Chapter 17.16
SUPPLEMENTARY PROVISIONS
Sections:
17.16.010 Maintenance of minimum ordinance requirements.
17.16.030 General provisions regarding accessory uses.
17.16.050 Historic structure preservation.
17.16.060 Mobile homes and residential trailers placed in mobile home parks.
17.16.070 Single-family dwelling siting standards.
17.16.080 Bed and breakfast facilities development standards.
17.16.090 Earth movement and removal.
17.16.100 Vision clearance areas.
17.16.120 Temporary use authorization.
17.16.010 Maintenance of minimum ordinance requirements.
No lot area, yard or other open space existing on or after the effective date of the ordinance codified in this chapter shall be reduced below the minimum required for it by this title, and no lot area, yard or other open space which is required by this title for one use shall be used as the required lot area, yard or other open space for another use. [Ord. 01-02 § 2 (Exh. 2 § 4.1), 2001.]
17.16.020 Access.
Every lot shall abut a street, other than an alley, for at least 50 feet. [Ord. 01-02 § 2 (Exh. 2 § 4.2), 2001.]
17.16.030 General provisions regarding accessory uses.
An accessory use shall comply with the requirements for a principal use, except as this title specifically allows to the contrary. [Ord. 01-02 § 2 (Exh. 2 § 4.3), 2001.]
17.16.040 Fences.
A fence or hedge within a front yard or a street side yard shall not exceed an elevation six feet above the base or ground elevation. Vision clearance areas shall be maintained. [Ord. 01-02 § 2 (Exh. 2 § 4.4), 2001.]
17.16.050 Historic structure preservation.
Upon receiving an application for demolition or major exterior alteration involving an 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 disapprove 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 resource.
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. [Ord. 01-02 § 2 (Exh. 2 § 4.5), 2001.]
17.16.060 Mobile homes and residential trailers placed in mobile home parks.
When a mobile home or residential trailer is installed in a mobile home park, it shall comply with the state installation standards. The mobile home or residential trailer shall comply with the following additional provisions:
A. The mobile home or residential trailer shall have an Oregon insignia. No reconstruction or equipment installation shall have been made to the mobile home unless it has been state approved as evidenced by an appropriate insignia. Before installation, the mobile home or residential trailer shall be inspected by the building official and installation shall be approved only if the building official determines the mobile home or residential trailer substantially meets the state standards for mobile home construction, and notwithstanding any deterioration which may have occurred.
B. The mobile home or residential trailer shall be tied down with devices to meet state standards.
C. The mobile home or residential trailer shall have a water closet, lavatory, and bathtub or shower.
D. The mobile home or residential trailer shall have a kitchen area or room containing a sink.
E. The mobile home or residential trailer plumbing shall be connected to a potable water supply and approved sewage disposal system.
F. The mobile home or residential trailer shall have continuous fireproof skirting.
G. Wheels of the mobile home or residential trailer shall be removed when the unit is installed.
H. Except for a structure which conforms to the state definition of a mobile home accessory structure, no extension shall be attached to the mobile home or residential trailer. Accessory buildings shall be separated from the mobile home by not less than five feet.
I. The mobile home or residential trailer shall contain at least 500 square feet of space as determined by measurement of the exterior dimensions of the unit, exclusive of any trailer hitch device. The area of a mobile home accessory structure shall not be included. [Ord. 01-02 § 2 (Exh. 2 § 4.6), 2001.]
17.16.070 Single-family dwelling siting standards.
Single-family dwellings, including manufactured homes, meeting the following criteria are allowed on individual lots in specified residential zones:
A. Site Built Dwellings and Manufactured Homes.
1. Site built dwellings and manufactured homes shall enclose a space of not less than 1,000 square feet.
2. The single-family dwelling shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the local permit approval authority.
3. The single-family dwelling shall have a pitched roof with a slope of at least three feet in height for each 12 feet in width.
4. Site built dwellings shall have plans and specifications reviewed and approved prior to construction.
B. Manufactured Homes.
1. The manufactured home shall be multi-sectional.
2. The manufactured home shall have a foundation of sufficient strength to support the loads imposed by the manufactured home as specified by the manufacturer’s installation instructions. Manufactured home placements shall be reviewed and approved by the city’s designated building official. In the absence of the specific manufactured home installation instructions, installation of the manufactured home shall follow the installation requirements outlined in OAR Chapter 918. Skirting which shall be composed of concrete or pumice blocks and shall be recessed and attached to permanent continuous footing which maintains the bottom of the floor joists at no more than 12 inches above the finish grade.
3. The placement of a manufactured home shall be reviewed and approved by the city’s building official through the city’s permitting process. [Ord. 01-02 § 2 (Exh. 2 § 4.7), 2001.]
17.16.080 Bed and breakfast facilities development standards.
A bed and breakfast facility approved as a conditional use in the residential zones of the city shall have the following approval standards:
A. The structure shall retain the characteristics of a single-family dwelling.
B. The number of guest rooms shall be limited to five and the number of guests shall be limited to 10.
C. In addition to the required off-street parking for each residential use, one off-street parking space for each bed and breakfast guest shall be provided.
D. Signs shall be limited to one nonilluminated sign, not exceeding four square feet. No off-premises signs are permitted.
E. Submission of an acceptable site plan that meets off-street parking requirements and provides landscaping appropriate to a residential neighborhood.
F. The facility shall be licensed by the state of Oregon. [Ord. 01-02 § 2 (Exh. 2 § 4.8), 2001.]
17.16.090 Earth movement and removal.
A written permit approved by the planning commission shall be required to remove 50 cubic yards or more of earth material from any individual property within a calendar year. [Ord. 01-02 § 2 (Exh. 2 § 4.9), 2001.]
17.16.100 Vision clearance areas.
A vision clearance area shall be maintained at the corners of all property at the intersections of two streets or a street and a railroad. Such corner lots or parcels shall be provided with and maintain a vision clearance area. A vision clearance area is defined as a triangular area formed at a corner lot or parcel by the intersection of dedicated public rights-of-way lines and a straight line joining said lines through points 12 feet back from their intersection. The vision clearance area shall provide an area of unobstructed vision from three and one-half feet to eight feet above the top of the curb. Natural topographic features, utility poles, and tree trunks are excluded from this requirement. [Ord. 01-02 § 2 (Exh. 2 § 4.10), 2001.]
17.16.110 Site plan approval.
A. Purpose. The purpose of the site plan approval process is to provide the city with a detailed drawing or drawings of a proposed land use. A site plan shall be provided for all proposed uses other than single-family or duplex residential uses and/or accessory structures. Where the proposed use is an outright permitted use within the zone in which the proposal is located, a site plan may be approved by the city staff, provided a proposal with a significant change in trip generation has been reviewed by ODOT and it is determined that the proposed use will not impose an undue burden on the transportation system. However, at the discretion of the city staff, such site plans may be referred to the planning commission in either an administrative or quasi-judicial process such as a conditional use proceeding. Site plans for proposed conditional uses will become an integral part of the record and provide the basis for city staff reports, and the basis of final review and approval by the planning commission or governing body. If an administrative review is undertaken, the process outlined in CMC 17.48.040 shall be followed.
B. A site plan shall be drawn to scale and indicate the following:
1. Dimensions and orientation of the parcel;
2. Locations and heights of buildings and structures, both existing and proposed (scaled elevation drawings or photographs may be required);
3. Location and layout of vehicle and bicycle parking and loading facilities;
4. Location of points of entry and exit for pedestrians, motor vehicles and internal circulation patterns, including bikeways and walkways;
5. Location of existing and proposed walls and fences and indication of their height and materials;
6. Proposed location and size of exterior lighting;
7. Proposed location and size of exterior signs;
8. Site specific landscape plan including percentage of total net area;
9. Location and species of trees greater than six inches in diameter when measured four feet above the ground and an indication of which trees to be removed;
10. Contours mapped at two-foot intervals (five-foot contours may be allowed on steep slopes);
11. Natural drainage;
12. Other significant natural features;
13. Legal description of the lot;
14. Percentage of the lot covered by any and all proposed and remaining structures to include asphalt concrete and Portland cement concrete;
15. Locations and dimensions of all easements and nature of the easements;
16. Service areas for uses such as loading and delivery;
17. Grading and drainage plan;
18. Other site elements which will assist in the evaluation of site development;
19. A statement of operations shall accompany the site plan. A brief narrative on the nature of the activity, including:
a. Number of employees;
b. Method of import and export;
c. Hours of operation including peak times;
d. Plans for future expansion;
20. Distances to neighboring constructed access points, median openings, traffic signals, intersections, and other transportation features on both sides of the property;
21. Number and direction of lanes to be constructed on the driveway, plus striping plans;
22. All planned transportation features (lanes, signals, bikeways, sidewalks, crosswalks, etc.);
23. Internal pedestrian and bicycle facilities connect with external or planned facilities or system;
24. Trip generation data or appropriate traffic studies;
25. Plat map showing property lines, rights-of-way, and ownership of abutting properties; and
26. A detailed description of any requested variance.
C. Site Plan Review Criteria. The following criteria shall be used in evaluation proposals:
1. Natural Features. Where existing natural or topographic features are present, they shall be used to enhance the development (i.e., the use of small streams in the landscaping design, rather than culvert and fill).
2. Trees. Existing trees shall be left standing except where necessary for building placement, sun exposure, safety or other valid purpose. Vegetative buffers should be left along major streets or highways, or to separate adjacent uses.
3. Grading. The grading and contouring of the site shall take place and on-site surface drainage and on-site storage of surface water facilities are constructed when necessary, so there is no adverse effect on neighboring properties, public rights-of-way, or the public storm drainage system. Graded areas shall be replanted as soon as possible after construction to prevent erosion. A construction erosion control plan may be required.
4. Public Facilities. Adequate capacity of public facilities for water, sanitary sewers, storm drainage, fire protection, streets, and sidewalks shall be provided to the subject parcel. Development of on-site and off-site public facilities necessary to serve the proposed use shall be consistent with the comprehensive plan and any adopted public facilities plan(s). Underground utilities may be required. On-site detention or treatment of stormwater may be required.
5. Traffic. The following traffic standards shall be applicable to all proposals. When evaluating traffic issues, consideration shall be given to the proposed usage (i.e., employees, customers, freight, service) and to the potential types of traffic (i.e., vehicles, pedestrians, bicycles).
a. On-site traffic circulation shall be designed according to accepted engineering guidelines to be safe and efficient.
b. The access point(s) between the subject property and the public street shall be reasonably safe. Minimal factors to be considered in evaluating the proposed access points include the average speed of the traffic on the public street(s), the proposed usage of the access points, the distance between the existing and proposed access points, vision clearance, and the preexisting location of the access point(s) on the subject property.
c. Access to all state highways will require a permit from ODOT. Access spacing and location shall address the access management policies and standards of the 1999 Oregon Highway Plan. Frontage improvements, such as curb and sidewalk to ADA standards, may be required by ODOT as a condition to access.
d. The applicant may be required to provide a traffic impact report prepared by an Oregon licensed traffic engineer.
The proposed use shall not impose an undue burden on the public transportation system. For developments that are likely to generate more than 400 average daily motor vehicle trips (ADTs), the applicant shall provide adequate information, such as a traffic impact study or traffic counts, to demonstrate the level of impact to the surrounding street system. The developer shall be required to mitigate impacts attributable to the project.
The determination of impact or effect and the scope of the impact study should be coordinated with the provider of the affected transportation facility.
Dedication of land for streets, transit facilities, sidewalks, bikeways, paths, or accessways shall be required where the existing transportation system will be impacted by or is inadequate to handle the additional burden caused by the proposed use.
Improvements such as paving, curbing, installation or contribution to traffic signals, construction of sidewalks, bikeways, accessways, paths, or streets that serve the proposed use shall be required where the existing transportation system may be burdened by the proposed use.
Every effort will be made to inform the applicant within 20 days of receiving a completed application whether a traffic impact report and/or a determination of the level of service will be required. Unforeseen circumstances could result in a delayed request for this information.
e. All proposed roads shall follow the natural topography and preserve natural features of the site as much as possible. Alignments shall be planned to minimize grading.
f. Access shall be properly placed in relation to sight distance, driveway spacing, and other related considerations, including opportunities for joint and cross access.
g. The road system shall provide adequate access to buildings for residents, visitors, deliveries, emergency vehicles, and garbage collection.
h. An internal pedestrian system of sidewalks or paths shall provide connections to parking areas, entrances to the development, and open space, recreational and other community facilities associated with the development. Streets shall have sidewalks on both sides. Pedestrian linkages shall also be provided to the peripheral street system.
i. Access shall be consistent with typical access management standards.
6. Storage. All outdoor storage areas and garbage collection areas shall be screened through the use of vegetative materials or appropriate fencing.
7. Equipment Storage. Design attention shall be given to the placement or storage of mechanical equipment so as to be screened from view and that an adequate sound buffer will be provided to meet at a minimum the requirements of the Municipal Code relative to noise, if any.
8. The following criteria shall be applied to the maximum extent possible without causing significant adverse impacts on the operating efficiency of the proposed use:
a. Compatibility. The height, bulk and scale of buildings shall be compatible with the site and the buildings in the vicinity. Use of materials shall promote harmony with surrounding structures and sites.
b. Design. Monotony design in single or multiple projects shall be avoided. Variety of detail, form and siting shall be used to provide visual interest.
c. Orientation. Buildings shall have their orientation toward the street rather than the parking area. A main entrance shall be oriented to the street. For lots with more than two front yards, the building(s) shall be oriented to the two busiest streets.
d. Parking. Parking areas shall be located behind the buildings or on one or both sides.
D. Compliance. After site plan approval or approval of a change to a site plan as provided in this title, it shall be unlawful for any person to cause or permit the proposed use in any manner except in complete and strict compliance with the approved site plan. [Ord. 01-02 § 2 (Exh. 2 § 4.13), 2001.]
17.16.120 Temporary use authorization.
A. The city recorder is authorized to permit short term, nonpermanent land uses not to exceed 10 calendar days for special events, sales, or other activities.
B. The city recorder may refer any requested temporary use permit to the city planning commission for approval. [Ord. 01-02 § 2 (Exh. 2 § 4.15), 2001.]