10.703 Pad Lot Development.
(1) Purpose. It is the purpose of this Section to provide a process for the creation of lots within a common area as specified below. This Section is not intended to provide relief from the strict standards elsewhere established in this Code.
(2) Development Standards. Pad lot developments shall include a parent parcel from which pad lots and common area are platted.
(a) A pad lot development shall be permitted for the following development types:
(i) Commercial and industrial development, including mixed-use buildings, pursuant to Section 10.721.
(ii) Duplex dwellings (attached by a common wall or floor) pursuant to Section 10.710.
(iii) Triplex and quadplex dwellings (attached by common walls) pursuant to Section 10.710.
(iv) Multi-family dwellings pursuant to Section 10.710.
(v) Cottage cluster development pursuant to Section 10.818A.
(b) For nonresidential uses, duplex dwellings, triplex dwellings, quadplex dwellings, multifamily dwellings and mixed use buildings only:
(i) All lot-lines created within the parent parcel shall be located along a common or exterior building wall, or within ten (10) feet of an exterior building wall. The approving authority shall allow a greater distance for special purposes due to development constraints related to environmental resources, existing structures and physical improvements.
(c) For residential dwellings only; each pad shall contain a minimum of 60 square feet of private open space, excluding the area associated with roof eaves.
(d) For Cottage Cluster Developments only: where the cottage units will be owned in fee simple, all lots created within the parent parcel shall include the building footprint, roof eaves, and any required private open space area.
(3) Common Ownership Required.
(a) A pad lot development shall be identified as such on both the tentative and final plats, and on the site plan submitted for the project. At the time of recording of the final plat, Covenants, Conditions, and Restrictions (CC&Rs) shall be approved by the City and recorded. The recorded CC&Rs shall provide:
(i) That the owners are jointly and severally responsible for the continued maintenance and repair of the common elements of the development, such as common portions of buildings, parking areas, access, landscaping, etc., and share equitably in the cost of such upkeep.
(ii) An association for the purpose of governing the operation of the common interests.
(iii) Maintenance access easements on individual lots where necessary for the purpose of property maintenance and repair.
(iv) The specific rights of, or limitations on, individual lot owners to modify any portion of a building or lot, including the provision that no common elements be modified without the consent of the association.
(b) Ownership shall include fee simple lots (i.e. pad lots) with an association of unit owners, as provided for under ORS Chapter 100.405 holding real property interest in the common areas.
(4) Land Use Review.
(a) Pad lot developments shall not be exempt from other applicable land use processes as established by the MLDC, including but not limited to:
(i) Cottage Cluster Development – Types I, II, and III
(ii) Exception – Type III
(iii) Historic Reviews – Type I, II & III
(iv) Site Plan and Architectural Review (SPAR) Type II
(v) Site Plan and Architectural Commission (SPAC) Review – Type III
(b) Tentative plat application and approval shall be in accordance with Section 10.171.
(c) Final plat approval shall be in accordance with Section 10.162
(5) Planned Unit Developments (PUD). Pad lot developments considered as a part of a PUD (see sections 10.190-10.198) shall not be subject to the standards of 10.703.