Chapter 18.30 ZONING REGULATIONS

This chapter regulates allowed land uses (“uses”) and is intended to implement the City of Burns Comprehensive Plan and the purposes of this code, pursuant to Section 18.10.015. [Ord. 23-887 (Exh. A), 2023]

18.30.110 Applicability.

All real property in the City of Burns is subject to the zoning regulations of this chapter. Certain types of land uses are also subject to the special use standards in Section 18.30.200. In addition, some properties are subject to both the general (“base zone”) regulations of this chapter and the overlay zone regulations of Section 18.30.300. Property owners, realtors, project proponents, and others are advised to verify the regulations that apply to a particular property before beginning a new project, purchasing real estate, or marketing a property for sale. [Ord. 23-887 (Exh. A), 2023]

18.30.120 Classification of zoning districts.

This chapter establishes zoning districts, consistent with the City of Burns Comprehensive Plan. Every unit of land (parcel, lot, tract, and right-of-way) within the City of Burns is designated with a zoning district or “zone,” and may also be designated with one or more overlay zones. The use of land is limited to the uses allowed by the applicable zone(s). Zoning designations are as depicted on the City of Burns Zoning Map. The Planning Official maintains official copies of the Zoning Map and Comprehensive Plan. Where a conflict between documents arises, the Comprehensive Plan shall govern.

1. Residential Districts (SFR-4, SFR-7, MFR). Residential zoning districts are intended to accommodate a mix of residential uses at planned densities and to allow nonresidential uses appropriate for residential areas. The following summarizes the purpose of each residential district.

A. The SFR-4 district permits residential uses at densities between two and four dwelling units per gross acre. Permitted residential uses consist primarily of detached single-family housing, duplex housing, and public/community/institutional uses appropriate for single-family residential areas. Limited commercial uses that are appropriate for residential zones are also permitted (e.g., day care nursery/kindergarten/youth clubs).

B. The SFR-7 district permits residential uses at densities between three and seven dwelling units per gross acre. Permitted residential uses consist of detached (e.g., single-family and duplex) housing, and public/community/institutional uses appropriate for single-family residential areas. Limited commercial uses that are appropriate for residential zones are also permitted (e.g., day care nursery/kindergarten/youth clubs).

C. The MFR district permits attached (e.g., townhouse and multifamily) housing residential uses, and public/community/institutional uses appropriate for multiple-family residential areas. Limited commercial uses that are appropriate for residential zones are also permitted (e.g., day care nursery/kindergarten/youth clubs).

2. Commercial District (GC). The Commercial zoning district accommodates a mix of commercial services, retail, and civic uses, and new residential uses permitted in the upper stories of some buildings subject to special standards.

3. Employment Districts (Business Park, Industrial). Business Park and Industrial zoning districts accommodate a mix of intensive and less intensive uses engaged in manufacturing, processing, warehousing, distribution, and similar activities. Two zoning districts, one for business parks and one for industrial, provide for the full range of planned employment land uses within the City. Both districts are intended to provide for efficient use of land and public services, provide a high quality environment for business, offer a range of parcel sizes and locations for employment site selection, and facilitate compatibility between dissimilar uses. The Business Park district provides suitable locations for a mix of light industry, office, and institutional uses. The Industrial district provides suitable locations for intensive industrial uses, such as those with processing, manufacturing, assembly, packaging, distribution, or other activities.

4. Open Space Districts (OS). The Open Space (OS) district is to conserve and protect needed and desirable open spaces, livestock activities, wildlife resources, hazard areas, natural areas, renewable energy resource sites, surface water runoff areas, and cultural areas; to enhance the value to the public of neighboring open space; and to promote orderly urban development. [Ord. 23-887 (Exh. A), 2023]

18.30.125 Determination of zoning district boundaries.

Where due to the scale, lack of scale, lack of detail, or illegibility of the Zoning Map, or due to any other reason, there is uncertainty, contradiction, or conflict as to the intended location of a zoning district boundary, the Planning Official or, upon referral, the Planning Commission, shall determine the boundary as follows:

1. Right-of-Way. Boundaries that approximately follow the centerlines of a street, highway, alley, bridge, or other right-of-way shall be construed to follow such centerlines. Whenever any public right-of-way is lawfully vacated, the lands formerly within the vacated right-of-way shall automatically be subject to the same zoning district designation that is applicable to lands abutting the vacated areas. In cases where the right-of-way formerly served as a zoning district boundary, the vacated lands within the former right-of-way shall be allocated proportionately to the abutting zoning districts.

2. Parcel, Lot, Tract. Boundaries indicated as approximately following the boundaries of a parcel, lot, or tract shall be construed as following such boundaries.

3. Jurisdiction Boundary. Boundaries indicated as approximately following a City or county boundary, or the urban growth boundary, shall be construed as following said boundary.

4. Natural Feature. Boundaries indicated as approximately following a river, stream, topographic contour, or similar feature not corresponding to any feature listed in subsections (1) through (3) of this section, shall be construed as following such feature. [Ord. 23-887 (Exh. A), 2023]

18.30.130 Permissible use descriptions and review procedures.

1. General Use Categories. Table 18.30.130 specifies the land uses that are allowed in the applicable zoning districts. If it is unclear from the table if a use is allowed, the City may determine permissibility of the use by following the procedures of Section 18.30.135, Similar use determinations.

2. Permitted Uses with Special Use Standards. Uses listed as “Permitted (P)” are allowed provided they conform to Section 18.50.100, Lot and development standards. Uses listed as “permitted subject to special use standards (Ps)” are allowed, provided they conform to the Section 18.30.200, Special use standards, and Section 18.50.100, Lot and development standards. Uses listed as “Not Allowed (X)” are prohibited.

3. Conditionally Permitted Uses. Uses listed as “Conditional Use Permit Required (CU)” are allowed subject to the requirements of Section 18.20.300, Conditional use permits.

4. Uses Regulated by Overlay Zones. Notwithstanding the provisions of this chapter, additional standards may apply to uses within overlay zones. An overlay zone may also allow some uses not otherwise allowed or prescribe alternative development the standards to the underlying zone. See Section 18.30.300.

5. Planned Unit Developments. Uses that are not otherwise allowed by the underlying zone may be permitted through the planned unit development procedures under Section 18.20.600.

6. Accessory Uses. For information on other uses that are customarily allowed as accessory, please refer to the description of the use categories in Section 18.10.065, Definitions.

7. Temporary Uses. For information on temporary uses, please refer to Section 18.30.275, Temporary uses.

Table 18.30.130

Uses Allowed by Zoning District
USE CATEGORY	SPECIFIC USE	SFR 4	SFR 7	MFR	GC	BP	I	OS	USES SUBJECT TO SPECIAL STANDARDS
RESIDENTIAL USES
Detached Dwellings	1st Site Built Single-Family Dwelling on Individual Parcel	P	P	P	Ps	Ps	Ps	X	18.30.240
	Accessory Dwelling Unit	Ps	Ps	Ps	X	X	X	X	18.30.225
	1st Manufactured Dwelling on Individual Parcel	Ps	Ps	Ps	Ps	Ps	Ps	X	18.30.260 (SFRs and MFR districts) 18.30.285 (GC, BP, I districts)
	Manufactured Dwelling Park	X	C	Ps	X	X	X	X	18.30.265
	2 or More Primary Dwellings (Not ADUs) on one parcel	C	C	P	X	X	X	X
	Residential Home	P	P	P	P	X	X	X	18.30.250
Attached Dwellings	Duplex	P	P	P	Ps	X	X	X	18.30.240
	Tri-plex	X	X	P	Ps	X	X	X	18.30.240
	Four or more dwelling units	X	X	P	Ps	X	X	X	18.30.240
Group Quarters	Retirement or Congregate Living Facility	C	C	P	C	X	X	X
	Dormitories	C	C	P	C	X	X	X
	Nursing Home/Long-term Care facility	C	C	P	C	X	X	X
	Residential Facility	X	X	P	Ps	X	X	X	18.30.250
COMMERCIAL/SERVICE/EMPLOYMENT USES
Home Occupation	Home Occupation	Ps	Ps	Ps	Ps	Ps	Ps	X	18.30.255
On-Site Sales of Goods	Retail Sales Within Enclosed Building	X	X	X	P	P	Ps	X	18.30.230
	Retail Sales With Less Than 30% of Site Area for Outdoor Sales and Storage	X	X	X	P	P	Ps	X	18.30.230
	Retail Sales With Greater Than 30% of Site Area for Outdoor Sales and Storage	X	X	X	Ps	P	Ps	X	18.30.340
	Eating or Drinking Establishment	X	X	X	P	P	X	X
	Eating Establishment with Drive-Through	X	X	X	Ps	Ps	X	X	18.30.340 18.50.425
	Vehicle Fueling Station	X	X	X	Ps	P	Ps	X	18.30.340 Commercial fueling depots only permitted in the Industrial (I) Zone
Services	Professional Office Services (nonmedical)	P	P	X	P	P	X	X
	Financial Services with Drive-Through	X	X	X	C	P	X	X	18.30.340 18.50.425
	Financial Services without Drive-Through	X	X	X	P	P	X	X
	Medical Services (Excluding Hospitals)	P	P	X	P	P	X	X
	Medical Marijuana Dispensary	X	X	X	C	X	X	X
	Personal Services	X	X	X	P	P	X	X
	Durable and Electronic Goods Repair or Services with Less Than 30% of Site Area for Outdoor Storage	X	X	X	Ps	Ps	P	X	Uses prohibited outside enclosed buildings in GC and BP zones within 200 feet of residential zone
	Durable and Electronic Goods Repair or Services With Greater Than 30% of Site Area for Outdoor Storage	X	X	X	P/(C)	P/(C)	P	X	CUP in GC and BP zones if within 200 feet of residential zone
	Animal Services	X	X	X	P/(C)	P/(C)	P	X	CUP in GC and Business Park zones if outdoor kennel or shared interior wall with separately owned property
	Contracting Services	X	X	X	P/(C)	P/(C)	P	X	CUP in GC or BP zones if outdoor storage area or on-site fabrication exceeds 30% of site area
	Vehicle or Equipment Rental Services	X	X	X	P	P	P	X
	Other Rental Services	X	X	X	P	P	P	X
	Entertainment Establishment within Enclosed Building	X	X	X	P	P	C	X
	Entertainment Establishment with Outdoor Uses	X	X	X	Ps	Ps	C	X	18.30.235
	Child Family Day Care (16 or fewer children)	P	P	P	P	P	X	X	18.30.245
	Commercial Day Care (17 or more children)	C	C	C	P	P	X	X
Parking	Stand-alone Parking Lot	P/(C)	P/(C)	P	P	P	P	P/(C)	Not subject to Type ii site plan Review; however, must meet all applicable design standards for commercial parking lot CUP for >8 spaces in (C) designated zones
Overnight Accommodations	Hotel or Motel	X	X	C	P	P	X	X
	Short-Term Rental	Ps	Ps	Ps	Ps	X	X	X	18.30.290
	Recreational Vehicle (RV) Park	X	X	X	Ps	Ps	X	X	18.30.295
Industrial	Manufacturing	X	X	X	Ps	P	P	X	18.30.230
	Materials Processing	X	X	X	C	Ps	P	X	18.30.230
	Warehousing or Logistics	X	X	X	C	P	P	X
	Goods and Materials Handling	X	X	X	C	C	P	X
	Self-Storage	X	X	X	C	P	P	X
	Energy Production	X	X	X	X	C	P	X
	Laboratory	X	X	X	C	P	P	X
TRANSPORTATION/UTILITIES/SOLID WASTE USES
Transportation	Surface Transportation Facilities and Improvements	P	P	P	P	P	P	P
Transportation	Transit Facilities	P	P	P	P	P	P	P
Utilities	Wireless Communication Facilities	C	C	C	Ps	Ps	Ps	Ps	18.30.280
	Municipal Utility Collection, Transmission, and Facilities	P	P	P	P	P	P	P
	Above-ground transmission facilities	C/(P)	C/(P)	C/(P)	P	P	P	P	(P) for modifications or improvements to existing facilities in a (C) designated zone
	Underground transmission facilities	P	P	P	P	P	P	P
	Substations	C	C	C	C	P	P	C
Solid Waste	Wrecking/Salvage Yard	X	X	X	X	C	P	X
	Recycling Center	X	X	X	P	P	P	X
	Other Solid Waste	X	X	X	C	C	C	X
PUBLIC/COMMUNITY/INSTITUTIONAL USES
Schools	Public or Private (K-12)	C/(P)	C/(P)	C/(P)	C	C	X	C	(P) for modifications or improvements to existing facilities or expansions < 50% in a (C) designated zone
	Vocational	X	X	X	P	P	P	C
	College/University	X	X	X	P	P	C	C
	Seminary	C	C	C	P	P	C	C
Faith Institutions	House of Worship	C/(P)	C/(P)	C/(P)	P	P	C	C	(P) for modifications or improvements to existing facilities or expansions < 50% in a (C) designated zone
Faith Institutions	Youth Ministry	C/(P)	C/(P)	C/(P)	P	P	C	C	(P) for modifications or improvements to existing facilities or expansions < 50% in a (C) designated zone
Hospitals	Hospital	C/(P)	C/(P)	C/(P)	P	P	C	C	(P) for modifications or improvements to existing facilities or expansions < 50% in a (C) designated zone
Post Office	Post Office	X	X	X	P	P	P	X
Library	All types	C/(P)	C/(P)	C/(P)	P	P	C	C	(P) for modifications or improvements to existing facilities or expansions < 50% in a (C) designated zone
Museum	All types	C/(P)	C/(P)	C/(P)	P	P	C	C	(P) for modifications or improvements to existing facilities or expansions < 50% in a (C) designated zone
Public Community Facilities	Government Centers	C/(P)	C/(P)	C/(P)	P	P	C	C	(P) for modifications or improvements to existing facilities or expansions < 50% in a (C) designated zone
	Fairgrounds	X	X	X	P	P	C	C
	Community and Multi-Use Buildings	C/(P)	C/(P)	C/(P)	P	P	C	C/(P)	(P) for modifications or improvements to existing facilities or expansions < 50% in a (C) designated zone
Private Community Facilities	Golf Courses and Driving Ranges	C	C	C	P	P	C	P
	Membership Clubs (social, fraternal, recreation, sports, etc.)	C/(P)	C/(P)	C/(P)	P	P	C	C/(P)	(P) for modifications or improvements to existing facilities or expansions < 50% in a (C) designated zone
	Shooting Range	X	X	X	C	C	P	C
	Community and Multi-Use Buildings	C/(P)	C/(P)	C/(P)	P	P	C	C/(P)	(P) for modifications or improvements to existing facilities or expansions < 50% in a (C) designated zone
Parks and Open Space Uses	Park/Playground	C/(P)	C/(P)	C/(P)	P	P	C	C/(P)	(P) for modifications or improvements to existing facilities or expansions < 50% in a (C) designated zone
	Passive Open Space	P	P	P	P	P	P	P
	Agriculture	P/(Ps)	P/(Ps)	P/(Ps)	P/(Ps)	P/(Ps)	P	P/(Ps)	18.30.270

[Ord. 23-887 (Exh. A), 2023]

Article I. Similar Use Determinations

18.30.135 Similar use determinations.

This article sets forth the process to make similar use determinations. [Ord. 23-887 (Exh. A), 2023]

18.30.140 Purpose.

Table 18.30.130 seeks to classify the universe of potential land uses. However, such a listing and classification will never be complete and some future land uses will end up unclassified. The purpose of this section of the code is to provide a process for the City of Burns to interpret the use table in relation to an unclassified use and make a final land use decision to determine of the use can be considered a permitted, specially permitted, or conditional use within the applicable zone. [Ord. 23-887 (Exh. A), 2023]

18.30.145 Applicability.

The requested land use must be distinguishable from uses classified in the use table in Section 18.30.130. [Ord. 23-887 (Exh. A), 2023]

18.30.150 Procedure.

Requests for similar use determinations shall be based upon a specific use and not a broad category of uses. The request shall be processed under a Type III application and procedure. The application can be combined with other applications, but lower types (i.e., Type I or Type II) shall be elevated to a Type III when a similar use determination is requested. Similar use determinations can also be processed as a stand-alone Type III application. [Ord. 23-887 (Exh. A), 2023]

18.30.155 Criteria.

1. Unclassified Determination. The approving authority shall review the development code and reach a supported conclusion that the proposed use is meaningfully distinguishable from other land uses elsewhere classified in the code.

2. Use Determination. Only if the criterion in subsection (1) of this section is satisfied, the approving authority shall review the development code to determine if the proposed use is similar to uses otherwise allowed in the applicable zoning district. Based upon a review of the specific uses classified and permitted, the code as a whole, and any relevant guidance provided by the Comprehensive Plan, the approving authority shall reach a supported conclusion that determines if the use is prohibited, permitted, permitted subject to special use standards, or can be allowed subject to approval of a conditional use permit. [Ord. 23-887 (Exh. A), 2023]

Article II. Special Use Standards

18.30.200 Special use standards.

The special use standards of the code apply to uses designated with a Ps in the use table. [Ord. 23-887 (Exh. A), 2023]

18.30.210 Purpose.

Special uses included in this chapter are uses which, due to their potential to affect surrounding properties or other planning objectives of the City, must be developed in accordance with special conditions and standards. These special use standards may differ from the development standards established for other uses in the same zoning district. [Ord. 23-887 (Exh. A), 2023]

18.30.215 Applicability.

All uses designated as special (“Ps”) uses in Table 18.30.130, and uses the City determines to be similar to such uses, are subject to the standards of this section. The standards of this section supplement the other requirements of this code. When a dimensional standard for a special use differs from that of the underlying district, the standard for the special use shall apply. [Ord. 23-887 (Exh. A), 2023]

18.30.220 Review process.

Because the special use standards are development standards driven, the applicable review process (Type I, Type II, or Type III) is the same for special uses as the procedures applicable to permitted uses; the review procedure determines compliance with the requirements of Section 18.30.200. Notwithstanding the foregoing, the Planning Official may elevate any Type I review to a Type II review for a special use, if the Planning Official determines this is the most appropriate procedure to apply the special use standards to the particular use or site. [Ord. 23-887 (Exh. A), 2023]

18.30.225 Accessory dwelling units (ADUs).

Accessory dwellings, where allowed, are subject to review and approval through a Type I procedure, pursuant to Section 18.20.015, and shall conform to all the following standards:

1. One Unit. A maximum of one accessory dwelling unit is allowed per legal lot.

2. Floor Area. An accessory dwelling unit shall not exceed 900 square feet of floor area. The unit may be detached, a unit attached to a dwelling, or inside a portion of an existing dwelling.

3. Building Design. The accessory dwelling shall be constructed of materials that are the same or similar to the materials used on the primary dwelling. The accessory dwelling shall comply with applicable Oregon Structural Specialty Code requirements.

4. Building Height. The height of an accessory dwelling shall not exceed the height of the primary dwelling.

5. Parking. A minimum of two off-street parking spaces are required, total, for a site containing an accessory dwelling unit. The parking spaces shall be on an improved all-weather surface. [Ord. 23-887 (Exh. A), 2023]

18.30.230 Accessory light manufacture uses.

1. Purpose. The following provisions are intended to encourage mixed-use development, including cottage industries and business incubators, by integrating small-scale manufacturing with commercial uses. For the purposes of this section, light manufacture uses are those that blend manufacturing and retail uses such as brewpubs, winery tasting rooms, artist studios, cabinet makers, and similar uses, on the same site.

2. Applicability. The following standards apply where manufacturing uses are specially permitted in commercial and business park zones and where retail uses are specially permitted in business park or industrial zones. The standards are applied through site design review or conditional use permit review, as applicable.

3. Standards.

A. Where a manufacturing or materials processing use is allowed in a commercial or business park zone, it shall be permitted only in conjunction with a primary commercial use and shall not exceed the floor area of the primary commercial use.

B. Where a manufacturing use is allowed in a commercial or business park zone, it shall be wholly enclosed in a building, unless unenclosed operations are authorized by a conditional use permit.

C. Where a manufacturing use is allowed in a commercial zone and the subject site is located within 100 feet of a residential zone, the City may limit the hours of operation of the commercial or industrial uses to between 7:00 a.m. and 9:00 p.m. where it has identified concerns about noise, parking, or other impacts related to the use.

D. Where a commercial use is allowed in an industrial zone, it shall be permitted only in conjunction with the primary industrial use and shall not exceed the floor area of the primary industrial use. [Ord. 23-887 (Exh. A), 2023]

18.30.235 Entertainment establishment with outdoor uses.

1. Purpose. This section provides standards that are intended to minimize noise disturbances from entertainment establishments with outdoor uses (e.g., outdoor amplified music).

2. Applicability. The following noise level standards apply where an entertainment establishment with an outdoor use is located within 250 feet of any residentially zoned property. These standards are in addition to any other noise regulations adopted by the City and contained within the City of Burns municipal code.

3. Standards.

A. Noise from outdoor entertainment venues shall not exceed the following statistical levels during any one hour.

(1) Seventy-five dBA at L70 between the hours of 7:00 a.m. and 9:00 p.m.

(2) Seventy-five dBA at L50 between the hours of 9:00 p.m. and 12:00 a.m.

B. Sound measurements shall be taken from the residentially zoned property line that is nearest the noise source and within 250 feet therefrom. [Ord. 23-887 (Exh. A), 2023]

18.30.240 Dwellings in commercial zones.

1. Purpose. This section provides standards for residential uses in the GC and BP zones.

2. Standards. Residential uses in the GC and BP zones shall conform to all the following standards:

A. Residential uses may be located anywhere above the ground floor of a structure.

B. Ground-floor residential uses may not occupy any portion of the storefront, generally identified as the initial portion of the side(s) of a building fronting a street, except the ground-floor entrances or breezeways may be located on a street frontage to provide access to dwelling units.

C. Ground-floor residential uses are also limited to occupying no more than 20 percent of the area of the ground floor. [Ord. 23-887 (Exh. A), 2023]

18.30.245 Family daycare.

Family daycare uses are limited to on-site care for not more than 16 children and shall conform to the state licensing requirements and standards under ORS 657A.250 and 657A.440(4). Family daycare uses must also have a current City of Burns business license. [Ord. 23-887 (Exh. A), 2023]

18.30.250 Residential homes and residential facilities.

Residential homes and residential facilities, where allowed, shall conform to all the following standards and procedures.

1. Licensing and State Requirements. Residential homes and residential facilities shall be licensed by the state of Oregon and comply with state requirements, pursuant to ORS 197.660 through 197.670.

2. Residential Homes. Residential homes may provide residential care alone, or in conjunction with treatment or training, for five or fewer individuals who need not be related. Staff required to meet state licensing requirements are not counted in the number of facility residents and need not be related to each other or the residents. The same development code standards that apply to single-family dwellings also apply to residential homes, except where state law supersedes City standards.

3. Residential Facilities. Residential facilities may provide residential care alone, or in conjunction with treatment or training, for between six and 15 individuals who need not be related. Staff required to meet state licensing requirements is not counted in the number of facility residents and need not be related to each other or the residents. The same development code standards that apply to multiple-family dwellings also apply to residential facilities, except where state law supersedes City standards.

4. Access. The access and circulation standards of Chapter 18.50, Article II shall be met.

5. Parking. The parking and loading standards of Chapter 18.50, Article IV shall be met.

6. Landscaping. Residential facilities are required to comply with the landscaping and screening standards of Section 18.50.315. The City may require the installation of a landscape hedge or fence on the property line separating a residential facility from an abutting lot containing a single-family dwelling for the purposes of visual screening and privacy between uses. The landscaping standards do not apply to building permits for individual residential homes.

7. Building Design Standards. Residential facilities are required to comply with the building orientation and design standards for multifamily housing, pursuant to Section 18.30.240; except where a state requirement conflicts with a City standard, the state requirement, not the City standard, shall apply. The building design standards do not apply to residential homes.

8. Review Procedure. Residential homes are subject to review and approval through a Type I review procedure under Section 18.20.015 prior to issuance of building permits. Residential facilities are subject to a Type II review under Section 18.20.020. [Ord. 23-887 (Exh. A), 2023]

18.30.255 Home occupations.

1. Purpose. The purpose of this section is to encourage those who are engaged in small commercial ventures that could not necessarily be sustained if it were necessary to lease commercial quarters, or which by the nature of the venture are appropriate in scale and impact to be operated within a residence.

2. Applicability. This section applies to home occupation uses in all zones. However, nothing in this section shall be construed to limit or disallow commercial or industrial uses where dwelling uses are also allowed but the commercial or industrial uses are approved as the primary use of the property subject to the applicable standards of the code for the relevant commercial or industrial use.

3. Home Occupation Size. Home occupations of less than 800 square feet of lot area are permitted, provided the owner obtains a Type I permit for a home occupation and a City of Burns business license. Home occupations greater than 800 square feet of lot area are allowed, subject to approval of a conditional use permit. For the purpose of this section, “lot area” includes building floor area, areas within accessory structures, and all other portions of a lot primarily dedicated to the use.

4. Home Occupation Standards. Home occupations shall conform to all the standards below, except the City may approve adjustments to the standards through the conditional use permit approval, provided all uses and structures on the subject property conform to applicable City regulations, including, but not limited to, building codes and nuisance regulations.

A. Appearance of Residence.

(1) The home occupation shall be restricted to lawfully built enclosed structures and be conducted in such a manner as not to give an outward appearance of a business.

(2) The home occupation shall not result in any structural alterations or additions to a structure that will change its primary use or building code occupancy classification.

(3) The home occupation shall not violate any conditions of development approval (i.e., prior land use development permit or approval).

(4) No products or equipment produced or used by the home occupation may be displayed to be visible from outside any structure.

B. Storage.

(1) Outside storage visible from the public right-of-way or adjacent properties that exceeds what is customary for a single-family residence in the vicinity is prohibited.

(2) On-site storage of hazardous materials (including toxic, explosive, noxious, combustible, or flammable material) beyond those normally incidental to residential use is prohibited.

(3) Storage of inventory or products and all other equipment, fixtures, and activities associated with the home occupation shall be enclosed in a structure or otherwise screened from view from adjacent properties and public right-of-way.

C. Employees.

(1) Other than family members residing within the dwelling located on the home occupation site, there shall be not more than two employees at the home occupation site at any given time. As used in this section, the term “home occupation site” means the legal lot on which the home occupation is conducted.

(2) Additional individuals may be employed by or associated with the home occupation, so long as they do not report to work, pick up, or deliver at the home occupation site.

(3) The home occupation site shall not be used as a headquarters for the assembly of employees for instruction or other purposes, including dispatch of employees to other locations.

D. Advertising and Signs. Signs for home occupations are permitted subject to the standards in Section 18.50.500 for the applicable zoning district.

E. Vehicles, Parking, and Traffic.

(1) Not more than two commercially licensed vehicles associated with the home occupation are allowed at the home occupation site in the same 24-hour period. Vehicles shall be of a size that does not overhang into the public right-of-way when parked.

(2) There shall be no commercial vehicle deliveries between 9:00 p.m. and 7:00 a.m.

F. Business Hours. There shall be no restriction on business hours, except that clients or customers are permitted at the home occupation only from 7:00 a.m. to 9:00 p.m., Monday through Friday.

G. Prohibited Home Occupation Uses.

(1) Any activity that produces radio, TV, or other electronic interference; noise, glare, vibration, smoke, or odor beyond allowable levels as determined by local, state, or federal standards, or that can be detected beyond the property line, is prohibited.

(2) Any activity involving on-site retail sales, including garage sales exceeding the thresholds of a temporary use, is prohibited, except that the sale of items that are incidental to a permitted home occupation is allowed. For example, the sale of lesson books or sheet music from music teachers, art or craft supplies from arts or crafts instructors, computer software from computer consultants, and similar incidental items for sale by the home business is allowed.

(3) The following uses, and uses with similar objectionable impacts because of motor vehicle traffic, noise, glare, odor, dust, smoke, or vibration, are prohibited:

(a) Ambulance service;

(b) Animal hospital, veterinary services, kennels, or animal boarding;

(d) Repair, reconditioning, or storage of motorized vehicles, boats, recreational vehicles, airplanes, or large equipment on site. [Ord. 23-887 (Exh. A), 2023]

18.30.260 Manufactured home on a single-family lot.

Manufactured homes are permitted on individual lots, subject to all the following design standards. Manufactured dwellings relocated into the City of Burns shall conform to City standards. The following standards do not apply to dwellings lawfully established and existing within the City prior to October 27, 2023. See also Section 18.30.265 regarding mobile home and manufactured home parks.

1. Floor Plan. The manufactured home shall be multi-sectional and have an enclosed floor area of not less than 1,000 square feet.

2. Roof. The manufactured home shall have a pitched roof with a slope not less than three feet in height for each 12 feet in width (14 degrees).

3. Residential Building Materials. The manufactured home shall have exterior siding that is wood, wood composite, or cement board.

4. Garages and Carports. If the manufactured home has a garage or carport, the garage or carport shall be constructed of the same pattern and materials as the home.

5. Thermal Envelope. The manufactured home shall be certified by the manufacturer to meet the thermal envelope requirements equivalent to those for a single-family dwelling constructed under the state building code. Evidence demonstrating that the manufactured home meets “Super Good Cents” energy efficiency standards, or an equivalent standard, is deemed to satisfy the exterior thermal envelope certification requirement.

6. Placement. The manufactured home shall be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the manufactured home is located not more than 16 inches above grade, and complies with the minimum set-up standards of the adopted state Administrative Rules for Manufactured Dwellings, OAR 918. Where the building site has a sloped grade, no more than 16 inches of the enclosing material shall be exposed on the uphill side of the home.

7. Flood Hazard Area. Manufactured homes shall comply with Section 18.30.325, Flood hazard area, and the following standards.

A. The stand shall be a minimum of 12 inches above base flood elevation (BFE) unless the foundation wall is opened on one side or end so that floodwater cannot be trapped. (See also Manufactured Dwelling Specialty Code, 4-3.1(5).)

B. The bottom of the longitudinal chassis frame beam in A zones, and the bottom of the lowest horizontal structural member supporting the dwelling in V zones shall be a minimum of 12 inches above BFE. (See definition of “lowest floor” in Manufactured Dwelling Specialty Code.)

C. The manufactured dwelling shall be anchored to prevent flotation, collapse, or lateral movement during the base flood. 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 anchoring techniques and 44 Code of Federal Regulations 60.3(c)(6).)

D. Electrical crossover connections shall be a minimum of 12 inches above BFE. (See Manufactured Dwelling Specialty Code 6-4.2(1).)

8. Foundation Skirt. The foundation area of the manufactured home shall be fully skirted with concrete, horizontal wood or cement board siding. [Ord. 23-887 (Exh. A), 2023]

18.30.265 Manufactured dwelling parks.

Mobile home and manufactured dwelling parks (not including recreational vehicles) are permitted on parcels of four acres or larger, subject to compliance with subsections (1) through (4) of this section.

1. Permitted Uses. Single-family residences, manufactured home park manager’s office, home occupations, and accessory structures that are necessary for the operation and maintenance of the manufactured dwelling park (e.g., landscape maintenance).

2. Development Standards. Development of manufactured and mobile home parks, including placement of manufactured and mobile homes with a park, shall comply with applicable building codes and state requirements for mobile home and manufactured dwelling parks in ORS 446.

3. Perimeter Landscaping. When manufactured dwellings are oriented with their back or side yards facing a public right-of-way, the City may require installation of fencing and planting of a landscape buffer of 10 feet in width between the right-of-way and a manufactured home park for the privacy and security of park residents or for privacy of adjacent residences.

4. Flood Hazard Area. Compliance with Section 18.30.325, Flood hazard area, is required. [Ord. 23-887 (Exh. A), 2023]

18.30.270 Livestock.

1. Purpose. The City of Burns has attempted to accommodate livestock within the corporate City limits since the early 1960s. The City’s Comprehensive Plan policies recognize the need to allow livestock within certain areas of the City. However, the Comprehensive Plan does state “... the City shall consider livestock lands to be urbanizable lands, when demonstrated urban need is shown for such lands.” The intent is to allow the keeping of livestock until such time as the land is needed for urban land uses. Over time, the keeping of livestock in the City will be diminished.

2. Livestock Permits Required City-Wide.

A. Livestock permits shall be required for all livestock kept on properties two and one-half acres or smaller unless identified by the Comprehensive Plan as unbuildable due to natural hazards.

B. Parcels two and one-half acres or larger, as shown by the Harney County Assessor’s office, shall not require livestock permits.

C. Notwithstanding subsection (2)(A) or (2)(B) of this section, any property that previously required a livestock permit shall continue to require a livestock permit regardless of parcel size.

D. No new livestock permits shall be issued for large animals except lots or parcels resulting from the subdivision or partitioning of lands not previously subject to livestock permitting. New livestock permits may be issued for poultry/fowl in residential zones and the Open Space (OS) district.

E. A livestock permit may allow for up to one livestock unit per one-half acre. A livestock unit shall be one large animal or five poultry/fowl. Acreages shall be rounded down for purposes of determining the maximum number of livestock units. For example, a two-and-one-half acre property with four large animals could have five poultry/fowl for a total of five livestock units, but a 1.1 acre property with two large animals could not have any poultry/fowl as it already meets the maximum number of livestock units. Properties not subject to livestock permitting are not restricted in the number of livestock units that may be kept on the property.

F. The Council may, by resolution, suspend the provisions of this section during the time of the Harney County Fair and Rodeo.

3. Application Process.

A. For each year and with respect to each parcel subject to permitting requirements, the owner thereof shall, not later than December 15th of the preceding year, file with the City Manager or designee an application for a livestock permit.

B. Each such application shall be made upon forms furnished by the City; shall describe with reasonable certainty the lands to which the application refers; shall describe the species of animals or livestock proposed to be kept thereon; shall contain the name or names and addresses of the owners of record of such land; and shall be submitted with an annual permit fee as set forth by City Council resolution.

C. Not later than December 1st of each year, the City Manager or designee shall mail to each holder of any such permit a notice informing such permit holder that said permit shall expire on December 31st of that year, and that the right to keep livestock on the lands covered by said permit shall become void, should application for a permit for the succeeding year not be filed by December 31st.

D. If the City Manager or designee finds the land to which any such application refers is eligible for use in the keeping of such animals or livestock thereon under this section, and that such application meets the requirements of this section, the City Manager or designee shall issue the permit. The property owner for each such permit shall furnish such statements or other evidence as the City Manager or designee may require in determining whether the land to which such application refers is eligible for the keeping of livestock thereon under this section.

E. Each permit issued pursuant to this section shall be issued to and in the name of the property owner; shall describe with reasonable certainty the land to which it is limited; shall describe the species of livestock to which the permit is limited; shall bear the date of expiration of such permit; shall be appurtenant to and run with the land therein described; and may not be transferred to another parcel of land.

F. If a livestock permit application is denied by the City Manager, the owner may appeal the denial to the City Council following the Type III appeal procedures set forth in Section 18.20.025(4).

G. With respect to any parcel of land for which a permit has been issued pursuant to this section, failure to apply for a permit covering such land for the year following expiration of the existing permit therefor shall automatically render such land ineligible for a livestock permit for large animals.

4. Requirements for Keeping Livestock.

A. No person keeping livestock may treat or maintain the livestock in violation of any federal, state, or local law.

B. The parcel of land occupied by any livestock shall be kept in a reasonably clean condition, as determined by the City Manager or designee, or any appropriate state official.

C. Large animals shall be housed within pens, corrals, sheds or wire enclosures. Poultry/fowl shall be housed within pens or coops. If livestock are permitted to move beyond their housing, such area(s) shall be enclosed with four wire, woven wire, or board fencing with the posts being not further than 16 feet apart. Barbed wire is not permitted within the City limits. All enclosures and fencing shall be designed as to prevent livestock from roaming at large and be constructed and maintained in a workmanlike manner. All gates shall be kept locked when not in use.

D. Buildings to be used in conjunction with livestock shall meet the applicable setbacks for the zone in which the property is located.

E. Landlords shall ensure that their tenants comply with the terms of this section and shall not allow any violation of this section to persist. Following notice to the landlord at the address of record with the Harney County Assessor’s office, landlords shall be deemed responsible for continuing violations.

F. Any livestock kept within the City without the required permits shall be in violation of this title, shall constitute a nuisance, and shall be immediately removed by the owner upon notice from the City. If the animals are not timely removed, the City may remove such animals and assess the costs to the property owner in the manner prescribed for abating nuisances.

G. Should any complaint be presented to the Council charging any person with violating any provision of this section, the Council, after having given such person reasonable notice and opportunity to be heard, may cancel or suspend such permit, may impose fines, and may, by resolution, declare such person permanently ineligible for keeping livestock within the City limits.

5. Subdivisions and Partitions.

A. Any partition or subdivision of lands holding a required livestock permit shall render the livestock permit(s) void upon the filing of the final plat.

B. Properties larger than two and one-half acres that are not required to have livestock permits may be partitioned or subdivided and, if the resulting lots or parcels are subject to livestock permitting, the owner may be issued livestock permits by the City Council upon an affirmative recommendation by the Planning Commission during the partition or subdivision review. The property owner shall make the request for livestock permits as part of its partition or subdivision application. [Ord. 23-887 (Exh. A), 2023]

18.30.275 Temporary uses.

Temporary uses are characterized by their short term or seasonal nature and by the fact that permanent improvements are not made to the site. Temporary uses include, but are not limited to: construction trailers, leasing offices, temporary carnivals and fairs, parking lot sales, retail warehouse sales, seasonal sales such as Christmas tree sales and vegetable stands, and similar uses. This code contains permit procedures for three types of temporary uses, seasonal and special events, temporary sales offices and model homes, and temporary buildings, trailers, kiosks, and other structures, as follows:

1. Seasonal and Special Events. Through a noticed Type I procedure, pursuant to Section 18.20.015, the City shall approve, approve with conditions, or deny a temporary use application for a seasonal or special event, based on the following criteria:

A. The use is permitted in the underlying zone and does not violate any conditions of approval for the property (e.g., prior development permit approval).

B. The use occurs only once in a calendar year and for not longer than 30 consecutive days.

C. The applicant, if different than the property owner, has proof of the owner’s permission to place the use on the property.

D. Ingress and egress are adequate and do not raise safety concerns when the proposed use is combined with the other uses of the site, pursuant to Chapter 18.50, Article II, Access and Circulation.

E. The use does not conflict (i.e., create a nonconformity) with the provisions of Chapter 18.50, Article III, Landscaping, Fences, Walls, and Exterior Lighting.

F. There is sufficient parking to accommodate the temporary use and other uses existing on the site, pursuant to Section 18.50.400, Parking and loading.

G. The use does not conflict (i.e., create a nonconformity) with the provisions of Chapter 18.40, Public Facility Standards and Criteria.

H. The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare, or lights that affect an adjoining use in a manner in which other uses allowed outright in the district do not affect the adjoining use.

I. The use is adequately served by sewer or septic system and water, as applicable.

J. The applicant shall be responsible for maintaining all required licenses and permits.

2. Temporary Sales Office or Model Home. Through a noticed Type I procedure, pursuant to Section 18.20.015, the City shall approve, approve with conditions, or deny a temporary use application for a temporary sales office or model home, based on the following criteria:

A. Temporary Sales Office. The use of any real property within the City as a temporary sales office for the purpose of facilitating the sale of real property, shall meet all the following criteria:

(1) The temporary sales office shall be located within the boundaries of the subdivision or tract of land within which the real property is to be sold.

(2) The property to be used for a temporary sales office shall not be permanently improved for that purpose, except for improvements that would otherwise be allowed in the applicable zoning district for uses that are outright permitted.

(3) Public health, safety, and welfare shall be protected through conditions imposed by the City, regarding temporary utility connections.

B. Model House. The use of any real property within the City for a model home, including a model home in any subdivision or on any tract of land within the City, shall meet all the following criteria:

(1) Where the model house is located in a residential zone, it shall be located within the boundaries of the subdivision or tract of land where the real property to be sold is situated.

(2) A model house located in a residential zone shall be designed as a permanent structure that meets all relevant requirements of this code and other applicable codes and permit requirements.

(3) A model house located in a nonresidential zone, as with a manufactured home sales display lot, shall be removed when the use of the subject site for home sales ends.

3. Temporary Buildings, Trailers, Kiosks, and Other Structures. Through a noticed Type I procedure, pursuant to Section 18.20.015, the City shall approve, approve with conditions, or deny an application for a placement and use of a temporary building, trailer, kiosk, or other structure, based on the following criteria:

A. The use is permitted in the underlying zone and does not violate any conditions of approval for the property (e.g., prior development permit approval).

B. The applicant, if different than the property owner, has proof of the owner’s permission to place the use on the property.

C. The lot development standards of Section 18.50.100 are met.

D. Ingress and egress are adequate and do not raise safety concerns when the proposed use is combined with the other uses of the site, pursuant to Chapter 18.50, Article II, Access and Circulation.

E. The use does not conflict (i.e., create a nonconformity) with the provisions of Chapter 18.50, Article III, Landscaping, Fences, Walls, and Exterior Lighting.

F. There is sufficient parking to accommodate the temporary use and other uses existing on the site, pursuant to Section 18.50.400, Parking and loading.

G. The temporary use does not conflict (i.e., create a nonconformity) with the provisions of Chapter 18.40, Public Facility Standards and Criteria.

I. The use is adequately served by sewer or septic system and water, as applicable.

J. The structure complies with applicable building codes.

K. Except where specifically authorized by the City Council, the length of time that the temporary structure may remain on a site shall not exceed two consecutive months or a total of three months in any one calendar year.

L. The applicant has obtained and will maintain all required licenses and permits.

M. Public health, safety, and welfare are protected through the installation of a water meter, if necessary, and other improvements, pursuant to Chapter 18.40, Public Facility Standards and Criteria, as necessary. [Ord. 23-887 (Exh. A), 2023]

18.30.280 Wireless communication facilities.

1. Purpose. The purpose of these standards is to provide reasonable and necessary regulations for communications facilities in order to:

A. Implement an application process for the review and permitting of communications facilities.

B. Minimize the visual impacts of such communications facilities through careful design, siting, and screening.

C. Allow for the reasonable siting of communications facilities necessary to meet the functional requirements of the wireless and broadcast industries and the public and private utilities, including conformance with the guidelines and intent of federal law and the Telecommunications Act of 1996.

D. Provide for the reasonable siting of noncommercial transmitting and receiving antennas for the recreational benefits of the citizens.

E. Promote and encourage, whenever practicable and whenever possible, the sharing and/or collocation of communications facilities among service providers.

F. Promote and encourage, whenever possible, the placement, height and quantity of communications facilities in such a manner, including but not limited to the use of stealth technology and camouflage, to minimize adverse aesthetic and visual impacts on the land, property and buildings adjacent to, surrounding, and in generally the same area as the requested location of such facilities, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.

G. Avoid potential damage to adjacent properties from tower failure through proper engineering and careful siting of towers.

2. Applicability. This section applies to the development, siting, installation, and modification of all communications facilities, including but not limited to cellular telephone facilities, broadband internet facilities, and radio and TV broadcasting facilities. This section in no way prohibits, restricts, or impairs the installation, maintenance, or use of video antennas (including direct-to-home satellite dishes, TV antennas, and wireless cable antennas) used by viewers to receive video programming signals from direct broadcast facilities, broadband radio service providers, and TV broadcast stations.

3. Communications Facilities. Communications facilities in compliance with the provisions of this title shall be allowed as a conditional use in all zones within the City of Burns except that new communications facilities are prohibited in all residential zones (SFR-4, SFR-7, MFR) and all Public Facility (PF) overlay zones abutting any residential zone unless the applicant can demonstrate one of the following in conjunction with any application for a new communications facility proposed in any residential zone or Public Facility overlay zone adjacent to a residential zone:

A. There are no other options under this title to provide coverage because the proposed communications facility would fill a significant gap in coverage and no alternative locations are available and technologically feasible.

B. The proposed facility must be sited in a residential zone to prevent unreasonable discrimination in the application of this zoning title among providers of functionally equivalent services.

C. The communications facility is proposed as a collocation on an alternative tower structure and the additional components are designed as a stealth facility.

4. Application Requirements. An applicant for a new communications facility shall submit the following information:

A. A list of all property owners, including mailing address, tax map number and tax lot number, within 1,000 feet of the boundaries of the subject property. The subject property includes the boundary of the entire property on which the lease area of the communications facility lies. The list shall be compiled from the Harney County tax assessor’s most recent property tax assessment roll.

B. Demonstrate the need for the new communications facility and why alternative locations and design alternatives, such as the use of alternative technology, cannot be used to meet the identified service objectives, pursuant to subsection (3) of this section, unless the applicant demonstrates compliance with stealth design requirements on an existing communications facility or alternative tower structure as specified in subsection (5) of this section.

C. A visual study containing, at a minimum, a vicinity map depicting where, within a half-mile radius, any portion of the proposed communications facility could be visible, and a photographic simulation showing the appearance of the proposed communications facility and accessory structures from two separate points within the impacted vicinity, accompanied by an assessment of potential mitigation measures. Such points shall be selected by the City. The applicant shall include a map showing where the photos were taken. The study shall show the maximum silhouette, view shed analysis, color and finish palette, and proposed screening for all components of the facility.

D. Documentation of the steps that will be taken to minimize the visual impact of the proposed communications facility, including but not limited to the use of stealth technology, to minimize adverse aesthetic and visual impacts on the land, property and buildings adjacent to, surrounding, and in the general vicinity of the requested location of such communications facilities, using the least visually and physically intrusive communications facility that is not technologically or commercially impracticable under the facts and circumstances.

E. The applicant shall include an inventory of all existing communications facilities within the Burns City limits and the surrounding one-mile radius thereof, including ownership and information concerning the type of communications facility for each.

F. The applicant shall identify the geographic service area for the proposed communications facility, including a map showing all the applicant’s existing sites in the local service network associated with the gap the communications facility is meant to close. The applicant shall describe how this service area fits into and is necessary for the service provider’s service network.

G. If a new tower is proposed, a feasibility study for the collocation of the communications facility as an alternative to a new structure. The feasibility study shall include:

(1) Documentation of the efforts that have been made to collocate on existing or previously approved towers. Each applicant shall make a good faith effort to contact the owner(s) of all existing or approved towers and shall provide a list of all owners contacted in the area, including the date, form, and content of such contact.

(2) Documentation as to why collocation on existing or proposed towers or location on an alternative tower structure is not practical or feasible. Collocation shall not be precluded simply because a reasonable fee for shared use is charged or because of reasonable costs necessary to adapt the existing and proposed uses to a shared tower or alternative tower structure. The City may consider expert testimony to determine whether the fee and costs are reasonable. Collocation costs exceeding new tower development are presumed to be unreasonable.

H. If a new tower is proposed, a report from a licensed engineer containing the following information:

(1) A description of the proposed tower height and design, including technical, engineering, and other pertinent factors governing selection of the proposed design. A cross-section of the proposed tower structure shall be included. The engineer shall document that the design is sufficient for future collocation requirements.

(2) The total anticipated capacity of the tower in terms of the number and types of antennas which can be accommodated. The engineer shall also describe any limitations on the ability of the tower to accommodate collocation. The engineer shall describe the technical options available to overcome those limitations and reasons why the technical options considered were not used.

(3) Documentation from a licensed professional engineer that the proposed tower will have sufficient structural integrity for the proposed uses at the proposed location, in conformance with the minimum safety requirements of the State Structural Specialty Code, latest adopted edition at the time of the application.

I. A written narrative that describes in detail all the equipment and components to be included in the facility, e.g., antenna(s) and arrays, equipment cabinet(s), back-up generator(s), air conditioning unit(s), lighting, fencing, etc.

J. Noise/Acoustical Information. Provide manufacturer’s specifications for all noise generating equipment such as air conditioning units and back-up generators, and a depiction of the equipment location in relation to adjoining properties.

K. A landscape plan drawn to scale that is consistent with the need for screening at the site. Existing vegetation that is to be removed must be clearly indicated and provisions for mitigation included where appropriate.

L. Show the designated driveway and vehicular circulation pattern for maintenance vehicles and equipment.

M. Construction. Describe the anticipated construction techniques and time frame for construction or installation of the communications facilities. This narrative shall include all temporary staging and the type of vehicles and equipment to be used.

N. Lease. Provide a copy of the lease agreement with the property owner of the proposed site.

O. Lighting and Marking. Any proposed lighting and marking of the facility, including any required by the FAA.

P. FCC License. Provide a copy of the applicant’s FCC license and/or construction permit, if an FCC license and/or construction permit is required for the proposed communications facility, including documentation showing that the applicant is in compliance, both cumulatively and individually, with all the FCC’s RF emissions safety standards.

Q. A description of anticipated long-term maintenance needs, including frequency of service, personnel needs, equipment needs and potential safety impacts of such maintenance.

R. A written document addressing how the project satisfies the general development standards listed in subsection (6) of this section, and the approval criteria listed in subsection (7)(B) of this section.

S. A facility maintenance plan indicating: the number of days; hours of the day; duration; type of vehicles and equipment that will be utilized; and, the anticipated noise, dust, and glare that will be associated with regular maintenance of the communications facility to ensure normal operation. Regular maintenance to ensure normal operation shall only occur between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday (Sunday not permitted). Notwithstanding these restrictions, regular maintenance does not include unanticipated emergency situations of communications facility failure outside of normal communications facility maintenance hours specified herein and/or indicated in the communications facility maintenance plan.

T. The materials required by subsection (12) of this section.

U. The City may request any other information deemed necessary to fully evaluate and review the application and the potential impact of a proposed communications facility.

5. Collocation. Communications facility towers shall be designed to accommodate collocation of additional provider’s antennas.

A. All communications facility towers over 50 feet in height shall be designed to accommodate collocation of additional antennas/antennas arrays.

B. At least one future antenna/antennas arrays must be accommodated on any tower over 50 feet in height with accommodation for at least one additional future antenna/antennas array for each additional 25 feet in height above 50 feet.

C. All collocated communications facilities shall be designed in such a way as to be visually compatible with the tower structures on which they are placed.

D. All accessory equipment shall be located within the existing enclosure, shall not result in any exterior changes to the enclosure and, in residential and public facility zones adjacent to a residential zone, shall not include any additional above grade equipment structures.

E. Collocation on an alternative tower structure in a residential or public facility zone adjacent to a residential zone shall require a stealth design.

6. General Development Standards. All new communications facilities shall be found to comply with the following standards:

A. Visual Impact.

(1) Tower Height. The maximum tower height shall not exceed 150 feet, as measured from the ground elevation to the highest point of the tower or any attachment thereto, except that in residential and public facility zones adjacent to a residential zone, no portion of the communications facility shall exceed 50 feet in height, except where such communications facility is sited on an alternative tower structure. This exemption notwithstanding, the height and mass of the transmission tower shall be the minimum which is necessary for its intended use, as demonstrated in a report prepared by a licensed professional engineer. A communications facility that is attached to an alternative tower structure shall not exceed the height of the alternative tower structure by more than 10 feet, except that for location or collocation on alternative tower structures in residential or public facility overlay zones adjacent to a residential zone, no increase in height shall be allowed.

(2) Visual Impact. The applicant shall demonstrate that the tower can be expected to have the least visual impact on the environment, taking into consideration technical, engineering, economic and other pertinent factors. The blocking or impairing of views from other properties shall be taken into consideration in the siting of a tower, and it shall be demonstrated that no other practicable alternative exists. The siting shall be made to minimize the effect on all view corridors, including reducing the height to only that which is needed to provide service. Towers clustered on the same site shall be of similar height and design, whenever possible, unless an existing tower does not conform with the standards included in this section, in which case the standards of this section shall apply to the new tower.

(3) Paint and Finish.

(a) A camouflage or stealth design that blends with the surrounding area shall be utilized for communications facilities unless an alternative design is approved during the land use review process. If an alternative design is approved, all towers, antennas and associated equipment shall be painted a nonreflective, neutral color as approved through the review process. Communications facilities attached to structures shall be painted so as to be identical to or compatible with the existing structure.

(b) Where ancillary facilities are allowed under this zoning title to be visible, they shall be colored or surfaced so as to blend the facilities with the surrounding natural and built environment, and where mounted on the ground shall be otherwise screened from public view or placed underground.

(4) If approved in a residential or public facility overlay zone adjacent to a residential zone, all equipment and ancillary facilities necessary for the operation of and constructed as part of a communications facility shall be placed within an underground vault specific to the purpose. For communications facilities required to be approved as stealth facilities, no fencing around the communications facilities shall be allowed.

(5) Unenclosed storage of materials is prohibited.

(6) Other building facilities, including offices, vehicle storage areas or other similar uses not necessary for transmission or relay functions, are prohibited in residential or public facility zones adjacent to a residential zone.

(7) Stealth design shall be required for location or collocation on alternative tower structures in all residential and public facility overlay zones adjacent to a residential zone.

B. Site Size.

(1) The site on which a transmission tower is located shall be of a sufficient shape and size to provide adequate setbacks as specified below.

(2) Wherever possible, tower sites shall be large enough and structurally sufficient to allow for additional collocated and ancillary facilities, unless a finding is made by the City as part of the land use review process that the tower will not accommodate future collocation when considering requirements for visual screening. This standard shall not apply to antennas attached to existing structures or towers located on rooftops.

C. Setbacks and Separation.

(1) Setbacks. The following setbacks from adjacent property lines, dwellings, streets, and zone boundaries are required:

(a) Except where attached to a structure or building, all towers shall be set back from all buildings, structures, property lines and public streets by a distance equal to or greater than the height of the tower.

(b) Except where permitted in a residential zone or public facility overlay zone adjacent to a residential zone, all towers shall be set back from a residential or public facility overlay zone adjacent to a residential zone boundary by a distance equal to or greater than 500 feet.

(c) Should the use of concealment technology be implemented, or if the communications facility is integrated into an existing or proposed structure, such as church steeple, electrical transmission tower, or other structure, the Planning Commission may reduce or waive the setback requirements.

(d) Towers are prohibited in the required front yard, back yard, or side yard setback of any lot in any zone.

(2) Separation.

(a) Freestanding communications facilities located on sites containing other principal uses must maintain a minimum distance between the tower and other principal uses of the greater of 20 percent of the tower height or 25 feet, unless during the permit review process this requirement is specifically waived by the Planning Commission for purposes of mitigating visual impacts or improving compatibility with other uses on the property.

(b) Towers and antennas that are mounted on alternative tower structures shall be exempt from these minimum separation and setback requirements. However, communications facilities and related equipment may be required to be set back from the edge of the roof line in order to minimize their visual impact on surrounding properties.

D. Lighting. No lighting shall be permitted on transmission towers except that required by the Oregon State Aeronautics Division or the Federal Aviation Administration.

E. Signs. All signs are prohibited on communications facilities, except for nonilluminated signage, not to exceed two square feet, which shall be provided at the main entrance to the communications facility stating owner’s name and address, and a contact name and phone number for emergency purposes or any other warning and safety signage. No more than two signs are permitted unless required by law.

F. Security. All communications facilities, other than those located or collocated on an alternative tower structure or otherwise required to be built as a stealth design, shall be enclosed by a decay-resistant security fence six feet in height or as conditionally required. Fencing shall be compatible with other nearby fencing. Such requirements may be waived for attached communications facilities.

G. Landscaping. Landscaping shall be placed around the outside perimeter of the security fencing and shall consist of fast growing vegetation that can be expected to reach a minimum height of six feet and form a continuous hedge within two years of planting. Drought tolerant landscaping materials shall be required, and applicant shall maintain a watering regimen until it is no longer necessary to ensure the continued survival of the landscaping. Trees and shrubs in the vicinity of guy wires shall be of a kind that would not exceed 20 feet in height and would not affect the stability of the guys should they be uprooted. Landscaping shall be compatible with other nearby landscaping. Continued maintenance of all landscaping is required and deemed the applicant’s responsibility and any approval shall be so conditioned.

H. Conflict with Planned Right-of-Way. No communications facility shall be located within a planned or existing public right-of-way, unless it is specifically designed for the purpose in a way that will not impede pedestrian or vehicular traffic.

I. A paved access driveway a minimum of 26 feet in width and a paved vehicular circulation area suitable to accommodate anticipated service vehicles and turnaround shall be provided between the public right-of-way and the communications facility site. Communications facilities approved in industrial zones may have unpaved driveways and vehicular circulation areas.

J. Preexisting Towers/Nonconforming Use. In order to encourage the collocation of antennas on existing towers, all communications facilities lawfully approved and operative prior to the adoption date of the ordinance codified in this title shall be allowed to continue in use without being considered to be nonconforming uses. Any changes, modifications or replacement to/of an existing tower, or alternative tower structure, other than routine maintenance, shall comply with the requirements of this section.

K. Speculation Tower. No application shall be accepted or approved for a tower, unless the applicant submits a binding written commitment or executed lease from a service provider to utilize or lease space on the tower.

L. If the City of Burns approves a new tower, the owner of the tower shall, as conditions of approval, be required to:

(1) Respond in a timely, comprehensive manner to a request for information from a potential shared use applicant;

(2) Negotiate in good faith with any potential user for shared use of space on the tower;

(3) The above conditions, and any others required by the City, shall run with the land, and be binding on subsequent purchasers of the tower site and/or improvement; and

(4) A person/entity who/which deems himself/herself/itself aggrieved by the failure of a tower owner to respond in a timely and comprehensive manner or negotiate in good faith for shared use of a tower approved by the City under this title or any previous iteration of this title shall have a private right of action for damages for injury sustained by the party which was caused by the failure of the owner of the tower to so respond or negotiate in good faith as required by this section. In the resulting private litigation/mediation/arbitration, the prevailing party shall be entitled to have his/her/its reasonable attorney fees paid by the non-prevailing party at the trial level and upon appeal.

7. Review Process and Approval Criteria. The following procedures shall be applicable to all new communications facility applications as specified in this section:

A. All new communications facilities shall be reviewed as a conditional use decision. Applications for new communications facilities shall be processed in accordance with the provisions of Chapter 18.20, Article III.

B. Approval Criteria. In addition to the requirements for conditional use approval, the City shall approve the application for a communications facility on the basis that the proposal complies with the general development standards listed in subsection (6) of this section, and upon a determination that the following criteria are met:

(1) The location is the least visible of other possible locations and technological design options that achieve approximately the same signal coverage objectives;

(2) The location, size, design, and operating characteristics of the proposed communications facility will be compatible with adjacent uses, residences, buildings, and structures, with consideration given to:

(a) Scale, bulk, coverage and density;

(b) The harmful effect, if any, upon neighboring properties;

(d) Any other relevant impact of the proposed use in the setting where it is proposed (i.e., noise, glare, traffic, etc.).

(3) All required public facilities and services have adequate capacity as determined by the City, to serve the proposed communications facility.

C. The City may impose any other reasonable condition(s) deemed necessary to achieve compliance with the approval standards. If compliance with all of the applicable approval criteria cannot be achieved through the imposition of reasonable conditions, the application shall be denied.

D. Notwithstanding any other provisions of this title, the Burns City Council may establish fees in amounts sufficient to recover all the City’s costs in reviewing applications filed pursuant to this section, including retaining independent telecommunication or other professional consultants as may be necessary to review and evaluate any evidence offered as part of an application. Such fees may be imposed during the review of an application as deemed appropriate by the City Planning Department.

8. Exemptions. The following shall be considered exempt structures or activities under this section:

A. Whip or other similar antennas no taller than six feet.

B. Residential-scale antennas (including direct-to-home satellite dishes, TV antennas, and wireless cable antennas) used by viewers to receive video programming signals from direct broadcast facilities, broadband radio service providers, and TV broadcast stations regardless of zone category.

C. Low-powered networked telecommunications facilities such as microcell radio transceivers located on existing utility poles and light standards within public rights-of-way. Low-powered networked telecommunications facilities shall comply with this section.

D. All military, federal, state, and local government communications facilities except for towers in residential zones.

E. Cell on wheels (COW), which are permitted as temporary uses in nonresidential zones for a period not to exceed 14 days, or during a period of emergency as declared by the City, county, or state.

F. Replacement antennas and/or equipment, provided the replacement antennas and/or equipment have a function similar to the replaced antenna and/or equipment and do not exceed the overall size of the original antenna and/or equipment.

G. Amateur radio stations as defined by the Federal Communications Commission, Part 97 of the Commission’s Rules.

9. Maintenance. The following maintenance requirements apply to all communications facilities and shall be required as conditions of approval, where applicable:

A. All landscaping shall be maintained at all times and shall be promptly replaced if not successful.

B. If a flagpole is used for camouflaging a facility, flags must be flown and must be properly maintained at all times.

C. All communications facility sites shall be kept clean, free of litter and noxious weeds.

D. All communications facility sites shall maintain compliance with current RF emission standards of the FCC, the National Electrical Safety Code, and all state and local regulations.

E. All equipment cabinets shall display a legible operator’s contact number for reporting maintenance problems.

F. The owner/operator of the facility shall submit a yearly maintenance report to the Planning Commission secretary indicating that all statements of operation as specified in the land use application, including the communications facility maintenance plan required by subsection (4)(S) of this section, and all conditions of approval are being complied with and met.

10. Eligible Modifications.

A. Requests to modify a communications facility, including adding additional antennas, alterations to accessory buildings, cabinets, and other infrastructure in a manner that will not substantially change the physical dimensions of the tower shall be considered an “eligible modification.”

B. For purposes of this section, “substantial change” shall mean:

(1) A proposed modification that would increase the existing height of the communications facility by more than 10 percent, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater (may exceed these size limits if necessary to avoid interference with existing antennas);

(2) A proposed modification that would involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four, or more than one new equipment shelter;

(3) A proposed modification that would involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater (may exceed these size limits if necessary to shelter the antenna from inclement weather or connect the antenna to the tower via cable); or

(4) A proposed modification that would involve excavation outside the current tower site, defined as the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site.

C. The City may impose any reasonable condition(s) deemed necessary to achieve compliance with the approval standards except that the City may not place any condition on the tower supporting the eligible modification (i.e., relocation, additional camouflaging, etc.).

D. Eligible Modification Application Requirements.

(1) Any proposal for an eligible modification shall require the submittal requirements as an application for a new communications facility to the extent applicable as determined by City staff.

(2) An application for an eligible modification shall be reviewed to determine whether the proposal constitutes an eligible modification, and that the eligible modification would not violate any applicable objective setback or height requirement otherwise established by this section.

(3) Nothing herein is intended or shall operate to waive or limit the City’s right to enforce, or condition approval on, compliance with generally applicable building, structural, electrical, and safety codes and with other laws codifying objective standards reasonably related to health and safety.

11. Other Modifications. All modifications other than eligible modifications shall be processed as a conditional use approval with the same submittal requirements and evaluation criteria as a new communications facility except that only the criteria applicable to the proposed modification shall be evaluated.

12. Abandoned Facilities.

A. All operators who intend to abandon or discontinue the use of any communications facility shall notify the City of such intentions no less than 60 days prior to the final day of use.

B. Communications facilities shall be considered abandoned 90 days following the final day of use or operation.

C. All abandoned communications facilities shall be physically removed by the facility owner no more than 90 days following the final day of use or of determination that the communications facility has been abandoned, whichever occurs first.

D. In the event that an owner discontinues use of a communications facility for more than 90 days, the City may declare the communications facility abandoned and require the property owner to remove it. An abandoned communications facility may be declared a nuisance subject to the abatement procedures in Chapter 8.10. Delay by the City in taking action shall not in any way waive the City’s right to take action. Upon written application prior to the expiration of the 90-day period, the City Manager or their designee may grant a six-month extension for reuse of the communications facility. Additional extensions beyond the first six-month extension may be granted by the City subject to any conditions required to bring the project into compliance with current law(s) and make it compatible with surrounding development.

E. Any abandoned site shall be restored to its natural or former condition. Grading and landscaping in good condition may remain.

F. As a condition of approval for a new communications facility, the applicant shall submit a cash deposit or equivalent surety to be held by the City as security for abatement of the communications facility as specified herein. The security shall be equal to 120 percent of the estimated cost for removal of the communications facility and restoration of the site. Cost estimates for the removal shall be provided by the applicant based on an independent, qualified engineer’s analysis and shall be verified by the City. Upon completion of the abandonment of the communications facility by the applicant as specified by this section, and inspection by the City, the entirety of the cash deposit/other surety shall be returned to the applicant.

G. The applicant for a new communications facility shall provide an affidavit, signed by the property owner, indicating that the owner has read, and understands, subsections (12)(A) through (12)(E) of this section. [Ord. 23-887 (Exh. A), 2023]

18.30.285 Night watchman quarters.

1. A manufactured dwelling, provided it meets City and State standards for safety and construction, may be used as a permanent residence for employees of businesses or property owners in the General Commercial (GC), Business Park (BP), and Industrial (I) zoning districts when their presence is required for security purposes by the employer 24 hours a day; provided the following standards are met.

A. A permanent foundation shall be provided for the manufactured dwelling unless it will be used for less than 120 days.

B. The manufactured dwelling shall be removed from the premises within 30 days if the business requiring security personnel or the property owner ceases operation.

C. The manufactured dwelling shall meet the placement and flood hazard area standards of Section 18.30.260. [Ord. 23-887 (Exh. A), 2023]

18.30.290 Short-term rental in residential zones.

1. No more than one short-term rental may be located on any one City block within a residential zone.

2. A City of Burns business license is required for the operation of a short-term rental.

3. Owners of short-term rentals are also subject to any additional regulations, fees, and taxes that may be adopted by the City of Burns related to short-term rentals. Please contact the City Clerk for any such requirements. [Ord. 23-887 (Exh. A), 2023]

18.30.295 Recreational vehicle park.

A recreational vehicle park shall be built to state standards in effect at the time of construction and shall comply with the following provisions:

1. Use Standards.

A. The minimum size for any new recreational vehicle park shall not be less than four net acres.

B. No recreational vehicle park or overnight use area shall be permitted with access from any unpaved street and the primary route from the nearest arterial or collector street shall be paved for its entire length.

C. The design of recreational vehicle parks shall be subject to site plan review approval and criteria.

D. Management headquarters, recreational facilities, swimming pools, common restrooms, dumping stations, showers, coin-operated laundry facilities, and other uses and structures customarily incidental to the operation of a recreational vehicle park are permitted as accessory uses to the park.

2. Design Standards.

A. The maximum density of an RV park shall be 12 spaces per acre.

B. Adequate emergency vehicle access shall be assured and circulation through the RV park shall be convenient and efficient for the largest RVs the park is intended to serve; intended RV size shall be based on the length of the longest RV spaces within the park.

C. All on-site circulation shall be paved with asphalt, concrete, or similar impervious surface, and designed to permit easy access to each recreational vehicle space.

D. Entrance driveways shall be located not closer than 150 feet from the intersection of public streets.

E. A space provided for a recreational vehicle shall be covered with dust-free crushed gravel, or paved with asphalt, concrete or similar materials, and be designed to provide runoff of surface water. The portion of the space not occupied by a recreational vehicle and 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.

F. Each recreational vehicle space shall be provided with piped, potable water and sewage disposal service, and electrical power.

G. Trash receptacles for the disposal of solid waste material shall be provided in convenient locations for the use of guests of the park and shall be of such capacity and number so that there is no accumulation of uncovered trash at any time. Trash shall be removed from the property on a scheduled basis to prevent health hazard or nuisance.

H. Occupancy or placement extending beyond 30 days in any 12-month period shall be presumed to be permanent occupancy and is not permitted in an RV park. The City Council may permit a longer occupancy or placement for an entire RV park for construction workers for a specific construction project; the Council shall issue a resolution identifying the construction project and shall specify in the resolution the time period under which the standard limitations for occupancy or placement may be extended.

I. Any action toward removal of wheels of a recreational vehicle except for temporary purposes of repair is prohibited.

J. The total number of personal vehicle parking spaces in the park, exclusive of parking provided for the exclusive use of the manager or employees of the park, shall be equal to one space per recreational vehicle space. Personal vehicle parking spaces shall be covered with crushed gravel, or paved with asphalt, concrete, or similar material, providing a dust-free surface.

K. The recreational vehicle park shall provide common use restroom facilities that include toilets, lavatories and showers for each sex as required by the State Building Agency Administrative Rules, Chapter 918. Such facilities shall be lighted at all times of night and day, shall be ventilated, and shall be provided with adequate floor drains to permit easy cleaning.

L. Recreational vehicles shall be separated from each other and from other structures by at least eight feet. Accessory structures such as attached awnings or individual storage facilities shall, for purposes of this separation requirement, be considered to be part of the recreational vehicle.

M. The recreational vehicle park shall be enclosed by a fence, wall, landscape screening, earth mounds, or by other designs which will complement the landscape and assure compatibility with surrounding properties. [Ord. 23-887 (Exh. A), 2023]

Article III. Overlay Zones

18.30.300 Overlay zones.

Overlay zones function to provide additional or alternative use or development standards within the overlay. [Ord. 23-887 (Exh. A), 2023]

18.30.310 Purpose.

The purpose of overlay zones is to have a Zoning Map and corresponding development code that reflects unique conditions or planning objectives in specific geographies that work with the base zone that otherwise applies to the area. [Ord. 23-887 (Exh. A), 2023]

18.30.315 Applicability.

Overlay zones are those zones depicted on the Official Zoning Map of the City of Burns. Areas within the overlay zone are subject to the regulations of the overlay zone which are additive to the base zoning district regulations, except where the overlay zone language specifically states where the overlay zone is intended to exempt certain requirements or establish alternative requirements to the base zone. [Ord. 23-887 (Exh. A), 2023]

18.30.320 Public Facilities (PF) Overlay.

1. Purpose. To provide a zoning overlay for government, public utility, and quasi-public uses which can be held or developed by public agencies, utilities, and non-profit entities; and to assure that such public facility development occurs in a manner compatible with surrounding uses while ensuring needed public and quasi-public uses and utilities are provided within the City of Burns.

2. Zoning Criteria.

A. The land where the PF overlay is located must be owned by a government, or utility, or non-profit, or be under contract for purchase by such entity. In the contract for purchase case, the effective date set forth in the zoning overlay action shall be 15 days after the entity closes on the purchase contract.

B. The approving authority for a new PF overlay request shall conclude the proposed overlay area is appropriate in size and location for the contemplated use; the applicant shall set forth the contemplated use within the overlay.

C. The approving authority for a new PF overlay request shall conclude that any potential adverse impacts on surrounding properties are outweighed by the public benefit expected to accrue from the zoning overlay application to serve the contemplated uses.

3. Uses Permitted Outright. In a PF overlay zone, uses which might otherwise be disallowed or require a conditional use permit are considered permitted uses subject to compliance with this overlay. Within a PF overlay, uses listed in Table 18.30.130 as public/community/institutional uses that existed on the date of adoption of the ordinance codified in this title and uses reasonably related to that use are considered permitted uses. For new PF overlay zoning districts, the contemplated use for the PF overlay and uses reasonably related to that use are considered permitted uses. All other uses permitted in the underlying zone shall continue to be authorized.

4. Limitations on Uses. All public facility and service uses in a PF zone shall be subject to the site design review requirements of Chapter 18.20, Article II. No additional limitations shall apply to uses permitted in the underlying zone other than those specifically applicable to said zone.

5. Dimensional Standards. In a PF zone, the dimensional standards of the CG zone in Table 18.50.100.4 shall apply for public facility and services uses. The dimensional standards for the underlying zone shall apply to all other uses.

6. Parking. In a PF zone, the off-street parking and loading requirements of Section 18.50.400 shall apply to public facilities and services. The parking requirements of the underlying zone shall apply to all other uses.

7. Site Plan Review. In a PF zone, a site design review pursuant to Chapter 18.20, Article II, shall be required prior to issuance of any building permit for improvement, expansion, or construction of permitted uses in said zones. [Ord. 23-887 (Exh. A), 2023]

18.30.325 Flood hazard area.

1. Purpose. 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 provisions designed:

A. To protect human life and health;

B. To minimize expenditure of public money and costly flood control projects;

C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

D. To minimize prolonged business interruptions;

E. 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;

F. To 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;

G. To ensure that potential buyers are notified that property is in an area of special flood hazard;

H. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

2. Definitions Specific to the City of Burns Flood Hazard Regulations. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage. The defined terms below are specific to administration of the City of Burns flood hazard regulations. The definitions in this section do not apply generally to the balance of the City of Burns Zoning Ordinance.

“Area of shallow flooding” means a designated Zone AO, AH, AR/AO or AR/AH on a community’s flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

“Area of special flood hazard” means the land in the floodplain area within a community subject to a one percent or greater chance of flooding in any given year. It is shown on the flood insurance rate map (FIRM) as Zone A, AO, AH, A1-30, AE, A99, AR. “Special flood hazard area” is synonymous in meaning and definition with the phrase “area of special flood hazard.”

“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year.

“Base flood elevation (BFE)” means the elevation to which floodwater is anticipated to rise during the base flood.

“Basement” means any area of the building having its floor subgrade (below ground level) on all sides.

“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 a building or mining operation, making a material change in the use or appearance of a structure or land, dividing land into two or more parcels, including partitions and subdivisions as provided in ORS 92.010 to 92.285, and creating or terminating a right of access. “Development” also means any manmade change to improved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.

“Elevated building” means, for insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

“Flood” or “flooding” means:

A. A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters.

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

(3) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (A)(2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

B. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (A)(1) of this definition.

Flood Elevation Study. See “flood insurance study (FIS).”

“Flood insurance rate map (FIRM)” means the official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).

“Flood insurance study (FIS)” means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

“Floodplain variance” means a grant of relief by the City of Burns from the terms of a floodplain area management regulation.

“Floodplain violation” means the failure of a structure or other development to be fully compliant with the community’s floodplain area management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this section is presumed to be in violation until such time as that documentation is provided.

“Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

“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 a designated height. Also referred to as “regulatory floodway.”

“Functionally dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

“Historic structure” means any structure that is:

A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(1) By an approved state program as determined by the Secretary of the Interior; or

(2) Directly by the Secretary of the Interior in states without approved programs.

E. A structure designated as a historic structure in the City of Burns Comprehensive Plan, pursuant to Statewide Planning Goal 5.

“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 section.

“Manufactured dwelling” 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 dwelling” does not include a “recreational vehicle” and is synonymous with “manufactured home.”

“Mean sea level” means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s flood insurance rate map are referenced.

Special Flood Hazard Area. See “area of special flood hazard” for this definition.

“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.

3. General Provisions.

A. Lands to Which the City of Burns Floodplain Area Ordinance Applies. This section shall apply to all special flood hazard areas within the jurisdiction of the City of Burns.

B. Basis for Establishing the Special Flood Hazard Areas. The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and engineering report entitled “The Flood Insurance Study (FIS) for Harney County, Oregon and Incorporated Areas,” dated April 20, 2022, with accompanying flood insurance rate maps (FIRMs) 41025CIND1A, 41025CIND2A, 41025C1402E, 41025C1404E, 41025C1406E, and 41025C1408E, are hereby adopted by reference and declared to be a part of this section. The FIS and FIRM panels are on file at the Planning and Zoning Department located in City Hall.

4. Coordination with State of Oregon Specialty Codes. Pursuant to the requirement established in ORS 455 that the City of Burns administers and enforces the State of Oregon Specialty Codes, the City of Burns does hereby acknowledge that the Oregon Specialty Codes contain certain provisions that apply to the design and construction of buildings and structures located in special flood hazard areas. Therefore, this section is intended to be administered and enforced in conjunction with the Oregon Specialty Codes.

5. Abrogation and Severability.

A. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

B. This section and the various parts thereof are hereby declared to be severable. If any section, clause, sentence, or phrase of this section is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this section.

6. Warning and Disclaimer of Liability. The degree of flood protection required by this section 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 section 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 section shall not create liability on the part of the City of Burns, any officer or employee thereof, or the Federal Insurance Administrator for any flood damages that result from reliance on this section or any administrative decision lawfully made hereunder.

7. Administration. The City Manager (or their designee) is appointed to administer, implement, and enforce the City of Burns flood hazard regulations by granting or denying development permits in accordance with its provisions. The administrative duties, responsibilities, and requirements have been adopted by City resolution, which may be amended from time to time, and is hereby incorporated by reference.

8. Establishment of Development Permit. A floodplain development permit shall be obtained before construction or development begins within any area horizontally within the special flood hazard area established in subsection (3)(B) of this section. The development permit shall be required for all structures, including manufactured dwellings, and for all other development, as defined in subsection (2) of this section, including fill and other development activities.

9. Application for Floodplain Development Permit. Application for a development permit shall be made on forms furnished by the Floodplain Administrator. The application requires reproducible site plan(s) 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 along with any other information required by the City of Burns development ordinance for the relevant land use application. The site plan(s) shall be prepared and sealed by an Oregon registered professional engineer or Oregon registered professional land surveyor. Specifically, at least the following information is required:

A. The applicant shall provide a site plan that depicts proposed elevation (in relation to mean sea level) of the lowest floor (including basement) and all attendant utilities of all new and substantially improved structures.

B. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed.

C. Certification by a registered professional engineer or architect licensed in the state of Oregon that the floodproofing methods proposed for any nonresidential structure meet the floodproofing criteria for nonresidential structures in subsection (15)(C)(3) of this section.

D. Description of the extent to which any watercourse will be altered or relocated.

E. Base flood elevation data for subdivision proposals or other development when required per subsection (14)(F) of this section.

F. Substantial improvement calculation for any improvement, addition, reconstruction, renovation, or rehabilitation of an existing structure.

G. The amount and location of any fill or excavation activities proposed.

H. For development proposed in mapped floodplains without established base flood elevations, the applicant shall provide a report from an Oregon registered professional engineer that calculates the base flood elevation based upon methodologies consistent with FEMA guidance.

10. Floodplain Area Development Permit Criteria. Floodplain development permits shall be approved for permitted uses in the applicable zone for the requested floodplain development permit if all applicable criteria in this section are satisfied. Floodplain development permits may be approved for conditional uses in the applicable zone for the requested floodplain development permit if all applicable criteria in this section are satisfied.

A. The application includes all required site plan, survey and engineering information required by subsection (9) of this section; and

B. The application includes evidence and findings that demonstrate the proposed development complies with all applicable floodplain development standards; or

C. The application includes evidence and findings demonstrating how the proposed development can be found to satisfy the floodplain development permit variance criteria and the approving authority for the application concludes the below floodplain development permit variance criteria are satisfied.

In addition to satisfaction of the above criteria, the City of Burns may impose conditions of approval to assure applicable floodplain development permit standards and criteria will be satisfied by the proposed development. The City may also impose conditions of approval requiring the applicant to furnish documentation as part of the development process to satisfy the City’s floodplain administration responsibilities.

11. Floodplain Variance Procedure. The issuance of a variance is for floodplain development permit purposes only and it is the only applicable variance criteria for floodplain development permit variance. The criteria for floodplain development permit variance are limited to the extent of the requested variance related to floodplain development permit regulations only. Flood insurance premium rates are determined by federal statute according to actuarial risk and will not be modified by the granting of a variance.

12. Floodplain Development Permit Variance Criteria. Generally, variances may be issued 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, in conformance with the provisions of subsections (12)(B), (12)(D) and (13) of this section. As the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases.

A. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

B. Variances shall not be issued within any floodway if any increase in flood levels during the base flood discharge would result.

C. Variances shall only be issued upon:

(1) A showing of good and sufficient cause;

(2) A determination that failure to grant the variance would result in exceptional hardship to the applicant;

(3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.

D. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use; provided, that the criteria of subsections (12)(A) through (12)(C) of this section are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

13. Floodplain Variance Notification. Any applicant to whom a variance is granted shall be given written notice that the issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance and that such construction below the base flood elevation increases risks to life and property. Such notification and a record of all variance actions, including justification for their issuance, shall be maintained by the Floodplain Administrator.

14. Provisions for Flood Hazard Reduction. In all special flood hazard areas, the following standards shall be adhered to:

A. Alteration of Watercourses. The applicant shall provide detailed study and site plan that extends above and below the project area that demonstrates the flood carrying capacity within the altered or relocated portion of said watercourse is maintained. This study shall be prepared by an Oregon registered professional engineer and shall document consistency with applicable FEMA guidance for analyzing the flood carrying capacity based upon the scope and extent of the project. The study shall recommend maintenance best practices within the altered or relocated portion of said watercourse to ensure that the flood carrying capacity is not diminished.

B. Anchoring.

(1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(2) All manufactured dwellings shall be anchored per subsection (15)(C)(4) of this section.

C. Construction Materials and Methods.

(1) 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.

D. Utilities and Equipment.

(1) Water Supply, Sanitary Sewer, and On-Site Waste Disposal Systems.

(a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(b) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.

(c) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding consistent with the Oregon Department of Environmental Quality.

(2) Electrical, Mechanical, Plumbing, and Other Equipment.

(a) Electrical, heating, ventilating, air-conditioning, plumbing, duct systems, and other equipment and service facilities shall be elevated above the base flood level one foot or more, or shall be designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during conditions of flooding. In addition, electrical, heating, ventilating, air-conditioning, plumbing, duct systems, and other equipment and service facilities shall meet all the requirements of this section if replaced as part of a substantial improvement.

E. Tanks.

(1) Underground tanks shall be anchored to prevent flotation, collapse, and lateral movement under conditions of the base flood.

(2) Above-ground tanks shall be installed above the base flood level one foot or more, or shall be anchored to prevent flotation, collapse, and lateral movement under conditions of the base flood.

F. Subdivision Proposals and Other Proposed Developments. All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) greater than 50 lots or five acres, whichever is the lesser, shall include within such proposals base flood elevation data for each parcel proposed for development.

G. Use of Other Base Flood Elevation Data. When base flood elevation data has not been provided in accordance with subsection (3) of this section, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation data available from a federal, state, or other source, in order to administer this subsection (14). All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) must meet the requirements of subsection (14)(F) of this section.

Base flood elevations shall be determined for development proposals that are five acres or more in size or are 50 lots or more, whichever is lesser, in any A Zone that does not have an established base flood elevation. Development proposals located within a riverine unnumbered A Zone shall be reasonably safe from flooding; the test of reasonableness includes use of historical data, high water marks, FEMA provided base level engineering data, and 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.

H. Structures Located in Multiple or Partial Flood Zones. In coordination with the State of Oregon Specialty Codes:

(1) When a structure is located in multiple flood zones on the City of Burns’ flood insurance rate maps (FIRMs), the provisions for the more restrictive flood zone shall apply.

(2) When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements for new construction and substantial improvements.

15. Specific Standards for Riverine Flood Zones. These specific standards shall apply to all new construction and substantial improvements in addition to the general standards contained in subsection (14) of this section.

A. Flood Openings. All new construction and substantial improvements with fully enclosed areas below the lowest floor (excluding basements) are subject to the following requirements. Enclosed areas below the base flood elevation, including crawl spaces, shall:

(1) Be designed to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters;

(2) Be used solely for parking, storage, or building access;

(3) Be certified by a registered professional engineer or architect or meet or exceed all of the following minimum criteria:

(a) A minimum of two openings.

(b) The total net area of nonengineered openings shall be not less than one square inch for each square foot of enclosed area, where the enclosed area is measured on the exterior of the enclosure walls.

(d) Openings may be equipped with screens, louvers, valves, or other coverings or devices; provided, that they shall allow the automatic flow of floodwater into and out of the enclosed areas and shall be accounted for in the determination of the net open area.

(e) All additional higher standards for flood openings in the State of Oregon Residential Specialty Codes Section R322.2.2 shall be complied with when applicable.

B. Garages.

(1) Attached garages may be constructed with the garage floor slab below the base flood elevation (BFE) in riverine flood zones, if the following requirements are met:

(a) If located within a floodway the proposed garage must comply with the requirements of subsection (16) of this section;

(b) The floors are at or above grade on not less than one side;

(d) The garage is constructed with flood openings in compliance with subsection (15)(A) of this section to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater;

(e) The portions of the garage constructed below the BFE are constructed with materials resistant to flood damage;

(f) The garage is constructed in compliance with the standards in subsection (14) of this section; and

(g) The garage is constructed with electrical, and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood.

(2) Detached garages must be constructed in compliance with the standards for appurtenant structures in subsection (15)(C)(6) of this section or nonresidential structures in subsection (15)(C)(3) of this section depending on the square footage of the garage.

C. Special Flood Hazard Areas With Base Flood Elevations. In addition to the general standards listed in subsection (14) of this section, the following specific standards shall apply in special flood hazard areas with base flood elevations (BFE): Zones A1-A30, AH, and AE.

(1) Before Regulatory Floodway. In areas where a regulatory floodway has not been designated, no new construction, substantial improvement, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community’s flood insurance rate map (FIRM), unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

(2) Residential Construction. New construction, conversion to, and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation (BFE). Enclosed areas below the lowest floor shall comply with the flood opening requirements in subsection (15)(A) of this section.

(3) Nonresidential Construction. New construction, conversion to, and substantial improvement of any commercial, industrial, or other nonresidential structure shall:

(a) Have the lowest floor, including basement, elevated one foot or more above the base flood elevation (BFE); or, together with attendant utility and sanitary facilities:

1. Be floodproofed 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 of resisting 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 section based on their development and/or review of the structural design, specifications, and plans. Such certifications shall be provided to the Floodplain Administrator as set forth in subsection (7) of this section.

(b) Nonresidential structures that are elevated, not floodproofed, shall comply with the standards for enclosed areas below the lowest floor in subsection (15)(A) of this section.

(c) Applicants floodproofing nonresidential 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 floodproofed to the base flood level will be rated as one foot below).

(4) Manufactured Dwellings.

(a) Manufactured dwellings to be placed (new or replacement) or substantially improved that are supported on solid foundation walls shall be constructed with flood openings that comply with subsection (15)(A) of this section;

(b) The bottom of the longitudinal chassis frame beam shall be at or above base flood elevation;

(c) Manufactured dwellings to be placed (new or replacement) or substantially improved shall be anchored to prevent flotation, collapse, and lateral movement during the base flood. 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); and

(d) Electrical crossover connections shall be a minimum of 12 inches above base flood elevation (BFE).

(5) Recreational Vehicles. Recreational vehicles placed on sites are required to:

(a) Be on the site for fewer than 180 consecutive days; and

(b) Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or

(c) Meet the requirements of subsection (15)(C)(4) of this section, including the anchoring and elevation requirements for manufactured dwellings.

(6) Appurtenant (Accessory) Structures. Relief from elevation or floodproofing requirements for residential and nonresidential structures in riverine (noncoastal) flood zones may be granted for appurtenant structures that meet the following requirements:

(a) Appurtenant structures located partially or entirely within the floodway must comply with requirements for development within a floodway found in subsection (16) of this section;

(b) Appurtenant structures must only be used for parking, access, and/or storage and shall not be used for human habitation;

(c) In compliance with State of Oregon Specialty Codes, appurtenant structures on properties that are zoned residential are limited to one-story structures less than 200 square feet, or 400 square feet if the property is greater than two acres in area and the proposed appurtenant structure will be located a minimum of 20 feet from all property lines. Appurtenant structures on properties that are zoned as nonresidential are limited in size to 120 square feet;

(d) The portions of the appurtenant structure located below the base flood elevation must be built using flood resistant materials;

(e) The appurtenant structure must be adequately anchored to prevent flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood;

(f) The appurtenant structure must be designed and constructed to equalize hydrostatic flood forces on exterior walls and comply with the requirements for flood openings in subsection (15)(A) of this section;

(g) Appurtenant structures shall be located and constructed to have low damage potential;

(h) Appurtenant structures shall not be used to store toxic material, oil, or gasoline, or any priority persistent pollutant identified by the Oregon Department of Environmental Quality unless confined in a tank installed in compliance with subsection (14)(E) of this section;

(i) Appurtenant structures shall be constructed with electrical, mechanical, and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood.

16. Floodways. Located within the special flood hazard areas established in subsection (3) of this section are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of the floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

A. Prohibit encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless:

(1) Certification by a registered professional civil engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment shall not result in any increase in flood levels within the community during the occurrence of the base flood discharge; or

(2) A community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations; provided, that a conditional letter of map revision (CLOMR) is applied for and approved by the Federal Insurance Administrator, and the requirements for such revision as established under Volume 44 of the Code of Federal Regulations, Section 65.12, are fulfilled.

B. If the requirements of subsection (16)(A) of this section are satisfied, all new construction, substantial improvements, and other development shall comply with all other applicable flood hazard reduction provisions of subsection (14) of this section.

17. Standards for Shallow Flooding Areas. Shallow flooding areas appear on FIRMs as AO Zones with depth designations or as AH Zones with base flood elevations. For AO Zones the base flood depths range from one to three 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. For both AO and AH Zones, adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures.

18. Standards for AH Zones. Development within AH Zones must comply with the standards in subsections (14), (15), and (17) of this section.

19. Standards for AO Zones. In AO Zones, the following provisions apply in addition to the requirements in subsections (14) and (17) of this section:

A. New construction, conversion to, and substantial improvement of residential structures and manufactured dwellings within AO Zones shall have the lowest floor, including basement, elevated above the highest grade adjacent to the building, at minimum one foot or more above the depth number specified on the flood insurance rate maps (FIRMs) (at least two feet if no depth number is specified). For manufactured dwellings the lowest floor is considered to be the bottom of the longitudinal chassis frame beam.

B. New construction, conversion to, and substantial improvements of nonresidential structures within AO Zones shall either:

(1) Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, at minimum one foot or more above the depth number specified on the flood insurance rate maps (FIRMs) (at least two feet if no depth number is specified); or

(2) Together with attendant utility and sanitary facilities, be completely floodproofed to or above the depth number specified on the FIRMs (or a minimum of two feet above the highest adjacent grade if no depth number is specified), 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 the effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as stated in subsection (15)(C)(3)(a)(3) of this section.

C. Recreational vehicles placed on sites within AO Zones on the community’s flood insurance rate maps (FIRMs) shall either:

(1) Be on the site for fewer than 180 consecutive days; and

(a) Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or

(b) Meet the elevation requirements of subsection (19)(A) of this section, and the anchoring and other requirements for manufactured dwellings of subsection (15)(C)(4) of this section.

D. In AO Zones, new and substantially improved appurtenant structures must comply with the standards in subsection (15)(C)(6) of this section.

E. In AO Zones, enclosed areas beneath elevated structures shall comply with the requirements in subsection (15)(A) of this section. [Ord. 23-887 (Exh. A), 2023]

18.30.330 Steep slopes.

1. Building permit applications for structures to be located on slopes of 25 percent or greater shall include certification from a registered professional engineer or architect that said structure is to be designed and constructed in a manner which does not materially jeopardize the physical integrity of the slope, or the safety of the structure or surrounding properties.

2. Land development applications which include areas of slopes greater than 25 percent shall delineate such areas on tentative plan maps and configure lots in such a way as to provide building sites on slopes of less than 25 percent to the greatest extent practicable.

3. Land development applications which include slopes of 25 percent or greater shall include certification by a registered professional engineer that required public facilities and services for the development can be designed and constructed over or adjacent to such slopes, without materially jeopardizing the public safety and continued integrity of such facilities and services. [Ord. 23-887 (Exh. A), 2023]

18.30.335 Silvies River natural area.

Within the Silvies River floodway, as designated in Section 7 of the Comprehensive Plan, the Commission or Council shall not take final action on any zone change, conditional use permit, land development, or annexation, unless and until written or oral testimony from state or federal wildlife officials has been requested and entered into the record, as to the probable impact to the Silvies River natural area from the proposed land use action. Lack of response from said officials within 10 days from the date of notice shall be construed as meaning that no significant adverse impacts will occur to the natural area from said proposal. [Ord. 23-887 (Exh. A), 2023]

18.30.340 Downtown Commercial Core.

1. Purpose. To provide a zoning overlay for properties located within the area designated on the City of Burns Zoning Map as the Downtown Commercial Core area, which is defined as the commercially zoned lands two blocks on either side of Broadway from Jackson Street to “D” Street.

2. Uses Permitted Outright. Within the Downtown Commercial Core overlay, uses listed in Table 18.30.130 as being permitted in the General Commercial (GC) zone are permitted within the Downtown Commercial Core, subject to additional standards in this section and where specified in the code.

3. Site Design Review. All new development within the Downtown Commercial Core overlay is subject to site design review pursuant to Chapter 18.20, Article II, and using the Type III procedures in Section 18.20.025.

4. Development Standards. Except as specified in this section or where the Downtown Commercial Core overlay requirements are specifically referenced elsewhere in the code, all properties within the Downtown Commercial Core overlay are subject to the development standards of the underlying zoning district as specified in Chapter 18.50.

5. Parking. No additional off-street parking is required for uses within the Downtown Commercial Core.

6. Limitations on Uses. The following limitations shall apply to uses permitted in the underlying zoning district.

A. Drive-Throughs. The installation of new drive-through facilities may only be allowed for the following uses and are subject to conditional use permit approval pursuant to Chapter 18.20, Article III, prior to issuance of any building permits for construction.

(1) Financial services where in conjunction with at least 1,000 square feet of indoor customer service space.

(2) Pharmacies where in conjunction with at least 3,000 square feet of indoor retail space.

(3) Eating and drinking establishments where in conjunction with at least 1,500 square feet of indoor dining area.

B. Retail Sales. Retail sales with greater than 30 percent of site area for outdoor sales and storage are prohibited. Outdoor dining areas are not counted as outdoor sales areas under this standard.

C. Vehicle Fueling Stations. Vehicle fueling stations are prohibited. [Ord. 23-887 (Exh. A), 2023]

18.30.345 Historic landmarks.

1. Purpose. The purpose of these regulations is to provide interim guidelines for historic resource protection during completion of the final historic inventory; to safeguard the heritage of the City by providing for the protection of landmarks which represent significant elements of its history; to foster public appreciation of, and civic pride in, the beauty of the City and the accomplishments of its past; to strengthen the economy of the City by protecting and enhancing the City’s attractions to residents and visitors; to stabilize and improve property values within the City; and to promote the private and public use of historic resources for the education, prosperity, and general welfare of the people.

2. Commission Duties. The Commission shall have the following duties: maintain specific guidelines for the designation of historical landmarks; maintain an inventory of landmarks within the City; review and comment upon the conflicts of land use, housing, municipal improvements, and other programs undertaken by any government agency as they relate to the historic resources of the City; and recommend to the Council new or amended landmark designations.

3. Designation Criteria. An improvement may be designated as a historical landmark by the Council if it meets at least one of the following criteria: it exemplifies or reflects special elements of the City’s cultural, social, economic, aesthetic, or architectural history; or it is identified with persons or events significant in local, state, or national history; or it embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship.

4. Designation Procedures. Historic landmarks may be designated by the Council, after Commission recommendation, in the following manner:

A. Any person may request the designation of a landmark by submitting an application for such designation to the Commission. The Commission or Council may also initiate such proceedings on their own motion.

B. The Commission shall evaluate the proposed designation and make a preliminary determination based on such documentation as it may require, as to the appropriateness of the proposed site or structure for landmark status. If the Commission determines that the application merits consideration, it shall schedule a public hearing within 30 days.

C. The Commission’s decision to schedule or not to schedule a public hearing shall be in writing and shall be filed with the City Manager. Notice of a decision not to schedule a public hearing shall be given by mail to the applicant. No building, alteration, demolition, or removal permits relative to a proposed landmark shall be issued while the public hearing or any appeal related thereto is pending.

D. Notice of the date, place, time and purpose of the hearing shall be given by mail to the applicants, owners, and occupants of the improvement at least 20 days prior to the date of public hearing, and shall be advertised once in a newspaper of general circulation at least 10 days prior to the hearing.

E. At the conclusion of the public hearing, but in no event more than 30 days from the date set for the initial public hearing, the Commission shall recommend to the Council approval, in whole or in part, or disapproval of the application. Such recommendation shall be in writing.

F. The Council, within 30 days of receipt of the recommendations from the Commission, shall by ordinance amendments approve the application in whole or in part, or shall by motion disapprove it in its entirety.

5. Demolition and Alteration Procedures. Upon receiving an application for demolition or major exterior alteration involving a historic area, site, structure or object, as designated by the Comprehensive Plan, the Planning Commission in a public meeting shall review the application to determine its conformance with the historic preservation factors of this title.

A. Demolition Procedure. If it is determined the land use action will result in the demolition or extensive exterior modification of any historical building, the Planning Commission shall review the application taking into account the following:

(1) State of repair of the building.

(2) The reasonableness of the cost of restoration or repair.

(3) The purpose of preserving such designated historical building and sites.

(4) The character of the neighborhood.

(5) All other factors the Planning Commission feels are appropriate.

Following the Planning Commission review, the Planning Commission may approve or deny the permit for land use action or delay action for 60 days to allow cognizant agencies to explore alternatives. If no suitable alternatives are available, the permit may be issued. The Planning Commission, upon finding significant progress is being made toward preserving the structure, may extend the delay for an additional 30 days.

B. Major Exterior Alteration Procedure. Exterior alterations shall be in accordance with the following:

(1) Upon receipt of an application for a major exterior alteration of a historic structure listed in the Comprehensive Plan, the Planning Commission, in a public meeting, shall review the proposed alteration to determine if the resource’s historical significance will be altered. This review shall be based on the criteria for determining historic significance contained in the Comprehensive Plan.

(2) Major exterior alterations as defined by this section include any change or alteration of a facade, texture, design, materials, fixtures, or other treatment.

(3) All applications for major exterior alteration shall be accomplished by plans and specifications of the proposed alteration. The Planning Commission may request additional sketches and other information deemed necessary to make an informed decision.

(4) In order to approve the application, the Planning Commission shall find the alteration harmonious and compatible with the resource with respect to style, scale, texture, and construction materials and/or find the alteration will enhance the historical value of the resource. Conditions may be attached to the approval if the Planning Commission deems it necessary to achieve the above objectives. The Planning Commission shall approve the request if the proposal would reduce the resource’s value or historic significance.

Conditions attached to a permit for major exterior alteration of a historic structure shall be limited to permit requirements addressing architectural design, surface texture, materials, fixtures, or other facade or surface treatments which are deemed inconsistent with the integrity of the historic values being preserved.

The Planning Commission shall not make any recommendation or requirement except for the purpose of preventing developments out of character with the historic aspects of the resources.

(5) Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature which does not involve a change in design, or the construction, reconstruction, or alteration of such feature which the building inspectors certify is required by the public safety because of unsafe conditions.

6. Ordinary Maintenance and Repair. Nothing in this title shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any historical landmark that does not involve a change in design, material, or external appearance thereof; nor does this title prevent the construction, reconstruction, alteration, restoration, demolition, or removal of any such feature when such action is required for the public safety due to an unsafe or dangerous condition.

7. Historic Landmark Designation. The historic landmark designation of a property may be removed from the City’s official listing at the request of the property owners. This consideration can only be done during an update of the City’s Comprehensive Plan. [Ord. 23-887 (Exh. A), 2023]