Chapter 15.85
Supplementary Provisions
Sections:
15.85.010 Setbacks from arterial and collector streets.
15.85.020 Exception to lot size requirements.
15.85.030 Exceptions to yard requirements.
15.85.040 Exceptions to building height limitations.
15.85.050 Access.
15.85.060 Vision clearance.
15.85.070 Screening.
15.85.075 Noise.
15.85.080 Demolition.
15.85.090 Site plan review.
15.85.100 Accessory uses.
15.85.110 Drainage plans.
15.85.120 Siting standards for property abutting the Calapooia River.
15.85.010 Setbacks from arterial and collector streets.
The City Council may increase the yard requirements when a yard abuts an arterial or collector street which the City has designated for future widening. [Ord. 504 § 5.010, 1980; 1981 Compilation § 8-5:5.010.]
15.85.020 Exception to lot size requirements.
If, at the time of passage of the ordinance codified in this division, a lot, or the aggregate of contiguous lots or land parcels held in a single ownership, has an area or dimension which does not meet the lot size requirements of the zone in which the property is located, the lot or aggregate holdings may be occupied by any use permitted outright in the zone subject to the other requirements of this division. If there is an area deficiency residential use shall be limited to a single-family or duplex residence. [Ord. 504 § 5.020, 1980; 1981 Compilation § 8-5:5.020.]
15.85.030 Exceptions to yard requirements.
The following exceptions to the front yard requirement of a dwelling are authorized for a lot in any zone:
A. If there are dwellings on both abutting lots with front yards of less than the required depth for the zone, the front yard for the lot need not exceed the average front yard of the abutting dwellings.
B. If the primary dwelling on one abutting lot has a front yard of less than the required depth for the zone, the front yard for the lot need not exceed a depth one-half way between the depth of the abutting lot and required front yard depth. [Ord. 504 § 5.030, 1980; 1981 Compilation § 8-5:5.030.]
15.85.040 Exceptions to building height limitations.
The following types of structures or structural parts are not subject to the building height limitations of this division: chimneys, cupolas, tanks, church spires, belfries, domes, derricks, monuments, fire and hose towers, observation towers, transmission towers, smokestacks, flagpoles, radio and television towers, water towers, elevator shafts, windmills, conveyors, and other similar projections. [Ord. 504 § 5.040, 1980; 1981 Compilation § 8-5:5.040.]
15.85.050 Access.
All lots shall abut a street other than an alley for a width of at least 50 feet, except that on a circular turn-around at the end of a cul-de-sac, lots shall abut streets for a width of at least 25 feet. [Ord. 504 § 5.050, 1980; 1981 Compilation § 8-5:5.050.]
15.85.060 Vision clearance.*
Vision clearance areas shall be provided with the following distances establishing the size of the vision clearance area:
A. In a residential zone the minimum distance shall be 30 feet except at intersections that include an alley, 10 feet.
B. In all other zones the minimum distance shall be 15 feet except at intersections which include an alley, 10 feet, except that when the angle of intersection between streets other than an alley is less than 30 degrees, the distance shall be 25 feet. [Ord. 504 § 5.060, 1980; 1981 Compilation § 8-5:5.060.]
* Code reviser’s note: Ordinance 748 provides a definition for “vision clearance” that has been added to BMC 15.70.030.
15.85.070 Screening.
All commercial and industrial uses abutting a residential zone will be screened. An attractive, sight-obscuring fence, hedge, or earth berm between four and six feet high shall be provided along the abutting property line and maintained in an orderly manner. [Ord. 504 § 5.070, 1980; 1981 Compilation § 8-5:5.070.]
15.85.075 Noise.
All proposed commercial and industrial uses shall be evaluated by the City Administrator or designee to determine if sound level mapping or equivalent study will be required for the development. Any necessary updates of any such study shall be the responsibility of the property owner creating the noise. The guide is below:
|
|
Maximum Noise Level in dBA (levels not to be exceeded more than 30 minutes in any hour) |
Maximum Noise Level in dBA (level not to be exceeded more than 5 minutes in any hour) |
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|
Zoning District: |
Measured at Property Line or District Boundary |
Measured at Any Boundary of a Residential Zone |
Between 10 pm and 7 am Measured at Any Boundary of a Residential Zone*** |
|
Low and Medium Density Residential |
55 |
|
|
|
Special Development |
55 |
|
|
|
High Density Residential |
65 |
|
|
|
Volume and Old Town Commercial |
70 |
60 |
50 or ambient noise level |
|
Light Industrial |
70 |
60 |
50 or ambient noise level |
|
Public |
70 |
60 |
50 or ambient noise level |
Notes: The measurement will be at property lines. When zoning districts are immediately adjacent the measurement will be at the boundary of the district. All dBA measurements shall be outside measurements.
*** Restricted hours may be modified through conditions of an approved conditional use permit. Sections of this chapter also provide for additional restricted hours and the most restrictive hours shall apply.
[Ord. 774, 2018.]
15.85.080 Demolition.
Buildings shall not be demolished before obtaining a demolition permit from the City. [Ord. 504 § 5.080, 1980; 1981 Compilation § 8-5:5.080.]
15.85.090 Site plan review.
A site plan review is required for all new construction. A fee, established by resolution of the City Council, shall be charged for a site plan review. [Ord. 644 § 2, 1996; 1981 Compilation § 8-5:5.090.]
15.85.100 Accessory uses.
Accessory uses shall comply with all requirements for the principal use except where specially modified by this division and shall comply with the following limitations:
A. Height of Buildings. See specific zone.
B. If the accessory structure is attached to the primary structure and is roofed and sided with the same material as the primary structure, then the height of the accessory structure may be increased to the height of the primary use.
C. Fences and hedges shall not conflict with requirements of a vision clearance area.
D. A greenhouse or hothouse may be maintained accessory to a dwelling. [Ord. 504 § 5.210, 1980; 1981 Compilation § 8-5:5.210.]
15.85.110 Drainage plans.
A. Drainage plans shall show how the drainage system will relate to natural features, be designed to minimize existing and potential drainage and erosion problems related to the development, and how natural drainage channels shall be kept open by indicating:
1. Existing drainage ways and how the development will use them.
2. Existing drainage ways and how the development will affect them.
3. Location of all proposed storm drain openings, catch basins, and/or dry wells.
4. Size and locations of all storm drains.
5. Location of all outflows.
6. Estimated peak flows at outflows and storm drain openings.
B. Drainage plans shall be provided for the following types of development:
1. Commercial.
2. Industrial.
3. Public.
4. Semi-public.
5. The following residential types:
a. Subdivision.
b. Major partitions.
c. Manufactured home subdivisions.
d. Manufactured dwelling park.
e. Multiple family development.
f. All development in the special development zone. [Ord. 615 § 3, 1992; Ord. 504 § 5.310, 1980; 1981 Compilation § 8-5:5.310.]
15.85.120 Siting standards for property abutting the Calapooia River.
A. The City Administrator shall review any proposed land use action when any part of a lot or proposed lot adjoins the Calapooia River. The Administrator shall review the proposed request in relation to the following standards related to the protection of fish and wildlife habitats:
1. Whether the proposed request involves the removal of any existing trees or other forms of existing natural vegetation, such as shrubs, brush, plants, and grasses between the stream channel and the topographic break at the top of the stream bank which might be harmful to existing fish and wildlife habitats;
2. Whether any form of use expressed in the proposed request might have a damaging impact on existing fish and wildlife habitats along the river.
B. If the City Administrator finds that damaging effects described in subsections (A)(1) and (2) of this section could occur from the proposed request, then the Administrator could impose the following conditions to any land use application approval in order to maintain, enhance and protect existing fish and wildlife habitats along the river:
1. Replanting of any existing trees and/or any other forms of existing natural vegetation which are removed during the development process;
2. Requirement of additional or specific setbacks from the water’s edge or at the topographic break at the top of the stream bank;
3. Installation of fencing;
4. Establishment of a maximum density for structures.
C. The following practices are exempt from the conditions described in subsections (B)(1) through (4) of this section:
1. Removal of a tree that could become a threat to life or structures as defined by the City;
2. Removal of tansy ragwort, Canadian thistle, and other common weeds;
3. Construction of any accessory structure such as a pump house or storage shed. This does not include an accessory use. [Ord. 525 § 1, 1981; 1981 Compilation § 8-5:5.410.]