Chapter 18.50 DEVELOPMENT STANDARDS

This chapter sets forth lot and development standards, including minimum dimensions, area, density, coverage, structure height, and other provisions that control the intensity, scale, and location of development. [Ord. 23-887 (Exh. A), 2023]

18.50.020 Applicability.

All new development in the City of Burns is subject to the regulations of this chapter. Where new proposed development is located within an overlay zone, the overlay zone provisions apply in addition to the general development regulations of this section. In the case of a conflict between the overlay zone and the general regulations, the conflict shall be resolved in favor of the more specific overlay zone provisions. [Ord. 23-887 (Exh. A), 2023]

Article I. Lot and Development Standards

18.50.100 Lot and development standards.

1. Development Standards. This section provides the general lot and development standards for each of the City’s base zoning districts. The standards of this section are organized into two tables: Table 18.50.100.3 applies to residential zones, and Table 18.50.100.4 applies to nonresidential zones.

2. Design Standards. City standards for access and circulation, building design, parking and loading, landscaping, fences and screening, among others, are located in this chapter. Notwithstanding the provisions of Tables 18.50.100.3 and 18.50.100.4, and Chapter 18.40, different standards may apply in specific locations, such as at street intersections, within overlay zones, adjacent to natural features, and other areas as may be regulated by this code or subject to state or federal requirements.

3. Lot and Development Standards for Residential Districts. The development standards in Table 18.50.100.3 apply to all new development as of October 27, 2023, in residential zones.

Table 18.50.100.3

Lot and Development Standards for Residential Zones
All standards are minimums unless noted as otherwise	Residential Zones
All standards are minimums unless noted as otherwise	SFR-4	SFR-7	MFR
Lot Area	7,500 sq. ft.	4,800 sq. ft.	(1) 20,000 sq. ft. minimum lot area for land division without consolidated land use application review for multifamily development. (2) No minimum lot area for multifamily lots consolidated with land use application for multifamily development that complies with all other applicable multifamily development standards.
Lot Width	55 ft.	45 ft.	40 ft.
Lot Depth	80 ft.	80 ft.	80 ft.
Lot Frontage	30 ft., except 20 ft. for flag lots	30 ft., except 20 ft. for flag lots	30 ft.
Maximum Lot Coverage	n/a	n/a	No more than 40% occupied by building footprint for conditioned habitable spaces.
Maximum Building Height	35 ft.	35 ft.	35 ft.
Setbacks*
Front Yard	20 ft.	20 ft.	20 ft.
Side Yard	5 ft.	5 ft.	10 ft.
Street Side Yard	15 ft.	15 ft.	15 ft.
Rear Yard	5 ft.	5 ft.	10 ft.
*Vision clearance areas shall be provided in accordance with Section 18.50.220(6).

4. Lot and Development Standards for Nonresidential Districts. The development standards in Table 18.50.100.4 apply to all new developments as of October 27, 2023, in the City’s nonresidential zones, as follows.

Table 18.50.100.4

Lot and Development Standards for Nonresidential Zones
All standards are minimums unless noted as otherwise	Nonresidential Zones
All standards are minimums unless noted as otherwise	GC	BP	I	OS
Lot Area	(1) 20,000 sq. ft. minimum lot area for land division without consolidated land use application review for nonresidential development			10 ac.
Lot Area	(2) No minimum lot area for nonresidential lots consolidated with land use application for nonresidential development that complies with all other applicable development standards.			10 ac.
Lot Width	50 ft.	50 ft.	100 ft.	n/a
Lot Depth	50 ft.	80 ft.	100 ft.	n/a
Lot Frontage	50 ft.	50 ft.	50 ft.	n/a
Maximum Lot Coverage	n/a	n/a	n/a	10%
Maximum Building Height	45 ft.	45 ft.	45 ft.	35 ft.
Setbacks*
Front Yard	Dimensional setbacks are not required; building code requirements for property line relationships must be met.			20 ft.
Side Yard				5 ft.
Rear Yard				5 ft.
*Vision clearance areas shall be provided in accordance with Section 18.50.220(6).
Landscaping, Fences, and Walls
Minimum Landscape Area (% site area including required parking lot landscaping and any required street trees and screening) See also Section 18.50.315	10%		n/a
Maximum Height of Fences and Non-Building Walls				n/a
Front Yard*	3 ft.
Interior Side Yard	6 ft.
Rear Yard	6 ft.
Street Side Yard	6 ft.
*See also Section 18.50.320

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

18.50.110 Setback yards exceptions.

1. Encroachments.

A. Except as otherwise restricted by applicable building codes, building elements such as eaves, chimneys, bay windows, overhangs, heating, cooling and ventilation systems, and similar incidental structures, may extend into the required setback yards by no more than 18 inches; provided, that a setback of not less than 36 inches is maintained, all applicable building codes are met, and the vision clearance standards in Section 18.50.220(6) are met.

B. Porches, decks, patios, and similar features not exceeding 30 inches in height may encroach into setbacks, provided a minimum setback of not less than 36 inches is maintained and all applicable building codes are met.

C. Fences may be placed within setback yards, subject to the standards of Article III of this chapter.

2. Through Lots. Buildings on through lots are required to meet the build-to line standard on only one street. Through lots are subject to the fence height and setback requirements of Section 18.50.320 and the design standards (e.g., materials and landscape buffer requirements) of Section 18.50.315. [Ord. 23-887 (Exh. A), 2023]

18.50.115 Lot coverage.

1. Lot Coverage Calculation. The maximum allowable lot coverage, as provided in Tables 18.50.100.3 and 18.50.100.4, is calculated as the percentage of a lot or parcel covered by buildings and structures (as defined by the foundation plan area). It does not include uncovered surface-level developments such as driveways, parking pads, and patios. [Ord. 23-887 (Exh. A), 2023]

18.50.120 Height measurement and exceptions.

1. Building Height Measurement. Building height is measured as being the vertical distance from the average contact ground level at the front wall of the building to the highest top plate.

2. Exception from Maximum Building Height Standards. Except as required pursuant to FAA regulations, chimneys, bell towers, steeples, roof equipment, flag poles, and similar features not for human occupancy are exempt from the maximum building heights; provided, that all applicable fire and building codes are met. [Ord. 23-887 (Exh. A), 2023]

18.50.125 Multifamily development design standards.

1. Purpose. The following standards are intended to ensure that multifamily developments are planned with adequate open space and are designed to prevent conflicts between residential uses, on-site recreation, and vehicle circulation and parking areas.

2. Applicability. This section applies to new multifamily developments.

3. Standards.

A. Common Open Space and Landscaping. A minimum of 10 percent of the site area shall be designated for usable recreation space for multifamily developments consisting of 12 units or more.

(1) “Site area” for the purposes of this section is defined as the subject lot or lots after subtracting any required dedication of street right-of-way.

(2) The usable recreation space shall contain one or more of the following: outdoor recreation amenities, turf play fields or playgrounds, sports courts, swim pool, walking fitness course, or barbecue area. Other usable recreation spaces may be approved by the approving authority.

(3) In order to be counted as eligible toward the minimum usable recreation space area, such areas shall have dimensions of not less than 20 feet.

(4) Open space and common areas not otherwise developed with recreational facilities, buildings, or parking areas shall be landscaped.

B. Private Open Space. Private open space areas shall be required for dwelling units based on the following criteria:

(1) A minimum of 60 percent of all ground-floor dwelling units shall have front or rear patios or decks containing at least 96 square feet of usable area. “Ground-floor housing” means the housing unit entrance (front or rear) is within five feet of the finished ground elevation (i.e., after grading and landscaping).

(2) A minimum of 40 percent of all upper-floor housing units shall have balconies or porches containing at least 48 square feet of usable area. “Upper-floor housing” means housing units that are more than five feet above the finished grade.

C. Trash Storage. Trash receptacles, recycling, and storage facilities shall be oriented away from building entrances, set back at least 10 feet from any public right-of-way and adjacent residences and shall be screened with an evergreen hedge or solid fence or wall of not less than six feet in height. Receptacles must be accessible to trash pick-up trucks. [Ord. 23-887 (Exh. A), 2023]

18.50.130 Commercial building orientation and design.

1. Purpose and Applicability. The following requirements apply to new commercial development, such as shopping centers, office complexes, and mixed-use developments.

2. Building Orientation. The approving authority may approve adjustments to the following standards as part of a site design review approval, pursuant to Section 18.20.520 and Chapter 18.20, Article II, respectively.

A. All buildings shall have at least one primary entrance facing an abutting street (i.e., within 45 degrees of the street property line), and a pedestrian walkway must connect the primary entrance to the sidewalk except in cases where less than 40 percent of the property’s street frontage is occupied by parking between the building and the street.

B. Off-street parking, trash storage facilities, and ground-level utilities (e.g., utility vaults), and similar obstructions shall not be placed between primary entrances and the street(s) to which they are oriented. To the extent practicable, such facilities shall be oriented internally to the site.

C. Off-street parking shall be oriented internally to the site to the extent practicable, and shall meet the access and circulation requirements of Article II of this chapter, the landscaping and screening requirements of Section 18.50.315, and the parking and loading requirements of Section 18.50.400.

3. Primary Entrances and Windows.

A. All Elevations of Building. Architectural designs shall address all elevations of a building. Building forms, detailing, materials, textures, and color shall contribute to a unified design with architectural integrity. Materials used on the front facade must turn the building corners and include at least a portion of the side elevations, consistent with the building’s overall composition and design integrity.

B. Pedestrian Entrances. Ground level entrances oriented to a street shall be at least partly transparent for natural surveillance and to encourage an inviting and successful business environment; except that the entrance may be glazed but not transparent for uses with significant age-restricted sales or activities. This standard may be met by providing a door with a window(s), a transom window above the door, or sidelights beside the door. Building facades on ground-level entrances oriented to a street shall have complementary building articulation that accents the entrance such as columns, recesses, canopies, porticos, or similar architectural features. All ground level entrances shall open to a sidewalk and shall conform to Americans with Disabilities Act (ADA) requirements, as applicable. Primary entrances above or below grade may be allowed where ADA accessibility is provided.

C. ATMs, Kiosks, Similar In-Wall Features. Where ATMs or other kiosks are proposed on any street-facing elevation, they shall be visible from the street for security and have a canopy, awning, or other weather protection shelter.

D. Storefront Windows. The ground floor, street-facing elevation(s) of all buildings shall comprise at least 40 percent glazing, measured as a section extending the width of the street-facing elevation between the building base and a plane five feet above the plate of the ground floor.

E. Defined Upper Story(ies). Building elevations shall contain detailing that visually defines street level building spaces (storefronts) from upper stories. The distinction between street level and upper floors shall be established, for example, through the use of awnings, canopies, belt course, or similar detailing, materials, or fenestration. Upper floors may have less window area than ground floors but shall follow the vertical lines of the lower level piers and the horizontal definition of spandrels and any cornices.

F. Window Trim. At a minimum, windows shall contain trim, reveals, recesses, or similar detailing.

4. Materials Detailing. Elevations should incorporate changes in material that define a building’s base, middle, and top, as applicable, and create visual interest and relief. Side and rear elevations that do not face a street, public parking area, pedestrian access way, or plaza may utilize changes in texture and/or color of materials; provided, that the design is consistent with the overall composition of the building.

5. Mechanical Equipment.

A. Building Walls. Where mechanical equipment, such as utility vaults, air compressors, generators, antennas, satellite dishes, or similar equipment is permitted on a building wall that abuts a public right-of-way or civic space, it shall be screened pursuant to Section 18.50.315(6). Standpipes, meters, vaults, and similar equipment need not be screened but shall not be placed on a front elevation when other practical alternatives exist; such equipment shall be placed on a side or rear elevation where practical.

B. Rooftops. Except as provided below, rooftop mechanical units shall be set back or screened behind a parapet wall so that they are not visible from any public right-of-way or civic space. Where such placement and screening is not practicable, the approving authority may approve painting of mechanical units in lieu of screening; such painting may consist of muted, earth-tone colors that make the equipment visually subordinate to the building and adjacent buildings, if any.

C. Ground-Mounted Mechanical Equipment. Ground-mounted equipment, such as generators, air compressors, trash compactors, and similar equipment, shall be limited to side or rear yards and screened with fences or walls constructed of materials complementary to the main building architecture. Hedges, trellises, and similar plantings may also be used as screens where there is adequate air circulation and sunlight, and irrigation is provided. The City may require additional setbacks and noise attenuating equipment for compatibility with adjacent uses. [Ord. 23-887 (Exh. A), 2023]

Article II. Access and Circulation

18.50.210 Purpose.

This article contains standards for vehicular and pedestrian access, circulation, and connectivity. The standards promote safe, reasonably direct, and convenient options for walking and bicycling, while accommodating vehicle access to individual properties. [Ord. 23-887 (Exh. A), 2023]

18.50.215 Applicability.

This article applies to new development and changes in land use necessitating a new or modified street or highway connection. Except where the standards of a roadway authority other than the City supersede City standards, this article applies to all connections to a street or highway, and to driveways and walkways. [Ord. 23-887 (Exh. A), 2023]

18.50.220 Vehicular access and circulation.

1. Permit Required. Vehicular access to a public street (e.g., a new or modified driveway connection to a street or highway) requires an approach permit approved by the applicable roadway authority.

2. Traffic Study Requirements. The City, in reviewing a development proposal or other action requiring an approach permit, may require a traffic impact analysis, pursuant to Section 18.40.015, to determine compliance with this code.

3. Approach and Driveway Development Standards. Approaches and driveways shall conform to all the following development standards:

A. The number of approaches on higher classification streets (e.g., collector and arterial streets) shall be appropriate for the proposed land use and the functional classification of the street; where practicable, access shall be taken first from collector or lower classification streets.

B. Approaches shall conform to the spacing standards of subsections (3)(E) and (3)(F) of this section, and shall conform to minimum sight distance and channelization standards of the roadway authority.

C. Driveways shall be paved and meet applicable construction standards. Where permeable paving surfaces are used, such surfaces shall conform to any applicable Engineering Design Standards.

D. The approving authority may limit the number or location of connections to a street, or limit directional travel at an approach to one-way, right-turn only, or other restrictions. The roadway authority may require turning movement restrictions and associated improvements to mitigate safety or traffic operations concerns.

E. Where the spacing standards of the roadway authority limit the number or location of connections to a street or highway, the approving authority may require a driveway extend to one or more edges of a parcel and be designed to allow for future extension and inter-parcel circulation as adjacent properties develop. The approving authority may also require the owner(s) of the subject site to record an access easement for future joint use of the approach and driveway as the adjacent property(ies) develop(s).

F. Where applicable codes require emergency vehicle access, approaches and driveways shall be designed and constructed to accommodate emergency vehicle apparatus and shall conform to applicable fire protection requirements. The approving authority may restrict parking, require signage, or require other public safety improvements pursuant to the recommendations of an emergency service provider.

G. As applicable, approaches and driveways shall be designed and constructed to accommodate truck/trailer-turning movements.

H. Except where the approving authority and roadway authority, as applicable, permit an open access with perpendicular or angled parking (see this article), driveways shall accommodate all projected vehicular traffic on site without vehicles stacking or backing up onto a public street.

I. Driveways shall be designed so that vehicle areas, including, but not limited to, drive-up and drive-through facilities and vehicle storage and service areas, do not obstruct any public right-of-way.

J. Approaches and driveways shall not be wider than necessary to safely accommodate projected peak hour trips and turning movements, and shall be designed with appropriate crossing distances for pedestrians.

K. As it deems necessary for pedestrian safety, the approving authority, in consultation with the roadway authority, as applicable, may require that traffic-calming features, such as speed tables, textured driveway surfaces (e.g., pavers or similar devices), curb extensions, signage or traffic control devices, or other features, be installed on or in the vicinity of a site as a condition of development approval.

L. Construction of approaches along acceleration or deceleration lanes, and along tapered (reduced width) portions of a roadway, shall be avoided; except where no reasonable alternative exists and the approach does not create safety or traffic operations concern.

M. Approaches and driveways shall be located and designed to allow for safe maneuvering in and around loading areas, while avoiding conflicts with pedestrians, parking, landscaping, and buildings.

N. Where sidewalks or walkways occur adjacent to a roadway, driveway aprons constructed of concrete shall be installed between the driveway and roadway edge. The roadway authority may require the driveway apron be installed outside the required sidewalk or walkway surface, consistent with Americans with Disabilities Act (ADA) requirements, and to manage surface water runoff and protect the roadway surface.

O. Where an accessible route is required pursuant to ADA, approaches and driveways shall meet accessibility requirements where they coincide with an accessible route.

P. Where a new approach onto a state highway or a change of use adjacent to a state highway requires ODOT approval, any land use approval will be conditioned to require ODOT approval that is substantially consistent with the land use approval.

Q. Where a proposed driveway crosses a culvert or drainage ditch, the developer shall install a culvert or other approved drainage conveyance structure that extends under and beyond the edges of the driveway on both sides of it, pursuant to applicable Public Works design standards.

R. Except as otherwise required by the applicable roadway authority or waived by the Public Works Director, temporary driveways providing access to a construction site or staging area shall be paved or graveled to prevent tracking of mud onto adjacent paved streets.

4. Approach Separation from Street Intersections. Except as provided by subsection (7) of this section, the following minimum distances shall be maintained between approaches and street intersections, where distance is measured from the edge of an approach surface to the edge of the roadway at its ultimate designated width:

A. On an arterial street: 200 feet, except as required by ODOT, pursuant to OAR 734-051, for state highways.

B. On a collector street: 50 feet.

C. On a local street: 30 feet.

5. Approach Spacing. Except as provided by subsection (7) of this section or as required to maintain street operations and safety, the following minimum distances shall be maintained between approaches, where distance is measured from the edge of one approach to the edge of another:

A. On an arterial street: 250 feet based on speed limit or posted speed, as applicable, except as otherwise required by ODOT for a state highway, pursuant to OAR 734-051.

B. On a collector street: 100 feet for non-residential development and 50 feet for residential development.

C. On a local street: three feet.

6. Vision Clearance. No visual obstruction (e.g., sign, structure, solid fence, or shrub vegetation) between three feet and eight feet in height shall be placed in “vision clearance areas” at street intersections, as illustrated below in Figure 18.50.220.6.A and 18.50.220.6.B.

The minimum vision clearance area may be modified by the Planning Official through a Type I procedure, upon finding that more or less sight distance is required (i.e., due to traffic speeds, roadway alignment, etc.). The placement of light poles, utility poles, and tree trunks should be avoided within vision clearance areas to the extent practicable.

Figure 18.50.220.6.A

Vision Clearance Area in Residential Zones

Figure 18.50.220.6.B

Vision Clearance Area in Nonresidential Zones

7. Exceptions and Adjustments. The Planning Official may approve adjustments to the spacing standards of subsections (4) and (5) of this section, where an existing connection to a City street does not meet the standards of the roadway authority and the proposed development moves in the direction of code compliance. The Planning Official through a Type II procedure may also approve a deviation to the spacing standards on City streets where they find that mitigation measures, such as consolidated access (removal of one access), joint use driveways (more than one property uses same access), directional limitations (e.g., one-way), turning restrictions (e.g., right-in/right-out only), or other mitigation alleviate all traffic operations and safety concerns.

8. Joint Use Access Easement and Maintenance Agreement. Where the City approves a joint use driveway, the property owners shall record an easement with the deed allowing joint use of and cross access between adjacent properties. The owners of the properties agreeing to joint use of the driveway shall record a joint maintenance agreement with the deed, defining maintenance responsibilities of property owners. The applicant shall provide a fully executed copy of the agreement to the City for its records, but the City is not responsible for maintaining the driveway or resolving any dispute between property owners. [Ord. 23-887 (Exh. A), 2023]

18.50.225 Pedestrian access and circulation.

1. Purpose and Intent. This section is intended to provide for safe, reasonably direct, and convenient pedestrian access and circulation. This section does not apply to development in industrial zones.

2. Standards. Developments shall conform to all the following standards for pedestrian access and circulation:

A. Continuous Walkway System. A pedestrian walkway system shall extend throughout the development site and connect to adjacent public sidewalks, if any, and to all future phases of the development, as applicable.

B. Safe, Direct, and Convenient. Walkways within developments shall provide safe, reasonably direct, and convenient connections between primary building entrances and all adjacent parking areas, recreational areas, playgrounds, and public rights-of-way conforming to the following standards:

(1) The walkway is reasonably direct. A walkway is reasonably direct when it follows a route that does not add more than 30 percent of total travel distance when compared to a straight line. In all cases a route that does not add more than 400 feet of out of direction travel shall be considered reasonably direct.

(2) The walkway is designed primarily for pedestrian safety and convenience, meaning it is reasonably free from hazards and provides a reasonably smooth and consistent surface and direct route of travel between destinations. The approving authority may require landscape buffering between walkways and adjacent parking lots or driveways to mitigate safety concerns.

(3) The walkway network connects to all primary building entrances, consistent with the pedestrian access and circulation standards of Section 18.50.225 and, where required, Americans with Disabilities Act (ADA) requirements.

C. Vehicle/Walkway Separation. Except as required for crosswalks, per subsection (2)(D) of this section, where a walkway abuts a driveway or street it shall be raised at least six inches and curbed along the edge of the driveway or street. Alternatively, the approving authority may approve a walkway abutting a driveway at the same grade as the driveway if the walkway is physically separated from all vehicle-maneuvering areas. An example of such separation is a row of bollards (designed for use in parking areas) with adequate minimum spacing between them to prevent vehicles from entering the walkway.

D. Crosswalks. Where a walkway crosses a parking area or driveway (“crosswalk”), it shall be clearly marked with contrasting paving materials (e.g., pavers, light-color concrete inlay between asphalt, or similar contrasting material). The crosswalk may be part of a speed table to improve driver-visibility of pedestrians.

E. Walkway Width and Surface. Walkways, including access ways required for subdivisions pursuant to Chapter 18.20, Article I, Land Divisions and Property Line Adjustments, shall be constructed of concrete, asphalt, brick or masonry pavers, or other durable surface, as approved by the City Engineer, and not less than five feet wide. Multi-use paths (i.e., designed for shared use by bicyclists and pedestrians) shall be concrete or asphalt and shall conform to the transportation standards of Section 18.40.015. [Ord. 23-887 (Exh. A), 2023]

Article III. Landscaping, Fences, Walls, and Exterior Lighting

18.50.310 Purpose and applicability.

This article establishes design standards for when a fence or a wall not attached to a building is to be erected, extended, or otherwise altered. It also applies to situations where this code requires screening or buffering (e.g., outdoor or unenclosed storage uses). The standards of this article supplement the development standards in Table 18.50.100.4 and any applicable special use requirements under Section 18.30.200. [Ord. 23-887 (Exh. A), 2023]

18.50.315 Landscaping and screening.

1. General Landscape Standard. All portions of a lot not otherwise developed with buildings, accessory structures, vehicle maneuvering areas, or parking shall be landscaped.

2. Minimum Landscape Area. All non-residential lots shall conform to the minimum landscape area standards of the applicable zoning district, as contained in Table 18.50.100.4. The decision-making body may allow credit toward the minimum landscape area for existing vegetation that is retained in the development.

3. Plant Selection. A combination of deciduous and evergreen trees, shrubs, and ground covers shall be used for all planted areas, the selection of which shall be based on the local climate, exposure, water availability, and drainage conditions, among other factors. When new vegetation is planted, soils shall be amended and irrigation shall be provided, as necessary, to allow for healthy plant growth. The selection of plants shall be based on all the following standards and guidelines:

A. Use plants that are appropriate to the local climate, exposure, and water availability. The presence of utilities and drainage conditions shall also be considered. The City may rely on expert sources in evaluating landscape plans (e.g., Oregon State University Extension Service bulletins/University of Washington Urban Forestry Program guidelines, etc.).

B. Plant species that do not require irrigation once established (naturalized) are preferred over species that require irrigation.

C. Trees shall be not less than two-inch caliper for street trees and one-and-one-half-inch caliper for other trees at the time of planting. Trees to be planted under or near power lines shall be selected so as to not conflict with power lines at maturity.

D. Shrubs shall be planted from five-gallon containers, minimum, where they are for required screens or buffers, and two-gallon containers minimum elsewhere.

E. Shrubs shall be spaced in order to provide the intended screen or canopy cover within two years of planting.

F. All landscape areas, whether required or not, that are not planted with trees and shrubs or covered with allowable non-plant material, shall have ground cover plants that are sized and spaced to achieve plant coverage of not less than 50 percent at maturity.

G. Bark dust, chips, aggregate, or other non-plant ground covers may be used, but shall cover not more than 50 percent of any landscape area. Non-plant ground covers cannot be a substitute for required ground cover plants.

H. Where stormwater retention or detention, or water quality treatment facilities are proposed, they shall be planted with water-tolerant species.

I. Existing mature trees that can thrive in a developed area and that do not conflict with other provisions of this code may be retained where specimens are in good health, have desirable aesthetic characteristics, and do not present a hazard. When such trees are proposed to be retained, the decision-making body may reduce the plant coverage standards of subsection (3)(F) of this section by up to one-half.

J. Landscape plans shall avoid conflicts between plants and buildings, streets, walkways, utilities, and other features of the built environment.

K. Evergreen plants shall be used where a sight-obscuring landscape screen is required.

L. Deciduous trees should be used where summer shade and winter sunlight is desirable.

M. Landscape plans should provide focal points within a development, for example, by preserving large or unique trees or groves or by using flowering plants or trees with fall color.

N. Landscape plans should use a combination of plants for seasonal variation in color and year-long interest.

O. Where plants are used to screen outdoor storage or mechanical equipment, the selected plants shall have growth characteristics that are compatible with such features.

P. Landscape plans shall provide for both temporary and permanent erosion control measures, which shall include plantings where cuts or fills, including berms, swales, stormwater detention facilities, and similar grading, is proposed.

Q. When new vegetation is planted, soils shall be amended and irrigation provided, as necessary, until the plants are naturalized and able to grow on their own.

4. Parking Lot Landscaping. The following standards shall be met for all new parking lots. If a development contains multiple parking lots, then the standards shall be evaluated separately for each parking lot.

A. A minimum of 10 percent of the total surface area of all parking areas, as measured around the perimeter of all parking spaces and maneuvering areas, shall be landscaped. Such landscaping shall consist of canopy trees distributed throughout the parking area. A combination of deciduous and evergreen trees, shrubs, and ground cover plants is required. At a minimum, one tree per 12 parking spaces on average shall be planted over and around the parking area.

B. All parking areas with more than 25 spaces shall provide landscape islands with trees that break up the parking area into rows of not more than 10 contiguous parking spaces. Landscape islands and planters shall have dimensions of not less than 48 square feet of area and no dimension of less than six feet (including curbing), to ensure adequate soil, water, and space for healthy plant growth.

C. All required parking lot landscape areas not otherwise planted with trees must contain a combination of shrubs and groundcover plants so that, within two years of planting, not less than 50 percent of that area is covered with living plants.

D. Wheel stops, curbs, bollards, or other physical barriers are required along the edges of all vehicle-maneuvering areas to protect landscaping from being damaged by vehicles. Trees shall be planted not less than two feet from any such barrier.

E. Trees planted in tree wells within sidewalks or other paved areas shall be installed with root barriers.

5. Screening Requirements. Screening is required for outdoor storage areas, unenclosed uses, and parking lots, and may be required in other situations as determined by the decision-making body. Landscaping shall be provided pursuant to the standards of subsections (5)(A) through (5)(C) of this section:

A. Outdoor Storage and Unenclosed Uses. All areas of a site containing or proposed to contain outdoor storage of goods, materials, equipment, and vehicles (other than required parking lots and service and delivery areas, per site design review), and areas containing junk, salvage materials, or similar contents, shall be screened from view from adjacent rights-of-way and residential uses by a sight-obscuring fence, wall, landscape screen, or combination of screening methods. See also Article III of this chapter for related fence and wall standards.

B. Parking Lots. The edges of parking lots shall be screened to minimize vehicle headlights shining into adjacent rights-of-way and residential yards. Parking lots abutting a sidewalk or walkway shall be screened using a low-growing hedge or low garden wall to a height of between three feet and four feet.

C. Other Uses Requiring Screening. The decision-making body may require screening in other situations as authorized by this code, including, but not limited to, outdoor storage areas, blank walls, and as mitigation where an applicant has requested an adjustment pursuant to Section 18.20.520.

6. Maintenance. All landscaping shall be maintained in good condition, or otherwise replaced by the property owner. [Ord. 23-887 (Exh. A), 2023]

18.50.320 Fences and walls.

1. Purpose. This section provides general development standards for fences, and walls that are not part of a building, such as screening walls and retaining walls.

2. Height.

A. Residential Zones. Fences and freestanding walls (i.e., exclusive of building walls) for residential uses shall not exceed the following heights above grade, where grade is measured from the highest adjacent finished ground level, or in the case of fencing within a required yard area abutting a public street, from the finished grade on the side nearest the street.

(1) Within front yard setback: three feet; except the following additional height is allowed:

(a) A fence may be constructed to a maximum height of six feet where the fence is of open chain link or other “see-through” composition that allows 90 percent light transmission.

(2) Within an interior side or rear yard setback: six feet.

(3) Within a street-side yard setback: six feet.

B. Nonresidential Zones. Fences and freestanding walls (i.e., exclusive of building walls) for non-residential uses shall not exceed the following height above grade, where grade is measured from the highest adjacent finished ground level, or in the case of fencing within a required yard area abutting a public street, from the finished grade on the side nearest the street.

(1) Within front or street-side yard setback: three feet, except the following additional height is allowed for properties located within an industrial zone:

(a) A fence or wall may be constructed to a maximum height of six feet where the fence is set back behind the front or street side property line behind a five-foot landscape buffer.

(b) A fence or wall may be constructed to a maximum height of eight feet where the fence or wall is set back behind the front or street side property line behind a 10-foot landscape buffer.

(c) Where approved by the Planning Official, a fence constructed of open chain link or other “see-through” composition that allows 90 percent light transmission may reach a height of up to six feet without any landscape buffer.

(2) Within an interior side or rear yard setback: eight feet.

C. All Zones. Fences and walls shall comply with the vision clearance standards of Section 18.50.220(6). Other provisions of this code, or the requirements of the roadway authority, may limit allowable height of a fence or wall below the height limits of this section.

3. Materials.

A. Permitted fence and wall materials include weather-treated wood; untreated cedar and redwood; metal (e.g., chain link, wrought iron, and similar fences); bricks, stone, masonry block, formed-in-place concrete, or similar masonry; vinyl and composite (e.g., recycled) materials designed for use as fencing; and similar materials as determined by the Planning Official. In addition, evergreen hedges are considered screening walls for the purpose of this section, subject to site design review approval.

B. Prohibited fence and wall materials include straw bales, tarps, barbed or razor wire (except in an Industrial zone); scrap lumber, untreated wood (except cedar or redwood), corrugated metal, sheet metal, scrap materials; dead, diseased, or dying plants; and materials similar to those listed herein.

4. Permitting. A land use permit is not required to install a fence or wall that is in accordance with these standards. The decision-making body may require installation of walls or fences as a condition of approval for development, as provided by other code sections. A building permit may be required for some fences and walls, pursuant to applicable building codes.

5. Maintenance. Fences and walls shall be maintained in good condition, or otherwise replaced by the property owner. [Ord. 23-887 (Exh. A), 2023]

18.50.325 Exterior lighting.

In all districts, any operation or activity producing glare shall be so conducted that direct or indirect light from the source shall not spill over to any property in a residential district, other than the lot on which the glare is generated.

1. Exemptions. This section is not intended to apply to public street lighting.

2. Exterior Lighting Plan. At the time any exterior lighting is installed or substantially modified, an exterior lighting plan shall be submitted that identifies the following:

A. Location of light fixtures.

B. Type of luminaire.

C. Height of luminaire.

D. Maximum illumination.

E. Cut-off angle. [Ord. 23-887 (Exh. A), 2023]

Article IV. Parking and Loading

18.50.400 Parking, loading, and drive-through queues.

1. Purpose. This section contains requirements for automobile and bicycle parking, as well as standards for loading and drive-through uses. It provides standards for the minimum number of parking spaces for various use types, along with the location, size, and design of parking, loading, and drive-through areas to ensure such areas can be accessed safely and efficiently.

2. Applicability. The regulations of this section apply to all parking areas in all zones, whether parking is required by this code or put in for the convenience of property owners or users.

3. Occupancy. All required parking areas must be developed in accordance with the requirements of this code prior to occupancy of any structure on the subject site; for phased projects, the required parking must be developed prior to occupancy of structures within the applicable phase. Where landscaping, screening or other improvements are required pursuant to this code, all such improvements must be installed and approved by the Planning Official or their designee prior to occupancy.

4. Calculations of Amounts of Required and Allowed Parking.

A. When computing parking spaces based on gross floor area, parking structures and non-leasable floor spaces, such as storage closets, mechanical equipment rooms, and similar spaces, are not counted.

B. When there are two or more separate uses on a site, the minimum parking for the site is the sum of the required parking for the various individual uses. For shared parking, see Section 18.50.410(3).

5. Proximity of Parking to Use. Required parking spaces for residential uses must be located on the site of the use or on a parcel or tract owned in common by all the owners of the properties that will use the parking area. Required parking spaces for nonresidential uses must be located on the site of the use or in a parking area that has its closest pedestrian access point within 300 feet of the site.

6. Improvement of Parking Areas. Motorized vehicle parking is allowed outside the public right-of-way within garages, carports, and other approved structures; and on driveways or parking lots that have been developed in conformance with this code. This section does not apply to on-street parking within the public right-of-way. [Ord. 23-887 (Exh. A), 2023]

18.50.410 Automobile parking.

1. Minimum Number of Off-Street Automobile Parking Spaces. Except as provided by subsection (3) of this section, or as required for Americans with Disabilities Act compliance under subsection (6) of this section, off-street parking shall be provided pursuant to one of the following three standards:

A. The standards in Table 18.50.410.1;

B. A standard from Table 18.50.410.1 for a use that the Planning Official determines is similar to the proposed use; or

C. Subsection (2) of this section, Exceptions and Reductions to Off-Street Parking, which includes a parking demand analysis option.

Table 18.50.410.1

Off-Street Parking Spaces by Use
Land Use Category	Unless Otherwise Stated, Parking Standards are Based on Gross Floor Area, and Except as Noted Under Section 18.50.415(3)(A)
Land Use Category	Minimum Number of Required Parking Spaces
Residential Uses
Dwellings:
Detached Single-Family	2 spaces
Duplex	4 spaces
Tri-Plex	5 spaces
Four or More Units	1.5 spaces per unit, plus one space for each four units to be reserved for recreational vehicles
Accessory Dwelling Unit (ADU)	No additional spaces required for single ADU on single parcel
Group Quarters:
Retirement or Congregate Living Facilities	0.5 spaces per resident
Nursing Home/Long-Term Care Facilities	1 space per 4 beds
Dormitories	1 space per 4 beds
Residential Facilities	1 space per 6 beds
Commercial/Service/Employment Uses
Retail Sales	1 space per 250 square feet
Personal Services (e.g., barber/salon, spas, tattoo parlors)	2 spaces per station, or 1 space per 250 square feet, whichever is less
Eating and Drinking Establishment w/o Drive-Through	1 space per 100 square feet
Eating and Drinking Establishment w/ Drive-Through	1 space per 100 square feet, plus 3 stacking spaces for drive-through
Entertainment Establishment	1 space per 3 persons at maximum design occupancy
Professional Offices Except Medical Services	1 space per 400 square feet
Medical Services (excluding hospitals)	1 space per 200 square feet
Financial Services w/o Drive-Through	1 space per 400 square feet
Financial Services w/ Drive-Through	1 space per 400 square feet, plus 3 stacking spaces for each drive-through
Repair Services (non-vehicle)	1 space per 700 square feet
Vehicle Rentals, Sales, Repair Services	2 spaces per service bay, plus 1 space per 500 square feet of general building floor area, plus 1 space per each 2,000 square feet of outdoor vehicle sales or rental area
Overnight Accommodations	0.8 spaces per guest room
Manufacturing and Materials Processing	1 space per 500 square feet
Warehousing, Logistics, and Storage	1 space per 2,000 square feet
Public/Community/Institutional Uses
Pre-School, Day Care Center	1 space per employee, plus 1 space per 5 children the facility is designed or intended to accommodate
Elementary and Middle Schools	1 space per classroom plus 1 space per administrative employee, or 1 space per four seats or 8 feet of bench length in the auditorium or assembly room, whichever is greater
High Schools, Colleges, Trade Schools	1 space per each 5 students, based on the design capacity of the facility
Faith Institutions	1 space per four seats or 8 feet of bench length in the main auditorium
Hospital	1 space for each two beds
Libraries, Museums	1 space per 400 square feet
Community and Multi-Use Buildings	1 space per 6 persons at maximum design occupancy
Golf Course	4 spaces per hole, plus 70 percent of spaces otherwise required for accessory use areas (e.g., bar, restaurant, pro shop)
Driving Range	1 space per tee/hitting bay
Membership Clubs (social, fraternal, recreation, sports, etc.)	1 space per 4 persons at maximum design occupancy

2. Exceptions and Reductions to Off-Street Parking.

A. There is no minimum number of required automobile parking spaces for uses within the Downtown Core Overlay zone.

B. An applicant may propose a parking standard that is different than the standard under subsections (1)(A) and (1)(B) of this section for review and action by the Planning Official through a Type II procedure. The applicant’s proposal shall consist of a written request and a parking analysis prepared by a qualified professional. The parking analysis, at a minimum, shall assess the average parking demand and available supply for existing and proposed uses on the subject site; opportunities for shared parking with other uses in the vicinity; existing public parking in the vicinity; transportation options existing or planned near the site, such as frequent bus service, carpools, or private shuttles; and other relevant factors.

In addition, the decision-making body, through a Type II procedure, may reduce the off-street parking standards of Table 18.50.410.1 for sites with one or more of the following features:

(1) Site has a bus stop with frequent transit service located adjacent to it, and the site’s frontage is improved with a bus stop waiting shelter, consistent with the standards of the applicable transit service provider: allow up to a 10 percent reduction to the standard number of automobile parking spaces;

(2) Site has dedicated parking spaces for carpool or vanpool vehicles: allow up to a 10 percent reduction to the standard number of automobile parking spaces;

(3) Site has dedicated parking spaces for two-wheeled vehicles: allow reductions to the standard dimensions for parking spaces, up to five percent of the total required parking.

C. The number of required off-street parking spaces may be reduced through the provision of shared parking, pursuant to subsection (3) of this section.

3. Shared Parking. Required parking facilities for two or more uses, structures, or parcels of land may be satisfied by the same parking facilities used jointly, to the extent that the owners or operators show that the need for parking facilities does not materially overlap (e.g., uses primarily of a daytime versus nighttime nature; weekday uses versus weekend uses); and provided, that the right of joint use is evidenced by a recorded deed, lease, contract, or similar written instrument establishing the joint use. Shared parking requests shall be subject to review and approval through site plan review.

4. Parking Stall Design and Minimum Dimensions. Where a new off-street parking area is proposed, or an existing off-street parking area is proposed for expansion, the entire parking area shall be improved in conformance with this article. The minimum number of required new parking spaces and the associated drive aisles for new vertical development shall be paved with asphalt or concrete, and shall conform to the minimum dimensions in Table 18.50.410.4. Where additional parking spaces are proposed beyond the minimum requirement for commercial, industrial, or multi-family development with more than four units, the decision-making body may authorize the use of alternative parking area surfacing, such as permeable pavers or laterally stabilized gravel (i.e., gravel parking with interconnected plastic grids that prevent erosion and keeps gravel in the designed location). Through a Type III procedure, the Planning Commission may allow the use of alternative parking area surfacing for required minimum parking spaces.

Unpaved parking areas shall demarcate individual spaces using wheel stops or other similar methods. All off-street parking areas shall be maintained in a dust-free condition at all times, and contain wheel stops, perimeter curbing, bollards, or other edging as necessary to prevent vehicles from damaging buildings or encroaching into walkways, landscapes, or the public right-of-way. Parking areas shall also provide for storm drainage and surface water management, pursuant to Section 18.40.030.

Table 18.50.410.4

Parking Space Minimum Dimensions*
Parking Angle	Space Width	Space Length	Drive Aisle Width (1-Way)	Drive Aisle Width (2-Way)
90 degrees	9 feet	19 feet	24 feet	24 feet
60 degrees			16 feet
45 degrees			12 feet
Parallel	8 feet	24 feet	12 feet

* See also Section 18.50.130, Commercial building orientation and design, for parking location requirements; Section 18.50.220, Vehicular access and circulation, for driveway standards; and Article III of this chapter for requirements related to landscaping, screening, fences, walls, and outdoor lighting.

5. Adjustments to Parking Area Dimensions. The dimensions in Section 18.50.420(4) are minimum standards. The decision-making body may adjust the dimensions based on evidence that a particular use will require more or less maneuvering area.

6. Americans with Disabilities Act (ADA). Parking shall be provided consistent with ADA requirements, including, but not limited to, the minimum number of spaces for automobiles, van-accessible spaces, location of spaces relative to building entrances, accessible routes between parking areas and building entrances, identification signs, lighting, and other design and construction requirements. [Ord. 23-887 (Exh. A), 2023]

18.50.415 Bicycle parking.

1. Standards. Bicycle parking spaces shall be provided with new development and, where a change of use occurs, pursuant to the standards in Table 18.50.415.1. Where an application is subject to conditional use permit approval or the applicant has requested a reduction to an automobile-parking standard, pursuant to Section 18.50.410(2), the decision-making body may require bicycle parking spaces in addition to those in Table 18.50.415.1.

Table 18.50.415.1

Required Bicycle Parking
Use	Minimum Number of Spaces
Multifamily Residential (not required for parcels with fewer than 4 dwelling units)	2 bike spaces per 4 dwelling units that do not have garages
Commercial	1 bike space per primary use or 1 per 10 vehicle spaces, whichever is greater
Industrial	No bike parking is required (the code assumes most industrial uses have room inside industrial buildings for bike parking)
Parks	4 bike spaces for parks one acre or less; 8 spaces for parks greater than one acre
Schools (all types)	3 bike spaces per classroom
Institutional Uses and Places of Worship	2 bike spaces per primary use or 1 per 20 vehicle spaces, whichever is greater
Other Uses	1 bike space per primary use or 1 per 20 vehicle spaces, whichever is greater

2. Design. Bicycle parking shall consist of steel racks or lockers. For uses that require site design review, the application shall include a design typical for the style of bike rack being proposed.

3. Exemptions. This section does not apply to single-family and duplex housing, home occupations, and agricultural uses. The decision-making body may exempt other uses upon finding that, due to the nature of the use or its location, it is unlikely to have any patrons or employees arriving by bicycle.

4. Hazards. Bicycle parking shall not impede or create a hazard to pedestrians or vehicles, and shall be located so as to not conflict with the vision clearance standards of Section 18.50.220(6). [Ord. 23-887 (Exh. A), 2023]

18.50.420 Loading areas.

1. Purpose. The purpose of this section is to provide adequate loading areas for commercial and industrial uses that do not interfere with the operation of adjacent streets.

2. Applicability. This section applies to uses that are expected to have service or delivery truck visits. It applies only to uses visited by trucks with a 40-foot or longer wheelbase, at a frequency of one or more vehicles per week. The decision-making body shall determine through site design review the number, size, and location of required loading areas, if any.

3. Standard. Where an off-street loading space is required, it shall be large enough to accommodate the largest vehicle that is expected to serve the use without obstructing vehicles or pedestrian traffic on adjacent streets and driveways. The decision-making body may restrict the use of other public rights-of-way, so applicants are advised to provide complete and accurate information about the potential need for loading spaces.

4. Exceptions and Adjustments. The decision-making body, through site design review, may approve a loading area adjacent to or within a street right-of-way where it finds that loading and unloading operations are short in duration (i.e., less than one hour), infrequent, do not obstruct traffic during peak traffic hours, do not interfere with emergency response services, and are acceptable to the applicable roadway authority. [Ord. 23-887 (Exh. A), 2023]

18.50.425 Drive-through queues.

Drive-through uses shall provide off-street queuing area for at least five vehicles. Not less than two queuing spaces shall be available before any menu or customer interaction locations. Multiple drive-through lanes can count in combination to satisfy the queuing requirements. Required queuing shall not block circulation or access to any required off-street parking. [Ord. 23-887 (Exh. A), 2023]

Article V. Signs

18.50.500 Signs.

1. Purpose. The purpose of this section is to regulate the placement, size, and appearance of signs in the City of Burns.

2. Applicability. The regulations in this section apply to the installation of all new signs, as defined in Section 18.10.065. A sign permit shall be obtained from the Planning Official prior to the construction or placement of any new sign.

3. Exemptions. The following are exempt from the provisions of this section:

A. Signs not oriented toward or intended to be legible from a public right-of-way, private road, or other private property.

B. Signs inside a building, except for strobe lights visible from a right-of-way, private road, or other private property.

C. Street and traffic signs legally erected in the right-of-way.

D. Building numbers as required by the City of Burns.

E. Signs carved into or part of materials, which are an integral part of the building.

F. Government, fraternal, civic, or religious organization flags on permanent flag poles, which are designed to allow raising and lowering of flags.

G. Painted wall decorations and painted wall highlights.

4. Prohibited Signs. The following types of signs are prohibited:

A. Off-premises signs (i.e., signs advertising products or services that are not sold or offered on the site at which the sign is located).

B. Strobe lights and signs containing strobe lights, which are visible beyond the property lines.

C. Signs placed on or painted on a motor vehicle trailer and parked with the primary purpose of providing a sign not otherwise allowed for by this code.

D. Signs constructed in the public right-of-way in whole or in part, except signs legally erected for informational purposes by or on behalf of a government agency. Overhead signs shall be a minimum of 14 feet above a sidewalk and shall not extend into the street and the owner agrees to hold the City harmless of any claims resulting thereof from the signs.

E. Signs placed on rooftops exceeding the 35-foot building height limitation.

F. Flashing or blinking light rooftop signs, excluding seasonal decorations.

5. Nonconforming Signs. All existing signs, including billboards, that do not conform to the specific standards of this code may be considered legal nonconforming pursuant to Section 18.10.055 if the sign was erected in conformance with a valid permit and complied with all applicable laws at the time of the sign’s installation. All nonconformities shall be subject to the requirements of Section 18.10.055.

6. Abandoned Signs.

A. Any sign that no longer contains legible visible images or text shall be considered abandoned. Within 12 months following the date of abandonment, an abandoned sign and its supporting structure shall be removed by the owner of the sign or owner of the premises on which the sign is located.

B. Any owner of an abandoned sign which is otherwise in conformance with this section may apply to the Planning Director for an extension of the removal date. If the Planning Official determines that the continued maintenance of the sign is consistent with the purpose of this code, an extension of up to one year may be granted.

C. Any nonconforming, abandoned sign must be removed within six months. No extension of time is available.

7. Signs in Residential Districts. The following signs are permitted within all residential zones.

A. One nonilluminated name plate, not to exceed one and one-half square feet in area, placed flat against the building for each dwelling containing a home occupation.

B. One temporary nonilluminated sign not to exceed five square feet in area pertaining to the lease, rental, or sale of a building or premises upon which it is located.

C. One bulletin board not to exceed 12 square feet in area for each church, public library, neighborhood, or community center.

8. Signs in Commercial and Employment Districts.

A. One square foot of sign face area is allowed for each lineal foot of property frontage on a public right-of-way, excluding alleys.

B. The sign(s) must be placed in a manner to be viewed from the public right-of-way frontage used in the sign face area computation.

C. The maximum sign face area is 100 square feet. Property frontage of less than 32 lineal feet shall be allowed a maximum sign face area of 32 square feet.

D. Sandwich board signs and other temporary signs readily placed on or near public rights-of-way advertising an ongoing commercial enterprise shall not be permitted. The exceptions to this provision will be signs advertising temporary garage sales and community service or other public agency functions, e.g., high school car washes or service club activities. These signs shall be removed within 48 hours after activity has ended. Signs shall not be placed on utility poles.

9. Signs in Open Space Districts. Signs in open space districts may be permitted as part of a Type II through IV level of review. The approving authority shall determine the size and location of all proposed signs are appropriate for the intended use and function of the open space. [Ord. 23-887 (Exh. A), 2023]