Chapter 15.445 SPECIAL USE STANDARDS

A. The structure used for a bed and breakfast establishment shall be designed for and occupied as a single-family residence. The structure shall maintain the characteristics of a single-family residence.

B. All residences used for bed and breakfast establishments shall be applicant occupied.

C. A minimum of one off-street parking space shall be provided for every two permitted guest sleeping rooms. In addition, parking standards normally required for single-family residences will apply.

D. The duration of each guest’s stay at the bed and breakfast establishment shall be limited to no more than seven consecutive days and no more than 15 days within a 30-day period.

E. Bed and breakfast establishments located in other than single-story buildings shall provide permanent or portable fire escape systems from the upper floor(s) in a manner acceptable to the Newberg fire department.

F. All bed and breakfast establishments shall conform to the requirements of the current edition of the Oregon Structural Specialty Code and Oregon Fire Code. [Ord. 2451, 12-2-96. Code 2001 § 151.630.]

Penalty: See NMC 15.05.120.

Article II. Manufactured Dwellings

15.445.015 Description and purpose.¹

The regulations contained in this article are intended to provide a suitable living environment for residents of mobile home parks, manufactured dwelling parks, and manufactured home subdivisions and set forth development standards that will be compatible with adjacent land uses. [Ord. 2747 § 1 (Exh. A § 13), 9-6-11; Ord. 2451, 12-2-96. Code 2001 § 151.655. Formerly 15.445.050.]

15.445.020 Applicability.

It is the policy of the city to conform its regulations to federal and state laws and regulations, and this article is a supplement to federal and state statutes, rules and regulations governing the manufacture and installation of manufactured dwellings and manufactured dwelling accessory structures, and the design and development of mobile home parks, manufactured dwelling parks, and manufactured home subdivisions. Nothing herein contained shall be construed to supersede or replace federal or state statutes, rules or regulations with respect to, but not limited to, park and manufactured dwelling setbacks, coverage, minimum play area, patio requirements, street and walkway design and lighting, accessory buildings and structures, skirting, tie-down, plumbing, electrical, fire safety, sanitation, certification and inspection requirements. [Ord. 2747 § 1 (Exh. A § 13), 9-6-11; Ord. 2451, 12-2-96. Code 2001 § 151.656. Formerly 15.445.060.]

15.445.030 Permitted locations.

Unless otherwise provided herein, upon compliance with applicable regulations and processes, manufactured dwellings only shall be permitted:

A. In approved mobile home parks or manufactured dwelling parks.

B. As manufactured homes in approved manufactured home subdivisions.

C. As manufactured homes on individual lots, where such homes meet the requirements of NMC 15.445.050 through 15.445.070.

D. In newly annexed areas or within manufactured dwelling districts on individual lots not meeting the standards of NMC 15.445.050 through 15.445.070 not located in a mobile home park, manufactured dwelling park, or manufactured home subdivision.

E. On a private lot for a period of not more than six months, during construction of a new home situated on the same lot. Before the expiration of this time, the applicant may petition the director for a six-month extension of this deadline if home construction is underway but not yet completed. The applicant shall post a bond or deposit of $1,000 with the director. Upon the removal of the manufactured dwelling from the premises, the director will return the bond or deposit. If, at the end of six months, the manufactured dwelling has not been removed, the bond or deposit will be forfeited, and the city will use this for the removal of the manufactured dwelling from the property. Before the manufactured dwelling is used, the applicant shall connect it to the city water and sewer systems with proper permits and inspections.

F. As general offices in commercial or industrial districts for a period of not more than 18 consecutive months, provided:

1. The director finds that such use will be reasonably compatible with and have minimal impact on uses on abutting property and in the surrounding neighborhood and grants approval based on this compatibility; and

2. Within six months from the date approval is granted on application for a building permit for a permanent structure or the permit is filed with the director. Failure to submit the application within the specified time will terminate the approval.

G. For temporary construction office use on the premises of new construction until the construction is completed.

H. As permanent living quarters for a night watchman or caretaker in commercial or industrial districts upon a finding by the director that such use will be reasonably compatible with and have minimal impact on uses on abutting property and in the surrounding neighborhood, is required for property security, and the director issues a permit. [Ord. 2747 § 1 (Exh. A § 13), 9-6-11; Ord. 2451, 12-2-96. Code 2001 § 151.657. Formerly 15.445.070.]

15.445.050 Manufactured homes on individual lots – Purpose.

Manufactured homes are allowed on individual lots in all residential areas. These development standards will allow manufactured homes to be intermixed with traditional “stick-built” housing while assuring that they are compatible with and contribute to the scale and harmony of their neighborhood. [Ord. 2747 § 1 (Exh. A § 13), 9-6-11; Ord. 2451, 12-2-96. Code 2001 § 151.640. Formerly 15.445.020.]

15.445.060 Manufactured homes on individual lots – Uses.

These regulations allow manufactured homes on individual lots as a permitted use in all residential zones, including placement as a duplex, triplex, quadplex, cottage or accessory dwelling. [Ord. 2889 § 2 (Exh. B § 41), 12-6-21; Ord. 2747 § 1 (Exh. A § 13), 9-6-11; Ord. 2451, 12-2-96. Code 2001 § 151.641. Formerly 15.445.030.]

15.445.070 Manufactured homes on individual lots – Development standards.

Manufactured homes on individual lots in all residential districts shall meet the following minimum standards:

A. Each manufactured home which provides only one residential dwelling unit shall enclose a space of not less than 1,000 square feet. Each individual dwelling unit must be multisectional.

B. Each manufactured home shall be placed on an excavated and back-filled foundation and enclosed on the perimeter such that the chassis shall be located not more than 12 inches above grade and any axles or other transportation mechanisms shall be removed.

C. Each manufactured home shall have a roof slope no less than three feet in height for every 12 feet in width.

D. Each manufactured home shall have exterior siding and roofing which in color, material, and appearance is the same as at least three other dwellings within 500 feet of the property or similar to the exterior siding and roofing material commonly used on “stick-built” residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the director.

E. All manufactured homes shall be certified by the manufacturer to have an exterior thermal envelope meeting performance standards which reduce levels equivalent to the performance standards required of single-family dwellings constructed under the State Building Codes defined in ORS 455.010.

F. All dwelling units shall have a carport or garage constructed of like materials. A garage shall be provided where at least 50 percent of the dwellings on abutting lots, including lots directly across the street, have garages.

G. Manufactured homes shall not be located immediately adjacent to, have a common property line with, or be separated only by a street from historic resources listed on the final inventory of historic resources in the comprehensive plan.

H. Manufactured homes placed as a duplex, triplex, quadplex, cottage or accessory dwelling shall be exempt from subsections (A) and (F) of this section. [Ord. 2889 § 2 (Exh. B § 42), 12-6-21; Ord. 2747 § 1 (Exh. A § 13), 9-6-11; Ord. 2451, 12-2-96. Code 2001 § 151.642. Formerly 15.445.040.]

15.445.075 Mobile home and manufactured dwelling parks – General provisions.

A. Minimum area: five acres.

B. Maximum area of lots or spaces: 150 or distinct neighborhoods with a maximum of 100 spaces each.

C. Maximum density shall not exceed the permitted density of the district.

D. Perimeter Treatment. Except as required for vision clearance, the outer perimeter of each park shall be improved with:

1. A masonry wall not less than four feet and not more than six feet in height shall be built around the perimeter of the park. Acceptable materials include brick, split-face concrete block, and concrete block with a stucco finish. Other types of exposed masonry may be used subject to review and approval of the director;

2. In addition to subsection (D)(1) of this section, adjacent to public streets, a landscape planter that is at least 10 feet in depth (this shall be in addition to the width of any required sidewalk). This landscaped area shall be dedicated as part of the public street.

E. Perimeter Setbacks. As measured from the property line, a minimum setback of 15 feet shall be provided for all homes and accessory structures along a public street. A minimum of five feet shall be provided for all other property lines. Projections as allowed under NMC 15.410.070 shall apply to these setbacks. [Ord. 2747 § 1 (Exh. A § 13), 9-6-11; Ord. 2505, 2-1-99; Ord. 2451, 12-2-96. Code 2001 § 151.664. Formerly 15.445.140.]

Penalty: See NMC 15.05.120.

15.445.080 Mobile home and manufactured dwelling parks – Application and processing.

An application for a mobile home park or manufactured dwelling park or the enlargement of an existing mobile home or manufactured dwelling park shall be processed under the site design review process under Chapter 15.220 NMC, subject to the following provisions:

A. The services of an architect, a landscape architect and an engineer, all licensed to practice in Oregon, shall be employed in the preparation and execution of all plans. Upon proof by the applicant that the scope of the proposal does not require the services of an architect, the director may waive that requirement.

B. In the event of denial, applications may be resubmitted within one year of the denial, provided the director finds the denial was based on internal (on-site) factors and now plans have been submitted which are sufficiently modified to warrant consideration by the city.

C. An enlargement of a mobile home park or manufactured dwelling park site or an increase in the number of mobile home or manufactured dwelling spaces shall be subject to the provisions of this code regulating new mobile home or manufactured dwelling parks. [Ord. 2747 § 1 (Exh. A § 13), 9-6-11; Ord. 2451, 12-2-96. Code 2001 § 151.658.]

15.445.090 Limiting mobile home parks and manufactured dwelling parks to mobile home park or manufactured dwelling park uses.

Manufactured dwelling parks may contain one manufactured dwelling or one recreational vehicle on each manufactured dwelling park space, and accessory uses to the manufactured dwelling park. Mobile home parks may contain one manufactured structure on each mobile home park space, and accessory uses to the mobile home park. Except as set forth in this code, no building or land within the boundary of a mobile home or manufactured dwelling park shall be used for any other purpose. Mobile home and manufactured dwelling parks shall conform to plans as approved by the city and the state. [Ord. 2747 § 1 (Exh. A § 13), 9-6-11; Ord. 2451, 12-2-96. Code 2001 § 151.659.]

Penalty: See NMC 15.05.120.

15.445.100 Mobile home and manufactured dwelling parks – Maintenance.

Mobile home parks and manufactured dwelling parks shall be maintained to continue to be in compliance with the applicable provisions of this code and state codes. [Ord. 2747 § 1 (Exh. A § 13), 9-6-11.]

15.445.110 Application for license to operate.

Repealed by Ord. 2747. [Ord. 2451, 12-2-96. Code 2001 § 151.661.]

15.445.150 Manufactured home subdivisions – General provisions.

A. Intent. It is the intent of this section to provide manufactured home owners with an alternative to renting space in a manufactured dwelling park or mobile home park; establish standards for permanent installation of manufactured homes in subdivisions; and establish certain design features enabling manufactured homes to blend with conventional housing.

B. Lot Size. The average size of lots in the subdivision shall not exceed 5,000 square feet.

C. Minimum Size. Five acres per subdivision.

D. Dwelling Types Permitted. Manufactured homes that comply with federal manufactured housing construction and safety standards regulations in effect at the time of construction are permitted. Mobile homes, recreational vehicles and residential trailers are not permitted.

E. Perimeter Treatment.

1. Boundary screening shall not be required; however, each manufactured home shall be:

a. Equipped with skirting which in design, color, and texture matches the exterior wall of the manufactured home; and

b. Covered by a roof pitched at a minimum slope of two inches in 12 inches, which is finished in nonreflective paint or permanently covered with nonreflective material.

2. When screening is installed, the director may require each owner-occupant in the subdivision to execute a homeowner’s association agreement or record protective covenants which have been approved by the city, and provides for its permanent maintenance.

F. Occupied Area Surface Treatment. Unless in conflict with state laws and regulations, all areas covered by manufactured home and accessory buildings shall be paved with asphalt or concrete, or covered with permanently contained crushed rock.

G. Code Conformance. Manufactured homes in manufactured home subdivisions must conform in all respects to local, state and federal requirements in effect at the time of their installation.

H. Removal. If a manufactured home is removed from its foundation and not replaced by another home within 30 days, the owner of the lot shall immediately thereafter remove the foundation, additions, and accessory structures, and disconnect and secure all utilities. [Ord. 2747 § 1 (Exh. A § 13), 9-6-11; Ord. 2451, 12-2-96. Code 2001 § 151.665.]

Penalty: See NMC 15.05.120.

15.445.160 Manufactured home subdivisions – Application and processing.

Land divisions for manufactured home subdivisions shall be subject to the provisions of this code to the same degree and in the same manner as conventional residential subdivisions. [Ord. 2747 § 1 (Exh. A § 13), 9-6-11; Ord. 2451, 12-2-96. Code 2001 § 151.666.]

Penalty: See NMC 15.05.120.

Article III. Recreational Vehicles

15.445.165 Allowable use of recreational vehicles.

No person shall maintain an occupied recreational vehicle at any location other than a mobile home park, manufactured dwelling park or recreational vehicle park licensed under the provisions of the state and this code, except as follows:

A. Temporary Use.

1. Bona fide recreational vehicles may be used by visitors of the residents, and shall be allowed on lots in residence areas for a period of time not to exceed 14 days.

2. Recreational vehicles may be used for a residence on a private lot for a period of not more than six months, during construction of a new home situated on the same lot. A bond or deposit of $500.00 shall be posted with the director, and upon the removal of the recreational vehicle from the premises, the deposit or bond will be returned. If, at the end of six months, the recreational vehicle has not been removed, the bond or deposit will be forfeited, and the city will use this for the removal of the recreational vehicle from the property. Before the recreational vehicle is used, it will be connected to the city water and sewer systems and passed on by the city plumbing inspector. A temporary permit must be obtained from the director and displayed on the recreational vehicle.

3. Recreational vehicles placed where specifically authorized by any other ordinance of the city.

B. Residential Use. No owner or person in charge of premises within the city shall occupy or allow the occupancy of a recreational vehicle upon the premises as permanent living quarters or beyond the time limits described in subsection (A) of this section, unless the recreational vehicle is placed on a manufactured dwelling park space, mobile home park space, or recreational vehicle park space.

C. Parking and Storage. No recreational vehicle shall be parked at the curb of any city street for more than 48 hours. Nothing contained herein shall prevent the parking of an unoccupied recreational vehicle not in daily use on the owner’s property; except, the vehicle may not be parked in the required front yard setback for more than 48 hours. [Ord. 2747 § 1 (Exh. A § 13), 9-6-11; Ord. 2451, 12-2-96. Code 2001 §§ 151.662, 151.663. Formerly 15.445.120 and 15.445.130]

Penalty: See NMC 15.05.120.

15.445.170 Recreational vehicle parks – General provisions.

RV parks shall require a conditional use permit in accordance with Chapter 15.225 NMC, and shall be processed using a Type III procedure.

A. Site Development Plan. A site plan shall be submitted which conforms with the site development plan standards listed in NMC 15.220.030.

B. Development Standards.

1. Park Density. Maximum density shall not exceed 25 spaces per acre.

2. Space Size. Each recreational vehicle space shall be at least 1,000 square feet in size.

3. Setbacks. No recreational vehicle space or park structure shall be located within 25 feet of a property line. When abutting a residential district, the setback shall be 50 feet.

4. Roadways. Roadways shall be finished with a durable, dust-free surface. Asphalt or concrete may be required adjacent to residential areas or commercial areas. The roadway widths shall be as follows:

a. A one-way roadway shall be a minimum of 12 feet in width, posted “no parking – fire lane.”

b. A two-lane road shall be a minimum of 20 feet wide, posted “no parking – fire lane.”

5. Parking. One parking space shall be provided at each recreational vehicle space. The parking space shall be finished with a durable, dust-free surface. Asphalt or concrete may be required adjacent to residential areas or commercial areas.

6. Common Facilities. The park shall provide toilets, lavatories, and showers in accordance to the Oregon Revised Statutes.

7. Perimeter Treatment. In addition to other landscaping improvements required by this code, the park shall screen all areas, other than entrances and landscaped street frontages, with the following:

a. A sight-obscuring fence or wall six feet in height; or

b. A maintained landscape hedge that will mature within three years and reach at least six feet in height; or

c. A combination of subsections (B)(7)(a) and (b) of this section.

C. Miscellaneous Provisions.

1. Length of Stay. To remain in the park for more than 30 days, a recreational vehicle shall be equipped with plumbing facilities and shall be connected with the water and wastewater systems of the park.

2. Accessory Uses. Accessory commercial operations shall cater only to the residents of the park. Such operations shall present no visible evidence from any street of their commercial character which would attract customers from outside the park. [Ord. 2747 § 1 (Exh. A § 13), 9-6-11; Ord. 2451, 12-2-96. Code 2001 § 151.667.]

Penalty: See NMC 15.05.120.

Article IV. Telecommunications Facilities

15.445.180 Description and purpose.

The purpose of this article is to:

A. Allow new transmission towers, but only when necessary to meet functional requirements of the broadcast industry.

B. Minimize visual impacts of towers through careful design, siting and vegetative screening.

C. Avoid potential damage to adjacent properties from tower failure and falling ice, through engineering and careful siting of tower structures.

D. Lessen impacts on surrounding residential areas.

E. Maximize use of any new transmission tower so as to minimize the need to construct new towers. [Ord. 2536, 11-6-00. Code 2001 § 151.670.]

15.445.190 Approval criteria.

New transmission towers or replacement of existing towers may be allowed, based on findings by the approval authority that the following criteria are met:

A. A good faith effort has been made to demonstrate that an existing tower cannot accommodate the proposed antennas and/or transmitter.

B. The tower and associate structures meet the setback, landscaping, parking and vegetation requirements of NMC 15.445.220.

C. The proposed tower has been structurally designed to accommodate the maximum number of additional users technically practicable.

D. The tower has minimal visual impact on the environment.

E. The tower meets the design review provisions of NMC 15.220.030.

F. The tower does not intrude into the airport imaginary surface areas as defined in NMC 15.05.030. [Ord. 2536, 11-6-00. Code 2001 § 151.671.]

15.445.200 Application requirements.

An application for approval of a Type II or Type III decision for a radio or television transmission tower shall contain at least the following information before it is complete:

A. Site Plan. Site plan or plans to scale specifying the location of tower(s), guy anchors (if any), transmission building and/or other accessory uses, access, parking, fences, landscaped areas, and adjacent land uses. Such plan shall also demonstrate compliance with NMC 15.445.220(B) and (C).

B. Landscape Plan. Landscape plan to scale indicating size, spacing and type of plantings required in NMC 15.445.220(H).

C. Engineer’s Report. Report from a professional engineer licensed in the State of Oregon, documenting the following:

1. Tower height and design, including technical, engineering, economic, and other pertinent factors governing selection of the proposed design. A cross-section of the tower structure shall be included.

2. Total anticipated capacity of the structure, including number and types of antennas which can be accommodated.

3. Evidence of structural integrity of the tower structure as required by the building official.

4. Failure characteristics of the tower and demonstration that the site and setbacks are of adequate size to contain debris.

5. Ice hazards and mitigation measures which have been employed, including increased setbacks and/or de-icing equipment.

6. Specific design and reconstruction plans indicating the means by which the shared use provisions of this section will be met. This submission is required only in the event that the applicant intends to meet the shared use requirements of this section by subsequent reinforcement and reconstruction of the tower.

7. The requirement of subsection (C)(6) of this section may be deferred if:

a. At the time the building permit for the tower is issued, there are no applications before the FCC that could use the tower; or

b. The applications which are before the FCC have contractual arrangements for the use of other towers.

D. Letter of Intent.

1. The applicant shall provide a letter of intent to lease excess space on the tower structure and to lease additional applicant-controlled excess land on the tower site when the shared-use potential of the tower is absorbed, if structurally and technically possible. A reasonable pro rata charge may be made for shared use, consistent with an appropriate sharing of construction, financing and maintenance costs. Fees may also be charged for any structural or RF changes necessitated by such shared use. Such sharing shall be a condition of approval if approval is granted.

2. The applicant shall base charges on generally accepted accounting principles and shall explain the elements included in the charge, including, but not limited to, a pro rata share of actual site selection and processing costs, land costs, site design, construction and maintenance costs, finance costs, return on equity, and depreciation.

E. Tower Capacity. The applicant shall quantify the additional tower capacity anticipated, including the approximate number and types of antennas. The applicant shall also describe any limitations on the ability of the tower to accommodate other uses, e.g., radio frequency interference, mass height, frequency or other characteristics. The applicant shall describe the technical options available to overcome those limitations and reasons why the technical options considered were not chosen to be incorporated. The approval authority shall approve those limitations if they cannot be overcome by reasonable technical means.

F. Evidence of Lack of Space. Evidence of the lack of space on all suitable existing towers to locate the proposed antenna and of the lack of space on existing tower sites to construct a tower for the proposed antenna.

G. Written Authorization. Written authorization from adjoining property owners if needed, under NMC 15.445.220(C).

H. Written Evidence. Written evidence from the Federal Communications Commission related to a request for approval of a reduction in the capacity of the proposed tower under NMC 15.445.220(D), if needed. [Ord. 2536, 11-6-00. Code 2001 § 151.672.]

15.445.210 Conditions of approval.

The following conditions of approval must be met prior to issuance of a building permit for any telecommunications facility:

A. Agency Statements. The applicant shall provide the following information in writing from the appropriate responsible official:

1. Confirmation that a Federal Communications Commission (FCC) antenna structure registration application (FCC 854 Form) has been approved, or a statement that an application is not required.

2. Confirmation that the Federal Aviation Administration (FAA) has been notified and that the facility has not been found to be a hazard to air navigation under FAA regulations, or a statement that compliance is not required.

3. A statement from the Oregon State Department of Aviation (OSDA) that the application has been found to comply with the applicable regulations of the Department, or a statement that no such compliance is required.

4. The director may waive the statements in subsections (A)(1) through (3) of this section when the applicant demonstrates that a good faith, timely effort was made to obtain such responses but that no such response was forthcoming, provided the applicant conveys any response received; and further, provided any subsequent response that is received is conveyed to the approval authority as soon as possible.

B. Franchise Agreement. The applicant shall complete a franchise or license agreement with the city if the facility is located within the public right-of-way. [Ord. 2536, 11-6-00. Code 2001 § 151.673.]

15.445.220 Installation standards.

A. Shared Use of Existing Towers. The applicant shall make a good faith effort to substantially demonstrate that no existing tower can accommodate the applicant’s proposed antenna/transmitter as described below.

1. The applicant shall contact the owners of all existing towers, of a height roughly equal to or greater than the height of the tower proposed by the applicant. A list shall be provided of all owners contacted, the date of such contact, and the form and content of such contact.

2. Such contact shall be made in a timely manner; that is, sufficiently before the filing of an application for a hearing to include a response into the application when filed.

a. Where an existing tower is known to have capacity for additional antennas of the sort proposed, the application for a new tower shall not be deemed complete until the owner of the existing tower responds. Failure of a listed owner to respond shall not be relevant to the approval authority if a timely, good faith effort was made to obtain a response and a response was not received within 30 days of the request.

b. The director shall maintain and provide, on request, records of responses from each owner.

c. Once an owner demonstrates an antenna of the sort proposed by the applicant cannot be accommodated on the owner’s tower as described below, the owner need not be contacted by future applicants for antennas of the sort proposed.

3. The applicant shall provide the following information from each owner contacted:

a. Identification of the site by location, tax lot number, existing uses, and tower height.

b. Whether each such tower could structurally accommodate the antenna proposed by the applicant without requiring structural changes be made to the tower. To enable the owner to respond, the applicant shall provide each such owner with the height, length, weight, and other relevant data about the proposed antenna.

c. Whether each such tower could structurally accommodate the proposed antenna if structural changes were made, not including totally rebuilding the tower. If so, the owner shall specify in general terms what structural changes would be required.

d. If structurally able, would shared use by such existing tower be precluded for reasons related to RF interference. If so, the owner shall describe in general terms what changes in either the existing or proposed antenna would be required to accommodate the proposed tower, if at all.

e. If shared use is possible based on subsections (A)(3)(a) through (d) of this section, the fee an owner of an existing tower would charge for such shared use.

4. Shared use is not 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. The approval authority may consider expert testimony to determine whether the fee and costs are reasonable. Costs exceeding new tower development are presumed unreasonable.

B. Tower Setbacks.

1. Only one tower per lot is authorized. Towers shall be set back from any existing structure on the site, abutting properties, and public rights-of-way a minimum distance equal to 30 percent of the height of the tower, measured from the base of the tower to the structure, abutting property or public right-of-way. All towers shall be set back from a residential zone a distance equal to or greater than 100 percent of the tower height, measured from the base of the tower to the nearest property line of a residentially zoned lot. The setback requirements of this section shall not apply towards:

a. Antennas incorporated into, and no more than 18 feet above, existing or new buildings;

b. Antennas incorporated into, and no more than 18 feet above, existing structures;

c. Antenna support structures incorporated into, and no more than 18 feet above, existing or new buildings.

2. Towers must meet all setback, design and landscape requirements of the code.

3. No new tower may be installed closer than 2,000 feet from any existing or proposed tower, unless approved through the Type III conditional use permit process.

C. Guy Setback.

1. Guy anchors shall be set back a minimum of 25 feet from any property line, public property or street abutting the site.

2. A guy anchor may be located on an adjoining property when:

a. The owner of the adjoining property on which it is to be placed authorizes it in writing; and

b. The guy anchor meets the requirements of subsection (C)(2)(a) of this section as to all other setback requirements.

c. Guy anchors may be located within required landscape areas.

D. Required Sharing of New Towers. All new towers shall be designed to structurally accommodate the maximum number of additional users technically practicable, but in no case less than the following:

1. For television antenna towers, at least three high-power television antennas and one microwave facility or two FM antennas, and at least one two-way radio antenna for every 10 feet of the tower over 200 feet.

2. For any other towers, at least one two-way radio antenna for every 10 feet of the tower, or at least one two-way radio antenna for every 20 feet of the tower and at least one microwave facility.

3. Such other combination as found by the approval authority to provide the maximum possible number of foreseeable users.

a. Such requirements may be reduced if the Federal Communications Commission provides a written statement that no more licenses for those broadcast frequencies that could use the tower will be available in the foreseeable future.

b. Such requirements may be reduced if the size of the tower required significantly exceeds the size of the existing towers in the area and would create an unusually onerous visual impact that would dominate and alter the visual character of the area when compared to the impact of other existing towers. This provision is only to be applied in unusual circumstances not resulting from the applicant’s action or site selection unless no other site is possible.

4. Additional antennas and accessory uses to existing antennas may be added to an existing tower, under a Type I application, if the existing tower meets the setback and landscaping requirements of subsections (B), (C) and (G) of this section. Accessory uses shall include only such buildings and facilities necessary for transmission function and satellite ground stations associated with them, but shall not include broadcast studios, offices, vehicle storage areas, nor other similar uses not necessary for the transmission function. Accessory uses may include studio facilities for emergency broadcast purposes or for other special, limited purposes found by the approval authority not to create significant additional impacts nor to require construction of additional buildings or facilities exceeding 25 percent of the floor area of other permitted buildings.

5. If a new tower is approved, the applicant shall:

a. Record the letter of intent required in NMC 15.445.200(D) in miscellaneous deed records of the office of the county recorder;

b. Respond in a timely, comprehensive manner to a request for information from a potential shared use applicant required under subsection (A) of this section;

c. Negotiate in good faith for shared use by third parties; and

d. Allow shared use where the third party seeking such use agrees in writing to pay reasonable pro rata charges for sharing, including all charges necessary to modify the tower and transmitters to accommodate shared use, but not total tower reconstruction, and to observe whatever technical requirements are necessary to allow shared use without creating interference.

e. Grounds for Suspension or Revocation.

i. Willful, knowing failure of an owner whose tower was approved after November 6, 2000, to comply with the requirement of subsections (D)(5)(a) through (d) of this section shall be grounds for suspension or revocation of the use. Following report of such failure, the director shall schedule a hearing to determine whether the use should be suspended or revoked. The hearing shall be processed as a Type III public hearing before the planning commission.

ii. Such conditions shall run with the land and be binding on subsequent purchasers of the tower site.

E. 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. Towers shall be painted and lighted as follows:

1. Towers 200 feet or less in height shall be painted in accordance with regulations of the Federal Aviation Administration and/or Oregon State Department of Aviation. Where such regulations do not apply, towers shall be camouflaged. All new towers and antennas must either be camouflaged or employ appropriate stealth technologies that are visually compatible with a host building or structure, or the surrounding natural environment. The type of camouflage may include trees, flagpoles, bell towers, smoke stacks, steeples; however, other types of camouflage may be approved at the discretion of the decision making body.

2. Towers more than 200 feet in height shall be painted in accordance with regulations of the Federal Aviation Administration and the Oregon State Department of Aviation.

3. Towers shall be illuminated as required by the Federal Aviation Administration and the Oregon State Department of Aviation.

4. Towers shall be the minimum height necessary to provide parity with existing similar tower-supported antennas and shall be freestanding where the negative visual effect is less than would be created by use of a guyed tower.

F. Parking. A minimum of two parking spaces shall be provided on each site; an additional parking space for each two employees shall be provided at facilities which require on-site personnel. The director may authorize the joint use of parking facilities subject to the requirements of NMC 15.440.050.

G. Vegetation. Existing landscaping on the site shall be preserved to the greatest practical extent. The applicant shall provide a site plan showing existing significant vegetation to be removed, and vegetation to be replanted to replace that lost.

H. Landscaping. Landscape material shall include the following:

1. For towers 200 feet tall or less, a 20-foot-wide landscape buffer is required immediately adjacent to the structure containing the telecommunications facility. At least one row of evergreen trees or shrubs, not less than four feet high at the time of planting, and spaced not more than 15 feet apart, shall be provided within the landscape buffer. Shrubs should be of a variety which can be expected to grow to form a continuous hedge at least five feet in height within two years of planting. Trees and shrubs in the vicinity of guy wires shall be of a kind that would not exceed 20 feet in height or would not affect the stability of the guys, should they be uprooted, and shall not obscure visibility of the anchor from the transmission building or security facilities and staff.

2. For towers more than 200 feet tall, a 40-foot-wide landscape buffer shall be provided immediately adjacent to the structure containing the telecommunications facility. Provide at least one row of evergreen shrubs spaced not more than five feet apart which will grow to form a continuous hedge at least five feet in height within two years of planting; one row of deciduous trees, not less than one-and-one-half-inch caliper measured three feet from the ground at the time of planting, and spaced not more than 20 feet apart; and at least one row of evergreen trees, not less than four feet at the time of planting, and spaced not more than 15 feet apart. Trees and shrubs in the vicinity of guy wires shall be of a kind that would not exceed 20 feet in height or would not affect the stability of the guys, should they be uprooted, and shall not obscure visibility of the anchor from the transmission building or security facilities and staff.

3. In lieu of these standards, the approval authority may allow use of an alternate detailed plan and specifications for landscaping, screening, plantings, fences, walls, structures and other features designed to camouflage, screen and buffer towers and accessory uses. The plan shall accomplish the same degree of screening achieved in subsections (H)(1) and (2) of this section, except as lesser requirements are desirable for adequate visibility for security purposes.

4. Grounds maintenance, including landscaping, shall be provided and maintained for the duration of the use, to encourage health of plant material and to protect public health and safety. The maintenance shall be the responsibility of the property owner, and/or the lessee of the property, and/or the owner of the tower.

I. Utility Pole Setback. When a telecommunications facility is located on an existing utility pole, the standards identified in subsections (A) through (D) and (F) through (H) of this section do not apply. [Ord. 2709 § 1, 2-17-09; Ord. 2536, 11-6-00. Code 2001 § 151.674.]

15.445.230 Removal standards.

Telecommunication equipment facility removal is required if the equipment is out of use for more than 90 days. [Ord. 2536, 11-6-00. Code 2001 § 151.675.]

15.445.240 Exemptions.

The following uses are exempt from all requirements of this section:

A. All portable, hand-held and vehicular transmission sources.

B. Industrial, scientific, and medical equipment operating at frequencies designated for that purpose by the FCC.

C. Radio frequency machines:

1. Which have an effective radiated power of seven watts or less;

2. Which are designated and marketed as consumer products, such as microwave ovens, citizen band radios, and remote control toys, or which are in storage, shipment or on display for sale, provided such machines are not operated;

3. Amateur intermittent sole source emitters of less than one KW average output. [Ord. 2536, 11-6-00. Code 2001 § 151.676.]

Article V. Accessory Dwelling Units

15.445.250 Purpose.

This article provides clear and objective standards for the establishment of accessory dwelling units where an existing single-family dwelling is located. The purpose is to achieve the following:

A. Increase the number of affordable housing units in the community.

B. Increase residential densities with minimal impact on the quality or character of existing neighborhoods.

C. Allow small and/or older households to retain large homes as residences.

D. Permit young households to achieve home ownership by using the rent from the accessory unit to offset mortgage costs.

E. Provide needed space for elderly family members, teenagers, and/or returning adult children. [Ord. 2832 § 1 (Exh. A), 7-2-18; Ord. 2505, 2-1-99. Code 2001 § 151.678.1.]

15.445.260 Development standards.

A. Location. Accessory dwelling units are outright permitted uses in the R-1, R-2, R-3, RP, I and AR zones. Accessory dwelling units are a conditional use in the C-2 and C-3 zones.

B. Limitations. An accessory dwelling unit is permitted, providing there is compliance with all of the following standards:

1. An accessory dwelling unit may be created within the interior or as an addition to an attached or detached residential structure or as a freestanding accessory building.

2. An accessory dwelling unit may not exceed 50 percent of the size of the primary unit, up to a maximum of 1,000 square feet.

3. The number of residents permitted to inhabit the accessory dwelling unit is regulated by the current edition of the Oregon Residential Specialty Code.

4. The primary residence shall provide parking per NMC 15.440.030. The accessory dwelling unit does not require on-site parking.

5. Owner occupancy of the primary unit or accessory dwelling unit is not required.

6. An accessory dwelling unit cannot be partitioned or subdivided from the parcel of the primary unit if there are shared water and wastewater lines.

7. There shall be compliance with all of the development standards established in the base zone. [Ord. 2858 § 1 (Exh. A), 3-16-20; Ord. 2832 § 1 (Exh. A), 7-2-18; Ord. 2730 § 1 (Exh. A (15)), 10-18-10; Ord. 2505, 2-1-99. Code 2001 § 151.678.2.]

15.445.270 Approval.

To obtain approval to create an accessory dwelling unit, the applicant must demonstrate compliance with all of the requirements of NMC 15.445.260. The application shall be processed as a Type I procedure as regulated by NMC 15.100.130. [Ord. 2832 § 1 (Exh. A), 7-2-18; Ord. 2730 § 1 (Exh. A (15)), 10-18-10; Ord. 2505, 2-1-99. Code 2001 § 151.678.3.]

Article VI. Amateur Radio

15.445.280 Amateur radio and citizen band antenna.

A. Amateur radio and citizen band antenna support structures and amateur radio and citizen band antennas, which themselves are deemed structures under the Oregon Structural Specialty Code or the Oregon Residential Specialty Code, that are located in a residential district, shall require a development permit. All other amateur radio and citizen band antennas that are located in residential districts shall not require a development permit but shall conform to the applicable provisions of this code.

B. When a development permit is required, the application shall be processed under the Type I procedure. The application shall be found to be consistent with the requirements of subsections (B)(1) through (9) of this section. The Type II procedure shall apply when the applicant requests consideration under subsection (B)(10) of this section, which is an exception to the yard setback, locational and height provision requirements.

1. The amateur radio or citizen band antenna shall not be located closer than six feet from a dwelling other than the dwelling on the same lot.

2. The maximum height of an antenna and support structure shall be 100 feet. The height of a crank-up tower shall be measured when fully extended.

3. Antenna support structures shall be located outside of required interior yard setbacks and behind the front building line of the dwelling or other primary structure on the site.

4. Tower-type vertical antennas and antenna support structures, extending more than 35 feet in height from mounting point, shall be set back from all property lines at least a distance equal to 30 percent of the height. For purposes of this subsection, the height of an antenna support structure shall include the linear vertical distance to the highest point of any mast and/or antenna mounted on the structure, or the highest point of the support structure, whichever is greater. The setback distance shall be calculated from all property lines to the closest point of the vertical aspect of the affected antenna or support structure. Horizontal space occupied by an antenna shall not be included in the setback calculation. The wire portions of inverted-vee, dipole, sloper and similar-type antennas shall be exempt from this subsection.

5. Guy wires and anchors shall be located outside of required front yard setbacks.

6. No part of an antenna or its support structure, including parts that can be rotated, shall extend over any adjacent lot.

7. The following color standards apply to ground-mounted amateur radio or citizen band antenna support structures greater than 55 feet and up to 200 feet in height:

a. Metal structures shall have a galvanized finish, or be flat or matte silver or flat or matte gray in color.

b. Wooden pole antenna support structures shall be of a natural wood color or a paint or stain approximating a natural wood color.

8. Ground-mounted amateur radio or citizen band antenna support structures more than 200 feet in height shall comply with locational, painting and lighting regulations of the Oregon Aeronautics Division, Federal Aviation Administration, and Federal Communications Commission.

9. If the antenna is mounted on a dwelling or other building without an antenna support structure, then the antenna shall be at least 20 feet from all property lines. This subsection does not apply to: the wire portions of inverted-vee, dipole, sloper and similar-type antennas; antennas with a wind-loading surface area of three square feet or less; wire antennas less than three feet above the height of the structure on which mounted; or “whip”-type antennas. No antenna mounted on a dwelling or other building without an antenna support structure shall exceed a height of 40 feet above the top of the structure.

10. Exceptions to yard setback, locational or height provisions are allowed if the yard setback, locational or height provision would prevent effective amateur communications or the generation, detection or processing of radio frequency energy. The antenna and/or support structure may be excepted to the yard setback, locational or height provision; provided, that:

a. The applicant provides documentation that the exception is needed for the operation of the amateur radio or citizen band facility; and

b. The applicant provides documentation that the request is the minimum necessary exception from the yard setback, locational or height provisions of this section; and

c. If the exception would result in any part of an antenna or support structure, including parts that can be rotated, extending over any adjacent property, then the applicant shall provide a copy of an easement from the owner of the affected property authorizing such extension. [Ord. 2451, 12-2-96. Code 2001 § 151.679.]

Penalty: See NMC 15.05.120.

Article VII. Vacation Rental Homes

15.445.300 Application and purpose.

These standards apply to a single-family dwelling unit that is used, rented or occupied for periods of less than 30 days, or is available, advertised, or listed by an agent as available for use, rent for occupancy for periods of less than 30 days. The purpose is to maintain the peace, quiet, traffic patterns, and property maintenance typical for the residential neighborhood. [Ord. 2763 § 1 (Exh. A § 17), 9-16-13.]

15.445.310 Where allowed.

Vacation rental homes are permitted in areas shown on Chapter 15.305 NMC. The vacation rental home must be a structure approved for occupancy as a single-family dwelling unit. [Ord. 2763 § 1 (Exh. A § 17), 9-16-13.]

15.445.320 Registration required.

Prior to use or advertising for use of a dwelling as a vacation rental home, the owner or operator shall register the vacation rental home with the city on forms provided by the director. The registration shall include such information required by the director, including the name and contact information for the owner, operator and a local contact. [Ord. 2763 § 1 (Exh. A § 17), 9-16-13.]

15.445.330 Standards.

A. The vacation rental home shall provide a minimum of two parking spaces on the site that are available for use of the rental occupants.

B. The applicant shall provide for regular refuse collection.

C. The vacation rental home may not be occupied by more than two rental occupants per bedroom, up to a maximum of 15 people.

D. The premises of the vacation rental home may not include any occupied recreational vehicle, trailer, tent or temporary shelter during the rental occupancy. [Ord. 2763 § 1 (Exh. A § 17), 9-16-13.]

15.445.340 Registration posting.

The applicant shall post the vacation rental home registration within the dwelling adjacent to the front door. At a minimum, the posting will contain the following information:

A. The name of the operator and a telephone number where the operator may be reached.

B. The telephone number for the police department.

C. The maximum number of occupants permitted to stay in the dwelling.

D. The standards for the rental occupancy.

E. The solid waste collection day. [Ord. 2763 § 1 (Exh. A § 17), 9-16-13.]

15.445.350 Complaints and revocation of registration.

If the city receives two or more written complaints within a one-year period regarding a vacation rental home occupancy, and the issues have not been resolved through the code enforcement officer, the city manager may schedule a hearing to consider revoking the vacation rental home registration. The hearing may be conducted by the city manager, or other such hearings officer as the city manager may appoint for this purpose. The city manager shall notify the owner and operator of the hearing, those submitting written complaints, and may invite others to submit testimony at the hearing. After hearing the facts, the city manager may do any of the following:

A. Revoke the registration for noncompliance with the standards in this section. If this permit is revoked, the premises may not be used as a vacation rental home for a period of two years, or a period of lesser time as determined by the hearings officer.

B. Impose additional conditions necessary to fulfill the purpose of this section.

C. Establish a probationary period to monitor compliance.

D. Dismiss the complaint.

E. Refer the matter to the code enforcement officer for citation in municipal court or other appropriate jurisdiction.

The hearings officer’s decision may be appealed to the planning commission by the applicant, owner, or person filing the written complaint within 14 calendar days of the date of the decision in the manner provided in NMC 15.100.170. [Ord. 2763 § 1 (Exh. A § 17), 9-16-13.]

Article VIII. Small-Scale Food and Beverage Production in Commercial Zones

15.445.400 Application and purpose.

These standards apply to small-scale food and beverage production in commercial zones. These uses are primarily manufacturing, processing and storage facilities but have accessory tasting rooms, dining areas, or retail space. Some types of retail bakeries, wineries, breweries and distilleries fit in this category. The purpose is to allow small-scale food and beverage production in commercial zones if the uses can meet certain design standards that will maintain the commercial character of the zone. Larger scale food and beverage production is allowed in certain of Newberg’s industrial zones. [Ord. 2763 § 1 (Exh. A § 18), 9-16-13.]

15.445.410 Where allowed.

Small-scale food and beverage production is allowed in the C-2 and C-3 commercial zones if the use meets the development standards listed below. If the use cannot meet the development standards below, then it is a conditional use in the C-2 and C-3 commercial zones and would require review by the planning commission. [Ord. 2763 § 1 (Exh. A § 18), 9-16-13.]

15.445.420 Standards.

A. Retail Use. At least 25 percent of the gross floor area must be for retail, dining, or similar customer use, with a minimum of 1,000 square feet.

B. Not Next to Residential. The site cannot abut a site with residential zoning.

C. Loading Area. The site must have a loading area for trucks. This could be a loading dock, an on-site paved loading area, or an adjacent alley.

D. Size Limit. The maximum size of the production area is limited to 10,000 square feet.

E. Outdoor Storage. Outdoor storage of materials on site is limited to a small (under 400 square feet) fenced and screened area. [Ord. 2763 § 1 (Exh. A § 18), 9-16-13.]

15.445.430 Approval.

To obtain approval for a small-scale food and beverage production use in the C-2 or C-3 commercial zones, the applicant must demonstrate compliance with all of the development standards. The application shall be processed as a Type I or II design review procedure, depending on the extent of building remodeling, as regulated by NMC 15.220.020. If the proposed use cannot meet any of the design standards in NMC 15.445.420, then it would require a Type III conditional use permit and design review as regulated by Chapter 15.225 NMC. [Ord. 2763 § 1 (Exh. A § 18), 9-16-13.]

Code reviser’s note: Ord. 2747 includes this section as NMC 15.445.010. This section has been editorially renumbered to prevent duplication of numbering.