Article 13: Special Purpose Districts.....................13-1 13.010 Purpose..........................................13-1 13.020 General Provisions...............................13-1 13.025 Special Purpose District Overlay Map........13-1 13.100 Slope Hazard District............................13-1 13.110 Purpose..........................................13-1 13.111 Definition..................................13-2 13.120 Procedures for Development of Partitions, Subdivisions and Planned Unit Developments.......13-2 13.121 Procedure...................................13-2 13.122 Complete Submittal..........................13-2 13.123 Criteria for Approval.......................13-2 13.130 Submittal Requirements for Plans and Reports.....13-3 13.131 Steep Slope Development Report..............13-3 13.132 Grading Plan................................13-3 13.133 Erosion Control Plan........................13-5 13.140 Criteria for Approval of Plans and Reports.......13-5 13.141 Steep Slope Development Reports.............13-5 13.142 Grading Plan................................13-6 13.143 Erosion Control Plan........................13-7 13.150 Criteria for Approval of the Final Plat..........13-7 13.160 Procedures for Approval of Grading or Construction on an Existing Lot ..............................13-8 13.170 Appeals..........................................13-9 13.200 Flood Hazard District............................13-10 13.210 Purpose..........................................13-10 13.211 Designation of Flood Hazard Areas...........13-10 13.212 Warning and Disclaimer of Liability.........13-11 13.220 Duties of Director...............................13-11 13.225 Location of FIRM Boundaries and Elevations..13-12 13.230 Flood Hazard Development Standards...............13-13 13.231 Construction Materials and Methods..........13-13 13.232 Residential Construction Floor Elevation....13-14 13.233 Non-Residential Construction Floor Elevation and Floodproofing...........................13-14 13.234 Manufactured Homes..........................13-15 13.235 Floodways Development.......................13-15 13.236 Utilities and Services......................13-16 13.237 Subdivision and Partition of Land, PUDs.....13-17 13.240 Submittal Requirements...........................13-17 13.241 Development Permit Required.................13-17 13.243 Elevation Certification.....................13-18 13.244 Design Certification........................13-18 13.245 Review Where Elevation Data Not Available...13-18 13.250 Appeals..........................................13-18 13.300 Medical Overlay District.........................13-19 13.310 Purpose.....................................13-19 13.320 Permitted Uses..............................13-19 13.331 Review Procedure Schedule...................13-20 13.332 Criteria for Approval.......................13-20 13.400 Historic Districts..............................13-21 13.411 Purpose.....................................13-21 13.412 Definitions.................................13-21 13.420 District Types and Map...........................13-23 13.421 Historic Types..............................13-23 13.422 Historic Map................................13-23 13.423 Landmarks...................................13-23 13.430 Procedures for Historic Review...................13-25 13.431 Initiation..................................13-25 13.432 Preapplication Conference Required..........13-25 13.433 Complete Submittal..........................13-25 13.434 Designation and Review Procedures...........13-25 13.435 Amendment and Recision Procedures...........13-26 13.436 Appeals.....................................13-26 13.440 Designation of Historic Districts................13-26 13.441 Designation Criteria........................13-26 13.442 Historical Buildings and Sites Commission and City Council Action.........................13-26 13.450 Development Review...............................13-27 13.451 Review Required.............................13-27 13.452 Criteria for Approval.......................13-27 13.453 Historical Buildings and Sites Commission Action......................................13-27 13.454 Public Safety Caveat........................13-27 13.460 Demolition Review................................13-28 13.461 Review Required.............................13-28 13.462 Criteria for Approval.......................13-28 13.463 Historical Buildings and Sites Commission Action......................................13-29 13.464 Public Safety Caveat........................13-31 Article 13: Special Purpose Districts 113.010 Purpose The special purpose districts are intended to accommodate development within areas with specific natural, historical, or locational features. The standards herein are intended to mitigate natural hazards, to protect natural or historical features, and/or to mitigate land use conflicts. The special district standards apply in addition to the standards of the underlying zoning district. 213.020 General Provisions The Special Purpose Districts shall encompass land areas that: (1) have slopes exceeding 15%. (2) are located within the boundaries of the 100 year flood plain. (3) are located in proximity to hospitals and that are appropriate for medical uses. (4) are recognized as historically significant. 313.025 Special Purpose District Overlay Map. There shall be an overlay map to the Zoning Map that depicts boundaries of the special districts shown herein. These maps are incorporated into this Section by reference. The special purpose district maps may be amended as provided in Article 4 of this Code. The maps are general in nature. The applicant for a development shall verify the grades on lands or portions of lands that are the subject of any specific application. 13.100 Slope Hazard District 413.110 Purpose. The purpose of the Slope Hazard District is to designate and provide standards to protect sloped areas that help define the character of the Community. This character includes hillsides and trees. The area within the District may be hazardous for development due to slope instability, erosion potential and public safety concerns of steep slopes. Article 13.100 provides performance standards for development on steep slopes. The standards allow development to proceed while maintaining the long term attractiveness and safety of the community. 13.111 Definition. A slope hazard area contains slopes of at least 15% and is depicted on the Special Purpose District Map. Slope hazards shall be divided in two classes of slope steepness as follows: (1) Class A, 15% to 25%. (2) Class B, greater than 25% 13.120 Procedures for Development of Partitions, Subdivisions and Planned Unit Developments 13.121 Procedure The criteria for development within the Steep Slope Hazard District shall be met in order to receive approval for development. The application submitted for approval shall include the information listed in Section 13.122 and address the criteria listed in section 13.123. 13.122 Complete Submittal. The applicant shall meet the submittal requirements of the request (see Section 17.311 for Partition submittal; see Section 17.411 for Subdivision submittal; see Section 18.050 for Planned Unit Development Preliminary Plan submittal). 13.123 Criteria for Approval In addition to the criteria listed in Section 17.312, Section 17.413, or Section 18.043, the Review Body shall base its decision on the following criteria: (1) The natural slope shall be maintained in as natural a state as possible. (2) Developments on Class B slopes are required to show other development alternatives which the developer considered, and to show the proposal represents the least possible impact to public safety, slope stability and erosion. (3) The natural drainage system and other natural land forms shall be left undisturbed where ever practical. (4) The removal of significant sized trees shall not exceed the standard of Section 13.142(3). (5) The Steep Slope Development Reports and Grading and Erosion Control Plans shall meet the criteria stated in section 13.140. 13.130 Submittal Requirements for Plans and Reports The following reports and plans shall be submitted and approved prior to the issuance of a Development Permit. Reports for Class A Slopes shall be submitted and signed by an engineer licensed to practice by the State of Oregon. Reports for Class B slopes shall be submitted and signed by a licensed Geo-Technical Engineer. 13.131 Steep Slope Development Report, a written and illustrated report containing all of the following information: (1) Soils Analysis. The analysis shall include data regarding the nature, distribution and properties of existing soils, conclusions and recommendations for grading and erosion control procedures, design criteria for corrective measures, and opinions and recommendations covering the capacity of the sites to be developed in a manner imposing the minimum variance from the natural condition. Data and recommendations from the Soil Survey of Josephine County, Oregon may be included in the analysis. (2) Geology Analysis. The analysis shall include a description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations on how to best develop the sites being reviewed. Data and recommendations from the Soil Survey of Josephine County, Oregon may be included in the analysis. (3) Hydrology Analysis. The analysis shall include a description of the hydrology of the site and surrounding area, including movement of soil moisture, groundwater (subsurface), surface flow and the drainage network of the site before and after construction and recommendations and opinions on how to properly handle existing and new surface/underground water if the development proceeds. 13.132 Grading Plan. A plan which shall include all of the following: (1) existing and proposed contours of property. (2) details of site and area drainage for proposed lots including elevations of proposed house pads, adjacent lots and streets. (3) direction of surface drainage flow and the approximate grade of drainageways. (4) limiting dimensions, elevations, or finish contours to be achieved by the grading, including per cent grades for all cut and fill slopes, proposed drainageways and related construction. (5) detailed plans and locations of all surface and sub- surface drainage devices, walls, dams, sediment basins, detention reservoirs and protective devices to be constructed with, or as a part of, the proposed work together with a map showing the drainage area, the drainage network, including outfall lines and drainageways which may be affected by the proposed development and the estimated runoff of the area served by the drains for a 25 year frequency storm. (6) construction schedule which includes: (a) total area and location of soil surface which is to be disturbed during each stage (b) size and type of machinery and vehicles to be used at the site as identified and reviewed by an engineer licensed to practice by the State of Oregon on Class A slopes and by a Geo-Technical Engineer for Class B slopes for the effects of overburden, compaction and soil disturbance, dust control and erosion control and the location of all temporary gravel or crushed rock access points. (c) construction schedule for all steps and phases of construction of public facilities, slope excavation and fill, lot grading, erosion control measures, and revegetation of the site. (7) name and address of the engineer licensed to practice by the State of Oregon on Class A slopes and by a Geo- Technical Engineer for Class B slopes referred to as the Responsible Engineer and who shall be responsible to oversee implementation of those elements of construction recommendations by the soils, geology and hydrology analyses, Grading Plan and Erosion Control Plan. (Note: if the Responsible Engineer either leaves or is terminated, the City shall be notified and the preliminary recommendations from the Engineer shall be provided to the City). (8) identification of the significant size trees which are to remain during and after construction and of fencing to protect the significant size trees. (9) identification of significant size trees to be removed during the construction of the subdivision for roads, utilities or any other reason. 13.133 Erosion Control Plan. The Erosion Control Plan describes where natural vegetation will be removed and how it shall be replaced. This plan shall use the recommendations of the soils/geology/hydrology analyses to determine the measures to be taken to stabilize slopes, minimize soil erosion, and revegetate areas where natural vegetation will be removed during construction and shall describe the maintenance measures after construction. A revegetation plan shall be part of the Erosion Control Plan. The Plan shall consider each of the following options: (1) use of filter fabrics and swales; (2) retaining water with retention and detention areas. (3) establishing and maintaining interim water detention and siltation ponds during the construction period. (4) leaving natural vegetation in place during and after construction. 13.140 Criteria for Approval of Plans and Reports To protect hillsides, significant size trees and the safety of the community and to prevent or mitigate possible hazards to life, property or the natural environment, the following standards shall apply to the Steep Slope Development Reports and Grading and Erosion Control Plans. 13.141 Steep Slope Development Reports. The Steep Slope Development Reports shall be approved by the City Engineer. 13.142 Grading Plan. The Grading Plan shall minimize excavation and disturbance and shall demonstrate all of the following: (1) All excavation and grading of the site for buildings and driveways, is done in accordance with Appendix Chapter 33 of the 1994 Uniform Building Code, or the appropriate chapter of any subsequently adopted replacement code, and minimizes disturbance of the natural condition of the site. Where there is a discrepancy among standards, the more restrictive shall always apply. (2) All the finished cut and fill slopes are designed and contoured to replicate conditions prior to grading. The areas of excavation, fill and scarification shall be shown on the Grading Plan and limited to the area of the roadways. No cuts may include retaining walls greater than 15 feet in height from the finish grade or create any slopes which are greater than 50%. No filling may result in a retaining wall within the required setback greater than 6 feet in height from the finish grade or create any slopes which are greater than 50%. (3) a) All significant sized trees shall be retained and protected during construction. b) In lieu of 100% retention of significant sized trees, at the time of application the applicant may opt at the applicant's sole discretion, for the following procedure: Sixty percent of the significant size trees are retained, and are protected during construction. The protection shall include the use of fencing to protect the trees out to the drip lines with no removal or addition of soil within the drip line areas. If the actual or proposed percentage of significant size trees to be retained and protected is less than 60 percent, a Revegetation Fee shall be paid to the City at the time of tentative plat approval. The Revegetation Fee shall be $350 per significant size tree to a maximum aggregate of $2,000 per lot. The City shall place the Revegetation Fee into a special fund to be used for the purchase and improvement of public open spaces. In expending monies from the Revegetation Fund, among other factors, the City shall consider the needs and availability of open spaces in or near the applicant's project. (4) All construction work is planned to minimize the amount of time the soil is exposed and unprotected. All access points shall be protected with gravel or crushed rock. (5) All construction work disturbing the soil or affecting the natural drainage and runoff shall be scheduled to begin not earlier than April 15 and shall terminate not later than October 15. The Director may extend starting and completion dates by no more than 30 days based on the weather conditions prevailing at the time of the extension. 13.143 Erosion Control Plan. The Erosion Control Plan shall minimize erosion with preventive measures maintained throughout the development of the site. It shall meet all of the following standards: (1) Revegetation and the use of other temporary erosion control measures shall protect the site, surrounding properties, streams and storm drain system from erosion through the winter months. Revegetation and all other temporary erosion control measures shall be fully in place and established by October 15 (See 13.124) and shall be maintained after storms and at other regular intervals according to the approved plan. The City Engineer may mandate, based on adverse weather conditions, any reseeding installed after September 15 be installed in the form of a mat. (2) Native plants shall be used when possible. (3) Revegetation of plants, trees, shrubs and grasses shall be installed in accordance with the approved Erosion Control Plan. (4) Security for the implementation of the Erosion Control plan shall be provided prior to the issuance of any grading permit. 13.150 Criteria for Approval of the Final Plat. In addition to the criteria in 17.312 for a Partition, 17.422 for a Subdivision or 18.063 for a Planned Unit Development, the submittal for the Final Plan shall include: (1) A letter submitted by the Responsible Engineer stating the Engineer supervised the grading and construction for the entire parcel and individual lots and the grading and construction was completed according to approved Plans. (2) As part of the applicable landscaping standards, a "Landscaping Deposit" of $500 shall be paid at the time of the Final Plat for a subdivision or Final Plan for a Planned Unit Development, for each of the lots created which include any portion of steep slope. This money shall be available to the property owner for future installation of trees. A minimum of 3 trees which total not less than $500 (including installation) per lot shall be installed by the property owner during the fall or spring following the Final Inspection of the home. Said trees shall be a minimum of one and one half inch caliper. Trees planted within 15 feet of a roadway shall be selected from the City's approved list of street trees. The property owner shall be reimbursed for the purchase and installation of said trees up to the amount of $500 by providing the City with receipts for said expenditures. If the property owner plants the 3 trees within one year of the Final Inspection of the home and the reimbursement is less than $500, the remaining monies are also subject to reimbursement for tree planting by the owner for up to 18 months after the Final Inspection. Any monies remaining after that time shall be placed in a City fund for the purchase of trees to be planted throughout the community at the discretion of the City. If the property owner fails to install the required trees within 12 months of a Final Inspection, the City is authorized to install the trees on the property. In such case, the City shall use the "Landscaping Deposit" for its actual expense and any remaining monies shall be placed in a City fund for the purchase of trees to be planted throughout the community at the discretion of the City. 13.160 Procedures for Approval of Grading or Construction on an Existing Lot (1) With an Approved Steep Slope Development Report. If an approved Steep Slope Development Report, Grading Plan and Erosion Control Plan are on file for the existing lot, development of the lot may only proceed in accordance with those documents. If the Building Official determines the Grading Plan is modified substantially at the time of home construction, a Type 1 procedure is required to change the grading plans. (2) Without an Approved Steep Slope Development Report, except as noted in subsection 13.160(2). If the Steep Slope Development Report, Grading Plan and Erosion Control Plan have not been approved, the applicant shall file a Grading Plan and Erosion Control Plan prepared by an engineer licensed to practice by the State of Oregon for Class A Slopes and a Geo-technical Engineer for Class B slopes as described in 13.132 and 13.133 and meet the criteria listed in 13.142 and 13.143. After an examination of the site and the proposed development of the lot, the City Building Official may waive the requirement for a Grading Plan and Erosion Control Plan for lots which contain slopes of less than 25% after making a written finding that the filing of said plans would not materially assist in the protection of the hillside, the community's safety, or the community's drainage system. (3) Front Yard Setback. The front yard setback for the new home can be reduced to 10 feet. The entrance for the garage/carport shall remain at the required setback. The setback in the back yard shall be increased by at least any reduction in the setback for the front yard. (4) a) All significant sized trees shall be retained and protected during construction. b) In lieu of 100% retention of significant sized trees, at the time of application the applicant may opt at the applicant's sole discretion, for the following procedure: A minimum of 80% of the previously indicated retained significant size trees shall continue to be retained and protected during the construction of the home including construction of driveways, sidewalks and garages. If the actual or proposed percentage of significant size trees retained and protected is less than 80 percent, a Revegetation Fee shall be paid to the City at the time of tentative plat approval. The Revegetation Fee shall be $350 per significant size tree to a maximum aggregate of $2,000 per lot. The City shall place the Revegetation Fee into a special fund to be used for the purchase and improvement of public open spaces. In expending monies from the Revegetation Fund, among other factors, the City shall consider the needs and availability of open spaces in or near the applicant's project. 13.170 Appeals Appeals to the interpretations of this Article shall be undertaken as provided in Section 10.030 of this Code. 13.200 Flood Hazard District The provisions of this article shall apply to all lands within the Flood Hazard District designated by the Federal Emergency Management Agency as having a one percent or greater chance of flooding in any given year. Also referred to as the 100 year flood plain. Designation on maps always includes the letters A or V. 13.210 Purpose. The purpose of the Flood Hazard District is to designate areas that may be hazardous to development due to flooding. The District provides standards that specify how development will minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money and costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) 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) Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) Ensure that potential buyers are notified that property is in an area of special flood hazard; and (8) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 13.211 Designation of Flood Hazard Areas. The areas of special flood hazard are identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for the County of Josephine, State of Oregon" and "The Flood Insurance Study for the City of Grants Pass", with the accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps, and any revision. These reports and maps are adopted by reference and declared to be a part of this Code. The flood hazard areas shall also be depicted on the Special Purpose District Overlay Map of this Ordinance. The Flood Insurance Study and Flood Maps are on file at the Department of Community Development, and are available for public review. 13.212 Warning and Disclaimer of Liability. The degree of flood protection required by this article 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 article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the City of Grants Pass, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. 13.220 Duties of Director. The duties of the Director shall include, but shall not be limited to, the following: (1) Permit Review. (a) Review all development permits to determine that the permit requirements of this article 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 13.235 are met. (2) Use of Other Base Flood Data. When base flood elevation data has not been provided as required by this article, the applicant shall obtain and the Director shall review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer this article. (3) Information to be Obtained and Maintained by the Director. Where base flood elevation data is provided through the flood insurance study or required as in Section B of this Section. (a) Obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not the structure contained a basement. (b) For all new or substantially improved floodproofed structures: 1. Verify and record the actual elevation (in relation to mean sea level), and 2. Maintain the floodproofing certifications required in Section 13.240, and 3. Maintain for public inspection all records pertaining to the provisions of this ordinance. (4) Alteration of Watercourses. (a) Notify adjacent communities and the Oregon Water Resources Department prior to any alteration or relocation of a watercourse, 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. 13.225 Location of FIRM Boundaries and Elevations. (1) Make all information relating to the 100 year flood plain and floodway location and elevations available to the applicant, including the City and County Flood Insurance Studies with flood sections, the Floodway Map and FIRM rate map showing flood elevations and elevation data reference points, and other development flood plain surveys in the immediate vicinity. (2) Certify that the location of the floodway and 100 year flood plain, and existing and proposed elevations, have been made for the applicant by a professional land surveyor registered in Oregon, and that the signature and seal are affixed certifying the accuracy of such determination. (3) Certify that the finished flood elevations, and other finished elevations of the proposal affecting the floodway or 100 year flood plain have been constructed or developed to the approved elevations, as certified by a registered professional surveyor over his signature and seal. (4) Provide the applicant's lender and insurance agent with the information in items (1) through (3) above. (5) Assist the applicant in pursuing a change in flood plain or floodway designation from the Federal Emergency Management Agency. 13.230 Flood Hazard Development Standards 13.231 Construction Materials and Methods. (1) 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). (3) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (4) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (5) Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 513.232 Residential Construction Floor Elevation. (a) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot above the base flood elevation. (b) 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: 1. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed areas subject to flooding shall provided. 2. The bottom of all openings shall be no higher than one foot above grade. 3. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 613.233 Non-Residential Construction Floor Elevation and Floodproofing. (1) New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to one foot above the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (a) Be floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to a level of one foot above the base flood level; (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 design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this section based on their development and/or review of the structural design, specifications and plans. Such certifications shall also provide that the provisions of 13.231 are satisfied. (2) Non-residential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in Section 13.232(b). (3) Applicants floodproofing non-residential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g. a building constructed to the base flood level will be rated as one foot below that level). 13.234 Manufactured Homes. All manufactured homes to be placed or substantially improved within Zones Al-30, AH and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection 13.231(2). 13.235 Floodways Development. Located within areas of special flood hazard are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply: (1) Designated Floodways. Encroachment, fill, new construction, substantial improvements or other development shall not occur within a floodway designated by any map of "The Flood Insurance Study for the County of Josephine, State of Oregon" referenced in this Code, unless a technical evaluation is carried out to the same standards as the Flood Insurance Studies cited in Section 13.211, and performed and certified by a registered professional engineer, and demonstrates that encroachments, including surrounding properties, shall not result in any increase in flood levels during the occurrence of a base flood discharge. (2) If subsection (1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this code. (3) Floodways Not Designated. Development shall not occur on any flood plain lands, where a floodway has not been designated for that reach of a stream or river in "The Flood Insurance Study for the County of Josephine, State of Oregon" referenced in Section 13.120 of this Code unless: (a) The Director has evidence which in his judgment would indicate the proposed development site is located in an area of shallow flooding and the proposed construction will not divert the flood or cause a rise in the level of the discharge above the base flood elevation; or (b) A technical study is completed which establishes the probable location of the floodway as defined in this Code. (c) If a technical study is completed under the requirements of this section, demonstrating that the encroachment will not increase the flood levels, any permitted construction or substantial improvements shall comply with all other applicable standards of this Code. 13.236 Utilities and Services. (1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system; (2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the system into floodwaters; (3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; (4) All development proposals shall be consistent with the need to minimize flood damage; (5) All development proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (6) All development proposals shall have adequate drainage provided to reduce exposure to flood damage; and (7) Base flood evaluation data shall be provided for development proposals which have the potential for 5 dwelling units or more, or contain 1 acre or more. 13.237 Subdivision and Partition of Land, PUDs. No proposed subdivision or partition of land or planned unit development plan located in the 100 year flood plain shall be approved without meeting the requirements of this article. All the mapping and certification requirements of this article shall be met at the Tentative Map, Plat or Plan stage of review (See also Article 17, Lots and Creation of Lots, and Article 18, Planned Unit Development.). 13.240 Submittal Requirements 13.241 Development Permit Required. A Development Permit shall be obtained before construction or development begins within the flood hazard district, including construction, manufactured housing placement, landfill and all other development activities. Submittal requirements shall be as follows: (1) Plan drawn to scale showing the nature, location, dimensions and elevations in relation to mean sea level of the area in question; (2) Existing and proposed structures or manufactured housing pads; (3) Existing and proposed roadways; (4) Area location and finish elevations of all fill walls and rip-rap; (5) Location and elevation of stored materials; (6) Location and elevation of drainage facilities; (7) Location and elevation of utilities; (8) Other plan requirements of this Code as applicable; (9) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and (10) Elevation in relation to mean sea level to which any structure has been floodproofed. 13.243 Elevation Certification. All required elevations shall be tied into known bench marks shown on the Flood Insurance Rate Map by a registered professional surveyor. Said surveyor shall attest to the procedure, bench marks used and accuracy of the required elevation over his signature and seal upon the required plan displaying the elevation information. 13.244 Design Certification. Certification is required by a registered professional engineer or architect that the floodproofed methods for any commercial or industrial structure are adequate to withstand the flood depths, pressures, velocities, impacts and uplift forces and other factors associated with the base flood. 13.245 Review Where Elevation Data Not Available. Where elevation data is not available, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding and other applicable evidence. 13.250 Appeals. Appeals to the interpretations of this article shall be undertaken as provided in Article 10.030 of this Code. 713.300 Medical Overlay District 13.310 Purpose. The medical overlay district is intended to provide land for needed medical facilities within the Grants Pass community. It allows siting of medical uses surrounding a core hospital. It is designed to provide the type of environment suitable for development of medical services and related activities, while reducing the conflicts between uses through appropriate designs. 13.311 Effect. The medical overlay district overlays other zoning districts shown on the zoning district map. The overlay district has the effect of permitting those medical uses listed in Section 13.320 below within the district, notwithstanding that those uses may or may not be permitted within the underlying zone. All other uses permitted within the underlying zone are equally permitted within the overlay district. All standards of the underlying zone, such as setbacks, heights, landscaping, and signage, apply to any use within the district. 13.312 Location. The medical overlay district is designated on an overlay map to the Zoning District Map. The medical overlay map is hereby incorporated into this Article by reference. An overlay district may be created or amended as provided in Section 4.050 of this Code. 13.320 Permitted Uses. The following uses are permitted, along with their accessory uses, within the medical overlay district, notwithstanding that they may or may not be permitted in the underlying zone. For purposes of this Article, they are known as "medical uses". (1) Hospitals (2) Clinics (3) Medical Offices (4) Medical Laboratories (5) Ambulance or Paramedic Services (6) Medical Helipads (6) Parking lots to serve one or more of the above. (8) Pharmacies or retail sale or rental of durable medical goods, but only if the property is not adjacent to an underlying residential zone. 13.330 Siting a Medical Use within a Medical Overlay District 13.331 Review Procedure Schedule. Applications for siting a medical use within an existing medical overlay district shall be processed according to Schedule 13-1 as follows: Procedures for Medical Overlay Review Schedule 13-1 Medical use adjacent to an underlying residential zone: Type II Medical Helipads Type II All other medical uses Type I 13.332 Criteria for Approval. The review body may approve, approve with conditions, or deny an application for siting a medical use within an existing medical overlay district based on the following criteria: (1) The development meets the criteria of Section 19.042 or Section 19.052 of this Code, as applicable. (2) Where the property abuts an underlying residential zone that is not within the overlay district, a type D-1 or D- 3 buffer shall be provided in accordance with Section 23.034, Schedule 23-4. The review body may modify this requirement where an existing structure would not meet the required setbacks. 13.400 Historic Districts 13.411 Purpose. The purpose of this section is to: (1) Effect and accomplish the protection, enhancement and perpetuation of such improvements and of districts which represent or reflect elements of the City's and County's cultural, social, economic, political and architectural history; (2) Safeguard the City's and County's historic, aesthetic and cultural heritage as embodied and reflected in such improvements and districts; (3) Complement any National Register Historic Districts designated in the City; (4) Stabilize and improve property values in such districts; 8(5) Foster civic pride in the beauty of historic buildings, structures, sites, signage and noble accomplishments of the past; (6) Protect and enhance the City's attractions to tourists and visitors and the support and stimulus to business and industry thereby provided; 13.412 Definitions. For the purposes of this section only, the following terms are defined as indicated: 9(1) Alteration (Exterior): The addition to, removal of or from, or physical modification or repair of, any exterior part or portion of a Landmark or structures in an Historic or Conservation District. Signs shall be considered a form of alteration and shall be treated as such. 10(2) Architectural Significance: The structure, site, signage or district: (a) portrays the environment of a group of people in an era of history characterized by a distinctive architectural style; (b) embodies those distinguishing characteristics of an architectural-type specimen; (c) is the work of an architect or master builder whose individual work has influenced the development of the City; or (d) contains elements of architectural design, detail, materials or craftsmanship which represent a significant innovation. (3) Conservation District: A definable area containing historic sites, buildings or structures or groups of historic buildings, sites or structures separated geographically but linked by the history of the community's development, by natural features such as topography, parks or public open spaces, or by other significant physical features or historic events. 11(4) Demolish: To raze, destroy, dismantle, deface or in any other manner cause partial or total ruin of a designated Landmark, structure, site or signage in an Historic or Conservation District. (5) Exterior: Any portion of the outside of a Landmark or building or structure in an Historic or Conservation District, or any addition thereto. 12(6) Historical Buildings and Sites Commission: The review authority for items requiring approval under Section 13.440, Historic Districts, of this Code. The Commission shall consist of six individuals who have been appointed by the Mayor and City Council and shall consist of the members specified in Section 7.061 of this Code. (7) Historic District: A relatively compact, definable geographic area possessing an obvious concentration, linkage or continuity of sites, buildings or structures united by past events, architectural styles, construction features or other physical features illustrative of the community's historic development. 13(8) Historical Significance: The structure, district, site or signage: (a) has character, interest or value, as part of the development, heritage or cultural characteristics of the City, County, State or Nation; (b) is the site of an historic event with an effect upon society; (c) is identified with a person or group of persons who had some influence on society; or (d) exemplifies the cultural, political, economic, social or historic heritage of the community. (9) Landmark: Any improvement, any part of which is 40 years old or older which has a special character or special historic interest or aesthetic interest, or value which is part of the heritage of the City or County that has been officially designated and set aside for conservation or preservation. 13.420 District Types and Map 13.421 Historic Types. (1) The Historic Map shall allow for the designation of: (a) areas with a high concentration of historic structures, designated "Historic Districts", (b) areas with a lower concentration, designated "Conservation Districts", and 14(c) structures, sites or signage of historic or architectural significance not located in an Historic or Conservation District, designated as "Landmarks". (2) Historic Review shall apply to the following: (a) Historic Districts, designated in accordance with this section; and (b) Conservation Districts, designated in accordance with this section; and 15(c) Landmarks, sites or signs, designated in accordance with this section. 13.422 Historic Map. There shall be an overlay map to the Zoning Map that depicts Historic Districts, Conservation Districts and Landmarks. 13.423 Landmarks. The following buildings are hereby designated Landmarks, and are to be placed as such on the Historic Map: (1) All buildings designated as "exceptional" in the Historic Inventory taken by the Mayor's Advisory Committee on Historic Preservation, dated October 1, 1981, as follows: 122 NE "A" Street 139 SW "I" Street 303 NE "A" Street 417 SW "I" Street 1508 NE "A" Street 220 NW "A" Street 1501 NW Lawnridge Avenue 310 NW "A" Street 1223 NW Lawnridge Avenue 612 NW "A" Street 1304 NW Lawnridge Avenue 412 NW "B" Street 821 SE "M" Street 421 NW "B" Street 203 SW Oak Street 614 NW "B" Street 619 NW "B" Street 421 SE Riverside Avenue 1800 NE Beacon Drive 331 SW Burgess Street 2030 NW Vine Street 219 NW "E" Street 1002 NW Washington Blvd 201 NW Evelyn Street 730 NW 2nd Street 314 NE Fetzner Street 989 Fruitdale Drive 214 NW 3rd Street 1650 Fruitdale Drive 604 NW 4th Street 125 SE "G" Street 716 NW 4th Street 111 SW "G" Street 724 NW 4th Street 115 SW "G" Street 750 NW 4th Street 117 SW "G" Street 751 NW 4th Street 125 SW "G" Street 757 NW 4th Street 129 SW "G" Street 758 NW 4th Street 131 SW "G" Street 804 SW 4th Street 137 SW "G" Street 139 SW "G" Street 612 NW 5th Street 141 SW "G" Street 830 NW 5th Street 145 SW "G" Street 508 SW 5th Street 147 SW "G" Street 207 SW "G" Street 605 NE 6th Street 211 SW "G" Street 140 NW 6th Street 229 SW "G" Street 208 NW 6th Street 233 SW "G" Street 306 NW 6th Street 241 SW "G" Street 512 NW 6th Street 307 SW "G" Street 762 NW 6th Street 509 SW "G" Street 720 NW 6th Street 532 SW "G" Street 746 NW 6th Street 591 SW "G" Street 1215 SW "G" Street 701 NE 8th Street 717 NE 8th Stret 140 SW "H" Street 860 NE 8th Street 1021 NW Hawthorne Avenue 1109 NE 9th Street 761 NE 12th Street 13.430 Procedures for Historic Review 13.431 Initiation. An Historic Designation, Amendment, Recision, or Historic Review procedure may be initiated by the following: (1) A recognized neighborhood group, area association, or any interested person. 16(2) Historical Buildings and Sites Commission. (3) Urban Area Planning Commission. (4) City Council. 2513.432 Pre-application Conference Required. A pre-application conference is required when the designation or review application is initiated by a property owner, neighborhood group, area association, or any interested person. Prior to submitting an application for review, the applicant shall request a pre-application conference with the Director as provided in Section 3.041 of this Code. 13.433 Complete Submittal. Prior to review of the request, a complete application shall be prepared and submitted to the Director in accordance with the minimum submittal requirements contained in Section 3.050 of this Code. 1713.434 Designation and Review Procedures. (1) Historic Designation applications shall be processed according to Section 4.047 of this Code and the procedures in Schedule 2-1. (2) Historic Review applications shall be processed according to Schedule 13-2 as follows: Schedule 13-2: Procedure for Historic Review Alteration (Exterior) III New Construction in District III Demolition in District III Demolition of Landmarks III (3) In the conduct of land use procedures for the Historical Buildings and Sites Commission, the designation "Historical Buildings and Sites Commission" shall be substituted for the designation "Planning Commission" in Section 2, Procedural Types, and Section 10, Appeals. (4) Historical Buildings and Sites Commission meeting procedure is deemed quasi-judicial, and shall be governed by the Quasi-judicial Hearing Rules, pursuant to Section 8 of this Code. 13.435 Amendment and Recision Procedures. A District or Landmark designation may be amended or rescinded utilizing the same procedure required for District or Landmark designation, as provided in Section 4.047 and Schedule 2-1. 13.436 Appeals. The final action of the Historical Buildings and Sites Commission may be appealed as provided in Section 10.050 for Type III decisions. 1813.440 Designation of Historic Districts 13.441 Designation Criteria. An Historic District, a Conservation District, and a Landmark may be recommended for designation by the Historical Buildings and Sites Commission and designated by the City Council, providing all the following criteria are addressed during consideration by the review body. (1) The designation of a District or Landmark serves the purpose of this section. (2) The boundaries of a District are adequate and suitable for designation. (3) Consideration of the positive and negative effects of the designation upon residents, businesses or property owners of the area. 13.442 Historical Buildings and Sites Commission and City Council Action. (1) Commission Action. The Historical Buildings and Sites Commission shall take action as provided for the Planning Commission, for Type III review pursuant to Section 2.050, except that the oral decision and the final decision steps shall be combined, (see Section 9 and 2.055(3)) and the final decision shall be accompanied by findings, notice and all other requirements of a final decision. (2) Council Action. The Council shall take action as provided for Type IV review pursuant to Section 2.060. In addition, Council may remand the matter to the Historical Buildings and Sites Commission for additional consideration of specific matters. 1913.450 Development Review 13.451 Review Required. Except as provided in Section 13.454, no person may alter any structure, site or signage in an Historic District, a designated structure in a Conservation District, or any Landmark in such a manner as to affect its exterior appearance, nor may any new structure be constructed in an Historic District or Conservation District, unless it has previously been reviewed by the Historical Buildings and Sites Commission. 13.452 Criteria for Approval. The Historical Buildings and Sites Commission, in reviewing the appropriateness of the alteration or new construction, shall consider the following: (1) The purpose of the Historic Districts, Section 13.411. (2) The general compatibility of the signage, exterior design, arrangement, proportion, detail, scale, color, texture and materials proposed to be used in the construction of the new building or structure; (3) The effect of the proposed new structure on the character of the district; and (4) The economic effect of the new structure on the historic value of the district. 13.453 Historical Buildings and Sites Commission Action. The Historical Buildings and Sites Commission shall, upon review, shall take the role of the Urban Area Planning Commission in the Type III Procedure, pursuant to Section 2.050. The Commission shall be empowered to set the conditions of approval based on compliance with the criteria, Section 13.452, and with the purpose of this section, Section 13.411. 13.454 Public Safety Caveat. Nothing in this ordinance shall be construed to prevent the ordinary maintenance or repair of any exterior architectural features which does not involve a change in design, material or the outward appearance of such feature. The Building Official shall certify such repair is required for the public safety because of its unsafe or dangerous condition and that time is of the essence in such repair. (1) Sandblasting shall be excluded as a method for cleaning the exterior of buildings unless specifically approved by the Buildings and Sites Commission. 13.460 Demolition Review 2013.461 Review Required. (1) If an application is made for a building permit to demolish all or part of a structure which is a Landmark or which is located in a Conservation District or an Historic District, the Director shall transmit to the Historical Buildings and Sites Commission a copy of said transaction within seven (7) days of application acceptance. (2) The Historical Buildings and Sites Commission shall hold a public hearing pursuant to the Type III procedures in Section 2.050 within thirty-five(35)days of acceptance of a complete application by the Director. 21 13.462 Criteria for Approval. In determining the appropriateness of the demolition as proposed in an application for a building permit, the Commission shall consider the following: (1) All plans, drawings, and photographs as may be submitted by the applicant; (2) Information presented at a public hearing held concerning the proposed work; (3) Applicable Policies of the Comprehensive Plan; (4) The purpose of this section (see Section 13.411); (5) The criteria used in the original designation of the Landmark or District in which the property under consideration is situated; 22(6) The historical and architectural style, the general design, arrangement, materials of the structure in question or its appurtenant fixtures and signage; the relationship of such features to similar features of the other buildings within the district and the position of the building or structure in relation to public rights of way and to other building and structures in the area; and (7) The effects of the proposed work upon the protection, enhancement, perpetuation and use of the district which cause it to possess a special character or special historical or aesthetic interest or value. 2313.463 Historical Buildings and Sites Commission Action. (1) Approval of Demolition. The Historical Buildings and Sites Commission may recommend approval of the demolition request to the Director after considering the criteria contained in Section 13.462. (2) Delay of Demolition. The Commission may delay the issuance of a demolition permit in the interest of preserving historical value, if it determines that the structure should not be demolished. (3) Delay of Landmark or Conservation District Demolition. For a Landmark, which includes structures, sites and signage, or Conservation District demolition request, issuance of the demolition permit may be delayed by the Historical Buildings and Sites Commission as follows: (a) The Historical Buildings and Sites Commission may invoke a stay of demolition for a period not exceeding thirty (30) days from the date of public hearing for demolition permit. (b) The Historical Buildings and Sites Commission may invoke an extension of the suspension period if it determines that there is a program or project underway which could result in public or private acquisition of such structure or site, and that there is reasonable ground to believe that such program or project may be successful. In such cases the Commission, at its discretion, may extend the suspension period in thirty (30) day increments for an additional period not exceeding ninety (90) days, up to a total suspension period of not more than one hundred twenty (120) days from the date of public hearing for demolition permit. (c) During such period of suspension of permit application, no permit shall be issued for such demolition nor shall any person demolish the building or structure. (d) If all such programs or projects are demonstrated to the Historical Buildings and Sites Commission to be unsuccessful and the applicant has not withdrawn his application for demolition permit, the Director shall issue such permit, if the application otherwise complies with this Code. (e) Action by the Historical Buildings and Sites Commission suspending issuance of permit for demolition may be appealed to the City Council by the applicant for permit, in the same manner as provided in Section 10.040 for filing an appeal to the final action by the Planning Commission. (4) Delay of Historic District Demolition. For an Historic District demolition request, issuance of the demolition permit may be suspended by the Historical Buildings and Sites Commission, as follows: (a) The Historical Buildings and Sites Commission may invoke a stay of demolition for a period not exceeding one hundred twenty (120) days from the date of public hearing for demolition permit. (b) The Historical Buildings and Site Commission may invoke an extension of the suspension period if it determines that there is a program or project underway which could result in public or private acquisition of the structure or site, or the preservation or restoration of such structure or site, and that there is reasonable ground to believe that such program or project may be successful. In such cases, the Commission, at its discretion, may extend the suspension period for an additional period not exceeding ninety (90) days, to a total of not more than two hundred ten (210) days from the date of application for demolition permit. (c) During such period of suspension of permit application, no permit shall be issued for such demolition nor shall any person demolish the building or structure. (d) If all such programs or projects are demonstrated to the Commission to be unsuccessful and the applicant has not withdrawn his application for demolition permit, the Director shall issue such permit, if the application otherwise complies with this Code. 1 Revised 12-4-96 2 Revised 3-16-94, 12-4-96 3 Revised 12-4-96, 5-31-97 4 Revised 5-31-97 5 Revised 2-22-94 6 Revised 2-22-94 7 Revised 12-4-96 8 Revised 2-5-92 9 Revised 2-5-92 10 Revised 2-5-92 11 Revised 2-5-92 12 Revised 5-31-01 (Ordinance 5062), 2-5-92 13 Revised 2-5-92 14 Revised 12-4-96, 2-5-92 15 Revised 2-5-92 16 Revised 2-5-92 17 Revised 2-5-92 18 Revised 2-5-92 19 Revised 2-5-92 20 Revised 2-5-92 21 Revised 2-5-92 22 Revised 2-5-92 23 Revised 2-5-92 24 Revised 2-5-92 25 Revised 4-20-05 Ordinance 5285 (e) Action by the Historical Buildings and Sites Commission suspending issuance of the permit for demolition may be appealed to the City Council by the applicant for permit, in the same manner as provided in Section 10.040 for filing an appeal to the final action by the Planning Commission. 2413.464 Public Safety Caveat. In any case where the City Council has ordered the removal or demolition of any structure determined to be dangerous to life, health or property, nothing contained in the section shall be construed as making it unlawful for any person without prior approval of the Historical Buildings and Sites Commission, pursuant to this section, to comply with such order.