Chapter 15.415
BUILDING AND SITE DESIGN STANDARDS
Sections:
15.415.010 Main buildings and uses as accessory buildings.
15.415.020 Building height limitation.
15.415.030 Building height exemptions.
15.415.040 Public access required.
15.415.050 Rules and exceptions governing single-family attached dwellings.
15.415.060 Home occupation.
15.415.010 Main buildings and uses as accessory buildings.
A. Hereinafter, any building which is the only building on a lot is a main building.
B. In any residential district except RP, there shall be only one main use per lot or development site; provided, that home occupations shall be allowed where permitted.
C. In any residential district, there shall be no more than two accessory buildings on any lot or development site. [Ord. 2451, 12-2-96. Code 2001 § 151.535.]
15.415.020 Building height limitation.
A. Residential.
1. In the R-1, R-2, AR, and RP districts, no main building shall exceed 30 feet in height. Accessory buildings in the R-1, R-2, R-3, AR, and RP districts are limited to 16 feet in height, except as follows:
a. Up to 800 square feet of an accessory building may have a height of up to 24 feet.
b. Aircraft hangars in the AR district may be the same height as the main building.
2. In the R-3 district, no main building shall exceed 45 feet in height, except, where an R-3 district abuts upon an R-1 district, the maximum permitted building height shall be limited to 30 feet for a distance of 50 feet from the abutting boundary of the aforementioned district.
3. Single-family dwellings permitted in commercial or industrial districts shall not exceed 30 feet in height.
B. Commercial and Industrial.
1. In the C-1 district no main building or accessory building shall exceed 30 feet in height.
2. In the AI, C-2, C-3, M-1, M-2, and M-3 districts there is no building height limitation, except, where said districts abut upon a residential district, the maximum permitted building height shall not exceed the maximum building height permitted in the abutting residential district for a distance of 50 feet from the abutting boundary.
3. In the C-4 district, building height limitation is described in NMC 15.352.040(J)(1).
C. The maximum height of buildings and uses permitted conditionally shall be stated in the conditional use permits.
D. Institutional. The maximum height of any building or structure will be 75 feet except as follows:
1. Within 50 feet of an interior property line abutting a C-1, R-1, R-2 or R-P district, no main building may exceed 30 feet.
2. Within 50 feet of an interior property line abutting an R-3 district, no main building may exceed 45 feet.
3. Within 100 feet of a property line abutting a public street or railroad right-of-way, or within 100 feet of property lines abutting parcels with an R-1, R-2, R-3, R-P, C-1, C-2, C-3, M-1, M‑2, or M-3 zoning designation, no main building may exceed 50 feet in height.
4. To utilize the maximum permitted height standard, at least 80 percent of the building’s ground coverage must be beyond the setback area designated in subsection (D)(3) of this section. The maximum encroachment may not exceed 25 feet.
E. Alternative Building Height Standard. As an alternative to the building height standards above, any project may elect to use the following standard (see Figure 24 in Appendix A). To meet this standard:
1. Each point on the building must be no more than 20 feet higher than the ground level at all points on the property lines, plus one vertical foot for each horizontal foot of distance from that property line; and
2. Each point on the building must be no more than 20 feet higher than the ground level at a point directly north on a property line, plus one vertical foot for each two horizontal feet of distance between those points. This second limit does not apply if the property directly to the north is a right-of-way, parking lot, protected natural resource, or similar unbuildable property.
F. Buildings within the airport overlay subdistrict are subject to the height limits of that subdistrict. [Ord. 2730 § 1 (Exh. A (4)), 10-18-10; Ord. 2720 § 1(10), 11-2-09; Ord. 2647, 6-5-06; Ord. 2564, 4-15-02; Ord. 2550, 5-21-01; Ord. 2451, 12-2-96. Code 2001 § 151.536.]
Penalty: See NMC 15.05.120.
15.415.030 Building height exemptions.
Roof structures and architectural features for the housing of elevators, stairways, tanks, ventilating fans and similar equipment required to operate and maintain the building, fire or parapet walls, skylights, towers, flagpoles, chimneys, smokestacks, wireless masts, TV antennas, steeples and similar structures may be erected above the height limits prescribed in this code; provided, that no roof structure, feature or any other device above the prescribed height limit shall be allowed or used for the purpose of providing additional floor space. Further, no roof structure or architectural feature under this exemption shall be erected more than 18 feet above the height of the main building, whether such structure is attached to it or freestanding, nor shall any such structure or feature exceed the height limits of the airport overlay subdistrict. [Ord. 2730 § 1 (Exh. A (4)), 10-18-10; Ord. 2451, 12-2-96. Code 2001 § 151.537.]
15.415.040 Public access required.
No building or structure shall be erected or altered except on a lot fronting or abutting on a public street or having access to a public street over a private street or easement of record approved in accordance with provisions contained in this code. New private streets may not be created to provide access except as allowed under NMC 15.332.020(B)(24), 15.336.020(B)(8), and in the M-4 zone. Existing private streets may not be used for access for new dwelling units, except as allowed under NMC 15.405.030. No building or structure shall be erected or altered without provisions for access roadways as required in the Oregon Fire Code, as adopted by the city. [Ord. 2720 § 1(11), 11-2-09; Ord. 2647, 6-5-06; Ord. 2507, 3-1-99; Ord. 2451, 12-2-96. Code 2001 § 151.538.]
Penalty: See NMC 15.05.120.
15.415.050 Rules and exceptions governing single-family attached dwellings.
In all residential districts, single-family attached dwelling units may be permitted, provided:
A. Each dwelling unit shall be situated on an individual, legally subdivided or partitioned lot which includes existing lots of record.
B. The dwelling units shall have a common wall at the zero lot line.
C. The combined area of lots shall not be less than the lot area required in the residential district.
D. The lot or development site area requirement per dwelling unit listed in this code shall apply to each individual lot.
E. The setback requirements will apply to each dwelling unit independently, except that the setback for the zero lot line shall be waived.
F. Each dwelling unit shall have independent services which include, but are not limited to, wastewater, water and electricity.
G. Authorization of single-family attached dwelling units does not waive any requirement specified within the current edition of the Oregon Residential Specialty Code or other applicable requirements.
H. Maximum lot coverage requirements specified in this code shall apply to each individual lot.
I. A site plan is approved by the director prior to issuance of a building permit. In approving a site plan, the director may attach any conditions necessary to fulfill the purpose of this code. [Ord. 2451, 12-2-96. Code 2001 § 151.539.]
15.415.060 Home occupation.
Home occupations shall be processed as a Type I procedure. Home occupation uses shall comply with the following standards:
A. Signs shall comply with the standards of NMC 15.435.010 et seq.
B. There is no display that will indicate from the exterior that the building is used in whole or in part for any purpose other than a dwelling.
C. The building retains the characteristics of a residence.
D. There is no outside storage of materials, parts, tools, supplies, or other items related to the use as a home occupation, other than nursery plants.
E. No more than one outside paid employee shall be permitted to work at the residence at any given time.
F. The use does not destroy the residential character of the neighborhood.
G. All work being performed at the site is done within the confines of a building and no noise, odor, dust, smoke or other evidence of the home occupation permeates beyond the confines of the property.
H. The home occupation is incidental to the use of the building and site for residential purposes.
I. The work does not involve the use of hazardous substances or materials which might create a fire hazard or danger to the environment or neighboring properties, including but not limited to gasoline, paint, oxygen/acetylene tanks, or other flammable or hazardous materials. [Ord. 2499, 11-2-98; Ord. 2451, 12-2-96. Code 2001 § 151.540.]
Penalty: See NMC 15.05.120.