procurement may not be artificially Works Department), shall not contract for amounts divided or fragmented to qualify for the informal above $5,000. Solicitations and contracts above $5,000 contract award procedures provided by this section. may be made upon approval of the contracting agency. All contracting by departments shall be according to (4) A public improvement contract let approved city purchasing procedures adopted by the under this section may be amended by change order as contracting agency or the Contract Review Board. provided in division (C) above.

(5) Each department shall operate within its (5) Public improvement contracts in excess budget, or seek supplemental budgetary authority from of $50,000 shall be let in accordance with the City Council with respect to the contract. provisions of O.R.S. 279C.

(6) Each Department shall plan purchase (G) Personal services contracts (other than requirements sufficiently in advance so that orders can personal services contracts for architectural or be placed in economical quantities. engineering services), are subject to the rules established by this section. (7) The Public Works Department or designee shall process requisition forms and negotiate (1) Personal service contracts will be used purchases on the most favorable terms in accordance to retain the services of independent contractors, other with adopted ordinances, state laws, policies and than architects or engineers. Nothing in this section procedures. shall apply to the employment of regular city employees. (E) Notice of public improvement contracts may be published electronically where the contracting (2) Unless otherwise approved by the City agency finds that such publication is likely to be cost Recorder/Manager, all personal service contracts shall effective, as provided in O.R.S. 279C.360. require the contractor to defend, indemnify and hold harmless the city, its officers, agents and employees (F) Public improvement contracts estimated by against and from any and all claims or demands for the contracting agency not to exceed $50,000 may be damages of any kind arising out of or connected in let by competitive quote under the following any way with the contractor's performance thereunder procedures. and shall include a waiver of contractor's right to O.R.S. 30.285 and O.R.S. 30.287 indemnification ( 1) The contracting agency shall informally and defense. 20 Lakeside - Administration

(3) Unless otherwise approved by the City Recorder/Manager or his or her designated officer Recorder/Manager, city personal service contracts shall select the prospective contractor, and shall shall contain a provision requiring the person or entity prepare a personal service contract. providing the service to obtain and maintain liability insurance coverage in at least the amount of the city's (6) The above prov1s10ns regarding tort liability limits, naming the city as an additional selection procedures do not apply to amendments, named insured, during the life of the contract. modifications or supplements to executed personal service contracts. (4) All city personal service contracts shall contain all contract provisions mandated by state law. (7) The following criteria shall be These provisions may be incorporated in the personal considered in the evaluation and selection of a service contract by reference to state law, unless state personal service contractor: law provides otherwise. The City Attorney's office will prepare model contract provisions for use in city (a) Specialized experience in the type personal service contracts. of work to be performed;

(5) The following procedure shall be (b) Capacity and capability to perform observed in the selection of personal service the work, including any specialized services within the contractors. time limitations for the work;

(a) For personal service contracts (c) Educational and professional involving an anticipated fee of $10,000 or less per record, including past record of performance on annum, the City Recorder/Manager or his or her contracts with governmental agencies and private designated officer may negotiate a contract for such parties with respect to cost control, quality of work, services with any qualified contractor of his or her ability to meet schedules and contract administration, selection. where applicable; (d) Availability to perform the (b) For personal service contracts assignment and familiarity with the area in which the involving an anticipated fee of more than $10,000 per specific work is located, including knowledge of annum, the City Recorder/Manager or his or her design or techniques peculiar to it, where applicable; designated officer shall solicit at least three prospective and contractors who shall appear to have at least minimum qualifications for the proposed assignment, notify each (e) Any other factors relevant to the prospective contractor in reasonable detail of the particular contract. proposed assignment, and determine the prospective contractor's interest and ability to perform the (8) The selection procedures described in proposed assignment. this section may be waived by the City Recorder/Manager, at his or her discretion where an (c) The City Recorder/Manager or his emergency exists that could not have been reasonably or her designated officer may arrange for any or all foreseen and requires such prompt execution of a interested prospective contractors to be interviewed for contract to remedy the situation that there is not the assignment by an appropriate city employee or by sufficient time to permit utilization of the selection an interview committee. procedures.

(d) Following a review of the (9) The City Recorder/Manager is qualifications and interview, where conducted, of the delegated the authority to sign all personal service interested prospective contractors, the City contracts.

(10) Nothing contained in this section shall Policies and Procedures 21

preclude the city from complying with provisions of (1) Negotiations will begin with the lowest, federal or state law that require the city to utilize a responsive and responsible bidder. If negotiations are different selection or contracting procedure. not successful, then the contracting agency may begin negotiations with the second lowest responsive, (H) Disposition of surplus personal property may responsible bidder, and so on. be made, at the discretion of the City Recorder/Manager or his or her designee, under (2) Negotiations may include the inclusion provisions of the State Public Contracting Code, or the of value engineering and other options to attempt to Model Rules or under the provisions of this section. bring the project cost within the budgeted amount.

(1) From time to time and after personal (3) A contract may not be awarded under property owned by the city is determined by the City this section if the scope of the project is significantly Recorder/Manager or his or her designee to be surplus changed from the description in the original bid to the needs of the city, the city may sell the property documents. at public auction. The city may utilize a contracting firm, approved by the Contract Review Board, for (4) The contracting agency will adhere to disposition of the property on terms and conditions the provisions of O.R.S. 279C.340 in applying this contained in a contract approved by the Contract section. Review Board. The city shall give notice of the public auction by posting notice of the means by which the (J) The contracting agency shall adopt property will be disposed of on the city Internet appropriate purchasing policies dealing with ethics, website, or by advertisement in a newspaper of general environmental considerations and the like, subject to circulation. review and modification by the Contract Review Board. (2) Auction sales may be conducted entirely on the internet. Sale shall be for cash to the highest (K) In the event of a conflict, between any bidder. All proceeds of the sale shall be paid to the provision of the State Public Contracting Code or the city's General Fund, subject to the terms and Model Rules and the city ordinances, the provisions of conditions of the contract (if any) approved by the the State Contracting Code or the Model Rules shall Contract Review Board between the city and a firm control. selected to conduct the auction. (Ord. 05-251, passed 2-10-2005)

(3) All personal property sold pursuant to this section shall be sold as-is without any warranty, either express or implied, of any kind, including, but PUBLIC IMPROVEMENTS; SPECIAL not limited to, warranties of title or fitness for any ASSESSMENTS purpose. Upon receiving payment for the personal property from the successful bidder, the person or company conducting the auction shall execute an § 32.15 DEFINITIONS. appropriate bill of sale, which shall recite that the sale is without warranty, as provided in this division (H). For the purpose of this subchapter, the following definitions shall apply unless the context clearly (I) If bids are solicited for a public improvement indicates or requires a different meaning. contract, and all bids exceed the budget for the project, the contracting agency may, prior to contract IMPROVEMENT. Includes the definition of award, negotiate for a price within the project budget "local improvement" contained in O.R.S. 223.387, under the following procedures. and it shall also include any work,. construction or demolition designated by ordinance of the city. 22 Lakeside - Administration

OWNER. Has the meaning given such term in (A) Approve the report; City Charter, Chapter IX, § 38. (Ord. 112, passed 10-16-1986) (B) Modify the report and approve it as modified;

§ 32.16 INITIATION OF PROCEEDINGS AND (C) Require the City Engineer to supply REPORT FROM THE CITY ENGINEER. additional or different information for such improvement; or (A) Public improvements may be initiated by motion of the Council which shall direct the City (D) Abandon the improvement. Engineer to make a written report for such project and (Ord. 112, passed 10-16-1986) file the same with the City Recorder/Manager.

(B) Unless the Council shall direct otherwise, § 32.18 RESOLUTION AND NOTICE OF such report shall contain the following items: HEARING.

(1) A map or plat showing the general After the Council shall have approved the City nature, location and extent of the proposed Engineer's report as submitted or modified, the improvement and the land to be assessed for the Council shall, by resolution, declare its intention to payment of any part of the cost thereof; make such improvement, provide the manner and method of carrying out the improvement, and shall (2) An estimate of the probable cost of the direct the City Recorder/Manager to give notice of improvement, including any legal, administrative and such improvement by two publications one week apart engineering costs attributable thereto; in a newspaper of general circulation within the city and by mailing copies of such notice to the owners to (3) An estimate of the unit cost of the be assessed for the costs of such improvement, which improvement to the specially benefitted properties; said notice shall contain the following items:

(4) A recommendation as to the method of (A) A statement that the report of the City assessment to be used to arrive at a fair apportionment Engineer is on file in the office of the City of the whole or any portion of the cost of the Recorder/Manager and is subject to public improvement to the properties specially benefitted; examination and that said report is by reference thereto made a part of the notice; (5) The description and assessed value of each lot, parcel of land, or portion thereof, to be (B) A statement that the Council will hold a specially benefitted by the improvement, with the public hearing on the proposed improvement on a names of the owners thereof; and specified date, which shall not be earlier than ten days following the first publication of notice, at which (6) A statement of outstanding assessments objections and remonstrances to such improvement against property to be assessed. will be heard by the Council; and if prior to 5:00 p.m. (Ord. 112, passed 10-16-1986) on the date of such hearing there shall be presented to the City Recorder/Manager valid written remonstrances by the owners of two-thirds of the area § 32.17 COUNCIL'S ACTION ON THE CITY within the boundaries of the district, then the ENGINEER'S REPORT. improvement will be abandoned for at least six months; After the City Engineer's report shall have been filed with the City Recorder/Manager, the Council (C) A description of the real property to be may thereafter by motion: specially benefitted by the improvement; Policies and Procedures 23

(D) The names of the owners of such property; hearing has been held to hear remonstrances and oral objections to the proposed improvement. In the event (E) The estimate of the unit cost of the that any part of the work of the improvement is to be improvement to the property specially benefitted by a done under contract bids, then the Council shall statement of such cost set opposite the name of the determine the time and matter of advertisement for owner thereof; and bids, and the contracts shall be let to the lowest responsible bidder, provided that the Council shall (F) The total estimated cost of the improvement have the right to reject all bids when they are deemed to be paid by special assessments to benefitted unreasonable or unsatisfactory. The city shall require properties. the bonding of all contractors for the faithful (Ord. 112, passed 10-16-1986) performance of any contract let under its authority, and the provisions thereof in case of default shall be enforced by action in the name of the city. § 32.19 MANNER OF DOING WORK. (B) If the Council finds, upon opening bids for The Council may provide in the improvement the work of such improvement, that the lowest resolution that the construction work may be done in responsible bid is substantially in excess of the City whole, or in part, by a private contractor, by the city, Engineer's estimate, it may, in its discretion, provide by any other governmental agency, or by any for holding a special hearing of objections to the combination thereof. proceeding with the improvement on the basis of such (Ord. 112, passed 10-16-1986) bid, and it may direct the City Recorder/Manager to publish one notice thereof in a newspaper of general circulation in the city. § 32.20 HEARING. (Ord. 112, passed 10-16-1986)

At the time of the public hearing on the proposed improvement, if the written remonstrances shall § 32.22 METHOD OF ASSESSMENT AND represent less than the amount of property required to ALTERNATIVE METHODS OF FINANCING. defeat the proposed improvement, then, on the basis of said hearing or written remonstrances and oral (A) The Council in adopting a method of objections, if any, the Council may, by motion, at the assessment of the costs of the improvement may: time of said hearing or within 60 days thereafter, order said improvement to be carried out in accordance with (1) Use any just and reasonable method of the resolution, or the Council may, on its own motion, determining the extent of any improvement district abandon the improvement. consistent with the benefits derived; (Ord. 112, passed 10-16-1986) (2) Use any method of apportioning the sum to be assessed as is just and reasonable between § 32.21 CALL FOR BIDS. the properties determined to be specially benefitted;

(A) The Council may, in its discretion, direct the (3) Authorize payment by the city of all or City Recorder/Manager to advertise for bids for any part of the cost of any such improvement when in construction of all, or any part, of the improvement the opinion of the Council the topographical or project on the basis of the Council-approved City physical conditions, or unusual or excessive public Engineer's report and before the passage of the travel, or other character of the work involved resolution, or after the passage of the resolution and warrants only a partial payment or no payment by the before the public hearing on the proposed benefitted property of the costs of the improvement; improvement, or at any time after said public hearing; or however, no contract shall be let until after the public 24 Lakeside - Administration

(4) Use general obligation improvement of such property, and the latest date that objections warrants or other available means for interim financing may be filed with the City Recorder/Manager, which of the improvement. date shall not be earlier than the tenth day after the date of publication and mailing, and that such (B) Nothing contained in this subchapter shall objections must be in writing and state the grounds preclude the Council from using any other available therefor. The notice shall also state that the Council means of financing improvements, including federal or will enact an assessment ordinance following the state grants-in-aid, sewer charges or fees, revenue consideration of the proposed assessments and any bonds, general obligation bonds or other federal, state objections thereto; and, if the owner of property or city revenues. In the event that such other means of assessed shall fail, within 30 days of the enactment of financing improvements are used, the Council may, in the said ordinance, to either apply to pay such its discretion, levy special assessments according to the assessment in installments or to pay the assessment in benefits derived to cover any remaining part of the full, then interest shall commence to run on the costs of the improvement. assessment and the property will be subject to (Ord. 112, passed 10-16-1986) foreclosure. The Council shall consider the proposed assessments, and any objections thereto, and may adopt, correct, modify of revise the proposed § 32.23 ASSESSMENTS PRIOR TO assessments and determine the amount of assessment CONSTRUCTION. to be charged against each parcel of property within the improvement district according to the special and If the Council has elected to levy assessments on peculiar benefits accruing thereto from the the benefitted property prior to construction, then the improvement and shall levy the assessments by Council shall hear and consider the manner and ordinance. method of assessment, and any objections thereto, at (Ord. 112, passed 10-16-1986) the initial hearing on the project; and, after determining the amount of the assessment to be charged against each parcel of property within the § 32.25 ERRORS IN ASSESSMENT improvement district according to the special and CALCULATIONS. peculiar benefits accruing thereto, it may levy the assessments by ordinance, subject to provisions for Claimed errors in the calculation of assessments deficit assessments or rebates following the completion shall be called to the attention of the City of construction and determination of actual costs. Recorder/Manager, who shall determine whether there (Ord. 112, passed 10-16-1986) has been an error in fact. If the City Recorder/Manager shall find that there has been an error in fact, he or she shall recommend to the § 32.24 NOTICE AND LEVY OF Council an amendment to the assessment ordinance to ASSESSMENTS. correct such error, and upon enactment of such amendment, the City Recorder/Manager shall make If assessment of benefitted property has not been the necessary correction in the docket of city liens and made on the basis of estimates of the City Engineer, send a corrected notice of assessment by registered or then when actual costs have been determined, the City certified mail. Recorder/Manager shall give notice of the proposed (Ord. 112, passed 10-16-1986) assessments by publication in a newspaper of general circulation in the city and by mail or delivery to the owners of property to be assessed at least ten days § 32.26 DEFICIT ASSESSMENT. prior to the date that the proposed assessments are to be considered by the City Council. The notice shall In the event that an assessment shall be made contain a description of the property to be assessed, before the total cost of the improvement is the amount of the proposed assessment for each parcel ascertained, and if it is found that the amount of the Policies and Procedures 25

assessment is insufficient to defray the expenses of the superior and prior to all other liens or encumbrances improvement, the Council may, by motion, declare on property insofar as the laws of the state permit. such deficit and prepare a proposed deficit assessment. Interest shall be charged at a rate to be determined by The Council shall set a time for a hearing of objections the Council at the time of the assessment on all to such deficit assessment, and shall direct the City amounts not paid within 30 days from the date of such Recorder/Manager to publish one notice thereof in a assessment ordinance the city may proceed to newspaper of general circulation in the city and mail foreclose or enforce collection of the assessment liens copies of such notice to the owners of property to be in the manner provided by the general law of the state; assessed for the costs of the improvement. After such provided, however, that the city may, at its option, hearing, the Council shall make a just and equitable enter a bid for the property being offered at a deficit assessment by ordinance which shall be entered foreclosure sale, which bid shall be prior to all bids in the docket of city liens as provided by this except those made by persons who would be entitled subchapter, and notices of the deficit assessment shall under the laws of the state to redeem such property. be published and mailed and the collection of the (Ord. 112, passed 10-16-1986; Ord. 165, passed assessment shall be made in accordance with§ 32.24. 4-14-1994) (Ord. 112, passed 10-16-1986)

§ 32.29 ABANDONMENT OF PROCEEDINGS. § 32.27 REBATES. The Council shall have full power and authority If, upon the completion of the improvement to abandon and rescind proceedings for improvements project, it is found that the assessment previously made under this subchapter at any time prior to the ( levied upon any property is more than sufficient to pay final completion of such improvements; and if liens - I the costs of such improvements, then the Council must have been assessed upon any property under such ascertain and declare the same by ordinance, and when procedure, they shall be canceled, and any payments so declared, the excess amounts must be entered on the made on such assessments shall be refunded to the lien docket as a credit upon the appropriate persons paying the same, their assigns or legal assessment. In the event that any assessment has been representatives. paid, the person who paid the same, or his or her legal (Ord. 112, passed 10-16-1986) representative, shall be entitled to the repayment of such rebate credit, or the portion thereof which exceeds the amount unpaid on the original assessment. § 32.30 CURATIVE PROVISIONS. (Ord. 112, passed 10-16-1986) No improvement assessment shall be rendered invalid by reason of a failure of the City Engineers' § 32.28 LIEN RECORDS AND FORECLOSURE report to contain all of the information required by PROCEEDINGS. § 32.16, or by reason of a failure to have all of the information required to be in the improvement After passage of the assessment ordinance by the resolution, the assessment ordinance, the lien docket, Council, the City Recorder/Manager shall enter in the or notices required to be published and mailed, nor by docket of city liens a statement of the amounts the failure to list the name of, or mail notice to, the assessed upon each particular lot, parcel of land or owner of any property as required by this subchapter, portion thereof, together with a description of the or by reason of any other error, mistake, delay, improvement, the name of the owners and the date of omission, irregularity or other act, jurisdictional or the assessment ordinance. Upon such entry in the lien otherwise, in any of the proceedings or steps herein docket, the amount so entered shall become a lien and specified, unless it appears that the assessment is charge upon the respective lots, parcels of land or unfair or unjust in its effect upon the person portions thereof which has been assessed for such complaining; and the Council shall have the power improvement. All assessment liens of the city shall be and authority to remedy and correct all such matters 26 Lakeside - Administration

by suitable action and proceedings. rendered void, or its enforcement restrained by any (Ord. 112, passed 10-16-1986) court of this state, or any federal court having jurisdiction thereof, or when the Council shall be in doubt as to the validity of such assessment, deficit § 32.31 REMEDIES. assessment or reassessment, or any part thereof, then the Council may make a reassessment in the manner (A) Subject to the curative provisions of§ 32.30 provided by the laws of the state. and the rights of the city to reassess as provided in (Ord. 112, passed 10-16-1986) § 32.32, proceedings for writs of review and suits in equity may be filed not earlier than 30 days nor later than 60 days after the filing of written objections as § 32.33 REAPPORTIONMENT OF provided herein. ASSESSMENTS.

(B) A property owner, who has filed written (A) Property in single ownership at the time of objections with the City Recorder/Manager prior to the the initial hearing at which the city acquires public hearing, may have the right to apply for a writ jurisdiction to perform a public improvement need not of review based upon the City Council exercising its be divided by the city for the purpose of levying functions erroneously or arbitrarily, or exceeding its assessments except when the city receives actual jurisdiction to the injury of some substantial right of notice of the division of ownership of such property such owner, if the facts supporting such claim have prior to the enactment of the assessment ordinance. been specifically set forth in written objections. (B) After an assessment has been levied upon (C) A property owner, who has filed written contiguous property in single ownership as provided objections with the City Recorder/Manager prior to the in this subchapter, there shall be no division or public hearing, may commence a suit for equitable reapportionment of the assessment lien except under relief based upon a total lack of jurisdiction on the part the following procedure. of the city, and if notice of the improvement shall not have been sent to the owner, and if the owner did not (1) The owner of all or any portion of a have actual knowledge of the proposed improvement parcel of contiguous land subject to a single prior to the hearing, then the owner may file written assessment may make application to the City objections alleging lack of jurisdiction with the City Recorder/Manager for a division and reapportionment Recorder/Manager within 30 days after receiving of the assessment; and such application shall contain notice or knowledge of the improvement. a legal description of each parcel of land into which the property is proposed to be divided together with (D) No provision of this section shall be the name and address of each of the owners and other construed so as to lengthen any period of redemption, parties having an interest in such property. or so as to affect the running of any statute of limitation. Any proceeding on a writ of review or suit (2) After the receipt of the application, the in equity shall be abated if proceedings are City Recorder/Manager shall mail notice to each commenced and diligently pursued by the City Council owner and party having an interest in such property of to remedy or cure the alleged errors or defects. the application and the date and time of the meeting of (Ord. 112, passed 10-16-1986) the City Council at which the matter shall be considered, which meeting shall not be earlier than ten days from the mailing of written notice. § 32 .32 REASSESSMENT. (3) At or prior to the meeting of the City Whenever any assessment, deficit or reassessment Council at which the application will be considered the for any improvement which has been made by the city City Recorder/Manager shall make a report and has been, or shall be, set aside, annulled, declared or recommendation to the Council for the apportioning of Policies and Procedures 27 the assessment lien between portions of the property to (2) Surrendered to an officer or employee be divided and describing the effect of such division of the city by any person reporting it to have been upon the security of the city. found at any place.

(4) At the designated meeting of the City SURPLUS PROPERTY. Personal property Council the applicant and any owner or party having belonging to and owned by the city, or agency which an interest in such property may be heard and the has been determined by the City Recorder/Manager to Council may make a decision at such meeting or the be of no further use to the city. Council may defer its decision to a meeting to be held within 45 days. UNCLAIMED MOTOR VEHICLE. A motor vehicle taken into custody after notice is provided. (5) The Council shall make no reapportionment of an assessment which will impair UNCLAIMED PROPERTY. Money or personal the security of the city for the collection of the property of any description other than contraband, assessments upon the property, and the Council may firearms used in the commission of a crime, animals impose conditions upon such reapportionment for the or motor vehicles, and which has, for any reason, protection of the city. come into the custody, actual or constructive, of the city and is no longer required to be held by the city (6) A reapportionment of assessments shall for any purpose, and remains unclaimed for 30 days become effective only after the enactment of an after notice to the owner or other interested person is ordinance declaring such reapportionment and provided. providing for the amendment of the docket of city liens (Ord. 163, passed 4-14-1994) to conform with the ordinance. (Ord. 112, passed 10-16-1986) § 32.46 RECORDS AND REPORTS.

(A) The officer or employee of the city into DISPOSITION OF FOUND AND UNCLAIMED whose custody found property first comes shall deliver PROPERTY to the custody of the city the property together with a report.

§ 32.45 DEFINITIONS. (B) The report shall state the following information: the date, time and place of the finding; For the purpose of this subchapter, the following the date and time the property came into the custody definitions shall apply unless the context clearly of the city; a description of the property; and the indicates or requires a different meaning. location where the property is kept.

FOUND PROPERTY. Money or personal (1) When found property comes into the property of any description other than contraband, custody of the city, the city shall attach an firearms used in commission of a crime, other identification tag to it. property being held as evidence in any civil or criminal proceeding, animals or motor vehicles, the (2) The property shall be held by the city true owner of which cannot be readily ascertained, and for a minimum period of 30 days, during which time which is: the owner may redeem the property by satisfactorily establishing ownership, and the payment of any costs ( 1) Found by any officer or employee of the as provided in this subchapter. city in or about any vehicle, structure, park, lot, street or other place or premises owned by or under control (3) Found property that remains unclaimed of the city; or after the redemption period shall be disposed of as 28 Lakeside - Administration unclaimed property pursuant to this subchapter. (Ord. 163, passed 4-14-1994)

§ 32.47 TREATMENT OF SURPLUS PROPERTY.

(A) Determination that personal property is surplus and of no further use to a using agency is within the exclusive jurisdiction of the City Council.

(B) Disposition of surplus property is within the exclusive jurisdiction of the City Council. (Ord. 163, passed 4-14-1994)

§ 32.48 PROPERTY TO BE HELD AT EXPENSE OF OWNER.

Found property, unclaimed property and unclaimed motor vehicles that come into the custody, actual or constructive, of the city for any reason, shall be held at the expense of the owner and any costs incurred by the city in finding, transportation, giving of notice, storage, care and custody of the property shall be paid by the owner or other person lawfully entitled to possession before it may be released. (Ord. 163, passed 4-14-1994) CHAPTER 33: TAX AND FINANCE

Section

Transient Occupancy Tax 33. 44 Construction

33.01 Title 33.99 Penalty 33.02 Definitions 33.03 Tax imposed 33.04 Collection of tax by operator; rules for TRANSIENT OCCUPANCY TAX collection 33.05 Operator's duties 33.06 Exemptions § 33.01 TITLE. 33.07 Registration of operator; form and contents; execution This subchapter shall be known as the "Transient 33.08 Returns and payments Tax Ordinance for the City of Lakeside". 33.09 Delinquency penalties (Ord. 155A, passed 5-13-1993) 33.10 Deficiency determination; fraud, evasion, operator delay 33.11 Redeterminations § 33.02 DEFINITIONS. 33.12 Security deposit 33.13 Refunds For the purpose of this subchapter, the following 33.14 Records definitions shall apply unless the context clearly 33.15 Transient Occupancy Tax Appeal indicates or requires a different meaning. Board; procedure 33.16 Violations ACCRUAL ACCOUNTING. The operator enters 33.17 Effective date the rent due from a transient on his or her records when the rent is earned whether or not it is paid. Charges for System Development; Capital Improvements CASH ACCOUNTING. The operator does not enter the rent due from a transient on his or her 33.30 Purpose records until rent is paid. 33.31 Scope 33.32 Definitions CITY COUNCIL. The City Council of the City 33.33 System development charge established of Lakeside, Oregon. 33.34 Methodology 33.35 Authorized expenditures MOTEL. Any structure, or any portion of any 33.36 Expenditure restriction and collection structure which is occupied or intended or designed of charges for transient occupancy for 30 days or less, for 33.37 Delinquent charges; hearing dwelling, lodging or sleeping purposes, and includes 33.38 Exemptions any motel, inn, tourist home or house, hotel, studio 33.39 Credit hotel, bachelor hotel, lodging house, rooming house, 33.40 Notice apartment house, public or private club, space in 33.41 Segregation and use of revenue mobile home or trailer parks, or similar structure or 33.42 Appeal procedure portions thereof so occupied, provided such 33.43 Prohibited connection occupancy is for less than a 30-day period.

29 2016 S-2 30 Lakeside - Administration

OCCUPANCY. The use or possession, or the during the period for which he is required to report his right to use or possession for lodging or sleeping or her collections. purposes of any room or rooms in a hotel, or space in a mobile home or trailer/RV park or portion thereof. TRANSIENT. Any individual who exercises occupancy or is entitled to occupancy in a motel/RV OPERATOR. The person who is proprietor of park for a period of 30 consecutive calendar days or the motel in any capacity. Where the OPERATOR less, counting portions of calendar days as full days. performs his or her fimctions through a managing The day a transient checks out of the hotel/RV park agent of any type or character other than an employee, shall not be included in determining the 30-day period the managing agent shall also be deemed an if the transient is not charged rent for that day by the OPERATOR for the purposes of this subchapter and operator. Any such individual so occupying space in shall have the same duties and liabilities as his or her a motel/RV park shall be deemed a TRANSIENTuntil principal. Compliance with the provisions of this the period of 30 days has expired unless there is an subchapter by either the principal or the managing agreement in writing between the operator and the agent shall be considered to be compliance by both. occupant providing for a longer period of occupancy. In determining whether a person is a TRANSIENT, PERSON. Any individual, firm, partnership, uninterrupted periods of time extending both prior and joint venture, association, social club, fraternal subsequent to the effective date of this subchapter may organization, fraternity, sorority, public or private be considered. A person who pays for lodging/RV dormitory, joint stock company, corporation, estate, space on a monthly basis, irrespective of the number trust, business trust, receiver, trustee, syndicate or of days in such month shall not be deemed a any other group or combination acting as a unit. TRANSIENT. (Ord. 155A, passed 5-13-1993) RENT. The consideration charged, whether or not received by the operator, for the occupancy of space in a hotel or RV park valued in money, goods, § 33.03 TAX IMPOSED. labor, credits, property or other considerations valued in money, without any deduction. (A) For the privilege of occupancy in any motel/RV park on and after July 1, 2003 each RENT PACKAGE PLAN. The consideration transient shall pay a tax in the amount of 7. 5 % of the charged for both food and rent where a single rate is rent charged by the operator. made for the total of both. The amount applicable to rent for determination of transient tax under this (B) The tax constitutes a debt owned by the subchapter shall be the same charge made for rent transient to the city which is extinguished only by when consideration is not a part of a package plan. payment to the operator or the city.

RV PARK. Any land use intended, occupied or (C) The transient shall pay the tax to the designed for the placement of recreational vehicles operator of the motel/RV park at the time the rent is (RV) for transient occupancy for 30 days or less. paid.

RVs. As defined are trailers, motor homes, (D) The operator shall enter the tax on his or her pick-up campers; which provide shelter and may or records when rent is collected if the operator keeps his may not have self contained service provisions. or her records on the accrual basis.

TAX. Either the tax payable by the transient, or (E) If rent is paid in installments a proportionate the aggregate amount of taxes due from an operator share of the tax shall be paid by the transient to the operator with each installment.

2016 S-2 Tax and Finance 31

(F) If for any reason the tax due is not paid to § 33.06 EXEMPTIONS. the operator of the motel/RV park, the City Recorder/Manager may require that such tax shall be No tax imposed under this subchapter shall be paid directly to the city. imposed upon:

(G) In all cases, the rent paid or charged for (A) Any occupant for more than 30 successive occupancy shall exclude the sale of any good, services calendar days (a person who pays on a monthly basis, and commodities, other than the furnishing of rooms, irrespective of the number days in such month, shall accommodations, and parking space in a mobile home not be deemed a transient); park or trailer/RV parks. (Ord. 155A, passed 5-13-1993; Ord. 03-241, passed (B) Any occupant whose rent is of a value of 5-24-2003) less than $2 per day;

(C) Any person who rents a private home, § 33.04 COLLECTION OF TAX BY vacation cabin, or like facility from any owner who OPERATOR; RULES FOR COLLECTION. rents such facilities incidentally to his or her own use thereof; or (A) Every operator renting rooms or RV spaces in this city, the occupancy of which is not exempt (D) Any occupant whose rent is paid for hospital under the terms of this subchapter, shall collect a tax room or to a medical clinic, convalescent home or from the occupant. The tax collected or accrued by the home for aged people. operator constitutes a debt owning by the operator to (Ord. 155A, passed 5-13-1993) ( \ the city.

(B) In all cases of credit or deferred payment of § 33.07 REGISTRATION OF OPERATOR; rent, the payment of tax to the operator may be FORM AND CONTENTS; EXECUTION, deferred until the rent is paid and the operator shall not be liable for the tax until credits are paid, or (A) Every person engaging in or about to engage deferred payments are made. in business as an operator of a motel/RV park in this (Ord. 155A, passed 5-13-1993) Penalty, see§ 33.99 city shall register with the City Recorder/Manager on a business license form provided by him or her.

§ 33,05 OPERATOR'S DUTIES. (B) Operators engaged in business at the time this subchapter is adopted must register not later than (A) Each operator shall collect the tax imposed 30 calendar days after passage of this subchapter. by this subchapter at the same time as the rent is collected from every transient. (C) Operators starting business after this subchapter is adopted must register within 15 calendar (B) The amount of tax shall be separately stated days after commencing business. upon the operator's records, and any receipt rendered by the operator. (D) The privilege of registration after the date of imposition of such tax shall not relieve any person (C) No operator of a motel/RV park shall from the obligation of payment or collection of tax advertise that the tax or any part of the tax will be regardless of registration. assumed or absorbed by the operator, or that it will not be added to the rent, or that, when added, any part will be refunded except in the manner provided by this subchapter. (Ord. 155A, passed 5-13-1993) Penalty, see§ 33.99

2016 S-1 Repl. 32 Lakeside - Administration

(E) Registration shall set forth the name under amount of tax collected or otherwise due for the which an operator transacts or intends to transact related period. The City Recorder/Manager may business, the location of his or her place or places of require returns to show the total rentals upon which business and such other information to facilitate the tax was collected or otherwise due. collection of the tax as the City Recorder/Manager may require. (D) The person required to file the return shall (Ord. 155A, passed 5-13-1993) Penalty, see§ 33.99 deliver the return, together with the remittance of the amount of tax due, to the City Recorder/Manager at his or her office either by personal delivery or by § 33.08 RETURNS AND PAYMENTS. mail. If the return is mailed, the postmark shall be considered the date of delivery for determining (A) The tax imposed by this subchapter shall be delinquencies. paid by the transient to the operator at the time that (Ord. 155A, passed 5-13-1993) rent is paid. Such taxes collected by any operator are due and payable to the City Recorder/Manager as follows: § 33.09 DELINQUENCY PENALTIES.

(1) On a monthly basis by the fifteenth day (A) An operator who has to been granted an of the following month for the first 12 months extension of the time for remittance of tax due and following registration as an operator of a motel/RV who fails to remit the tax prior to delinquency shall park in the city; pay a penalty of 10 % of the tax due in addition to the tax. (2) On a monthly basis by the fifteenth day of the following month for a period of time designated (B) An operator who has not been granted an by the City Recorder/Manager whenever the operator extension of time for remittance of tax due, and who has been delinquent in two or more consecutive fails to pay a delinquent remittance before the payments; or extension of 30 days following the date on which the remittance became delinquent, shall pay a second (3) On a quarterly basis on the fifteenth day delinquency penalty of 15 % of the tax due, the of the month following the closed of the quarter for all amount of the tax, and the 10% penalty first imposed. other operators. The quarters are: (C) If the Tax Administrator determines that the (a) First quarter: January, February, non-payment of a remittance is due to fraud or intent March; to evade the tax, a penalty of 25 % of the tax shall be added in addition to the penalties stated in divisions (b) Second quarter: April, May, June; (A) and (B) above.

(c) Third quarter: July, August, (D) In addition to the penalties imposed by this September; and section, an operator who fails to remit the required tax shall pay interest at the rate of 0.5% per month, (d) Fourth quarter: October, No­ without proration for portions of a month on the tax vember, December. due, exclusive of penalties, from the date on which the tax first became delinquent until paid. (B) Taxes are delinquent if not paid within ten days of the due date. (E) Each penalty imposed and the interest accrued under the provisions of this section shall be (C) Returns shall be filed in such form as the merged with and become a part of the tax required to City Recorder/Manager may prescribe. Returns are be paid. due at the time the tax is paid. Returns shall show the (Ord. 155A, passed 5-13-1993) Tax and Finance 33

within three years after discovery by the City § 33.10 DEFICIENCY DETERMINATIONS; Recorder/Manager of any fraud, intent to evade or FRAUD, EVASION, OPERATOR DELAY. failure or refusal to collect said tax, or failure to file return. Any determination shall become due and (A) Deficiency determination. If the City payable immediately upon receipt of notice and shall Recorder/Manager determines that the returns are become final within ten days after the City incorrect, he or she may compute and determine the Recorder/Manager has given notice thereof amount required to be paid upon the basis of the facts contained in the return or returns or upon the basis of (C) Cost of determining tax. All costs to the city any information within his or her possession or that in determining the actual tax due from any operator may come into his or her possession. One or more shall be added to and become a part of the amount deficiency determinations may be made of the amount owed by the operator upon written notice to the due for one, or more than one period, and the amount operator, served personally or by mail. so determined shall be due and payable immediately (Ord. 155A, passed 5-13-1993) upon service of notice as herein provided after which the amount determined is delinquent. Penalties on deficiencies shall be applied as set forth in § 33.09. § 33.11 REDETERMINATIONS.

(1) In making a determination the City (A) Any person against whom a determination is Recorder/Manager may offset overpayments if any, made under § 33. 10, or any person directly interested which may have been previously made for a period or may petition for a redetermination and redemption and periods against any underpayment for a subsequent refund within the time required in § 33.10. If a period or periods, or against penalties, and interest, petition for redetermination and refund is not filed on the underpayment. The interest on underpayments within the time required in § 33 .10, the determination shall be computed in the manner set forth in§ 33.09. becomes final at the expiration of the allowable time.

(2) The City Recorder/Manager shall give (B) If a petition for redetermination and refund to the operator or occupant a written notice of his or is filed within the allowable period, the City her determination. The notice may be served Recorder/Manager shall reconsider the determination, personally or by mail. and if the person has so requested in his or her petition, shall grant the person an oral hearing and (B) Fraud, refusal to collect, evasion. If any shall give advance notice of the time and place of the operator shall fail or refuse to collect said tax or to hearing. The City Recorder/Manager may continue make, within the time provided in this subchapter, any the hearing from time to time as may be necessary. report and remittance of said tax or any portion thereof required by this subchapter, the City (C) The City Recorder/Manager may decrease Recorder/Manager shall proceed in such manner as he or increase the amount of the determination as a result or she may deem best to obtain facts and information of the hearing and if an increase is determined such on which to base an estimate of the tax due. As soon increase shall be payable immediately after hearing. as the City Recorder/Manager has determined the tax due that is imposed by this subchapter from any (D) The order of decision of the City operator who has failed or refused to collect the same Recorder/Manager upon a petition for redemption and and to report and remit said tax, he or she shall refund becomes final ten days after service upon the proceed to determine and assess against such operator petitioner of notice thereof, unless appeal of such the tax and interest provided for by this subchapter. In order or decision is filed with the City Council within case such determination is made, the City the ten days after service of such notice, Recorder/Manager shall give a notice in the manner aforesaid of the amount so assessed. Such (E) No petition for redetermination of determination and notice shall be made and mailed redemption and refund or appeal therefrom shall be 34 Lakeside - Administration effective for any purpose unless the operator has first (C) All refunds shall be charged to the Transient complied with the payment provisions herein. Occupancy Tax Revenue Account of the city's (Ord. 155A, passed 5-13-1993) General Fund. (Ord. 155A, passed 5-13-1993)

§ 33.12 SECURITY DEPOSIT. § 33.14 RECORDS. (A) The City Recorder/Manager, whenever he or she deems it necessary to ensure the compliance (A) Records required from operators; form. with this subchapter, may require the operator subject Every operator shall keep guest records of room sales thereto to deposit with him or her such security in the and accounting books and records of the room sales. form of cash, bond or other security shall be fixed by All records shall be retained by the operator for three the City Recorder/Manager but shall not be greater years after they come into being. than twice the operator's estimated average monthly liability for the period for which he or she files (B) Examination of records: investigations. The returns, determined in such a manner as the City City Recorder/Manager may examine during normal Recorder/Manager deems proper, or $5,000, business hours, the books, papers and accounting whichever amount is less. The operator has a right to records relating to occupancy sales of any operator appeal to the Transient Occupancy Tax Appeal Board after notification to the operator in order to verify the any decision of the City Recorder/Manager made accuracy of any return made, or if no return is made pursuant to § 33 .15. by the operator, to ascertain and determine the amount required to be paid. (B) At any time within three years after any tax, or any amount of tax required to be collected becomes (C) Confidential character of irifonnation due and payable or at any time within three years after obtained; disclosure unlawful. It shall be unlawful for any determination becomes final, the City the City Recorder/Manager or any person having an Recorder/Manager may bring any action in the courts administrative or clerical duty under the provisions of of this state, or any other state of the United States in this subchapter to make known in any manner the name of the city to collect the amount delinquent whatever the business affairs, operations or together with penalties and interest. information obtained by an investigation of records (Ord. 155A, passed 5-13-1993) and information and equipment of any person.

(1) The disclosure to, or the examination of § 33.13 REFUNDS. records and equipment by another city official, employee or agent for collection of taxes for the sole (A) Whenever the amount of any tax, penalty, or purpose of administering or enforcing any provision interest has been paid more than once, or has been of this subchapter; or collecting taxes imposed erroneously collected or received by the City hereunder. Recorder/Manager, it may be refunded, provided a verified claim in writing therefor, stating the specific (2) The disclosure after the filing of a reason upon which the claim is founded, is filed with written request to that effect, to the taxpayer himself the City Recorder/Manager within three years from or herself, receivers, trustee, executors, the date of payment. administrators, assignees and guarantors, if directly interested, of information as to any paid tax, any (B) If the claim is approved the excess amount unpaid tax, or amount of tax require to be collected, collected or paid may be refunded the operator from or interest, and penalties; provided, however, that the whom it was collected or by whom paid and the City Attorney approves each such disclosure and that balance may be refunded to such operator, his or her the City Recorder/Manager may refuse to make any administrators, executors or assignees. disclosure referred to in this division (C) when in his Tax and Finance 35 or her opinion the public interest would suffer to any other penalties imposed by this subchapter. thereby. (Ord. 155A, passed 5-13-1993) (Ord. 155A, passed 5-13-1993) Penalty, see § 33. 99

§ 33.16 VIOLATIONS. § 33.15 TRANSIENT OCCUPANCY TAX APPEAL BOARD; PROCEDURE. (A) It is unlawful for any operator or other person so required to fail or refuse to register as (A) A Transient Occupancy Tax Appeal Board required herein, or to furnish any return required to is hereby created to be composed of members of the be made, or fail or refuse to furnish a supplemental City Council. return or other data required by the City Recorder/Manager or to render a false or fraudulent (B) Four members of the Board shall constitute return. a quorum. (B) No person required to make, render, sign or (C) The Board shall keep a record of its verify any report shall make any false or fraudulent transactions and shall not, at any time, receive any report, with intent to defeat or evade the determination compensation for their service on the Board. of any amount due required by this subchapter. (Ord, 155A, passed 5-13-1993) Penalty, see§ 33.99 (D) The Board shall have the power to:

( 1) Hear and determine appeals of orders or § 33.17 EFFECTIVE DATE. decisions of the City Recorder/Manager made upon petitions for redetermination of tax. The Board may This subchapter shall become effective at 12:01 affirm, modify or reverse such orders or decision or a.m. on July 1 and the first payment of taxes dismiss the appeals as it may deem necessary. In the hereunder shall become delinquent unless paid on or review of the City Recorder/Manager's decision or prior to October 12, 1993. order, the committee may take such evidence and (Ord. 155A, passed 5-13-1993) make such investigation as it may deem necessary and give notice of its determinations. Such determination shall become final ten days thereafter and shall thereupon become due and payable, subject to interest CHARGE FOR SYSTEM DEVELOPMENT; and penalties; CAPITAL IMPROVEMENTS

(2) Modify, affirm or disapprove all forms, rules, determinations and regulations prescribed by the § 33.30 PURPOSE. City Recorder/Manager in the administration and enforcement of this subchapter; The purpose of the system development charge is to impose a portion of the cost of capital (3) Make such investigations as it deems improvements for the sewer system on those advisable regarding the imposition and administration developments that creates the need for or increase the of the transient occupancy tax; and demands on capital improvements. (Ord. 02-238, passed 8-8-2002) (4) Revoke the business license issued to any operator for repeated failure to comply with this subchapter and order such revocation to continue until § 33.31 SCOPE. the operator has come into compliance and paid in full all taxes owing, including delinquency penalties, The system development charge imposed by this interest and costs. Such revocation may be in addition subchapter is separate from and in addition to any 36 Lakeside - Administration applicable connection charge, tax, assessment, charge permit, development permit, a permit or plan approval or fee otherwise provided by law or imposed as a to connect the sewer or sewer system is issued. condition of development. (Ord. 02-238, passed 8-8-2002) QUALIFIED PUBLIC IMPROVEMENTS.

(1) A capital improvement that is: § 33.32 DEFINITIONS. (a) Required . as a condition of For the purpose of this subchapter, the following development approval; and either definitions shall apply unless the context clearly indicates or requires a different meaning. (b) Identified in the plan adopted pursuant to § 33.36; or CAPITAL IMPROVEMENTS. Facilities or assets used for: (c) Adopted into the plan pursuant to § 33.36 at any time prior to final completion and (1) Waste sewer collection, transmission, acceptance thereof; and either treatment disposal; and/or (d) Not located on or contiguous to a (2) Waste sewer pre-treatment storage, parcel of land that is the subject of the development approval; or DEVELOPMENT. Conducting a building or mining operation, making a physical change in the use (e) Located in whole or in part on or or appearance of a structure or land which increases contiguous to property that is the subject of usage of the sewer system. development approval and required to be built larger or with greater capacity than is necessary to the IMPROVEMENT FEE. A fee for costs particular development project to which the associated with capital improvements to be constructed improvement fee is related. after the date the fee is adopted pursuant to § 33. 33. (2) For purposes of this definition, LAND AREA. The area of a parcel of land as "contiguous" means in a public way which abuts the measured by projection of the parcel boundaries upon parcel. a horizontal plane with the exception of a portion of the parcel within a recorded right-of-way or easement REIMBURSEMENT FEE. A fee for costs subject to a servitude for a public street or scenic or associated with capital improvements constructed or preservation purpose. under construction on the date the fee is adopted pursuant to§ 33.33. OWNER. The owner or owners of record title or the purchaser or purchasers under a recorded sales SYSTEM DEVELOPMENT CHARGE. agreement, and other persons having an interest of record in the described real estate. (1) A reimbursement fee, an improvement fee or a combination thereof assessed or collected at PARCEL OF LAND. A lot, parcel, block or the time of increased usage of a capital improvement, other tract of land that is occupied or may be occupied at the time of issuance of a development permit or by a structure or structures or other use and that building permit, or at the time of connection to the includes the yards and other open spaces required capital improvement. under the zoning, subdivision or other development ordinance. (2) SYSTEM DEVELOPMENT CHARGE includes that portion of a sewer system connection PERMITTEE. The person to whom a building charge that is greater than the amount necessary to Tax and Finance 37 reimburse the city for its average cost of inspecting the improvement fee or the reimbursement fee, or and installing connections with sewer facilities. both, shall be adopted by resolution of the Council. (Ord. 02-238, passed 8-8-2002) (3) SYSTEM DEVELOPMENT CHARGE does not include fees assessed or collected as part of a local improvement district or a charge in lieu of a § 33.35 AUTHORIZED EXPENDITURES. local improvement district assessment or the cost of complying with requirements or conditions imposed (A) Reimbursement fees shall be applied only to by a land use decision. capital improvements associated with the systems for (Ord. 02-238, passed 8-8-2002) which the fees are assessed, including expenditures relating to repayment of the indebtedness.

§ 33.33 SYSTEM DEVELOPMENT CHARGE (B) Improvement fees shall be spent only on ESTABLISHED. capacity increasing capital improvements, including expenditures relating to repayment of future debt for (A) A system development charges shall be the improvements. established and may be revised by resolution of the Council. (1) An increase in system capacity occurs if a capital improvement increases the level of (B) Unless otherwise exempted by the provisions performance or service provided by existing facilities of this subchapter or other local or state law, a system or provides new facilities. development charge is imposed upon all parcels of land within the city, and upon all lands outside the (2) The portion of the capital improvements boundary of the city that connect to or otherwise use funded by improvement fees must be related to the storm sewers, or sewer facilities of the city. demands created by development. (Ord. 02-238, passed 8-8-2002) (C) A capital improvement being funded wholly or in part from revenues derived from the improve­ § 33.34 METHODOLOGY. ment fee shall be included in the plan adopted by the city pursuant to § 33.36. (A) The methodology used to establish or modify the reimbursement fee shall consider the cost of (D) Notwithstanding divisions (A) and (B) then-existing facilities, prior contributions by above, system development charge revenues may be then-existing users, the value of unused capacity, expended on the direct costs of complying with the rate-making principals employed to finance publicly provisions of this subchapter, including the costs of owned capital improvements, and other relevant developing system development charge methodologies factors identified by the Council. The methodology and providing an annual accounting of system shall promote the objective that future systems users development charge expenditures. shall contribute no more than an equitable share of the (Ord. 02-238, passed 8-8-2002) cost of then-existing facilities.

(B) The methodology used to establish or modify § 33.36 EXPENDITURE RESTRICTION AND the improvement fee shall consider the cost of COLLECTION OF CHARGES. projected capital improvements needed to increase the capacity of the systems to which the fee is related. (A) The system development charge is payable upon issuance of: (C) The methodology used to establish or modify (1) A building permit; 38 Lakeside - Administration

(2) A development permit; development charge when a permit that allows building or development of a parcel is issued or when (3) A development permit for development a connection to the sewer system of the city is made. not requiring the issuance of a building permit; (f) The City Recorder/Manager or (4) A plumbing permit; and/or designee shall not issue such permit or allow such connection until the charge has been paid in full, or (5) A permit to connect to the sewer until provision for payment has been made. system; (Ord. 02-238, passed 8-8-2002)

(B) An owner of property shall have the option of payment at the time set forth herein above or upon § 33.37 DELINQUENT CHARGES; HEARING. the occupancy of the property, or upon the sale of the property, or within one year from the issuance of the (A) When, for any reason, the system date of the building permit, whichever occurs first. development charge has not been paid, the City Recorder/Manager shall report to the Council the (1) In the event that the owner of the amount of the uncollected charge, the description of property does not pay pursuant to divisions (B)(2)(a) the real property to which the charge is attributable, through (B)(2)(t) below, the owner shall execute a lien the date upon which the charge was due and the name in favor of the city for the amount owing. Said lien of the owner. shall provide for payment in accordance with this division (B). (B) The City Council shall schedule a public hearing on the matter and direct that notice of the (2) The cost of lien preparation and hearing be given to each owner with a copy of the recording shall be paid in advance by the owner. City Recorder/Manager's report concerning the unpaid charge. Notice of the hearing shall be given (a) System development charges shall either personally or by certified mail, return receipt not be expended for costs associated with the requested, or by both personal and mailed notice, and construction of administrative office facilities that are by posting notice on the parcel at least ten days before more than an incidental part of other capital the date set for hearing. improvements. (C) At the hearing, the Council may accept, (b) System development charges shall reject or modify the determination of the City not be expended for costs of the operation or routine Recorder/Manager as set forth in the report. maintenance of capital improvements. (1) If the Council finds that a system (c) If no building, development or development charge is unpaid and uncollected, it shall connection permit is required, the system development direct the City Recorder/Manager to docket the unpaid charge is payable at the time the usage of the capital and uncollected system development charge in the lien improvement is increased. docket.

(d) If development is commenced or (2) Upon completion of the docketing, the connection is made to the sewer systems without an city shall have a lien against the described land for the appropriate permit, the system development charge is full amount of the unpaid charge, together with immediately payable upon the earliest date that a interest at the legal rate of 10% and with the city's permit was required. actual cost of serving notice of the hearing on the owners. (e) The City Recorder/Manager or designee shall collect the applicable system (3) The lien shall be enforceable in the Tax and Finance 39 manner provided in O.R.S. Chapter 223. (B) A credit shall be given to the (Ord. 02-238, passed 8-8-2002) permittee/developer for the cost of a qualified public improvement not located in whole or in part on or contiguous to the property that is subject of § 33.38 EXEMPTIONS. development approval, upon acceptance by the city of the public improvement. The credit shall not exceed (A) Structures and uses established and legally the improvement fee even if the cost of the capital existing on or before the adoption of the ordinance improvement exceeds the applicable improvement fee codified in this subchapter are exempt from a system and shall only be for the improvement fee charged for development charge, except sewer charges, to the the type of improvement being constructed. extent of the structure or use then existing and to the extent of the parcel of land as it is constituted on that (C) If a qualified public improvement is located date. Structures and uses affected by this division (A) in whole or in part on or contiguous to the property shall pay the sewer charges pursuant to the terms of that is the subject of development approval and is this subchapter upon the receipt of a permit to connect required to be built larger or with greater capacity to the sewer system. then is necessary for the particular development project, a credit shall be given for the cost of the (B) Additions to single-family dwellings that do portion of the improvement that exceeds the city's not constitute a dwelling as defined by State Uniform minimum standard facility size or capacity needed to Building Codes are exempt from all portions of the serve the particular development project or property. system development charge. (1) The applicant shall have the burden of (C) An alteration, addition, replacement or demonstrating that a particular improvement qualifies change in use that does not increase the parcel's or for credit under this division (C). structure's use of the public improvement facility are exempt from all portions of the system development (2) The credit shall not to exceed the charge. improvement and receipt of written confirmation thereof from the City Recorder/Manager, or designee. (D) A project financed by city revenues is exempt from all portions of the system development (D) The request for credit for a qualified public charge. improvement shall be filed with the City (Ord. 02-238, passed 8-8-2002) Recorder/Manager, or designee, not later than 60 days after approval of the development by the city. The request shall include: § 33.39 CREDIT. (1) A legal description of all land within the (A) A system development charge shall be development; imposed when a change of use of a parcel or structure occurs, but credit shall be given for the computed (2) A legal description of any land system development charge to the extent that prior proposed to be donated as part of the qualified public structures existed and services were established on or improvement; after the effective date of this subchapter. (3) A written appraisal of the fair market ( 1) The credit so computed shall not exceed value of donated lands, which are a part of the the calculated system development charge. qualified public improvement. The appraisal shall be prepared by certified professional appraiser and based (2) No refund shall be made on account of upon comparable sales of similar property between such credit. unrelated parties; 40 Lakeside - Administration

( 4) A detailed written estimate of proposed both credits for system development charges from the construction costs for each qualified public city, and reimbursement from such other property improvement, prepared by a professional engineer. owners receiving service from the improvement The estimate shall include separate costs for that pursuant to this subchapter, the developer shall only portion of each improvement that exceeds the city's be entitled to a combined total redeemed credit and minimum standard facility size or capacity; reimbursement amount not greater than the total qualified public improvement cost; and (5) If the qualified public improvement is not currently on the city's capital improvement plan, (12) Where a public improvement qualifies a statement requesting the addition of the improvement for both credits pursuant to this section and onto the plan shall be made in writing; reimbursement pursuant to this subchapter the city shall assume any right for reimbursement for any (6) The signatures of all legal owners of the credits redeemed by a developer for that portion of the development property together with the designation of improvement up to and including the city standard for whom is to receive any credits and the designated size of capacity. percentage for each, if more than one person or entity (Ord. 02-238, passed 8-8-2002) is designated;

(7) When the construction of a qualified § 33.40 NOTICE. public improvement located in whole or in part or contiguous to the property that is the subject of (A) The city shall maintain a list of persons who development approval gives rise to a credit amount have made written request for notification prior to greater than the improvement fee that would otherwise adoption or amendment of a methodology for any be levied against the project, the credit in excess of system development charge. the improvement fee for the original development project may be applied against improvement fees that (1) Written notice shall be mailed to accrue in subsequent phases of the original persons on the list at least 90 days prior to the first development project; hearing to adopt or amend a system development charge. (8) Notwithstanding divisions (D)(2), (D)(3) and (D)(5) above, when establishing a (2) The methodology supporting the methodology for a system development charge, the adoption or amendment shall be available a least 60 city may provide for a credit against the improvement days prior to the first hearing to adopt or amend a fee, the reimbursement, or both, for capital system development charge. improvements constructed ass part of the development which reduce the development's demand upon existing (3) The failure of a person on the list to capital improvements and/or the need for future receive a notice that was mailed does not invalidate capital improvements, or a credit based upon any the action of the city. other rationale the Council finds reasonable; (B) The city may periodically delete names from (9) Credits shall not be transferable from the list, but at least 30 days prior to removing a name one development to another; from the list, the city must notify the person whose name is to be deleted that a new written request for (10) Credits shall be used within ten years notification is required if the person wishes to remain from the date the credit is given; on the notification list. (Ord. 02-238, passed 8-8-2002) ( 11) Where public improvement qualifies for Tax and Finance 41

§ 33.41 SEGREGATION AND USE OF (D) A legal action challenging the methodology REVENUE. adopted by the Council shall not be filed later than 60 days after the adoption. (A) All funds derived from a particular type of (Ord. 02-238, passed 8-8-2002) system development charge is to be segregated by accounting practices from all other funds of the city. That portion of the development charge calculated and § 33.43 PROHIBITED CONNECTION. collected on account of a specific facility system shall be used for no purpose other than those set forth in No person may connect to the sewer systems of § 33.35(B). the city unless the appropriate system development charge has been paid or the lien or installment (B) The City Recorder/Manager shall provide payment method has been applied for and approved. the City Council with an annual accounting, based on (Ord. 02-238, passed 8-8-2002) Penalty, see§ 33.99 the city's fiscal year, for system development charges showing the total amount of system development charge revenues collected for each account § 33.44 CONSTRUCTION. (Ord. 02-238, passed 8-8-2002) The rules of statutory construction contained in O.R.S. Chapter 174 are adopted and by this reference § 33.42 APPEAL PROCEDURE. made a part of this subchapter. (Ord. 02-238, passed 8-8-2002) (A) 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 Recorder/Manager describing with particularity the decision of the City Recorder/Manager and the expenditure from which the person appeals. An appeal of expenditure must be filed within two years of the date of the alleged improper expenditure.

(B) Appeals of any other decision required or permitted to be made to the City Recorder/Manager under this subchapter must be filed within ten years of the date of the decision.

(C) After providing notice to the appellant, the Council shall determine whether the City Recorder/Manager's decision or the expenditure is in accordance with this subchapter and the provisions of O.R.S. 223.297 to 223.314 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 sum equal to the misspent amount shall be deposited within one year to the credit of the account or fund from which it was spent.

2016 S-2 42 Lakeside - Administration TITLE V: PUBLIC WORKS

Chapter

50. GENERAL PROVISIONS

51. SOLID WASTE

52. SEWER REGULATIONS

1 2 Lakeside - Public Works CHAPTER 50: GENERAL PROVISIONS

Section

50.01 STEP or STEP private sewer city's connection fee, which is currently $700, if collections property owner is willing to convey ownership of his 50.02 Connection to publicly provided water or her or its private system to the city, as well as an services required accompanying easement by which the city can come 50. 03 Capping of unconnected sewer inlets on the owners' property to repair, maintain and required inspect the system. 50. 04 Maintenance of septic tank effluent pump (D) This section is in addition to the city's other sewerage ordinances, and if a conflict exists between 50. 99 Penalty these ordinances, then the city's other sewerage ordinances shall prevail. (Ord. 125, passed 5-21-1987) Penalty, see § 50. 99

§ 50.01 STEP OR STEF PRIVATE SEWER COLLECTIONS. § 50.02 CONNECTION TO PUBLICLY PROVIDED WATER SERVICES REQUIRED. (A) All properties within the boundaries of the city which have been developed as habitable (A) Connection required. Commencing on the properties, must install on that property an appropriate effective date hereof, all commercial and residential sewer disposal system, which must be connected to establishments, homes, buildings, lots or premises the city's sewer collection system, whenever the concurrently located within the boundaries of both the private property is within 200 feet of the city's sewer city and the Lakeside Water District which utilize collection system. water for purposes other than agriculture or irrigation shall connect to the system of and utilize water by the (B) The system installed on the private property Lakeside Water District. must be an appropriate system which can efficiently and adequately dispose of sewerage from the private (B) Exemptions. Future commercial and property to the city's sewer collection system. This residential establishments, buildings, lots or premises means that where a gravity-flow system will not not situated within 300 feet of a then existing Lakeside adequately function, due to an uneven or hillside Water District water line are exempted from the terrain, then the appropriate STEP or STEP system provisions of division (A) above. must be installed. (Ord. 169, passed 7-25-1994) Penalty, see§ 50.99

(C) Upon installation of an appropriate STEP or STEP system, and after the city has determined to its § 50.03 CAPPING OF UNCONNECTED SEWER own satisfaction that the system has been appropriately INLETS REQUIRED. and satisfactorily installed, then the city shall, upon application by the property owner, purchase the (A) Purpose. The purpose of this section is to system from the property owner for the amount of the protect the city's sewage disposal and treatment

3 4 Lakeside - Public Works system, including the sewage treatment plant, from (2) No sewer drain inlet connected to or excessive infiltration of extraneous water, sand, dirt accessing the city's sewer system shall be uncapped or and other foreign substances. unsealed at any time when not appropriately and legally connected to a residential structure, (B) Definitions. For the purpose of this section, commercial structure, mobile home, recreational the following definitions shall apply unless the context vehicle or other structure or device. clearly indicates or requires a different meaning. (D) City access to cap sewer drain inlet. In MOBILE HOME. A structure transportable addition to the other provisions of this section the city in one or more sections which is built on a permanent or its designates may enter upon any premises upon chassis, and designed to be used as a dwelling with or which a violation of this section exists for the without a permanent foundation, when connected to purposes of capping and sealing any sewage drain the required utilities, and includes the plumbing, inlet. All associated and reasonably necessary costs so heating, air conditioning and electrical systems incurred shall be paid to the city by the owner, contained therein. occupant and/or other person in charge of the property. RECREATIONAL VEHICLE. A vehicular (Ord. 209, passed 2-12-1998) Penalty, see§ 50.99 type unit primarily designed as temporary living quarters for recreational camping, or travel use, which either has its own motive power or is mounted on or § 50.04 MAINTENANCE OF SEPTIC TANK drawn by another vehicle. The basic entities are: EFFLUENT PUMP. travel trailer, camping trailer, truck camper and motor home. (A) The property owner will pay the regular sewer connection permit fee of $1,250, of which SEWER DRAIN INLETS. The portion of $1,000 will be refunded as soon as the STEP/STEG any piping or other conduit connected to city's sewer system has been approved by the city. system designed to receive, which receives or did receive sewage, drain water or other discharge from (B) The City Wastewater Department will a residential structure, commercial structure, mobile maintain and repair all STEP/STEG systems as home, recreational vehicle or other structure of devise required by Chapter 52. This maintenance will be on for input into the city's sewer system. This definition a time and material basis. The cost of this maintenance specifically includes all mobile home and recreational will be added to the monthly sewer bill. vehicle sewer hook-up sites situated within any mobile home or recreational vehicle park, resort or similar (C) If the cost of said maintenance is more than facility, or within any city, county, state or federal the owner can pay at one time, he or she may set up park or campground. a monthly payment plan not to exceed 12 months from the date of the initial maintenance. (C) Capping of sewer inlets. (Ord. 219, passed 8-13-1998) Penalty, see § 50.99

( 1) All sewer drain inlets connected to or accessing the city's sewer system shall at all times be capped and sealed when not appropriately and legally § 50 .99 PENAL TY. connected to a residential structure, commercial structure, mobile home, recreational vehicle or any (A) Any person violating any provision of this other structure or device. The sewer drain inlet shall chapter for which no specific penalty is prescribed be capped and sealed in such a manner as will prevent shall be subject to § 10. 99. water and foreign substances from entering the sewer drain inlet. (B) (1) The landowner, occupant and/or person in charge of the property whereupon a violation of General Provisions 5

§ 50.03(C), occurs shall be subject to a $100 fine for each day the violation exists.

(2) In addition to any fine imposed under division (B)(l) above, the landowner, occupant and/or person in charge of the property shall pay all costs and expenses incurred by the city resulting from such violation, including labor, damage, repairs and increased maintenance to city's sewer system and/or treatment facility. (Ord. 209, passed 2-12-1998) 6 Lakeside - Public Works CHAPTER 51: SOLID WASTE

Section

51.01 Short title (1) Ensure safe, economical and 51.02 Purpose, policy and scope comprehensive solid waste service; 51.03 Definitions 51.04 Exclusive franchise and exceptions (2) Ensure rates that are just, fair, 51.05 Franchise term reasonable and adequate to provide necessary public 51.06 Franchise fee service and to prohibit rate preference and other 51.07 Franchise responsibility discriminatory practices; and 51.08 Supervision 51.09 Suspension, modification or (3) Provide for technologically and revocation of franchise economically feasible resource recovery by and 51.10 Preventing interruption of service through franchisee in coordinated county-wide 51.11 Termination of service program. 51.12 Subcontracts 51.13 Public responsibility (B) Except for the franchisee under this chapter, 51.14 Resource recovery license no person shall: 51.15 Construction 51.16 City enforcement ( 1) Provide service for compensation or offer to provide or advertise for the performance of 51.99 Penalty such service; and

(2) Provide service for compensation to any tenant, lessee or occupant of any real property of such § 51.01 SHORT TITLE. person. (Ord. 135, passed 3-17-1989) Penalty, see§ 51.99 This chapter shall be known as the "Solid Waste Management Ordinance", and may be so cited and pleaded, and shall be cited herein as "this chapter". § 51.03 DEFINITIONS. (Ord. 135, passed 3-17-1989) For the purpose of this chapter, the following definitions shall apply unless the context clearly § 51.02 PURPOSE, POLICY AND SCOPE. indicates or requires a different meaning.

(A) It is declared to be the public policy of the COMPENSATION. Includes: city to regulate solid waste management to: (1) Any type of consideration paid for service including, but not limited to, rent, the proceeds from resource recovery and any direct or

7 8 Lakeside - Public Works indirect provision for payment of money, goods, (2) SOLID WASTE does not include: services or benefits by tenants, lessees, occupants or similar persons; (a) Hazardous wastes as defined by or pursuant to O.R.S. Chapter 459 or by the city or by (2) The exchange of service between the franchisee, the latter for good cause; persons; and (b) Sewer sludge and septic tank and (3) The flow of consideration from the cesspool pumping or chemical toilet waste; or person owning or possessing the solid waste to the person providing service to the person owning or (c) Reusable beverage containers as possessing the same. defined in O.R.S. 459A.725.

COUNCIL. The City Council of the City of SOLID WASTE MANAGEMENT. Management Lakeside, Oregon. of service.

FRANCHISEE. The person granted the WASTE. Material that is no longer directly franchise by § 51.04, or a subcontractor to such usable by or that is no longer wanted by the source of person. the material, which material is to be disposed of or be resource recovered by another person. PERSON. An individual, partnership, (Ord. 135, passed 3-17-1989) association, corporation, trust, firm, estate or other private legal entity. § 51.04 EXCLUSIVE FRANCHISE AND RESOURCE RECOVERY. The process of EXCEPTIONS. obtaining useful material or energy resources from solid wastes including energy recovery, materials (A) The exclusive right, privilege and franchise recovery, recycling and reuse of solid wastes. to provide service in and for that purpose to utilize the streets and facilities of the city for the provision of SERVICE. Collection, transportation or disposal sanitary solid waste service, shall be accorded to a of or resource recovery from solid wastes. franchise named by a resolution of the Council.

SOLID WASTE. (B) Nothing in the franchise or this section or chapter shall: ( 1) All putrescible and nonputrescible waste including, but not limited to, garbage, rubbish, refuse, (1) Prohibit any person from transporting ashes, swill; waste paper and cardboard; grass wastes he or she produced himself or herself to an clippings; compost; residential, commercial and authorized disposal site or resource recovery facility industrial appliances, construction wastes; discarded providing he or she complies with § 51. 13. Solid residential, commercial and industrial appliances, waste produced by a tenant, licensee, occupant or equipment and furniture; discarded, inoperable or similar person is produced by such person, not the abandoned vehicle parts and vehicle tires; manure, landlord or property owner; vegetable or animal solid or semi-solid waste, dead animals and all other wastes not excepted by this (2) Prohibit any person from contracting a definition. state or federal agency to provide service to such agency; provided, however, such person shall apply for a franchise for that service only and shall comply Solid Waste 9

with all applicable requirements imposed on the (B) Franchisee shall install at least three cans or franchisee under this chapter with the exception of street refuse containers, and the franchisee shall also rates or terms of service set by contract with such regularly and at suitable periods empty the same agency where they are in conflict; without charge to the city. (Ord. 135, passed 3-17-1989) (3) Prohibit any person from collecting, transporting and conveying solid waste or waste over and upon the streets of the city for the purpose of § 51.07 FRANCIDSE RESPONSIBILITY. resource recovery, provided such person has obtained a license therefor under§ 51.14; or (A) The franchisee shall:

(4) Prohibit any person from engaging in a (1) Dispose of wastes collected at a site charitable, civic or benevolent activity, however, approved by the local government unit having merely operating as a non-profit entity does not jurisdiction of or recover resources from the wastes, qualify under this exception and for purposes of both in compliance with O.R.S. Chapter 459, and deciding upon exclusions hereunder, the decision of regulations promulgated thereunder; the City Council shall be final and binding upon all persons. (2) Provide and keep in force public (Ord. 135, passed 3-17-1989; Ord. 162B, passed liability insurance in the amount of not less than 4-14-1994) $100,000, for injury to a single person, $300,000, to a group of persons and $25,000, property damage, all relating to a single occurrence, which shall be § 51.05 FRANCIDSE TERM. evidenced by a certificate of insurance filed with the City Recorder/Manager; The term of this franchise is ten years. Unless the City Council within 90 days of January 1 of any year (3) Provide sufficient collection vehicles, by resolution terminates further renewals, the term containers, facilities, personnel and finances to shall be renewed on January 1 of each year for a full provide all types of necessary service or subcontract ten years from that January 1. If the Council with others to provide such service pursuant to terminates renewals, the franchise shall be valid for § 51.12. Where one a more large volume sources the remaining term unless grounds exist for the require substantial investment in new or added suspension, modification or revocation of the equipment not otherwise necessary to service the franchise pursuant to § 51. 09. Procedure for a refusal service area, the collector may require a contract with to renew for cause as in § 51. 09 shall be the same as such sources providing that the source hires the for action taken under that section. collector to provide service for a period of time. This (Ord. 135, passed 3-17-1989) contract exception is intended to assist in financing the necessary equipment and in protecting the integrity of the remaining service should the source or sources § 51.06 FRANCIDSE FEE. voluntarily terminate collectors service; and

(A) In consideration of said franchise, franchisee (4) Respond to any written complaint on agrees to provide to the city the following services in service. lieu of money: removal of garbage belonging to the city at such times as shall be requested by the city, (B) The franchisee shall not: such services by the franchisee to be without charge to the city. (1) Give any preference to any person, locality or type of solid waste stored, collected, 10 Lakeside - Public Works

transported, disposed of or resource recovered. This (B) After written notice from the Council that division (B) shall not prohibit uniform classes of rates such grounds exist, the franchise shall have 30 days based upon length of haul, type or quantity of waste from the date of mailing of the notice in which to handled and location of customers so long as such comply or to request a public hearing before the rates are reasonably based upon costs of the particular Council. Except as provided in division (E) below, service and are approved by the Council in the same such request shall stay any action by the Council manner as other rates nor shall it prevent any person under this section until the public hearing. The from volunteering service at reduced cost for a franchisee shall be given notice of such hearing, in fraternal, charitable, community, civic or benevolent writing, at least five days before the date of said purpose; and hearing.

(2) Transfer this franchise or any portion (C) If the franchisee fails to comply within the thereof to other persons without the prior written specified time it fails to comply with the order of the approval of the City Council, which consent shall not Council entered upon the base of findings at the public be unreasonably withheld. The City Council shall hearing, the Council may suspend, modify or revoke approve the transfer if the transferee meets all the franchise, or make such action contingent upon applicable requirements met by the original continued noncompliance. franchisee. A pledge of this franchise as financial security shall be considered as a transfer for the (D) At a public hearing, the franchisee and other purposes of this division (B)(2). A transfer, gift, sale interested persons shall have an opportunity to present or bequest of 50 % or more of the outstanding stock of oral, written or documentary evidence to the Council. franchisee, including cumulatively all transfers subsequent to thee effective date of this chapter, shall (E) In the event that the Council finds an be considered as a transfer for the purposes of this immediate and serious danger to the public through subsection. The City Council may attach whatever creation of a health hazard, it may take action within conditions it deems appropriate to guarantee a time specified in the notice to the franchisee and maintenance of service and compliance with this without a public hearing prior to taking such action. chapter. (Ord. 135, passed 3-17-1989) (Ord. 135, passed 3-17-1989)

§ 51.10 PREVENTING INTERRUPTION OF § 51.08 SUPERVISION. SERVICE.

Service provided under the franchis1 shall be The franchisee agrees as a condition to his or her under the supervision of the Mayor. The franchisee franchise that whenever the City Council determines shall, at reasonable times, permit inspection of his or that the failure of service would result in creation of her facilities, equipment and personnel providing an immediate and serious health hazard or serious service. public nuisance, the Council may, after a minimum of (Ord. 135, passed 3-17-1989) 24 hours actual notice to franchisee and a public hearing if franchise requests it, authorize another person to temporarily provide the service or to use § 51.09 SUSPENSION, MODIFICATION OR and operate the land, facilities or equipment of the REVOCATION OF FRANCHISE. franchisee through leasing at a daily rate based on the fair market value of the franchisee's land, facilities or (A) Failure to comply with a written notice to equipment according to charges in the same or similar provide necessary service or otherwise comply with industry to provide emergency service. The Council ( the provisions of this chapter within 30 days after shall return any seized property and business upon written notice shall be grounds for modification, revocation or suspension of the franchise. Solid Waste 11

abatement of the actual or threatened interruption of § 51.13 PUBLIC RESPONSIBILITY. service. (Ord. 135, passed 3-17-1989) In addition to compliance with O.R.S. Chapter 459 and regulations promulgated pursuant thereto:

§ 51.11 TERMINATION OF SERVICE. (A) To prevent recurring back and other injuries to collectors and other persons and to comply with The franchisee shall not terminate service to all safety instructions to collectors from the State or a portion of his or her customers, unless: Accident Insurance Fund:

(A) The street or road access is blocked and (1) No garbage can shall exceed 60 pounds there is no alternate route and provided that the city gross loaded weight or 32 gallons in size. Only round shall not be liable for any such blocking of access; garbage cans shall be used. Cans should be tapered with a smaller bottom than top opening; (B) Excessive weather conditions render providing service unduly hazardous to persons (2) Sunken refuse cans or containers shall providing service or such termination is caused by not be used; accidents or casualties caused by an act of God or a public enemy; (3) To protect against injuries to users or collectors, to protect against damage and spilling (C) A customer has not paid for service provided during cold weather and to protect against rodent after a regular billing and after a seven-day written hazards, only metal garbage cans or equivalent shall notice to pay; and be used or any other can shall be rigid, rodent and fire proof with adequate handgrips on sides and bottom; (D) Ninety days' written notice is given to the and Council and to affected customers and written approval is obtained from the Council. ( 4) The user shall provide safe access to the (Ord. 135, passed 3-17-1989) pickup point so as not to jeopardize the safety of the driver of a collection vehicle or the motoring public or to create a hazard or risk to the person providing § 51.12 SUBCONTRACTS. service. Where the Mayor finds that a private bridge, culvert or other structure or road is incapable of safely (A) The franchisee may subcontract with others carrying the weight of the collection vehicle, the to provide a portion of the services where franchisee collector shall not enter onto such structure or road, does not have the necessary equipment or service. The user shall provide a safe alternative access point Such a subcontract shall not relieve the franchisee of or system. total responsibility for providing and maintaining service and from compliance with this chapter. (B) To protect the privacy, safety, pets and security of customers and to prevent unnecessary (B) Except where emergency service is provided physical and legal risk to the collectors, a residential by a subcontractor, such subcontract shall be in customer shall place the container to be emptied writing, shall be filed with the City Recorder/Manager outside of any locked or latched gate or in a mutually for any service extending more than 90 days and said agreed upon location; subcontractor shall have no claim or right of acting whatsoever against the city. (C) No stationary compactor or other container (Ord. 135, passed 3-17-1989) for commercial or industrial use shall exceed the safe loading design limit or operation limit of the collection vehicles provided by the franchisee to provide subcontract provision for vehicles capable of handling 12 Lakeside - Public Works

specialized loads including drop box trucks and will be provided, and such other information as shall systems; be required by the City Council.

(D) To prevent injuries to users and collectors, (B) The City Council shall review the application stationary compacting devices for handling solid and determine the following: wastes shall comply with applicable federal and state regulations; (1) Whether the franchisee hereunder is providing the same or similar service; (E) Any vehicles used by any person to transport wastes shall be so loaded and operated as to prevent (2) Whether the franchisee hereunder has the wastes from dropping, sifting, leaking, blowing or been or is in the process of arranging to provide such other escapement from the vehicle onto any public service; right-of-way or lands adjacent thereto; (3) If the franchisee is not at the time (F) Any person who receives service shall be providing, nor in the process of arranging to provide responsible for payment for such service. When the such service, whether franchisee has any objections to property owner of a single or multiple dwelling unit or the granting of such license; or mobile home or trailer space has been previously notified in writing by the franchisee of his or her (4) Whether the applicant for such license contingent liability, the property owner shall be has the financial and other means to provide such responsible for payment for service provided to the service. occupant of such unit if the occupant does not pay for the service; and (C) After the review in division (B) above, the City Council may grant or deny the license (G) Provided, however, this section does not application. If the license is granted, the City Council create any liability or cause of action against the city may impose upon such approval and make said license or users for any injuries sustained by franchisee, its subject to reasonable requirements, not unrelated employees, agents or subcontractors for failure to hereto, and it shall protect the interests of the city, the comply with this section. franchisee, and the public. To assure continuity of the (Ord. 135, passed 3-17-1989) proposed service, licensee may be required to post a performance bond in a reasonable amount not exceeding $10,000, guaranteeing that such service § 51.14 RESOURCE RECOVERY LICENSE. shall be continued for such period of time as the City Council shall determine. Upon compliance with the provision of this section, a person may be permitted to engage in (D) In the event of the granting or denial of the collecting, transporting and conveying solid waste or application by the City Council, the franchisee or waste over and upon the streets of the city for the applicant may, upon written notice filed with the City purpose of resource recovery only, subject to the Recorder/Manager within 30 days of notification of following. such granting or denial, appeal the decision of the City Council. In like manner, either franchisee or applicant (A) Such person shall make application to the may appeal any condition or requirement imposed by City Council for the issuance of a license to engage in the City Council in case of allowance of the resource recovery activities. The application shall be application. in writing and shall contain such information and be in such form as the City Council shall require, including (E) If such license is granted, the same may be / a particular description of the service for which a an exclusive license for providing such service within license is sought; the manner in which the applicant the city, if it is determined to be in the best interests of proposes to provide such service, the length of time it the public and the city; however, such exclusive Solid Waste 13

license shall not prohibit the city hereunder from engaging in the same or similar service.

(F) The City Council may require as a condition of said license that licensee shall pay annually, or at more frequent intervals, to the city a fee to be determined by the City Council. (Ord. 135, passed 3-17-1989)

§ 51.15 CONSTRUCTION.

Any findings by a court of competent jurisdiction that any portion of this chapter is unconstitutional or invalid shall not invalidate any other provision of the ordinance. (Ord. 135, passed 3-17-1989)

§ 51.16 CITY ENFORCEMENT.

The city shall enforce the provisions of this chapter by administrative, civil or criminal action as necessary to obtain compliance with this chapter. (Ord. 135, passed 3-17-1989)

§ 51.99 PENALTY.

(A) Violation of a provision of this chapter, except by a franchisee or licensee, is punishable by a fine not to exceed $500.

(B) Violation of a provision of this chapter by a franchisee or licensee shall be as provided in this chapter. (Ord. 135, passed 3-17-1989; Ord. 162B, passed 4-14-1994) 14 Lakeside - Public Works CHAPTER 52: SEWER REGULATIONS

Section

Pennits, Fees, Regulations 52.36 Pretreatment 52.37 Confidential information 52.01 Purpose 52.38 Public nuisance 52.02 Short title 52.39 Harmful contributions 52.03 Definitions 52.40 Cease and desist order 52.04 General discharge prohibitions 52.41 Revoking a permit and terminating 52.05 Specific pollutant limitations service 52.06 Dilution 52.42 Notification of violations 52.07 Accidental discharge 52.43 Appeals to the City Council 52.08 Fees 52.44 Damage 52.09 Specific fees 52.45 Remedies 52.10 Imposition of charges; purpose 52.46 Effective date 52.11 Changes to fees, rates and charges 52.47 Effect of code on past actions and 52.12 Charges; review by city obligations 52.13 Charges; determination generally 52.14 Minimum base rate Regulating STEP Systems for Public Sewers 52.15 Connection classifications 52.16 Billing; address 52.60 Design of septic tank effluent pump 52.17 Application for service or gravity (STEP/STEG) sewer 52.18 Restoration of service charge projects involving common sewers 52.19 Computation and collection of charges 52.61 Administrative search warrants 52.20 Revenues; use 52.21 Billing; payment responsibility 52. 99 Penalty 52.22 Time and payment date; billing 52.23 Adjustment of accounts 52.24 Delinquent accounts 52.25 Sewer charge liens PERMITS, FEES, REGULATIONS 52.26 Appeal procedures 52.27 Application and permit to discharge 52.28 Pretreatment permit application § 52.01 PURPOSE. 52.29 Modification of permit 52.30 Permit conditions This subchapter addresses the problems of 52.31 Duration integration of the various sewer ordinances of the city, 52.32 Permit transfer and is intended to carry out the intentions of the City 52.33 Reporting requirements Council, and provide a consistent and uniform 52.34 Monitoring facilities administration of the sewer regulations of the city. 52.35 Inspection and sampling (Ord. 05-252, passed 6-9-2005)

15 16 Lakeside - Public Works

§ 52.02 SHORT TITLE. NPDES permit, where the publicly-owned treatment work is designed to treat such pollutants, and in fact, This subchapter may be referred to as the "City does treat such pollutants to the degree required by the of Lakeside Sewer Ordinance". POTW's NPDES permit. (Ord. 05-252, passed 6-9-2005) CONNECTION SERVICE CHARGE. A charge levied on connections of a treatment works, for the § 52.03 DEFINITIONS. connection's proportionate share of the cost of operation and maintenance (including replacement) of For the purpose of this chapter, the following such works under§§ 204(b)(l)(a) and 201(h)(2) of the definitions shall apply unless the context clearly Act, as shown in the Federal Register, page 20458, indicates or requires a different meaning. Vol. 47 No. 92, dated May 12, 1982.

ACT. The Federal Water Pollution Control Act, COMBINED SEWER. A sewer intended to also known as the Clean Water Act, as amended 33 serve as a sanitary sewer and a storm sewer, or as an U.S.C. §§ 1251 et seq. industrial sewer and a storm sewer.

APPROVAL AUTHORITY. The Director in an FLOATABLE OIL. Oil, fat or grease in a NPDES state with an approved state pretreatment physical state such that it will depurate by gravity program and the Administrator of the EPA in a non from wastewater by treatment in an approved NPDES state or NPDES state without an approved pretreatment facility. A wastewater shall be state pretreatment program. considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with BIOCHEMICAL OXYGEN DEMAND (BOD). the collection system. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory GARBAGE. Solid wastes from the domestic and procedure in five days at 20°C, expressed in commercial preparation, cooking and dispensing of milligrams per liter. food, and from the handling, storage and sale of produce. BUILDING DRAIN. The part of the lowest horizontal piping of a drainage system which receives INDUSTRIAL CONNECTION. the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to (1) Any non-governmental, nonresidential the building sewer, beginning five feet outside the connection of a publicly owned treatment work which inner face of the building wall. discharges more than the equivalent of 25,000 gallons per day (gpd) of sanitary wastes and which is BUILDING SEWER. The extension from the identified in the Standard Industrial Classifkation building drain to the public sewer or other place of Manual, 1972, Office of Management and Budget, as disposal, also called house connection. amended and supplemented under one of the following divisions: CATEGORICAL STANDARDS. National Categorical Pretreatment Standards or Pretreatment (a) Division A - Agriculture, Forestry Standard. and Fishing;

COMPATIBLE POLLUTANT. Biochemical (b) Division B - Mining; oxygen demand, suspended solids, pH and fecal coliform bacteria; plus any additional pollutants (c) Division D - Manufacturing; identified in the publicly owned treatment work's Sewer Regulations 17

(d) Division E - Transportation, SHALL. Mandatory; MAY is permissive. Communication, Electric, Gas and Sanitary Services; or WASTEWATER SUPERVISOR. The Wastewater Supervisor of the City of Lakeside, or the (e) Division I - Services. Wastewater Supervisor's designate.

(2) In determining the amount of a SANITARY SEWER. A sewer intended to carry permittee's discharge for purposes of industrial cost only sanitary or sanitary and industrial waste waters recovery, the grantee may exclude domestic wastes or from residences, commercial buildings, industrial discharges from sanitary conveniences. plants and institutions.

INDUSTRIAL WASTE. The portion of the SERVICE CONNECTION. A sanitary sewer or wastewater emanating from an industrial connection collection system which has been constructed to the which is not domestic waste or waste from sanitary property line or right-of-way line from a sewer main conveniences. for the sole purpose of providing a connection for the lot/building sewer. NATURAL OUTLET. Any outlet, including storm sewers and combined sewer overflows, into a SERVICE CONNECTION CHARGE. The fee watercourse, pond, ditch, lake or other body of levied to cover the cost of inspection and/or surface or groundwater. construction of the sanitary sewer from the sewer main to the property line which is to be serviced, such pH. The logarithm of the reciprocal of the charges to be itemized on a miscellaneous billing hydrogen-ion concentration. The concentration is the form. weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a pH value SEWAGE. The spent water of a community. of 7 and a hydrogen-ion concentration of 10-7. SEWER. A pipe or conduit that carries POTW. A publicly owned treatment works, and wastewater or drainage water, refers to a treatment works as defined in federal law, owned by the city, which includes any sewers that SLUG. Any discharge of water or wastewater convey wastewater to the POTW treatment plant, but which in concentration of any given constituent or in does not include pipes, sewers or other conveyances quantity of flow exceeds for any period of duration not connected to a facility providing treatment. POTW longer than 15 minutes more the five times the also includes any sewers that convey wastewater' s to average 24-hour concentration or flows during normal the POTW from persons outside the city who are by operation and shall adversely affect the collection contract or agreement with the city, connected to the system and/ or performance of the wastewater city's POTW. treatment works.

PROPERLY SHREDDED GARBAGE. The STORM DRAIN. Sometimes termed STORM wastes from the preparation, cooking and dispensing SEWER, means a sewer intended to carry only storm of foods that have been shredded to such a degree that waters, surface runoff, street wash waters and all particles will be carried freely under the flow drainage. conditions normally prevailing in public sewers, with no particle greater than one-half inch in any SUPERINTENDENT. The Superintendent of dimension. the wastewater treatment works of the city or the person's authorized representative. PUBLIC SEWER. A common sewer controlled by a governmental agency or public utility. SUSPENDED SOLIDS. Total suspended matter that either floats on the surface of, or is in suspension 18 Lakeside - Public Works

in water, wastewater or other liquids, and that is any of the following described waters or wastes to any removable by laboratory filtering as prescribed in public sewers: Standard Methods for the Examination of Water and Wastewater, and referred to as non-filterable residue. (1) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or SYSTEM IMPROVEMENT FEE. That fee gas; including any liquids, solids or gases by reason of which each customer shall pay for the right to connect their nature or quantity are or may be sufficient either to the sanitary sewer system, alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to UNPOLLUTED WATER. Water of quality the POTW or to the operation of the POTW; equal to or better than the effluent criteria in effect or water that would not cause violation of receiving (2) Any waters or wastes containing toxic water quality standards and would not be benefitted by or poisonous solids, liquids or gasses in sufficient discharge to the sanitary sewers and wastewater quantity, either singly or by interaction with other treatment facilities provided. wastes to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, WASTEWATER. The spent water of a create a public nuisance, or create any hazard in the community. From the standpoint of source, it may be receiving waters of the sewage treatment plant, a combination of the liquid and water-carried wastes including but not limited to cyanides in excess of two from residences, commercial buildings, industrial mg/I or CN in the wastes as discharged to the public plants and institutions, together with any groundwater, sewer; surface water and stormwater that may be present. WASTEWATER means sewage. (3) Any waters or wastes having a pH lower than 5. 5 or having any other corrosive property WASTEWATER FACILITIES. The structures, capable of causing damage or hazard to structures, equipment and processes required to collect, carry equipment and personnel of the sewage works; away and treat domestic and industrial wastes and dispose of the effluent. (4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the WASTEWATER TREATMENT WORKS. An flow in sewers, or other interference with the proper arrangement of devices and structures for treating operation of the sewage works such as, but not limited wastewater, industrial wastes and sludge. Sometimes to, ashes, cinders, sand, mud, straw, shavings, metal, used as synonymous with WASTE TREATMENT glass, rags, feathers, tar, plastics, wood, unground PLANT or WASTEWATER TREATMENT PLANT garbage (or garbage with particles greater than one­ or WATER POLLUTION CONTROL PLANT or half inch in any dimension), whole blood, paunch SEWAGE TREATMENT PLANT. manure, hair and fleshings, entrails and paper dishes, cups, milk containers and the like, either whole or WATERCOURSE. A natural or artificial channel ground by garbage grinders; for the passage of water either continuously or intermittently. (5) Noxious or malodorous liquids, gases (Ord. 05-252, passed 6-9-2005) or solids that either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the § 52.04 GENERAL DISCHARGE sewers for their maintenance and repair; or PROHIBITIONS. ( 6) Substances that will cause the POTW to (A) No person shall discharge or cause to be violate its NPDES and or state disposal system permit discharged, or contribute or cause to be contributed, or receiving water quality standards. Sewer Regulations 19

(B) No person shall discharge or cause to be treatment of the composite sewage, to meet the discharged the following described substances, requirements of the state, federal or other public materials, waters or wastes if it appears likely in the agencies of jurisdiction of such discharge to the opinion of the Superintendent that such wastes can receiving waters; harm either the sewers, sewage treatment process or equipment, having an adverse effect on the receiving (7) Any radioactive wastes or isotopes of stream, or can otherwise endanger life, limb, public such half-life or concentration as may exceed limits property or constitute a nuisance. In forming the established by the applicable state or federal person's opinion as to the acceptability of these regulations; wastes, the Superintendent will give consideration to such factors as to quantities of subject wastes in (8) Any waters or wastes having a pH in relation to flows and velocities in the sewers, excess of 9.5; materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage (9) Materials which exert or cause: treatment plant, and other pertinent factors; the substances prohibited are: (a) Unusual concentrations of inert suspended solids (such as, but not limited to, Fuller's (1) Any liquid or vapor having a earth, lime slurries and lime residues) or of dissolved temperature higher than 150°P (65°C); solids (such as, but not limited to, sodium chloride and sodium sulfate); (2) Any water or waste containing fats, gas, grease or oils, whether emulsified or not, in excess of (b) Excessive discoloration (such as, 100 mg/I or containing substances which may solidify but not limited to, dye wastes and vegetable tanning or become viscous at temperatures between 32 and solutions); 150°F (0 and 65°C); (c) Unusual BOD, chemical oxygen (3) Any garbage that has not been properly demand or chlorine requirements in such quantities as shredded. The installation and operation of any to constitute a significant load on the sewage treatment garbage grinder equipped with a motor of works; or three-fourths horsepower (0. 76 hp metric) or greater shall be subject to the review and approval of the (d) Unusual volume of flow or Superintendent; concentration of wastes constituting "slugs" as defined in § 52.03. (4) Any waters or wastes containing strong acid iron pickling wastes or concentrated plating (10) Waters or wastes containing substances solutions whether neutralized or not; which are not amenable to treatment or reduction by the sewage treatment processes employed, or are (5) Any waters or wastes containing iron, amenable to treatment only to such degree that the chromium, copper, zinc and similar objectionable or sewage treatment plant effluent cannot meet the toxic substances; or wastes exerting an excessive requirements of other agencies having jurisdiction chlorine requirement, to such degree that any such over discharge to the receiving waters. material received in the composite sewage at the (Ord. 05-252, passed 6-9-2005) Penalty, see§ 52.99 sewage treatment works exceeds the limits established by the Superintendent for such materials; § 52.05 SPECIFIC POLLUTANT LIMITATIONS. ( 6) Any waters or wastes containing phenols or other taste- or odor-producing substances, No person shall discharge wastewater containing in such concentrations exceeding limits which may be in excess of: established by the Superintendent as necessary, after 20 Lakeside - Public Works

(A) 0.03 mg/I arsenic; (2) Detailed plans showing facilities and operating procedures to provide this protection shall (B) 0.01 mg/I cadmium; be submitted to the city for review, and shall be approved by the city prior to the construction of the (C) 0.03 mg/I copper; facility. All persons who commences contributions to the POTW after the effective date of this subchapter (D) 0.2 mg/I cyanide; shall be permitted to introduce pollutants into the system until accidental discharge procedures have (E) 0.05 mg/I lead; been approved by the city.

(F) 0. 03 mg/I mercury; (B) Telephone notice. Any nonresidential connection becoming aware of a discharge in violation (G) 0. 3 mg/I nickel; of this subchapter into the city sewerage system shall report such discharge immediately by telephone to the (H) 0.03 mg/I silver; Wastewater Supervisor.

(I) 1. 00 mg/1 total chromium; (1) Prompt notification of such discharges will allow the city to take necessary precautions to (J) 0.03 mg/I zinc; minimize hazards and to prevent damage to the receiving waters, thereby avoiding or minimizing (K) 100.0 mg/I oil and grease; or discharge violations and fines from state and federal regulatory agencies. (L) 1. 0 mg/I phenolic compounds that cannot be removed by the city's wastewater treatment processes. (2) The notification shall include the (Ord. 05-252, passed 6-9-2005) Penalty, see§ 52.99 location of the discharge, type, concentration and volume of pollutant and corrective actions proposed and/or taken. § 52.06 DILUTION. (C) Written notice. Within five days following No nonresidential connection shall increase the such a discharge, the nonresidential connection shall use of process water or, in any way, attempt to dilute submit to the Wastewater Supervisor a detailed written a discharge as a partial or complete substitute for report describing the cause and location of the adequate pretreatment to achieve compliance with the discharge, the type, concentration and volume of standards contained in this subchapter. pollutant discharged, and any hazards which may be (Ord. 05-252, passed 6-9-2005) Penalty, see§ 52.99 posed to life or property and the measures taken or to be taken to prevent similar future occurrences.

§ 52.07 ACCIDENTAL DISCHARGE. (D) Notice to employees. Each nonresidential connection subject to pretreatment standards shall (A) Each person shall provide protection from permanently post a notice on its bulletin board or accidental discharge of pro)libited materials or other other prominent place advising employees whom to substances regulated by this subchapter. call in the event of a discharge in violation of this subchapter. Employers shall ensure that all employees ( 1) Facilities to prevent accidental who may cause or suffer such a discharge to occur or discharge of prohibited materials shall be provided who are likely to detect such discharge are advised bf and maintained in the owners/persons own cost. the emergency notification procedure. (Ord. 05-252, passed 6-9-2005) Penalty, see§ 52.99 Sewer Regulations 21

§ 52.08 FEES. and imposed by the city for the purpose of funding operations, maintenance and improvements thereto. (A) It is the purpose of this section to recover the (Ord. 05-252, passed 6-9-2005) city's costs of operating the sewer through a system of equitable charges or fees for certain services to be paid by the persons connected to the city sewerage § 52.11 CHANGES TO FEES, RATES AND system. The applicable charges or fees shall be set CHARGES. forth in a schedule of fees adopted by the City Council. All fees, rates and charges stated within this subchapter may be changed at any time in the future (B) All tax-exempt organizations shall be by resolution of the City Council. required to pay a fee that is equal to 200 % of the (Ord. 05-252, passed 6-9-2005) standard connection and sewer rate fees.

(C) All sewer connections and monthly sewer § 52.12 CHARGES; REVIEW BY CITY. charges for outside of the city limits shall be required to pay a fee that is equal to 200 % of the standard The connection service charges shall be reviewed connection and sewer rate fees. and revised at least biennially to reflect actual costs of (Ord. 05-252, passed 6-9-2005) operation and maintenance, replacement and financing of the treatment works, and to maintain the equatability of connection service charges with respect § 52.09 SPECIFIC FEES. to proportional distribution of the costs of operation and maintenance according to each connection's The City Council may adopt fees to reduce the contribution to the total wastewater loading of the city's cost of providing the following services: treatment works. (Ord. 05-252, passed 6-9-2005) (A) Setting up and operating the pretreatment program; § 52.13 CHARGES; DETERMINATION (B) Sampling, monitoring, inspection and GENERALLY. surveillance procedures; A connection service charge shall be levied on all (C) Reviewing accidental discharge procedures connections served by public sewer, and the charge and construction; shall be determined as set out in this subchapter. (Ord. 05-252, passed 6-9-2005) (D) Reviewing and acting upon permit applications; and § 52.14 MINIMUM BASE RATE. (E) Other services as the Wastewater Supervisor may deem necessary to carry out the requirements A minimum base rate shall be charged monthly contained herein. for each residential dwelling unit (connection) and (Ord. 05-252, passed 6-9-2005) each commercial business (connection), as provided in this subchapter. (Ord. 05-252, passed 6-9-2005) § 52.10 IMPOSITION OF CHARGES; PURPOSE.

Charges for connections to the public sewer system and subsequent sewer services shall be levied 22 Lakeside - Public Works

§ 52.15 CONNECTION CLASSIFICATIONS. (12) Medical, dental and veterinary clinics (each); Connection classifications shall be comprised of, but not limited to the following: (13) Pharmacies (each);

(A) Residential. (14) Print shops (each);

(1) Single-family (per dwelling unit); (15) Professional offices (each business);

(2) Multiple-family (per dwelling unit); (16) Schools (each, without food preparation); (3) Mobile home park (per dwelling space); and (17) Service stations (each);

( 4) Travel trailer park (per dwelling space). (18) Taverns (each); and

(B) Commercial I. (19) Warehouses (each).

(1) Barbershops and beauty shops (each); (C) Commercial II.

(2) Car dealers (each); (1) Churches (each, with garbage disposal);

(3) Churches (each, without garbage (2) Drive-in restaurants (each, with garbage disposal); disposal);

(4) Department stores (each); (3) Full-service restaurants and fraternal clubs (each, with food service, no garbage disposal, (5) Drive-in restaurants (each, without with grease trap); and garbage disposal); (4) Institutions (each, hospitals, schools, (6) Fraternal clubs (each, without food nursing homes). service); (D) Commercial III. (7) Grocery stores (each, without meat cutting); (1) Bakeries (each);

(8) Hardware stores (each); (2) Full-service restaurants and fraternal clubs (each, with food service, no garbage disposal, (9) Hotels and motels (each); without grease trap);

(10) Laundromats (each); (3) Grocery stores ( each, with meat cutting and/ or bakery); and (11) Light industrial (each, flow less than 25,000 gpd, BOD less than 400 mg/I, SS less than 450 (4) Meat markets (each). mg/I); (E) Commercial IV. Septic haulers (each). Sewer Regulations 23

(F) Industrial. Any facility that discharges (B) For the restoration of service, the customer effluent to the sanitary sewer for any 24-hour period shall pay a fee of $75 for each hour of staff time which equals or exceeds any one of the following necessary to restore the service. criteria: (C) This charge shall not apply to newly installed (1) Flow greater than 25,000 gpd; service connections unless the applicant may have outstanding charges in another account. (2) BOD greater than 1,500 mg/1; (Ord. 05-252, passed 6-9-2005)

(3) SS greater than 1,500 mg/1; § 52.19 COMPUTATION AND COLLECTION (4) pH greater than 9.0; or OF CHARGES.

(5) pH less than 6.0. All collections for connection service charges (Ord. 05-252, passed 6-9-2005) shall be made by the appropriate city department. Connection service charges shall be computed and payable as provided in this subchapter. § 52.16 BILLING; ADDRESS. (Ord. 05-252, passed 6-9-2005)

Bills for connection service charges shall be mailed to the address specified in the application for § 52.20 REVENUES; USE. permit to make the connection, unless or until a different owner or connection of the property is The City Manager/Recorder is directed to deposit reported to the city. Notwithstanding the billing in the Sewer Fund all the gross revenues received address, the responsibility for payment of any unpaid from charges, rates and penalties collected for the use balance shall be the responsibility of the property of the sewer system as herein provided. The revenues owner and may be placed as a lien against the thus deposited in the Sewer Fund shall be used premises as authorized by this subchapter. exclusively for the operation, maintenance, (Ord. 05-252, passed 6-9-2005) improvements of the sewer system, and payments of the principal and interest on any bonded indebtedness of the city sewer system. § 52.17 APPLICATION FOR SERVICE (Ord. 05-252, passed 6-9-2005)

Applications for sewer service shall contain the signature of the owner of the property, or authorized § 52.21 BILLING; PAYMENT representative of the owner. The application may also RESPONSIBILITY. contain the name of other persons, who may also be liable. Nothing herein shall interfere with the rights of The property owner of record shall be landlords/tenants or owners/sellers to allocate responsible for payment of all charges prescribed in responsibility among each other for sewer charges. this subchapter. (Ord. 05-252, passed 6-9-2005) (Ord. 05-252, passed 6-9-2005)

§ 52.18 RESTORATION OF SERVICE § 52.22 TIME AND PAYMENT DATE; CHARGE. BILLING. ( (A) The city shall charge a customer for (A) Sewer service charges shall reflect a base restoration of sewer service when service has been charge. Sewer service shall be billed at a monthly discontinued under the provisions of city ordinances. rate. 24 Lakeside - Public Works

(B) Each connection on a customer's premises (D) If the full payment of the delinquent amount shall be billed separately, and two or more is not made by the date designated on the notice, the connections shall not be combined unless the city's sewer may be immediately discontinued. At the time operating convenience requires. sewer service is discontinued, a notice shall be posted (Ord. 05-252, passed 6-9-2005) on the premises indicating the sewer service has been discontinued, and it may be restored by payment of the delinquent amount and a restoration fee as § 52.23 ADJUSTMENT OF ACCOUNTS. stipulated by § 52.18.

Customer accounts shall be adjusted for accounts (E) Prior to the restoration of service by the city, receiving less than one month of service on a pro rata the delinquent bill and restoration fee shall be paid, basis according to connection type. unless a deferred payment schedule is approved by the (Ord. 05-252, passed 6-9-2005) City Recorder/Manager or their designees.

(F) Delinquent utility accounts totaling less than § 52.24 DELINQUENT ACCOUNTS. $25 shall not be turned off unless circumstances indicate the service has been abandoned. (A) Utility bills for sewer service shall be due (Ord. 05-252, passed 6-9-2005; Ord. 13-274, passed and payable on the twenty-fifth day of the month 7-11-2013) following the month in which they were mailed.

(B) Utility bills shall be delinquent if not paid by § 52.25 SEWER CHARGE LIENS. the due date and a late fee set by Council resolution shall be added to the account on the next working day Sewer service charges shall be a lien against the following the due date. premises served from and after the date of billing and entry on the ledger or other records of the city (C) Delinquent utility accounts may be pertaining to the sewer system, and such ledger or discontinued after providing the owner and occupants other records shall remain accessible for inspection by with written notice. anyone interested to ascertain the amount of such charges against the property. Whenever a bill for (1) Written notice shall be sent to the sewer service remains unpaid 90 days after it has been occupant and person responsible for the account (if rendered, the lien thereby created may be foreclosed they are different) stating that sewer service shall be in a manner provided for in O.R.S. 223.610, or in discontinued unless the delinquent account balance is any other manner provided for by law or by city paid by 5:00 p.m. on the fifth day of the month or a ordinance. later specified date and time. The notice shall be (Ord. 05-252, passed 6-9-2005) mailed a minimum of ten days prior to the date the sewer is to be turned off. Sewer services shall not be discontinued after 2:00 p.m. in the afternoon, nor § 52.26 APPEAL PROCEDURES. shall sewer services be turned off on Fridays, • weekends or the day before a regular holiday. A sewer connection who feels their fee or charge is unjust or inequitable, as applied to their premises, (2) In addition to the information given in within the intent of the foregoing provisions, may division (C)( 1) above, the notice shall also indicate make a written appeal to the City Council requesting that responsibility for payment of any unpaid balance a review of the fee or charge. Review of the request shall be the responsibility of the property owner and shall be made by the appropriate city staff, who shall may be placed as a lien against the premises as determine if it is substantiated or not, including authorized by§ 52.25. recommended action to the Council if necessary. If the Sewer Regulations 25

City Council substantiates the request, the fee or sludge contamination or other means. charge for that connection shall be re-computed based (Ord. 05-252, passed 6-9-2005) Penalty, see § 52. 99 on the approved, revised flow. The Council shall have the final responsibility for determining equatability of charges where special circumstances are found, and § 52.28 PRETREATMENT PERMIT for the adjusting of such charges in a consistent and APPLICATION. equitable manner. (Ord. 05-252, passed 6-9-2005) (A) Existing nonresidential permittees shall apply for a wastewater discharge permit within 180 days after becoming subject to the pretreatment § 52.27 APPLICATION AND PERMIT TO requirements of this subchapter. DISCHARGE. (B) New nonresidential permittees subject to said (A) No person shall without a city permit requirements shall apply at least 90 days prior to discharge to any natural outlet within the city, or any connecting to or discharging to the city sewerage area under the jurisdiction of the city, and/ or to the system. POTW any wastewater except as authorized by the PW Director in accordance with the provisions of this (C) Any nonresidential connection with a valid subchapter. permit and proposing to make a change in its existing discharge, which will substantially change the volume (B) Each nonresidential connection discharging, of flow or the characteristics of the discharge or proposing to discharge or having the potential to establish a new point of discharge, shall apply for an discharge significant contributions of wastewater amended permit at least 60 days before making such containing restricted substances into the city sewerage change. system shall secure a wastewater discharge permit from the city if the nonresidential permittee; (D) Applications shall be made to the Wastewater Supervisor in writing on forms provided (1) Is subject to national categorical by the city and may include the following information: pretreatment standards as promulgated by the EPA under § 307 (b) or (c) of the Clean Water Act (1) Name, address, telephone number and (C.W.A.), being 33 U.S.C. § 1317(b) or (c); authorized representative of the applicant and service address; (2) Has in its waste toxic pollutants as defined pursuant to § 307 of the Clean Water Act, (2) SIC number; being 33 U.S.C. § 1317 and§ 502 of the Clean Water Act, being 33 U.S.C. § 1362; (3) A list of environmental control permits held by or for the applicant; (3) Has a non-domestic flow of 25,000 gallons or more per average work day; (4) A list of wastewater pollutants and their characteristic actually or potentially discharged at the ( 4) Contributes more than 5 % of the applicable plant site including measured or estimated average dry weather hydraulic, organic or solids daily average and daily maximum concentrations of handling load to the city's wastewater treatment plant; these pollutants; or (5) A description of spill prevention (5) Is determined by the state or city to measures or plans which are currently in place in the have a significant impact or potential for significant plant; impact to adversely affect the city sewerage system by either upset, inhibition, pass through of pollutants, 26 Lakeside - Public Works

(6) Water use and wastewater flow rates, ( 1) Payment of applicable fees and charges; including maximum daily, average daily, average monthly and seasonal variations, if any; (2) Limits on the average and maximum discharge of restricted substances; (7) A schematic diagram of applicant's industrial processes including a listing of estimated (3) Limits on the average and maximum average water flow through each process and rate and time of discharge or requirements for flow indicating point(s) of discharge to city sewerage regulation and equalization; system. Also, a detailed site, floor or plumbing plan showing the size and location of all sewers, sewer (4) Requirements for installation and connections and appurtenances; and maintenance of pretreatment, inspection or monitoring and sampling facilities; (8) A description of activities, facilities and plant processes on the premises including a description (5) Specifications for monitoring and of types and quantities of products produced, sampling programs which may include monitoring and manufacturing methods used, types and quantities of sampling locations, frequency of monitoring and principal and minor materials used, and. a work and sampling, number, types and standards for tests and production schedule for the plant. The Wastewater reporting schedules; Supervisor will evaluate the data furnished by the nonresidential connection and may require additional (6) Compliance schedules; information or sampling of wastewater characteristics. If the proposed discharge meets the requirements of (7) Requirements for submission of this subchapter, the city will issue a wastewater technical reports or discharge reports; discharge permit, subject to appropriate terms and conditions. (8) Requirements for maintaining and (Ord. 05-252, passed 6-9-2005) retaining plant records relating to wastewater discharge as specified by the Wastewater Supervisor, and affording the Wastewater Supervisor access § 52.29 MODIFICATION OF PERMIT. thereto;

Discharge conditions included in a wastewater (9) Requirements for notification of the city discharge permit shall remain in effect for that permit of any new introduction of restricted substances or any until it expires, except that they may be revised from substantial change in the volume or character of the time to time as the Wastewater Supervisor deems wastewater or restricted substances being discharged necessary to effectively manage industrial waste into the city sewerage system; discharge. The nonresidential connection shall be informed of any proposed change in its permit at least (10) Requirements for notification of sludge 30 days prior to the effective date of change, except in discharges; and the event of an emergency. (Ord. 05-252, passed 6-9-2005) (11) Other conditions as deemed appropriate by the Wastewater Supervisor to achieve compliance with this subchapter. § 52.30 PERMIT CONDITIONS. (Ord. 05-252, passed 6-9-2005)

(A) Wastewater discharge permits shall be expressly subject to all provisions of this subchapter. § 52.31 DURATION.

(B) Permits may contain the following Permits shall be issued for a specified time conditions: period, not to exceed five years. The nonresidential Sewer Regulations 27

connection shall apply for permit reissuance a install, operate and maintain an automatic sampler, minimum of 180 days prior to the expiration of this analyzer or flow measuring device to monitor its existing permit if it desires to continue the discharges in the manner directed by the city. uninterrupted discharge of restricted substances. (Ord. 05-252, passed 6-9-2005) (E) All sampling and analysis shall be done in a manner and by a laboratory previously approved by the Wastewater Supervisor. § 52.32 PERMIT TRANSFER. (F) The Wastewater Supervisor shall require all A wastewater discharge permit will be issued to analysis related to National Categorical Pretreatment a specific nonresidential connection for a specific Standards to be performed in accordance with the operation. A wastewater discharge permit shall not be procedures established by the EPA pursuant to assigned, transferred or sold without the approval of § 304(g) of the Act and contained in 40 C.F.R. part the Wastewater Supervisor. Any succeeding 136 or other applicable analytical procedures approved nonresidential connection shall agree to comply with by the EPA. the terms and conditions of the existing permit as a condition precedent to the approval by the Wastewater (G) To the degree practicable, the Wastewater Supervisor of a transfer sale or assignment of the Supervisor will provide each permit holder or permit. applicant with information on applicable local, state (Ord. 05-252, passed 6-9-2005) and federal wastewater analysis and reporting requirements; provided, however, that any failure to do so shall not excuse the permit holder from § 52.33 REPORTING REQUIREMENTS. compliance with said requirements. (Ord. 05-252, passed 6-9-2005) (A) Permit holders will be required to submit information, certifications, compliance schedules and samples of discharge or perform tests and report such § 52.34 MONITORING FACILITIES. test results to the Wastewater Supervisor as follows: When required by the Wastewater Supervisor, the ( 1) When required by the terms and permit holder shall install and maintain at its expense provisions of 40 C.F.R. § 403.12, as amended a suitable control manhole to facilitate observation, through the effective date of this subchapter; sampling and measurement of wastewater being discharged into the city sewerage system. Such (2) When requested by state or local public manhole shall be located, if feasible, where it is agencies; or accessible from a public road or street. It shall be constructed in accordance with plans and at a location (3) When deemed necessary by the approved by the Wastewater Supervisor and shall be Wastewater Supervisor for the proper treatment, arranged so that flow measuring and sampling analysis or control of discharges. equipment and a shutoff gate or a screen may be conveniently installed by the city. (B) All such tests and reports shall be at the cost (Ord. 05-252, passed 6-9-2005) of the permit holder.

(C) The city shall have the right to implement § 52.35 INSPECTION AND SAMPLING. and enforce the requirements of 40 C.F.R. § 403.12 by order of the Wastewater Supervisor. The city shall have the right to inspect the facilities of any nonresidential connection subject to (D) When deemed necessary by the Wastewater pretreatment standards as necessary to determine Supervisor, a permit holder may be required to obtain, compliance with pretreatment standards. These 28 Lakeside - Public Works

inspections shall take place whether or not the to meet the applicable standards, limitations and provisions of this subchapter are being complied with. conditions of a wastewater discharge permit. The owner, operator or agent in charge of premises (Ord. 05-252, passed 6-9-2005) where wastewater is created or discharged shall allow authorized representatives of the city, state and BP A, upon presentation of their credentials, access at all § 52.37 CONFIDENTIAL INFORMATION. reasonable times to all parts of the premises for the purpose of the performance of any of their duties, (A) Information and data obtained by the city including, but not limited to: inspection, observation, from reports, questionnaires, permit applications, sampling and/or records copying and examination. permits and monitoring programs shall be available to The city, state and EPA shall have the right to set up the public and other governmental agencies without on the nonresidential permittee' s property such restriction unless the permit holder requests in writing devices as may be necessary or proper to conduct that it be confidential and demonstrates to the sampling, observation, inspection, compliance satisfaction of the Wastewater Supervisor that such monitoring and/ or metering operations. The records are exempt from disclosure under O.R.S. nonresidential connection shall make arrangements 192.501 and 192.502. Notwithstanding anything with its employees so that, upon presentation of their herein to the contrary, all such data shall be available credentials, representatives from the city, state or at least to the extent necessary that the Wastewater EPA will be permitted to enter, without delay, for the Supervisor can ensure compliance with the purpose of performing their responsibilities. requirements of state and federal agencies as required (Ord. 05-252, passed 6-9-2005) during judicial or enforcement proceedings involving the nonresidential permittee.

§ 52.36 PRETREATMENT. (B) When confidentiality is requested and the right thereto is established by the permit holder, the (A) As a condition of the granting of a confidential information shall not be made available wastewater discharge permit, the permit holder may for inspection by the public but may be made available be required to install pretreatment facilities or make upon written request to governmental agencies for plant or process modifications as deemed necessary by uses related to this subchapter, the NPDES permit or the Wastewater Supervisor to meet the requirements pretreatment programs; however, all portions of a of this subchapter. report shall be available for use by the city or state in judicial or enforcement proceedings involving the (B) Whenever such facilities or modifications are person furnishing the report. required, they shall be constructed, installed, operated (Ord. 05-252, passed 6-9-2005) and maintained at the expense of the permit holder and in a manner and within the time prescribed by the Wastewater Supervisor. The permit holder shall § 52.38 PUBLIC NUISANCE. maintain records indicating routine maintenance check dates, cleaning and waste removal dates and means of Any discharge in violation of this subchapter, the disposal of accumulated wastes. Such records shall be conditions of the wastewater discharge permit, or any retained for a minimum of three years and shall be other violation of this subchapter, is hereby declared subject to review in accordance with this subchapter. to be a public nuisance. Such nuisance may be abated Approval of proposed facilities or modifications by the or enjoined and damages assessed therefor in City Recorder/Manager will not in any way guarantee accordance with other provisions in the city code or in that these facilities or modifications will function in any other manner provided by law. the required manner or attain the required results, nor (Ord. 05-252, passed 6-9-2005) shall it relieve a permit holder of the responsibility of enlarging or otherwise modifying or replacing such facilities to accomplish the intended purpose pose and Sewer Regulations 29

§ 52.39 HARMFUL CONTRIBUTIONS. (3) Take appropriate remedial or preventive action. (A) The city may suspend the wastewater treatment service and/or a wastewater contribution (B) If the nonresidential connection in permit when suspension is necessary to stop an actual noncompliance fails to comply with the order, the city or threatened discharge that presents or may present an shall take such steps as are deemed necessary or imminent or substantial endangerment to the health or proper including immediate severance of the sewer welfare of persons, to the environment, causes connection. The city shall reinstate the wastewater interference to the POTW or causes the city to violate treatment service upon proof of the elimination of the any condition of its NPDES permit. actual or threatened violation. The filing of an appeal pursuant to this subchapter shall not stay enforcement (B) Any person notified of a suspension of the of the Wastewater Supervisor. wastewater treatment service or the wastewater (Ord. 05-252, passed 6-9-2005) contribution permit shall immediately stop or eliminate the contribution. If a person fails to comply voluntarily with the suspension order, the city may take steps § 52.41 REVOKING A PERMIT AND necessary, including immediate severance of the sewer TERMINATING SERVICE. connection to prevent or minimize damage to the POTW system or endangerment to any individuals. (A) Any nonresidential connection who violates The city shall reinstate the wastewater contribution any of the provisions of this subchapter or the permit and/or the wastewater treatment service upon conditions of its wastewater discharge permit, which proof of the elimination of the noncomplying violation presents an imminent danger to health, discharge. A detailed written statement submitted by property or the environment, or which violation has the permittee describing the causes of the harmful caused or will cause damage to or interference with contribution and the measures taken to prevent any the operation of the city sewerage system, may have future occurrences shall be submitted to the city within its wastewater discharge permit revoked and sewer 15 days of the date of occurrence. connection severed by order of the Wastewater (Ord. 05-252, passed 6-9-2005) Supervisor.

(B) The order shall be signed by the Wastewater § 52.40 CEASE AND DESIST ORDER. Supervisor, and shall specify the nature and source of the violations. The order shall be delivered or sent by (A) In the event of any actual or threatened regular mail to the address of the nonresidential discharge into the city sewerage system in violation of connection as shown on the permit. The order may this subchapter or the conditions of a wastewater specify the corrective actions to be taken and shall discharge permit, which discharge presents an allow reasonable time for satisfactory correction. If imminent or existing danger to the health or welfare of the permit holder does not correct the violation within persons, property or the environment or which has the time specified, or such additional time as may be caused or will cause damage to or interference with the allowed in writing by the Wastewater Supervisor, operation of the city sewerage system, the Wastewater then the wastewater discharge permit shall be revoked Supervisor may issue an order to cease and desist and and the sewer connection severed as provided in the direct that those nonresidential permittees responsible order. Correction of the violation shall not include for such violation: assessment of monetary penalties.

(1) Comply forthwith; (C) The filing of an appeal pursuant to § 52.43 shall stay enforcement of the action by the (2) Comply in accordance with the time Wastewater Supervisor under this division (C) schedule set forth by the City Recorder/Manager; or 30 Lakeside - Public Works

pending final administrative action on the appeal. This § 52.44 DAMAGE. provision supplements and does not restrict other provisions of this code, laws or regulations authorizing Any person who violates this subchapter or a termination of service for delinquency in payments of condition of a wastewater discharge permit, as a fees or charges. result of which the city performs or causes to be (Ord. 05-252, passed 6-9-2005) performed preventive or corrective work or which results in damage to the city sewerage system, shall be liable to the city for such damage and the cost of § 52.42 NOTIFICATION OF VIOLATIONS. such corrective work and/or additional treatment and for any penalties, including the withholding of any The city will send any person who has violated or grant money, levied against the city for violation of is violating this subchapter or their permit, a written state or federal permits resulting from said violation. notice stating the nature of the violation. Within 30 The city may collect such charges in the manner days of the date of the notice, the person shall submit provided in the city code for the collection of sewer to the city a plan for the satisfactory correction of the connection charges, or in any other manner provided violation. by law. (Ord. 05-252, passed 6-9-2005) (Ord. 05-252, passed 6-9-2005)

§ 52.43 APPEALS TO THE CITY COUNCIL. § 52.45 REMEDIES.

Any person aggrieved by the final determination The remedies provided for in this section shall of the Wastewater Supervisor may appeal such be cumulative and not exclusive and shall be in determination to the City Council within ten days of addition to any and all other remedies available to the notification by the Wastewater Supervisor of the final city. determination. Written notification of such appeal shall (Ord. 05-252, passed 6-9-2005) be filed with the city and Wastewater Supervisor within ten days after receipt of the final determination of the Wastewater Supervisor. The notice of appeal § 52.46 EFFECTIVE DATE. shall be on a form provided by the Wastewater Supervisor and shall set forth in reasonable detail the To promote the public health and safety, and to decision or action being appealed and the facts and insure that there is an immediate compliance with an arguments supporting the appellant's request for order of the court, an emergency is declared, and the reversal or modification of the City subchapter shall become effective immediately. Recorder/Manager's determination. The City Council (Ord. 05-252, passed 6-9-2005) shall conduct a hearing on the appeal and shall render a decision thereon within 20 days of its filing. Prior to the hearing, the Wastewater Supervisor shall provide § 52.47 EFFECT OF CODE ON PAST ACTIONS the City Council with his or her findings and AND OBLIGATIONS. recommendations regarding the appeal. Within ten days after the hearing, the Wastewater Supervisor shall Neither the adoption of this subchapter, nor the notify the appellant of the Council's decision. Any repeal or amendments hereby of any ordinance or legal review of this decision shall be by writ of review part or portion of any ordinance of the city, shall in in the County Circuit Court. any manner affect the prosecution for violations of (Ord. 05-252, passed 6-9-2005) ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any bill, license, fee or penalty at the effective date due and unpaid under such ordinance, Sewer Regulations 31

nor be construed as affecting any of the provisions of design, review, inspection and approval as established such ordinances relating to the collection of any such in our on-site sewage disposal rules (O.A.R. Chapter bill, license, fee or penalty, or the penal provisions 340, Division 71 and Chapter 340, Division 73; or applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof ( c) Vacuum sewer collection systems. required to be posted, filed or deposited pursuant to Technical features should conform with any ordinance and all rights and obligations thereunder recommendations in the literature. Administrative appertaining shall continue in full force and effect. requirements for vacuum sewers are similar to those (Ord. 05-252, passed 6-9-2005) listed below for STEP systems.

(B) Types of STEP systems. In a typical STEP system, household sewage is pretreated in a septic REGULATING STEP SYSTEMS FOR PUBLIC tank where gross solids and grease are held back. A SEWERS "clear" effluent from the mid-depth of the tank is conveyed to a common sewer. The effluent is pumped from the septic tank under pressure to a small § 52.60 DESIGN OF SEPTIC TANK EFFLUENT diameter, pressurized collector sewer. Effluent may PUMP OR GRAVITY (STEP/STEG) SEWER also flow by gravity, where terrain allows, to PROJECTS INVOLVING COMMON SEWERS. small-diameter gravity collector lines. This type of STEP system is often called a STEG (septic tank (A) Applicability. These criteria apply to STEP effluent gravity) or STED (septic tank effluent drain) (septic tank effluent pump) units discharging to system to distinguish it from pumped systems; pressurized common sewers and to STEP or STEG however, these guidelines and criteria apply to both. (septic tank effluent gravity-draining) units discharging to small-diameter common collector sewers. (C) Scope. A STEP/STEG system is considered to include all of its components beginning with the (1) Pressurized and small-diameter septic tanks, and ending at the point(s) of discharge collectors have interactive hydraulic effects and solids into a conventional gravity sewer or treatment plant. handling limitations, which warrant a comprehensive Building drains discharging into tanks are regulated engineering design. under the State Plumbing Code, and are not considered part of a STEP system. (2) Approval of these designs, unlike gravity-sewers, has been delegated under O.A.R. (D) Administrative requirements. 340-052-0025. (1) All additions and extensions to existing (3) These criteria do not apply to the STEP (or STEG) systems, as well as new systems, following: are subject to review and approval per O.A.R. 340-052-0005 through 340-052-0050. Submittals (a) Individual or single-dwelling septic should document fulfillment of administrative tank or grinder pump units discharging directly to a requirements by the city. conventional common gravity sewer. Their design, review, inspection and approval are subject to (2) The OWNER is defined as the regulations of the State Building Codes Agency; municipality, sanitary district, private sewage utility or sanitary authority which is responsible for the (b) Tanks discharging to a drain field operation of the system. The property being served is or other on-site disposal system. They are subject to defined as the USER.

(3) Legal title to tanks, pumps or other components transfer to the owner. The objective of 32 Lakeside - Public Works

vesting title in the owner instead of the user is to avoid valves. Equipment should be standardized to reduce potential for cost disputes over equipment selection spares. Inventory shall include, at a minimum: one and repair methods. Having the user "own" title to any spare of each type of pumping unit per 15 customers of the system components may be considered on a served; one spare control panel per 30 customers; one case-by-case basis. spare set of level controls per 30 customers; and one spare effluent screen per 100 customers; (4) Regardless of where title is vested, the owner shall completely control all tanks, pumps, 3. Annual inspection of each service lines and other components of the system on tank and sludge removal every five years, or as private property. This requirement is essential to experience dictates. assure operable hydraulics and overall system reliability. (e) Essential provisions include:

(5) The administrative requirements are: 1. Exclusion of infiltration and inflow, including a ban on connection of non-sewage (a) The city shall maintain ultimate wastewater; responsibility and authority for design, equipment and materials selection, installation, operation and 2. Prohibition of and penalties maintenance of the entire STEP/STEG system for modifications, repairs or tampering by the user; including tanks, controls and other appurtenances on private property; 3. Control of materials and workmanship and construction standards; (b) The city shall possess a recorded general easement or deed restriction to enter the 4. Regulations and procedures private property being served, and to access the system for connection to a STEP/STEG system of new users, and its components. Access must be guaranteed to including signing of easements as a condition of operate, maintain, repair, restore service and remove service; sludge; 5. Regulations for adding new (c) No system shall be operated STEP/STEG systems and extending existing systems without the direct field supervision of a certified to serve new areas, including submittal of plans as operator, in accordance with O.A.R. 340-049. An outlined below; and operations and maintenance manual shall be submitted for review prior to startup. In accordance with O.A.R. 6. Record-keeping for all 340-052, no STEP/STEG system shall be operated installed STEP/STEG tanks shall be kept by address. without an approved manual; (E) Design submittals (technical data). Plans (d) The city shall maintain and operate and specifications shall be submitted for prior STEP/STEG facilities without any interruption, approval in accordance with O.A.R. 340-052. sewage spills on the ground, sewage backup into Submittals shall include: buildings, or other unhealthy conditions. The city shall establish operating procedures and maintain certified ( 1) Engineer's design calculations covering staff to assure: hydraulics and the sizing of STEP/STEG tanks, pumps and lines. System design shall conform with 1. Timely response to outages recommendations published in Manual of Practice and trouble calls; FD-12, Alternative Sewer System. Water Pollution's Control Federation, 1986, and with applicable 2. Adequate spare parts on hand Oregon Administrative Rules; including spare pumps, piping, electrical controls and Sewer Regulations 33

(2) Technical standards and specifications (3) Tanks shall be sized according to flow for STEP systems to be installed, including acceptance per criteria published in O.A.R. 340-071-0116. testing; Minimum tank capacity shall be 1,000 gallons.

(3) Copy of current ordinance allowing use (4) Construction details and configuration of STEP/STEG systems with the cities service area; of tanks shall generally conform with O. A. R. 340-073-0050. All tanks shall feature inlet and outlet (4) Copy of access easement form to be risers with lockable covers. Covers shall be designed signed by user; for H-20 loading in traffic areas. Inlet riser shall be a minimum eight-inch diameter. Outlet risers shall be (5) Engineer's evaluation of hydrogen sized to accommodate and access the equipment sulfide productions from the STEP mainlines and installed, with 24-inch diameter as a minimum. design of control measures to protect gravity sewer Intermediate eight-inch risers will be required on system against corrosion; large tanks over 3,000 gallons.

(6) List of spares and repair materials to be (5) Tanks shall be designed for all supplied to the city to assure reliable operation of the anticipated structural loads, including soil backfill. system; Where vehicle access is allowed, the tank shall be protected with an appropriate structural slab. All (7) Copy of the current approved designs shall be stamped per, 0 .A.R. 340-052. constructions, design and equipment standards that have been adopted by the city; (6) To assure retention of solids and grease ( in the tank, all tanks shall feature a plastic effluent \ (8) For each new system or extension, a screen. Screens shall conform with the standard land use compatibility statement in accordance with published in O.A.R. 340-073-0056. No unscreened O.A.R. 340-018; discharges will be allowed.

(9) A copy of the proposal form or similar (7) Flotation of tanks in areas of high itemized list of quantities involved in the project; and groundwater shall be anticipated in system design. Structural design features and operational procedures (10) The name and address of the owner, shall be employed to prevent flotation. Equalization developer and engineer shall be shown on the plans. of buoyancy through hydrostatic pressure-relief Easements shall also be shown. Blanket easements valves installed in a STEP tank will not be allowed. may be indicated by note. Normally a tank should be filled immediately after installation and, on passing the leakage test, should (F) Tanks and inlet piping. not be pumped down more than three feet there after.

( 1) Single tanks serving multiple lots under (8) Existing septic tanks should be separate ownership will not be allowed. Each removed or abandoned in place. Existing tanks with residence or site must have a separate tank. The rare fully meet the requirements, including leakage test, exception will be considered case-by-case. may be considered for use in the STEP/STEG system; however, to retrofit the effluent screen, flow (2) Systems serving facilities such as RV controls, access risers and other specified features is parks, mobile home parks, apartments and unit usually impractical. developments are under the control of a single customer or responsible association. At the discretion (9) Existing water-tight tanks in good i of the engineer, such systems may be designed with condition may be allowed, on a case-by-case basis, to shared tanks, subject to requirements of the State Plumbing Code. 34 Lakeside - Public Works

remain in service and under the customer's private considered case-by-case for extremely low-head control as pretreatment units discharging to a new tank installations. Grinder pumps are unacceptable for meeting the approved specifications. discharge to STEP systems because of solids and grease. (10) Existing building drains must be replaced and inspected per code. Alternatively, a (3) Pressurized service lines from a STEP cleanout shall be installed adjacent to the building and tank to the common collector sewer shall be minimum the drain shall be tested in accordance with the State one-inch diameter. A shutoff valve (gate, plug or Plumbing Code. Only water-tight drains in good ball) shall be installed in a tamper-proof valve vault condition may be connected to a STEP/STEG tank. at property line. Unless otherwise approved, a swing check valve shall be installed in the same vault, and (11) Pipe connections to tanks shall be made an additional swing check valve shall be installed at with an approved commercial waterstop manufactured the tank outlet. Valves shall be full-port type and for the intended purpose. Field improvised waterstops constructed of non-corrodible materials such as or adapters will not be approved. plastic and stainless steel.

(12) All sewage from the building including (4) Gravity-flow service lines from STEG kitchen, laundry and bath wastes shall be intercepted tanks to small diameter gravity sewers shall be and conveyed to the STEP/STEG tank. minimum two-inch diameter. All service lines shall have a minimum capacity of ten gpm flowing half (13) Prior to startup, tanks shall be full, based on Manning's n = 0.013. Each service smoke-tested to confirm that all connected plumbing is line shall be vented at the upper end. Venting shall be properly vented through external house stacks, in continuous through the tank and building stack. accordance with State Building Code Agency regulations. (H) Pumps and controls.

(G) Pumps and outlet piping. (1) Power is normally furnished by the user. Pump control panels should be energized (1) To maintain the efficiency of the through a dedicated breaker in the building served. specified screen, each individual pump discharge and gravity outlet shall be limited to ten gpm maximum (2) Control panels shall be NEMA-4X with flow rate by means of a flow-control orifice, a locked door. Panels shall be exterior mounted and regardless of influent flowrate or downstream head should be visible to city service personnel from public conditions. Flows exceeding ten gpm tend to blind the right-of-way. Electrical conduits shall be sealed screen over time, requiring them to be cleaned. Flows gas-tight at the tank and the panel. shall generally be controlled between five and ten gpm. (3) Installations shall contain a high-water alarm switch, activating a user-cancelable buzzer and (2) Effluent pumps shall be submersible an alarm light. Access to the light reset button shall turbine pumps and shall generally comply with the be restricted to the cities service personnel. Alarms provisions of O.A.R. 340-073-0055, sized as shall be separately fused so that trip of pump breaker appropriate for head/capacity conditions for the shall not disable alarm. design. Installed pumps shall be capable of passing a 24-hour wet test in constant operations against shutoff ( 4) Pump control panels shall be equipped head. Conventional centrifugal sewage pumps are with elapsed time meters, and may also be equipped usually less satisfactory for STEP system service with event counters at the option of the city. because of their flat characteristic curve, but may be Operational controls shall be HAND/OFF/AUTO. Dual pumping units shall have operator-cancelable automatic alternators and event counters. Sewer Regulations 35

(I) Common pressure sewers. (2) Common pressure sewers:

(1) Common pressure sewer shall be ( a) STEP system designs shall include minimum two-inch diameter PVC or polyethylene effective controls to prevent the development of pressure pipe, installed with toning wire or detachable hydrogen sulfide in flooded service lines, pressure tracer tape. sewers, and flooded sections of small-diameter gravity sewers. (2) Pipe sizing and layout shall generally conform with recommended practices in WFCP (b) Pressure sewers shall be Manual of Practice FD-12, Alternative Sewer Systems, oxygenated by means of air injections into the head Table 2.1 and Chapter 3. (low point) of each common sewer line. End-of-pipe chemical oxidation systems are relatively expensive (3) Isolation valves, flushing connections, and will not usually be approved. vacuum release valves, air release valves and pig launching stations are optional. Such appurtenances (c) Air injection rate shall be two shall be at the discretion of the engineer and the city, scfm per inch diameter. Air supply shall be a subject to O.A.R. 340-052-0025 approval. receiver-mounted compressor rated at the static head on the system at the point of injection. Static head (J) Common small-diameter gravity sewers. shall be computed as the sum of all ascending segments in the line being aerated. (1) Sewers shall be minimum four-inch diameter, installed with tracer tape or toning wire. (d) No automatic air release valves shall be installed. Manual air release valves and (2) Sewers shall be designed to flow half automatic vacuum valves may be installed where full, based on one gpm per dwelling and Manning's n warranted in the judgement of the engineer. = 0.013. Minimal velocities are acceptable; however, low-velocity and flooded sections may require sulfide (e) Air injectors shall be one-inch controls. copper tubing and saddle-mounted corporation stop. Adjacent to the corporation stop, injector piping shall (3) Subject to a four-inch mm1mum contain a suitable check valve, needle valve, airflow diameter, inverted siphons shall be designed to flow at meter with pressure gauge, and an isolation valve and a velocity of 0.5 feet per second or greater, based on pressure reducer at the receiver, along with necessary a Hazen-Williams coefficient of 100. unions and drip legs for condensate. All fittings shall be suitable for air service at the rated pressure of the (4) Cleanouts shall be sealed with a screwed compressor. cap or plug secured under a tamperproof (bolt-down) cover. Cleanout spacing shall be approximately 300 (f) Compressor and injector assembly feet. Conventional open-channel manholes will not be shall be secured in a locked vault. Compressors and allowed except where desired to site a flume for flow vaults should be muffled, silenced and soundproofed. measurement. Compressors may be installed below grade in noise-sensitive areas. Receivers shall be fitted with (K) Sulfide control. automatic drain valves for condensate purge.

(1) Because of corrosion, odor and safety (g) Spare or standby compressors will concerns, STEP discharges into unarmored gravity not be required for STEP systems sewers shall not exceed 0.1 mg/1 hydrogen sulfide content. (h) An approved commercial air­ stripper vented through an activated carbon filter may 36 Lakeside - Public Works

be installed as a polishing process. This process may 5. Eight-inch at 0.02%. be installed prior to discharge into any gravity sewer where odor and safety may be a concern, at the (c) Adverse grades and inverted engineer's or cities discretion. siphons will create flooded sections, and shall be aerated as described above. (i) New sulfide control methods will be considered and evaluated on their merits. (d) Alternatively, the downstream conventional sewer and manholes shall be armored (3) Unflooded sections of common with approved acid-proof coatings for a sufficient small-diameter gravity sewers: development of distance to dissipate the hydrogen sulfide. The hydrogen sulfide in small-diameter sewers is minimal, engineer, depending on sewer turbulence and assuming sufficient fall or grade to provide surface anticipated initial sulfide strength shall determine the turbulence, continuous venting through connected required distance case-by-case. Normally a house stacks, and the absence of flooded sections. In requirement to armor approximately 2,000 feet such systems, sulfide controls maybe limited to should be anticipated. pumped STEP services connected to the sewer. (L) Construction. (a) Pressurized STEP services connected to small-diameter gravity sewers shall be (1) Construction should comply with back-drained between pump cycles to purge the entire applicable provisions of the 1990 Oregon APW A service. A vacuum release valve shall be installed at Standard Specifications for sanitary sewer the high point of the service and a back drainage construction. All mechanical and electrical equipment solenoid valve shall be installed on a tree at the pump should be subjected to performance testing prior to in place of the check valve. Valve shall be one-inch, acceptance by the city. Contractor's and supplier's full port; explosion-proof, wired to close when the warranties must be obtained. pump is on. Vacuum release valve shall be installed in a tamper-proof vault readily accessible to cities service (2) Septic tanks shall be tested personnel. hydrostatically after installation and after all pipe penetrations have been completed. Tanks shall be (b) To assure against sulfide formation filled to a marked point four inches above the base of in slow-moving lines, small-diameter sewers should be the risers. Leakage shall not exceed 50 gallons per sized to flow no more than half-full at average daily day. Existing building drains and vent stacks being flow and to provide at least 0.5 fps velocity when reconnected shall be tested as described above. flowing half-full. Minimum grades should be based on Manning's n = 0.013: (3) All piping shall be pressure tested. Because of shallow burial and the strength of 1. Two-inch at 0.16%; pressure-rated piping, there is often little potential for pipe deflection, and testing for deflection is optional. 2. Three-inch at 0.08%; The engineer and city should determine whether installed piping should be tested for deflection 3. Four-inch at 0.05%; case-by-case, and should specify the design of mandrel to be used. 4. Six-inch at 0.03%; and Sewer Regulations 37

(M) Certification. The engineer (or his or her probable cause to believe that a condition of authorized agent per O.A.R. 340-052-0040) shall nonconformity with a health, public protection or inspect the construction and. on completion, shall safety ordinance, regulation, rule, standard or order certify proper construction in accordance with the exists with respect to the particular location, or an approved plans per O.A.R. 340-052-0025, including investigation is reasonably believed to be necessary in any change orders subsequently approved. order to determine or verify the condition of the (Ord. 08-260, passed 5-8-2008) location. It shall be conclusively deemed to exist if a step system has not been inspected in the last five years. § 52.61 ADMINISTRATIVE SEARCH WARRANTS. (C) Procedure for issuing search warrant.

(A) Authorizing circuit cou,1 judge. The circuit (1) Before issuing any search warrant, the court judge is hereby authorized to issue administrative circuit court judge shall examine under oath the search warrants upon application by the City Attorney, applicant and any other witness and shall be satisfied Building Official, Code Enforcement Officer or Fire of the existence of grounds for granting such Chief, or their duly authorized representatives, acting application. in the course of their official duties, whenever an inspection or investigation of any place is required or (2) If the circuit court judge is satisfied authorized by any municipal ordinance or regulation. that cause for the inspection or investigation exists The warrant is an order authorizing the inspection or and that the other requirements for granting the investigation at a designated location. warrant are satisfied, she or he may issue the warrant, particularly describing the name and title of (B) Grounds for issuance. the person or persons authorized to execute the warrant, the place to be entered and the purpose of (1) A search warrant shall be issued only the inspection or investigation. The warrant shall upon cause, supported by affidavit, particularly contain a direction that it be executed on any day of describing the applicant's status in applying for the the week between the hours of 8:00 a.m. and 6:00 warrant hereunder, the ordinance or regulation p.m., or where the circuit court judge has specially requiring or authorizing the inspection or investigation, determined upon a showing that it cannot be the location to be inspected or investigated, and the effectively executed between those hours, that it be purpose for which the inspection or investigation is to executed at any additional or other time of the day or be made, including the basis upon which cause exists night. to inspect. In addition, the affidavit shall contain either a statement that entry has been sought and refused or (D) Execution of search warrant. facts or circumstances reasonably showing that the purposes of the inspection or investigation might be (1) Except as provided in division (D)(2) frustrated if entry were sought without a warrant. below, in executing a search warrant the person authorized to execute the warrant shall, before entry, (2) Cause shall be deemed to exist if make a reasonable effort to present credentials, reasonable legislative or administrative standards for conducting a routine, periodic or area inspection are satisfied with respect to the location or there is 38 Lakeside - Public Works

authority and purpose to an occupant or person in conviction be punished by a fine of not more than possession of the location designated in the warrant $500 or by imprisonment for not more than 100 days, and show her or him the warrant or a copy thereof or by both: upon request. (a) Violation of §§ 52.01 through (2) In executing a search warrant, the 52.46 or any provision of a wastewater discharge person authorized to execute the warrant need not permit; or inform anyone of his or her authority and purpose, as prescribed in division (D)(l) above, but may promptly (b) Making any false statement, enter the designated location if it is at the time representation or certification in any application, unoccupied or not in the possession of any person or record, report, plan or other document filed or at the time reasonably believed to be in such condition, required to be maintained pursuant to §§ 52.01 but shall orally announce their credentials and through 52.46 or a wastewater discharge permit, or authority to execute the warrant prior to entry. who knowingly falsifies, tampers with or renders inaccurate any monitoring device or method required (3) A peace officer may be requested to under §§ 52.01 through 52.46 or a wastewater assist in the execution of the warrant. discharge permit.

(4) A warrant must be executed and (C) (1) Civil penalties. Any user who violates returned to the circuit court judge by whom it was an order of the circuit court or who willfully or issued within ten days from its date, unless such circuit negligently failed to comply with any provision of court judge before the expiration of such time, by § 52.60, and the orders, rules, regulations and endorsement thereon, extends the time for five days. permits issued hereunder, shall be fined not less than After the expiration of the time prescribed by this $50 or more than $500 for each offense. Each day on division (D), the warrant unless executed is void. which a violation occurs or continues shall be a (Ord. 08-260, passed 5-8-2008) separate offense.

(2) Falsifying information. A person who knowingly makes a false statement, representation or § 52.99 PENALTY. certification in an application, record, report, plan or other document filed or required to be maintained (A) Any person violating any provision of this pursuant to § 52.60 or wastewater contribution chapter for which no specific penalty is prescribed permit, or who falsifies, tampers with, or knowingly shall be subject to § 10.99. renders inaccurate a monitoring device or method required under § 52.60, shall, upon conviction, be (B) (1) Civil penalties. Any person who violates punished by a fine of not more than $500. any provision of §§ 52.01 through 52.46 or any (Ord. 05-252, passed 6-9-2005) provision of a wastewater discharge permit shall be liable civilly to the city in a sum not to exceed $500 for each day in which such violation occurs.

(2) Criminal penalties. Any person who knowingly commits the following offenses shall upon TITLE VII: TRAFFIC CODE

Chapter

70. RECREATIONAL VEHICLES

71. TRAFFIC SCHEDULES

1 2 Lakeside - Traffic Code CHAPTER 70: RECREATIONAL VEHICLES

Section

70.01 Purpose MOTORCYCLE. Has the meaning as defined by 70.02 Definitions the Oregon Vehicle Code, presently at O.R.S. 70.03 Prohibited acts 801. 365, and includes "dirt bikes". 70.04 Exclusion 70.05 Enforcement OPERATION. Includes, but is not limited to, driving riding or otherwise utilizing a motor vehicle 70.99 Penalty while the engine is running. (Ord. 195, passed 9-4-1995)

§ 70.01 PURPOSE. § 70.03 PROIDBITED ACTS.

Except as otherwise provided, this chapter (A) No person shall operate an all-terrain vehicle precludes the operation of all-terrain vehicles, nor any motor vehicle not properly licensed for street motorcycles (including dirt bikes) and other motor operation within the city, except upon property owned vehicles not licensed for street operation on any public by the person. or private property, roadway, alley or right-of-way within the city. (B) No person shall operate a motorcycle, (Ord. 195, passed 9-4-1995) including "dirt bikes", within the city, except upon property owned by that person, unless such motorcycle is properly licensed for street operation. § 70.02 DEFINITIONS. (C) No person shall operate an all-terrain For the purpose of this chapter, the following vehicle, a motorcycle, including "dirt bikes" or any definitions shall apply unless the context clearly other motor vehicle upon any property owned by the indicates or requires a different meaning. city, excepting motor vehicles properly licensed for street use and lawfully operated on public streets, ALLEY. Any roadway or other way of access roadways and alleys. primarily intended to provide access to the rear or side (Ord. 195, passed 9-4-1995) Penalty, see§ 70.99 of lots or buildings.

ALL-TERRAIN VEHICLE. Every class § 70.04 EXCLUSION. all-terrain vehicle as defined by the Oregon Vehicle Code and presently defined in O.R.S. 801.190, (A) The provisions of§ 70.03 do not apply to a 801.193 and 801.194. person operating an all-terrain vehicle, motorcycle or other motor vehicle on private property not owned by MOTOR VEHICLE. A vehicle that is the person; provided, however, that the person has self-propelled or designed for self-propulsion, written permission from the property owner to operate including all-terrain vehicles and motorcycles. such vehicle on the owner's property. The written

3 4 Lakeside - Traffic Code

permission required by this section shall be carried upon the person of the person operating such vehicle at all times while the person operates an all-terrain vehicle, motorcycle or other motor vehicle on the private property of another. Failure to so carry and to present such written permission precludes the application of this section. (Ord. 195, passed 9-4-1995)

§ 70.05 ENFORCEMENT.

This chapter may be enforced by the state police and by the County Sheriff's office. (Ord. 195, passed 9-4-1995)

§ 70.99 PENALTY.

Persons violating § 70.03 shall be subject to a fine not exceeding $200 for each violation. Such fines are payable to the city. (Ord. 195, passed 9-4-1995) CHAPTER 71: TRAFFIC SCHEDULES

Schedule

I. Vehicle weight; truck routes

SCHEDULE I. VEHICLE WEIGHT; TRUCK ROUTES.

(A) Truck routes. Except as authorized by terms of permits issued or resolutions adopted by the City Council as hereinafter set forth, it shall be unlawful for any person, firm or corporation to use, drive or operate any vehicle weighing 19,000 pounds or more upon any street in the city, except the following streets and avenues which are hereby designated as city truck route streets:

Street/Road Location

Airport Way From North Eighth Street, west to Highway 101

Eighth Street From Hilltop Drive, north to Highway 101

Hilltop Drive From Eighth Street, west to the city limits

North Lake Road From North Eighth Street, east to the city limits

North Tenth Railroad A venue to North Lake Road

Railroad A venue Twelfth to Tenth Streets

South Thirteenth Street

Twelfth Street North and south of North Lake Road

(B) Unlawful. It shall be unlawful to operate any track mounted or metal wheeled vehicle on any city street without a permit. See the penalty in division (I) below.

(C) Exemptions. Any such motor vehicle, truck, trailer or other vehicle if used for the specific purpose of picking up or discharging no more than two loads per day at any retail business establishment or residence located on other than the above named streets or avenues, or any such vehicle being driven to the driver's residence for the purpose of parking overnight, shall be exempt from the provisions of this schedule, provided:

(1) Such vehicle will be completely off the roadway;

(2) Does not constitute a menace to traffic;

(3) Can be moved from the parking area safely and without impeding traffic;

5 6 Lakeside - Traffic Code

(4) Does not block access to adjacent property, including mail boxes;

(5) Does not remain parked there for more than 36 hours in any 48-hour period, starting from the time the vehicle is first parked.

(D) Regulations set by City Council. The City Council may, by resolution or permit, allow the operation over said street, or sections thereof, of any vehicle or combination of vehicles, including any loads thereon, having a gross vehicle or combination of vehicles weight in excess of 19,000 pounds, when it appears to the City Council, that the public, the street and street facilities will not be endangered thereby. The City Council shall make and set forth in any such resolution or permit such regulations as are in its opinion necessary to prevent damaging said street facilities and to protect the public welfare.

(E) Fees; permit requirements.

( 1) Fees shall be assessed for street use permits issued pursuant to this schedule in accordance with the provisions below and in the dollar amount set forth in division (K) below.

(2) For the purpose of issuing permits each year shall be divided into two parts. The first part, called the "Dry Season", shall include the period May 1 through October 31. The second part, called the "Wet Season", shall include the period November 1 through April 30. No permit shall be issued for more than one season at a time. The fee for "Wet Season" permits shall be twice the fee for comparable "Dry Season" permits (refer to the table in division (K) below).

(3) Permits shall be issued for one of the following durations:

(a) One day;

(b) Two to seven days;

(c) Eight to 14 days;

(d) Fifteen to 30 days;

(e) Thirty-one to 60 days;

(f) Sixty-one to 90 days; or

(g) Ninety-one to 180 days.

(4) Permits shall contain the name and address of the permittee, name of the street or streets of authorized use, duration of the permit, any speed limit restrictions, the number of authorized trips per day and the time of day during which the roads may be used under said permit, name and address of the insurance company, and the season of permit.

(5) Before commencing any usage of any street under a permit, the permittee shall furnish proof of existing insurance coverage, insuring permittee for public liability in a sum not less than $100,000 and property damage in a sum not less than $50,000. Traffic Schedules 7

( 6) The requirement, if the street is not paved and the duration exceeds 14 days and the number of trips per day exceeds nine, is that the street(s) must be paved to city standards, by the potential user, before the permit is issued. The paving shall be considered total payment for up to 180 days of unlimited use.

(F) Government and emergency vehicles or equipment. The provisions of this schedule do not apply to any vehicle, combination of vehicles, article, machine or other equipment while being used by the federal government, the state, the county, special districts or the city in the construction, maintenance or repair of said street, and at the immediate location or site of such construction, maintenance and repair. Said provision shall likewise not apply to any emergency vehicles operated within the city nor to any vehicle operated by any franchisee of the city while engaging in the purposes of the franchise.

(G) Liability. Any owner and driver or chauffeur of any vehicle or combination of vehicles using said street in violation of this schedule shall be jointly and severally liable to the city for all damage done to said street or street facilities as a result on the violation.

(H) Prima facie evidence. The operation of any vehicle or combination of vehicles in violation of this schedule is prima facie evidence that the owner of such vehicle or combination of vehicles caused or permitted it to be so operated.

(I) Penalty,· revocation.

(1) The penalty for not obtaining a proper permit shall be payment of twice the regular fee and the city shall have the authority to shut down any operation until all fees are paid.

(2) Not obtaining a proper permit means operating without one or exceeding the number of trips per day or duration of the permit.

(3) A permit may be revoked by the city upon any violation of the permit, in lieu of a monetary penalty, or upon giving written notice to the permittee at least ten days prior to the date of revocation.

(4) Revocation for other than a violation will result in a refund for the unused part of the permit.

(J) Signs. The City Council shall cause to be posted at all entrances to the city signs stating "LOAD LIMIT 19,000 ON ALL STREETS EXCEPT TRUCK ROUTES". The city shall cause to be posted at all junctions of designated truck routes the direction of said truck routes.

(K) Number of daily trips.

Number of Daily Trips

Duration in Days Ito 3 4 to 9 10 to 19 20 or more

1 $10 $40 $60 $80 2-7 $40 $140 $200 $260 8-14 $100 $300 $400 $500 15-30 $400 $600 $800 $1,000 8 Lakeside - Traffic Code

Number of Daily Trips

Duration in Days Ito 3 4to 9 10 to 19 20 or more

31-60 $700 $1,020 $1,400 $1,720

61-90 $1,000 $1,500 $2,000 $2,500

91-180 $1,400 $2,100 $2,800 $3,500

If street is not paved, it is to be paved when duration exceeds 14 days and trips exceed 9 per day.

Note: Wet season permit fees (November 1 through April 30) shall be twice the above listed dry season permit fees (May 1 through October 31).

(Ord. 103, passed 5-16-1985; Ord. 223, passed 10-8-1998)

/ TITLE IX: GENERAL REGULATIONS

Chapter

90. ANIMALS

91. ABANDONED/DISABLED VEIDCLES

92. CITY CEMETERY

93. NUISANCES

94. STREETS AND SIDEWALKS

1

I 2 Lakeside - General Regulations CHAPTER 90: ANIMALS

Section

90.01 Purpose KEEP. To have physical custody, to otherwise 90.02 Definitions exercise dominion and control, or to have the right to 90.03 Keeping of certain animals prohibited exercise dominion and control. 90.04 Declaration of public nuisance WILD ANIMAL. Antelope, bears, cougar, deer, elk, moose, mountain goats, bighorn sheep, and any § 90.01 PURPOSE. other species of animal, whether or not indigenous to the state, which is not usually domesticated, regardless The purpose of this chapter is to prohibit the of docility and regardless of the familiarity of the keeping of dangerous, exotic and wild animals within individual animal with humans. the corporate boundaries of the city. (Ord. 230, passed 2-9-2000) (Ord. 230, passed 2-9-2000)

§ 90.03 KEEPING OF CERTAIN ANIMALS § 90.02 DEFINITIONS. PROIDBITED.

For the purpose of this chapter, the following No person, organization or other legal entity shall definitions shall apply unless the context clearly keep any exotic animal, dangerous animal or wild indicates or requires a different meaning. animal within the corporate boundaries of the city, except as part of a recognized circus. DANGEROUS ANIMAL. Alligator, crocodile, (Ord. 230, passed 2-9-2000) Penalty, see § 10.99 poisonous reptiles and constricting snakes over five feet in length. § 90.04 DECLARATION OF PUBLIC EXOTIC ANIMAL. NUISANCE.

(1) Any lion, tiger, leopard, cheetah, The keeping of any dangerous animal, exotic ocelot, cougar, bobcat, lynx and any other cat except animal or wild animal in violation of§ 90.03 shall be the species Pelis Catus (domestic cat); a public nuisance. The provisions of §§ 93.07 and 93.08 shall apply to abatement of violations of this (2) Any monkey, ape, gorilla or other chapter. nonhuman primate; (Ord. 230, passed 2-9-2000) Penalty, see§ 10.99

(3) Any wolf, coyote, hyena, dingo or other canine, except the species Canis Familiaris (domestic dog); and

(4) Any bear.

3 4 Lakeside - General Regulations CHAPTER 91: ABANDONED/DISABLED VEHICLES

Section

91.01 Purposes upon any public roadway, alley, right-of-way or other 91.02 Definitions public property within the city for more than 24 91.03 Prohibited acts consecutive hours. 91.04 Removal of vehicles 91.05 Procedure to remove vehicles ROADWAY. Any portion of any public way that 91.06 Hearings is improved, designed or ordinarily used for vehicular 91.07 Enforcement traffic and including the attending street right-of-way.

STORAGE. Failure to permanently remove any § 91.01 PURPOSES. vehicle from any public roadway, alley, right-of-way or other public property after 72 consecutive hours. This chapter authorizes the removal of disabled and abandoned vehicles from public property, VEHICLE. Any device in, upon or by which roadways, alleys and rights-of-way located within the any person or property is or may be transported or city and precludes storage of vehicles on all public drawn upon a roadway and includes trailers and property, roadways, rights-of-way and alleys located vehicles that are propelled or powered by any means, within the city. and includes motor vehicles as defined by the State (Ord. 196, passed 9-12-1995) Vehicle Code. (Ord. 196, passed 9-12-1995)

§ 91.02 DEFINITIONS. § 91.03 PROHIBITED ACTS. For the purpose of this chapter, the following definitions shall apply unless the context clearly (A) No vehicle shall be abandoned within the indicates or requires a different meaning. city, on any public roadway, alley, right-of-way or other public property. ABANDONED VEHICLE. Any vehicle left, parked or placed upon any public roadway, (B) No disabled vehicle shall be left, placed or right-of-way or other public property within the city parked upon any public roadway, alley, right-of-way for more than 72 hours without its removal within that or other public property within the city, for more than time. 24 consecutive hours.

ALLEY. Any pubic roadway or other way of (C) No vehicle shall be stored on any public access primarily intended to provide access to the rear roadway, alley, right-of-way or other public property or side of lots or buildings. within the city. (Ord. 196, passed 9-12-1995) Penalty, see§ 10.99 DISABLED VEHICLE. Any temporarily or permanently inoperable vehicle left, placed, parked

5 6 Lakeside - General Regulations

§ 91.04 REMOVAL OF VEIDCLES. (D) All removal and storage costs shall be the responsibility of the vehicle owner, lessor or security The city may take custody of, remove or interest holder. authorize removal of vehicles under the following (Ord. 196, passed 9-12-1995) circumstances:

(A) Abandoned, disabled and stored vehicles § 91.05 PROCEDURE TO REMOVE VEIDCLES. may be removed: The city may remove or cause the removal of (1) If the city has reason to believe the vehicles in accordance with the following procedures. vehicle is abandoned, disabled or stored; and (A) Abandoned and stored vehicles. (2) If the vehicle has been parked, left or standing upon any public roadway, alley, right-of-way (1) Before removal, the city shall provide or other public property for a period in excess of 72 written notice to the owners of the vehicle, and to any hours in the case of a stored or abandoned vehicle, or lessors or security interest holders having an interest 24 hours in the case of a disabled vehicle. in the vehicle that are listed in the records of the Department of Transportation, and an explanation of (B) Vehicles constituting hazard or obstruction procedures available for obtaining a hearing under may be removed: O.R.S. 819.190.

(1) If the city has reason to believe that a (2) Notice shall be given by both the vehicle disabled, parked, abandoned, stored or left following methods: unattended on a public roadway, alley, right-of-way or other public property is in such a location as to (a) By affixing the notice to the constitute a hazard or obstruction to motor vehicle vehicle; and traffic; (b) By mailing the notice by both first (2) As used in this section, a hazard or class and certified mail, at least three days before obstruction includes, but is not necessarily limited to, removing the vehicle, with the required information to any vehicle that is parked, left or standing so that any the owners and to any lessors or security interest part of the vehicle extends within the paved portion of holders at the address shown by the records of the a vehicular travel lane or bicycle lane; or Department of Transportation. The three-day period under this division (A)(2)(b) does not include (3) As used in this section, a hazard or holidays, Saturdays or Sundays. obstruction does not include parking in a designated parking area along a roadway or parking temporarily (3) The notice shall state all of the on the shoulder of a roadway as indicated by a short following: passage of time and by operation of the hazard lights of the vehicle, the raised hood of the vehicle, or (a) That the vehicle will be subject to advance warning with emergency flares or emergency being taken into custody and removed by the city if it signs. is not removed after a stated date not less than six days from the date of the notice; (C) The authority to take custody of and remove vehicles under any provisions of this section is in (b) The ordinance violated by the addition to all other provisions of this section. vehicle and under which it will be removed; Abandoned/Disabled Vehicles 7

(c) The place where the vehicle will be (b) The 48-hour period under this held in custody or the telephone number and address division (B)(2) does not include weekends or holidays. of the city representative who will provide information; (3) The notice given under this section after a vehicle is taken into custody and removed shall state (d) The vehicle, if taken into custody all of the following: and removed will be subject to towing and storage charges and that a lien will attach to the vehicle and its (a) That the vehicle has been taken contents; into custody and removed by the city and the ordinance under which the vehicle has been taken into (e) The vehicle will be sold to satisfy custody and removed; the costs of towing and storage if those charges are not paid; (b) The location of the vehicle or the telephone number and address of the city official that (f) The owner, possessor or person will provide the information; having an interest in the vehicle is entitled to a hearing before the vehicle is impounded, to contest the (c) The vehicle is subject to towing proposed custody and removal if a hearing is and storage charges, the amount of charges that have requested within five days, not including holidays and accrued to the date of the notice and the daily storage weekends, from the mailing date of the notice; charges;

(g) The owner, possessor or person (d) The vehicle and its contents are having an interest in the vehicle may challenge the subject to a lien for payment of the towing and storage reasonableness of any towing and storage charges at charges and that the vehicle and its contents will be the hearing; and sold to cover the charges if the charges are not paid by a date no earlier than six days following the mailing of (h) The date by which the hearing the notice; must be requested and that the hearing must be requested in writing received by that date. (e) The owner, possessor or person having an interest in the vehicle and its contents is (B) Vehicles posing hazard or obstruction. entitled to a prompt hearing to contest the validity of taking the vehicle into custody and removing it and to (1) In the case of vehicles posing a hazard contest the reasonableness of the charges for towing or obstruction, the city may immediately take the and storage if a hearing is timely requested; vehicle into custody and remove or cause removal of the vehicle. (f) The date by which a hearing must be requested in writing and the method for requesting (2) Within 48 hours of removal the city such hearing; and shall send, by certified mail, written notice with an explanation of procedures for obtaining a hearing (g) The vehicle and its contents may be under O.R.S. 819.190 to owners of the vehicle and to immediately reclaimed by presentation to the City any lessors or security interest holders as shown in the Recorder/Manager of satisfactory proof of ownership Department of Transportation records. or right to possession and either payment of the towing and storage charges or the deposit of cash (a) The notice shall state that the security or a bond equal to the charges with the City vehicle has been taken into custody and shall give the Recorder/Manager. location of the vehicle and describe procedures for (Ord. 196, passed 9-12-1995) release of the vehicle and for obtaining a hearing. 8 Lakeside - General Regulations

§ 91.06 HEARINGS.

All hearings held pursuant to § 91.05 shall be held according to the provisions of O. R. S. 819 .190 and with like effect. (Ord. 196, passed 9-12-1995)

§ 91.07 ENFORCEMENT.

This chapter may be enforced by the state police or by the County Sheriff's office. (Ord. 196, passed 9-12-1995) CHAPTER 92: CITY CEMETERY

Section

92.01 Records opening and closing graves, and will provide the city 92.02 City Recorder/Manager duties with a waiver of responsibility. 92.03 Burial costs (Ord. 166, passed 4-14-1994) 92.04 Selection of plots 92.05 Cemetery regulations § 92.04 SELECTION OF PLOTS. 92. 99 Penalty The city may require burials to be made in uniform rows, but interested parties may choose the exact plot. § 92.01 RECORDS. (Ord. 166, passed 4-14-1994)

(A) The city will keep appropriate records of burials in Lakeside Cemetery beginning with January § 92.05 CEMETERY REGULATIONS. 1, 1990. (A) The business hours of operation of the (B) State forms will be maintained as required. cemetery shall be from 8:00 a.m. to 5:00 p.m., weekdays. In cases where death necessitates (C) A bound ledger shall list all burials discussion of burial on weekends, the Mayor and one beginning on January 1, 1990 in chronological order. City Council person are designated assistant sextons. (Ord. 166, passed 4-14-1994) (B) No person shall be in the cemetery in the hours it is closed, except on lawful business. § 92.02 CITY RECORDER/MANAGER DUTIES. (C) Motor vehicles attending a burial may be The City Recorder/Manager shall be the sexton within the boundaries, as may vehicles on lawful and maintain lists of burials and provide appropriate business. All other vehicles are forbidden. documentation of burials as required. The records of (Ord. 166, passed 4-14-1994) Penalty, see § 92.99 Lakeside Cemetery shall be kept at Lakeside City Hall, 915 North Lake Avenue, and will be available for inspection during normal business hours. (Ord. 166, passed 4-14-1994) § 92.99 PENALTY.

Violation of this chapter is punishable by a fine § 92.03 BURIAL COSTS. not to exceed $ 100. (Ord. 166, passed 4-14-1994) Parties wishing to have a body buried in the Lakeside Cemetery are responsible for costs of

9 10 Lakeside - General Regulations CHAPTER 93: NUISANCES

Section

93,01 Definitions wrecked, dismantled or partially dismantled. It also 93,02 Animals means unassembled or partially assembled vehicle 93,03 Nuisances affecting public health parts, including, but not limited to, tires, batteries, 93.04 Nuisances affecting public safety engines, transmissions, vehicle bodies and frames. 93.05 Nuisances affecting public peace 93.06 Non-enumerated nuisances NOISE SENSITIVE UNIT. Any building 93.07 Abatement procedure or portion thereof, vehicle, boat or other structure 93.08 Abatement by the person responsible adapted or used for the overnight accommodation of 93.09 Joint responsibility persons, including, but not limited to, individual 93.10 Abatement by the city residential units, individual apartments, trailers, 93.11 Assessment of costs hospitals and nursing homes. 93.12 Summary abatement NUISANCE. An unlawful act, an omission 93.99 Penalty to perform a duty, or suffering or permitting any condition or thing to be or exist, which either:

(a) Injures or endangers the welfare, § 93.01 DEFINITIONS. health or safety of others;

(A) For the purpose of this chapter, the (b) Offends decency; following definitions shall apply unless the context clearly indicates or requires a different meaning. (c) Creates offensive odors;

DISMANTLED. Inoperative without the (d) Unlawfully interferes with, addition or application of vital parts or mechanisms obstructs or tends to obstruct or renders dangerous for and the application of a substantial amount of labor to passage any public or private street, highway, effect repairs. sidewalk, stream·, ditch or drainage;

ENFORCING OFFICER. The person (e) In any way renders other persons authorized by the City Recorder/Manager to enforce insecure in life or the use of property; or nuisance abatement provisions. This shall include, but not be limited to, any compliance officer, police ( f) Essentially interferes with the officer and Fire Marshal. comfortable enjoyment of life and property, or tends to depreciate the value of the property of others. NEGLECTED OR DISCARDED VEHICLE. A vehicle, motorcycle or all-terrain OBNOXIOUS VEGETATION. vehicle (A TV) that is or appears to be inoperative, (a) Includes:

11 12 Lakeside - General Regulations

1. Weeds, grass or legumes comprehension of whether a voice is raised or normal, above the height of ten inches. It does not include or comprehensive musical rhythms. decorative grasses; PUBLIC PLACE. A building, way, place 2. Poison Oak or Poison Ivy and or accommodation, publicly or privately owned, open Scotch broom; and available to the general public.

3. Vegetation or blackberry vines RODENT HABITAT. Any condition which or bushes that are a fire hazard because they are near attracts or is likely to attract, feed or harbor rats or combustibles; extend into a public way; or are used mice; this applies to, but is not limited in application for habitation of trespassers; and to, any building or other structure or part thereof which is not rodent-proof and is used to store or keep 4. Vegetation which is a vision any substance on which rats or mice feed, or rubbish obstruction. or other loose material that might serve as a harbor for rats or mice. (b) OBNOXIOUS VEGETATION does not include vegetation that constitutes agricultural crops, RODENT-PROOF. Any building, structure unless the vegetation is a health hazard, fire hazard or or part thereof is rodent-proof when it is constructed traffic hazard within the meaning of this chapter. It of concrete; metal or some equally impermeable does not include natural areas of vegetation designated material and in a manner that excludes rats and mice in their natural state that do not constitute a fire hazard therefrom. as determined by the Fire Chief. SOUND-PRODUCING DEVICE. Includes, PERSON. A natural person, firm, but is not limited to: partnership, association or corporation. (a) Loudspeakers, public address PERSON IN CHARGE OF PROPERTY. systems; An agent, occupant, lessee, tenant, contract purchaser or other person having possession or control of (b) Radios, tape recorders and/or tape property or supervision of a construction project. players, phonographs, television sets, mobile musical devices such as iPods, stereo systems, including those PERSON RESPONSIBLE. The person installed in a vehicle; responsible for abating a nuisance means any and all of the following: ( c) Musical instruments, amplified or unamplified; (a) The owner of the property; (d) Sirens, bells or steam whistles (b) The person in charge of the attached to a stationary device; property, as defined in this section; and/or ( e) Vehicle engines or exhausts ( c) The person who caused a nuisance, discharging into open air, when the vehicle is not on as defined in this chapter or another ordinance of the a public right-of-way, particularly when the engine is city, to come into or continue in existence. operated above idling speed;

PLAINLY AUDIBLE SOUND. Any sound (f) Vehicle tires, when caused to that is clearly distinguishable from other sounds, such squeal by excessive speed or acceleration; as, but not limited to, sound for which the information content of that sound is unambiguously communicated (g) Domestic tools, including electric to the listener, understandable spoken speech, drills, chainsaws, lawn mowers, leaf blowers, electric Nuisances 13

saws, hammers and similar tools, but only between (C) Animals at large. Except for household pets, 10:00 p.m. and 7:00 a.m. of the following day; or other than dogs, no owner or person in charge of an animal shall permit the animal to wander freely and (h) Heat pumps, air conditioning units unattended so that the animal is likely to cause a and refrigeration units, including those mounted on nuisance to other persons or property. RUNNING AT vehicles. LARGE does not include the use of a dog under supervision of a person in order to legally hunt, chase UNOCCUPIED OR UNSECURED or tree wildlife; or control or protect livestock, or a BUILDING. A building or structure that is not being dog in field training, or a dog in an area designated as used for lawful occupancy and/or lack of secure a dog-off-leash area, unless the dog causes personal means of ingress and egress, thus allowing for injury or property damage off the premises of the occupancy or use of a building or structure by owners. unauthorized persons. (1) A dog is a public nuisance if it: VEHICLE. A device in or by which a person or property is or may be transported or drawn (a) Bites a person, except as provided upon a public highway, excluding a device moved by in division (C)(3) below; human power or used exclusively upon station rails or tracks, and including, but not limited to, a vehicle (b) Chases vehicles or persons; body, engine, transmission, frame or other major part. Includes automobiles, motorcycles, motorbikes, (c) Damages or destroys property of trucks, buses and snowmobiles. persons other than the owner of the dog;

(B) The nuisances described in this chapter are (d) Scatters garbage; considered to be nuisances affecting the public and shall be abated pursuant to§§ 93.02 through 93 .12. In (e) Trespasses on private property of addition to the abatement costs, which may be charged persons other than the owner of the dog; against the property as described herein, persons responsible may also be charged with an offense or (f) Is a female in heat, running at fine. large; (Ord. 14-279, passed 6-12-2014) (g) Injures or kills an animal or fowl belonging to a person other than the owner or § 93,02 ANIMALS. custodian of the dog; or

(A) Removal of carcasses. No person shall (h) Is soiling, defiling or defecating on permit an animal carcass owned or controlled by that any public property, including, but not limited to, person to remain upon public property, or to be streets, sidewalks; parks, paths or upon any private exposed on private property, for a period of time property without permission of the owner of that longer than is reasonably necessary to remove or property. dispose of the carcass. A reasonable period of time includes an amount of time up to the carcass creating (2) Any person owning or in charge of the an odor nuisance, the contamination of waterways, or dog shall be in violation of this chapter unless the health hazard to any person or surrounding property. person immediately removes and disposes of all feces deposited by the dog in a sanitary manner. (B) License required. A dog shall be licensed according to county animal control regulations, and no (3) A dog shall not be considered a public person shall own or have custody of a dog within the nuisance if the dog bites a person wrongfully city which is not licensed. assaulting the dog or the dog's owner, or if the dog 14 Lakeside - General Regulations

bites a person trespassing upon the premises occupied (6) No person shall fail to surrender an by the dog's owner after being provoked by that animal to a person identifiable as a police officer or person. Code Compliance Officer upon demand, so that the animal can be impounded or quarantined. (D) Impoundment of animals. Animals at large may be disposed of in accordance with procedures (E) Continuous annoyance. No person shall provided by the city for the impoundment of dogs as permit any animal to cause annoyance, alarm or noise implied herein. disturbance for more than 15 continuous minutes at any time of the day or night, be it repeated barking, (1) Any police officer may impound an whining, screeching, crowing, howling, braying or animal that is in violation of this chapter if they have other like sounds produced by the animal which can probable cause to believe that the animal is potentially be heard beyond the boundary of the owner's dangerous. The officer shall hold the animal until a property. hearing is held or until the animal is reclaimed or disposed of. (F) Animal abandonment. A person commits the offense of animal abandonment if the person leaves a (2) If any police officer has probable cause domesticated animal at a location without providing to believe that any animal in an unoccupied vehicle for the animal's continued care. It is no defense to the may be in danger of dying, they may enter the vehicle offense defined in division (E) above that the and impound the animal and leave notice in the vehicle defendant abandoned the animal at or near an animal where the animal may be reclaimed. shelter, veterinary clinic or other place of shelter if the defendant did not make reasonable arrangements for (3) If there is probable cause to believe any the care of the animal. animal is subjected to abuse or mistreatment, after obtaining a search warrant in the manner prescribed (G) Forfeiture of rights. In addition to, and not by law, a police officer may enter the premises where in lieu of, any other penalty it may impose, the the animal is being held and impound such animal. If municipal court may require defendant convicted after reasonable search the owner or person having under division (E) above to forfeit any rights in the custody cannot be found and notified of impoundment, animal subject to abuse, neglect or abandonment, and such notice shall be sent certified mail to the address, to repay the reasonable costs incurred by any person if any, at which the animal was impounded. or agency prior to judgment in caring for each animal subjected to abuse, neglect or abandonment. Also, (4) Any sick or injured animal found by a when the court orders the defendant's rights in the police officer or animal control officer off the animal to be forfeited, the court may further order premises of the owner may be delivered to its owner. those rights be given over to the animal regulation Any such animal for which the owner is either authority for further disposition. A transfer of rights unknown or cannot be reached, after reasonable under this division (G) constitutes a transfer of attempts to do so, shall be delivered by the animal ownership. control officer to a veterinarian for medical treatment (Ord. 14-279, passed 6-12-2014) Penalty, see in accordance with state and county regulations. § 93.99

(5) Any police officer or animal control officer may humanely destroy a domestic pet or other § 93.03 NUISANCES AFFECTING PUBLIC domestic animal that is too severely injured to move to HEALTH. impound and is not on the property of its owner, when the owner is either unknown or cannot be reached (A) No person shall cause or permit a nuisance after reasonable attempts to do so. affecting public health on property owned or controlled by the person. Nuisances 15

(B) The following are nuisances affecting public § 93.04 NUISANCES AFFECTING PUBLIC health and may be abated as provided in this chapter: SAFETY.

(1) Open vaults or privies constructed and (A) Creating a hazard. No person shall create a maintained within the city, except those constructed or hazard by: maintained in connection with construction projects in accordance with State Department of Environmental (1) Maintaining or leaving, in a place Quality regulations; accessible to children, a container with a compartment of more than one and one-half cubic feet capacity and (2) Drainage of liquid wastes from private with a door or lid that locks or fastens automatically premises; when closed and that cannot be easily opened from the inside. This includes refrigerators, freezers, dryers or (3) Cesspools or septic tanks that are in an any other similar appliance (this does not include unsanitary condition or that cause an offensive odor or iceboxes, refrigerators or other containers offered for are not connected to the public sewer system; sale by commercial establishments, provided that the same are kept within enclosures from which children (4) Premises that are in such a state or are excluded at all times except during business condition as to cause an offensive odor or that are in hours); unsanitary condition; (2) Being the owner or otherwise having (5) Decayed or unwholesome food offered possession of property on which there is a well, for human consumption; cistern, cesspool, excavation or other hole of a depth four feet or more, and top width of 12 inches or more (6) Pollution of a body of water, well, and failing to cover or fence it with a suitable spring, stream or drainage ditch by sewage, industrial protective construction; or waste, oils, grease, petroleum or other substances placed in or near the water in a manner that will cause (3) Being the owner of any refuse, harmful material to pollute the water; abandoned inoperable materials or furniture which allows for children to be on or near that may break, (7) Stagnant water that affords a breeding tear apart or fail on them. place for mosquitoes and other insect pests; (B) Attractive nuisance. No owner or person in (8) Accumulations of debris, rubbish, charge of property shall permit on the property: manure and other refuse that are not removed within a reasonable time and that affect the health of the city; (1) Unguarded machinery, equipment or other devices that are attractive, dangerous and (9) Indoor or outdoor burning of any accessible to children; or material which causes offensive odor or is unsanitary. No person responsible shall burn in woodstoves or (2) Lumber, logs or piling placed or stored fireplaces any household waste, garbage, plastic, in a manner so as to be attractive, dangerous and styrofoam or other noxious material; or accessible to children.

(10) Drainage of animal feces off of private (C) Suiface waters, drainage. No owner or property. person responsible or in charge of a building or (Ord. 14-279, passed 6-12-2014) Penalty, see structure shall permit rainwater, ice or snow to fall § 93.99 from the building or structure onto a street or public sidewalk or to flow across the sidewalk. The owner or 16 Lakeside - General Regulations

person in charge or property shall install, and maintain unsightly, from becoming a fire hazard, or in the case in a proper state of repair, adequate drainpipes or a of weeds or other obnoxious vegetation, from drainage system, so that overflow water accumulating maturing or from going to seed. on the roof or about the building is not carried across or on the sidewalk. (2) Between April and May 15 of each year, the City Recorder/Manager may cause to be (D) Snow and ice. published two times in a newspaper of general circulation in the city a copy of division (E)(l) above (1) No owner or person in charge of as a notice to all owners and persons in charge of property, improved or unimproved, abutting on a property of the duty to keep their property free from public sidewalk shall permit: obnoxious vegetation. The notice shall state that the city is willing to abate the nuisance on a particular (a) Snow to remain on the sidewalk for parcel of property at the request of the owner or a period longer than the first 24 hours after the snow person in charge of the property for a fee sufficient to has fallen; or cover the city's abatement costs. The notice shall also state that, even in the absence of such requests, the (b) Ice to remain on the sidewalk for city intends to abate all such nuisances ten or more more than two hours of daylight after the ice has days after the final publication of the notice and to formed, unless the ice is covered with sand, ashes or charge the cost of doing so on a particular parcel of other suitable material to assure reasonably safe property to the owner or the person in charge of the travel. property, or the property itself.

(2) Any person injured due to the failure of (3) If the notice provided for in division an owner or person in charge of property to clear (E)(2) above is used, it shall be in lieu of the notice snow or ice from the sidewalk as required by this required by § 93. 07. section shall have the right of action against such owner or person in charge of the property for (F) Scattering rubbish. No person shall deposit, damages. Such right of action is in lieu of any action on a public or a private property, rubbish, trash, against the city. In the event any action is filed against debris, refuse or any substance that would mar the the city, the city shall have a right to indemnify from appearance, create a stench or fire hazard, detract the owner or person in charge of the property for from the cleanliness or safety of the property or would failure to comply with this section. The indemnity be likely to injure a person, animal or vehicle shall include not only damages awarded to the person traveling on a public right-of-way. injured but also all fees, costs and expenses in defending the action and the costs and fees for (G) Trees. No owner or person in charge of bringing an indemnity action. property that abuts on a street or public sidewalk shall permit trees or bushes on the property to interfere (E) Obnoxious vegetation. with the street or sidewalk traffic. An owner or person in charge of the property that abuts on a street or (1) Between May 15 and September 30 of sidewalk shall keep all trees and bushes on the any year, no owner or person in charge of property premises, including the adjoining parking strip, shall allow obnoxious vegetation to be on property or trimmed to a height of not less than eight feet above in the right-of-way of a public thoroughfare abutting the sidewalk and not less than ten feet above the on the property. An owner or person in charge of roadway. property shall cut down or destroy grass, shrubbery, brush, bushes, weeds or other obnoxious vegetation as (1) No owner or person in charge of often as needed to prevent them from becoming property shall allow a dead or decaying tree to stand Nuisances 17

if it is a hazard to the public or to person(s) or this section shall be done in accordance with the property on or near the property. provisions of division (C) below.

(2) No owner or person in charge of (C) Abandoned vehicles. No person shall park, property that abuts on a street or public sidewalk shall store, leave or permit the parking, storing or leaving allow roots of a tree to interfere with the street or of an abandoned vehicle, including motor vehicle, sidewalk. upon private property, or upon public property, (Ord. 14-279, passed 6-12-2014) Penalty, see including a public right-of-way. For purposes of this § 93.99 section, refer to definitions in § 93.01.

(1) For purposes of this section, a vehicle § 93.05 NUISANCES AFFECTING PUBLIC is considered to be an ABANDONED VEHICLE if it PEACE. satisfies one of the following criteria:

(A) Radio and television interference. No person (a) The vehicle is not currently shall operate or use an electrical, mechanical or other licensed and registered for operation; device, apparatus, instrument or machine that causes reasonably preventable interference with radio or (b) The vehicle is being used to store television reception by a radio or television receiver of junk, as defined in division (B) above, or rubbish, as good engineering design, between the hours of 10:00 defined in § 93. 04(F); or p.m. and 5:00 a.m. unless such interference comes from an approved public festival or public (c) The vehicle has parts which have indoor/outdoor event. (This section does not apply to been discarded, dismantled or partially dismantled, or devices licensed, approved and operated under the stripped, or the vehicle is in a rusted, damaged, rules and regulations of the Federal Communications wrecked or other condition, which renders the vehicle Commission.) inoperable.

(B) Junk. No person shall keep junk outdoors on (2) Upon determination by the city staff a street, lot or premises or in a building that is not person in charge of enforcement regarding abandoned wholly or entirely enclosed except for doors used for vehicles, which qualifies as a nuisance under this ingress and egress. section, the city staff person may solicit voluntary compliance by affixing a notice to the abandoned (1) The term JUNK, as used in this section, vehicle. In the case of an abandoned vehicle on includes all old motor vehicles and their parts, private property, permission to enter the property to abandoned vehicles, wrecked, dismantled or affix the notice to the vehicle shall be obtained from inoperable vehicles, old boats and boat motors or the property owner, or shall be authorized by an parts, old machinery, old machinery parts, old iron or inspection warrant. The notice shall provide the other metal, glass, paper, lumber, wood or waste or following information: discarded material. For purposes of this division (B), the term OLD shall include, but not be limited to, a (a) The vehicle will be subject to being description of items which are dilapidated, abandoned, impounded by the city if the vehicle is not removed inoperable or otherwise in a state of disrepair. from the private property or public property within five days of the date of the notice. If the vehicle is to (2) This section does not apply to junk kept remain on private property, it must be stored within an in a licensed junkyard automobile wrecking house. enclosed structure or covered by an approved coverage device; (3) Abatement of vehicles located on private property, which constitute a nuisance under (b) The ordinance which has been violated and under which vehicle will be removed; 18 Lakeside - General Regulations

(c) The place where the vehicle will be the vehicle and its contents will be sold if those impounded and the telephone number to find out charges and administrative fee are not paid; information where the vehicle will be stored; (c) The vehicle will not be released (d) The vehicle, if impounded, will be until the owner provides proof that the vehicle is subject to towing and storage charges and an currently licensed and registered, that the nuisance administrative fee, and a lien will attach to the vehicle conditions will not be resumed, and all towing and and its contents; storage fees and the $100 administrative fee have been paid, and the city has authorized the release of the (e) The vehicle will be sold to satisfy vehicle in writing; the costs of towing and storage and administrative fees if these charges are not paid; (d) The person owning the vehicle or responsible for creating the nuisance may request a (t) The owner, possessor or person hearing before the City Council to contest the validity having an interest in the vehicle is entitled to a of the impoundment or the liability for storage and hearing, before the vehicle is impounded, to contest towing charges and the administrative fee. The request the proposed impoundment if a hearing is timely for a hearing must be made within five working days requested; and after the date that notice of impoundment is mailed, as evidenced by the postmark. The request for a hearing (g) The time within which a hearing shall be made to the city staff person who issued the must be requested and the method for requesting a notice of impoundment; hearing. (e) When a timely request for a (3) In the event the person responsible has hearing is made, a hearing shall be placed on the not voluntarily complied by removing the vehicle from regular agenda at the next scheduled Council meeting, the private property or the public right-of-way or but may be postponed at the request of the person storing the vehicle within an enclosed structure or asking for the hearing; and underneath an approved coverage device, the city staff person in charge of enforcement shall institute (t) The city shall have the burden of abatement proceedings to have the abandoned vehicle proving by a preponderance of the evidence that the towed from the private property or the public vehicle, which was impounded, constituted a nuisance right-of-way. The city staff person shall mail notice to under this chapter. If the City Council finds that the the registered owner of the vehicle and to any lessor impoundment of the vehicle was proper, the Council or security interest holders as shown in the Motor shall enter an order supporting the removal and shall Vehicle Department records, and to the person find the owner of the vehicle or the person responsible responsible for creating the nuisance, if that person is for the nuisance is liable for the usual and customary not the registered owner of the vehicle and the city has towing and storage costs and administrative fee. If the been able to identify that person, that the vehicle has City Council finds the impoundment of the vehicle been impounded. The notice shall be sent by certified was improper, the Council shall order the vehicle mail, return receipt requested, and be mailed within released to the person entitled to possession and shall 48 hours of the impoundment. The notice shall include enter a finding that the owner or the person the following information: responsible for creating the nuisance is not liable for any towing or storage costs resulting from the (a) The location where the vehicle will impoundment, and if there is a lien on the vehicle for be stored; towing and storage costs, the City Council shall order it paid by the city. (b) That the vehicle and its contents are subject to a lien for the payment of storage and (4) Disposal of abandoned vehicles, which towing charges and an administrative fee of $100, and have been impounded under this section shall be done Nuisances 19

in accordance with the applicable provisions of O. R. S. meter shall contain at least an A-weighted and Chapter 819. The city shall be entitled to recover the C-weighted scale and both fast and slow meter costs of the nuisance abatement, including the $100 response capability and the capability to perform time administrative fee, in an appropriate action at law. average sound measurement.

(5) Removal of an abandoned vehicle from (a) Personnel making sound one parcel of private property to another parcel of measurements shall have completed training in the private property, or removal of an abandoned vehicle techniques of sound measurement and the use of the from private property onto a public right-of-way, or sound level meter from the State Department of removal of an abandoned vehicle from one location to Environmental Quality personnel or other competent another location on a public right-of-way, after a trammg personnel. Measurement procedures notice has been affixed to the vehicle under division consistent with that training shall be followed. (C)(2) above, shall not prevent the city from proceeding with the process to have the vehicle towed (b) Sound measurements may be made from a parcel of private property or the public at or within the boundary of the property on which a right-of-way and impounded under the provisions of noise sensitive unit that is not the source of the sound division (C)(3) above. is located, or within a noise sensitive unit that is not the source of the sound·. (D) Prohibited noise. It shall be deemed a nuisance whenever any person produces or permits to (4) Notwithstanding divisions (D)(l) and be produced, with a sound-producing device, sound (D)(2) above, the following exceptions from this which either: section are permitted when the following conditions are present: (1) When measured at or within the boundary of the property on which a noise-sensitive (a) Sounds caused by organized unit which is not the source of the sound is located, athletic, religious, educational, civic or other group or, within a noise-sensitive unit that is not the source activities, when such activities are conducted on of the sound, exceeds: 50 dBA at any time between property generally used for such purposes, including 10:00 p.m. and 7:00 a.m. of the following day; or 60 stadiums, parks, schools, churches, athletic fields, dBA at anytime between 7:00 a.m. and 10:00 p.m. of race tracks, airports and waterways, between the the same day; or hours of 7:00 a.m. and 11:00 p.m. of the same day; provided that this exception shall not impair the City (2) Is plainly audible at any time between Manager's power to declare that such events or 10:00 p.m. and 7:00 a.m. of the following day: activities violate other applicable laws, ordinances or regulations; (a) Within a noise-sensitive unit that is not the source of the sound; or (b) Sound caused by emergency work reasonably necessary to prevent injury to persons or (b) On a public right-of-way at a property, or by the ordinary and accepted use of distance of 50 feet or more from the source of the emergency equipment, vehicles and apparatus, sound. whether or not such work is performed by a public or private agency, upon public or private property; (3) If sound measurements are made, they shall be made with a sound level meter. The sound (c) Sounds caused by sources level meter shall be an instrument in good operating regulated as to sound production by federal law, condition, meeting the requirements of a Type I or including, but not limited to, sounds caused by Type II meter, as specified in ANSI Standard railroad, aircraft or commercially licensed watercraft 1.4-1971. For purposes of this section, a sound level operations; 20 Lakeside - General Regulations

(d) Sound caused by bona fide use of (d) Whether previous permits have emergency warning devices and alarm systems been issued and the applicant's record of compliance. authorized by law; (7) The City Recorder/Manager may at any (e) Sound caused by blasting activities time before or during the operation of a variance when performed under a permit issued by appropriate revoke the variance for good cause. governmental authorities and only between the hours (Ord. 14-279, passed 6-12-2014) Penalty, see of 9:00 a.m. and 4:00 p.m. of the same day, § 93.99 excluding weekends, unless such permit expressly authorized otherwise; § 93.06 NON-ENUMERATED NUISANCES. (f) Sounds caused by commercial, industrial, agricultural, timber harvesting, utility or The acts, conditions or objects specifically construction organizations or workers during their enumerated and defined in § § 93. 02 through 93. 05 are normal operations; declared public nuisances and may be abated by the procedures set forth in §§ 93.07 through 93.12. In (g) Sounds caused by motor vehicles addition to the nuisances specifically enumerated in operated on any highway and subject to O.R.S. this chapter, every other thing, substance or act that is 815.250; and determined by the Council to be injurious or detrimental to the public health, safety or welfare of (h) Sounds caused by a the city is declared a nuisance and may be abated as sound-producing device that may violate any provision provided in this chapter. of this division (D) may apply to the City Recorder/ (Ord. 14-279, passed 6-12-2014) Manager for a variance from such provision. The application for a variance shall state the provision from which a variance is being sought, the period of § 93.07 ABATEMENT PROCEDURE. time the variance is to apply, the reason for which the variance is sought and any other supporting (A) Notice. On determination by the City information that the City Recorder/Manager may Recorder/Manager that a nuisance exists, the City reasonably require. Recorder/Manager shall cause a notice to be posted on the premises or at the site of the nuisance, ordering (5) Within ten days of rece1vmg the the person responsible to abate the nuisance. application, the City Recorder/Manager shall deny it, approve it or approve it subject to conditions. A (1) At the time of posting, the City variance may be granted for a specific time interval Recorder/Manager shall cause a copy of the notice to only. be forwarded by registered or certified mail to the person responsible at the person's last known address. (6) In reviewing an application for a variance, the City Recorder/Manager shall consider: (2) The notice to abate shall contain:

(a) The nature and duration of the (a) A description of the real property, sound emitted; by street address or otherwise, on which the nuisance exists; (b) Whether the public health, safety or welfare would be endangered by approving the (b) A direction to abate the nuisance variance; within ten days from the date of the notice;

(c) Whether compliance with the (c) A description of the nuisance; provision would produce no benefit to the public; and Nuisances 21

(d) A statement that unless the consult with its legal counsel regarding the nuisance is removed, the city may abate the nuisance interpretation and application of this chapter. and the cost of abatement will be charged to the person responsible; (3) The City Council has the authority to administer oaths and take testimony of witnesses. ( e) A statement that failure to abate a nuisance may warrant imposition of a fine; ( 4) The person alleged to be responsible for the nuisance shall have the right to cross-examine (f) A statement that the person witnesses who testify and shall have the right to responsible may appeal the order to abate by giving submit evidence on his or her behalf, but cannot be notice to the City Recorder/Manager within ten days compelled to do so. from the date of the notice; and (5) After due consideration of the evidence (g) A statement that the city will and arguments, the City Council shall determine destroy, sell, auction or do whatever it takes to be whether a nuisance has been established. If the reimbursed for abatement and administrative costs. nuisance has not been established, an order dismissing The owner or person responsible for the nuisance the same shall be entered. When the determination is causing such abatement can retain the property within that the nuisance has been established, an appropriate ten days if they pay all fees associated with the order shall be entered in the records. A copy of the abatement. order shall be delivered to the person named in the order personally or by mail or to their attorney of (3) If the person responsible is not the record. owner, an additional notice shall be sent to the owner, stating that the cost of abatement not paid by the ( 6) The determination by the City Council person responsible may be assessed to and become a shall be in writing and shall contain findings of fact lien on the property. and conclusions of law. The determination shall be issued within 30 days of the hearing and shall be final. (4) Upon completion of the posting and The City Council's decision may be appealed to the mailing, the persons posting and mailing shall execute Circuit Court with proper jurisdiction through the writ and file certificates stating the date and place of the of review process. mailing and the posting. (7) A tape recording shall be made of the (5) An error in the name or address of the hearing, which tape shall be retained for at least 90 person responsible shall not make the notice void, and days following the City Council's final judgment. in such case the posted notice shall be sufficient. (Ord. 14-279, passed 6-12-2014)

(B) Appeal procedure. § 93.08 ABATEMENT BY THE PERSON (1) Appeals to an order to abate shall be RESPONSIBLE. heard by the City Council. The City Council shall conduct a hearing on the appeal within 45 days of the Within ten days after the posting and mailing of filing of the appeal. the notice as provided in § 93. 07, the person responsible shall remove the nuisance or show that no (2) The city must prove the existence of the nuisance exists. nuisance by a preponderance of the evidence. The hearing shall be limited to admissible evidence. The (A) A person responsible, protesting that no City Council may prescribe by rule or regulation the nuisance exists, shall file a written statement that procedures for the conduct of the hearings in specifies the basis for the protest with the City conformity with applicable state statues and may Recorder /Manager. 22 Lakeside - General Regulations

(B) The statement shall be referred to the charge of $100 or 10% of those expenses, whichever Council as part of its regular agenda at its next is greater, for administrative costs. scheduled meeting. At the time set for consideration of (Ord. 14-279, passed 6-12-2014) the abatement, the person protesting may appear and be heard by the Council. The Council shall determine whether a nuisance in fact exists, and the § 93.11 ASSESSMENT OF COSTS. determination shall be entered in the official minutes of the Council. Council determination shall be The City Recorder/Manager shall forward to the required only in cases where a written statement has owner and the person responsible, by registered or been filed as provided. certified mail, a notice stating:

(C) If the Council determines that a nuisance in (A) The total cost of abatement, including the fact exists, the person responsible shall abate the administrative costs; nuisance within ten days after the Council determination. (B) The costs as indicated will be assessed to and (Ord. 14-279, passed 6-12-2014) become a lien against the property unless paid within 30 days from the date of the notice; and

§ 93.09 JOINT RESPONSIBILITY. (C) If the owner or the person responsible objects to the cost of the abatement as indicated, a If more than one person is a person responsible, notice of objection may be filed with the City they shall be jointly and severally liable for abating the Recorder/Manager not more than ten days from the nuisance or for the costs incurred by the city in date of the notice. abating the nuisance. (Ord. 14-279, passed 6-12-2014) (Ord. 14-279, passed 6-12-2014) Penalty, see § 93.99 § 93.12 SUMMARY ABATEMENT.

§ 93.10 ABATEMENT BY THE CITY. The procedure provided by this chapter is not exclusive, but is an addition to procedures provided by If the person responsible has not abated the other ordinances. Any city official may proceed nuisance within the time allowed, the Council may summarily to abate a health or other nuisance which cause the nuisance to be abated. unmistakably exists and which imminently endangers human life or property. (A) The officer charged with abatement of the (Ord. 14-279, passed 6-12-2014) nuisance shall only have the right to enter into or upon the property with the owner's permission or in accordance with the law. If the owner refuses, the officer may not enter a dwelling or abate nuisance not § 93.99 PENALTY. affecting public health or safety until a warrant has been issued allowing entry. Where a nuisance (A) Generally. Any person in violation of any affecting public health or safety has been found to provision of this chapter shall, upon conviction exist, the officer may enter the property to abate the thereof, be imposed a fine not to exceed the amount of nuisance in accordance with this section. $750 per violation.

(B) The City Recorder/Manager shall keep an (B) Separate violations. accurate record of the expense incurred by the city in physically abating the nuisance, and shall include a (1) Each day's violation of a provision of this chapter constitutes a separate offense. Nuisances 23

(2) 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; 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 a fine under division (A) above. (Ord. 14-279, passed 6-12-2014) 24 Lakeside - General Regulations CHAPTER 94: STREETS AND SIDEWALKS

Section

General Provisions The further purpose of this subchapter is to place sole liability and responsibility for maintenance of public 94.01 Purpose sidewalks, rights-of-way and alleys upon the adjoining 94.02 Definitions property owners and to absolve the city of all liability 94.03 Sidewalks and obligations relating to same. 94.04 Right-of-way 94.05 Alleys (B) Jurisdiction. The city has jurisdiction and 94.06 Remedial action exercises regulatory control over all public rights-of­ 94.07 Landowner liability, city exoneration, way within the city under the authority of the City indemnification Charter and state law. 94.08 Access 94.09 Enforcement (C) Scope of regulatory control. The city has 94.10 City permission requirement jurisdiction and exercises regulatory control over each 94.11 Improvements and activities in public public right-of-way whether the city has a fee, rights-of-way easement or other legal interest in the right-of-way. 94.12 Acceptance of public rights-of-way The city has jurisdiction and regulatory control over each right-of-way whether the legal interest in the Drainageways and Culverts right-of-way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, 94.25 New drainageways and culverts or foreclosure or other means. repairs; required when 94.26 Repair and maintenance of (D) Obligations of city. The exercise of drainageways and culverts in the public jurisdiction and regulatory control over a public right-of-way right-of-way by the city is not official acceptance of 94.27 Permit issuance and fees the right-of-way, and does not obligate the city to maintain or repair any part of the right-of-way. (Ord. 154, passed 3-17-1993; Ord. 11-271, passed - -2011) GENERAL PROVISIONS

§ 94.02 DEFINITIONS. § 94.01 PURPOSE. For the purpose of this subchapter, the following (A) Generally. The purpose of this subchapter is definitions shall apply unless the context clearly to establish specific responsibilities, use and indicates or requires a different meaning. maintenance for the captioned property. This subchapter is undertaken for the general welfare, ACTIVITIES. The use of the public safety and quality of life of the citizens of the city. right-of-way for events which are limited to specific

25 26 Lakeside - General Regulations

times, including, but not limited to, sidewalk sales, § 94.03 SIDEWALKS. outdoor commercial displays, food and merchandise vending and other special events. Sidewalks shall be maintained in a safe condition by the adjacent property owner. Sidewalks shall ADJACENT OF ADJOINING LANDOWNER. remain free of hazards, debris, ice and snow and shall Any person, person or entity owning land with a be kept in a good repair. Repairs and maintenance are sidewalk, right-of-way or alley constructed or existing the sole responsibility of the adjacent property owner in front of, along or abutting said land within the city and shall be promptly made. Pedestrian traffic shall be of jurisdiction of the city. unimpeded except for reasonable periods for repairs and maintenance. ALLEY. A public thoroughfare or easement (Ord. 154, passed 3-17-1993) through a block or any portion thereof generally giving access to the rear of lots or buildings. § 94.04 RIGHT-OF-WAY. PERMANENT IMPROVEMENT. A fixture of construction in the public right-of-way which is It shall be the sole responsibility of the adjacent intended to become an integral part of the public property owner(s) to maintain the right-of-way in a infrastructure, inclµding but not limited to streets, safe condition. Placement of any item or structure, sidewalks, walkways, bicycle pathways, improved excluding mail or newspaper boxes, in a right-of-way parking areas, driveway approaches, storm drainage is prohibited. Weeds and grasses shall be controlled or facilities, electric power lines and hardware, cut to eliminate fire and other hazards. Unless streetlights, water lines and sanitary sewer lines. otherwise posted, temporary automobile/motorcycle parking is allowed in the right-of-way. In no case, PERSON. An individual, corporation, however, will motor homes, trailers or disabled association, firm, partnership, joint stock company vehicles or objects be parked or placed in the and similar entities. right-of-way except for a reasonable time for loading or unloading same. PUBLIC RIGHTS-OF-WAY. Includes, but are (Ord. 154, passed 3-17-1993; Ord. 16-288, passed not limited to, streets, roads, highways, bridges, 10-13-2016) alleys, sidewalks, trails, paths, public easements and all other public ways or areas, including subsurface and air space over these areas. § 94.05 ALLEYS.

SIDEWALK. A pedestrian way, usually paved, (A) Adjacent property owners shall be solely where vehicular traffic is excluded. responsible to maintain alleyways in a safe and clean condition. Where an alley runs between land owned TEMPORARY IMPROVEMENT. A fixture of by separate owners, each adjacent owner shall be construction in the public right-of-way which is not responsible for one-half of the alley's width for so far intended to become an integral part of the public as the alley adjoins the owner's land. Weeds and infrastructure, including but not limited to landscaping grasses shall be controlled or cut to eliminate fire and fences, signs, canopies, irrigation systems and private other hazards. Alleys shall not be used for storage. or quasi-private parking areas. Nor shall pets or animals be maintained therein. Out-buildings or intrusions of adjacent buildings is WITHIN THE CITY. Territory over which the expressly prohibited. city now has or acquires jurisdiction for the exercise of its powers. (B) The city hereby grants a one year grace (Ord. 154, passed 3-17-1993; Ord. 11-271, passed period, from enactment of this subchapter, for - -2011) enforcement of tl1is section of the ordinance. (Ord. 154, passed 3-17-1993)

2016 S-2 Streets and Sidewalks 27

§ 94.06 REMEDIAL ACTION. § 94.09 ENFORCEMENT.

Where noncompliance with this subchapter is Enforcement of this subchapter may be carried brought to the attention of the city, the noncompliance out by the state police, the County Sheriff's may be treated as a nuisance. The provisions of §§ Department and other law enforcement agencies. 93.07 through 93.12 shall apply to abatement of (Ord. 154, passed 3-17-1993; Ord. 190, passed violations of this section. As provided in §§ 93.07 11-10-1994) through 93 .12, remedial action may, in the city's discretion, be initiated without the city assuming any liability for the noncomplying condition. The city may § 94.10 CITY PERMISSION REQUIREMENT. undertake such remediation as is necessary to alleviate the noncomplying condition, and the responsible party (A) No person may occupy or encroach on a owner shall pay the city for all reasonable expenses public right-of-way without the permission of the city. incurred in remediation of the noncomplying The city grants permission to use rights-of-way by condition. franchises, licenses and permits. (Ord. 154, passed 3-17-1993; Ord. 16-288, passed 10-13-2016) (1) A public works permit shall be requested and secured from the City Recorder/Manager prior to making any permanent § 94.07 LANDOWNER LIABILITY, CITY improvements in a right-of-way, and in accordance EXONERATION, INDEMNIFICATION. with provision of the zoning ordinance.

(A) It is not only the duty of all owners of land (2) A right-of-way permit shall be within the city to keep in good repair and to so requested and secured for any temporary maintain all sidewalks, rights-of-way and alleys improvements or activities in a right-of-way. Such a constructed or existing in front of, along or abutting permit shall be issued only after approval by the City their respective lots, but all such owners are hereby Recorder/Manager, who shall review the request to declared to be liable for all damages to any person or ensure conformance with the requirements of this entity for any damage sustained as a result of any chapter and all other applicable rules and regulations condition of or existing within or on any sidewalk, as to whether, in his or her discretion, the public's right-of-way or alley within the city's jurisdiction. safety will be compromised.

(B) Said liability rests solely with the property (B) Once a right-of-way or public works permit owner(s) whose land adjoins the condition giving rise has been issued, it may be recorded with the County to the particular cause of action or hazard, and not Clerk, if in the city's judgment, it is necessary. The with the city, regardless of whether or not the city has property owner shall be responsible for all recording notice of noncomplying condition or hazard. costs. (Ord. 154, passed 3-17-1993) (Ord. 11-271, passed - -2011) Penalty, see§ 10.99

§ 94.08 ACCESS. § 94.11 IMPROVEMENTS AND ACTIVITIES IN PUBLIC RIGHTS-OF-WAY. The city retains full access to the areas defined and may at any time use the aforementioned land for (A) Any person planning to dig or excavate in the general benefit of the city. the right-of-way in order to make permanent (Ord. 154, passed 3-17-1993) improvements, temporary improvements or conduct activities shall first notify the State Utilities

2016 S-2 28 Lakeside - General Regulations

Notification Center to ensure that all underground DRAINAGEWAYS AND CULVERTS utilities are located and marked prior to undertaking airy such digging or excavation. § 94.25 NEW DRAINAGEWAYS AND (B) No improvement or activity will be approved CULVERTS OR REPAIRS; REQUIREDWHEN. if it does not meet the requirements of the zoning district in which it is located, or any other regulation, (A) Property owners shall maintain at all times which may be deemed applicaple. any drainageways and culvert or curb adjacent to their land in a reasonably safe condition and shall be liable (C) Temporary improvements and activities are for any damage or injury by a failure to do so. the responsibility of the property owner, and the city Nothing contained in this subchapter is intended to may, at any time, require the removal or modification alter the duties and liabilities imposed by the city of any improvement or activity if deemed necessary zoning ordinance. by the city. Where deemed necessary by the city, persons may be required to maintain liability insurance (B) No recourse whatsoever shall be had against on their improvement or activity, in an amount the city, its Council, Mayor, employees or agents for specified by the city, naming the city as an damage or loss to person or property arising out of the additionally insured party. negligent or otherwise harmful maintenance of any drainageways and culverts described in division (A) (D) For all improvements and activities in the above. public rights-of-way, a minimum four feet wide area of sidewalk or walkway space must be kept clear (C) A property owner described in division (A) horizontally and eight feet vertically in order to permit above shall indemnify, defend and hold the city, its adequate and safe pedestrian circulation and passage. Council, Mayor, employees and agents harmless (Ord. 11-271, passed - -2011) Penalty, see§ 10.99 against any claim, suit or action made against the City, its Council, Mayor, employees and agents as a result of any person's failure to fulfill the duty § 94.12 ACCEPTANCE OF PU:6LIC imposed by division (A) above. RIGHTS-OF-WAY. (D) In case the owner fails to keep such For a right-of-way to be accepted as a city public drainageways and culverts in repair, the council may right-of-way, the City Council shall put forth a written proceed to repair or replace the same on the same order accepting such public right-of-way, whether the notice and in the same manner as specified in the city legal interest in the right-of-way was obtained by ordinance for the construction of new sidewalks. grant, dedication, prescription, reservation, condemnation, annexation, foreclosure or other (E) No culvert shall be repaired where, in the means. judgment of the Council, a new culvert should be (Ord. 11-271, passed - -2011) installed, and the decision of the Council as to whether an existing culvert should be repaired or a new culvert constructed in the place thereof shall be final and binding upon all property owners. (Ord. 02-236, passed 1-10-2002) Streets and Sidewalks 29

§ 94.26 REPAIR AND MAINTENANCE OF the condition and notwithstanding the time period DRAINAGEWAYS AND CULVERTS IN THE allowed by law to correct same before abatement as a PUBLIC RIGHT-OF-WAY. public nuisance. (Ord. 02-236, passed 1-10-2002) Penalty, see (A) It is declared to be the duty of the owners of § 10.99 all property in the city to keep the drainageways and culverts and the area along and adjacent to same clean and free from refuse of all kinds. § 94.27 PERMIT ISSUANCE AND FEES.

(B) No person owning real property shall cause (A) The Building Clerk shall issue a permit upon or allow the drainageways and culvert, in the abutting approval of a permit application for construction and public right-of-way to present an unreasonable risk of repairs to all drainageways and culverts within city barm to persons or property. rights-of-way.

(C) For purposes of this section, drainageways (B) A deposit or bond in the amount established and culverts shall be deemed to present an by Council resolution shall be collected from all unreasonable risk of danger to person or property if, applicants for new drainageways and culvert among other things: construction prior to issuance of a permit. The deposit shall be returned to the applicant upon inspection and ( 1) There exists in the drainageway or approval by the City Engineer's designee of the culvert, problem rainwater runoff (PRWRO), any constructed or repaired drainageways and culvert. The pool of water accumulating in the public right of way deposit or bond shall be waived in the case of repairs because of rainfall that does not dissipate within 24 to existing drainageways and culvert. The permit for hours after the rain ceases to fall; each construction or repair shall declare the applicants responsibility for repair or replacement of any (2) A culvert installed after October, 2001 defective or damaged drainageways and culvert shall be manufactured of corrugated metal or other affected by this work. material approved by the Planning Commission prior to installation, and shall be not less than 12 inches (C) A permit fee shall be collected by the city diameter; or for each drainageways and culvert repair or construction permit in the amount established by (3) A drainageway or culvert remains in a Council resolution. state of disrepair for a period of time exceeding 30 days after notice is provided to the property owner (D) No person shall construct a drainageways and culvert in the public right-of-way, except in (D) The existence of drainageways and culverts, accordance with current standards and specifications in such condition as to present an unreasonable risk of established by the City Engineer or in accordance with danger to persons or property hereby is declared to be the zoning ordinance. a public nuisance and may be abated by any of the procedures set forth in the city's nuisance abatement (E) No person shall construct drainageways or ordinance. culverts without first obtaining a permit from the city and complying with the provisions of city ordinances. (E) A person who owns property that abuts a If the city is requiring the construction, the permit drainageways and culvert, in such condition as to shall state the date within which the work shall be present an unreasonable risk of danger to persons or completed. property is civilly liable for all claims arising from (Ord. 02-236, passed 1-10-2002) Penalty, see that condition notwithstanding the person's notice of § 10.99 30 Lakeside - General Regulations TITLE XI: BUSINESS REGULATIONS

Chapter

110. BUSINESS LICENSES

111. PEDDLERS

1 2 Lakeside - Business Regulations CHAPTER 110: BUSINESS LICENSES

Section

110.01 Definitions AUCTIONEER. Any person who sells or offers 110.02 Purpose to sell merchandise by public outcry or to the highest 110.03 Non-profit organizations bidder, either for himself or for another person. 110.04 Agents of nonresident proprietors 110.05 License required BUSINESS. Professions, trades, occupations, 110.06 Duration of license shops and every kind of calling carried on for profit or 110.07 License fees livelihood. 110.08 License application 110.09 Unlawful acts EXHIBITION. The display of goods or 110.10 Delinquent license fees materials for which an admission fee is charged. 110.11 Fee amounts 110.12 Violations FLEA MARKET. All general sales, open to the 110.13 Revocation of license public, conducted in any commercial zone within the 110.14 Suspension of license city, for the purpose of disposing of personal 110.15 Appeal property. These general sales include, but are not 110.16 Reseller's license limited to, sales entitled "flea markets", "bazaars" 110.17 Enforcement agencies and "rummage sales". FLEA MARKET also includes situations where booths, tables or spaces are sold or 110.99 Penalty rented for the purpose of conducting sales of personal property. For the purpose of the definition of FLEA MARKET, personal property means property which is owned by the individual conducting the sale, is § 110.01 DEFINITIONS. purchased for resale, or is obtained on consignment.

For the purpose of this chapter, the following GARAGE SALE. Any public sale of new or definitions shall apply unless the context clearly used goods within the city limits by an individual or indicates or requires a different meaning. group of individuals is not in the business of selling goods or is not licensed as a secondhand dealer, and AMUSEMENT DEVICE. Any game, device or when the property from which the sale is to be machine kept, operated or played in any place of conducted is not within a zone permitting commercial business or other place where the public is invited or business or otherwise permitted under the provisions permitted to attend and which may be played by the of this chapter. insertion of coins. GENERAL CONTRACTOR. Any person who APPLICATION. A new application, a renewal undertakes or offers to undertake for consideration to of an application, or a transfer of license application. furnish all of the material, or labor, or both, that are considered necessary to construct, alter, repair or add

3 4 Lakeside - Business Regulations

to any building or structure, including commercial, VENDING MACHINE. Any machine from residential or heavy construction work. which food, drink or cigarettes are received in return for the insertion of coins. HOBBY. Any activity which results in an annual (Ord. 193, passed 8-10-1995) profit of less than $1,500. For the purpose of this chapter, HOBBIES are exempt from business license requirements. § 110.02 PURPOSE.

NON-PROFIT. Any business or organization This chapter is enacted to provide revenue to pay which holds a certificate of exemption from taxes for the expenses required to issue licenses, to provide from the Internal Revenue Service. revenue to pay for municipal services to business, and to regulate businesses. PERSON. All domestic and foreign (Ord. 193, passed 8-10-1995) corporations, associations, syndicates, partnerships of every kind, joint ventures, societies and individuals transacting and carrying on any business in the city. § 110.03 NON-PROFIT ORGANIZATIONS.

REAL ESTATE BUSINESS. An enterprise or Nothing in this chapter shall be construed to undertaking of any nature that deals either directly or apply to any non-profit business or organization, indirectly with leaseholds or any interest or estate in including instances where the non-profit business or land, or both, whether the land is situated in this state organization serves as sponsor of an event (except that or elsewhere. refundable deposits may be required), but proof of a business's or organization's non-profit status may be RESIDENTIAL BUILDING CONTRACTOR. required. Any person who furnishes or offers to furnish all of (Ord. 193, passed 8-10-1995) the material, or labor, or both, that are required to construct, alter, repair or add to any residential structure or other residential construction work, and § 110.04 AGENTS OF NONRESIDENT who employs not more than four persons, including PROPRIETORS. the person or persons contracting. The agent or agents of a nonresident proprietor SELF-EMPLOYED. A person who serves as his engaged in any business for which a license is or her own employer, who is not a general, residential required by this chapter shall be liable for the payment building, or subcontractor, and who employs no other of fees established by the Council, except as otherwise persons. provided by law, and for the penalties for failure to pay the fees or to comply with the provisions of this SUBCONTRACTOR. A person who contracts chapter as if the agent or .agents were themselves on predetermined terms to be responsible for the proprietors. performance of all or part of a job of construction in (Ord. 193, passed 8-10-1995) accordance with established specifications or plans.

TRANSIENT MERCHANT. Any person, firm, § 110.05 LICENSE REQUIRED. corporation selling or offering to sell, other than at auction, any merchandise in any building, store, room It shall be unlawful for any person to transact or or place of business with the intention of doing so for carry on or cause to be transacted or carried on any a short period of time and without the intention of business without having first obtained a license permanently doing so in the regular course of therefore from the City Recorder/Manager for the business. current calendar year. (Ord. 193, passed 8-10-1995) Penalty, see § 110.99 Business Licenses 5

§ 110.06 DURATION OF LICENSE. § 110.08 LICENSE APPLICATION.

All business licenses under this chapter are (A) (1) All business licenses required under this annual and shall expire on December 31. The required chapter or any other ordinance shall be issued by the application and license fees are due on January 1 of City Recorder/Manager. each year for the calendar year commencing with that date and are delinquent on February 1. (2) The application for any license shall (Ord. 193, passed 8-10-1995) contain the following information:

(a) The description of the business § 110.07 LICENSE FEES. carried on within the city;

(A) All trades, shops, businesses, occupations, (b) The name of the applicant, with a professions and callings carried on in the city shall be statement of all persons having an interest in the licensed and the amount to be paid as license fees shall business, either as proprietors or owners of the be established by resolution of the Council. business;

(B) Garage sales may be conducted without (c) The location in which the business obtaining a business license; however, no household in conducted; may conduct more than two garage sales in a one-year period, and no sale may last longer than five days. (d) Proof of the applicant's possession of any licenses, certificates or registrations that are ( (C) A license fee is not delinquent until after the required by state or federal laws to conduct the type of applicant has commenced operation of his or her business listed on the application; trade, shop, business, occupation, profession or calling within the city during the calendar year without (e) The date of the application; paying the required license fee. (f) The average number of persons (D) When an applicant for a business license has regularly employed by the business at the time the not engaged in business during the calendar year until application for license is made. When practicable, this after June 30, the required fee for the license shall be average shall be computed by adding all regular reduced by one-half. If the applicant had engaged in employees listed on the business's social security the same or similar business during the previous reports during the year and dividing this total by the calendar year, there will be no reduction in the number of reports; required fee. (g) The amount of money tendered (E) Where the applicant for a business license is with the application; and operating more than one trade, shop, business, occupation, profession or calling from the same (h) Any other information necessary to location, each trade, shop business, occupation, enable the city to review the application under division profession or calling must be separately licensed, but (B) below, and to determine the appropriate fee as the applicant need pay only the one license fee which established by resolution of the Council. would be the highest fee. (Ord. 193, passed 8-10-1995) (B) The City Recorder/Manager shall refer each application to the appropriate departments of the city for review. 6 Lakeside - Business Regulations

(1) Approval or denial of the application § 110.09 UNLAWFUL ACTS. shall be based on consideration of all available evidence as to whether the proposed business will It is unlawful for any person to willfully make meet the requirements of the City Charter and false or misleading statement to the City ordinances. Recorder/Manager for the purpose of determining the amount of a license fee, or to fail to comply with any (2) The license may not be granted if: of the provisions of this chapter, or to fail to pay any required license fee or penalty. (a) The activity or device to be (Ord. 193, passed 8-10-1995) Penalty, see § 110.99 licensed would not comply with city ordinances or state or federal laws, except, where an activity is specifically allowed by state law but prohibited by § 110.10 DELINQUENT LICENSE FEES. federal law, the activity may be licensed as long as it is in compliance with state law and city ordinances; In the event that any person required to obtain a license fails to obtain the license or pay the required (b) The licensed activity or device fee before it becomes delinquent, the City would endanger property or the public's health or Recorder/Manager shall collect the fee payment with safety; a penalty of 10% of the fee payment for each calendar month, or fraction of a month, that the fee payment is (c) The applicant's violation of law or delinquent. ordinance represents a reasonable doubt about the (Ord. 193, passed 8-10-1995) applicant's ability to perform the licensed activity without endangering property or the public's health or safety; § 110.11 FEE AMOUNTS.

( d) The applicant fails to supply Nothing contained in this chapter may be information required, or submits misleading or false construed as vesting any right in a license or a information, or submitted misleading or false contract obligation on the part of the city as to the information on a previous application; or amount of the fee. Other taxes or fees and the fees provided by Council resolution may be increased, (e) The premises to be used by the decreased or created by the city. Any business may be business do not fully comply with all city ordinances reclassified at any time and other fees or taxes may be and requirements. levied. No person who has received a license and has paid the fee required under this chapter shall be (C) In the event of the transfer of any business, entitled to any refund. the license shall be transferred using a form provided (Ord. 193, passed 8-10-1995) by the City Recorder/Manager, signed by the person making the transfer, and accompanied by a transfer fee established by resolution of the Council. § 110.12 VIOLATIONS.

(D) Upon a favorable recommendation from The conviction of a person for violation of any each department, the City Recorder/Manager shall provision of this chapter may not serve to relieve the issue the license. If any department determines that person from paying the fee or penalty for which the the application should be denied, the City person is liable. The payment of any fee may not bar Recorder/Manager shall notify the applicant of the or prevent legal prosecution of a complaint for the denial and the reasons for the denial. violation of any provision of this chapter. (Ord. 193, passed 8-10-1995; Ord. 16-288, passed (Ord. 193, passed 8-10-1995) 10-13-2016)

2016 S-2 Business Licenses 7

§ 110.13 REVOCATION OF LICENSE. (4) What the correct determination of the appeal should be. Upon determination that a licensed business, activity, or device within the city violates city (B) An appellant who fails to file a statement ordinances or state or federal laws, or that the within the time permitted waives all objections, and application contains false or misleading information, relinquishes all rights to appeal. If a notice of the City Recorder/Manager may revoke the license revocation is appealed, the revocation does not take upon 30 days' notice in writing to the licensee, with effect until final determination of the appeal. At the the notice delivered to the licensee's establishment, or hearing, the appellant may present testimony and oral the licensee's business address. The notice shall state argument. The decision of the Council if final. the reasons for the revocation. (Ord. 193, passed 8-10-1995) (Ord. 193, passed 8-10-1995)

§ 110.16 RESELLER'S LICENSE. § 110.14 SUSPENSION OF LICENSE. A license or permit may not be granted to any Upon determining that a licensed business, business which operates as an antique dealer, precious activity or device presents an immediate danger to metal or gem dealer, scrap metal dealer or secondhand persons or property, the City Recorder/Manager may dealer, unless said business is in compliance with suspend the license. The suspension takes effect upon County Ordinance 83-10-0121. the licensee's receipt of the suspension notice, or upon (Ord. 193, passed 8-10-1995) delivery of the notice to the establishment or the licensee's business address. The notice shall state the reason for the suspension. The City § 110.17 ENFORCEMENT AGENCIES. Recorder/Manager may continue a suspension as long as the reason for the suspension exists, or until a Enforcement of this chapter may be carried out determination on an appeal regarding the suspension by the state police, the County Sheriff's Department is made. and other law enforcement agencies. (Ord. 193, passed 8-10-1995) (Ord. 193, passed 8-10-1995)

§ 110.15 APPEAL. § 110.99 PENALTY. (A) Any person whose application for a license has been denied, or a licensee whose license has been Violation of, or failure to comply with, any denied renewal, has been suspended or has been provision of this chapter is punishable upon conviction revoked, may, within 30 days after the notice of by a fine not to exceed $500. denial, suspension or revocation is mailed, appeal in (Ord. 193, passed 8-10-1995) writing to the Council. The appeal shall state:

(1) The name and address of the appellant;

(2) The nature of the determination being appealed;

(3) The reason the determination is incorrect; and 8 Lakeside - Business Regulations CHAPTER 111: PEDDLERS

Section

111.01 Permit and license required sale, or who, travel from place to place, shall sell or 111.02 Definition offer to sell at retail any such items from a wagon, 111.03 Application automotive vehicle, railroad car or other vehicle or 111.04 Missing text conveyance, or who solicits retail orders and as a 111.05 Administrative fees separate transaction makes deliveries to purchasers 111.06 Badges or ID cards shall be deemed subject to the provisions of this 111.07 Transfer chapter. As used in this chapter, PEDDLER shall not 111.08 Noises include religious or charitable solicitor, any solicitor 111.09 Missing text or suppliers of goods another business or any person 111.10 Exhibition of license who solicits home orders or sales as an established 111.11 Revocation of license sales route to regular customers or with intent to 111.12 Appeal increase or enlarge a sales route that will result in supplying regular customers, a sales visit or delivery 111.99 Penalty of products on a monthly or more frequent basis. (Ord. 77, passed 8-20-1981)

§ 111.01 PERMIT AND LICENSE REQUIRED. § 111.03 APPLICATION.

It shall be unlawful for any person to engage in Applicants for permit and license under this the business of peddling as defined in § 111. 02 within chapter must file with the City Recorder/Manager a the corporate limits of the city without first obtaining sworn application in writing on a form to be furnished a permit and license therefor as provided herein. by the City Recorder/Manager, which shall give the (Ord. 77, passed 8-20-1981) Penalty, see§ 111.99 following information:

(A) Name and description of the applicant; § 111.02 DEFINITION. (B) Address; For the purpose of this chapter, the following definition shall apply unless the context clearly (C) A brief description of the business and the indicates or requires a different meaning. items to be sold;

PEDDLER. Includes any person, whether a (D) If employed, the name and address of the resident of the city or not, traveling by wagon, employer, together with credentials establishing the automotive vehicle or any other type of conveyance, exact relationship; from place to place, from house to house or from street to street, carrying, conveying or transporting (E) The length of time for which the right to do goods, wares, merchandise, contracts and any other business is desired; items and offering and exposing the same for retail

9 10 Lakeside - Business Regulations

(F) If a vehicle is to be used, a description of the responsibility are found to be satisfactory, the City same, together with license number or other means of Recorder/Manager shall endorse on the application his identification; or her approval, and the City Recorder/Manager ... [missing text]. . . payment of the license fee deliver (G) A photograph of the applicant, taken within to the applicant his or her permit and license, which 60 days immediately prior to the date of the filing of shall be in a form prescribed by the City the application, which picture shall not be less than Recorder/Manager. two inches by two inches showing the head and (Ord. 77, passed 8-20-1981) Penalty, see§ 111.99 shoulders of the applicant in a clear and distinguishing manner; § 111.05 ADMINISTRATIVE FEE. (H) The fingerprints of the applicant and evidence as to the good character and business At the time of the issuance of the license there responsibility of the applicant as will enable an shall be paid to the City Recorder/Manager a fee as set investigator to properly evaluate such character and by resolution for the costs of administration and business responsibility; enforcement of this chapter. A license shall be issued for a term of 30 days, but in the event that ... [missing (I) A statement as to whether or not the text] ... a substantial change in the product, service or applicant has been convicted of any crime, business ... [missing text]. . . during the term of the misdemeanor, or violation of any municipal license, then the readier shall ... [missing text] ... to ordinance, the nature of the offense, and the the Recorder and pay another license fee ... [missing punishment or penalty assessed therefor; and text] ... been no substantial change in the product, ... [missing text]... at the time that a renewal of the (J) Applicant shall file with his or her license is applied for then investigation fee will be application a statement by a licensed physician, dated required to be paid, and the license ... [missing text] ... not more than ten days prior to the submission of a renewal fee as set by resolution, it is the intent of the application, certifying the applicant to be free of city to charge only such fees as are commensurate with infectious, contagious or communicable disease. the cost of the registration of this chapter for the (Ord. 77, passed 8-20-1981) Penalty, see§ 111.99 protection of the public, and any person or licensee believing such fees to be unreasonable or discriminatory as applied to him or her may petition § 111.04 MISSING TEXT. and/or appear before the Council, and for good cause shown, have an equitable adjustment made in such fee. (A) ... [missing text] ... and I ... [missing text] ... (Ord. 77, passed 8-20-1981) be referred to the ... [missing text] ... the applicant's business and as the ... [missing text]... deems necessary for the protection ... [missing text] ... § 111.06 BADGES OR ID CARDS.

(B) If, ·as a result of such investigation, the The City Recorder/Manager shall issue to each applicant or business responsibility is found to be licensee at the time of the delivery of his or her license unsatisfactory, the City Recorder/Manager shall a badge or ID card, which shall contain the words endorse on the application his or her disapproval and "licensed peddler", the number of the license, the his or her reasons for disapproval and return said name of the peddler, the expiration date of the license, application with notification that the application has and shall be signed by the City Recorder/Manager. been disapproved and that no permit and license shall Such badge shall, during the time that such licensee is be issued. engaged in peddling, be worn constantly by the licensee on the front of his or her outer garment in (C) If, as a result of such investigation, the such a way as to be conspicuous. applicant's ... [missing text]... and business (Ord. 77, passed 8-20-1981) Peddlers 11

§ 111.11 REVOCATION OF LICENSE. § 111.07 TRANSFER. (A) Permits and licenses issued under the No license or badge or ID card issued under the provisions of this chapter may be revoked by the City provisions of this chapter shall be used or worn at any Recorder/Manager of the city after notice and hearing time by any person, other than the one to who it was for any of the following: issued. (Ord. 77, passed 8-20-1981) Penalty, see§ 111.99 (1) Fraud, misrepresentation or false statement ... [missing text]... of carrying on his or her business as peddler; § 111.08 NOISES. (2) Fraud, misrepresentation or false No peddler, nor any person in his or her behalf, statement ... [missing text]. .. application for license; shall shout, make an outcry, blow a horn, ring a bell, or use any sound device, including any loudspeaking (3) Any violation of this chapter; radio or sound-amplifying system, upon any of the streets, alleys, avenues, parks or other public places (4) Conviction of any crime or of said city or upon private premises in said city misdemeanor involving more ... [missing text] ... ; or where sound of sufficient volume is emitted and capable of being plainly heard a distance of 200 feet (5) Conducting the business of peddler in an or more upon the streets, avenues, alleys, parks or unlawful manner or in such a manner as to constitute other public places for the purpose of attracting a breach of the peace or to ... [missing text] ... to the attention to any goods, wares or merchandise which health, safety or general welfare of the public. such licensee propose to sell. (Ord. 77, passed 8-20-1981) Penalty, see§ 111.99 (B) Notice of the hearing for revocation of a license shall be made in writing, setting forth specifically the grounds of complaint ... [missing § 111.09 MISSING TEXT. text]. .. and place of hearing. Such notice shall be mailed, postage ... [missing text] ... licensee at his or No peddler shall ... [missing text] ... to ... [missing her last known address at least five days prior to the text] ... shall any ... [missing text]. . . permitted to ... [missing text]. . . set for the hearing. operate in ... [missing text] ... area where ... [missing (Ord. 77, passed 8-20-1981) text]... inconvenience the public for the purpose of this chapter, the judgment of a police officer ... [missing text]. .. in good faith, shall be deemed § 111.12 APPEAL. conclusive as to whether ... [missing text]... or to public impeded or inconvenienced. Any person aggrieved by the action of the City (Ord. 77, passed 8-20-1981) Penalty, see§ 111.99 Recorder/Manager in the denial of an application for a permit or license as provided in § 111. 04, or, in the decision with reference, to the revocation of a license § 111.10 EXHIBITION OF LICENSE. as provided in § 111. 11, shall have the right to appeal to the Council of the city. Such appeal shall be taken Peddlers shall be required to exhibit the license at by filing with the Council, within 14 days after the request of any citizen. ... [missing text]... of the action complained of has (Ord. 77, passed 8-20-1981) been mailed to such person's last-known address, a 12 Lakeside - Business Regulations written statement setting forth fully the grounds for the ... [missing text] .... The Council shall set a time and place for a hearing on revocation. The decision and order of the Council on such appeal shall be final and conclusive. (Ord. 77, passed 8-20-1981)

§ 111.99 PENALTY.

Violation of, or failure to comply with, any provision of this chapter is punishable, upon conviction, by a fine not to exceed $300. (Ord. 77, passed 8-20-1981) TITLE XIII: GENERAL OFFENSES

Chapter

130. CRIME PROPERTY

131. VANDALIZING

(

1 2 Lakeside - General Offenses CHAPTER 130: CRIME PROPERTY

Section

130.01 Definitions claims to have lawful care, custody, control or 130,02 Specified crime property prohibited possession of the property to be engaging or to have 130.03 Preliminary notice engaged in such criminal activity. 130.04 Complaints; burdens of proof; defenses; stay of proceedings PERSON. Any natural person, association, 130.05 Emergency closures partnership or corporation, or other form of legal 130.06 Closure order and civil penalties; entity or entity in fact capable of owning or using costs property. 130.07 Relocation costs 130.08 Relief from closure order REAL PROPERTY. Any real property, including, but not limited to, lots, parcels, buildings, houses, rooms, structures or any separate part or § 130.01 DEFINITIONS. portion thereof, whether temporary or permanent.

For the purpose of this chapter, the following SPECIFIED CRIME PROPERTY. Any kind of definitions shall apply unless the context clearly real property where a crime involving controlled indicates or requires a different meaning. substances as defined in O.R.S. Chapter 475, gambling as defined in O.R.S. 167.117, or COSTS. Those costs actually incurred by the prostitution as defined by O.R.S. 167.007, has city for the physical securing of real property, court occurred or is occurring. costs and other expenses incurred in enforcing this chapter, including attorney fees. TENANT. A residential tenant, as defined by the Oregon Residential Landlord and Tenant Act, O.R.S. ENFORCEMENT OFFICER. The Abatement Chapter 90 and any other person holding real property Officer designated by the city, or his or her designee. under the terms of a lease. (Ord. 212, passed - -) OWNER. Any person holding or claiming to hold title to real property, including, but not limited to, a mortgage in possession, a venue under land sale § 130.02 SPECIFIED CRIME PROPERTY contract, or a beneficiary under a deed of trust; any PROIDBITED. person having or claiming to have lawful care, custody, control or possession of real property who is (A) It is unlawful for any real property to be engaging or has engaged in any criminal activity on used or maintained as specified crime property within the real property which may be the basis for the city. determination the property is specified crime property, and who is known by the person holding or claiming (B) It is unlawful for any owner to use or title to the real property or who otherwise has or maintain or to allow the use or maintenance of real property as specified crime property.

3 4 Lakeside - General Offenses

(C) It is unlawful for any owner to use or occupy (3) A copy of the notice shall be served on or to allow or permit any person to use or occupy, by the occupant or occupants of the real property not less lease or otherwise, any real property during any than ten days prior to the filing of a complaint. Notice period such property is subject to an order of closure shall be made by mailing a copy of the notice by first pursuant to § 130. 06. class mail, or by personal delivery to the occupant or (Ord. 212, passed - -) Penalty, see § 10.99 occupants at the real property.

(4) A copy to the notice may be posted at § 130.03 PRELIMINARY NOTICE. the real property if ten days has elapsed from the service or mailing of the notice to the owner, and no (A) When the Abatement Officer has reasonable response has been received by the city during that grounds to believe real property has been or is being time. used or maintained in violation of § 130.02, the Abatement Officer, upon approval by the City (5) The Abatement Officer shall send a Council, may institute proceedings against the owner copy of the notice to the District Attorney for the for the closure of the real property and the imposition county, as well as any other documentation supporting of civil penalties. closure and imposition of civil penalties.

(B) The Abatement Officer shall provide (C) After notice has been given pursuant to this preliminary notice of the institution of proceedings in section, the City Council may authorize the filing of the following manner. a complaint. Nothing in this section shall limit the power of the City Council to enter into an agreement (1) The Abatement Officer shall notify the with the owner for the voluntary abatement of owner in writing that the structure is believed to be conditions giving rise to the violation. specified crime property. The notice shall contain the (Ord. 212, passed - -) following information:

(a) The street address and a legal § 130.04 COMPLAINTS; BURDENS OF PROOF; description sufficient for identification of the DEFENSES; STAY OF PROCEEDINGS. structure; and (A) An action shall be commenced by the filing (b) A statement the structure is of a complaint alleging facts constituting a violation, specified crime property, along with specific findings containing a legal description of the real property and supporting this determination. The findings shall alleging that the owner has been notified of the contain a concise description of the conditions violation at least ten days prior to the filing of the establishing a violation of this chapter. complaint.

(2) A copy of the notice shall be served on (B) The city shall have the initial burden to the owner at least ten days prior to the filing of a show, by a preponderance of the evidence, the real complaint. Service of the notice shall be made by property is the specified crime property. personal delivery or by mailing a copy of the notice by certified mail to the owner at the address as it (C) Evidence of that property's general appears on the tax rolls and the address as it appears reputation and the reputation of persons residing in or on the last recorded instrument of conveyance, if frequenting the real property shall be admissible and different from the address specified on the tax rolls, competent. and to the owner's actual address, if known to be different from the above. (D) It is a defense to an action seeking closure of the real property that the owner, at the time in Crime Property 5

question, could not in the exercise of reasonable care (a) The actions taken by the owner or or diligence determine that the real property was being owners to mitigate or correct the problem at the real used or maintained as specified crime property. property;

(E) If prior to trial, the owner and the city enter (b) The financial conditions of the into an agreement, stipulating to the abatement of the owner; conditions giving rise to the complaint, the Court upon motion by the city may stay the proceedings for a (c) Whether the problem at the real period not to exceed 60 days. The owner may property was repeated or continuous; thereafter petition the Court for additional periods of time as may be necessary to complete the actions (d) The magnitude or gravity of the stipulated to in the agreement If the owner is not problem; diligently pursuing the actions stipulated to in the agreement. If the owner is not diligently pursuing the (e) The economic or financial benefit actions stipulated to in the agreement, the city may accruing or likely to accrue to the owner as a result of apply for release of the stay at any time prior to the the failure to correct conditions at the real property; end of the stay. (Ord. 212, passed - -) (f) The cooperativeness of the owner with the city;

§ 130.05 EMERGENCY CLOSURES. (g) The cost to the city of investigating, prosecuting the cause, correcting or If the City Council determines real property is an attempting to correct the condition; and immediate threat to the public safety and welfare by virtue of activity which would establish a violation of (h) Any other factors deemed material this chapter the city may apply to the Court for a by the Court. preliminary injunction ordering closure of the real property. In such event, no preliminary notice (B) If an order of closure is granted, the city required under § 130.03 need be given. may physically secure the real property against use or (Ord. 212, passed--) occupancy if the owner fails to do so within the time specified by the order. All costs reasonably incurred by the city in such action shall be a lien upon the § 130.06 CLOSURE ORDER AND CIVIL property. PENALTIES; COSTS (C) The prevailing party shall prepare a (A) If real property is determined to be specified statement of costs, which shall be served on all other crime property, the Court may order closure of such parties and filed with the Court. If no objection to the property for a period of up to one year, and assess a statement is filed with the Court within 14 days of the civil penalty against the owner of up to $500 for each date of service, the statement of costs shall be entered day the owner had knowledge of activities or as part of the judgment. In the event the city prevails, conditions constituting the violation. a certified copy of the judgment shall be filed as a lien against the real property in the city's lien docket. (1) A person shall be deemed to have had Liens shall bear interest at the rate of 9 % per annum, knowledge at a date no later than the date preliminary commencing with the date of entry of judgment or notice is provided pursuant to § 130.03. order of closure. The prevailing party shall be entitled costs, including attorney fees, from the other party. (2) In establishing the amount of any civil (Ord. 212, passed - -) penalty, the Court may consider the following factors: 6 Lakeside - General Offenses

§ 130.07 RELOCATION COSTS.

Any tenant required to relocate by a closure order is entitled to reasonable relocation costs, to be paid by the owner, if the tenant moved into the real property after either:

(A) The owner received preliminary notice of it under§ 130.03; or

(B) The owner was served with summons and complaint for a preliminary injunction under § 130. 05. (Ord. 212, passed - -)

§ 130,08 RELIEF FROM CLOSURE ORDER.

(A) The owner of real property may obtain relief from a closure order if the owner:

(1) Appears and pays all costs associated with the proceedings;

(2) Files a bond in the amount not less than the tax-assessed value of the structure; and keeps such bond in force for a period of not less than one year; and

(3) Enters into a stipulation with the city to immediately abate the conditions, to make every effort to prevent the same or similar conditions from occurring at any time.

(B) If the owner violates any term of the stipulation entered into according to division (A) above, the entire bond shall be forfeited. (Ord. 212, passed - -) CHAPTER 131: VANDALIZING

Section

131.01 Reward vandalism against city property, the following actions 131.02 Notification of law enforcement will be taken. agency 131.03 Action against the individual (A) The city will notify the appropriate law 131.04 Criminal and civil action enforcement agency.

(B) The city will send a registered letter to the § 131.01 REW ARD. individual named (and his or her legal guardian if the individual is a juvenile) containing the following: Upon the adoption of this chapter, the city will offer a $50 reward to any individual who witnesses an (1) Notification that the city has a witness act of vandalism against city property and supplies the who will testify to the act of vandalism; city with information leading to one or more of the following ends: (2) Notification that the city will seek both criminal and civil actions against the alleged vandal (A) Arrest and criminal conviction of the vandal; (and his or her legal guardian if the vandal is a juvenile) unless all damages to the city are paid in full (B) Successful civil action against the vandal within ten days; and/or the vandal's legal guardian if the vandal is a juvenile; and/or (3) A list of damages to the city including:

(C) Payment to the city of all costs incurred by (a) Cost of all materials necessary to the city in connection with the vandalism. repair or replace that which was vandalized; (Ord. 222, passed 11-8-1998) (b) Cost of all labor necessary to repair or replace that which was vandalized; and § 131.02 NOTIFICATION OF LAW ENFORCEMENT AGENCY. (c) Cost of any reward due to witness.

All acts of vandalism against city property will (4) If payment is made in full to the city, routinely be reported to the appropriate law within ten days, all criminal charges made by the city enforcement agency. may be dropped. (Ord. 222, passed 11-8-1998) (Ord. 222, passed 11-8-1998)

§ 131.03 ACTION AGAINST THE INDIVIDUAL. § 131.04 CRIMINAL AND CIVIL ACTION.

Whenever a witness comes forward with the (A) If the alleged vandal (or his or her legal name of an individual who has committed an act of guardian) refuses to make payment to the city within

7 8 Lakeside - General Offenses

ten days the city shall seek the advice of the City Attorney, and subject to his or her advice may take any or all of the following action: seek criminal and or civil action against the alleged vandal and/or his or her legal guardian.

(B) In any civil action, the city may recover from the vandal or his or her guardian:

(1) All labor and material costs incurred by the city;

(2) All reward costs incurred by the city;

(3) All legal costs incurred by the city; and

(4) Any other legal remedy. (Ord. 222, passed 11-8-1998)

( TITLE XV: LAND USAGE

Chapter

150. GENERAL PROVISIONS

151. BUILDING REGULATIONS

152. COMPREHENSIVE PLAN

153. FLOOD DAMAGE PREVENTION

154. SUBDIVISIONS

155. ZONING CODE

1 2 Lakeside - Land Usage CHAPTER 150: GENERAL PROVISIONS

Section

150.01 Steep slope development; erosion steep slope permit is not required. The preventative control controls must be sufficient to prevent erosion and must make adequate provision to control drainage.

§ 150.01 STEEP SLOPE DEVELOPMENT; (B) Prelimina,y site plan. A preliminary site EROSION CONTROL. plan addressing drainage and erosion must be submitted to the City Recorder/Manager prior to any (A) Steep slope permit requirements. construction, grading, clearing or excavating.

(1) Slopes of 30 degrees or more shall (C) Final plan. The final plan will be submitted require a steep slope permit, and must be approved by after clearing, excavation has occurred and a footprint the City Planning Commission. An engineered erosion of the building has been established. and drainage control plan shall be submitted with the steep slope permit application. The plans for erosion (D) Unlawful acts. A landowner may not divert control will be reviewed by the City Engineer at the water onto adjoining land that would not otherwise expense of the applicant. The fee for the steep slope have flowed there. The upper landowner may not permit and the City Engineer's review cost must be change the place where the water flows onto the lower paid before the permit is issued. The preventative owner's land. The upper landowner may not controls in the erosion and drainage control plan must accumulate large quantities of water, then release it, be sufficient to prevent erosion and made adequate greatly accelerating the flow onto the lower owner's provision for drainage. The preventative controls must land. be completed within 60 days after excavation or removal of the natural ground cover. (E) Conditions. These conditions may not be waived by the City Planning Commission and shall be (2) Slopes between 15 degrees and 30 added to the planning ordinances of the city and the degrees shall require a steep slope permit. An erosion subdivision ordinances. and drainage control plan shall be submitted with the application for the steep slope permit. The steep slope (F) Permit required. All construction of areas permit and the erosion and drainage control plans over one acre requires a DEQ approved NPDES must be approved by the City Recorder/Manager. The stormwater permit. preventative controls must be sufficient to prevent erosion and must make adequate provisions to control (G) Responsibility. The property owners shall be drainage. The City Recorder/Manager may require an responsible for all damages resulting from engineering plan be submitted by the applicant. uncontrolled erosion or drainage coming from their property. The cost of cleaning city culverts, drainage (3) Slopes of zero up to 15 degrees shall ditches and roads will be billed to the property owner require an erosion and drainage plan that is approved responsible for the erosion or inadequate drainage by the City Recorder/Manager. An engineered plan or controls.

3 4 Lakeside - Land Usage

(H) Application. The above requirements pertain to all lands being developed within the city. (Ord. 225, passed 2-11-1999) CHAPTER 151: BUILDING REGULATIONS

Section

General Provisions GENERAL PROVISIONS

151.01 Administrative rules for enforcement of Building Code § 151.01 ADMINISTRATIVE RULES FOR 151.02 Property and survey required; ENFORCEMENT OF BUILDING CODE. placement; building permit The Administrative Rules for the Enforcement of State Specialty Codes the Oregon Building Code (Ord. 206) is hereby adopted by reference and incorporated into this code 151.15 Adoption of codes as fully as if set out at length herein. 151.16 Local interpretation ( Ord. 206, passed 11-14-1996) 151.17 Fees 151.18 Investigative authority and corrective action of Building Official and § 151.02 PROPERTY AND SURVEY Inspector REQUIRED; PLACEMENT; BUILDING 151.19 Violations PERMIT. 151.20 Grading Code adopted (A) All home placement and building permit Abatement of Building Nuisances applications shall be accompanied by a complete boundary description. The description shall be 151.35 Definitions accompanied by a survey map showing the location of 151.36 Nuisance declared the property for which a permit is sought and shall 151.37 Initial action show the locations, width and names of all public 151.38 Mailed notice streets, public rights-of-way, public easements within 151.39 Published and posted notices and adjacent to the property. 151.40 Hearing 151.41 Council orders; notice (B) The description and map will be provided at 151.42 Abatement by the city the expense of the property owner(s). 151.43 Assessment 151.44 Summary abatement (C) The property description and map will be 151.45 Errors in procedure reviewed by the City Recorder/Manager, staff planner or City Planning Commission as part of the plan 151.99 Penalty design review. All setbacks will be clearly identified by the city as part of the plan design review.

5 6 Lakeside - Land Usage

(D) This section does not affect subdivisions or EXCEPTIONS: The building official may planned unit developments if certified surveys are waive the submission of plans, calculations, submitted as part of the plan review. construction inspection requirements, etc., if he finds that the nature of the work (E) It is the responsibility of the property applied for is such that reviewing of plans is owner(s) to correct at his or her expense any not necessary to obtain compliance with this encroachments on to any public street, right of way or code. easement. At the time of property transfer, any response for a city lien search shall include notice of (c) Construction Inspection. The engineer any known encroachment or setback violation. No or architect in responsible charge of the building permits or placement permits will be issued structural design work shall include in the until such violations are corrected. construction documents the following: (Ord. 220, passed 10-8-1998) 1. Special inspections required by Section 306.

STATE SPECIALTY CODES 2. Other structural inspections required by the engineer or architect in responsible charge of the structural design work. § 151.15 ADOPTION OF CODES. (B) The State of Oregon Mechanical Specialty The city adopts the following codes by reference, Code (O.A.R. 918-440-0010); and each code is incorporated and made a part of this ordinance, except as specifically provided by this (C) The State of Oregon One and Two Family section: Dwelling Specialty Code (O.A.R. 918-480-0005);

(A) The State of Oregon Structural Specialty (D) The State of Oregon Plumbing Specialty Code (O.A.R. 918-460-0010) including§§ 104(d) and Code (O.A.R. 918-750-0110); 203, except that § 302(b) and (c) are amended to read as follows: (E) The State of Oregon Electrical Specialty Code (O.A.R. 918-305-0000 to 918-305-0700). (b) Plans and Specifications. Plans, Electrical plan reviews are required as per O.A.R. engineering calculations, diagrams, and 918-305-0500 to 918-305-0520 for all nonresidential other data shall be submitted in one or more occupancies and residential occupancies in excess of sets with each application for a permit. The two dwelling units. Minor installation labels shall be building official may require plans, permitted in accordance with (O.A.R. 918-309-0210 computations, and specifications to be through 918-309-0260); prepared and designed by an engineer or architect licensed by the state to practice as (F) Manufactured Dwelling and Cabana such. Installation Standards (O.A.R. 918-Division 520). Manufactured Dwelling and Manufactured Dwelling Submittals shall include construction Accessory Building or Structure Standards (O.A.R. inspection requirements as defined in 918-Division 520). Manufactured Dwelling Section 302( c). heat-producing appliances (O.A.R. 918-Division 520); Building Regulations 7

(G) Mobile Home Parks (O.A.R. 918-Division (2) Mechanical, § 304 and Table No. 3-A 600); and thereof;

(H) Recreational Parks and Organizational (3) One and Two Family Dwelling, Section Camps (O.A.R. 918-Division 650). R. 110.2 and State of Oregon adopted fee schedules, (Ord. 158, passed 6-28-1993) tables, Structural Permit Fees Page 2.E, Mechanical Permit Fees Pages 2.F and 2.G, Plumbing Permit Fees Page 2.H, and Electrical Permit Fees Page 2.1 § 151.16 LOCAL INTERPRETATION. thereof;

(A) The City Board of Appeals shall be the City (4) Plumbing, § 20.7, and Attachment A; Council which shall have no authority to waive requirements of a specialty code. (5) Electrical as indicated in Attachment B Electrical Fee Table. Limited energy permit fees shall (B) A person affected by a ruling of the Building be $40, as indicated on the electrical specialty permit Official may appeal the ruling to the Board of Appeals application form. Minor electrical labels shall be $50 within 30 days of the ruling with further appeal to the per ten minor labels; appropriate state specialty code board. (6) Manufactured Dwelling, Cabana, (C) The city recognizes that a person may Accessory and Appliances (installations), O.A.R. request a ruling from the Administrator of the State 918-500-0100; Building Codes Agency prior to submitting an application to the city for a permit or after (7) Mobile Home Parks, O.A.R. withdrawing a previously submitted application. 918-600-0030; and

(D) Electrical Code appeals shall be processed to (8) Recreational Parks and Organizational the City Lead Electrical Inspector who will render a Camps, O.A.R. 918-650-0030. final decision. Appeals from final decisions made by (Ord. 158, passed 6-28-1993) the City Electrical Inspector on electrical installations or electrical products shall be made to the State Chief Electrical Inspector according to the provisions of § 151.18 INVESTIGATIVE AUTHORITY AND O.R.S. 479.853 and O.A.R. 918-305-0470. CORRECTIVE AC'I:'ION OF BUILDING (Ord. 158, passed 6-28-1993) OFFICIAL AND INSPECTOR.

(A) In addition to any other authority and power § 151.17 FEES. granted to the Building Official or delegated inspector under the specialty codes adopted by this subchapter, (A) Value or valuation of a building or structure except where inconsistent with other provisions of the shall be determined as established by Structural law, the Building Official or delegated inspector may Specialty Code §§ 304(b) and 423 as adopted by enforce the provisions of the specialty codes against § 151.15(A). any person regardless of whether a permit, certificate, license or other indicia of authority has been issued. (B) Permit, plan checking, investigation and other fees charged by the Building Official shall be as (B) The Building Official or delegated inspector established in the specialty codes listed below as may investigate, order corrective action and if an adopted by § 151.15(A) and as follows: immediate hazard to health and safety in imminent, issue an order to stop all or any work under the (1) Structural (building), § 304 and Table applicable specialty code. No. 3-A thereof; (Ord. 158, passed 6-28-1993) 8 Lakeside - Land Usage

DANGEROUS BUILDING. § 151.19 VIOLATIONS. (1) A structure that, for lack of proper (A) It shall be unlawful for a person, firm or repairs, or because of age and dilapidated condition or corporation to erect, construct, enlarge, alter, repair, of poorly installed electrical wiring or equipment, move, improve, remove, convert or demolish, equip, defective chimney, gas connection or heating use, occupy or maintain any building or structure, apparatus, or for any other reason, is liable to cause mechanical system or equipment, plumbing system or fire, and which is situated or occupied in a manner fixtures, electrical system or equipment or cause or that endangers other property or human life. permit the same to be done in violation of a specialty code or other regulation established by §§ 151.15 (2) A structure containing combustible or through 151.20. explosive materials or inflammable substances liable to cause fire or danger to the safety of the building, (B) It shall be unlawful for a person, firm or premises or to human life. corporation to construct, enlarge, alter, repair, move, improve, convert or demolish, set up, use, occupy or (3) A structure that is in a filthy or maintain any manufactured dwelling, accessory unsanitary condition liable to cause the spread of structure or appliances, manufactured dwelling park contagious or infectious disease. or recreational park or camp or cause or permit the same to be done in violation of a specialty code or (4) A structure in such weak, dilapidated or other regulation established by §§ 151.15 through deteriorated condition that it endangers a person or 151.20. property because of the probability of partial or entire (Ord. 158, passed 6-28-1993) collapse.

PERSON. Every natural person, firm, § 151.20 GRADING CODE ADOPTED. partnership association or corporation. (Ord. 181, passed 6-6-1994) A publication, a copy of which is on file with the Building Official, marked and entitled Appendix Chapter 33 of the Uniform Building Code, adopted by § 151.36 NUISANCE DECLARED. the State of Oregon, 2000 edition, is hereby adopted in its entirety, as the codes of the city for regulating Every building found by the Council to be a and controlling the removal or relocation of earthwork dangerous building is declared to be a public nuisance construction is hereby adopted. and may be abated by the procedures specified in this (Ord. 03-243, passed 11-14-2003) ordinance or by a suit for abatement brought by the city. (Ord. 181, passed 6-6-1994)

ABATEMENT OF BUILDING NUISANCES § 151.37 INITIAL ACTION.

§ 151.35 DEFINITIONS. When a city official determines that there is a dangerous building, the official shall report it to the For the purpose of this subchapter, the following Council. The Council shall, within a reasonable time, definitions shall apply unless the context clearly fix a time and place for a public hearing. indicates or requires a different meaning. (Ord. 181, passed 6-6-1994) Building Regulations 9

§ 151.38 MAILED NOTICE. owner of the building, the owner's agent or other person controlling it. If the orders are not obeyed and (A) The City Recorder/Manager shall notify the the building not made safe within the time specified by owner of the building and, if not the same person, the the order (being not less than five days), the Council owner of the property on which the building is may order the building demolished or made safe at the situated. The notice shall state: expense of the property on which it is situated. (Ord. 181, passed 6-6-1994) ( 1) A hearing will be held concerning the nuisance character of the property; and § 151.42 ABATEMENT BY THE CITY. (2) The time and place of the hearing. (A) If the Council orders are not complied with, (B) A copy of this notice shall be posted on the the Council may: property. (Ord. 181, passed 6-6-1994) (1) Specify the work to be done;

(2) File a statement with the City § 151.39 PUBLISHED AND POSTED NOTICES. Recorder/Manager; and

Ten days' notice of the hearing shall be published (3) Advertise for bids for doing the work in in a newspaper of general circulation in the city or by the manner provided for advertising for bids for street posting notices in three public places in the city. improvement work, (Ord. 181, passed 6-6-1994) (B) Bids shall be received, opened and the contract let. § 151.40 HEARING. (Ord. 181, passed 6-6-1994)

(A) At the hearing, the owner or other persons interested in the dangerous building shall have a right § 151.43 ASSESSMENT. to be heard. (A) The Council shall determine the probable (B) The Council may inspect the building and cost of the work and assess the cost against the may consider the facts observed by it in determining property upon which the building is situated. The if the building is dangerous. assessment shall be declared by resolution, and it shall be entered in the docket of city liens and become a (C) If the Council determines that the building is lien against the property. dangerous, the Council may by resolution: (B) The creation of the lien and the collection (1) Order the building to be abated; or and enforcement of the cost shall be performed in substantially the same manner as assessments for (2) Order the building to be made safe and street improvements. prescribe what must be done to make it safe. (Ord. 181, passed 6-6-1994) (Ord. 181, passed 6-6-1994)

§ 151.44 SUMMARY ABATEMENT. § 151.41 COUNCIL ORDERS; NOTICE. The procedures of this subchapter need not be Five days' notice of the Council's findings and followed if a building is unmistakably dangerous and any orders made by the Council shall be given to the imminently endangers human life or property, In this Lakeside - Land Usage

instance, the Chief of the Fire Department, the Fire Marshal or the law enforcement officer may summarily demolish the building. (Ord. 181, passed 6-6-1994)

§ 151.45 ERRORS IN PROCEDURE.

Failure to conform to the requirements of this subchapter that does not substantially affect a legal right of a person does not invalidate a proceeding under this subchapter. (Ord. 181, passed 6-6-1994)

§ 151.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10. 99.

(B) (1) The provisions and penalties herein are in addition to those remedies established for trades licensing under O.R.S. Chapters 446, 447, 455, 479 and 693 more specifically O.R.S. 446.990, 447.992, 455.895, 479.990 and 693.190 penalty provisions.

(2) A violation of§ 151.19 is punishable by a fine not to exceed $1,000 per violation. In the case of a continuing violation, every day's continuance of the violation is a separate offense.

(C) A person who owns or is in possession or in charge of a dangerous building, and who allows the building to remain dangerous for as long as ten days after receipt of the notice specified in§ 151.41, may be fined not more than $250. Each day following the tenth day after receipt of notice, a violation of this notice continues. (Ord. 158, passed 6-28-1993; Ord. 181, passed 6-6-1994) CHAPTER 152: COMPREHENSIVE PLAN

Section

152.01 Adoption

§ 152.01 ADOPTION.

The Comprehensive Plan, as amended, is hereby adopted by reference and incorporated into this code as fully as if set out at length herein. (Ord. 200, passed - -; Ord. 116, passed 3-19-1987; Ord. 227, passed 12-9-1999; Ord. 13-276, passed 1-9-2014)

11 12 Lakeside - Land Usage CHAPTER 153: FLOOD DAMAGE PREVENTION

Section

153.01 Adoption

§ 153.01 ADOPTION.

The flood damage prevention ordinance, as amended, is hereby adopted by reference and incorporated into this code as fully as if set out at length herein. (Ord. 09-266, passed 3-11-2010)

13 14 Lakeside - Land Usage CHAPTER 154: SUBDIVISIONS

Section

154.01 - Adoption

§ 154.01 ADOPTION.

The subdivision regulations, as amended, are hereby adopted by reference and incorporated into this code as fully as if set out at length herein. (Ord. 194, passed 9-14-1995)

15 16 . Lakeside - Land Usage CHAPTER 155: ZONING CODE

Section

155.01 Adoption

§ 155.01 ADOPTIONo

The Zoning Code, as amended, is hereby adopted by reference and incorporated into this code as fully as if set out at length herein. (Ord. 168, passed 5-12-1994; Ord. 208, passed - -; Ord. 211, passed 11-13-1997; Ord. 218, passed 8-13-1998; Ord. 229, passed 12-9-1999; Ord. 232, passed 10-12-2000; Ord. 03-242, passed 4-10-2003; Ord. 06-255, passed 4-13-2006; Ord. 07-258, passed 4-12-2007; Ord. 15-284, passed 5-14-2015)

(

17 2016 S-1 18 Lakeside - Land Usage ZONING ORDINANCE

FOR THE

CITY OF LAKESIDE

Ordinance Number 168

1; : l \ Forn1erly Ordinance -119~

ADOPTED: 19 MAY 1984

AMENDED: 19 MARCH 1987

AMENDED: 12 MAY 1994

I l TABLE OF CONTENTS

Page

ARTICLE 1. ZONING ADMINISTRATION

ADMINISTRATIVE REGULATIONS 1

Section 1.000 Title ...... 1 Section1.010 Scope ...... 1 Section 1.020 Purpose ...... , ...... , . ,. . . 1 Section 1 . 030 · Interpretation , ...... , , . , ...... 2 Section 1 . 040 Severability ...... , .. , ...... 2

AMENDMENTS AND CHANGES ...... , 3

Section 1. 1 00 Purpose ...... , ...... 3 Section 1,105 Introduction ... , ...... , ...... , , . , 3 Section 1. 110 Application Fees ...... , . . . . . 3 Section 1. 115 Application ...... , ...... , , . . 4 Section 1. 120 Public Hearing and Notice ...... , ...... 4 Section 1. 1 25 Action by the Planning Commission , ...... , . . 6 Section 1. 130 Action by the City Council ...... , ...... 7 ( Section 1. 135 Notice of Action or Decision ...... , . , . . . 7 Section 1, 140 Appeals ...... 8 Section 1. 1 50 Limitations on ·the Renewal or Refiling of Applications . . 8

ENFORCEMENT ...... , ...... , ...... , ...... 9

Section 1. 200 Building Inspector ...... , ...... , . . . 9 Section 1.210 Abatement ... , .. , ...... , .. , ...... 9 Section 1.220 Violation and Penalties .... , .. , ...... , ...... 9 Section 1.230 Each Day a Separate Offense .. , ..... , .. , . , . . . . 9

ESTABLISHMENT OF ZONES ..... , ...... 10

Section 1.300 Classification of Zones .. , ...... , . , .... , . , . 10.

BOUNDARIES . , .. , ... , ...... 11

Section 1.400 Uncertainties of Boundaries ...... , ...... 11 Section 1.410 Changes in Boundaries ...... 11 ZONING OF ANNEXED AREAS , ... , , ...... , 12 Section 1. 500 Procedure ...... 12

( , Lakeside Zoning Ordinance Page i Table of Contents (Cont.} ( - Page

ARTICLE 2. GENERAL PROVISIONS ...... 13

Section 2. 000 Building Permits ...... 13 Section 2.005 Occupancy Permits ...... 13 Section 2.010 ~n Clearance ...... 14 Section 2.015 Fences, Hedges, Wall, and Other Structures ...... 14 Section 2. 020 General Exceptions to Lot Size-Requirements ...... 15 Section 2.025 Access ...... 15 Section 2.030 Buildin_gj;,etback Requirements ...... 15 Section 2.035 Height Restrictions ...... 16 Section 2.040 Special Regulations Applying to Mobile Homes ...... 16 Section 2. 045 Special Regulations Applying to Manufactured Homes. . 16 Section 2.050 Special Regulations Applying to Home Occupations and Cottage Industries ...... 17 Section 2.055 Special Regulations Applying to Areas of Active Sand Dunes ...... 17 Section 2. 060 .;,.12ecial Regulations Applying to Noise Pollution ...... 18 I Section 2.065 Special Regulations Applying to Shorelands ...... 18 I Section 2.070 yeologic Hazards Protection ...... 18 1! ( Section 2.075 Similar Uses ...... : ...... 19 I Section 2.080 AQplication ...... 19 Section 2.085 Exemption from Partitioning ...... 19

ARTICLE 3. DEFINITIONS ...... 20

Section 3.000 ,Definitions ...... · ...... 20

ARTICLE 4. RESIDENTIAL ZONES ...... 33

GENERAL SINGLE-FAMILY (G-S) ...... 33

Section 4.000 General Single Family Zone (G-S) ...... : ... . 33 Section 4.010 Permitted Buildings and Uses ...... 33 Section 4.020 Buildings and Uses Permitted Conditionally ...... 33 Section 4.030 Lot Requirement§ ...... 34 Section 4.040 Lot Pimensions ...... 34 Section 4. 050 Yard Regulations ...... 34 Section 4.060 Site and Development Provisions ...... 34

MULTI-FAMILY RESIDENTIAL (M-R) ...... 36

( Lakeside Zoning Ordinance Page ii Table of Contents (Cont.)

-( Page

Section 4. 100 Multi-Family Residential Zone (M-R) ...... 36 Section 4.110 Permitted Buildings and Uses ...... 36 Section 4.120 Buildings and Uses Permitted Conditionally ...... 36 Section 4. 130 Lot requirements ...... , .. , .... , . , . 37 Section 4.140 Lot Dimensions ...... 37 Section 4.1 50 Yard Regulations ...... , . . . . 37 Section 4. 160 Site and Development Provisions .. , ... , .... 37

RECREATIONAL RESIDENTIAL (R-Rl ...... 39

Section 4.200 Recreational Residential Zone (R-R) ...... 39 Section 4.210 Permitted Buildings and Uses ...... 39 Section 4.220 Buildings and Uses Permitted Conditionally ... , ..... · 39 Section 4.230 Lot Requirements . , ...... , ...... 40 Section 4.240 Lot Dimensions ...... , ...... , . . 40 Section 4.250 Yard Regulations .. , ...... , . 40 Section 4.260 Site and Development Provisions ...... 40

~· · · flCLE 5. COMMERCIAL DISTRICTS ... , . , ...... 41

( GENERAL COMMERCIAL (G-C) ...... , ...... 41

Section. 5.100 General Commercial Zone {G-C) ... , ... , ...... , . 41 Section 5.110 Permitted Buildings and Uses ...... , ...... 41 Section 5.120 _Buildings and Uses Permitted Conditionally ...... , . 42 Section 5. 130 Lot Requirements , , , , ...... , ..... , . 42 Section 5. 140 Lot Dimensions .... , ..... , ...... , ...... 42 Section 5. 150 Yard Regulations ... , ...... , ..... , ... , . , 43 Section 5. 160 Site and Development Provisions ...... , ... , . 43

MARINE COMMERCIAL (M-C) ...... 44

Section 5.200 Marine Commercial Zone (M-C) ...... , ...... 44 Section 5.210 Permitted Buildings and Uses ...... , ..... 44 Section 5.220 Buildings and Uses Permitted Conditionally if Water Related 44 Section 5.230 Lot Requirements ... , . , ... , ...... , ...... 45 Section 5.240 Lot Dimensions ...... , .... , . , ...... , .... . 45 Section 5.250 Yard Regulations . : .... , ..... , ...... 45 Section 5.260 Site and Development Provisions ..... , ...... 45

Lakeside Zoning Ordinance Page iii ( Table of Contents (Cont.)

(

ARTICLE 6. INDUSTRIAL DISTRICTS ...... 46

LIGHT INDUSTRIAL (L-1) ...... 46

Section 6.1.00 Light Industrial Zone (L-1) ...... , , , ..... , ..... , 46 Section 6.110 Permitted Buildings and Uses ...... 46 Section 6.120 Buildings and Uses Permitted Conditionally .. , ...... 46 Section 6.130 Lot Requirements .... , ...... 47 Section 6.140 Lot Dimensions , ...... , . , . 47 Section 6.150 Yard regulations ...... , ... . 47 Section 6.150 Site and Development Provisions ...... , , ...... 47

HEAVY INDUSTRIAL (H-1) ...... , .. . 49 Section 6.200 Heavy Industrial Zone (H-ll ...... 49 I Section 6.210 Permitted Buildings and Uses , ...... 4-9 Section 6.220 Buildings and Uses Permitted Conditional]y_ ...... 49 I Section 6.230 Lot Requirements .. , ...... , ...... 49 ' Section 6.240 Lot Dimens_ions ...... , ...... 49 Section 5.250 Yard Regulations ...... , ...... , ...... 50 Section 5.260 Site and Development Provisions ...... 50 ARTICLE 7. OPEN SPACE DISTRICT ...... 51 I Section 7 .100 Open S12_ace Zone , ...... , .... . 51 Section 7.110 Permitted Buildings and Uses ...... 51 iI Section 7 .120 Buildings and Uses Permitted Conditionally ...... , .. 51 Section 7 .130 Lot Requirements . , ...... , . , ...... , ...... , 52 Section 7.14-0 Lot Dimensions ...... 52 Section 7.150 Yard Regulations ...... 52 Section 7 .160 Conditional Use Approval Criteria and Conditions .... . 52

ARTICLE 8. WATER USE DISTRICT ...... 53 Section 8.100 Water Use Zone (W-Ul ...... 53 I Section 8.11 0 Permitted Uses and Buildings ...... 53 Section 8. 120 Buildinas and Uses Permitted Conditionally ...... 53 I I ARTICLE 9. PUBLIC FACILITY DISTRICT ...... 54-

( ,I Lakeside Zoning Ordinance Page iv Table of Contents {Cont.)

( Page

Section 9.100 Public Facility Zone (P-FI ...... 54 Sec_tion 9.110 Permitted Buildings and Uses ...... 54 Section 9.120 Buildings and Uses Permitted Conditionally ...... 54 Section 9.130 Lot Requirements ...... 54 Section 9, 140 Commercial Exhibit and Public Events Permits . . . 55

ARTICLE 10: PLANNED UNIT DEVELOPMENT ZONE {P-D) ...... 56

Section 10.100 Planned Unit Development Zone (P-D) ...... 56 Section 10.11 0 _Permitted Buildings and Uses ...... 56 Section 10.120 Buildings and Uses Permitted Conditionally ...... 57 Section 10. 130 Development Standards ...... 58 Section 10.140 Yard Regulations, Parking Requirements, Wood Fences, Walls and Other Structures ...... 58 Section 10.150 Q.Q.en Space ...... 58 Section 10.160 Construction Standards ...... 59 Section 10.170 Dedication and Maintenance of Facilities ...... 59 ,.

AIRPORT APPROACH {A-A) ...... 68

Section 11. 100 Airport Approach Zone (A-Al ...... 68 Section 11.110 Special Definitions ...... 68 Section 11 .120 AP.Plication of Airport Approach Provisions ...... 68 Section 11. 130 Permitted Uses Not Requiring An Airport Approach Permit ...... 69 Section 11. 140 Permitted Uses Requiring An Airport Approach Permit . 69 Section 11 .1 50 Procedure ...... 69 Section 11.160 Limitations ...... 69

FLOOD PLAIN ZONE {F-P) ...... 71

Section 11.200 Flood Plain Zone {F-P) ...... 71 Section 11.205 Special Definitions ...... 71 Section 11.210 Lands to Which This Ordinance Applies ...... 72 Section 11.215 Basis for Establishing the Areas of Special Flood "',..... l:!azard ...... 72

( Lakeside Zoning Ordinance Page v ,., Table of Contents (Cont.)

Section 11.220 Establishment of Development Permit ...... 72 Section 11.222 Designation of the Planning Comn:Jission ...... 72 Section 11. 230 Duties and Responsibilities of the Planning Commission ...... 72 Section 11 :240 General Standards ...... 74 Section 11.250 Specific Standards ...... 75 Section 11.260 Floodways ...... 77

YOUNGER STABILIZED DUNES (Y-S) ...... 79

Section 11. 300 Younger Stabilized Dune Zone (Y-S) ...... 79 Section 11.310 Special Definitions ...... 79 Section 11.320 Application of Younger Stabilized Dune Provisions . . . 79 Section 11. 330 Permitted Uses ...... 79 Section 11. 340 Conditional Uses ...... 79 Section 11. 350 Procedure ...... 80 Section 11.360 Minimun1 Requirements ...... 80

STEEP SLOPES (S-S) , ...... 81

Section 11.400 Steep Slopes Zone (S-Sl ...... 81 Section 11.410 .fu!s,cial Definitions ...... 81 Section 11 .420 Application of the Steep Slopes Provisions ...... 81 Section 11. 430 Permitted Uses ...... 81 Section 11 .440 Conditional Uses ...... 82 Section 11 .450 Procedure ...... 82 Section 11 .460 Minimum Requirements ...... 82

ARTICLE 12. CONDITIONAL USE PERMITS ...... 84

Section 12.100 Description and Purpose ...... 84 Section 12. 105 Use Permit Prerequisite to Building ...... 84 Section 12.110 Applications, etc ...... 85 Section 12. 115 Public Hearing and Notice ...... , ...... 85 Section 12.120 Action ...... 85 Section 12.125 Effective Date ...... 85 Section 1 2. 130 Expiration of Conditional Use Permits ...... 85 Section 1 2. 135 B.si_yocation ...... 86 Section 12.140 S::,eneral Criteria ...... 86 Section 12. 145 General Conditions ...... 86

{ ' Lakeside Zoning Ordinance Page vi -;.tile of Contents (Cont.)

Page

Section 12.1 50 Additional Conditions ...... 87

ARTICLE 13. OFF-STREET PARKING REQUIREMENTS ...... 98

Section 13.100 Off-Street Parking Requirements ...... 98 Section 13.110 Parking Spaces Reguired ...... 98 Section 13.120 Parking Requirements tor Uses Not Specified ...... 100 Section 13.130 Common Facilities for Mixed Uses ...... 100 Section 13.140 Parking Area Improvements ...... 100 Section 13.150 Parking Space Dimensions ...... 1 O 1 Section 13. 160 Off-Street Loading ...... 101

ARTICLE 14. SIGNS ...... , 103

Section 14.000 General.Regulations .... , ...... 103 Section 14.010 Permitted Sign Uses in All Districts ... , ...... 103 Section 14.020 Signs in G-S, M-R, and R-R Districts ...... , . , ... 104 Section 14.030 Signs in the Planned Unit Development (P-D) District . 104 ( Section 14. 040 Signs in the General or Marine Commercial District ... 105 Section 14.050 Signs in the L-1 and H-1 Districts ...... 105 Section 14.060 Signs in Open Space Districts ...... , ...... 1 05 Section 14.070 Other Signs ...... , ...... 105

ARTICLE 15. NON-CONFORMING USES ...... 107

Section 1 5.000 Purpose ...... , ...... , ...... 107 Section 15.010 Continuation of a Non-conforming Use or Structure .. 107 Section 15.020 Undersized Lots of Record ...... 107 Section 15.030 ,Discontinuation of a Non-Conforming Use or Structure ..... , ...... 108 Section 15.040 Change of Non-Conforming Us~ ...... 108

ARTICLE 16. VARIANCES ...... 109

Section 16.000 Purpose ...... 109 Section 16.010 Limitations ...... , ...... 109 Section 16.020 Application ...... , .... , ... 109 Section 16.030 Conditions . , ...... , .... 110 ·""- Section 16.040 Period of Validity ...... 110 Section 16.050 Public Hearing ...... , .... , , ... 110

Lakeside Zoning Ordinance Page vii ARTICLE 1. ZONING ADMINISTRATION (

ADMINISTRATIVE REGULATIONS

SECTION:

1.000: Title 1.010: Scope 1.020: Purpose 1. 030: Interpretation 1. 040: Severability

Section 1.000 Title. This code shall be known as the "Zoning Code of the City of Lakeside, Oregon", and the map herein referred to shall be known as the "Zoning map of the City of Lakeside, Oregon." This map and explanatory material shall be hereby adopted and made a part of this title:

Section 1.010 Scope. No building or land shall hereafter be used and no building or part thereof shall be e.rected, moved, or altered unless in conformity with the regulations herein specified for the district in which it is located, except as otherwise provided therein. No permit for the construction or alteration of any building shall be issued unless the plans, specifications and use of such building conform in all respects with the provisions of this code.

Section 1.020 Purpose. The purpose of this code is to establish, for the City of Lakeside, a comprehensive zoning plan. The zoning plan is designed to:

1. encourage the most appropriate use of land in accordance with the Comprehensive Plan and development pattern for the City of Lakeside; ,I 2. to conserve and stabilize the value of property; 3. to aid in rendering fire and police protection; I 4. to provide for adequate light and air; 5. to avoid congestion; 6. to encourage the orderly growth of the City; 7. to facilitate adequate provisions for community facilities; 8. to provide for the adequate use and conservation of natural resources; to maintain and where possible enhance the quality of air, land, and water resources; 9. to provide adequate space for recreational opportunity; to promote the economic well being of the City and to provide areas for economic I development; 10. to provide adequate space for housing;

Lakeside Zoning Ordinance Page 1 11 . to reserve and protect areas needed for educational facilities; to conserve ..,....., energy; , ( ;L• to comply with the provisions of State Law and the Land Conservation and Development Commission; 13. and generally promote public health, safety, convenience, and general welfare of the people.

Section 1 .D30 Interpretation. Where a condition imposed by any provision of this ordinance is less restrictive than a comparable provision imposed by any other provisions of this or of any other ordinance, statutes, resolutions, law or regulation, the provisions which are more restrictive shall govern. It shall be the duty of the Planning Commission to:

1 . Interpret the provisions of the code in such a way as to carry out their intent and purpose.

2. Rule on the proper application to interpret the meaning of the zoning code in case there is dispute between the administrative officials of the City and any owner or owners of a property.

Section 1.040 Severability. The provisions of this ordinance are severable. If any portion of this code is, for any reason, declared by a court of competent jurisdiction to be invalid or ineffective in whole or in part, such decision shall not ,,-;ect the validity of the remaining portions thereof. The City Council hereby , --aclares it would have enacted this code and each portion thereof irrespective of t the fact that any one or more portions be declared invalid or ineffective. '

I

I

I 1: ! !'\ ii ff j

., Lakeside Zoning Ordinance Page 2 AMENDMENTS AND CHANGES

SECTION:

1.100: Purpose 1. 105: Introduction 1. 110: Application Fees 1. 115: Application, 1.120: Public Hearing and Notice 1.125: Action by the Planning Commission 1 .130: Action by the City Council 1.135: Notice of Action or Decision 1.140: Appeals 1.145: Resolution of Intent to Re-Zone 1.150: Limitations on the Renewal or Refiling of Applications

Section 1.100 Purpose. The Lakeside Comprehensive Plan will be reviewed and revised periodically. As changes are made in the plan, there may also be a need to make changes in this ordinance.

Section 1.105 Introduction. A quasi-judicial change to the text of this ordinance or to a zoning map may be initiated by the City Council, City Planning Commission, or by application of a property owner. A zone change or any change in the boundaries of any district or a request for a variance or a Conditional Use Permit may be initiated by the owner of the land in consideration. If the area for which a change of district is proposed, is divided by more than_ one ownership, at least 51 percent of the property owners or authorized agents shall join in filing the application. A legislative change in zoning district boundaries, in the text of this code, or in the Comprehensive Plan may be initiated by resolution of the Planning Commission or by a request of the Council to the Planning Commission that proposes changes be considered by the Commission and its recommendation returned to the Council.

Section 1.11 O Al)plication Fees. When proceedings are by a property owner, the following fees shall be paid as a condition of filing:

1. Change of Zone As set by resolution of City Council 2. Conditional Use Permit As set by resolution of City Council 3. Variance As set by resolution of City Council 4. Appeal As set by resolution of City Council 5. Plan Amendment As set by resolution of City Council

I Lakeside Zoning Ordinance Page 3 , ~1.1ch fees shall not exceed the cost to the city for the processing the application. ( ~, bost can either be an estimated average cost developed from historical data or --rrt;'tt(al cost. The cost shall also include those reasonable costs incurred for professional review by attorneys, engineers, surveyors, planners or other professional review as deemed appropriate by the City Council or Planning Commission. Such costs are in addition to fees and will be billed as actuals.

Section 1.'115 APPiication.

The property owner initiating a proceeding under this ordinance will file an application with the City recorder on forms provided by the City. Applications:

1. May be received by the City Recorder at any time and shall not be considered as accepted solely because of having been received.

2. Shall be reviewed by the City Recorder within 14 days to determine if the application is complete, including required drawings, plans, forms, statements and fees paid.

3. Shall be determined to be complete and shall be accepted when the required information, forms, and fees are included.

Shall not be accepted when the Planning Director determines that an ( application is incomplete. When an application is incomplete, the Planning Director shall mail written notice to the applicant and disclose exactly what information, forms or fees are lacking. The application shall be deemed complete by the Planning Director upon receipt of the missing information, forms or fees. If the applicant refuses to submit the missing information or forms, the application shall be deemed complete for review and action on the 31st day after the Planning Director first received the application. The City shall mail written notice to the applicant when the application is accepted.

2. The Planning Commission shall set the date of the public hearing, at which the application shall be heard, for the earliest practical meeting of the Planning Commission, following the Planning Director's approval of the form of the application. In setting the date of the hearing, the Planning Commission shall take into consideration the time required for proper notice at such hearing in accordance with Section 1. 140 of this Ordinance.

Section 1 .120 Public Hearing and Notice. The Planning Commission shall conduct a public hearing on each complete application filed with the City Recorder at the earliest practicable meeting after the application has been filed. Any such hearing may be continued by oral pronouncement prior to the close of such hearing and .~ch announcement shall serve as sufficient notice of such to applicants, adverse ties, and interested persons without recourse to the form and manner of the / Lakeside Zoning Ordinance Page 4 public notice as provided in this section. The time, date, and location of any continued meeting shall be clearly specified in the oral pronouncement.

1. Notice of the public hearing for each application shall be by one publication in a newspaper of general circulation in the City, not more than once each week, the first notice being at least 20 days before that public hearing.

2. In addition, notice of the hearing shall be provided to the applicant and to the owners of record of property within 100 feet of the property for which the proceedings are being held. The mail notice shall be by first class mail at least 10 days prior to the date of the hearing. ' 3. Additional notice of public hearing may be given by posting the notice of hearing at least 7 days, but not more than 30 days prior to the date of the public hearing, both at the City Hall and in front of the property.

4. Failure of a person to receive the notice prescribed in this section shall not impair the validity of the hearing.

5. Information required in the notice of public hearing shall be as follows:

a. Description and street address (or other easily understood geographical reference to the subject property} of the property under consideration. The description shall be a legal description, The applicant shall furnish the description.

b. Description of the proposed use of the property.

c. List of the applicable criteria from the ordinance and the plan that apply to the application at issue.

d. The nature of the proposal or hearing.

e. The time and place and before whom such hearing is to be held.

f. Substantiation by the individual(s) seeking the zone change, that such a change is in accordance with Lakeside's Comprehensive Plan, and that it is in the best interest of the public health, safety, and welfare.

g. Statement that the failure of an issue to be raised in a hearing, in person or by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue precludes further appeal based on that issue.

h. Statement that a copy of the application will be available for inspection at no cost and will be provided at reasonable cost.

I 1 Lakeside Zoning Ordinance Page 5 i. Include the name of a local government representative to contact and a telephone number where additional information may be obtained. ( u. With respect to hearing procedures:

a. At the commencement of any quasi-judicial hearing required by this code, a statement shall be made to those in attendance that:

i. Lists the applicable substantive criteria.

ii. States that the testimony and evidence must be directed toward the criteria described in paragraph {i) of this subsection or other criteria in the plan or land use regulations which the person believes to apply to the decision. ·

iii. 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 further appeal based on that issue.

b. The record shall be closed upon conclusion of the evidentiary hearing unless there is a continuance. If a participant so requests before the conclusion of the initial evidentiary hearing, the record shall remain open. ( C. When a quasi-judicial proceeding's record is reopened 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.

d. If additional documents or evidence is provided in support of the application, any party shall be entitled to a continuance of the hearing. Such an continuance shall not be subject to the limitations of ORS 215.428 or 227.178.

e. The failure of the property owner to receive notice as provided in this section shall not invalidate such proceedings if the City can demonstrate by affidavit that such notice was given. The notice provisions of this section shall not restrict the giving of notice by other means, including posting, newspaper publication, and radio or television.

Section 1.125 Action by the Plan11ing Commissjon. All recommendations and decisions of the Planning Commission under this code shall be made in a public hearing.

Lakeside Zoning Ordinance Page 6 1. At the public hearing, the Planning Commission shall receive all evidence ( deemed relevant to the issue. It shall then set forth in the record what it found to be the facts supported by reliable, probative, and substantive evidence.

2. Conclusions drawn from the facts shall state whether the ordinance requirements were met, whether the Comprehensive Plan was complied with, and whether the requirements of the State law were met.

3. Zone Change and Intent to Rezone. The Planning Commission shall, after the hearing, recommend to the City Council approval, disapproval, or approval with modifications with specific findings of fact as to whether the change of zone is required to achieve the objectives of the zoning code as prescribed in this code and whether such change would be consistent with the purpose and intended application of the zone classification.

4. Other actions. The other actions or decisions on this code of the Planning Commission shall, after the hearing, be based on specific findings of fact and shall be final Lmless appealed. The City Council may on its own motion review any proceedings as an appeal of the Planning Commission's action.

5. Final action. The City Council of the City of Lakeside shall take final action on an application for a permit or zone change, including resolution of all appeals under Section 1.140 and in accordance with ORS 227.180 within ( 120 days after the application is determined complete. \ The City of Lakeside has established a consolidated procedure by which an applicant may apply at one time for all permits or, zone changes needed for a I development project. This consolidated procedure is subject to the time limits set out in ORS 227 .178 and is incorporated in this zoning ordinance. This procedure is available for use at the option of the applicant, and has been made available for use following Lakeside's periodic review provided for in ORS 227.175 and ORS I 197.640. i

Section 1.130 Action by the City Council. Any action or decision of the City Council on proceedings arising under this code, excepting a reference back to the Planning Commission and continuances of a hearing, shall be final and conclusive.

Section 1.135 Notice of Action or Decision. A notice of the action or decision of the Planning Commission or City Council shall be served in writing to the applicant and all individuals who provided oral or written testimony within 15· days of the final action. The notice may be served personally or, in the alternative, sent by first class mail addressed to the person at his address shown in the application. The notice shall be deemed served at the time it is deposited in the United States t. Mail. I

{ Lakeside Zoning Ordinance Page 7 I ' cection 1. 140 Appeals. Under this code, appeals may be taken from any quasi- ( "·:cial decision of the Planning Commission to the City Council in accordance with the following procedure:

1. Such appeal shall be initiated within 15 days after the Planning Commission has rendered the decision appealed from by filing written notice of intent to app_eal with the City Recorder.

2. Every appeal, except when the review is caused by the City Council's own motion, shall be in writing, stating the grounds therefore and setting forth the alleged error.

3. Appeals shall include a statement specifically setting forth the portion(s) of the decision with which the appellant disagrees and the reason or basis in each case for such disagreement.

4. Upon receipt of a notice of such appeal, the City Recorder shall set a time within 30 days after the receipt of such appeal of a public hearing on such appeal. Notice of such hearing shall be given as set forth in Section 1. 120 of this code. The City Recorder shall also notify the Planning Commission of such appeal.

The City Council may affirm, reverse, or amend the decision of the Planning Commission and may reasonably grant approval subject to conditions ( necessary to carry out the Comprehensive Plan and ordinances. The Council may also refer the matter back to Planning Commission for additional information. When rendering its decision, the Council shall make findings based on the record before it and any testimony or other evidence received by it.

6, Any action or decision by the City Council arising from an appeal, except a referral back to the Planning Commission, shall be final and conclusive.

7. Individuals who file appeals under this section shall include the appropriate fee pursuant to Section 1. 110 of this Article. The amount of the fee is specified in Lakeside Municipal Ordinance 155(b).

Section 1.150 Limitations on the Renewal or Refiling of Applications. Where an application has been denied, no new application for the same purpose shall be filed within six months of the date the previous denial becomes final. The Planning Commission, for good cause shown, may grant permission for refiling of an application in less than six months. The Planning Commission, for good cause shown, may deny an application "without prejudice" within the 120 day period following determination of a complete application.

Lakeside Zoning Ordinance Page 8 ENFORCEMENT (

SECTION:

1. 200: Building Inspector 1.210: Abatement 1.220: Violation and Penalties 1.230: Each Day a Separate Offense

Section 1. 200 Building Inspector. It shall be the duty of the Building Inspector to see that this code is enforced. He shall issue no permit for the construction or alteration of any building or part thereof unless, in his opinion, the plans, specifications, and intended use of such building conform in all respects to the provisions of this code.

Section 1.210 Abatement. Any use which is established, operated, erected, moved, altered, enlarged, painted, or maintained contrary to the zoning regulations shall be and is hereby declared to be unlawful and a public nuisance and may be · abated as such.

Section 1.220 Violation and Penalties. /'.ny person, firm, or corporation found guilty of a violation shall be deemed guilty of a misdemeanor, and upon conviction ( thereof shall be punishable by a fine of not more than $200, or by imprisonment for a period not to exceed 60 days, or both such fine and imprisonment.

Section 1.230 Each Day a Separate Offense. Each person, firm, or corporation found guilty of a violation shall be deemed guilty of a separate offense very day during any portion of which any violation of any provision of his code is committed, continued, or permitted by such person, firm, or corporation, and shall be punishable therefore as provided for in this code.

( Lakeside Zoning Ordinance Page 9 ESTABLISHMENT OF ZONES

Section 1.300 Classification of Zones. For the purpose of this ordinance, the following zones are hereby established.

Zone Abbreviated Designation

General Single-Family

Multi-Family Residential

Recreational Residential R-R

Planned Unit Development P-D

General Con1mercial G-C

Marine Commercial M-C

,Light Industrial L-1 I

~.eavy Industrial H-1 I

Open Space O-S

Water Use W-U

Public Facility P-F

Overlay Zones

Airport Approach A-A

Flood Plain F-P

Younger Stabilized Dune Y-S

Steep Slope S-S

{ Lakeside Zoning Ordinance Page 10 BOUNDARIES (

SECTION:

1 .400: Uncertainties of Boundaries 1.410: Changes in Boundaries

Section 1.400 Uncertainties of Boundaries. Where uncertainty exists as to the boundaries of any-district ,as shown on any zoning map or part thereof, the following rules shall apply:

1. Where such boundaries are indicated as approximately following street lines, alley lines, or lot lines, such lines shall be construed to be such boundaries.

2. In the case of unsubdivided property and where a zone boundary divides a lot, the locations of such boundaries, unless the same are indicated by dimensions, shall be determined by the use of the scale appearing on such zoning map.

3. Where a public street or alley is officially vacated, the zoning regulations applicable to abutting property on each side of the center line shall apply up to the center line of such vacated street or alley on each respective side ( thereof.

4-. Areas of dedicated streets or alleys and railroad rights-of-way, other than those designated on the zoning map as being classified one of the districts provided in this code, shall be deemed to be unclassified and, in the case of railroad right-of-way, permitted to be used solely for the purpose of accommodating tracks, signals, and other operative devices and the movement of rolling stock.

Section 1.4-10 Changes in Boundaries. Changes in boundaries of districts or sub-districts shall be made by ordinance amending the provisions of this code, amending the zoning map, a part of said map. The amended maps or part of said maps when so adopted shall become a part of this code.

Lakeside Zoning Ordinance Page 11 ZONING OF ANNEXED AREAS (

Section 1. 500 Procedure. The City Council may establish zoning and land use regulations that become effective on the date of annexation. This zoning designation shall be consistent with the objectives of the Lakeside Comprehensive Plan and Zoning Code. When zoning is not established at the time of annexation, the existing County zoning classification shall be automatically applied until the City Council establishes zoning and land use regulations.

{ (

Lakeside Zoning Ordinance Page 12 ORDINANCE NO. 208 ( AN ORDINANCE TO AMEND ORDINANCE NO. 168, ZONNlNG ORDINANCE FOR THE CITY OF LAKESIDE.

The City of Lakeside ordains as follows:

Article 2, Section 2. 000 Number 1 No building pem1it shall be issued for any construction until an approved drainage plan is submitted showing the ability to remove drainage water without damage to adjoining property, streets or existing drainage systems on private or City property; erosio11 of mud must also be controlled.

{ ARTICLE 2. GENERAL PROVISIONS

SECTION:

2.000: Building Permits 2.005: Occupancy Permits 2. 010: Vision Clearance 2.015: Fences, Hedges, Walls, and Other Structures 2. 020: General Exceptions to Lot Size-Requirements 2.025: Access 2.030: Building Setback Requirements 2.035: Height Restrictions 2.04-0: Special Regulations Applying to Mobile Homes 2.045: Special Regulations Applying to Manufactured Homes 2.050: Special Regulations Applying to Home Occupations 2.055: Special Regulations Applying to Areas of Active Sand Dunes 2.060: Special Regulations Applying to Noise Pollution 2.065: Special Regulations Applying to Shorelands 2.070: Geologic Hazard Protection 2.075: Similar Uses 2.080: Application 2.085: Exemption from Partitioning

Section 2.000 Building Permits. No building or structure shall be erected, added to, or structurally altered until a permit'therefore shall have been issued by the Building Inspector. Permits shall be issued upon the following provisions:

1. No building permit shall be issued where such constr.uction, addition, or . qiotP alteratfon or use thereof would fail to meet or would be in violation of any (')..11ot/i ,7\prov1s1ons and requirements of this code. ari 2. All applications shall contain a statement setting forth the use, height, structure size, and the location of the building on the lot.

3. Lot shall front or abut on a public street or have access to such street over a private street or easement of record approved by the Planning Commission.

Section 2.005 Occupancy Permits.

1. No building permit for construction, alteration, or excavation shall be issued the application for which does not contain, or is not accompanied by, a written statement signed by the applicant specifying the uses or occupancy for which the proposed construction or alteration is designed or intended.

Lakeside Zoning Ordinance Page 13 2. Upon request of the owner or other interested person, the Building Inspector shall issue in writing over his signature a certificate of occupancy for any building or parcel of land certifying that a proposed use or occupancy does or does not conform to the provisions of this code, as the case may be.

3. A record of all statements or certificates arising under this Chapter shall be kept on file in the office of the Building Inspector. A copy of the statement or c·ertificate shall be issued without charge at the time application in made. Upon regret, a certified copy shall be furnished to any person having a proprietary or tenancy in the building or land affected '

Section 2.010 Vision Clearance. A clear vision triangle shall be provided DI) the corners of all property at the intersection of two streets.

( The height of vegetation and man-made structures in clear vision triangles shall in no case be greater than 3 1 /2 feet in height, except for open chain link or other "see-through" fences, which may be constructed up to six (6) feet in height.

A clear vision triangle is that triangular area at the street corner of a corner lot or the alley, street intersection of a lot, the space being defined by a line across the corner, the ends of which are on the street lines or alley lines, an equal and specified distance from the corner and containing no planting structures or temporary or permanent obstruction from 3 1/2 feet in height above the curb level - eight feet above the curb level.

The minimum distances of the sides of a clear vision area which are lot lines shall be 30 feet, or at intersections including an alley, ten ( 10) feet.

Section 2.01 5 Fences, Hedges, Wall, and Other Structures.

1 . Single-family and Multi-family Dwellings. Fences, hedges, walls, and other structures are permitted but not required. Such items shall not exceed three and one-half (3 1 /2) feet in height in any required yard which abuts a street other than an alley, except for open chain link or other "see-through" fences which may be constructed up to six (6) feet in height. On yards which do not abut a street other than an alley the maximum height shall not exceed 6 feet. Vision clearance shall be maintained on all corner lots. All fences, walls, and hedges shall be properly maintained.

2. Commercial and Industrial Use. Where a commercial or industrial use abuts a residential district, the Planning Commission may require that a fence, hedge, or wall be erected along and immediately adjacent to the abutting property line. Fences, hedges, or walls shall be between five and eight feet in height, except where they abut a street other than an alley. In these circumstances, they shall not exceed 3 1 /2 feet in height.

Lakeside Zo11ing Ordinance Page 14 Section 2.020 General Exceptions to Lot Size-Requirements.

1. Any lot created prior to the effective date of this Ordinance by an approved and recorded subdivision having a lot width at all points of not less than 50 feet and a lot depth at all points of not less than 100 feet need not comply with the requirements of Sections 4.030, 4.040, 4.130, 4.140, and 4.230 as long as the lot is used for a single family dwelling and all other requirements of this Ordinance have been satisfied.

2. Any parcel of land or lot not within the above exception shall be subject to all the requirements of the Zoning Ordinance and shall be relieved from the requirements of Sections 4.030, 4.040, 4.130, 4.140, and 4.230 only upon-_ the granting of a variance therefor.

3. If any lot or parcel mentioned in Subsection 2 above is granted a variance relieving it of the requirements of Section 4.030, 4.040, 4.130, 4.140, or 4.230 and thereafter is transferred to the owner of a contiguous parcel thereby creating a larger parcel of land when combined with other contiguous parcels under the same ownership, such larger parcel of land shall not be reduced to a size below the minimum lot size required by the Zoning Ordinance.

Section 2.025 Access. Every lot shall abut a street other than an alley for a width ,_,, of at least 25 feet.

Section ;2.030 Building Setb9 ck Requirements. When the master road plan or zoning plan indicate that a street is to be opened or widened, the setbacks required - front, side, and rear yards - shall be measured from the proposed right-of-way which shall be considered to be 50 feet unless expressly designated otherwise.

1. Front yards

a. Where front yards are required, no buildings or structures shall be hereafter erected or altered so that any portion thereof shall extend into the required front yards, except the eaves, cornices, steps, terraces, platforms, and porches having no roof covering and being not over 2 ½ feet high may be built within a front yard.

b. Setbacks from half dedications of streets. Where a subdivision plan has been accepted and filed with half-width dedications of streets on the exterior boundary of the subdivision, setbacks for structures on land contiguous to or fronting upon half-width dedicated streets but not within the subdivided tract, shall be a minimum of the required setbacks for the zone or district in which it is located and not less than 25 feet nor less than the width of the half dedication of the street.

Lakeside Zoning Ordinance Page 15 '.Z. Side yards.

No building or structure shall hereafter be .erected or altered so that any portion thereof shall be ne,arer to the side lot line than the distance indicated under the district .or zone classification, except that cave.s or cornices may extend over the required .side yard for a distance of not mo.re than two feet;

b. Accessory E;tructures under 120 square feet are exempt from side yard setb.ack requirem13nts provided they do not have a permanent foundation.

Sectlon 2.035 Height Restrictions .. Height lirnits established for the variol./s zones or districts refer to th'e he.ight of the building prop.er. Roof str.uctur.es such as housing for elevators, tanks, ventilating fans, towers, steeples, flagpoles, chimneys, smokestacks, wireless masts or similar structures may exceed the height limits herein prescribed.

Section 2.040 Special Regulations Applylng to. Mobile Homes ..

1. Mobile homes shall be equipped with, skirting which in design, color, and texture. appears to be an integral part of the adjacent exterior w.;111 of the . mobile home.

The.mobi.le .ho,ne shall be connected to a public water supply systern and to a public sewa:ge disposal system, where those facilities are ivaifal)le. ·

3.. AH water, sewer, and eleatrh:;1'11 systems provided for the rnobile home shall aomply with all standards for these syst!'irns as est<;1blished by the :C!ty of Lakeside and the State of Dregon.

Section 2,045 Special Regulations Applying to Manufactured Hornes.

1. Manufactured ,homes must enclose at least 500 square f13et.

2. The manufactured horne must bl;l located not less than 12 inches above 9rade on an excavated and back-filled foundation which is .enclo.sed at the perimeter. Manufactured homsis within the F-P overlay shall he subject to the provisions of Sections 11,200 through 11,260. ·

3.. The manufactured home m.ust have a pitched roof.

4. Exteri.or siding and roofing must .be similar in color, material, and appearance to those required for single-family dwellings under the state uniform building code.

Lakeside Zoning Grdina.nee Page 16 5. The exterior thermal envelope must meet performance standards equivalent to those required for single family dwellings under the state building code.

Section 2.050 Special Regulations Applying to Home Occupations and Cottaqe Industries. Home occupations are provided by this title provided they conform with the following criteria:

1. No employment of help other than the members of the resident family.

2. No use of material or mechanical equipment that is inconsistent with the residential character of the neighborhood.

3. No sales of products or services not produced on the premises.

4. The use shall not generate pedestrian or vehicular traffic beyond that normal to the district in which it is located.

5. It shall not involve the use of commercial vehicles for delivery of materials to or from the premises.

6. No storage of materials/supplies outdoors.

7. It shall not involve the use of signs and/or structures other than those permitted in the district of which it is a part.

8. In no way shall the appearance of the structure be so altered or the conduct of the occupation within the structure be such that the structure may be reasonably recognized as serving a non-residential use (either by Home Occupations color, materials, construction, lighting, signs, sounds, noises, or vibrations).

9. There shall be no use of utilities or community facilities beyond that normal to residential purposes.

Section 2.055 Special Regulations Applying to Areas of Active Sand Dunes.

1. A buffer strip of 50 feet will be maintained between areas of Active Sand Dunes and any development. There will be no development on Active Sand Dunes.

2. Any use within 300 feet of an Active Sand Dune will be considered a conditional use and will go through procedures in accordance to Section 12.100-150.

3. Any development on an Older Stabilized Dune area will be done in such a manner that it not cause the sand to become unstable.

Lakeside Zoning Ordinance Page 1 7 Section 2.060 Special Regulations Applying to Noise Pollution.

Any new development when combined with existing development shall not violate noise pollution levels and standards as established by the appropriate state and federal agencies.

Section 2,065 _Special Regulations Applying to Shorelands. In any area within 50 feet of the shoreline the following regulations shall apply in order to minimize erosion and maintain water quality.

1. Riparian vegetation shall be removed only when necessary to accommodate the proposed development.

2. Non-structural ·solutions to erosion control shall be preferred to structural solutions. Structural solutions shall be considered a conditional use and will go through procedures in accordance with Section 12.100-150.

Section 2.070 Geologic Hazards Protection.

1, Land to which this Section applies:

This Section shall apply to all areas of "Active Geologic Hazards" within the jurisdiction of the City of Lakeside.

Basis for establishing the areas of Active Geologic Hazards: ( Known areas of active geological hazards shall mean only those areas clearly identified and described on maps issued by the U.S. Geological Survey, the U.S. Army Corps o·f Engineers, State disaster planning agencies, or City of Lakeside, which maps are on file at City Hall.

3, Compliance:

No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this Section and other applicable regulations.

4. Administration:

a. Building permits shall be issued for the erection, enlargement, remodeling, repair or alteration of structures in areas of know active geological hazards when:

i. A written report by a geologist or other qualified person that describes the problems associated with the site in question and offers site specific alternatives necessary to solve those

l_akeside Zoning Ordinance Page 1 8 problems is submitted with the application for a building permit (other qualified person must be approved by the City Engineer). ( ii. A waiver is executed relieving the City or any utility provide or any governmental unit or agency from any and all liability in connection with damage, loss or injury. The waiver shall be in the form prescribed by the City Attorney.

iii. All other permits and approvals required under this and other ordinances have been obtained.

Section 2.075 Similar Us'es. When the term "other than uses similar to the above" is mentioned, it shall be deemed to mean other uses which, in the judgement of the Planning Commission, are similar to and not more objectionable to the general welfare than the uses listed in the same section.

Section 2.080 Application. In general, only the owner of a subject property may apply for action by the Planning Commission under the provisions of this ordinance. An individual who has entered into an earnest money agreement to buy a property is considered to have an ownership interest for the purposes of this ordinance.

Section 2.085 Exemption from Partitioning. Public road and highway right-of-way acquisitions are exempt from the minor land partition regulations of this ordinance, providing the remainder of the property meets minimum lot size and setback requirements.

Lakeside Zoning Ordinance Page 19 ARTICLE 3. DEFINITIONS

Section 3.000 Definitions.

For the purpose of this code, certain words, terms, and phrases are defined below. Words used in the present tense include the future; the singular number includes the plural; and the word "shall" is mandatory and not directory. Whenever the term "this code" is used herewith it shall be deemed to include all amendments there to as may hereafter from time to time be adopted.

ABUT: Means contiguous to; for example, two lots with a common property line are considered abutting.

ACCESS: Means the place, means, or way by which pedestrians or vehicles shall have safe, adequate, and usable ingress and egress to a property, use, or parking space.

ACCESSORY BUILDING OR USE: A use or structure incidental and subordinate to the main use of the property and located on the same lot as the main use.

ACTIVE SAND DUNE: A dune that migrates, grows or diminishes from force of ,_ wind and supply of sand. Active Dunes include all open sand dunes, active hummocks, and active force dunes.

AIRPORT: 1. Airport Approach Zone; 2. Airport Clear Zone. See Section 11. 100.

ALLEY: A public way not over 30 feet wide providing a secondary means of access to private property.

ALTER: Any change, addition, or modification, in construction or occupancy of a building or structure.

AMENDMENT: A change in the wording, context, or substance of this code, or a change in the zone boundaries or area district boundaries upon the zoning map.

APARTMENT HOUSE; See DWELLING, MULTIPLE.

AREA OF SPECIAL FLOOD HAZARD: Means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year.

AUTOMOBILE SALES: See MOTOR VEHICI_E/TRAILER SALES AREA.

( Lakeside Zoning Ordinance Page 20 AUTO WRECKING YARDS: See WRECKING YARD.

( AWNING; Any stationary structure, permanent or demountable, used in conjunction with a mobile home, other than a window awning, for the purpose of providing shelter from the sun and rain and having a roof with supports and nor more than one wall or storage cabinet substituting for a wall.

BASE FLOOD: Means the flood having a one percent chance of being equalled or exceeded in any given year.

BASEMENT: A story partly or wholly underground. A basement shall be counted as a story for purposes of height measurement where more than one-half of its height is above the average level of the adjoining ground.

BOARDING, LODGING, OR ROOMING HOUSE: A building or portion thereof where lodging, with or without meals, is provided for compensation of any kind to persons other than members of a family occupying such a dwelling, but shall not include homes for the aged, nursing homes, or group care homes.

BUILDABLE AREA: That portion of a development site not required by this code or specific conditions, as a yard, open space, or easement.

BUILDING: Any temporary or permanent structure built and maintained for the support, shelter, or enclosure of people, motor vehicles, animals, chattel, or personal or real property of any kind. The words "building" and "structure" shall be synonymous.

BUILDING HEIGHT: The vertical distance from the average finished grade at the front of a building to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to one-half ( ½) the height of the highest gable of a pitch or hip roof.

BUILDING-MAIN: A building within which is conducted the principle use permitted on the lot, as provided by this code.

CAMPGROUNDS: Any lot, tract, or parcel of ground under the same ownership where two or more camp sites are located which provide facilities for living in any manner other than in a permanent building. (See RV Park)

CEMETERY: Land used or intended to be used for the burial of the dead and dedicated for such purposes, including columbaria, crematories, mausoleums, and mortuaries, when operated in conjunction with and within the boundary of such cemetery.

( Lakeside Zoning Ordinance Page 21 CHURCH: A building, together with its accessory buildings and uses, where persons regularly assemble for worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

CITY: The City of Lakeside, Oregon and its officials or authorized agents.

CLINIC: Single or multiple offices for physicians, surgeons, dentists, chiropractors, osteopaths, optometrists, ophthalmologists, and other members of the healing arts, including a dispensary in each building to handle only merchandise of a nature customarily prescribed by occupants in connection with their practices.

CLINIC, SMALL ANIMAL: A business establishment in which veterinary services are rendered to small domestic pets on an ongoing basis with no overnight boarding allowed.

CLUB: Any organization, group, or association supported by the members thereof, the purpose of which is to render a service customarily rendered for members and their guests but shall not include any organization, group, or association, the chief activity of which is to render a service customarily carried on as a business.

•-QMMISSION: The Lakeside Planning Commission.

-.:oTTAGE INDUSTRIES: Cottage industries are home occupations that occupy a detached or attached accessory building (See Home Occupation). Cottage industries must be conducted in such a manner so as not to give an outward appearance or outwardly manifest any characteristic of a business in the ordinary meaning of the term. Cottage industries must not infringe upon the right of neighboring property owners to enjoy the peaceful occupancy of their home, Cottage industries may involve the retail sale of a product on the premises. Sign requirements shall conform to Section 14.010(2).,

COURT: An uncovered area partly or wholly enclosed by buildings or by walls and gates.

DAY NURSERY: Any institution, establishment, or place in which are commonly received at one time three or more children not of common parentage, under the age of six years, for a period or periods not exceeding 1 2 hours, for the purpose of being given board, care, or training apart from their parents or guardians for compensation or reward.

DEVELOPMENT: Means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining,

Lakeside Zoning Ordinance Page 22 dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.

DEVELOPMENT SITE: A development site shall mean either:

1. A lot of record existing on the effective date of this code; or,

2. A tract of land either not subdivided or consisting of two or more contiguous lots of record, located within a single block which, on the effective date of this code, was in a single ownership; or,

3. A tract of lant!, located within a single block, which at the time of filing for a building permit (or, if no building permit is required, at the time of filing for a certificate of occupancy), is designated by the owner or developer as a tract, all of which is to be used, developed, or built upon as a unit under single ownership. t A "development site," therefore, may or may not coincide with a lot shown on the official tax maps of the City of Lakeside or any recorded subdivision plat or deed.

For the purpose of this definition, ownership of a "development site" is deemed to include a lease of not less than 50 years duration, with an option to renew such lease so as to provide a total lease of not less than 75 years duration.

A "development site" may be subdivided into two or more "development sites," provided that all resulting "development sites" and all buildings thereon shall comply with all of the applicable provisions of this code. If such "development site," however, is occupied by a non-conforming use or building, such "development site" may be subdivided provided such subdivision does not create a new non-conformance or increase the degree of non-conformance of such use or building.

DWELLING: A building or portion thereof which is occupied in whole or in part as a residence or sleeping place, either permanently or temporarily by one or more families but excluding hotels, motels, and tourist courts.

DWELLING, MULTIPLE: A building designed and used for occupancy by three or more families, all living independently of each other and having separate housekeeping facilities for each family.

DWELLING, SINGLE-FAMILY: A building designed or used exclusively for the occupancy of one family and having housekeeping facilities for only one family.

Lakeside Zoning Ordinance Page 23 DWELLING, TWO-FAMILY (DUPLEX): A building designed or used exclusively for the occupancy of two families living independently of each other and having separate housekeeping facilities for each family.

FAMILY: One or more persons, excluding servants, related by blood, marriage, legal adoption, or legal guardianship, occupying a single non-profit housekeeping unit and using common housekeeping facilities; a group of not more than five unrelated persons living together as a single nonprofit housekeeping unit and using common housekeeping facilities.

FLOOD OR FLOODING: Means a general and temporary condition of partial of 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, the Flood Boundary­ Floodway Map, and the water sL1rface elevation of the base flood.

JOD PLAIN ZONE: See Section 11.200

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.

GARAGE, PRIVATE PARKING: A publicly or privately owned structure having one or more tiers of height used for the parking of automobiles for the tenants, employees, or owners of the property for which the parking spaces contained in or on said garage are required by this code and are not open for use by the general public.

GARAGE, PUBLIC PARKING: A publicly or privately owned structure having one or more tiers of height used for the parking of automobiles and open for use by the general public, either free or for remuneration. Public parking garages may include parking spaces for customers, patrons, or clients as required by this code, provided said parking spaces are clearly identified as free parking spaces for the building or use required to provide said spaces.

Lakeside Zoning Ordinance Page 24 GARAGES, REPAIR: A building used for the storage, parking care, and repair of motor vehicles, or where such vehicles are kept for ( remuneration, hire, or sale, provided the selling of motor fuel and oil for motor vehicles shall not be conducted.

GENERAL COMMERCIAL ZONE: See Section 5.100.

GENERAL SINGLE-FAMILY ZONE: See Section 4.000.

GRADE (ADJOINING GROUND LEVEL): The average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, alley, or other public way, the above ground level shall be measured at the elevation of the sidewalk, alley, or public way.

GROUP CARE HOME: ls defined as a "Residential Facility" licensed under ORS 443.400 to 443.455 for 11 or fewer unrelated physically or mentally handicapped persons or elderly persons. Site requirements will be consistent with ORS 443.530(1) and ORS 443. 500.

GUEST HOUSE OR SERVANTS QUARTERS: An accessory building occupied solely by non-paying guests or by servants employed on the premises.

HABITABLE FLOOR: Means any floor usable for living purposes, which ..-, includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is.not a "habitable floor."

HALF STORY: That part of any building wholly or partly within the roof frame and not occupying more than two-thirds of the floor area immediately below it.

HEAVY INDUSTRIAL ZONE: See Section 6.200.

HEIGHT OF BUILDING: See BUILDING HEIGHT.

HOMES FOR THE AGED: Any home or institution that maintains facilities for · rendering board and domiciliary care for compensation to three or more persons who are of the age of 65 years or more, or persons of less than 65 years who, by reason of infirmity, require domiciliary care.

HOME OCCUPATION: Home occupations constitute business that are conducted entirely within a dwelling by a family residing in the dwelling. Examples of home occupations include but are not limited to: beauty shops, engravers, professional offices, etc. Home ..-... occupations must be conducted in such a manner so as not to give an

Lakeside Zoning Ordinance Page 25 outward appearance not outwardly manifest any characteristic of a business in the ordinary meaning of the term. Home occupations must not infringe upon the rights of neighboring property owners to enjoy the peaceful occupancy of their home. Home occupations may involve the retail sale of a product on the premises. Home occupations shall not occupy more than 30% of the usable floor area of the dwelling. Sign requirements shall conform to Section 14.010(2).

HOSPITAL: Any building or institution devoted primarily to the rendering of healing, curing, and nursing care, and which maintains and operates facilities for the diagnoses, treatment, and care of two or more non­ related individuals suffering from illness, injury, or deformity, or where obstetrical or o'ther healing, curing, and nursing care is rendered over a period exceeding 24 hours.

HOSPITAL, SMALL ANIMAL: A building together with animal runs in which veterinary services, clipping, bathing, boarding, and other services which are rendered to dogs, cats, and other small animals and domestic pets.

HOTEL (MOTEL, MOTOR HOTEL, TOURIST COURT): Any building or group of buildings used for transient residential purposes containing four or ,-, more guest rooms without housekeeping facilities and which are intended or designed to be used, rented, or hired out to be occupied ( for sleeping purposes by guests.

KENNEL: Any lot or premises on which three or more adult dogs or cats or any combin.ation thereof are kept for compensation (sale or boarding), whether by owners of the dogs or cats or by person providing facilities and care. An adult dog or cat is one that has reached the age of six months.

LIGHT INDUSTRIAL ZONE: See Section 6.100.

LOADING SPACE: An off-street space or berth on the same lot with a main building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise o[ materials, and which abuts upon a street, alley, or other appropriate means of access.

LOT: Land occupied or to be occupied by a building and its accessory buildings, including such open spaces as are required under this code and having frontage upon a street.

LOT AREA: The total area within the lot lines of a lot as measured on a - horizontal plane.

{ Lakeside Zoning Ordinance Page 26 LOT COVERAGE: That portion of a lot which, when viewed directly from ¾<. above, would be covered by a building, or any part of a building.

LOT LINE:

1. FRONT: The private property line contiguous with the public street line or place. For corner lots, the front lot line shall be the narrowest street frontage or as shown on the official plat of the property.

2. REAR: A property line which is opposite and most distant from the front lot line. In the• case of, a triangular shaped lot, the rear lot line for building purposes shall be assumed to be a line 10 feet in length within the lot, parallel to and at the maximum distance from the front lot line.

3. SIDE: Any property line which is not a front or rear lot line. I I I LOT MEASUREMENTS: I' Itl

1. DEPTH: The horizontal distance between the front and rear lot lines ! II measured in the mean direction of the side lot lines. I I 2. WIDTH: The horizontal distance. between the side lot lanes measured at ij right angles to the lot depth at a point midway between the front and rear lot lines. I Ii LOT TYPES:

1. CORNER: A lot or development site bounded entirely by streets or a lot I ,[ having only one side not bounded by a street or a lot which adjoins the point i of intersection of two or more streets and in which the interior angle formed ! " by the extensions of the street lines in the direction which they take at their II intersections with side lot lines forms an angle of 135 degrees or less. In the event that any street line is a curve at its point of intersection with a iI, side lot line, the tangent to the curve at the point of intersection shall be 1, considered the direction of the street line. I I 2. DOUBLE-FRONTAGE OR THROUGH: A lot or development site other than a corner lot with frontage on more than one street.

3. INTERIOR LOT: A lot or development site: other than a corner lot, having frontage only one street.

MANUFACTURED HOME: A structure, transportable in one or more sections, which in the traveling mode, is eight feet or more in width or forty or more feet in length, or when erected on site is five-hundred (500) or more square - feet, and which is built on a permanent chassis, and designed to be used as

Lakeside Zoning Ordinance Page 27 a dwelling with or without permanent foundation when connected to the " required utilities, and includes plumbing, heating, air conditioning, and electrical systems herein. A manufactured home is a home built on or after June 15, 1976 to the standards and requirements of the National Manufactured Home Construction and Safety Standards Act of 1974. See also Section 2,045.

MARINE COMMERCIAL ZONE: See Section 5,200.

MOBILE HOME, RESIDENTIAL: A vehicle or structure constructed for movement on the public highways upon its own frame and that has, sleeping, cooking and plumbing facilities; is intended for human occupancy and is being used for residential purposes which was built prior to June 15, 1976 under the State Mobile Home Code in effect at the time of Construction. This definition does not include recreational vehicle (RV) or camping trailers. See also Section 2.040. If the occupancy of a vehicle or structure exceeds one hundred twenty ( 120) days in any twelve ( 12) month period, or if the vehicle or structure is connected to sanitary (sewer or septic system) facilities, it shall be presumed that said vehicle or structure is being used for residential purposes.

MOBILE HOME PARK: Any privately owned place where four or more mobile homes used for human occupancy are parked within 500 feet - of one another on a lot, tract, or parcel of land under the same ownership.

MOBILE HOME SPACE: A plot of ground within a mobile park designed for the accommodation of one mobile home.

MOTEL: See HOTEL.

MULTl-FAMILY RESIDENTIAL ZONE: See Section 4.100.

NEW CONSTRUCTION: Means structures for which the "start of construction" commenced on or after the effective date of this ordinance.

NON-CONFORMING USE: A building, structure, or land use which lawfully existed at the time this code became effective, but does not conform to the use regulations, setbacks, maximum lot coverage, or other provisions herein established for the district or zone in which it is located.

NURSING HOME: Any home, place, or institution which operates and maintains facilities providing convalescent or chronic care, or both, for a period exceeding 24 hours for two or more ill or infirm patients not

_akeside Zoning Ordinance Page 28 related to the nursing home administrator or owner by blood or marriage. Convalescent and chronic care may include, but need not be limited to, the procedures commonly employed in nursing and caring for the sick.

OPEN SPACE ZONE: See Section 7.100.

PARKING AREA, PRIVATE: Private or publicly owned property, other than streets or alleys, on which parking spaces are defined, designated, or otherwise identified for use by the tenants, employees, or owners of the property for which the parking area is required and not open for use by the general public.

PARKING AREA, PUBLIC: Privately or publicly owned property, other than streets or alleys, on which parking spaces are defined, designated, or otherwise identified for use by the general public, either free or for remuneration. Public parking areas may include parking lots which may be required by this code for retail customers, patrons, and clients.

PARKING SPACE: A permanently maintained space not less than eight feet wide and 18 feet long with proper access for one standard size automobile.

PLANNED UNIT DEVELOPMENT: See Section 10.000.

PUBLIC FACILITY ZONE: See Section 9.100

RAMADA: A stationary structure having a roof extending over a mobile home, said structure may also extend over a patio or parking area for motor vehicles, and is used principally for protection from sun and rain.

RECREATIONAL RESIDENTIAL ZONE: See Section 4.200.

RECREATIONAL VEHICLE: A vacation trailer or other unit with or without motive power which is designed for h~an occL1pancy and to be used temporarily for recreation or emer~urpo~nd has a floor space of less that 400 square feet. The unit shall be identified as a recreational vehicle by the manufacturer.

RECREATIONAL VEHICLE PARK: A lot that is operated on a fee or other basis as a place for parking occupied recreational vehicles.

Lakeside Zoning Ordinance Page 29 RESIDENTIAL CARE HOME: A residence for five or fewer unrelated physically or "" mentally handicapped persons and for staff persons who need not be related to each other or to any other home resident.

RESIDENTIAL PURPOSES: A vehicle or structure is presumed to be used for residential purposes if occupancy of said vehicle or structure exceeds one hundred twenty ( 120) days in any twelve (12) month period, or if said vehicle or structure is connected to sanitary (sewer or septic system) facilities.

SERVICE STATION: A place or station selling petroleum products, motor fuel,and oil for motor vehicles, servicing batteries, furnishing emergency or minor repairs and service, including painting, body work, steam cleaning, tire recapping, and mechanical car washing and at which accessory sales or incidental services are conducted.

SIGN: Any fabricated em.blem or display, including its structure, consisting of any letter(s), character, design, figure, line, logo, mark, picture, plane, point, poster, stripe, stroke, trademark, reading matter, or illuminating device which is constructed, attached, erected, fastened, or manufactured in any manner whatsoever to attract the public in any manner for recognized purpose to any place, subject, person, firm, corporation, public performance, article, machine, or ,..._ merchandise display. The term "sign" shall not include any display of .official court or public notices, nor shall it include the flag, emblem, or ( insignia of a nation, government, unit, school, or religious group, except such emblems shall conform to illumination standards set forth in this code.

SIGN AREA: The entire area within a single continuous perimeter formed by lines joined at right angles which encloses the extreme limits of a sign, and which in no case passes through or between any adjacent elements of the same. However, such perimeter shall not include any structural elements lying outside and below the limits of such sign, and not forming an integral part of the display.

STABLE, PRIVATE: A building in which horses are kept for private use and not for remuneration, hire, or sale.

STABLE, PUBLIC: A building in which horses are kept for remuneration, hire, or sale.

START OF CONSTRUCTION: Means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land

{ _akeside Zoning Ordinance Page 30 preparation, such as clearing, grading, and filling, nor does in include the installation of streets and/or walkways; nor does it include ( excavation for a basement, footings, piers or foundation 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 as part of the rain structure.

STEEP SLOPE ZONE: See Section 11 .400.

STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above or for the topmost story the ceiling above.

STREET: A public thoroughfare, avenue, road, highway, boulevard, parkway, way, drive, lane, court, or private easement providing the primary roadway for ingress and egress from the property abutting thereon.

STRUCTURE: Means a walled and roofed building or mobile home that is principally above ground.

SUBSTANTIAL IMPROVEMENT: Means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 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 th.e 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.

USE: The purpose for which land or a building is arranged, designed, or intended or for which either land or a building or a building is or may be occupied or maintained.

VACATION TRAILER: A vehicle or structure equipped with wheels for highway use that is intended for human occupancy, is not being used for residential purposes, and is being used for vacation or recreation purposes (See Recreational Vehicle).

VISION CLEARANCE: A triangular area at the street corner of a corner lot, or the alley-street intersection of a lot, the space being defined by a ,,__ lane across the corner, the ends of which are on the street lines or

Lakeside Zoning Ordinance Page 31 alley lines, an equal and specified distance from the corner and containing no planting, wall, structure, or temporary or permanent obstruction from two and one-half feet in height above the curb level to eight feet above the curb level, except that an open chain link or other "see-through" fence may be constructed up to six (6) feet in height above the curb level.

WATER USE ZONE: See Section 8.100.

WRECKING YARD, MOTOR VEHICLES AND BUILDING MATERIALS: Any premises used for the storage, dismantling, or sale of either used motor vehicles, trailers, machinery, or building materials or parts thereof.

YARD: An open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided herein.

YARD, FRONT:. An area lying between side lot lines, the depth of which is a specified horizontal distance between the street right-of-way line and a line parallel thereto on the lot.

YARD, REAR: An area lying between side lot lines, the depth of which is a ,-· specified horizontal distance between the rear property line and a line parallel thereto on the lot.

YARD, SIDE: An area adjacent to any side lot line the depth of which is a specified horizontal distance between measured at right angles to the side lot line and being parallel with said lot line.

YOUNGER STABILIZED DUNE ZONE: See Section 11.300.

.keside Zoning Ordinance Page 32 ( ARTICLE 5. COMMERCIAL DISTRICTS

GENERAL COMMERCIAL (G-C)

SECTION:

5. 100: General Commercial Zone (G-C) 5.110: Permitted Buildings and Uses 5.120: Buildings and Uses Permitted Conditionally 5.130: Lot Requirements 5.140: Lot Dimensions 5.150: Yard Regulations 5.160: Site and Development Provisions

Section 5.100 General Commercial Zone (G-C). A zone designed to provide areas suitable for a wide spectrum of commercial uses.

Section 5.110 Permitted Buildings and Uses.

( 1 . A commercial use, including business, professional, or governmental offices. 2. Manufacturing, processing, repairing, or storage of products clearly incidental to a commercial use and not occupying more than 50% of the floor area of the building. 3. Laundromat. 4. Automobile service .station. Service stations are subject to the provisions of 12.160(6). 5. Commercial amusement or recreation establishment including such as bowling alley, theater, pool hall, or miniature golf-course but excluding establishments such as a race track or automobile speedway. 6. Gift or souvenir shop. 7. Motel or hotel. 8. Restallrant. 9. Tavern, night club, or cocktail lounge. 1 0. Barber or beauty shop. 11. Bus station, taxi stand. 12. Clinics including animal clinics except that animals may not be boarded overnight unless proper sound proofing is approved by the Planning Commission. 13. Club, lodge, fraternal organization. 14. Drug store. 15. Food store. 16. Museum, art gallery, or similar facility.

Lakeside Zoning Ordinance Page 41 " <( Accessory buildings and uses normal and incidental to the uses permitted in this Section. 18. Household appliance and small equipment repair and maintenance service. 19. Home occupations. Home Occupations are subject to the provisions of Section 2.050 of this Code. 20. Cottage industry. 21. Planned Unit Developments. Planned Unit Developments are subject to the provisions of Article 10 of this Code.

Limitations on Use. In a G-C zone, the following limitations on use shall apply:

1. All business, service, processing, storage or display of merchandise on a lot abutting or facing a lot in a residential zone shall be conducted wholly within an enclosed building or shall be screened from the residential zone by a sight obscuring fence or hedge,. permanently maintained.

2. Openings or access to structures on side adjacent to or across the street from a residential zone shall be prohibited if they result in glare or excessive noise or otherwise adversely affect residential areas.

Section 5.120 Buildings and Uses Permitted Conditionallv.

(,, ~ Governmental structure or use other than office. Bakery or milk processing and manufacturing . ., Nursing homes. "'·4. Churches. 5. Recreation Vehicle (RV). 6. Mobile home parks. 7. Public parks, playgrounds, and community centers. 8. Public parking areas and structure. 9. Public and semi-public buildings (fire stations, libraries, ,;ub-stations, reservoirs - essential to the physical, social, and economic welfare of an area). 10. Automobile and/or truck repair or maintenance garage. 11. Public utilities. 1 2. Travel trailer parks. 13. Veterinary Hospital. 14. Storage facilities. 1 5. Conventional dwellings, manufactured homes and modular homes, provided the standards established for the residential zones are compiled with.

Section 5.130 Lot Reguirements. In a G-C zone, buildings may occupy all of the lot area not required for off-street parking (See Section 14.000).

~ction 5.140 Lot Dimensions. The minimum lot width shall be 50 feet.

Lakeside Zoning Ordinance Page 4-2 ( Section 5.150 Yard Regulations. In a G-C zone, minimum yard requirements are as follows:

1. Front yards shall not be required except where specified setbacks are required for road widening purposes. Except where side and rear yards abut a residential district, they will not be required unless specified setbacks are required for road widening purposes.

2. On the side of a lot abutting a residential zone, a yard shall be at least 15 feet plus one foot for each two feet by which the height of the building exceeds twenty-eight feet.

3. On the rear of a lot abutting a residential zone, the rear yard shall meet the same requirements as the side yard, unless an alley or street divides the zones.

Section 5. 1 BO Site and Development Provisions.

1. The maximum building or structural height shall be thirty-five feet (35').

2. Fences: See Code Section 2.015.

3. Vision Clearance: See Code Section 2.010.

4. Off-Street Parking: See Code Article 13.

5. Signs: See Code Article 14.

Lakeside Zoning Ordinance Page 43 ( MARINE COMMERCIAL (M-C)

;:,ECTION:

5.20·0: Marine Commercial Zone (M-C) 5;210: Permitted Buildings and Uses 5.22.0: Buildings and Uses Permit,ted Conditionally 5.230: Lot Requirements 5.240: Lot Dimensions 5.250: Yard Regulations 5.260: Site and Development Provisions

Section 5.200 Marine Commercial Zone (M-C). Provides for areas of water­ dependent and wateHelated commercial activities in land areas surrounding the lakes and Tenmile Creek. The recreational attraction of the.area enhances the importance of this designation for water-related and water-depen(lent activities.

Section 5.210 Permitted Buildings and Uses.

1. Boat launching or moorage facilities, marina, boat charter service. 2. Boat dr marine equipment sales, service, storage, rental or repair. Retail sale of water sporting goods or similar goods if physical access to the water is needed. 4. Professional office space which is marine oriented, if physical access to the water is needed. 5. Open recreation area. 6. Other water0 dependent facilities not listed.

Section 5.220 Buildings and Uses Permitted Conditionally if Water Related.

1. Gift or souvenir shop. 2. Motel or hotel. 3. Restaurant, bar, tavern, nightclub, cocktail lounge. 4. Club, lodge, fraternal organization. 5. Government structure and use of land. 6. Recreational Vehicle park. 7. Light processing of seafood in conjunction with wholesale or retail trade. 8. Storage of marine oriented materials. 9. Grocery store. 1 0. - Automobile service station in conjunction with boat service. 11. One-family dwelling built on site with or attached to another permitted use. 1 2. Public park, playground or similar recreation area. 1 3. Public utility or community facility. ( Small boat manufacturer.

Lakeside Zoning Ordinance Page 44 ( 15. Seafood sales, wholesale, or retail. 16. Experimental laboratory for research of marine coastal production or resource. 17. Home occupations. Home Occupations are subject to the provisions of Section 2.050. 18. Cottage industry. 19. Conventional dwellings, manufactured homes, and modular homes, provided the standards established for the residential zones are complied with. 20. Recreational Vehicle (RV). 21. Planned Unit Development. Planned Unit Developments are subject to the provisions of Article 10 of this Code. . ' Section 5. 230 Lot Requirements. In a M-C zone, buildings may occupy all of the lot area not required for off-street parking. See Section 14.000.

Section 5.240 Lot Dimensions. The minimum lot width shall be 50 feet.

Section 5.250 Yard Re_g_ulations. In an M-C zone, minimum yard requirements are as follows:

1 . Front yards shall not be required except where specified setbacks are required for road widening purposes. Except where side and rear yards abut a residential district, they will not be required unless specified setbacks are ( required for road widening purposes.

2. On the side of a lot abutting a residential zone, a yard shall be at least 15 feet plus one foot for each two feet by which the height of the building exceeds twenty-eight feet.

3. On the rear of a lot abutting a residential zone, the rear yard shall meet the same requirements as the side yard, unless an alley or street divides the zones.

Section 5.260 Site and Development Provisions.

1. The maximum building or structural height shall be thirty-five feet (35').

2. Fences: See Code Section 2.015.

3. Vision Clearance: See Code Section 2.010.

4. Off-Street Parking: See Code Article 13.

5. Signs: See Code Article 14.

6. Shoreline Restrictions: See Code Section 2-';'(:)00-;- J., 0 le r; ( --

Lakeside Zoning Ordinance Page 45 ARTICLE 4. RESIDENTIAL ZONES

GENERAL SINGLE-FAMILY (G-S)

SECTION:

4.000: General Single Family Zone (G-S) 4.010: Permitted Buildings and Uses 4.020: Buijdings ai;id Uses Permitted Conditionally 4.030: Lot Requirements 4.040: Lot Dimensions 4.050: Yard Regulations 4.060: Site Development Standards

Section 4.000 General Single Family Zone (G-S). A district for an integrated variety of single-family dwelling types.

Section 4.010 Permitted Buildinas and Uses.

1 . Single-family homes. 2. Planned Unit Developments. Planned Unit Developments are subject to the provisions of Article 10 of this Code. 3. Home occupations. Home Occupations are subject to the provisions described in Section 2.050. 4. Gardens and greenhouses for the raising and harvesting of fruit and vegetables and flowers for non-commercial use.· 5. Accessory buildings and uses to the extent necessary and normal in a residential neighborhood. Accessory buildings are not permitted in the front yard. 6. Manufactured homes. 7. Residential home care.

Section 4.020 Buildings and Uses Permitted Conditionally.

1 ' Cemetery. 2. Church, non-profit religious or philanthropic institution. 3. Community center. 4. Government structure and use of land including but not limited to park, playground, fire station, or library. 5. Hospital. 6. Kindergarten, nursery school, day nursery, or similar facility. 7. Private golf course and county club, but excluding golf driving range, miniature golf course or similar facility.

Lakeside Zoning Ordinance Page 33 8. Private noncommercial recreational club such as tennis club, swimming club, an archery club, but excluding commercial amusement enterprises. Accredited public and private schools. , v. Public utility facility. 11. Mobile home trailer park. 12. Two-family dwellings. 13. Cottage industry. fZ.-,,p,--

Section 4.030 Lot Requirements. The minimum lot area shall be 6,000 square feet for a single-family dwelling and manufactured homes, and 8,000 square feet for a two-family dwelling.' For three or more dwelling units per structure, 2,500 square feet of land will be required for each additional living unit. Each lot must be served by a public water system and a public sewerage disposal system. If these services are not provided, minimum lot size shall be governed by City Code and State Law. Existing 5,000 square foot lots are exempt from these provisions.

Section 4.040 Lot Dimensions. Lot width at front building line shall be at least 60 feet. Lot depth shall be at least 100 feet. See Section 2.020 of this Zoning Ordinance and Section 27 of Subdivision Ordinance.

Section 4.050 Yard Regulations.

The front yard shall be a minimum of 20 feet. ( Each side yard shall be a minimum of 5 feet. The street side yard shall be a minimum of 15 feet. 4. The rear yard shall be minimum of 15 feet, except that structures (including projections) shall be allowed to abut, but not intrude into, the right-of-way of an alley running parallel to the rear lot line. 5. No structure shall be located closer than 40 feet from the center line of a street, other than an alley• or e.asement.

Section 4.060 Site and Development Provisions.

Building or Structural Height Limitations:

1. Residential Buildings: The maximum building or structural height shall be thirty-five feet (35').

2. Accessory Buildings: The maximum building or structural height shall be twenty feet (20').

Fences: See Code Section 2.015 .

.".,.l.~ion Clearance: See Code Section 2.010.

\eside Zoning Ordinance Page 34 Off-Street Parking: See Code Section 13.100.

Signs: See Code Article 14.

Manufactured Home Design Standards: See Code Section 2.045

(

Lakeside Zoning Ordinance Page 35 MULTI-FAMILY RESIDENTIAL (M-Rl

SECTION:

4.1 00: Multi-Family Residential Zone (M-R) 4.110: Permitted Buildings and Uses. 4. 1 20: Buildings and Uses Permitted Conditionally 4. 130: Lot Requirements 4.140: Lot Dimensions 4.150: Yard Requirements 4.1 60: Site Development Provisions

Section 4. 100 Multi-Family Residential Zone (M-R). Higher density residential uses are allowed.

Section 4. 110 Permitted Buildings and Uses.

1 . Single-family dwellings. 2. Duplexes. 3. Multiple dwelling units. However, all multiple dwelling units are subject to additional conditional use regulations. See Section 12.1 50. Planned Unit Developments. Planned Unit Developments are subject to the provisions of Article 10 of this Code. Home occupations. Home Occupations are subject to the provisions of Section 2.050. 6. Gardens and greenhouses for the raising and harvesting of fruit and vegetables and flowers for non-commercial use. 7. Accessory buildings and uses to the extent necessary ·and normal in a residential neighborhood. Accessory buildings are not permitted in the front yard. 8. Manufactured homes. 9. Residential care homes.

Section 4.120 Buildings and Uses Permitted Conditionally.

1. Cemetery, 2. Church, non-profit religious or philanthropic institution. 3. Community center. 4, Government structure and use of land including but not limited to park, playground, fire station, or library. 5, Hospital. 6. Kindergarten, nursery school, day nursery, or similar facility. 7 Private golf course and country club, but excluding golf driving range, ,;F~·~ miniature golf course, or similar facility.

{ .1keside Zoning Ordinance Page 36 8. Private non-commercial recreational club such as tennis club, swimming club, an archery club, but excluding commercial amusement enterprises. 9. Accredited public and private schools. 10. Public utility facility. 11. Mobile home trailer park. 12. Cottage industry. 13.. Recreational Vehicle (RV) and travel trailers (see Section 12.150).

Section 4.130 Lot requirements. The minimum lot area shall be 6,000 square feet for a single-family dwelling and 8,000 square feet for a two-family dwelling. For three or more dwelling units per structure, an additional 2,500 square feet of land will be required for each additional living unit.

Section 4.140 Lot Dimensions. Lot width at the front building line shall be at least 60 feet. Lot depth shall be at least 1 00 feet. See Section 16. 120 of this Zoning Ordinance and Section 27 of Subdivision Ordinance.

Section 4.150 Yard Regulations.

1 ' The front yard shall be a minimum of 20 feet. 2. Each side yard shall be a minimum of 5 feet. 3. The street side yard shall be a minimum of 1 5 feet. 4. The rear yard shall be a minimum of 15 feet, except that structures (including projections) shall be allowed to abut, but not intrude into, the right-of-way of an alley running parallel to the rear lot line. 5. No structure shall be located closer than 40 feet fiom the center line of a street, other than an alley or easement.

Section 4.160 Site and Development Provisions.

Building or Structural Height Limitations:

1. Residential Buildings: The maximum building or structural height shall be thirty-five feet (35').

2. Accessory Buildings: The maximum building or structural height shall be twenty feet (20').

Separation Between Buildings: The minimum separation between multiple-family buildings shall be thirty feet (30') unless the buildings are arranged end-to-end. In such a case, there shall be at least a ten foot (1 O') separation and no doorway or entry may open into the space between the buildings.

Fences: See Code Section 2.015.

0 - Vision Clearance: See Code Section 2.010.

Lakeside Zoning Ordinance Page 37 Off-Street Parking: See Code Section 12.100. r,·....--...,,.. ns: See Code Article 14.

Manufactured Home Design Standards: See Code Section 2.045.

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( '_akeside Zoning Ordinance Page 38 RECREATIONAL RESIDENTIAL {R-R)

( SECTION:

4.200: Recreational Residential Zone (R-R) 4. 210: Permitted Buildings and Uses 4. 220: Buildings and Uses Permitted Conditionally 4.230: Lot Requirements 4.240: Lot Dimensions 4.250: Yard ReqL1irements 4.260: Site and Diivelopment Provisions

Section 4. 200 Recreational Residential Zone (R-R). A development commensurate with the unique recreational character of the City.

Section 4. 210 Permitted Buildings and Uses.

1. Single-family dwellings. 2. Duplexes. 3. Planned Unit Developments. Planned Unit Developments are subject to the provisions of Article 1 0 of this Code. 4. Home occupations. Home Occupations are subject to the provisions of Section 2.050. 5. 'cottage Industries. Cottage industries are subject to the provisions of Section 2.050. 6. Gardens and greenhouses for the raising and harvesting of fruit and vegetables and flowers for non-commercial use. 7. Accessory buildings and uses to the extent necessary and normal in a residential neighborhood. Accessory buildings are not permitted in the front yard. 8. Manufactured Homes. 9. Recreational Vehicle Parks. However, all Recreational Vehicle Parks are subject to the provisions of Section 12.150(6) of this Code. 1 Jo, (1 0f c,/,;i.c, 5 ;7,YfJ it-rJ. 0(-rt' -c;•:J i''i -:l'tf\ Section 4.220 Buildings and Uses Permitted Conditionallv.

1 . Campground and picnic areas as well as rural park-like areas. 2. Private non-commercial recreational club such as tennis club, swimming club, an archery club, but excluding commercial amusement enterprises. 3. Public utility fac'lity. Mobile home parks. Commercial enterprises related to permitted uses. Multiple dwelling units.

( Lakeside Zoning Ordinance Page 39 Section 4.230 Lot Requirements. The minimum lot area shall be 6,000 square feet for a single-family dwelling and manufactured homes, and 8,000 square feet ,( 1 two-family dwelling. For three or more dwelling units per structure, 2,500 \, .. -,-'are feet of land will be required for each additional living unit. Each lot must be served by a public water system and a public sewerage disposal system. If these services are not provided, minimum lot size shall be governed by City Code and State Law. Recreational Vehicle Parks shall be governed by minimum lot requirements specified in Article 12 of this Code.

Section 4.240 Lot Dimensions. Lot width at front building line shall be at least 60 feet. Lot depth shall be at least 100 feet. See Section 2.020 of this Zoning Ordinance and Section 27 of Subdivision Ordinance.

Section 4.250 Yard Regulations.

1. The front yard shall be a minimum of 20 feet. 2. Each side yard shall be a minimum of 5 feet. 3. The street side yard shall be a minimum of 1 5 feet. 4. The rear yard shall be a minimum of 15 feet, except that structures (including projections) shall be aHowed to abut, but not intrude into, the right-of-way of an alley running parallel to the rear lot line. 5. No structure shall be located closer than 40 feet from the center line of a street, other than an alley or easement.

( '1tion 4. 260 Site arid Development Provisions. <,-. J Building or Structural Height Limitations:

1. Residential Buildings: The maximum building or structural height shall be thirty-five feet (35').

2. Accessory Buildings: The maximum building or structural height shall be . twenty feet (20').

Fences: See Code Section 2.015.

Vision Clearance: See Code Section 2.010.

Off-Street Parking: See Code Section 13.010.

Signs: See Code Article 14.

Manufactured Home Design Standards: .See Code Section 2.045.

Recreational Vehicle Park Standards: See Code Section 12. 150(6).

Lakeside Zoning Ordinance Page 40 ORDINANCE 03-242

An Ordinance amending Lakeside Zoning Ordinari'ce 168.

To delete from Section 4.220 (7) Travel Trailers; Recreational Vehicles (see Section 12.150), To add to Section 4.210 (10) Travel Trailers; Recreational Vehicles by no cost annual permit obtained from City Hall. No Occupancy longer than 120 days per calendar year per tax lot without a Conditional Use Permit. This does not apply to stored unoccupied RVs.

Passed this 10th day of April, 2003

ATTESTED: APPROVED:

,./'/ r_•/1//4 ,, <7//.? -· ~,.,~ .d-tt:..c-:-: . -:::::::::::s Susan Chauncey, City Recorcje?' Ed Gowan, Mayor

ORDINANCE NO. 07-258 ( AN ORDINANCE deleting Ordinance 192 in its entirety and amending Ordinance #168 Section 4.020 (15) of the ZONING ORDINANCE FOR THE CITY OF LAKESIDE

THE CITY OF LAKESIDE ORDAJNS AS FOLLOWS:

Section 1- City ofLakeside repeals Ordinance #192; and

· Section 2 - Ordinance No. 168 Section 4.020(15) of the Lakeside Zoning Ordinance, is hereby amended to read as follows:

Recreational vehicles and travel trailers (see section 12.150) may be used as Primary Residences for a period ofup to 120 consecutive days while a permanent residence is under construction. The applicant may apply for an e1..'iension oftime if needed to finish construction not to exceed orie year. The conditional use permit and eA.1ension of time will be subject to approval of the Lakeside Planning Commission.

FIRST READ to the Council the /)."" day of April, 2007

PASSED by the Council this /J.1''1 day of April 2007 .,... Signed by the Mayor this .f.2:_day of April 2007 Effective this~"' day of April 2007

ATTEST: ~Q rj ·v bk,LJ_. Charlie Hill, City Recorder HEAVY INDUSTRIAL (H·ll

SECTION:

6. 200: Heavy Industrial Zone (H·I) 6. 210: Permitted Buildings and Uses 6.220; Buildings and Uses Permitted Conditionally 6.230: Lot Requirements 6.240: Lot Dimensions 6.250: Yar.d Regulations 6.260: Site and Development Provisions

Section 6. 200 Heavy Industrial Zone (H-1). A zone intended to provide suitable areas for heavier industrial uses.

Section 6.210 Permitted Buildings and Uses.

1 . Manufacturing plant, including lumber and plywood mills. 2. Boat building and repair. 3. Manufacturing electrical equipment. . 4. Wholesale trucking and storage establishments . 5. · Accessory uses including but not limited to industrial land fills and storage. - Land fills are subject to appropriate State regulations. Section 6.220 Buildings and Uses Permitted Conditionally.

1 . Mobile home park. 2. Public facility. 3. Retail and wholesale establishments. 4. Pulp or paper mill. 5. Cement or asphalt plant. 6. Rendering plant or slaughter house. 7. Planned Unit Development. Planned Unit Developments are subject to the provisions of Article 10 of this Code.

Section 6.230 Lot Requirements. Minimum lot area requirement shall be 9,000 square feet. Each lot must be served by public water system and public sewerage disposal system. If these services are not provided, minimum lot size shall be governed by City codes and State law.

Section 6.240 Lot Dimensions. Lot width at the front of the building line shall be at least 90 feet. Lot depth shall be at least 100 feet.

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Lakeside Zoning Ordinance Page 49 "'.ection 5.250 Yard Regulations. In a Heavy Industrial zone, minimum yard ..1_QUirements are as follows:

1. Front yards shall not be required except where specified setbacks are required for road widening purposes. Side and rear yards will not be required except where they abut a residential zone or where setbacks are required for road widening purposes.

2. On the side of a lot abutting a residential zone, a yard shall be at least 15 feet plus one foot for each two feet by which the height of the building exceeds 28 feet.

3. On the rear of a lot abutting a residential zone, the rear yard shall meet the game requirem·ents as the side yard.

Section 5.260 Site and Development Provisions.

Building and Structural Height Limitations:

1. The maximum building height shall be forty feet (40') and shall be in compliance with the Airport Approach (A-A) overlay district where applicable (see Section 11. 1 00).

Z.... Towers, spires, chimneys, machinery penthouses, water tanks, radio aerials and similar structures and mechanical appurtenances shall not exceed sixty feet (60') in height and shall not be used for any commercial, residential, or advertising purposes.

3. All buildings and structures taller than thirty-five feet (35') shall be set back at least one hundred fifty feet ( 150') from any property line that abuts a residential district.

Fences: See Code Section 2.015.

Vision Clearance: See Code Section 2.010.

Parking and Loading Space: See Code Article 13.

Signs: See Code Article 14.

( Lakeside Zoning Ordinance Page 50 ARTICLE 7. OPEN SPACE DISTRICT

SECTION:

7 .100: Open Space Zone 7 .110: Permitted Buildings and Uses 7 .120: Buildings and Uses Permitted Conditionally 7. 130: Lot Requirements 7. 140: Lot Dimensions 7.150: Yard Regulations 7 .160: Conditional' Use Approval Criteria and Conditions

Section 7.100 Open Space Zone. Is intended to provide adequate recreation areas and to act as a buffer or transitional area between incompatible use classifications. Also, areas unsuited for development because of slope and soil limitations or aesthetic value might best remain open.

Section 7 .110 Permitted Buildings and Uses.

1. Recreational uses limited to day use such as:

a. Exhibition of natural conditions, and ( b. Picnicking areas and playgrounds.

2. Wildlife and marine life sanctuaries. 3. Management and harvest of forest products. 4. Agriculture use including grazing and farming. 5. Single-family dwelling or business with single-family dwelling associated with the above activities. 6. Private parks and playgrounds. 7. Rehabilitation, replacement, minor betterment, repair, and improvement of existing overnight camping facilities which do not cause significant increases in camping spaces.

Section 7.120 Buildings and Uses Permitted Conditionally.

1. Solid waste disposal facility. 2. Private hunting and fishing preserves. 3. Single-family dwelling on a parcel not less than 10 acres. 4. Golf course. 5. Home occupation. Home Occupations are subject to the provisions of Section 2.050. 6. Cottage industry. 7, Overnight camping facilities.

Lakeside Zoning Ordinance Page 51 Section 7. 130 Lot Requirements. For single-family dwellings the minimum lot sizB ,. ,/]~ii be 10 acres.

::iection 7. 140 Lot Dimensions. There shall be no minimum lot sizes for other permitted or conditional uses except as required by state and local sanitation regulations.

Section 7.150,, Yard Regulations.

1. The front yard shall be. a minimum of 40 feet. 2. Each side yard shall be a minimum of $ feet. 3. The street ,t,ide yard shall be a minimum of 15 feet. 4.. The rear yard shatr be a minimum o.f l5 feet, except that structures , (including projections) shall 'b.e allowed to .abut, but not ini11ude into, the right-of-way of: an alley running parallel to the reariot .line. 5. No structure shall be located closer th,,m 40 feet from th(l center line •of.a street, other than an alley; or easement.

Section 7 .160 Conditional Use Aobrnval Criteria and Conditions. The Planning Commission .shall require that the following approval criteria a.nd condi.tions o.f approval be met:

1 . . Approv.al Criteri.a:

a. The proposed use is .consistent with the preservatron of managed use of the op_en spac.f;l resource identified, if any, on the SL!bject property in the Compr1;,hensive Plan. ·

b, Where the subject property .is desig,nated for Llrban dev..,lopment ih the Comprehensive Plan, the pr.oposed use must :c)early be .Interim ·in nature or consistent with thsl ultimate planned use,

c. A site investigation report may be required to determine the extent anc! 'location of the resource.

2. Conditions of Approv.al:

a. Conditions may b., impo.sed :to ,impJemi:,nt the recommendations and findings of a sfte investigation report.

b. Design review may be required.

c. Genen;1I conditions listed in Article 2 cf this coc!e may be applied.

d. Conditions may be imposed to implement the recommendations and findings of an impact assessment,

Lakeside Zoning Ordinance Page 52 ARTICLE 8. WATER USE DISTRICT

SECTION:

8.100: Water Use Zone (W-U) 8.11 0: Permitted Buildings and Uses 8.120: Buildi_ngs and Uses Permitted Conditionally

Section 8.100 Water Use Zone IW-Ul. The Water Use zone is a zone for such uses as boating, recreational marine harvesting, and navigational requirements.~ This classification is designed to protect the organisms living in the water but allow for the use of the waters surface.

Section 8.110 Permitted Uses and Buildings.

1 . Boating. 2. Recreational marine harvesting. 3. Navigational improvements. 4. Marine recreational activities such as boating and similar uses. 5. Public park or recreation facilities if water related. 6. Marinas, docks and other similar floating structures.

Section 8. 120 Buildings and Uses Permitted Conditionally.

1. Pilings, and dredge and fill activities. These activities are subject to State and Federal permit. 2. Public utility or communication facility easements.

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Lakeside Zoning Ordinance Page 53 ARTICLE 9. PUBLIC FACILITY DISTRICT (P-Fl

SECTION:

9. 100: Public Facility Zone (P-F) 9. 1 .J 0: Permitted Buildings and Uses 9. 120: Buildings and Uses Permitted Conditionally 9. 130: Lot Requirements 9. 140: Commercial Exhibit and Public Events Permits

Section 9.100 Public Facility Zone (P-Fl. Designates land used for public facilities such as governmerit offices, schools, hospitals, transportation facilities, community centers and utility structures.

Section 9.110 Permitted Buildings and Uses.

1 . Government office. 2. Schools. 3. Hospitals. 4. Transportation facilities. Utility structures. ( Community activities/recreation center.

Section 9.120 Buildings and Uses Permitted Conditionally.

1. Boat Launching or moorage facilities. 2. Open recreation area. 3. Experimental Laboratory for research of marine coastal production or resource. 4. Bus station, taxi stand. 5. Museum, art gallery, or similar facility. 6. Accessory buildings and uses normal and incidental to the uses permitted in this section. 7. Temporary in-door or out-door commercial or non-profit exhibits, public events, concerts or gatherings, Such use will require Commercial Exhibit or a Public Events Permit (see Section 9 .140 below).

Section 9.130 Lot Requirements. There shall be no minimum lot area where both a public or community water supply system and a public sewerage disposal system are available. If these systems are not available, minimum lot size shall be determined by local and state law requirements.

Lakeside Zoning Ordinance Page 54 Section 9.140 Commercial Exhibit and Public Events Permits. Commercial Exhibit -., and Public Events Permits can be issued for a period of not more than four days, upon completion of permit applications and payment of required fees. If permit extensions are needed, Planning Commission consideration will be required.

Lakeside Zoning Ordinance Page 55 ARTICLE 10: PLANNED UNIT DEVELOPMENT ZONE (P-Dl

SECTION:

10.100: Planned Unit Development Zone (P-D) 10.110: Permitted Buildings and Uses 10.120: Buildings and Uses Permitted Conditionally 10.130: Development Standards 10.140: Yard Regulations, Parking Requirements, Wood Fences, Walls and Other Structures 10. 150: Open Space 1 0.160: Cons~ruction Standards 10.170: Dedication and Maintenance of Facilities 10.180: Use of Professional Coordinator and Design ieam 10.190: Planned Unit Development Procedure

Section 10.100 Planned Unit Development Zone {P-D). ihe use of innovative residential development for large land areas. Both Planned Unit Development (PUD) concepts and other innovative subdivision approaches would be appropriate types or development. Greater flexibility for integrated single and multi-family units ,and open space areas can be achieved along with more diverse options for lot size, t,'1sities, and land uses within these approaches. The Planned Unit Development ;-;;;gulations are intended to:

1. Encourage the coordinated development of unplatted land.

2. Encourage innovate land utilization through a flexible application of zoning regulations.

3. Preserve the natural amenities of land and water.

4. Promote an attractive, safe, efficient and stable environment which incorporates a compatible variety and mix of uses and dwelling types.

5. Provide for the efficient use of public utilities, services and facilities.

6. Encourage comprehensive site planning in areas of sufficient size to provide developments at least equal in quality than that resulting from traditional lot­ by-lot development.

Section 10.110 · Permitted Buildings and Uses.

Planned residential developments:

Lakeside Zoning Ordinance Page 56 a. General - Single-family. i b. Multi-Family Residential. '\ .. C. Recreational Residential. d. Common public and private non-profit parks and playgrounds, community center and recreation facilities. e. Hiking and riding trails. f. Private non-commercial clubs, such as golf, swim, tennis and country clubs. g. Accessory structures and uses.

2. All other districts:

a. All uses permitted outright in the designated zoning district. b. Conditional uses permitted in the designated zoning districts provided the requirements of Article 12 of this code are met. c. Recreational uses, such as a golf course, private park, recreational building, club house, or social hall. d. Commercial uses.

Section 10.120 Buildings and Uses Permitted Conditionally.

1 . Commercial uses within a planned residential development which are designed to serve the residents of the development with goods and services. 2. Libraries. 3. Churches. 4. Educational structures. 5. Public utilities. 6. Service structures. 7. Planned commercial and industrial districts.

a. Uses permitted in the underlying district. b. Other uses as approved by the Planning Commission consistent with the development plan and program approved by the Planning Commission. c. Accessory buildings and uses.

8. Planned civic, public service, and educational development districts.

a. Municipal and civic centers, parks and recreational facilities. b. Public or private educational institution. c. Hospitals, including retirement homes. d. Research facilities limited to academic research functions. e. Service uses including but not limited to civic theaters, museums, churches, convents, and monasteries.

Lakeside Zoning Ordinance Page 57 Section 10.130 Development Standards. ,( .., Conflicts Between Standards: In case of conflict between standards set forth in this section and other parts of this zoning ordinance, the standards provided for in such other parts of the zoning ordinance shall govern unless the Planning Commission and Council shall have granted a variance from said standards in the approval of the final plan.

2. Minimum Development District Size: A planned residential zone shall not be established on less than 5 acres of contiguous land unless the Planning Commission finds that property of less than 5 acres is suitable as a Planned Unit Development zone by virtue of its unique character, topography, or landscaping features, or by virtue of its qualifying as an isolated probl'em area as determ'ined by the Planning Commission.

3. Lot Requirements: Lot requirements including area, dimensions and coverage shall be the same as the underlying zoning districts unless the Planning Commission finds that an exception is warranted in terms of character and amenities proposed in the total development plan.

4. Maximum Building Height: Buildings shall not exceed the height limitations prescribed in the underlying zoning district(s) in which the P-D is located.

-~ Off-Street Parking: The requirements for off-street parking and loading shall ( be in accordance with requirements specified in Section 13.010 of this Code. Parking spaces or garages may be grouped together when the Planning Commission determines that such grouping of parking spaces, and the location thereof, will be accessible and useful to the residents, guests, and patrons of the P-D.

Section 10.140 Yard Regulations, Parking Requirements, Wood Fences. Walls and Pther Structures. Requirements pertaining to these categories shall be the same as the underlying zoning districts unless the Planning Commission finds an exception is warranted in terms of character and amenities proposed in the ,total development plan.

Section 10.1 50 Open Space. Open space within a Planned Unit Development Zone means the land area is to be used for scenic, landscaping or open recreational purposes within the development. Open space shall be adequate for the recreational and leisure needs and use of the occupants and users of the Planned Unit Development zone. To the maximum extent possible the development plan and program shall assure that natural features of the land are preserved and landscaping is provided. In order to insure that open space will be permanent, dedication of the development right may be required to be dedicated to the City of Lakeside. Such instruments and documents guaranteeing the maintenance of open ,,..._1ce shall be approved as to form by the City Attorney. Failure to maintain the

I Lakeside Zoning Ordinance Page 58 open space or any other property set forth in the development plan and program shall empower the City of Lakeside to enter the property and bring said property up to the standards set forth in the development plan, and the City may assess the real property and improvements within the Planned Unit Development zone or the cost of creating and maintaining said open and recreational lands.

Section 10.160 Construction Standards. The provisions of the Zoning Ordinance, Subdivision Ordinance, Building Code and all other City Codes shall apply and control all design and construction of improvements within a Planned Unit Development zone except as specifically varied by the Council in approval of the Final Plan and subdivision,plat·as provided for.

Section 10. 170 Dedication and Maintenance of Facilities. The City may require that land has been set aside, improved, conveyed, or dedicated for the following uses:

1. Easement necessary to accommodate existing or proposed public utilities.

2. Streets, street lights, bikeways and pedestrian paths necessary for the proper development of either the P-D or adjacent properties.

Section 10.180 Use of Professional Coordinator and Design Team. The developer is required to employ a design team to ensure that the project is well planned, and to coordinate the process of application. The design team shall include an Architect or Engineer, a Landscape Architect, a Planner, .a Surveyor, and in some cases, a Soils Engineer. Designation of a professional coordin.ator doesn't prohibit the owner from taking part in the process.

Section 10. 190 Planned Unit Development Procedure.

1. Description and Purpose

The purpose of this section is to set forth the procedure to be followed in developing a Planned Unit Development.

2. Preliminary Development Plan and Program, Filing Fee

Any owner of real property in excess of 5 acres desiring to develop a Planned Unit Development zone shall submit a preliminary development plan and progr.am to the Planning Commission of the City of Lakeside together with, a Planned Unit Development zone filing fee. For the purposes of this article "owner" shall mean and include any public body, corporation or a holder of a written option to purchase said property. Such preliminary development plan and program shall consist of a preliminary plan in schematic design and a written program jointly containing the following information:

Lakeside Zoning Ordinance Page 59 a. Identification and Description

Proposed name of Planned Unit Development zone, location by legal description, names and addresses of applicant, owners, and designers of the Planned Unit Development zone; bar scale and written. scale of plan ( 1" to 100'); date of plan and program and north point.

b. Existing Conditions

Contours at an interval of 1 foot for ground slopes less than 5%, 2 . foot contour intervals for ground slopes between 5% and 10%, 5 foot contour intervals for ground slopes exceeding 10%, location and direction of all water courses; natural features, such as rock outcroppings, marshes, wooded areas, etc.; location and names of all existing or prior platted streets or other public ways, railroad and utility rights-of-way, parks and other open public spaces, permanent buildings and structures and their uses, permanent easements and City boundaries within 500 feet of the development; existing sewers, water mains, culverts, and other underground facilities within the development, indicating pipe sizes, grades, manholes, and their exact location.

c. Proposed Development

A preliminary plan shall show the following in addition to other requirements of the Planning Commission:

i. A map showing street systems, lot or partition lines, and other divisions of land for management, use or allocation purposes.

ii. Areas proposed to be conveyed, dedicated or reserved for public streets, parks, parkways, playgrounds, school sites, public buildings, and similar public and semi-public areas.

iii. A plot plan for each building site and common open space area, showing the approximate location of buildings, structures, and other improvements and indicated the open spaces around buildings and structures.

iv. Elevation and perspective drawings of proposed structures.

v. A development schedule indicating:

A. The approximate date when construction of the project can be expected to begin.

Lakeside Zoning Ordinance Page 60 B. The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin.

C. The anticipated rate of development.

D. The approximate dates when each stage of development of common open space that will be provided at each stage.

E. The area, location, and degree of development of common open space that will be provided at each stage.

vi. Agreements, provisions, or covenants which govern the use, maintenance and continued protection of the planned unit development and any of its common open space areas.

vii. The following plans and diagrams, insofar as the reviewing body finds that the planned unit development creates special problems of traffic, parking, landscaping, or economic feasibility: ·

A. An off-street parking and loading plan. f - B. A circulation diagram indicating proposed movement of vehicles, goods and pedestrian$ within the planned unit development and to and from the thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate or insure the safety of this circulation patter shall be shown,

C. A landscaping and tree plan.

D. An economic feasibility report or market analysis,

3. Review of Preliminary Development Plan and Program

Upon filing of the preliminary development plan and program and receipt of the initial filing fee, the Planning Director and the appointed City representative of Public Works shall review the preliminary development plan and program and shall prepare for submission to the Planning Commission a planning staff report containing the following information in addition to such other information as is pertinent:

Lakeside Zoning Ordinance Page 61 a. A map showing the existing zoning of the subject property and adjoining properties within or without the boundaries of the City of Lakeside.

b. Existing land use map of the area within 1,000 feet of the subject property.

c. Report comments on consistency of the proposed Planned Unit Development with the Lakeside Comprehensive Plan, the zoning; Subdivision Ordinances of the City of Lakeside, and a prospective effect of said Planned Unit Development on land use, character and environment, traffic, City services, etc.

4. Planning Comn:iission Review of Preliminary Development Plan and Program

Following receipt by the Planning Commission of the Planning Director's report upon the preliminary; development plan and program, the Planning Commission shall hold a public hearing following adequate publication of the notice of public hearing in a newspaper or general circulation.

5. Conditional Approval by Planning Commission

Upon review at the public hearing, or any continuance thereof, the Planning Commission may conditionally approve the principle of the preliminary plan """ and program, require amendment and modification thereto, or reject said Planned Unit Development. The Planning Commission may require such changes and impose such conditions as they determine to be prudent and desirable. The Planning Commission may, at its discretion, authorize submission of the final plan in stages, corresponding to the different phases or elements of the development, after receiving evidence assuring completion of the entire project on schedule.

6. Time Limit - Filing Final Development Plan and Program

Upon acceptance of the Planned Unit Development in principle with modifications required by the Planning Commission, the owner-applicant shall file with the Planning Director within six months of the preliminary approval of the Planning Commission, a final development plan and program. In addition, the developer may submit such additional data as may be required by the Subdivision Code of the City seeking contemporaneous approval of the subdivision plat with approval of the final plan and program.

7. Final Development Plan and Program

The final development plan and program shall contain the following -- information: Lakeside Zoning Ordinance Page 62 ( a. Land use:·

i. A land use plan showing all proposed uses within the Planned Unit Development. ii. All areas proposed to be dedicated or reserved for interior circulation, Public parks, playgrounds, school sites, public buildings, or otherwise dedicated or reserved for the public. iii. Open space that is to be maintained and controlled by the owners of the property and their successors in the interest of being available for the recreational and leisure use of the occupants and users of the Planned Unit Development.

b. Contours and Drainage:

i. Contours as they will be after development. ii. Drainage system and sanitary sewers and treatment facilities as required.

c. Circulation:

i. A street system and lot design with appropriate dimensions. A subdivision plat if the land is to be subdivided shall comply with { this requirement. ii. A traffic flow map showing circulation patterns within and adjacent to the proposed development. Any special engineering features and regulation devices needed to facilitate or insure the safety of the circulation pattern shall be shown. iii. Location and dimensions of pedestrian walkways, malls, and foot and horse trails.

d. Parking and Loading:

i. Location, arrangement, number and dimensions of automobile garages, parking spaces and the width of aisles, bays, and angle of parking. ii. Location, arrangement and dimensions of truck loading spaces and docks.

e. Architectural Sketches:

I. In a Planned Unit Development containing less than 25 acres the developer shall submit preliminary architectL1ral sketches depicting the types of buildings and their approximate location on lots. The sketches shall also depict the general height, bulk, and type of construction and proximity of structure on lots.

Lakeside Zoning Ordinance Page 63 ii. In a Plal'lned Unit Development containing more than 25 acres the develop.er shall submit architectural .sketches as required above for each ph;,se of development containing. less than 25 acres before the time such phase begins actual constructi.on, For a Planned UniI Development or phase thereof ln excess .of 25 ac:res the dEweloper shall submit architectural sketches depicting the type$ pf buildings [:,ingle 0 family, duplex, rnultisfamily, commercial, etc.) and their prospective loc,!tions in the d?velopment, showing their general height and bulk in relationship to the other imprqvements in the deveJopment and upon adjacent land.

f. Landscaping:

L In Planned Unit Development orcpnstruction phases therein qontaining less than 2.5 acres the developer shall submit a preffminary landscaping plan depicting tree plantings., ,ground cover, grndes, slopes, screen plantings and fe;nces·, etc. and showing existing trees in ex.cess of ~ 2 .inches in (:Ji;,meter me_asurec;i four fl'let from t:Jround level and showing the location of trees to be removed by the development. ·

ii. In a Planned Unit Development containing more than 25 acres ( the. developer shaJl ,submit a preliminary landscapin_g plan or wdtt~m portion of th.e prograll1 of d'evelopm,ent se.tting forth the proposed landscaping design concepts around residentlc(I and commerGial struGtures and, in and arotmd open spaces and public re.creatlonal areas. ·

The written program shall contain the following information:

i. Table showing the total numb.er of acres and their distribution by us;e, the percentage designed for e.ac.h ,;!welling type and for mm,residentiai uses, incl1,1ding off-street parking., streets, parks, playgrounds, schools and open .spl'!ces as shown in the proposed development plan.

ii. Table showing the overall density of the propos,ed residential development and showing di,nsity by dwelling types.

li.i. Drafts of 1;1ppropriate. restrictive covenants and al.I other documents providing for the maintenance of any public open space and recre;'ltional areas not dedicated to the City including

Lakeside Zoning Ordinance Page 64 agreements by property owners associations, dedic<'!tory deeds or reservations of public open spaces.

vi. A. time schedule showing construction commencement, rate of development, and approxim<1te completion date for each phase of construction and type of structure, ··

v. The stages for development of private and public facilities planned,

vi. ,. Writtelil consent of .ill persons owning any Interest in the r.eal property within the Ph,nned Unit Development to the final devefopment .plan and pro gr-am.

vii. Such other ·inforrnatfon as the Planning Commission may require.

8. Planning Commis.slon Public Hearing on Final Development Plan and Program

a.. Upon re.c,iipt and review by the Plann.ing D.irector of the final development plan ·c1nd program, the Planh1ng• Commission at .a r.egular public meeting sha'll consider-the finc1J .development plan .ind program and sha:11 approve the final development plan ancf program as belng in compfianµe with the requirements and inte.nt of this ordin<'!nce1; pf

" ' p. Continue. the public hearing to a cf ate, certain d,ate and refer the petiti0n. a_nd final development plan to the Planning Director with recoromenc;lations .:1s to amending the petitio.n and proposed development pti,n ,i,nd program; or,

p, Dis.:ipp.rove the final development plan and program as inconsiste:nt with the inti,nt of this article and .ab.andon hearings and proceedings therein,

9.. Filing of Approve(/ Final Plan and Program

Following <'!pprov.al of the final development pl<1n and progr

Lakeside Zoning Ordinance Page 65 $~ Recording of Notice of Final Development Plan

Each ·owner of the property within the Planned Unit Development shall execute a notice prepared by the. City of Lake.side that the final development ph;1n ;and program approved by the. Phmning Commission. Such notice sha.11 contain a .le.gal description of the profJet'ty, referring to the -certified copy of the. final development plan and program filed in the office of the City R_ecorder ape:! be acknowledged by each of the owners .of property within the · Planned Unrt Development. Said notice shall be re.corded in the office-of the City Recorder of Lakeside.

11 . Development Improvement Prohibited Pending Compliance

NP excavc1ting, grading, construction, improvem1;1nt or building or permits therefore shail be authorii.id o-r issued within a Planned Lin.it D.evelopment pencting compliance with the following: ·

a; Full compliance With .all p.rovisioni, of this ilrticle including execution and filin~ of all documents require.cl herein.

b .. Compliance with the -subdiVis_ion code of the. City of Lakeside, improvement ;qrdiri.uices of the .City of Li,keside, and building-code of th.e City o·f Lakesikle. -

G, Full compliance With the final development plan and program.

12. Changes to Final De11.iJopmtlnt Plan and Program

The ownslr-appl{c

and recreatio.nal area. Changes which .alter or chang.e dwelling unit density 1 ratio of number of different types of dwelling units, commercial uses, ~ boundaries of the Planned Unit Development or affects location or area of open and recreational spaces shall be made in the form of a petition for

Lakeside Zoning Ordinance Page 66 approval of a ;new Planned Unit Development and shall be made in .;,~ accordance with this Article.

1 3. Expiration of Planned Unit Development

If substantial construction or development of the Planned Unit Development has not occurred in accord.ance with toe approved final dE;ivelopment plan afld program and schedule for stage completion in substantial camplicJnce with said final development plan and program, the Planning Commission may initiate '

Lakeside Zoning Ordinance Page .G7 ARTICLE 11. OVERLAY ZONES

AIRPORT APPROACH (A-A)

SECTION:

11.100: Airport Approach Zone (A-A) 11. 110: Special Definitions 11. 120: Application of Airport Approach Provisions 11. 130: Permitted Uses Not Requiring An Airport Approach Permit 11.140: Permitted Uses Requiring An Airport Approach Permit 11 . 1 50: Procedure 11 . 1 60: Limitations

Section 11. 100 Airport Approach Zone (A·A) . Applies to properties which lie within the air approaches to airports. Further, this zone is intended to prevent the establishment of air space obstructions in air approaches through height restrictions and other land use controls as deemed essential to protect the health, safety and welfare of the people of the City of Lakeside.

( ""'v:::tion 11. 110 Special Definitions.

1. "Airport Approach" means a fan-shaped area beyond the end of a runway where special land-use and height regulations are established.

2. "Airport Hazard" means any structure, tree, or use of land which unreasonably obstructs the air space required for the safe flight of aircraft in landing or taking off at an airport or landing field, or is otherwise hazardous to such landing or taking off of aircraft.

3. "Place of Public Assembly" means a structure which the public may enter for such purposes as deliberation, education, worship, shopping, entertainment, amusement, or awaiting transportation.

4. "Airport-Clear Zone" The fan shaped area 1,000 feet beyond the end of the runway which is kept clear of airport hazards.

Section 11.120 Application of Airport Approach Provisions. In any zoning district where an A-A designation is combined with a primary district, the following regulations shall apply. If any conflict in regulation or procedure occurs with zoning districts hereinfore specified, the provisions of the Airport Approach Overlay District shall govern. /~

Lakeside Zoning Ordinance Page 68 ( Section 11.130 Permitted Uses Not Requiring An Airport Approach Permit.

1. Agriculture, excluding the commercial raising of animals which would be adversely affected by aircraft passing overhead. 2. Landscape nursery, cemetery, or recreational areas, which do not include buildings or structures. 3. Roadways, parking areas, and storage yards located In such a manner that vehicle lights will not make it difficult for pilots to distinguish between landing lights and vehicle lights, or result in glare, or in any other way impair visibility in the vicinity of the land approach. 4. Pipelines. . , 5. Underground utility wires.

Section 11. 140 Permitted Uses Requiring An Airport Approach Permit.

1. A structure or building accessory to a permitted use. 2. A single-family dwelling, or commercial or industrial use if .permitted in the primary zoning district. 3. Buildings and uses of a public works, public service or public utility nature.

Section 11. 150 Procedure. The authority for issuing an Airport Approach Permit shall be subject to review by the Planning Commission to assure ordinance requirements are met. ( An application for an Airport Approach Permit shall be made in writing to the City Recorder. Information accompanying the application shall include:

1. Property boundary lines as they relate to the Airport Approach Zone and the end of the runway;

2. Location and height of existing and proposed buildings, structures, utility lines, and roads;

3. Statement from the State Aeronautics Division indicating that the purposed use-will not interfere with the landing facility, and;

4. A signed property covenant and hold harmless agreement.

Section 11 .160 Limitations.

1. No place of public assembly shall be permitted in the airport approach zone between Forth Lake Road on the south and Kings Avenue on the north.

2. The height of any structure shall be limited to requirements prescribed by the Planning Commission or by any other local ordinance or regulation.

Lakeside Zoning Ordinance Page 69 Whenever there is a conflict in height limitations prescribed by this ordinance or another pertinent ordinance, the lowest height limitation fixed shall govern. Provided, however, that the height or other limitations and restrictions here imposed shall not apply too such structures or uses customarily employed for aeronautical purposes.

4. No glare producing materials shall be used on the exterior of any structure located within the airport approach district.

I ...,_ \

Lakeside Zoning Ordinance Page 70 FLOOD PLAIN ZONE (F-Pl

SECTION:

11.200: Flood Plain Zone (F-Pl 11. 205: Special Definitions 11.210: Lands to Which This Ordinance Applies 11.215: Basis for Establishing the Areas of Special Flood Hazard 11.220: Establishment of Development Permit 11.225: Designaticm of the Planning Commission 11.230: Duties and Responsibilities of the Planning Commission 11.240: General Standards 11.250: Specific Standards 11 . 260: Floodways

Section 11. 200 Flood Plain Zone (F-P). The Legislature of the State of Oregon has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by methods and provisions designed for:

1. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

2. Requiring that uses vulnerable to floods; including facilities which serve such uses, be protected against flood damage at the time of initial construction;

3. Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

4. Controlling filling, grading, dredging, and other development which may increase flood damage; and

5. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

Section 11.205 Special Definitions. Unless specifically defined in Article 3 of this Ordinance, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. Further, for the purposes of Section 11.200-260,

Lakeside Zoning Ordinance Page 71 ··mobile home" does not include recreational vehicles or travel trailers. I .t...!!anufactured Home" means a structure, transportable in one or more sections, .ich is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 1 80 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles.

11.210 Lands to Which This Ordinance Applies. This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the City of Lakeside. ·

11.215 Basis for Es1ablishing 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 Lakeside" dated June 17, 1983,. with accompanying Flood Insurance Maps is hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study is on file at the Lakeside City Hall.

11. 220 Establishment of Development Permit. A development permit shall be obtained before construction or development begins within any area of special flood hazard establlshed in Section 11.215. The permit shall be for all structures including mobile homes or manufactured homes, as set forth in the "Definitions" •-rj for all other development including fill and other activities. Also as set forth in •. ,a "Definitions".

11.222 Designation of the Planning Commission. The Planning Commission is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions.

11 .230 Duties and Responsibilities of the Planning Commission. Duties of the Planning Commission shall include, but not be limited to:

1. Permit Review:

a. Review all development permits to determine that the permit requirements of this ordinance have been satisfied.

b. Review all development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required.

c. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 11. 260 are met.

Lakeside Zoning Ordinance Page 72 l 2. Use of Other Base Flood Data: When base flood elevation data has not been provided in accordance with Section 11.215, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Planning Commission 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 Sections 11.250 SPECIFIC STANDARDS, and 11.260 FLOODWAYS.

3. Information to be Obtain and Maintained:

a. Obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all net or substantially improved structures, and whether or not the structure contains a Basement.

b. For all new or substantially improved flood proofed structures:

i. Verify and record the actual elevation (in relation to mean sea level), and

ii. Maintain the flood proofing certifications required in Section 11.250(2)(c).

4. Alteration of Watercourses & Neighboring Communities

a. Notify adjacent neighboring communities and the State Coordinating Agency (DLCD) prior to any alteration or relocation of a water course, and submit evidence of such notification to the Federal Insurance Administration.

b. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

5. Interpretation of FIRM Boundaries

Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of Section 1920. 6 of the rules and regulations of the National Flood Insurance Program (24 CFR 1090, etc.).

Lakeside Zoning Ordinance Page 73 ( 1.240 General Standards. In all areas of special flood hazards the following -ndards are required:

1. Anchoring:

a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

b. All mobile homes shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that:

i. Oyer-the-top be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring one additional tie per side:

ii. Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with mobile homes less than 50 feet long requiring four additional ties per side;

iii. All components of the anchoring system be capable of carrying ( a force of 4,800 pounds; and iv. Any additions to the mobile home be similarly anchored.

c. An alternative method of anchoring may involve a system designed to withstand a wind force of 90 miles per hour or greater. Certification must be provided to the Planning Commission that this standard has been met. Defer to FEMA's Manufactured Home Installation in flood hazardous guide book for additional techniques.

2. Construction Materials and Methods:

a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

c. Design, elevation or locating of all utility systems of a structure to prevent floodwater from entering.

Lakeside Zoning Ordinance Page 74 3. Utilities:

a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and

c. On-site waste disposal systems and other utilities shall be located to avoid impairment to them or contamination from them during flooding.

4. Subdivision proposals:

a. All subdivision proposals shall be consistent with the need to minimize flood damage;

b. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and,

d. Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres (which ever is less).

5. Review of Building Permits.

Where elevation data is not available, applications for buj_Lding permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a Joe.al judgement and includes use of historical data, high water marks, photographs of past flooding, etc., where available.

11.250 Specific Standards. In all areas of special flood hazards where flood elevation data has been provided as set forth in Section 11.215 "Basis For Establishing the Areas of Special Flood Hazard" or Section 11.230(2) Use of Other Base Flood Data, the following provisions are required;

1. Residential Construction

Construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.

Lakeside Zoning Ordinance Page 75 ( a. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be 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 architect or must meet or exceed the following minimum criteria:

i. A minimum of two openings having a total net area of not less than one square inch for every foot of enclosed area subject to flooding shall be provided.

ii. The bottom of all openings shall be no higher than one foot above grade. '

iii. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

2. Nonresidential Construction

New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with {\ - attendant utility and sanitary facilities, shall: a. Be flood proofed 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; and

c. Be certified by a registered professional engineer or architect that the standards of this subsection satisfied. Such certifications shall be provided to the official as set forth in Section 11.230(3)(b).

d. Elevated nonresidential structures meet the same criteria for space beneath the lowest floor as residential structures.

3. Mobile Homes or Manufactured Homes

a. Mobile homes or manufactured homes shall be anchored in accordance with Section 11.240(1).

b. For new mobile home parks or manufactured home subdivisions; for expansions to existing mobile home parks and mobile home

Lakeside Zoning Ordinance Page 76 subdivisions; for existing mobile home parks and mobile home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for mobile homes or manufactured homes not placed in a mobile home park or mobile home subdivision, require that:

i. Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level; ' ii. Adequate surface drainage and access for water are provided,· and,

iii. In the instance of elevation on pilings, that:

lots are large enough to permit steps; piling foundations are placed in stable soil no more than ten feet apart; and reinforcement is provided for more than six feet above ground.

c. A Mobile Home or Manufactured Home may be placed in a floodway if it meets all the standards as provided in 11.250 and 11.260.

4. Placement of Fill in Areas of Special Flood Hazards. Prior to any placement of fill material in Areas of Special Flood Hazards an engineering study shall. be prepared and provided to the City by the applicant. The engineering study shall be prepared by a registered professional engineer or architect and shall demonstrate that placement of fill, on the subject site in the manner described, shall not result in any increase in flood levels or damage to other properties during the occurrence of the base flood discharge. This study shall, as a minimum, present assessments of:

a. Changes in floodplain hydrology due to proposed placement of fill;

b. Engineering actions necessary to assure non-movement of proposed fill (i.e. soil type, compaction, embankment protection, drainage, etc.).

11.260 Floodways. Located within areas of special flood hazard established in Section 11. 215 are areas designated as flood ways. Since the flood way is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

Lakeside Zoning Ordinance Page 77 1. Prohibit encroachments including fill, new construction, substantial improvement, and other development in unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

2. If Section 11.260 is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provision of Sections 11.240-11.260.

3. No development shall be allowed in the wetland areas as identified in the Lakeside Comprehensive Plan.

I

Lakeside Zoning Ordinance Page 78 ( YOUNGER STABILIZED DUNES {Y-S)

SECTION:

11.300: Younger Stabilized Dune Zone (Y-S) 11.310: Special Definitions 11 .320: Application of Younger Stabilized Dune Provisions 11.330: Permitted Uses 11 .340: Conditional Uses 11.350: Procedure 11 .360: Minimum Requirements

Section 11.300 Younger Stabilized Dune Zone (Y-S). Zone is intended to be applied to properties that lie within areas of Younger Stabilized Dunes. This district is intended to prevent the reactivation of sand dunes through minimal vegetation removal and stabilization program. This district is deemed essential to protect the health, safety and welfare of the ·people of the City of Lakeside.

Section 11. 310 Special Definitions.

1 . "Younger Stabilized Dunes" means a sand dune formation with sufficient vegetation to be stabilized from wind erosion but with weakly developed soils or little if any cohesion of sand under the vegetation.

2. "Stabilization Program" is a program of controlling the movement of sand by vegetative growth such as natural grasses and shrubs and mechanical means such as wire net or fencing.

Section 11.320 Application of Younger Stabilized Dune Provisions. Any zoning district where a Y-S designation is combined with a primary district the following regulation shall apply. If any conflict in regulation of procedures occurs with the zoning districts hereinbefore specified, the provisions of the Younger Stabilized Dune Overlay shall govern.

Section 11.330 Permitted Uses.

1. All uses permitted in the primary zone subject to Planning Commission review. 2. Sand stabilization activities.

Section 11.340 Conditional Uses.

1 . All uses permitted conditionally with primary zone subject to Planning Commission review.

Lakeside Zoning Ordinance Page 79 ,ection 11.350 Procedure. An applicant seeking a site review before the Planning "mmission shall make an application to the City office. Information ··ompanying the application shall include:

1. Property boundaries as they relate to the Younger Stabilized Dunes.

2. Existing topography, vegetation, and uses.

3. Location of proposed structures, uses, roads and other improvements.

4. Proposed grading plan to include cut and fill areas, general slope of the property and any retaining walls or slope protection.

5. Proposed stabilization program and timing for the program.

6. The type of proposed use,

Section 11.360 Minimum Requirements. A development in the Y-S overlay zone shall go through a Planning Commission site review and receive approval prior to any development that wifl cause the sand to become active. Development shall be regulated in accordance with the following minimum standards:

1. Removal of vegetation during construction in the Y-S overlay zone shall be kept to the minimum required for building placement or other valid purposes.

L. Removal of vegetation should not occur more than 30 days prior to grading or construction.

3. Permanent re-vegetation or stabilization shall be started as soon as practical after construction, grading or utility placement.

4. Storage of materials should not suffocate vegetation.

5. Excavation and grading shall be carefully controlled through the enforcement of the Uniform Building Code and the above policies.

6. The developer or party initiating action in the Y-S overlay zone shall be responsible for preventing adverse impacts on adjacent properties, city streets or utilities. Where necessary the City may cause such impacts to be corrected at the expense of the developer, and place a lien on the property.

7. All development in the Y-S overlay zone shall be connected to the municipal water system to prevent groundwater drawdown.

8. Construction and siting of a building shall be done in such away as. to minimize blowing sand under the foundation.

{ Lakeside Zoning Ordinance Page 80 STEEP SLOPES (S-Sl (

SECTION:

11.400: Steep Slopes (S-S} 11.410: Special Definitions 11.420: Application of the Steep Slope Provisions 11.430: Permitted Uses 11.440: Conditional Uses 11.450: Procedure 11.460: Minimum Requirements

Section 11 .400 Steep Slopes Zone /S-S). Zone is intended to be applied to properties that lie within those areas that have been identified as having steep regional slopes as identified by the Soil Conservation Service. This district is intended to minimize erosion through vegetation management, drainage control and lot size. The district is deemed necessary to protect the health, safety and welfare of the people of the City of Lakeside.

Section 11.410 Special Definitions.

1 . "Steep Slope Areas" are those areas that have been identified as having steep slopes by the Soil Conservation Service, or any slope over 30% within the City.

2. "Vegetation Management Program" is a program of managing the vegetation to minimize erosion in steep slope areas. This program includes tree and shrub removal as well as re-vegetation of those areas that vegetation has been removed.

3. "Drainage Plan" is a plan of how surface water will be drained. This includes proposed culverts, alteration of drainage patterns and how down spouts and other sources of water will be disposed of.

Section 11.420 Application of the Steep Slopes Provisions. Any district where a S-S designation is combined with a primary district the following regulations shall apply. If any conflict in regulation of procedures occurs with the zoning districts hereinbefore specified the provisions of the steep slopes overlay shall govern.

Section 11.430 Permitted Uses.

1. All uses permitted in the primary zone provided the parcel size is 10,000 square feet or larger and is subject to Planning Commission review. (

Lakeside Zoning Ordinance Page 81 'ection 11.440 Conditional Uses.

All uses permitted in the primary zone if the lot size is between 6,000 and 10,000 square feet and is subject to Planning Commission review.

2. All uses permitted conditionally in the primary zone and is subject to Planning Commission review.

Section 11.450 Procedure. An applicant seeking a site review before the Planning Commission shall make an application to the City office. Information accompanying the application shall include: -I 1. Property bouncjaries as they relate to the steep slopes.

2. Existing topography, vegetation and uses.

3. Location of proposed structures, uses, roads and other improvements.

4. Proposed grading plan to include cut and fill areas, general slope of the property, and any retaining walls or slope protection.

5. Proposed vegetation management program.

Proposed drainage plan to include location of existing drainage patterns locations of springs, streams or drainage ditches.

Section 11 .460 Minimum Requirements. A development in the S-S overlay zone will go through a Planning Commission site review and receive approval prior to any development that may cause slope failure, erosion, or may alter drainage patterns. Development shall be regulated in accordance with the following minimum standards:

1 . Removal of vegetation stabilizing the slopes will be kept to the minimum required for building placement or other valid purposes.

2. Removal of vegetation should not occur more than 30 days prior to grading or construction.

3. Permanent re-vegetation shall be started as soon as practical after construction, grading or utility placement.

4. Excavation and grading will be carefully controlled through enforcement of the Uniform Building Code.

Surface water will not be drained off onto a fill area or shall not cause problems to down slope properties. I I'.

Lakeside Zoning Ordinance Page 82 6. The developer or the party initiating an action in the S-S overlay zone shall be responsible for preventing adverse impacts on adjacent or down slope properties, streets or utilities.

Lakeside Zoning Ordinance Page 83 ARTICLE 12. CONDITIONAL USE PERMITS

SECTION:

J 2.100: Description and Purpose 12,j 05: Use Permit Prerequisite to Building 12.110: Applications, etc. 12. 115: Public Hearing and Notice 1 2. 120: Action 1 2. 125: Effective Date 12.130: Expiration of Conditional Use Permits 12.1 35: Revocation 1 2. 140: General Criteria 1 2.145: General Conditions 12.150: Additional Conditions

Section 12.100 Description and Purpose. Certain types of uses require special consideration prior to their being permitted in a particular district. The reasons for such considerations requiring special consideration involve, among other things, the size of the area required for the development of such uses, the effect such ',Lses have on the public utility systems, the nature of the traffic problems · "idental to operation of the use, the effect such uses have on any adjoining land . ~es, and the effect such uses have on the growth and development of the community as a whole.

· All uses conditionally are declared to be possessing their being included as outright uses in any of the various districts created by this code. The authority for the location and operation of certain uses shall be a subject to review by the Planning Commission and the issuance of a Conditional Use Permit. The purpose of review shaU be to determine that the characteristics of a proposed conditional use shall not be unreasonably incompatible with the type of uses permitted in surrounding areas, and for the further purpose of stipulating such conditions as may be reasonable so that the basic purposes of this code shall be served. Nothing construed herein shall be deemed to require the Planning Commission to grant a Conditional Use Permit.

Section 12.105 Use Permit Prerequisite to Building. No building permit shall be issued when a Conditional Use Permit is required by the terms of this section, unless a permit has been granted by the Planning Commission and then only in accordance with the terms and conditions of the Conditional Use Permit. Conditional Use Permits may be temporary or permanent for any use or purpose for which such permits are required or permitted by provisions of this section .

.~ (

Lakeside Zoning Ordinance Page 84 Section 12.110 Applications, etc~ The application for a Conditional Use Permit ( shall be made in writing to the City Recorder by the owner of the land in consideration on forms provided by the City. The City of Lakeside has established a consolidated procedure by which an applicant may apply at one time for all permits or zone changes needed for a development project. This consolidated procedure is subject to time limits set out in ORS 227 .178 and incorporated in this zoning ordinance. This procedure shall be available for use at the option of the applicant, and has been made available for use following Lakeside's first periodic review provided for in ORS 227.175 and ORS 197.640. The application shall be accompanied by the following information:

1. Site and building plans' and elevations;

2. Existing conditions on the site and within 300 feet of the site;

3. Utility and access data;

4. Operational data; and

5. All other information requested by the Planning Commission.

Section 12. 115 Public Hearing and Notice. The Planning Commission shall hold at least one public hearing on each Conditional Use Permit filed with the City Recorder.

Section 12.120 Action. The Planning Commission shall ..make specific findings for granting or denying a Conditional Use Permit in accordance with the general criteria and/or conditions of this section. The Planning Commission of the City of Lakeside or its designee shall take final action on an application for a permit or zone change, including resolution of all appeals under Section 1. 140 and in accordance with ORS 227.180 within 120 days after the application is determined complete. I Section 12. 125 Effective Date. No Conditional Use Permit granted by the I Planning Commission shall become effective until after an elapsed time of 15 days from the date the notice of the actio,1 or decision has been serv·ed. I,1 'I Section 12. 130 Expiration of Conditional Use Permits. A Conditional Use Permit ' shall be subject to the plans and other conditions upon the basis of which it was j,'I granted and shall terminate and become void unless: i I 1. The use authorized for such permit shall have commenced or construction I necessary thereto shall have commenced, on or before the time limit specified in such permit and thereafter diligently advanced; or I

2. If no time limit is specified, on or before six months after the date the permit I]! became effective; or I' J 'I I Lakeside Zoning Ordinance Page 85 j II,, i I ',I 1. Such period of time may be extended by the Planning Commission for a period of six months but not in excess of 18 months from the date the first order granting became effective.

Section 12. 135 Revocation. The Planning Commission, after notice and public hearing, may revoke any Conditional Use Permit on the basis of any one or more of the foll·owing grounds: '• 1. Violation of any of the provisions of the zoning code.

2. Failure to comply with any prescribed requirement of the Conditional Use Permit.

3. The use for which the permit was granted has ceased to exist or has been suspended for six consecutive months or for 18 months during any 3 year period.

4. The use for zoning which the permit was granted has been so exercised as to be detrimental to the public health, safety, or general welfare, or so as to constitute a nuisance.

Section 12.140 General Criteria. A Conditional Use Permit may be granted only if the proposal conforms to the following general criteria, as well as to all other ''•'ditional criteria or conditions required by this section or the Planning mmission.

1. That the proposed development shall be compatible with the general purpose and intent of the Lakeside Comprehensive Plan.

2. That the required dedication and improvement of streets within the development site for the proper extension and/or connection of necessary streets shall be made.

3. That the required dedication of right-of-way within the development site for the extension of collector and arterial streets shall be made.

4. That the use of the development site shall not adversely affect access to and subdivision of abutting properties.

Section 12. 145 General Conditions. The Planning Commission shall designate conditions in connection with the Conditional Use Permit as it deems necessary to secure the purpose of this section and may require the guarantees and evidence that such conditions may include: ·-1. Regulation of uses, special yard setbacks, coverage, and height. Lakeside Zoning Ordinance Page 86 2. Requiring fences, walls, screens, landscaping, and maintenance.

3. Regulation and control of points of vehicular ingress and egress.

4. Regulation of signs.

5. Regulation of noise, vibration, odors, and sightliness.

6. Requiring surfacing of parking, areas.

7. Requiring rehabilitation plans.

8. Regulation of hours of operation and duration of use of operation.

9. Requiring a time period within which the proposed use shall be developed.

10. Requiring bonds to ensure performance of special conditions.

11. Such other conditions as will make possible the development of the City in an orderly and efficient manner and in conformity with the intent and purposes set forth in this section.

Section 12.150 Additional Conditions. Some land uses by the nature of the activity associated with them require separate and intense consideration by the Planning Commission prior to their establishment. Such _uses and additional conditions follow:

1. Churches

a. Any building used for church purposes in any residential area, except free standing parsonages, shall provide and maintain a minimum setback of 20 feet from any property line which is under a different ownership and is zoned for residential use.

2. Hospitals

a. Any building used for hospital purposes shall provide and maintain a minimum of 50 feet from side and rear property lines, except in the street side of a corner lot where the street is dedicated to the public. Alleys contiguous to or within the property being used for hospital purposes may be included in the required setback.

3. Public or Parochial Schools

a. Any building used for school purposes shall provide and maintain setbacks of 50 feet from side and rear property lines, except on the

Lakeside Zoning Ordinance Page 87 street side of a corner lot where a setback of at least 25 feet shall be required. Alleys contiguous to or within the property being used for school purposes may be included in the required setback.

4. Agricultural Uses

a. Domestic farm animals except fowl and rabbits shall not be kept on lots having an area of less than 20,000 square feet. The total number of all such animals, other than their young under the age of six months, allowed on a lot shall be limited to the square footage of the lot divided by the total minimum areas required for each animal as listed below:

Horses, Cattle 10,000 square foot area Goats, Sheep 5,000 square foot area Bee Colonies 1,000 square foot area

The area of a property may be utilized one time only for the computation of the above allowable animal usage.

b. Animal runs or barns, fowl, and rabbit pens, and bee colonies shall be located on the rear half of the property but not closer than 70 feet to the front property line nor closer than 50 feet from any residence nor closer than 20 feet to any interior property line.

c. Domestic farm animals shall be properly caged or housed and proper sanitation shall be maintained at all times.

d. All animal or fowl food shall be stored in metal or other rodent-proof receptacles.

5. Service Stations.

a. General principles.

i. Service stations shall be located adjacent to and integrated with other commercial uses and shall not be developed in "spot" locations.

ii. A service station shall be located adjacent to an arterial street.

iii. Service stations in retail commercial shopping centers shall be integrated with but located on the periphery of retail commercial centers.

Lakeside Zoning Ordinance Page 88 iv. The size and naturn of a service station may be expected to ( vary with the location of a service station and market it is intended to serve.

v. The siting and architectural character of a service station shall blend with the existing or proposed character of the surrounding area. Variations in building design, materials, and functional features are encouraged.

vi. A pleasing uncluttered appearance of service stations should be assured by adherence to sign regulations, maintenance of · adequa'te landscaping, and limited outdoor display of automotive accessories.

b. Conditional Use Permit Provisions.

i. Location.

A. The site shall have a minimum of 125 feet of frontage on an arterial street.

B. At the time of its establishment, the property lines of the site shall not be conterminous with the property lines of an existing residential use.

C. The minimum distance from the site to a residential zone, schoo·l, park, playground, church, museum, or similar use shall be 200 feet except at an intersection.

D. The minimum distance between service stations shall 400 feet, except at intersections with exception of Section F.

E. Not more than two stations shall be located at any given intersection .. When two service stations are proposed to be located near an at-grade intersection, they should be situated on diagonally opposite corners.

F. Service stations on the same side of a street or road shall hereafter be constructed no closer than 1,500 feet to any part of a building housing another service station. This shall not prevent the re-modeling of a structure already in existence.

Lakeside Zoning Ordinance Page 89 G. Service stations developed in conjunction with other commercial development shall be situated on arterial streets on the perimeter of such development.

ii. Site Improvements.

A. A minimum of eight percent of the net area of a service station site shall be improved with well-maintained landscaping elements. These elements may include but will not be limited to plant materials, street furniture, and decorative surfaces. Emphasis should be on a pleasing appearance, quality of design, and proper balance between structure and landscape elements, rather •than satisfaction of quantitative criteria. Existing specimen trees, mature ornamental shrubs, and ground cover shall be preserved whenever possible.

B. A fence, hedge, or wall shall be erected on all interior property lines. Such a fence, hedge, or wall shall be a minimum of five feet and a maximum of seven feet in height, except within 40 feet of street rights-of-way where it may be no greater than three feet in height. No fence, hedge, or wall shall be within 15 feet of a street right-of-way. The fence, hedge, or wall shall screen 70 percent of the view between the service station and adjacent property and shall be reviewed by the Planning Commission for aesthetic and maintenance factors.

C. Each landscaped arid planted area shall be serviced by an installed irrigation system which is remotely operated.

D. A screened trash enclosure shall be provided on each station site.

iii. Area and dimensions.

A. Area. The maximum site area shall be 30,000 square feet. The minimum site area shall be 10,000 square feet.

B. Dimensions. The minimum width along an arterial street shall be 125 feet; the minimum depth shall be 80 feet.

vi. Access.

A. A service station shall be permitted not more than two curb cuts for each arterial street frontage.

Lakeside Zoning Ordinance Page 90 B. Service station driveways on arterial streets shall be located at least 10 feet from the nearest point of the intersection of public right-of-way.

C. Driveways for service stations which are developed as part of or in conjunction with adjacent uses shall be located as part of the total circulation element of such adjacent uses.

v. Signs.

A. Service stations shall be required to adhere to the sign regulations of the zoning district in which they are located. The aggregate to area of all signs shall not exceed the sign regulations of the zoning district in which they are located.

B. The following signs shall be allowed:

(1 ) One freestanding sign containing only the name, identifying symbol, or company trademark of the gasoline offered shall be permitted to a maximum area of 36 square feet each on no more than two sides; said sign shall lie placed in a planter or decorative wall structure and shall not exceed 35 feet in height.

(2) Signs aggregating not more than 20 square feet for the purpose of quoting gasoline ,prices, advertising trade stamps, a announcing service available, or any other like purpose.

(3) Signs for traffic and customer directions shall be permitted, provided no such sign is more than two square feet in area.

C. Signs attached to the building shall not extend above the roof line, parapet wall, or other integral part of the station building, provided that any such sign shall be limited to the same function as a freestanding hallmark and the area thereof shall be charged against the maximum area allowance for freestanding hallmark or hallmarks on the premises. Signs shall not be attached to and extend above the pump islands canopies.

Lakeside Zoning Ordinance Page 91 D. Signs, except for hallmark signs, existing on the effective date of this amendment, and not conforming to the provisions of this section, shall be removed within six months. Hallmark signs existing on the effective date of this amendment, and not conforming with the provisions of this section, shall be removed or made to comply within a period of five (5) years from the effective date of this code, the said hallmark sign shall also be adjusted so as not to exceed the maximum permitted by this code.

vi. Exterior Lighting.

A. Freestanding lighting fixtures shall not exceed a height of 20 feet. Other exterior lighting as may be necessary shall be permitted no nuisance or traffic hazard is created.

B. All lighting shall be of such illumination, direction, color, and intensity as not to create a nuisance on adjacent property or to create a traffic hazard.

C. Lighting fixtures shall be shielded as to reflect light away from adjacent properties.

vii. Operations.

A. One gasoline pump shall be permitted per 2,000 square feet of site area. A double pump station shall represent one pump.

B. Only those vehicles awaiting service shall be permitted to be stored on the premises.

C. Operations outside permanent structures shall be limited to the dispensing of gasoline, oil, water, servicing tires, and attaching and detaching trailers.

D. No auto body repair shall take place on the premises.

E. No major mechanical auto repair shall take place on the premises, unless such repair existed at the time this code was passed; then such repair shall be exempt from the requirements of Section 11. 150(7l(b)(xii) of this code.

F. Utility trailers, not exceeding 10 in number, may be stored for rent at service stations provided they occupy

Lakeside Zoning Ordinance Page 92 the rear half of the property and occupy an area of at least 2,000 square feet.

G. No mechanical-type car washing facilities shall be operated outside a structure.

H. Exterior sales display and storage areas shall be considered as areas of principal business activity and therefore they shall be required to be located and designed in a manner which will not detract from the pleasing appearance of the station.

I. No merchandise shall be stored overnight outside of an enclosed structure.

viii. Discontinuance of Operations.

A. When a service station is not operated for any nine months out of any 18 consecutive months, the Conditional Use Permit for the service station may be revoked.

B. When a service station is not operated for any nine months out of any 18 consecutive months, all storage tanks above and below ground shall be removed at the expense of the property owner.

C. Abandoned station premises shall be maintained in a safe and businesslike manner and shall not be allowed to deteriorate and become a nuisance or safety hazard. After the effective date of this code, all service stations shall be subject to subsections xiii(A) and xiii(B) above. The nature of a service station structure is such that, with long-continued vacancy and the accompanying deterioration and obsolescence, the building serves no useful economic or social purpose and injures the value and impairs the development of adjacent properties, all to the public detriment.

ix. Truck service stations. Service stations designed to primarily serve the trucking market shall be located in industrial districts. Such service stations shall have a minimum of 300 foot of frontage on an arterial Street. Such service stations shall be exempt from the maximum area, dimensions, and curb cut requirements.

Lakeside Zoning Ordinance Page 93 x. Design.

A. The architectural design of the service station shall be submitted with the plans on file for the request for a Conditional Use Permit.

B. A landscaping plan of the service station shall be submitted with the plans on file for the request for a Conditional Use Permit.

xi. A copy of the conditional use requirements for service stations shall be posted in each service station.

xii. Service stations in operation on the effective date of this code shall be deemed as conditional uses and shall continue to operate. These service stations shall meet the conditional use requirement of this code within the time limitations noted. Where no time limitations are noted for site improvements and operations the service stations shall meet these requirements within three years of the effective date of this code.

xiii. Off-site signs.

A. No off-site sign shall exceed a height of 35 feet or a sign area of 300 square feet; provided, however, that cut-out extensions may be added increasing the sign area not more than 20 percent and such extension shall not extend more than five feet above, two feet to either side, or two feet below tire display surface.

B. Off-site signs erected after the effective date of this code shall have primary structural members of steel or pressure-treated wood.

C. Off-site signs may not project over public property.

D. No off-site signs shall be located within 250 feet of another off-premise advertising sign on the same side of the street or highway. The spacing may be reduced to 150 feet if such signs are located in separate blocks with an intervening street intersection

E. There shall not be more than 1,500 square feet of area of off-site signs, including cut-outs, in one-half mile lineal as measured parallel to the center line of the highway or street. I ( I !I Lakeside Zoning Ordinance Page 94 l I

I!, I!

It F. Off-site signs shall not block the visibility of on-premise ( .... signs.

G. All off-site signs must comply with all State requirements, Chapters 377 ORS.

6. Recreational Vehicle Parks.

Recreational Vehicle Parks shall comply with all applicable state standards and shall comply with the following additional standards:

a. The space provided for each recreational vehicle shall. be not less than seven hundred (700) square feet exclusive of any space used for common areas, such as roadways, general use structures, and landscaped areas.

b. Roadways shall be not less than thirty feet in width if parking is permitted on the margin of the roadway, or less than twenty feet in width if parking is not permitted on the edge of the roadway, shall be paved with asphalt, concrete or similar impervious surface and designed to permit easy access to each recreational vehicle space.

c. A space provided for a recreation vehicle shall be covered with crushed gravel or paved with asphalt, concrete or other similar 1 material and be designed to provide runoff of surface water. The part of the space which is not occupied by the recreational vehicle, not intended as an access way to the recreational vehicle or part of an outdoor patio, need not be paved or covered with gravel provided the area is landscaped or otherwise treated to prevent dust or mud.

d. A recreational vehicle space shall be provided with piped potable water and sewage disposal service. A recreational vehicle staying in the park shall be connected to the water and sewage service provided by the park if the vehicle has equipment needing such service.

e. A recreation vehicle space shall be provided with electrical service.

f. Trash receptacles for the disposal of solid waste materials shall be provided in convenient locations for the use of guests of the park in located in such number and be of such capacity that there is no uncovered accumulation of trash at any time.

g. Recreational vehicles that are occupied for more than 120 days in a 12 month period shall be considered being used for "residential purposes".

Lakeside Zoning Ordinance Page 95 h. The total number of parking spaces in the park, exclusive of parking provided for the exclusive use of the manager or employee of the park, shall be equal to one space per recreation vehicle· space. Parking spaces shall be covered with crushed gravel or paved with asphalt, concrete or similar material.

i·. The park shall provide toilets, lavatories and showers for each sex in the following ratios: for each fifteen ( 15) recreational vehicle spaces or fraction thereof: one toilet, one urinal, one lavatory and one shower for men; and one toilet, one lavatory, and one shower for women. The toilets and showers shall afford privacy and the showers shall be provided with private dressing rooms. Facilities for each sex shall be located in separate buildings, or, if in the same building, shall be separated by a soundproof wall.

j. The park shall provrde one utility building or room containing one clothes washing machine, one clothes drying machine and 15 square feet of space for clothes drying lines for each 10 recreation vehicle spaces or fraction thereof.

k. Building spaces required by subsections (i) and (j) of this section shall be lighted at al! times of the day and night, shall be ventilated, shall be provided with heating facilities which shall maintain a room temperature no lower than 65° F, shall have floors of waterproof material, shall have a sanitary ceiling, floor and wall surfaces and shall be provided with adequate floor drains to permit easy cleaning.

I. Except for the access roadway into the park, the park shall be screened on all sides by a sight-obscuring hedge or fence not less than six feet in height.

m. The park shall be maintained in a neat appearance at all times. Except for vehicles, there shall be no outside storage of materials or equipment belonging to the park or to any guest of the park.

7. Temporary Mobile Building Space.

a. A conditional use permit may be issued to provide adequate temporary building space for the following uses:

i. Temporary offices accessible to the general public for use during construction or remodeling.

ii. Temporary building space for education, nonprofit and government agencies.

I

Lakeside Zoning Ordinance Page 96 8. Recreational Vehicle.

a. A conditional use permit may be issued for a recreational vehicle provided the applicant provides a property plan showing in detail the proposed location and site of the recreational vehicle with respect to the surrounding area, setbacks, existing structures and improvements to be made.

b. Conditions of approval:

i. There shall be no change of occupancy under the permit. ' ii. The recreational vehicle shall not be expanded.

iii. If the recreational vehicle is deemed a "residential use" under the definitions provided in Article 3 of this code, the recreational vehicle shall have approved connections to utility systems and the owners shall be allowed to hook to an existing residential service lateral.

Lakeside Zoning Ordinance Page 97 ( ARTICI.E; 13. OFF 0 STREET PARKlNGREQlJIREMENTS

SECTION:

13.100: Off-Street Parking Requir,ements 13.110: Parking Spaces Required 13.120: Parking Requirements for Uses Not ,Specified . 13.130: Common Facilities for Mixed Usris 13.140: Parking Area Improvements .i 3.1 50: Parking Spate Dimensions 13.160: Off0S,treet Loa.ding

Section 13. 1 00 Off-Street Parking Requirements. For each new stru:cture or use, each structure or use, uncleared in Nea, .aml each change in. the use of any . structure, there shall b13 permanently maintairi.ed parking spaces ih accordance with the provisions of this code,

Groups oi three or more parking spaces, except those Jn conjunction wit.h singl.e­ family or two-family dw.efllhgs oh a single lot, shaH bsi swvioed by a service drive 8,,£_ that no backward movements or other maneuve.~ing of a vehicle within a street; --·1er than an alley shall be JElquired. .Service drives shall be desjgoated and constructed to facilitate the flow of traffic, provide_maxJrnurn safety in·tr.affic access and e.gress, <1nd m

Off-street parking spaces for dwellir1gs sh al.I be l0catep on the same lot as the dwelling. Off-street parking spaces for a'II otl:le.r .uses sh<'lfl be loc.ated not further than. 300 feet from the building or use they se.rve.

Section 13.. 110 Parking Spaces Required. Space requ_irem13nts for -off-street parking shall be as listed in this section._ Fractioh:al spacsi requ)rements shall be counted as a Who.le space.

1. All institutiQnal, corilmetcial, and iodustrial uses shall prnvide no Jess than five parking spaces for Visitors.

2. All uses shall provide parking space for each employee working 0n or from the site as determined by the maximum number of employees during any single hour of a day.

3. All uses shall provide parking space for each ·vehicle operating on or from the r- site.

Lakeside Zoning Ordinance Page 98 USE I PARKING SPACE REQUIRED 1. Residential Types a. Dwelling single, two and multi-family Once space per dwelling unit. dwelling b. Mobile home park One space per dwelling unit. c. Hotels, motels, motor hotels, etc. One space for each guest room, plus one space for the owner or manager. d. Rooming or boarding house One space for each guest room. 2. Institutional Types a. Hospitals Three spaces for two beds. b. Place of public ·assembly ihcluding church, One space per four seats, or eight feet of bench auditorium, gymnasium, community center, length in the main auditorium, or, if seating ls not theater club, lodge hall, and fraternal fixed to the floor, one space per 75 square feet of organizations. floor area. c. Libraries, museums, art gallerles One space for each 300 square feet of gross floor area. d. Welfare or correctional institution, nursing One sp·ace for five beds for residents, patients, or home, retirement home, asylums, etc. inmates. 3. Schools a. Pre-school, nursery, day nursery, Two spaces per teacher or adult supervisor. kindergarten b. Elementary or junlor high school On space for each teach station plus one space for every eight seats or for every 42 squar:e feet of ea.ting area where there are no fixed seats in the auditorit1m. c. Senior high One and one-half spaces for each teaching station, ( plus one space for~ every six fixed seats or for every ) 28 square feet of seating area where there are no fixed seats in the auditorium. 4. Commercial Types a. Retail establishments, except as otherwise One space for each 175 square feet of retail floor specified in this code area. b. Retail store exclusively handling bulky One space per 600 square feet of floor area. merchandise such ·as automobiles and furniture c. Service or repair establishment One space per 600 square feet of floor area, d, Barber and beauty shops One space for each 1 00 square feet of gross floor area. e, Bowling alleys Six spaces for each bowling lane. f, Office buildings, businesses, and professional One space for every 300 square feet of gross floor offices area. g, Recreational and entertainment estabfishments aa. Spectator type auditoriums, assembly One for each four seats halls, theaters, stadiums, places of public assembly bb, Participating type skating units, dance One space for each 100 feet of gross floor area. halls. etc. 5. Industrial Type a. Industrial uses, except as otherwise specified One space per 200 square feet of floor space plus in this code, one space for every four seats.

Lakeside Zoning Ordinance Page 99 '.slction 13. 120 Parking Requirements for Uses Not Specified. The parking space -1uirements for buildings and uses not set forth herein shall be determined by the Planning Commission and such determination shall be based upon the requirements tor the most comparable building or use specified herein.

Section 1 3.130 Common Facilities for Mixed Uses.

1. In the' case of mixed uses, the total requirements for off-street parking shall be the sum of the requirements for the various uses. Off-street parking facilities for one use shall not be considered as providing parking facilities for any other use except as provided in paragraph 2, Joint Use of Parking Facilities.

2. Joint Use of Parking Facilities. The Planning Commission may, upon application, authorize the joint use of parking facilities required by said uses and any other parking facility, provided that:

a. The applicant shows that there is no substantial conflict in the principal operating hours of the building or use for which the joint use of parking facilities is proposed;

b. The parking facility for which joint use is proposed is no further than 400 feet from the building or use required to have provided parking; and

c. The parties concerned in the joint use of off-street parking facilities shall evidence agreement for such joint use by a legal instrument approved by the City Attorney as to form and content. Such instrument, when approved as conforming to the provisions of this code, shalt be recorded in the office of the County Recorder and copies thereof filed with the City Recorder.

Section 13. 140 Parking Area Improvements. All public or private parking areas, which contain four or more parking spaces, and outdoor vehicle sales area, shall be I improved according to the following: I .i I 1. All parking areas shall have a durable, dust-free surfacing of asphaltic ij concrete, Portland cement, concrete, or other approved materials. I

2. All parking areas, except those in conjunction with a single-family or two-family dwelling, shall graded so as not to drain storm water over the public sidewalk or onto any abutting public or private property.

All parking areas, except those required in conjunction with a single-family or two-family dwelling, shall provide a substantial bumper or curb stop which will prevent cars from encroachment on abutting private or public property. {

Lakeside Zoning Ordinance Page 100 4. All parking areas and service drives shall be enclosed along any interior ( property which abuts any residential district, with a 70 percent opaque, site-obscuring fence, wall, or hedge not less than three (3) feet nor more than six (6) feet in height, but adhering to the vis·ual clearance and front and interior yard requirements established for the district in which it is located. If the fence, wall, or hedge is not located on the property line, said area between the fence, wall, or hedge and the property line shall be landscaped with lawn or low-growing evergreen ground cover, or vegetable or rock mulch. All plant vegetation in this area shall be adequately maintained by a permanent irrigation system, and said fence, wall, or hedge shall be maintained i'n good condition. Screening or plantings shall be of such size as to provide the required degree of screening within 24 months after installation. Adequate provisions shall be maintained to protect walls, fences, or plant materials from being damaged by vehicles using said parking area.

5. Any lights provided to illuminate any public or private parking area or vehicle sales area shall be so arranged as to reflect the light away from any abutting or adjacent residential district or use.

6. All parking spaces shall be appropriately and substantially marked:

Section 13.150 Parking Space Dimensions.

1. Parking Table. The following table provides the minimum dimensions of public or private parking areas, except single-family or two-family dwellings on a single lot, based on the diagram where ;, A" equals the parking angle, "B" equals the stall width, "C" equals the minimum stall depth, "D" equals the minimum clear aisle width, "E" equals the stall distance at bay side, "F" equals the minimum clear bay width, and "G" is the maximum permitted decrease in clear aisle width for private parking areas. (See Table on following page)

Section 13.160 Off-Street Loading. All loading spaces for commercial and industrial buildings and uses shall be off the street and shall be in excess of required parking spaces. All loading spaces shall be approved by the Planning Commission. No loading space or dock shall be located in a manner which will cause vehicles being served to project into the required front yard.

Lakeside Zoning Ordinance Page 101 . A B C D E F G Parallel 8'011 12.0 22.0 20.0 2 8'0" 13,6 11.0 23.4 24.6 8'6 11 14.1 11.0 24.9 25.1 20° 9'0'' 14.6 11.0 26.3 25.6 1 9'6'1 15. 1 11.0 27.8 26.1 1 O'O" 15. 5 11.0 29.2 26.5 8'0" 16.0 11.0 16.0 27.0 8'6" 16,4 11.0 17.0 27.4 30° 9'0" 16.8 11.0 18.0 27.8 1 9 1 6" 17.3 11.0 19.0 28.3 10'0" 17.7 11.0 20.0 28.7 8'0", 18.4 14.0 11.3 32.4 8'6" 18, 7 13.5 12,0 32.2 45° 9'0" 19 .1 13.0 12.7 32.1 3 91511 19.4, 13.0 13.4 32.4 10'0" 19.8 13.0 14. 1 32.8 8'0" 19, 7 19.0 9,2 38,7 8 16" 20.0 18.5 9,8 38.5 60° 9'0" 20,3 18,0 10.4 38,3 3 9 1 6" 20.5 18.0 11.0 38,5 10'0" 20.8 18.0 11,5 38,8 8 10 11 19.8 20.0 8,5 39.8 8'6" 20.1 9;0 39.6 ' 19.5 70° 9'0" 20.4 19,0 9.6 39,4 3 9'6" 20.6 18.5 10.1 39, 1 10'0'1 20.9 18.0 10,6 38.9 8'0 11 19.2 25,0 8,1 44.2 8'6" 19.3 24.0 8,6 43.3 80° 9'0" 19.4 24,0 9.1 43.4 3 9'6" 19.5 24.0 9.6 43.5 101 0 11 19.6 24.0 10.2 43.6 8 1 0 11 18.0 26.0 8.0 44.0 8'6" 18.0 25.0 8.5 43.0 goo 9'0" 18.0 24.0 9.0 42.0 3 9'6" 18.0 24.0 9.5 42.0 1Q'Qn 18.0 24.0 10.0 42,0

Lakeside Zoning Ordinance Page 102 ARTICLE 14. SIGNS

ANARTICLE ESTABLISHING ZONING CODE REGULATIONS CONCERNING SIGNS AND AMENDING ARTICLE 14 OF LAKESIDE ORDINANCE 168 REGULA TING SIGNS IN THE CITY OF LAKESIDE

THE CITY OF LAKESIDE ORDAINS AS FOLLOWS:

ARTICLE 14 SIGNS

SECTION: 14.000: General Regulations 14.005: Definitions 14.010: Permitted Sign Uses in All Districts 14.020: Signs in G-S, M-R, and R-R Districts 14,030: Signs in the Planned Unit Development (P-D) District 14.040: Signs in the General or Marine Commercial District 14.050: Signs in the Planned Industrial District 14.060: Signs in Open Space Districts 14.070: Other Signs 14.080: Variances ( Section 14.000: GENERAL REGULATIONS

The Council ofthe City ofLal{eside finds that it is in the public interest to establish uniform regulation ofthe construction and presentation ofsigns within the City to safeguard the orderly growth and development of the City, to protect the values and uses ofproperty, to secure safety and well being of the public, and to prevent the creation ofnuisances. The Council of the City ofLal{eside further finds that the establishment ofa uniform regulation for signs under one ordinance will facilitate the administration and understanding of the regulations provided in this ordinance.

The provisions of this ordinance are intended to;-

!. Prevent signs from detracting from the enjoyment and pleasure of the City's natural beauty.

2. Provide uniform sign standards and fair and equal treatment ofsign users.

3. Protect public safety by ensuring that official traffic regulating devices are easily visible.

4. Ensure the safe construction, erection, and maintenance of outdoor signs.

City Of Lakeside -Article 14 Signs 1 No sign or outdoor advertising of any character shall be permitted in any zoning district of the City Of Lakeside except in conformity with the following regulations:

1. All signs or outdoor advertising displays shall comply with all applicable State of Oregon, CountyofCoosandLakeside City Code. Each structure surrounded by one framework, whether of a regular or irregular slope, shall be considered one sign whether supported from one or more poles.

2. No sign or outdoor advertising display shall by its light, brilliance, type, design, lack of maintenance, or character create a public or private nuisance.

3. No sign shall extend above the maximum permitted ridge, line or roof of a building or project beyond property lines except as specifically provided in the section concerning industrial or commercial zones.

4. The Planning Commission may grant a larger sign in these zones if the project warrants it. This will be done by issuing a special permit

5. No sign allowed by this ordinance shall be placed so that it is supported within ( a public right of way, unless this ordinance specifies otherwise. Some signs may project over rights of way, subject to the standards for that type ofsign or for the underlying zoning district.

Section 14.005: DEFINITIONS

Animated Electric Signs: Electronic video or digital signs that display changing images, animated scenes orpictures. Animated Electric Signs that are distracting or confusing and may constitute a hazard to the public health, safety or welfare are not allowed in any zone. Definition does not include Reader Boards.

Banner: Any sign intended to be hung either with or without frames, possessing characters, letters, illustrations, or ornamentation applied to paper, plastic or fabric of any kind

Billboard: A sign which advertises a business, commodity or activity which is not sold manufactured or conducted on the property where the sign is located.

Construction Signs: Signs identity;ng the architect, engineer, contractor, or other firm I involved with building construction, and naming the building or its purpose, and the Iii expected completion date. i I l Double Faced Sign: A sign with advertising on two surfaces, generally back to back i or with an angle that does not exceed 45 degrees. ( I City Of Lakeside -Article 14 Signs 2 I Freestanding Sign: A sign erected on a freestanding frame, mast, or pole supported in or on the ground and not attached to any building. Freestanding signs may be temporary or permanent and must comply with all other sign requirements for the zone.

Frontage: All property abutting a public right of way or building frontage along a parking lot

Grade (adiacent ground level/: The lowest point of elevation of the finished surface of the ground between the exterior wall ofa structure and a point five {SJ feet from the structure. In case the walls are parallel to and within five {5/ feet ofa public sidewall(, alley, or other public way the grade shall be the elevation ofthe sidewall(, alley or public way.

Height: Height is measured from the lowest point of the grade below the sign to the topmost point of the sign.

Home Occupation: Home occupations constitute business that are conducted entirely within a dwelling by a family residing in the dwelling. Examples ofhome occupations include but are not limited to: beauty shops, engravers, professional offices, etc. Home occupations must be conducted in such a manner so as not to give an outward appearance or outwardly manifest any characteristic ofa business in the ( ordinary meaning of the term. Home occupations must not infringe upon the rights ofneighboring property owners to enjoy the peacefuloccupancy of their home. Home occupations may involve the retail sale ofa product on the premises. Home occupations shall not occupymore than 30 percent of the usable floor area of the dwelling. Sign requirements shall conform to Section 14.01O {2/.

Indirect Illumination: A source ofillumination directed toward a sign so that the beam oflight falls upon the exterior surface of the sign.

Marquee: A permanent or temporary roofed structure attached to and supported by the building and projecting over public property.

Memorial Signs: Non-illuminated memorial signs or tablets indicating the name of a building an(f/or the date oferection.

Monument Sign: A low profile freestanding sign affixed to the ground. A monument sign shall include a support structure of wood, masonry or concrete that is incorporated into the overall design of the sign.

Mural: Anypictorial or graphic decoration, other than a sign which is applied directly to a structure and is neither used for, or intended to achieve the purposes of, advertising by the use oflettering or script to draw attention to or to direct the

- 0 observer to a particular business or business location, nor to draw attention to specific products, goods or service by the use ofa brand name, trademark, copyright or any other device restricted in use without permission of the owner. City Of Lakeside -Article 14 Signs 3 Nameplates: Non-illuminated, single-faced, waif-mounted nameplates indicating only the name, address, and occupation of the occupant.

Off-Premise Sign: A sign advertising a business, commodity or activity which is not sold manufactured or conducted on the property where the sign is located.

Political Campaign Signs: A sign promoting a political candidate or other public election matter.

Portable Siqn.'.A freestanding sign such as an ';

Private Traffic Directional Signs: Signs guiding vehicular and pedestrian traffic on private property may contain the name or logo but no other advertising copy.

Proiecting Sign: A sign other than a wall mounted sign which projects from and is supported by a wall of a building or structure.

Public Sign: Signs ofa public or noncommercial nature, which shall include public transit service signs, public utility information signs, directional signs, safety signs, danger signs, signs indicating scenic or historical points ofinterest, and all signs erectedby a public officer in the performance ofa public duty.

Reader Board Sign: A sign with letters an(f/or advertising that can be readily changed. Includes electronic message or mechanical reader boards. Definition does not include Animated Electronic Signs.

Real.Estate Signs: Signs advertising the sale, rental, or lease of the premises or part of the premises on which the signs are displayed.

RoofLine: The top edge of the roof or the top ofthe parapet, whichever forms the top line of the building silhouette.

Sign: Any device designed to inform or to attract the attention ofpersons not on the premises.

Sign Area:An area measured within lines drawn between the outermost points ofa sign but excluding essential sign structure, foundations or supports lying outside and below the limits ofa sign and not forming an integral part of the display.

Single Faced Sign: A sign with advertising on only one side.

.- Special Event Signs: Signs or outdoor displays ofa temporaty nature advertising or promoting a specific event.

Clty Of Lakeside -Article 14 Signs 4, ( Street: The entire width between the right of way lines of every way which provides for public use for the purpose of vehicular and pedestrian traffic and including the terms road, highway, lane, place, avenue, alley or other similar designations.

TemporarvSign: A sign which is erected or displayed temporarily for a patticular event, occurrence or purpose and which shall be removed within 30 days.

Vehicle Sign: Advettising copypainted or affixed to lawfully parked and operable vehicles or trailers.

Wall Mounted Sign: A sign affixed directly to or painted or otherwise inscribed on an exterior wall and confined to the limits thereof.

Window Sign: Any sign, picture, symbol banner, message or combination thereof designed to communicate information about the business, event, sale, or service placed inside or upon the window with the primarypurpose ofbeing viewed from the exterior.

Section 14.010 PERMITTED SIGN USES IN ALL DISTRICTS

1. Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises, or other identification on ( premises not having commercial connotations.

2. A non-illuminated sign not exceeding two {Z/ square feet in area placed flat against the building for each home occupation.

3. A non-illuminated sign not exceeding 6 square feet in area pertaining to the sale, lease, rental or display of a structure or land.

4. A subdivision identification sign displaying the name of a residential office, or industrial subdivision, complex, park or planned development. Such permanent entrance signs may be in the form of monuments, or gates, or similar features displaying the name of the development as approved by the Planning Commission based upon factors of safety and aesthetic compatibility. There shall not be more than two monuments or such features at each entrance to the subdivision or development. Such structure or sign shall not be erected on public right-of-way and shall be maintained by the developer or property owners association in accordance with the provisions of the City Code.

5. An illuminated bulletin board not exceeding 24 square feet in area for each church, neighborhood community center, educational institution, professional center, or other permitted or conditionally permitted uses in the district.

- 6. One political and/or election campaign sign not exceeding 8 square feet may be placed on any privately owned property within the City with the approval of the

City or Lakeside -Article 14 Signs 5 property owner for a period of 60 days before the election and 1O days after the election for which the sign pertains. Any such sign may not be lighted.

Section 14.020 SIGNS IN G-S, M-R, AND R-R DISTRICTS.

No sign or outdoor advertising of any character shall be permitted in the G-S, M-R or RR zones except the following;

1. Signs permitted in all districts as stated above.

2. One non-illuminated temporary sign not exceeding 6 square feet in area pertaining only to the subdivision, sale, or lease of only the particular building, property, or premises upon which it is displayed. Two signs are permitted on larger sites of five acres or more, in one ownership, fronting on two or more lots.

3. One non-illuminated sign for each housing development, not to exceed 25 square feet in area or 5 feet in any dimension, and containing no advertising matter except the name and street address of the housing development.

4. All businesses that are non-conforming uses in industrial zones shall be allowed signs as provided in the commercial zones.

( Section 14.030 SIGNS IN THE PLANNED UNIT DEVELOPMENT (P-D) DISTRICT

All signs permitted in the P-D zone shall be designated in the development plan and program submitted for each particular Planned Unit Development.

Section 14.040 SIGNS IN THE GENERAL OR MARINE COMMERCIAL DISTRICT

No sign or outdoor advertising of any character shall be permitted in a General or Marine Commercial District except for the following:

1. Permitted sign uses in all districts.

2. No exterior advertising or signs shall be displayed - except signs indicating the name of the person, building or business or use conducted within the building or on the property.

3. Only one sign with a single or double face may be located within the required front yard setback, or a portion of a larger sign on the property may extend within the front yard setback, provided that said sign or portion of sign extending into the front yard setback shall not exceed one hundred square feet in area. The area shall not be considered a portion of the one hundred square feet as allowed above.

Permitted signs may be illuminated. ·- 4.

City Of Lakeside -Artfcle 14 Signs 6 5. Free-standing signs Including sandwich boards, that comply with the sign regulations and zoning ordinance of the City, may be placed on sidewalks ac!jacent to the premises to which the sign relates,· provided that such sign shall not occupy more than 20% of the width of the sidewalk measured from the property line. The area of one face of the sign sha// not exceed nine (9/ square feet and the sign shall remain on the sidewalk only during business hours of the ac!jacent premises.

Section 14.050 SIGNS IN THE PLANNED INDUSTRIAL DISTRICT

No signs or outdoor advertising of any character shall be permitted in the L-1 and H-1 districts except the following:

1. Permitted sign uses in all districts.

2. No exterior advertising or signs of any kind shall be displayed except signs indicating the name of the person, building, or business or use conducted within the building or on the property.

3. One identity sign for each development site - separate ownership, not to exceed ( 150 square feet in total area for one or more sides. 4. The area of any sign or signs located within the allowable building area shall not be considered a portion of the 150 square feet as allowed in (3).

5. Permitted signs may be illuminated.

Section 14.060 SIGNS IN OPEN SPACE DISTRICTS

No sign or outdoor advertising of any character shall be permitted in the Open Space District except for the following:

1. Sign uses permitted in all districts.

2. Sign uses permitted in the G-S, M-R, R-R and P-D Districts.

Section 14.070 OTHER SIGNS

(Signs for traffis and sustomcr direstions shall be permitted provided no sush sign is more than one square l'eet in area. Hospitals, churslws, nursing homes, schools, and similar uses shall be allowed one sign not to exceed 20 square feet of area per ..- side or 40 square feet of total area.)

City Of Lakeside -Article 14 Signs 7 PROHIBITED SIGNS:

1. Obscene or Indecent Signs:Any visual representation or verbal description of sexual conduct, sexual excitement, sado-masochistic abuse, or excretory functions or products, as further defined in ORS 167.060 et seq.

2. Signs Interfering with Traffic: No sign shall be installed which will unduly distract or confuse operators ofmotor vehicles or aircraft by interfering with the effectiveness ofa traffic control device or railroad sign or signal or by using words such as "stop'; 7ook" and "danger" in an appearance similar to traffic signs or lights. No sign may contain lighting that will distract operators of motor vehicles or air-crafts, including but not limited to, rotating or animated signs, motion {video/ picture, strobe or zip lights, rotary beacons, flashing lights, search lights, festoons oflights, strings oftwirlers or propellers or flares.

3. Defunct Businesses: Signs that advertise an activity, business, product or services no longer operating or available on the premises, including all related off-premise signs shall either be removed, covered, painted over or otherwise obscured within 30 days of the termination ofsaid activity or business.

4. Unsafe Signs: No person shall construct or maintain any sign or supporting structure except in a safe and structurally sound condition. If the Building Official finds that any sign regulated herein is unsafe or insecure as to constitute a real and present danger to the public a written notice shall be mailed to the last known address of the sign owner and the property owner. If said sign is not removed, altered or repaired so as to comply with the standards herein set forth within thirty /30/ days after such notice, the Building Official may cause said sign to be removed or altered to comply at the expense of the sign owner or property owner ofthe property on which it is located The Building Official may cause any sign that is determined to be an immediate peril to persons or property to be removed summarily and without notice at the expense of the sign or property owner.

5. Nonconforming signs: Signs that were lawfully installed prior to the adoption of this ordinance may remain subject to subsection {4/ above. Normal maintenance and repair are allowed provided the cost of the structural repairs does not exceed 50% of the value of the sign. Ifthe structural repairs exceed 50% of the value of the sign it must conform to the current requirements.

SPECIAL SIGNS

These signs require a permit and shall conform to the maintenance and safety requirements ofSection 14.070 PROHIBITED SIGNS {4/ and to requirements of the underlying zone. Applications for sign permits shall contain at least the following •""'- information: 1. Name and address of the applicant. 2. location of the property on which the sign is to be erected, and the Clty Of Lakeside -Article 14 Signs 8 amount oflot and building frontages. 3. Dimensions ofthe sign and its height above grade. 4. A sketch showing the location and dimensions ofall existing and proposed signs on the premises. And a description of the advertising copy on the proposed sign. And, if required, a drawing showing clearly the structural elements.

!. Street Banners: Banners authorized to be erected over public rights of way that advertise events or entertainment of community interest under the sponsorship ofa nonprofit organization. These banners may only be erected in places and in a fashion authorized by the Planning Department for a maximum of I 4 days. A longer period of time may be allowed ifno other organization reseNes the installation.

2. Portable Signs: Signs containing advertising copy which are notpermanently affixed to a building, structure, or the ground and are designed to be moved, such as sandwich boards and signs on wheels, political campaign and real estate signs. One portable sign per business with a maximum of two (2} faces and nine (9} square feet or less per face is allowed and shall not be charged to the property's allowable sign area. Portable signs may not be placed in the public right of way fronting the business except as provided in Section 4 ( 11J of this ordinance.

3. Off-Premise Signs: Other than private directional.

A. Permits applications for out of town business off-premise signs must include a certified letter ofapproval of the property owner.

4. Bi/Iboards:

A. The sign area of these signs shall be charged to the property on which they are located. Therefore, the permit must be accompanied by a written documentation from the owner of the property on which the sign is to be located acknowledging this charge.

B. Billboards located in the fa/lowing areas that are (along the highways must obtain a permit from the Oregon Department of Transportation} along county roads must obtain a permit from the County Department/ in addition to obtaining a permit from the City:

C. The size ofbi//boards shall not exceed a total of300 square feet; back-to-back installation on one supporting structure is permitted. There shall be not more than six ( 6/ bi/Iboards permitted within the City and shall be located subject to the limitations set forth in this ordinance.

D. The replacement of, or the relocation of, a billboard or billboard structure must be approved through a conditional use process by the City Of Lakeside -Article 14 Signs 9 Planning Commission. Ifstructural repairs exceed 50% ofthe value of the sign it must conform to the current requirements and be approved through the conditional use process.

Section 14.080 VARIANCES

The Planning Commission may authorize variances from the requirements of this ordinance where it can be shown that, owing to special and unusual circumstances related to a specific piece ofproperty, the literal interpretation of this ordinance would cause an undue or unnecessary hardship; except that no variance shall be granted to allow the use ofproperty for purposes not authorized within the zone in which the proposed use would be located. In granting a variance, the City may attach conditions that it finds necessary to protect the best interests of the surrounding property or neighborhood and to otherwise achieve the purposes of this ordinance.

Passed this ,2005 - ATTEST: Susan Chauncey, CityAd inistrator Ed Gowan, Mayor

City Of Lakeside ~Article 14 Signs 10 ARTICLE 15. NON-CONFORMING USES

SECTION:

15.000: Purpose 15.01 O: Continuation of a Non-conforming Use or Structure 15.020: Undersized Lots of Record 15.030: Discontinuation of a Non-Conforming Use or Structure 15.040: Change of Non-conforming Use

Section 15.000 Purpose. There were lots, structures and uses that were lawful before the effective date hereof, or amendment hereto, but which have become either prohibited, regulated or restricted under the new terms and conditions of this Code. They shall hereafter be referred to as pre-existing, non-conforming uses or buildings.

It is the intent of this ordinance to permit these non-conformities until they are removed or abandoned, but not to encourage their survival. Such uses are declared by this ordinance to be incompatible with permitted uses in the zones involved. It is further the intent of this ordinance that non-conformities shall not be enlarged upon, expanded or extended, except as provided for in this ordinance.

To avoid undue hardship, nothing in this ordinance shall be deemed to require change in plans, construction, or use of any building on which a building permit in accordance with the Lakeside Building Code has been legally issued prior to the effective date or amendment of this ordinance, except that applications for extension of a building permit shall not be approved to exceed a period of one year from the date of adoption or amendment of this ordinance.

Section 15.010 Continuation of a Non-conforming Use or Structure, Subject to the provision of this section, a non-conforming use or structure may be continued and maintained in reasonable repair, but shall not be altered or extended. The extension of a non-conforming use to a structure which was arranged or designed for the non-conforming use at the time of passage of this ordinance is not an enlargement or expansion of a non-conforming use. A non-conforming structure which conforms with respect to use may be altered or extended if the alteration or extension does not cause the structure to deviate further from the standards of this ordinance.

Section 15.020 Undersized Lots of Record.

1. Any lot having an area or dimension less than the minimum shall be designated a building site, provided the following criteria are met:

Lakeside Zoning Ordinance Page 107 a. The lot is shown on an officially approved and recorded subdivision map.

b. A deed or a valid contract of sale is recorded with the Coos County Clerk.

c. The lot was of legal area and dimension for a building site at the time the sale was recorded.

'2. No lot or combination of contiguous lots, either vacant or containing a single-family or multiple-family dweiling, shall be rep/atted so that an undersized lot is created, nor shall a lot be rep/atted if setbacks or dimensions less than the minimum would result.

Section 15.030 Discontinuation of a Non-Conforming Use or Structure. If a non­ conforming building or structure in any district is removed or destroyed voluntarily or involuntarily, every building, structure, or use occupying the premises thereafter, shall conform to the regulations of the district in which it is located.

Whenever, in any district, a non-conforming building or structure is damaged or destroyed by any means in excess of 60 percent of the replacement value of the building or structure, no repairs or reconstruction shall be made unless every portion of such building or structure is made to conform to all regulations, including ,-.,,e regulations, of the district in which it is located.

In the event such damage or destruction by any means of 60 percent or less of the replacement value of the building or structure, only the building, structure, or use which existed at the time of such partial destruction may be restored and continued provided, however, if such restoration is started within a period of six months from the date of such damage or destruction and is diligently prosecuted to completion. The Planning Commission, upon a written request of the applicant, may extend the period six months but not in excess of 18 months from the date of the damage or destruction.

Section 15.040 Change of Non-Conforming Use. A change from one non­ conforming use to another non-conforming use requires a conditional use permit issued by the Planning Commission pursuant to the procedures and conditions of Article 12. of this Code.

I •. Ldkeside Zoning Ordinance Page 108 ARTICLE 1.6. VARIANCES

SECTION:

l6 .. 0b0: Purpose 16.010: limitatio.ns 16.020: Application ·16.b30: Conditions 1.6.040: Period of Validity 1 6.050: Public Hearing

Section 16.000 Purpose. The purpose o.f a varif;lnce shall he to prevent or to lessen such pn,ctical dlffiovlties and unnecessary physical hardships which ar.e inconsistent with the objsic;tives of this code. A practical diffrculty .or unnecessary physicf\l hardship.may result from the size, shape, or dimensions of a site or the •location of existing structures thereon, from .geographic, top·ographJc.,. or other phyi:;foal conditions on the she or in the immediate vicinity. ·

Section 16.01 o Limitations. A variance shall. not he granted as c1 substitute or in lieu of, a change in zone. The power to grant variances does not extend to use regµlations. The Planning Commission may grant a variance to a regulation prescrlbed hy this code with re;1 pect to the follow!ng; ·

1. Fences, hedges, or walls.

2. Site area, width, frontage, depth, or coverage.

3. Frnnt, side, or rear yards,

4. Height of structures.

5, D.istance between struc.tures.

Section 16.020 Application. The applicant shall set forth in detail on forms provided by the Planning Commission:

1. Existing conditions on the site.

2. Reasons for the requested v,,riance,

3. Reasons for a variance being the most practicable solution to the problem.

4. All other information requested by the Planning Gomm.iss.ion.

{ \

Lakeside Zoning Ordinance Page 109 ( section 16.030 .Conditions. The Planning Commission may grant a variance to a 1ulation prescribed by this code if on the basis of the petition, investigatfon and ··· .1dence submitted, the Planning. Commission finds that one or more of the ·following conditions exist:

1 . Strict or literal interpretatinn and enforcernent o.f the specified regulation would result in practical difficulty or unnecessary physical hcirdshlp inconsistt1nt with the objectives of the zoning code.

2. Strict or liternl intE;rpretation and enforcement of th€; sp€>pjfi€>d regulation would deprive the applicant of privileges en\oyed by tbe- owners of other properties chissified in the

3. There are exce.ptional or extraordinary circumstances ·or conditions applicable to the property involved which do not apply generally to other properties classTfied in the same zoning district. · ·

4. Thii granting of the vari,mce will not constitute a grant of speeial privilege inconsistent with. the llmitatiuns on other properties classitied :in the sam!3 zoning district,

5. 1he granting of the variance. will not b!3 detrimental to the puplic health, safety, or welfare. or materially inJurious to properties or improV<;Jl'.IJsJnts in the ( vicinity.

Section 16.040 Period of VaTidlty. No order.of the Planning Commi;;sion granting a variance shall be valiq for a perioo longer than six .months uni.ass such permitted use is establi.shed Within such PsJri0d, or In event sueh permitted Lise is depende.nt upon the erection or alteration of a building, unless a huHding permit for said ere9tion or alteration js :obta.ined within such .six-month period, providsJd, however, that the Planning Commission, upon a written request of the applicant; may <;JXteno the period six months but n:ot in excess of 1. 8 months from the date the first order granting the variance was given,

Section 16.050 Public Hearing. Upon the. tiling of a ver!fieq application for variance, the Planning Commission shall set a time and place for a public hearing .pf ~er~ue~ ·

Lakeside Zoning Ordinance Page 110

w~,,, .. -,~~" - cc~-~-~· ;,;-, ,:,;· .. ~...::..... ~....:.;., ( Ord. No. 211 ·

AN ORDINANCE ESTABLISHING A RIPARIAN SET BACK: AN AMENDMENT TO SECTION 2.065(3) OF ORDINANCE 168; AND DECLARING AN EMERGENCY.

The City of Lakeside ordains as follows:

A set back of not less than fifty feet (50 ft.) is required and no clearing or other removal of existing plant life _is allowed without a variance from the Lakeside Planning Commission.

In order to protect the general public health and welfare the City declares an emergency and orders Ord. 211 effective immediately.

DA1ED

ATTEST: APPROVED

Peter Schoonover, Mayor

~-'\"·\..: >".' -_,.,l:. _r.

1. ORDINANCE NO. 215

AN ORDINANCE ADOPTING TASK 5 DURING PERIODIC REVIEW, TO ADDRESS FLOOD DAMAGE PREVENTION

The City of Lakeside ordains as follows:

SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, AND OBJECTIVES

I.I STATUTORY AUTHORIZATION

The Legislature of the State of Oregon has in ORS Chapter 197 delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City of Lakeside, does ordain as follows:

1 1.2 FINDINGS OF FACT

(!) The flood hazard areas of Lakeside are subject to periodic inundation which results in Joss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (2) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood Joss.

1.3 STATEMENT OF PURPOSE

It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

(I) To protect human life and health; (2) To minimize expenditure of public money and costly flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in ( areas of special flood hazard; (6) To ensure that potential buyers are notified that property is in an area of special flood hazard; and, (7) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

1.4 METHODS OF REDUCING FLOOD LOSSES

In order to accomplish its purposes, this ordinance includes methods and provisions for: ·

(!) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; (4) Controlling filling, grading, dredging, and other development which may , increase flood damage; and (5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or may increase flood hazards in other areas.

SECTION2.0 DEFINITIONS

Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.

"APPEAL" means a request for a review of the interpretation of any provision of this ordinance or a request for a variance.

"AREA OF SHALLOW FLOODING" means a designated AO, or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding.

"AREA OF SPECIAL FLOOD HAZARD" means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year.

( "BASE FLOOD" means the flood having a one_percent chance of being equaled or exceeded in any given year. Also referred to as the "I 00-year flood." "BASEMENT" means any area of the building having its floor subgrade (below ground level) on all sides.

"BREAKAWAY WALL" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

"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 located within the area of special flood hazard.

"ELEVATED BUILDING" means for insurance pwposes, a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.

"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 cnncrete pads).

"FLOOD" OR "FLOODING" means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(I) 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, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood.

"FLOOD WAY" 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 ordinance found at Section 5.2-1(2).

"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 this ordinance.

"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:

(a) Built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) Designed to be self-propelled or permanently towable by a light duty truck; and (d) Designed primarily not for use as a permarient dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use .. "START OF CONSTRUCTION" 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 180 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 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 of the property or 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 50 percent of the market value of the structure before the damage occurred.

"SUBSTANTIAL IMPROVEMENT" means any repair, reconstruction, or improvement ofa structure, the cost of which equals or exceeds 50 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:

(!) Any project for improvement ofa structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

"VARIANCE" means a grant ofrelieffrom the requirements of this ordinance which I permits construction in a manner that would otherwise be prohibited by this ordinance. "WATER DEPENDENT" means a structure fc;,r 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.

SECTION3.0 GENERAL PROVISIONS

3.1 LANDS TO WI-IlCH THIS ORDINANCE APPLIES

This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the City ofLakeside.

3.2 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 Lakeside" dated 8/1, 1984 and as amended, with accompanying Flood Insurance Maps, as amended, are hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study is on file at Lakeside City Hall.

3.3 PENALTIES FOR NONCOMPLIANCE

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violations of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions), shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined $100, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.

3.4 ABROGATION AND GREATER RESTRICTIONS

This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

3.5 INTERPRETATION

In the interpretation and application of this ordinance, all provisions shall be: (!) Considered as minimum requirements; ( (2) Liberally construed in favor of the governing body; and, (3) Deemed neither to limit or repeal any other powers granted under State statutes.

3.6 WARNING AND DISCLAIMER OF LIABILITY

The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood ha=ds or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of The City, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.

SECTION 4.0 ADMINISTRATION

, 4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT

{ 4.1-1 Development Permit Required

A development permit shall be obtained before construction or development begins within any area of special flood ha=d established in Section 3.2. The permit shall be for all structures including manufactured homes, as set forth in the "DEFINITIONS," and for all development including fill and other activities, also as set forth in the "DEFINITIONS."

4.1-2 Application for Development Permit

Application for a development permit shall be made on forms furnished by the City 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:

(!) 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 5.2-2; and · (4) Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.

4.2 DESIGNATION OF THE LAKESIDE PLANNING COMMISSION

The Lakeside Planning Commission is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions.

4.3 DUTIES AND RESPONSIBILITIES OF THE LAKESIDE PLANNING COMMISSION

Duties of the Lakeside Planning Commission shall include, but not be limited to:

4.3-1 Permit Review

(!) Review all development permits to determine that the permit requirements of this ordinance have been satisfied. (2) Review all development permits to determine that all necessary permits have , been obtained from those Federal, State, or local governmental agencies from which prior approval is required. (3) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 5.3(1) are met.

4.3-2 Use of Other Base Flood Data

When base flood elevation data has not been provided in accordance with Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the City Administrator 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 Sections 5.2, SPECIFIC STANDARDS, and 5.3 FLOOD WAYS.

4.3-3 Information to be Obtained and Maintained

(I) Where base flood elevation data is provided through the Flood Insurance Study or required as in Section 4.3-2, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. (2) For all new or substantially improved floodproofed structures: (i) Verify and record the actual elevation (in relation to mean sea level), and (ii) Maintain the floodproofing certifications required in Section 4.1-2(3). (3) Maintain for public inspection all records pertaining to the provisions of this ordinance.

4.3-4 Alteration of Watercourses

(I) Notify adjacent communities and the 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. (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

4.3-5 Interpretation of FIRM Boundaries

Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 4.4.

4.4 VARIAN CE PROCEDURE

4.4-1 Appeal Board

(I) The Planning Commission as established by City of Lakeside shall hear and decide appeals and requests for variances from the requirements of this ordinance. (2) The Lakeside City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Planning Commission in the enforcement or administration of this ordinance. (3) Those aggrieved by the decision of the Planning Commission, or any taxpayer, may appeal such decision to the City Council, as provided in Oregon Revised Statutes. (4) In passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and:

(i) The danger that materials may be swept onto other lands to the injury of others; (ii) The danger to life and property due to flooding or erosion damage; (iii) The sufoeptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (iv) The importance of the services provided by the proposed facility to the community; (v) The necessity to the facility of a waterfront location, where applicable; (vi) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (vii) The compatibility of the proposed use with existing and anticipated development; (viii) The relationship of the proposed use to the comprehensive plan and ( flood plain management program for that area; (ix) The safety of access to the property in times of flood for ordinary and emergency vehicles; (x) The expected heights, velocity, duration, rate ofrise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and, (xi) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and street_s and bridges. (5) Upon consideration of the factors of Section 4.4-1(4) and the purposes of this ordinance, the Planning Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. (6) The City shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

4.4-2 Conditions for Variances

(!) Generally, the only condition under which a variance from the elevation • standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (I-xi) in Section 4.4-1(4) have been fully considered. As the lot size increases the technical justification required for issuing the variance increases. (2) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section. (3) Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. (4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (5) Variances shall only be issued upon:

(i) A showiiig of good and sufficient cause; (ii) A determination that failure to grant the variance would result in exceptional hardship to the applicant; (iii) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary pµblic expense, create nuisances, cause fraud on or victimization of the public as identified in Section 4.1-4(4), or conflict with existing local laws or ordinances. (6) Variances as interpreted in the National Flood Insurance Program are based on the general zoning Jaw principle that they pertain to a physical piece or property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small Jots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. (7) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except 4.4-2(1 ), and otherwise complies with Sections 5.1-1 and 5.1-2 of the GENERAL STANDARDS. (8) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

SECTION5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION

, 5.1 GENERAL STANDARDS

In all areas of special flood hazards, the following standards are required:

5.1-1 Anchoring

(I) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. (2) All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (Reference FEMA's Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques).

5.1-2 Construction Materials and Methods

(I) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (3) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located I so as to prevent water from entering or accumu)ating within the components · during conditions of flooding. · 5.1 -3 Utilities ( (I) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and, (3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

5. 14 Subdivision Proposals

(1) All subdivision proposais 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 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 authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or ( 5 acres (whichever is less).

5.1-5 Review of Building Permits

Where elevation data is not available either through the Flood Insurance Study or from another authoritative source (Section 4.3-2), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test ofreasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates.

5.2 SPECIFIC STANDARDS

In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or Section 4.3-2, Use of Other Base Flood Data, .the following provisions are required:

5.2-1 Residential Construction

( ( I ) New construction and substantial improvement of any residential structure shall have the lowest floor, including baseme;t, elevated one foot above the (ii) In a new manufactured home park or subdivision, ( (iii) In an expansion to an existing manufactured home park or subdivision, or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood; shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot above the base flood elevation and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement. (2) Manufactured homes t.o be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones Al-30, AH, and AE on the community's FIRM that are not subject to the above manufactured home provisions be elevated so that either:

(i) The lowest floor of the manufactured home is elevated one foot above the base flood elevation, or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no Jess than 36 inches in height above grade and be securely anchored to an adequately designed foundation system to resist flotation, collapse, 1 and lateral movement.

5.2-4 Recreational Vehicles

Recreational vehicles placed on sites within Zones Al-30, AH, and A-Eon the community's FIRM either:

(i) Be on the site for fewer than 120 consecutive days, (ii) Be fully licensed and ready for highway use, 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; or (iii) Meet the requirements of 5.2-3. above and the elevation and anchoring requirements for manufactured homes.

5.3 FLOOD WAYS

Located within areas of special flood hazard established in Section 3 .2 are areas designated as floodways. Since the floodway is an extremeiy hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

(!) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional civil engineer is provided demon~trating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood elevation. (2) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be 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 be either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

(i) 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. (ii) The bottom of all openings shall be no higher than one foot above grade. (iii) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

5.2-2 Nonresidential Construction

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:

(I) Be flood proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (2) Have structural components capable ofresisting hydrostatic and hydrodynamic loads and effects of buoyancy;. (3) 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 4.3-3(2); (4) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in 5.2-1 (2); (5) Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood proofed level (e.g. a building floodproofed to the base flood level will be rated as one foot below.

5.2-3 Manufactured Homes

(I )All manufactured homes to be placed or substantially improved within Zones Al-A30, AH, and AE on the community's FIRM on sites: (i) Outside of a manufactured home park or subdivision, base flood discharge. (2) If Section 5.3(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 5.0, PROVISIONS FOR FLOOD HAZARD REDUCTION.

5.4 ENCROACHMENTS

The cumulative effect of any proposed development, where combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point.

5.5 STANDARDS FOR SHALLOW FLOODING AREAS (AO ZONES)

Shallow flooding areas appear on FlRMs as AO zones with depth designations. The base flood depths in these zones range from I to 3 feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply: (1) New construction and substantial improvements ofresidential structures and 1 manufactured homes within AO zones shall have the lowest floor (including basement) elevated above the highest grade adjacent to the building, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified). (2) New construction and substantial improvements of nonresidential structures within AO zones shall either:

(i) Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified); or (ii) Together with attendant utility and sanitary facilities, be completely flood proofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is u~ed, compliance shall be certified by a registered professional engineer or architect as in section 5.2-2(3). (3) Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. (4) Recreational vehicles placed on sites within AO Zones on the community's FIRM either:

(i) Be on the site for fewer than 120 consecutive days, (ii) Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no pennanently attached additions; or (iii) Meet the requirements of 5.5 above and the elevation and anchoring requirements for manufactured homes.

SECTION 6.0 EMERGENCY

The City Council of the City of Lakeside, Oregon, finds that the health, safety and welfare of the City of Lakeside requires this ordinance to have immediate effect. Therefore, the City Council hereby declares the existence of an amergency and that this ordinance shall be in full force from the time of its passage and approval.

The foregoing ordinance was enacted by the City Council of the City of Lakeside at the special meeting held on June 25, 1998.

ATTEST: APPROVED: ORDINANCE NO. 216

AN ORDINANCE ADOPTING TASK 6 DURING PERIODIC REVIEW, TO ADDRESS NATURAL HAZARD DEVELOPMENT AND REQUIREMENTS ' The City of Lakeside ordains as follows:

I: Introduction:

The focus of Task 6 is on the Natural Hazards that confront the City of Lakeside, and what is needed to alleviate the impact of such hazards on the City:

2. Summary:

Because of the central coast location of the City of Lakeside, the City faces possible repercussions from natural hazards, to include earthquakes, forest fires, floods and slides.

1. The location of the City of Lakeside is near the major fault (Cascadia), that runs offshore, along the Oregon coast, with one or two more subfaults in or around the area. ·

" 2. The City of Lakeside is situated on the shore ofTenmile Lake.

3. The slopes of hills in and around the City of Lakeside range from 0% to over 30%.

3. Goal:

Our goal is to make a -safe and harmonious environment for the commml;ity and deter possible destruction of natural hazards.

4. Objectives:

1. To reduce the damage that can be done natural hazards.

2. To ensure housing in Lakeside is on foundations that \viII withstand flood ;, and earthquake damage. ·

3. To ensure that all exposed slopes within the City, are treated to eliminate erosion and slides.

5. Policies:

I. The City of Lakeside has updated building regulations to meet the new FEMA requirements for foundations. 1.:.••

(

2. Ordinance #213 of the City of Lakeside requires all bare slopes to be reseeded, terraced, stop or reroute the flow of drainage before development.

6. Activities:

1. To continue to upgrade the City ofLakeside's building codes to meet all new building standards, both state and federal. · · · ·

As it is necessary to maintain the peace, health and safety of the citizens of Lakeside, an emergency is hereby declared to exist. This ordinance, therefore wiil become effective on the date of passage by the Lakeside City Council and approval of the Mayor.

~assed by the City Council this Q-r'day of~ 1998.

ATTEST: APPROVED:

''' Patri ia Quigley, City tor ufut,f q15 Date Date ( ORDINANCE NO. 225

AN ORDINANCE, AMENDING ORDINANCE NO. 213, STEEP SLOPE DEVELOPMENT AND REQUIRING EROSION CONTROL PLANS.

The City of Lakeside ordains as Follows:

1. Steep Slope Pennit Requirements

A) Slopes of 3 0 dewes C>I__more shall require a Steer. Slope Pennit_ must be approved by the City of Lakeside Planning Coiiiii:i.iss!Oll:·Aii. engineered erosion and drainage control plan shall be submitted with the Steep Slope Pennit Application. The plans for erosion control will be reviewed by the City Engineer at the expense of the applicant. The fee for the Steep Slope Pennit and The City Engineer's review cost must be paid before the permit is issued. The preventative controls in the erosion and drainage control plan must be sufficient to prevent erosion and made adequate provision for drainage. The preventative controls must be completed within sixty (60) days after excavation or removal of the natural ground cover.

B) Slopes between 15 degrees and 30 degrees shall require a Steep Slope Pennit. An ( erosion and drainage control plan shall be submitted with the application for the Steep Slope Penni!. The Steep Slope Pennit and the erosion and drainage control plans must be approved by the City Administrator of Lakeside. The preventative controls must be sufficient to prevent erosion and must make adequate provisions to control drainage. The City Administrator may require an engineering plan be submitted by the applicant.

C). Slopes of zero .\!Q_to 15 degrees shall require an erosion and drainage plan that is approved by the City Administrator. An engineered plan or Steep Slope Permit is not required. The preventative controls must be sufficient to prevent erosion and must make adequate provision to control drainage.

2. A preliminary site plan addressing drainage and erosion must be submitted to the City Administrator prior to any construction. grading. clearing or excavating.

3. The final plan will be submitted after clearing, excavation has occurred and a footprint of the building has been established.

4. A landowner may not divert water onto adjoining land that would not otherwise have flowed there. The upper landowner may not change the place where the water flows onto the lower owner"s land. The upper l;mdowner may not accumulate large quantities of water, then release it, greatly accelerating the flow onto the lower owner's land. I 5. These conditions may not be waived by the City of Lakeside Planning Commission and shall be added to the planning ordinances of the City ofLakeside and the Subdivision ordinances. 6. All construction of areas over one (1) acre requires a DEQ approved NPDES Stormwater permit.

7. The property owners shall be responsible for all damages resulting from uncontrolled erosion or drainage coming from their property. The cost of cleaning city culverts, drainage ditches and roads will be billed to the property owner responsible for the erosion or inadequate drainage controls.

8. The above requirements pertain to all lands being developed within the City of Lakeside.

In order to protect the general public health and welfare, the City of Lakeside declares an emergency and orders Ordinance No. 213 effective immediately.

Passed by the Council of the City of Lakeside on 11 of February 1999.

ATTEST: APPROVED: CITY OF LAKESIDE

ORDINANCE NO.194

AN ORDINANCE PROVIDING FOR SUBDIVISION, PARTITION AND OTHER STANDARDS AND PROCEDURES. ' THE CITY OF LAKESIDE ORDAINS AS FOLLOWS: TABLE OF CONTENTS

ARTICLE 1: SUBDIVISION ADMINISTRATION...... 1

Section 1.100 Effect ...... 1 Section 1.200 Purpose...... 1 Section 1.300 Approval of Land Divisions...... 1 Section 1.400 Definitions...... 1 Section 1.500 Relocation of Lot Line ...... 4 Section I. 600 Replatting of Subdivided Lands ...... 5 Section 1. 700 Fees ...... 5

ARTICLE 2: GENERAL PROVISIONS ...... 6

Section 2.100 Scope of Regulations...... 6 Section 2.200 General Requirements for Subdivision and Partition Plats ...... 6 Section 2.300 Delegation to Planning Commission, Appeals ...... 7 Section 2.400 Water Supply ...... 8 Section 2.500 Sewage Disposal System ...... 8 Section 2.600 Engineering Review ...... 9

ARTICLE 3: PRELIMINARYPLATSANDFlNALPLATS ...... 10

Section 3.100 Submission of Preliminar:y Plat...... 10 Section 3.150 General Information ...... 10 Section 3.200 Existing Conditions ...... 11 Section 3 .300 Partial Development ...... 12 Section 3.350 Explanator:y Information with Preliminar:y Plat ...... 12 Section 3.400 Preliminar:y Review of Proposal ...... 12 Section 3.450 Tentative Approval of Preliminary Plat ...... 13 Section 3.500 Submission of Final Plat...... 13 Section 3.550 Information on Final Plat ...... 13 Section 3.600 Technical Plat Review ...... 15 Section 3.650 Supplementary Information with Final Plat...... 16 Section 3. 700 Agreement for Improvements ...... 16 Section 3. 7 50 Bonds...... 17 Section 3.800 Approval of Planning Commission ...... 17 Section 3.850 Filing of Final Plat ...... 18

Lakeside Ordinance No. 194: Partitions and Subdivisions Page2 Table of Contents (cont.)

ARTICLE 4: LAND PARTITIONING ...... 19

Section 4.100 Land Partitioning Procedure for Approval...... --!§"" Z /

ARTICLE 5: APPROVAL OF STREETS AND WAYS ...... 21

Section 5.100 Creation of Streets ...... 21 Section 5.200 Creation ofWays ...... 21

ARTICLE 6. DESIGN STANDARDS ...... 22

Section 6.100 Principles of Acceptability ...... 22 Section 6.200 Streets ...... 22 Section 6.300 Blocks ...... 26 Section 6.400 Lots ...... 26 Section 6.500 Building Lines ...... 27 Section 6.600 Large Lot Subdivision ...... 27

ARTICLE 7: IMPROVEMENTS ...... 28

Section 7 .100 Improvement Procedures ...... 28 Section 7.300 Improvements in Subdivisions ...... 29 Section 7.400 Right of Waiver ...... 30 Section 7.500 Improvements in Partitions ...... 30

ARTICLE 8: EXCEPTIONS, VARIANCES AND ENFORCEMENT ...... 31

Section 8. 100 Exceptions in Case of a Planned Unit Development...... 31 Section 8.200 Variations Applications ...... 31 Section 8.300 Appeal ...... 31 Section 8.400 Penalties for Violation ...... 32 Section 8.500 Sanctions for Violation ...... 32 Section 8.600 Severability ...... 32 Section 8.700 Precedence of Comprehensive Plan ...... 32

Lakeside Ordinance No. 194: Partitions and Subdivisions Page 3 ( ARTICLE 1: SUBDIVISION ADMINISTRATION

SECTION:

1.100: Effect 1.200: Purpose 1.300: Approval of Land Divisions 1.400: Definitions 1.500: Relocation of Lot Line 1.600: Replatting of Subdivided Lands 1.700: Fees

Section 1.100 Effect. This ordinance supersedes prior Lakeside Ordinance 19.

Section 1.200 Purpose. The purpose ofthis ordinance is to establish standards and procedures for the partitioning and subdivision of land in the City of Lakeside. These regulations are necessary in order to provide for the proper width and arrangement of streets, to coordinate proposed development with any overall plan, to provide for public facilities, including utilities and open space for recreation, to avoid undue population ( congestion, to assure adequate sanitation and water supply, to provide for the protection, conservation and proper use of land, and, in general, to protect the health, safety and general welfare of the public.

Section 1.300 Approval of Land Divisions.

No person shall dispose of, transfer or sell any lot or parcel of land in a land partition with respect to which approval is required by this Ordinance until such approval is obtained.

No person shall create a street or way for the purpose of partitioning a parcel of land without the approval of the body authorized to give approval of plats for subdivisions or land partitions under the provisions of this title until such approval is obtained.

No persons shall dispose of, transfer, sell or advertise agree or negotiate to sell any lot or parcel ofland in any subdivisions or land partition with respect to which approval is required by this Ordinance until such approval is obtained, and the plat thereof has been acknowledged and recorded with the County recording officer.

Lakeside Ordinance No. 194: Partitions and Subdivisions Page4 ( Section 1.400 Definitions. As used herein, the following words shall mean:

1. Block Length. The distance measured along all that part of one side of the street which is between two intersecting or intercepting streets.

2. Building Line. A line on a plat indicating the limit beyond which buildings or structures may not be erected.

3. City. City of Lakeside.

4. City Council. The Common Council of the City, which is the governing body of the City.

5. Development Plan. A city plan for guidance of growth and improvement of the City, including any modifications or refinements which from time to time may be made.

6. Division ofland. The creation oflots or parcels.

7. Easement. A grant of right to use land.

8. Lot. A unit ofland created by subdivision ofland.

a. Comer Lot. A lot having at least adjacent sides which abut streets other than alleys provided the angle of intersection of the adjacent streets do not exceed 13 5 degrees.

b. Through Lot. A lot having frontage on two parallel or approximately parallel streets other than alleys.

9. Parcel. A unit ofland created by partitioning of the land.

10. Partition. Either an act of partitioning land or an area or tract ofland partitioned.

a. Land Partition. A partition which includes not more than three (3) lots.

11. Partition Land. To divide land into two or three parcels of land within a year, but does not include:

a. A division of land resulting from a lien foreclosure, foreclosure of a recorded contract for sale of real property or creation of cemetery lots;

b. An adjustment of a property line by the relocation of a common boundary where an additional unit ofland is not created and where the existing unit

Lakeside Ordinance No. 194: Partitions and Subdivisions Page5 ( ofland reduced in size by the adjustment complies with any applicable zoning ordinance; or

C. A sale or grant by a person to a public agency or public body for a state highway, county road, city street or other right-of-way purposes, provided that such road or right-of-way complies with the applicable comprehensive plan and ORS 215.213(2)(q) and ORS 215.283(2)(p) through (r).

12. Partition Plat. IncluC!es a final map and other writing containing all the descriptions, locations, specifications, provisions, dedications and information concerning land partitions.

13. Pedestrian Way. A right-of-way for pedestrian traffic.

14. Person. Any individuals, firm, partnership, corporation, company, association or other legal entity, including any trustee, receiver, assignee or similar representative.

15. Planning Commission. The planning commission of the City.

16. Replat. Includes a final map of the reconfigurations oflots, parcels and easements of a recorded subdivision or partition play and other writings containing all the descriptions, location, specifications, dedications, provisions and information.

17. Reserve Strip or Street Plug. A strip ofland in a roadway which serves to limit or restrict access to dedicated public right-of-ways.

18. Right-of-Way. The area between boundary lines ofa street or other easement.

19. Roadway. The portion or portions of a street right-of-way developed for motorized vehicle traffic.

20. Sidewalk. A pedestrian way where vehicular traffic is prohibited.

21. Street. A public or private way that is created to provide ingress or egress for persons to one or more lots, parcels, areas or tracts ofland, excluding a private way that is created to provide ingress or egress to such land in conjunction with the use of such land for forestry, mining or agricultural purposes. A street may be designated as a "road", "highway", "lane", "avenue", "alley", or other similar designations.

a. Alley. A narrow street through a block primarily for access by service vehicles to the back or side of properties fronting on another street.

b. Arterial. A street of considerable continuity which is primarily a traffic artery for intercommunication among large areas.

Lakeside Ordinance No. 194: Partitions and Subdivisions Page6 c. Collector. A street supplementary to the arterial street system and a means of intercommunication between this system and smaller areas; used partly by through traffic and partly for access to abutting properties.

d. Cul-de-sac (dead end street). A short street with one end open to traffic and the other terminated by a vehicle turn around.

e. Half Street. ½. portion of the width of a street, usually along the edge of a subdivision, where the remaining portion of a street could be provided in another subdivision.

f Marginal Access Street. A minor street parallel and adjacent to a major arterial street providing access to abutting property, but protected from through traffic.

g. Minor Street. A street intended exclusively for access to abutting properties.

22. Subdivide Land. To divide land into four (4) or more lots within a calendar year.

23. Subdivision. Either an act of subdividing land or an area or tract of land subdivided.

24. Subdivider. Any person who causes land to be subdivided for himself or for others, or who undertakes to develop a subdivision, but does not include a public agency cir officer authorized by law to make subdivisions.

25. Subdivision Plat. Includes a final map and other writing containing all the descriptions, locations, specifications, dedications, provisions and information concerning a subdivision.

26. Representative of the City: A person designated by the City Council to carry out specific tasks required or allowed by this ordinance. 1

Section 1.500 Relocation of Lot Line.

1. A lot line adjustment shall not create an additional parcel, shall not reduce· an existing parcel below the minimum lot size applicable to that zoning · district, shall involve only one common lot line, and shall not redesignate the' front lot line as defined in Article 3 of the Lakeside Municipal Zoning Code.

2. An application for a relocation of a lot line shall be filed with the City Recorder. The Planning Director shall notify the applicant within five (5) days whether the application has been approved or denied. If approved, a

Lakeside Ordinance No. 194: Partitions and Subdivisions Page7 ·v?) ( survey, certified by a· licensed surveyor, shall be filed with the City within sixty (60) days of notification of approval. The applicant shall cause the survey to be recorded with the appropriate City and County offices at the applicant's expense and shall forward a copy of the recorded survey to the City. If denied, the decision may be appealed to the Planning Commission, by filing written notice of appeal, including the alleged error of the decision, with the City within ten (10) days of notice of such decision.

Section 1.600 Replatting «sf Subdivided Lands. Replatting of an existing, but undeveloped, subdivision shall follow the following procedures:

1. The applicant shall apply to the City for vacation of existing rights of way as applicable.

2. The applicant shall apply to the City for partition of subdivision approval as applicable according to the provisions of this Ordinance.

Section 1. 700 Fees.

Application Fee. In order to cover the actual processing costs connected with the application for tentative plan approval of partitions and subdivisions, the applicant is required to submit a filing fee based on average processing costs along with the application, which fees shall be established by resolution of the Common Council.

2. Administrative Fee. In order to defray the administrative costs connected with reviewing and processing land divisions or adjustments to lot lines, the City shall collect a fee according to a schedule adopted by the City Council. This fee will be collected in connection with the following:

a. Lot line adjustments; b. Land partitions; c. Subdivisions; d. Planned Unit Developments.

Lakeside Ordinance No. 194: Partitions and Subdivisions Page8 ARTICLE 2: GENERAL PROVISIONS

SECTION:

2.100: Scope of Regulations 2.200: General Requirements for Subdivision and Partition Plats 2.300: Delegation t6 Planning Commission, Appeals 2.400: Notice Concerning Water Rights 2.500: Water Supply 2.600: Sewage Disposal System 2.700: Engineering Review

Section 2.100 Scope of Regulations. All subdivision and partition plats must be approved by the Planning Commission or its delegates in accordance with these regulations. Within the existing or later established Lakeside Urban Growth Boundary, changes in property boundary lines shall be in accordance with these regulations. Persons desiring to subdivide or partition land or desiring to sell any portion not the whole parcel ofland within Lakeside Urban Growth Boundary shall submit preliminary plans and final documents for approval as provided in this ordinance and state law. All proposed subdivisions and partitions shall comply with applicable zoning ordinances and regulations.

Section 2.200 General Requirements for Subdivision and Partition Plats.

1. No person shall submit a plat of a subdivision or partition until all the requirements of ORS 209 .250 and all other applicable requirements have been met.

2. The survey for the plat of the subdivision or partition shall be made by a registered, professional land surveyor and shall be of such accuracy that the linear error of closure shall not exceed one foot in 10,000 feet.

3. The plat of the subdivision or partition shall have a minimum drawing scale of one and one-half inch to fifty feet for 1-10 acres, one inch to 100 feet for 10-100 acres and one inch to 200 feet for over 100 acres. Lots shall be numbered sequentially. The lengths and courses of all boundaries of each lot or parcel shall be shown. Each street shall be named. All plats shall be presented on a minimum size sheet of 18 by 13 inches or any multiple thereof.

4. The locations and descriptions of all monuments found or set shall be carefully recorded upon all plats and the proper courses and distances of all boundary lines shall be shown.

Lakeside Ordinance No. 194: Partitions and Subdivisions Page 9 5. The location, dimensions and purpose of all recorded and proposed easements, public or private, shall be shown on the subdivision or partition plat together with the county clerk's recording reference number if the assessment has been recorded.

6. The area of each parcel or lot shall be shown on the partition or subdivision plat.

7. In addition to showing bearings in degrees, minutes and seconds of a degree and distances in feet and hundredths of a foot, the following curve information shall be shown on the subdivision' or partition plat either on the face of the map or in a separate table:

a. Arc length; b. Chord length; c. Chord bearing; d. Radius; and e. Central angle.

9. Subdivision and partition plats within one-half mile of an established geodetic control monument, that has bee approved by The National Geodetic Society or has been approved by and filed with the county shall, by field survey according to Federal Geodetic Control Committee guidelines for third order class II, show the measured angles and distances frotn the geodetic control monument. If there is an azimuth mark for the geodetic control monument or if there is another geodetic control monument that is intervisible to the primary geodetic control monument, the bearings shall be based, if practicable, on the bearings between the geodetic control monument and the azimuth mark or the intervisible control monument.

Section 2.300 Delegation to Planning Commission, Appeals.

1. The City Plarming Commission and other delegate appointed by the City shall have power to take action approving or disapproving subdivisions and partitions on behalf of the City.

2. Appeals form the approval or disapproval of the Planning Commission shall be filed with the City Recorder within 10 days after the date of the approval or disapproval appealed from.

3. The City Council shall hear the appeals within 45 days of the filing thereof with the city recorder. A majority vote of the City Council is required to affirm or reverse the decision of the Planning Commissioner or other delegate.

4. The City Council may establish a fee to be charged for an appeal under this section. The fee shall be reasonable and shall be no more than the average cost of such appeals or the actual costs of the appeal, excluding the cost of preparing a written transcript. The City Council may establish a fee for preparation· of a

Lakeside Ordinance No. 194: Partitions and Subdivisions PagelO @) written transcript. That fee shall be reasonable and shall be no more than the actual cost of the transcript up to $500.00 plus one-half of the actual costs over $500.00.

Section 2.400 Water Supply. Subject to any standards and procedures adopted pursuant to ORS 92.044, no subdivision or partition plat shall be approved unless the Planning Commission or its delegate has received and accepted:

1. A certification by a City owned domestic water supply system or by the owner of a privately owned water supply system, subject to regulation by the Public Utility Commission of Oregon, that water will be available to every lot or parcel line of each and every lot in the subdivision or partition plat;

2. A bond, contract or other assurance that a domestic water supply system shall be installed to the lot line of each and every lot or parcel in the subdivision or partition plat. The amount of the bond, contract or other assurance shall be determined by the city engineer. The City may charge a reasonable fee, not to exceed the expense of the engineer's fee for determining the amount of the bond, contract or other assurance; or

3. In lieu of subsections 1 and 2 of this section, a statement that no water supply facility will be provided to the lot or parcel. A copy of any such statement, signed by the person seeking the subdivision or partition and endorsed by the Planning Commission, shall be filed by the person with the Real Estate Commissioner and furnished to each prospective purchaser of the lots or parcels prior to the first written agreement thereof The person shall take a signed receipt from the purchaser upon delivery of such a statement, immediately send a copy thereof to the Real Estate Commissioner, and shall also keep a copy on file within Oregon for three years after the receipt is taken.

Section 2.500 Sewage Disposal System. Subject to any standards and procedures adopted pursuant to ORS 92.044, no subdivision or partition plat shall be approved unless the Planning Commission or its delegate has received and accepted:

1. A certification by a City owned sewage disposal system or by the owner of a privately owned sewage disposal system that is subject to regulation by the Public Utility Commission of Oregon that sewage disposal will be installed to the lot or partition line of each and every lot or parcel depicted on the subdivision or partition plat;

2. A bond, contract or the assurance to the City that a sewage disposal system will be installed to each and every lot or parcel depicted on the plat. The amount of the bond, contract or other assurance shall be determined by the City engineer and a fee charged in accordance with Section 8(2) of this ordinance; or

Lakeside Ordinance No. 194: Partitions and Subdivisions Pagel! @ 3. In lieu of subsections I and 2 of this section, a statement that no sewage disposal ( facility will be provided to the purchaser of any lot or parcel depicted on the plat, where the Department of Environmental Quality has approved the proposed method or alternative method of sewage disposal in its evaluation report described in ORS 454. 755(1 )(b) or any subsequent statute enacted in its place. A copy of any such statement, signed by the person seeking subdivision or partition and endorsed by the Planning Commission, shall be filed by the person with the Real Estate Commissioner and furnished to each prospective buyer of the lots or parcels prior to the signing of the first written agreement for the purchase thereof The person shall take a receipt from the purchaser, send a copy thereof to the Real Estate Commissioner and retain a copy thereof as provided in Section 8(3) of this ordinance.·

Section 2.600 Engineering Review. The City or its delegate may require an engineering review and approval of a subdivision or partition to assure compliance with state and local subdivision and partition requirements relating to matters other than survey adequacy.

(

Lakeside Ordinance No. 194: Partitions and Subdivisions Pagel2 ® ( ARTICLE 3: PRELIMINARY PLATS AND FINAL PLATS

. SECTION:

3 .100: Submission of Preliminary Plat 3.150: General Information 3 .200: Existing Contlitions 3.250: Preliminary Plan of Land Partitioning 3 .300: Partial Development 3.350: Explanatory Information with Preliminary Plat 3 .400: Preliminary Review of Proposal 3 .450: Tentative Approval of Preliminary Plat 3.500: Submission ofFinal Plat 3.550: Information on Final Plat 3.600: Technical Plat Review 3. 650: Supplementary Information with Final Plat 3. 700: Agreement for Improvements 3.750: Bonds 3.800: Approval of Planning Commission 3. 850: Filing of Final Plat (

Section 3 .100 Submission of Preliminary Plat. A subdivider shall prepare a tentative plat together with improvement plans and other supplementary material as may be required to indicate the general program and objectives of the project, and shall submit seven (7) copies of the tentative plan to the designated city office at least 15 days prior to the Planning Commission meeting at which consideration of the plan is desired.

Section 3 .150 General Information. In addition to other information required by this ordinance, the following general information shall be shown on the preliminary plat:

1. Proposed name of the subdivision. This name must not duplicate nor resemble the name of another subdivision in the county and shall be approved by the Planning Commission.

2. Date, north point of scale of drawing.

3. Appropriate identification clearly stating the map as a preliminary plat.

4. Location of the subdivision by section, township and range, and a legal description sufficient to define the location and boundaries of the proposed tract designation .( or other description according to the real estate records of the county assessor. I,

Lakeside Ordinance No. 194: Partitions and Subdivisions Page 13 5. Names and addresses of the owner, subdivider and engineer or surveyor.

Section 3 .200 Existing Conditions. The following existing conditions shall be shown on the preliminary plat:

1. The location, widths and names of all existing or platted streets or other public ways within or adjacent to the tract, together with easements, other rights-of-way, and other important features such as section lines, corners, city boundary lines and monuments. '

2. Contour lines related to some established bench mark or other datum approved by the City representative and having minimum intervals as follows:

a. For slopes less that five percent; show the direction of slope by means of arrows or other suitable symbol together with no less that four spot elevations per acre, evenly distributed.

b. For slopes of five percent to fifteen percent; five feet.

c. For slopes of fifteen percent to twenty percent; ten feet.

d. For slopes of over 20 percent; 20 feet.

3. The location of at least one temporary bench mark within the plat boundaries.

4. The location and direction of all water courses and areas subject to flooding.

5. Natural features such as rock outcroppings, marshes, wooded areas and isolated preservable trees.

6. Existing uses of the property, including location of all existing structures to remain on the property after platting and designate future uses of those structures which will remain.

Section 3.250 Preliminary Plan of Land Partitioning. In addition to other information required by this ordinance, the following information shall be included on the preliminary plat:

1. The location, width, name and approximate grade of all streets. The relationship of all streets to any projected streets as shown on any development plan adopted by the Planning Commission or, if no development plan has been adopted, as may be suggested by the Planning Commission in order to assure adequate traffic circulation.

2. The location and purpose of easements.

Lakeside Ordinance No. 194: Partitions and Subdivisions Pagel4 @ 3. The location and approximate dimensions of all lots and proposed lot and block numbers.

4. Sites, if any, allocated for purposes other than single-family dwellings.

Section 3.300 Partial Development. If the plat to be subdivided contains only part of the tract owned or controlled by the subdivider, the Planning Commission may require a sketch of a tentative layout for streets in the unsubdivided portion.

Section 3 .3 50 Explanatory Information with Preliminary Plat. Any of the following information may be required by the Planning Commission and, if it cannot be shown practicably on the preliminary plat:

I. A vicinity map, showing existing subdivision, streets and subdivided land ownerships adjacent to the proposed subdivision, and showing how proposed streets may be extended to connect to existing streets.

2. Proposed deed restrictions, if any, in outline form.

3. Approximate center line profiles and extensions for a reasonable distance beyond the limits of the proposed subdivision showing the finished grade of all streets as approved by the appointed city representative.

4. The location within the subdivision and in the adjoining streets and property of existing sewers and water mains, culverts and drain pipes, and elevations of sewers and points of probable connections.

5. A certified list of the names and addresses ofland owners within the boundaries of the preliminary plat.

Section 3.400 Preliminary Review of Proposal. Within two weeks after being submitted by the subdivider, the appointed city representative shall furnish one copy of the preliminary plat and supplemental material to the county surveyor, to the appointed city representative, to the county health officer if the property is not to be served by sewers, to the county planning office and to the State Highway Department if the property is adjacent to a state highway or state park. These agencies will be given at least five days and no more than fourteen days to review the plan, suggest revisions, and return the plans to the city. In addition, the Planning Commission shall notify all adjoining property owners of the proposed action to be considered at the designated public hearing.

Section 3.450 Tentative Approval of Preliminary Plat.

I. By the next regularly scheduled Planning Commission meeting, or earlier if the Planning Commission desires, but not exceeding sixty (60) days following

Lakeside Ordinance No. 194: Partitions and Subdivisions Page 15 submission of a tentative plan of a subdivision, the Planning Commission shall review the plan and the reports of appropriate officials and agencies. If the preliminary plat is approved by the Planning Commission, the prelimiriary plat must also be approved by the City Council. The Planning Commission may approve the tentative plan as submitted or as it may be modified. If the Planning Commission does not approve the plan, it shall express its disapproval and its reasons therefore.

2. Approval of the tentative plat shall indicate approval of the final plat if there is no change in the plan of the subdivision and if the subdivider complies with the requirements of this ordinance.

3. The action by the Planning Commission shall be noted on two copies of the tentative plan, including reference to any attached documents describing conditions. One copy shall be returned to the subdivider and the other shall be retained by the Planning Commission.

Section 3.500 Submission ofFinal Plat. Within one year after tentative approval of the preliminary plat, the subdivider shall cause the subdivision or any part thereof to be surveyed and a final plat prepared in conformance with the preliminary plat as tentatively approved. The subdivider shall submit the drawing in the form required by ORS 92. 080 and five prints of the final plat and any supplementary information to the appointed city representative at least 10 days prior to the Planning Commission meeting at which consideration of the plat is desired. If the subdivider wishes to proceed with the subdivision after the expiration of the one year period following the tentative approval of the preliminary plat to the Planning Commission, he must resubmit his preliminary plat to the Planning Commission and make any revisions considered necessary to meet changed conditions. The final plat shall be accompanied by a checking fee established by resolution to be paid to the city.

Section 3.550 Information on Final Plat. In addition to that otherwise specified by law, the following information shall be shown on the final plat:

1. The date, scale, north point (generally pointing up), legend, and controlling topography such as creeks, highways and railroads.

2. Legal description of the tract boundaries.

3. Name and address of the owner, subdivider, and engineer or surveyor.

4. Reference points of existing surveys identified, related to the plat by distances and bearings, and referenced to a field book or map as follows:

a. Stakes, monuments or other evidence found on the ground and used to ( determine the boundaries of the subdivision.

Lakeside Ordinance No. 194: Partitions and Subdivisions Page 16 b. Adjoining corners of adjoining subdivisions.

c. Township, section and donation land claim lines within and adjacent to the plat.

d. Whenever the City has established the center line of a street adjacent to or within the proposed subdivision, the location of this line and monuments found or reset.

e. All other monuments found or established in making the survey of the subdivision or required to be installed by provisions of this ordinance.

5. The exact location and width of streets and easements intersecting the boundary of the tract.

6. Tract boundary lines, right-of-way lines and center lines of streets; lot and block lines with dimensions, bearings or deflection angles and radii arcs, points of curvature and tangent bearings. Tract boundaries and street bearings shall be shown to the nearest one second with basis of bearings. All distances shall be shown to the nearest 0.01 feet. No ditto marks may be used.

7. The width of the portion of streets being dedicated, the width of any existing right­ of-way, and the width on each side of the center line. For streets on curvature, curve data shall be based on the street and central angle and tangent distance shall be indicated.

8. Easements denoted by fine dotted lines, clearly identified and, if already of record, their recorded reference. If an easement is not definitely located of record, a statement of the easement shall be given. The width of the easement, its length and bearing, and sufficient ties to locate the easement with respect to the subdivision must be shown. If the easement is being dedicated by the map, it shall be properly referenced in the owner's certificates of dedication.

II 9. Lot numbers beginning with the number l II and numbered consecutively.

10. The lot numbers shall be solid, of sufficient size and thickness to stand out and so placed as not to obliterate any figure. Lot numbers in additional subdivisions of the same name shall be a continuation of the numbering in the original subdivision. ''I 11. Land parcels to be dedicated for any purpose, public or private, to be distinguished i' from lots intended for sale. I! 12. Building setback lines, if any, are to be made a part of the subdivision restrictions. I I 13. The following certificates may be combined where appropriate: I

I

Lakeside Ordinance No. 194: Partitions and Subdivisions Page 17 ( a. A certificate signed and acknowledged by all parties having any record title interest in the land subdivided, consenting to the preparation and recording of the plat.

b. A certificate signed and acknowledged as above, dedicating all parcels of land shown on the final map and intended for any public use except those parcels which are intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants and servants.

c. A certificate with the seal of and signed by the engineer or the surveyor responsible for the survey and final map.

d. For all other certifications now or hereafter required by law.

14. A copy of any deed restrictions applicable to the subdivision.

Section 3.600 Technical Plat Review.

1. Upon receipt by the City, the final map and other data shall be reviewed by the appointed city representative who shall examine them to determine that the subdivision as shown is substantially the same as it appeared on the approved preliminary plat and that there has been compliance with the provisions of the law and this ordinance.

2. The appointed city representative may make checks in the field as to verify that the map is sufficiently correct on the ground, and he or his representative may enter the property for this purpose.

3. If the appointed city representative determines that there has not been full conformity, he shall advise the subdivider of the changes and additions that must be made and afford the subdivider an opportunity to make such changes or additions. If the appointed city representative determines that full conformity has been made, he shall so certify and transmit the plat to the planning commission.

Section 3.650 Supplementary Information with Final Plat. The following information shall accompany the final plat:

1. A preliminary title report issued by a title insurance company in the name of the owner of the land, showing all parties whose consent is necessary and their interests in the premises.

2. Sheets and drawings showing the following:

Lakeside Ordinance No. 194: Partitions and Subdivisions Page 18 a. Traverse data including the coordinates of the boundary of the subdivision and ties to section corners and donation land claim corner, and showing the error of closure, if any.

b. The computation of all distances, angles, and courses shown on the final map.

c. Ties to existing monuments, proposed monuments, adjacent subdivisions, street corner§ and state highway stationing.

3. Written proof that all taxes and assessments on the tract are paid to date.

4. A certificate by the city administration that the subdivider has complied with one of the following alternatives:

a. All improvements have been installed in accordance with the requirements of these regulations arid with the action of the Planning Commission giving conditional approval of the preliminary plat.

b. An agreement that has been executed as provided in Sections 17 and 18.

Section 3. 700 Agreement for Improvements. Before Planning Commission approval is certified on the final plat the subdivider shall either install required improvements and repair existing streets and other public facilities damaged in the development of the subdivision or execute and file with the City Recorder an agreement between himself and the City, specifying the period within which required improvements and repairs shall be completed. The agreement shall provide that if the work is not completed within the period specific, the City may complete the work and recover the full cost and expense thereof from the subdivider. The agreement shall also provide for reimbursement of the City for the cost of City inspection. The agreement may provide for the construction of the improvements in units, for an extension of time under specified conditions, and for the termination of the agreement upon which the establishment of an assessment district for the construction of improvements.

Section 3.750 Bonds.

I. The subdivider shall file with the agreement, to assure his full and faithful performance thereof, one of the following:

a. A surety bond executed by a surety company authorized to transact business in the State of Oregon in a form approved by the City Attorney.

b. A personal bond consigned by at least on additional person together with evidence of financial responsibility and resources of those signing the bond

~ Lakeside Ordinance No. 194: Partitions and Subdivisions Page 19 ~ ( sufficient to provide reasonable assurance of ability to proceed in accordance with the agreement.

C. Cash.

2. Such assurance of full and faithful performance shall be for a suin determined by the city as sufficient to cover the cost of the improvements and repairs, including related engineering and incidental expenses, and to cover the cost of city inspection. '

3. If the subdivider failed to carry out provisions of the agreement, and the city has unreimbursed costs or expenses resulting from such failure, the city shall call on the bond or cash deposit for reimbursement. If the amount of the bond or cash deposit exceeds the cost and expense incurred by the city, the city shall release the remainder. Ifthe amount of the bond or cash deposit is less than the cost and expense incurred by the city, the subdivider shall be liable to the city for the difference.

Section 3.800 Approval of Planning Commission. Upon receipt of the final plat, the Planning Commission shall determine whether it conforms with the approved preliminary plat and with these regulations. The Planning Commission shall approve the plat if it determines that the plat conforms to all requirements, including Oregon Revised Statute 92.120, and the supplementary documents and provisions for required improvements are satisfactory. If the Planning Commission does not approve the plat, it shall advise the subdivider of the changes- and additions that must be made and shall afford him an opportunity to make the necessary changes. Approval shall be indicated by the signature of the chairman of the Planning Commission. Approval of the final plat by the Planning Commission shall not constitute an acceptance of the public of the dedication of any street or other easement of way shown on the plat. If the final plat is approved by the Planning Commission, it can be assumed that the final plat will be approved by the City Council.

Section 3.850 Filing of Final Plat. The subdivider shall, without delay, submit the final plat for signatures of other public officials required by law. Approval of the final plat shall be null and void if the plat is not recorded within 30 days after the date the last required signature has been obtained.

Lakeside Ordinance No. 194: Partitions and Subdivisions Page 20 ARTICLE 4: LAND PARTITIONING

SECTION:

4 .100: Land Partitioning Procedure for Approval

Section 4 .100 Land Partitioning Procedure for Approval. Land partitioning creating not more than three lots shall be known as a land partition. Land partitioning shall be approved under the following procedure.

1. There shall be submitted to the appointed city representative a tracing of a sketch map 8 1/2 by 11 inches, or 18 by 24 inches in size with the following information:

a. The date, north point, scale and sufficient description to define the location and boundaries of the parcel to be partitioned and its location in the Lakeside Urban Growth Boundary.

b. Name and address of the record owner and the person who prepared the sketch map.

C. Approximate acreage of parcel under a single ownership or, if more than one ownership is involved, the total contiguous acreage of all landowners iI directly involved in the land partitioning. ~ t i d. For land adjacent to and within the parcel to be partitioned, show the location, names and existing width of all streets and easements of way; I location, width, and purpose of all other existing easements, and location I and size of sewer and water lines and drainage ways and the location of power poles.

e. Outline and location of existing buildings to remain in place.

f Lot layout, showing size and relationship to existing or proposed streets and utility easements.

g. Such additional information as required by the Planning Commission.

2. Under the following circumstances the city representative or Planning Commission may approve land partitions following routine administrative review:

a. Parcels being divided are larger than two (2) acres;

Lakeside Ordinance No. 194: Partitions and Subdivisions Page21 @ b. All parcels have road access;

c. Article 5 has been complied with.

Under this procedure, the appointed city representative shall check the proposed against the development plan and may approve the proposal without submitting it to the entire Planning Commission. Decisions of the city representative shall be reviewed by the Planning Commission at its next meeting.

3. If the location of type ofland is not such as has been defined for routine administrative approval or if the proposed land partitioning does not appear to comply with the requirement for routine administrative approval, the sketch map shall be submitted for Planning Commission review and determination that the proposal will be compatible with the development plait The Planning Commission may require dedication ofland and easements and may specify conditions or modifications in the sketch plan necessary to carry out the development plan. In no event, however, shall the Planning Commission require greater dedications or conditions that could be required if the parcel were subdivided. If the partitioning provided in the sketch map results in the complete accomplishment of those parts of the development plan which should be affected by partitioning of the parcel, the Planning Commission shall state on the sketch map that future partitioning within the area shown of the sketch map may occur without submission for approval of the Planning Commission.

4. If the parcel ofland to be partitioned in the Lakeside Urban Growth Boundary exceeds five acres and within a year is being partitioned into more than two parcels any one of which is less than one acre, full compliance with all requirements for subdivision may be required if the Planning Commission should determine, on its own judgment, that the entire parcel being partitioned is in the process of being divided into small parcels.

5. When a sketch map has been approved, all copies shall be marked with the date and conditions, if any of approval. Two copies shall be returned to the applicant, one copy shall be attached to the map of the appropriate parcels in the county records, and one copy shall be retained in the Planning Commission files.

Lakeside Ordinance No. 194: Partitions and Subdivisions Page22 ® ( ARTICLE 5: APPROVAL OF STREETS AND WAYS l

SECTION:

5.100: Creation of Streets 5.200: Creation ofWays

Section 5. I 00 Creation of Streets.

I. The creation of a public street and the resultant separate land parcels shall be in confonnance with the requirements for subdivision unless any of the following conditions exist:

a. The establishment of the public street is initialed by the City Council or Board of County Commissioners and is declared essential for the purpose of general traffic circulation and the partitioning of land is an incidental effect rather than the primary objective of the street.

b. The tract in which the street is to be dedicated is an isolated ownership of ( \ one acre or less of such size and characteristic as to make it impossible to develop building sites for more than three dwelling units.

2. In those cases where approval of a street may be given without full compliance with the regulations applicable to the subdivision, a copy of the proposed deed shall be submitted to the appointed city representative at least five days prior to the Planning Commission meeting at which consideration is desired. The deed and such infonnation as may be submitted shall be reviewed by the Planning Commission and, of not in conflict with the standards of Section 24-29 of these regulations, shall be approved with such conditions as are necessary to preserve these standards. The deed and such infonnation shall also require approval by the City Council.

Section 5.200 Creation of Ways. The Planning Commission may approve an easement of way to be established by deed without fully compliance with these regulations provided such an easement is the only reasonable method by which a portion of a lot large enough to warrant partitioning into two parcels may be provided with access. if the existing lot is large enough so that two or more parcels not having frontage on an existing lot may be created, an easement of way will not be acceptable and a street must be dedicated.

Lakeside Ordinance No. 194: Partitions and Subdivisions Page23@ ARTICLE 6. DESIGN STANDARDS

SECTION:

6.100: Principles of Acceptability 6.200: Streets 6.300: Blocks 6.400: Lots 6.500: Building Lines 6.600: Large Lot Subdivision

Section 6.100 Principles of Acceptability. Subdivisions shall conform to any development i, plans of the city or county including conformance with statewide land use goals and !I I guidelines, and shall take into consideration preliminary plans made in anticipation thereof i Subdivisions shall conform to the requirements of state law and the standards by this I ordinance. I Section 6.200 Streets. I I 1. General. The location, width and grade of streets shall be considered in their I relation to existing and planned streets, topographical conditions, to public IIr convenience and safety, and to the proposed use of the land to be served by the i! streets. Where location is not shown in a development plan, the arrangement of 1· streets in a subdivision shall either:

a. Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or

b. Conform to a plan for the neighborhood approved or adopted by the Planning Commission to meet a particular situation where topographical or other conditions make continuation or conformance to existing streets impractical.

2. Design Standards. The design standards as tabulated herein, shall be used for all street designs within the city. The design standards shall include paved streets with such appurtenances as curbs, sidewalks, storm drainage, lighting and other amenities. Minimum dimensions and criteria are listed in Table 1. Where existing conditions such as topography or in the size or shape ofland parcels make it otherwise impractical to provide these minimum standards, the Planning Commission may make exception to these standards in accordance with the variance procedure requirements in Section 25.

Lakeside Ordinance No. 194: Partitions and Subdivisions Page 24 3. Reserve strips. Reserve strips or street plugs controlling the access will not be approved unless necessary for the protection of the public welfare or of substantial property rights and in these cases they may be required. The control and disposal of the land comprising such strips shall be placed within the jurisdiction of the city under conditions approved by the Planning Commission.

4. Alignment. As far as practical, all streets other than minor streets and cul-de-sacs, shall be in alignment with existing streets by continuations of the center lines thereof Staggered ~treet alignments resulting in 'T" intersections shall wherever practical leave a minimum distance as listed in Table I between the center lines of streets.

5. Future extension of streets, Where necessary to give access to or permit a satisfactory future subdivision of adjoining land, streets shall be extended to the boundary of the subdivision and the resulting dead-end streets may be approved without a turnaround. Reserve strips arid street plugs may be required to preserve the objectives of street extensions.

6. Existing streets. Wherever existing streets adjacent to or within a tract are of inadequate width, additional right-of-way shall be provided at the time of subdivision.

7. Half streets. Half streets, while generally not acceptable, may be approved where essential to the reasonable development of the subdivision, when in conformity with the other requirements of these regulations, and when the Planning Commission finds it will be practical to require the dedication of the other half when the adjoining property is subdivided. Whenever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such a tract. Reserve strips and street plugs may be required to preserve the objective of half streets.

8. Cul-de-sacs. A cul-de-sac shall have a maximum length of 400 feet and serve no more than 18 single-family dwellings. All cul-de-sacs shall terminate with a turnaround. Minimum radius to property line 65 feet, to pavement 55 feet.

9. Street names. Except for extensions of existing streets, no street name shall be used which will duplicate or be confused with the names of existing streets. Street names and numbers shall conform to the established pattern of the city and the surrounding area, and be subject to the approval of the Planning Commission.

10. Grades and Curves. grades shall not exceed 7 percent on arterials, IO percent on collector streets, or 12 percent on any other streets, grades up to, but not exceeding 20 percent shall be allowable where topography and lot size would ! prohibit lesser grades. In flat areas allowance shall be made for finished street grades having a minimum slope of 1/2 percent. Center line radii of curves shall be

Lakeside Ordinance No. 194: Partitions and Subdivisions Page25 less than 300 feet on major arterials, 200 feet on secondary arterials, or 100 feet on other streets, and shall be to an even 10 feet.

11. Street adjacent to railroad right-of-way. Wherever the proposed subdivision contains or is adjacent to a railroad right-of-way, provision may be required for a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the land between the streets and the railroad. The distance shall be determined with due consideration at cross streets of the minimum distance re'quired for approach grades to a future grade separation and to provide sufficient depth to allow screen planting along the railroad right-of-way.

12. Marginal access streets. Where a subdivision abuts, or contains an existing or proposed arterial street, the planning commission may require marginal access streets, reverse frontage lots with suitable depth, screen planting contained in a nonaccess reservation along the rear or side property line, or other treatment necessary for adequate protection of residential properties and to afford separation of through and local traffic.

13. Alleys. Alleys shall be provided in commercial and industrial districts, unless other permanent provision for access is designated by the Planning Commission. The Corners of alley intersections shall have a radius of not less than 12 feet.

14. Pavement characteristics. Minimum thickness for asphaltic concrete and concrete pavement along with their corresponding base rock requirements are listed in Table 2. Variations in thickness may occur when specific site conditions are considered.

Lakeside Ordinance No. 194: Partitions and Subdivisions Page26 Table 1 Street Design Standards

Characteristics Arterial Collector Local Alley Right-of-way width 80' 60' 50'-60' 20' Pavement width 48' 36' 28'-36' 20' Sidewalk width • 5' 5' 5' Minimum grade 0.5% 0.5% 0.5% Maximum grade 5% 7% 12% Minimum center line radius 600' 300' 150' Minimum tangent between curves of reverse alignment 300' 200' 100' Minimum distance between street intersections same side 400' 300' 200' opposite side 300' 200' 100' Curb radius at intersection 30' 20' 15' Minimum angle of street intersections 75° 75° 75° Minimum sight distance 350' 275' 200'

Table 2 Pavement Thickness

Material Arterial Collector Local Asphalt concrete pavement 4" 3" 2•~., Aggregate base 2" 2" 211_,. Aggregate sub-base 10" 8" 6" Concrete pavement 8" 7" 6" Aggregate base 2" 2" 2"

Lakeside Ordinance No. 194: Partitions and Subdivisions Page27 ( Section 6.300 Blocks. 1. General. The length, width, and shape of block shall take into account the need for adequate lot size and street width and shall recognize the limitations of the topography.

2. Size. No block may be more than 1,000 feet in length between street corner lines unless it is adjacent to an arterial street or unless the topography or the location of adjoining streets jus{ifies an exception.

3. Easements.

a. Utility lines. Easements for sewers, water mains, electric lines, or other public utilities shall be dedicated whenever necessary. The easements shall be at least 15 feet wide and centered on rear or side lot lines.

b. Water courses. If a subdivision is traversed by a water course such as a drainage way, channel, or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of the water course, and such further width as will be adequate for the purpose of maintenance. Streets or park-ways parallel to major water course may be required.

c. Pedestrian ways. When desirable for public convenience, pedestrian ways may be required to connect cul-de-sacs or to pass through unusually long or oddly shaped blocks.

Section 6.400 Lots.

1. Size and Shape. Lot size, width, shape and orientation shall be appropriate for the location of the subdivision and for the type of use contemplated. No lot shall be dimensioned to contain part of an existing or proposed street. An interior lot shall have a minimum average width of 60 feet and a corner lot shall have a minimum average width of 65 feet. A lot shall have a minimum average depth of 100 feet, and the depth shall not exceed two and a half times average width. These minimum standards shall apply with the following exceptions:

a. In areas that will not be served by a public sewer, minimum lot sizes shall conform to the requirements for water supply and sewage disposal.

b. Where property is zoned or planned for business or industrial use, other standards may be permitted at the discretion of the Planning Commission. Depth and width of properties reserved or laid out for commercial or industrial purposes shall be adequate to provide for the off-street parking and service facilities required by the type of use contemplated.

Lakeside Ordinance No. 194: Partitions and Subdivisions Page 28 2. Access. Each lot shall abut upon a street other than an alley or a width of at least 25 feet.

3. Lot side lines. The side lines of lots, as far as practical shall run at right angles to the street upon which the lots face.

4. The Planning Commission shall require developers of subdivisions, on property abutting Tenmile Lake, consisting of more than 15 building lots, to provide for public access to Tenmile Lake and its coastal shorelands.

Section 6.500 Building Lines. If special building setback lines are to be established in the subdivision, they should be shown on the subdivision plan or included in the deed restrictions. ·

Section 6.600 Large Lot Subdivision. In subdividing tracts into large lots which at some future time are likely to be resubdivided, the Planning Commission may require that the blocks shall be of such size and shape, be so divided into lots, and contain such building site restrictions as will provide for extension and opening of streets at intervals which will pennit a subsequent division of any parcel into lots of smaller size.

Lakeside Ordinance No. 194: Partitions and Subdivisions Page29 ARTICLE 7: IMPROVEMENTS

SECTION:

7.100: Improvement Procedures 7.200: Lakeside Plan, Specifications for Improvements . 7.300: Improvemerrts in Subdivisions 7.400: Right of Waiver 7.500: Improvements in Partitions

Section 7. I 00 Improvement Procedures. In addition to other requirements, improvements installed by a land divider either as a requirement of these regulations or at his own option-shall conform to the requirements of this ordinance and improvement standards and specifications followed by the city, and shall be installed in accordance with the following procedure:

I. Improvement work shall not be commenced until plans have been checked for adequacy and approved by the city representative. To the extent necessary for evaluation for the proposal. the plans may be required before approval of the tentative plan of a subdivision or partition.

2. Improvement work shall not commence until after the city is notified, and if the work is discontinued for any reason, it shall not be resumed until after the city is notified.

3. Improvements shall be constructed under the inspection and to the satisfaction of the appointed city representative. The city may require changes in typical sections and details in the public interest if unusual conditions arise during construction to warrant the change.

4. Underground utilities, sanitary sewers, and storm drains installed in streets shall be constructed prior to the surfacing of the streets. Streets for service connections for underground utilities ( excluding water connections) and sanitary sewers shall be placed to a length obviating the necessity for distributing the street improvements when service connections are made.

5. A map showing public improvements as built shall be filed with the City upon completion of the improvements.

Section 7.200 Lakeside Plan, Specifications for Improvements. The appointed city representative shall prepare and submit to the City Council specifications for the construction of streets and alleys, construction of curbs and gutters, dedication of slope

Lakeside Ordinance No. 194: Partitions and Subdivisions Page 30 easements for streets and alleys, construction of drainage facilities and construction of pedestrian ways in. subdivisions and partitions. Such specifications shall conform to engineering standards for the improvements concerned.

S_ection 7.300 Improvements in Subdivisions. The following improvements shall be installed at the expense of the subdivider and atthe time of the subdivision:

1. Streets. Public streets, including alleys, within the subdivision and public streets adjacent but only partially within the subdivision shall be improved according to the city standards. Catch basins shall be installed and connected to drainage tile leading to storm sewers or drainage ways. Upon completion of the street improvements, monuments shall be reestablished and protected and all points of curvature and points of tangency of their center line.

2. Surface drainage and storm sewer systems. Drainage facilities shall be provided within the subdivision and to connect the subdivision drainage to drainage ways or storm sewers outside the subdivision. Design of drainage within the subdivision, as provided by the city engineer, shall take into account the capacity and grade necessary to maintain unrestricted flow from the area draining through the subdivision and to allow extension of the system to serve such areas.

3. Sanitary sewers. Sanitary sewers shall be installed to serve the subdivision and to connect the subdivision to existing mains. In the event it is impractical to connect the subdivision to the city trunk system, the Planning Conunission may authorize the use of septic tanks if lot areas are adequate considering the physical characteristics of the area and if sewer laterals designed for future connection to a sewage disposal system are installed and sealed. Design by the city engineer shall take into account the capacity and grade to allow for desirable extension beyond the subdivision.

If required, sewer facilities will without further sewer construction directly serve property outside the subdivision, the following arrangement will be made to equitably distribute the cost:

a. If the area outside the subdivision to be directly served by the sewer line has reached a state of development to justify sewer installation at the time, the Planning Conunission may recommend to the City Council construction as an assessment project with such arrangement with the subdivider as is desirable to assure financing his share of the construction.

4. Water system. Water lines and fire hydrants serving each building site in the subdivision and connecting the subdivision to city mains shall be installed. The city engineers design shall take into account provisions for extension beyond the subdivisions and to adequately grid the city system.

Lakeside Ordinance No. 194: Partitions and Subdivisions Page31 ® 5. Sidewalks. Sidewalks shall be installed on both sides of a public street and in any special pedestrian way within the subdivision, except that in the case of primary or secondary arterials, or special type industrial districts, the Planning Commission may approve a subdivision without sidewalks if alternative pedestrian routes are · available; and provided further that in the case of streets serving residential areas having single-family dwellings located on lots equivalent to two and one-half or less dwellings per gross acre, the requirement of sidewalks shall not apply, provided there is no evidence of special pedestrian activity along the streets involved. '

6. Bicycle routes. If appropriate to the extension of a system of bicycle routes, existing or planned, the Planning Commission may require the installation of separate bicycle lanes within streets .and separate bicycle paths.

7. Street name signs. Street name signs shall be installed and shall be served from an underground source of supply.

8. Street lights. Street lights shall be installed and shall be served from an underground source of supply.

9. Other. The developer shall make necessary arrangements with utility companies or other persons or corporations affected for the installation of underground lines and facilities. Electrical lines and other wires, including but not limited to communication, street lighting, and cable television, shall be placed underground.

Section 7.400 Right of Waiver. Where the above-mentioned improvements are not practical, the Planning Commission may waive all requirements providing health, safety, and welfare are not jeopardized.

Section 7. 500 Improvements in Partitions. The same improvements shall be installed to serve each building ofa partition as is required ofa subdivision. However, if the Planning Commission finds that the nature of some improvements are unreasonable, the Plarming Commission shall except those improvements. In lieu of expecting an improvement, the Plarming Commission may recommend to the City Council that the improvement be installed in the area under special assessment financing or other facility extension policies of the city .

.I

Lakeside Ordinance No. 194: Partitions and Subdivisions Page32 ® ARTICLE 8: EXCEPTIONS, VARIANCES AND ENFORCEMENT

SECTION:

8.100: Exceptions in Case of a Planned Unit Development 8.200: Variations Applications 8.300: Appeal ' 8.400: Penalties for Violation 8.500: Sanctions for Violation 8.600: Severability 8.700: Precedence of Comprehensive Plan

Section 8 .100 Exceptions in Case of a Planned Unit Development. The standards and requirements of these regulation may be modified by the Planning Commission in the case of a planned unit development.

Section 8.200 Variations Applications. The Planning Commissio_n may authorize conditional variances to requirements of this ordinance. Application for a variance shall be made by petition of the subdivider stating fully the ground for the application. The petition shall be filed with the preliminary map of the subdivision. A variance may be granted only in the event that all of the following circumstances exist:

1. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same vicinity, and result from tract size or shape, topography or other circumstances over which the owners of property since enactment of this ordinance have no control.

2. The variance is necessary for the preservation of a property right of the applicant substantially the same as owners of other property in the same vicinity possess.

3. The variance would not be materially detrimental to the purposes of this ordinance, or to property in the same vicinity in which the property is located, or otherwise conflict with the objectives of any city plan or policy.

Section 8.300 Appeal.

I. A person may appeal to the City Council from a decision or requirement made by the Planning Commission of the city representative. Written notice of the appeal must be filed with the City within ten days after the decision or requirement is made. The notice of appeal shall state the nature of the decision or requirement and the grounds for the appeal.

Lakeside Ordinance No. 194: Partitions and Subdivisions Page33@ 2. The City Council shall hold a hearing on the appeal within 30 d~ys from the time the appeal in filed. The council may continue the hearing for good cause. FoUowing the hearing the council may overrule or modify the decision or requirement made by the Planning Commission or city representative if the decision of the council complies with the spirit and intent of the ordinance.

Section 8 .400 Penalties for Violation. In addition to penalties provided by state law, a person who violates or fails to comply with· a provision of this ordinance shall, upon conviction thereof, be punished by a fine established by resolution or by imprisonment for not more than 100 days, or both. A violation of this ordinance shall be considered a separate offense foe each day the violation continues.

Section 8.500 Sanctions for Violation. If the City Council shall determine that property has been partitioned or divided in violation of the terms of this ordinance, it may by motion or resolution refuse to extend any utility services to the property. Notice of such action shall be given to the owner or purchaser of the property who shall be informed that of a hearing is not requested before the council within 20 days of receipt of the notice, the action of the council shall become final. The Council may provide for recording of it's action.

Section 8.600 Severability. The provisions of this ordinance are severable. If a section, a sentence, clause or phrase of this ordinance is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the validity of the remaining portions of this ordinance.

Section 8. 700 Precedence of Comprehensive Plan. If this ordinance shall be deemed in conflict with the Lakeside Comprehensive Plan, then the Plan shall rule.

ATTEST:

~4-JbdBrian Gabbard, City Recorder

Passed by the council this l..'.:i_ day of <..._f 7 19"-.S-:-- • dp~yorthis_l_!i'.dayof S:r± ,19_t__S--

Peter Schoonover, Mayor

Lakeside Ordinance No. 194: Partitions and Subdivisions Page34@