No building, structure, or land shall hereafter be used or occupied, and no building, structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered contrary to the provisions of this title. No lot area, yard, or required off-street parking or loading area existing on or after the effective date of the ordinance codified in this title shall be reduced in area, dimension, or size below the minimums required by this title, nor shall any lot area, yard, or required off-street parking or loading area that is required by this title for one use be used to satisfy the lot area, yard, off-street parking or loading area requirement for any other use, except as may be provided in this title. (Ord. 740 section 10.3.05(A), 1984)

   A.   The location and boundaries of the zones designated in this division are established as shown on the map entitled “Zoning Map of the City of Canby” dated with the effective date of the ordinance codified in this title and signed by the Mayor and the city recorder and hereafter referred to as the zoning map.

   B.   The signed copy of the zoning map shall be maintained on file in the office of the city recorder and is made a part of this title. (Ord. 740 section 10.3.05(B), 1984)

Unless otherwise specified, zone boundaries are lot lines or the centerline of streets, railroad rights-of-way, or such lines extended. Where a zone boundary divides a lot into two or more zones, the entire lot shall be considered to be in the zone containing the greater lot area, provided the boundary adjustment is a distance of less than twenty feet. (Ord. 740 section 10.3.05(C), (1984)

Zoning of newly annexed areas shall be considered by the Planning Commission in its review and by the Council in conducting its public hearing for the annexation. (Ord. 740 section 10.3.05(D), 1984)(Ord. 1294, 2008)

In addition to the provisions of the motor vehicle laws of Oregon regulating parking, no person shall park any vehicle, except an automobile, motorcycle, van or pickup truck rated no larger than one ton, on any public street or alley within any residential zone, except for an emergency or for the purpose of loading or unloading. (Ord. 740 section 10.3.05(E), 1984)

(Ord. 740 section 10.3.05(F), 1984; renumbered as 16.64.040(I)(6) by Ord. 1043 section 3, 2000)

In no case shall a lot which has been created in violation of state statute or city ordinance be considered as a lot of record for development purposes, until such violation has been legally remedied. (Ord. 740 section 10.3.05(G), 1984)

   A.   When there are existing dwellings on the lots situated immediately to each side of a given lot and each of those neighboring lots has less than the required street yard depth, the street yard of the subject property may be reduced to the average street yard of those two abutting lots.

   B.   When there is an existing dwelling situated on a lot immediately to either side of a given lot which fronts on the same street, and such existing dwelling has a street yard which is less than half of that required in the zone, the street yard of the subject property may be reduced to a depth which is halfway between that normally required in the zone and that of the existing dwelling on the neighboring lot.

   C.   If, on the effective date of the ordinance codified in this title, a lot or the aggregate of contiguous lots held in a single ownership has less than the required area or width, the lot or lots may be occupied by a permitted use subject to the other requirements of the zone; provided that if the deficiency is one of area, residential uses shall be limited to single-family dwellings; and further provided that if the deficiency is one of width, each required interior yard may be reduced by one foot for each four feet of deficient width. In no case, however, shall such reduction result in an interior yard of less than five feet.

   D.   Where two or more contiguous substandard recorded lots are in common ownership and are of such size to constitute at least one conforming zoning lot, such lots or portions thereof shall be so joined, developed, and used for the purpose of forming an effective and conforming lot or lots. Such contiguous substandard lots in common ownership shall be considered as being maintained in common ownership after the effective date of the ordinance codified in this title for zoning purposes. (Ord. 740 section 10.3.05(H), 1984; Ord. 1237, 2007)

   A.   In all commercially zoned areas, the construction of sidewalks and curbs (with appropriate ramps for the handicapped on each corner lot) shall be required as a condition of the issuance of a building permit for new construction or substantial remodeling, where such work is estimated to exceed a valuation of twenty thousand dollars, as determined by the building code. Where multiple permits are issued for construction on the same site, this requirement shall be imposed when the total valuation exceeds twenty thousand dollars in any calendar year.

   B.   The Planning Commission may impose appropriate sidewalk and curbing requirements as a condition of approving any discretionary application it reviews. (Ord. 740 section 10.3.05(I), 1984)

The following types of structures or structural posts are not subject to the building height limitations: chimneys, cupolas, tanks, church spires, belfries, derricks, fire and hose towers, flagpoles, water tanks, elevators, windmills, utility poles and other similar projections. The height of wireless telecommunications systems facilities shall be in accordance with section 16.08.120. (Ord. 740 section 10.3.05(J), 1984; Ord. 981 section 18, 1997)

The City's fence code is intended to balance privacy with safety and aesthetic considerations.

   A.    In no case shall a fence be constructed in the vision clearance triangle of a street, alley, or pedestrian/bicycle pathway. This applies in all zones and in all lot configurations and supersedes all permitted fence heights identified in the subsections below. As defined in Chapter 16.04, vision clearance triangles must be free of obstructions between two and one-half feet and ten feet in height.

   B.    Fences not more than three and one-half feet in height may be constructed within the front street setbacks of any R-1, R-1.5, R-2, C-R, or C-1 zone. Fences not more than six feet in height may be constructed in any interior yard, rear yard, or along an alley.

   C.    On corner lots, fences may be constructed up to six feet in height along the secondary street frontage in the side yard setback (i.e., in the street-adjacent side yard), except where the side setback overlaps the lot's front setback. As with all fences within the front setback, fences that continue into the front setback must then step down to a maximum of three and a half feet.

   D.    On lots where a rear yard abuts a public street or alley (such as "through lots" as defined in Chapter 16.04), rear yard fences may be constructed up to six feet in height.

   E.    The Planning Commission may require sight-blocking or noise mitigating fences for any development it reviews. Any such requirement shall be tied to a specific adverse impact caused by the project (including impacts related to land use compatibility) and not required purely for aesthetic reasons.

   Fences of up to eight feet in height are permitted for any development in C-2, C-M, M-1 or M-2 zones, including property lines where residential uses abut these zones.

   F.    No fence/wall shall be constructed throughout a subdivision, planned unit development or be part of a project that is/was subject to site and design review approval where the effect or purpose is to wall said project off from the rest of the community unless reviewed and approved bythe Planning Commission.

   G.    In R-1, R-1.5, R-2, C-R, and C-1 zones, private fences along a public pedestrian/bicycle pathway may be constructed up to six feet in height, except within a 20-foot setback along the street where they must step down to no more than three and one-half feet, as with other fences in those zones. In the C-2, C-M, M-1, and M-2 zones, private fences along public pedestrian pathways may be constructed up to eight feet but may not conflict with vision clearance requirements.

   H.    Use of hazardous materials. Fences and walls shall not be constructed of or contain any material which will do bodily harm, such as electric or barbed wire, razor wire, broken glass, spikes, or any other hazardous or dangerous material, except as follows:

      1.   Electrical fences categorically permitted by Oregon House Bill 4027.

      2.   In commercial and industrial zones barbed wire is permitted attached to the top of a fence that is at least six foot in height above grade; provided, that barbed wire shall not extend over a street, sidewalk, alley or roadway. The attached barbed wire shall be placed at least six inches above the top of the fence. (Ord. 890 section 8, 1993; Ord. 740 section 10.3.05(K), 1984; Ord. 955 section 2, 1996; Ord. 981 section 43, 1997; Ord. 1338, 2010; Ord. 1514, 2019; Ord. 1655, 2025)

   A.   Pursuant to the Transportation Planning Rule, projects that are specifically identified in the Canby Transportation System Plan, for which the City has made all the required land use and goal compliance findings, are permitted outright and subject only to the standards established by the Transportation System Plan. This section pertains to additional transportation projects that may not be identified in the Canby Transportation System Plan, and whether the use is permitted outright or permitted subject to the issuance of a conditional use permit.

      1.   Except where otherwise specifically regulated by this ordinance, the following improvements are permitted outright:

            i.   Normal operation, maintenance, repair, and preservation of existing transportation facilities.

            ii.   installation of culverts, pathways, medians, fencing, guardrails, lighting, and similar types of improvements within the existing right-of-way.

            iii.   Projects specifically identified in the Transportation System Plan as not requiring further land use regulation.

            iv.   Landscaping as part of a transportation facility.

            v.   Emergency measures necessary for safety and the protection of property.

            vi.   Acquisition of right-of-way for public roads, highways, and other transportation improvements designated in the Transportation System Plan, except for those that are located in exclusive farm use or forest zones.

            vii.   Construction of a local street or road as part of subdivision or land partition approved consistent with this Ordinance.

      2.   Except where otherwise specifically regulated by this ordinance, the following improvements are permitted as a conditional use:

         a.   Construction, reconstruction, or widening, and other projects authorized by the Transportation System Plan but not included in the list of projects in the Transportation System Plan. These projects shall comply with the Transportation System Plan and applicable standards, and shall address the following criteria. For State projects that require an Environmental Impact Statement (EIS) or Environmental Assessment (EA), the draft EIS or EA shall be reviewed and used as the basis for findings to comply with the following criteria:

            i.   The project is designed to be compatible with existing land use and social patterns, including noise generation, safety, and zoning.

            ii.   The project is designed to minimize avoidable environmental impacts to identified wetlands, wildlife habitat, air and water quality, cultural resources, and scenic qualities.

            iii.   The project preserves or improves the safety and function of the facility through access management, traffic calming, or other design features.

            iv.   The project includes provision for bicycle and pedestrian circulation as consistent with the Comprehensive Plan and other requirements of this ordinance.

         b.   If review under this section indicates that the use or activity is not clearly authorized by the Transportation System Plan or this ordinance, a plan amendment shall be undertaken prior to or in conjunction with the conditional use permit review. (Ord. 1043 Section 3, 2000)

Any person who exhibits goods or services for sale or for offer in a temporary manner on private property, from a vehicle, trailer, tent, canopy, shipping container, or other temporary structure, or from one’s person or displayed on the ground or off the ground, shall first obtain permit approval in compliance with the following standards, and shall operate in compliance with this section and with all other applicable sections of the Canby Municipal Code.

   A.   Exemptions. The following temporary activities do not require a Temporary Vendor permit, and are exempt from the standards in this section:

      1.   Any person engaged in the mere delivery of any goods or services to a site, which were purchased from a regular place of business inside or outside the city;

      2.   Any person engaged in delivery, exhibition, sale or offering of food on a site for a period of time not to exceed 2 hours during any 24 hour period;

      3.   Any contractor who is engaged in constructing, maintaining, or repairing a structure, utility, equipment, or landscaping on a site; or

      4.   Any person conducting a garage sale per Section 5.04.020.

   B.   Permit process.

      1.   A request for a Temporary Vendor permit shall be processed as a Type I decision pursuant to the procedures set forth in Chapter 16.89. A Temporary Vendor permit applicant shall demonstrate that the proposed activity meets all fire and life safety codes, and is in compliance with this section and with all other applicable sections of the Canby Municipal Code.

      2.   An application for a Temporary Vendor permit shall include a site plan drawn to scale, which includes all existing lot lines, setbacks, structures, landscaped areas, paved areas, and parking and loading spaces; and illustrates the proposed location and layout of all the Temporary Vendor’s structures, equipment, furnishings, signage, and inventory.

      3.   The Temporary Vendor activity (e.g., retail, restaurant, etc) shall be an outright permitted use in the zoning district in which it is located; Or if the use is conditionally permitted in the zoning district, a Conditional Use Permit approval shall be required prior to issuance of a Temporary Vendor permit.

      4.   A “Site and Design Review” permit is not required for a permitted Temporary Vendor.

      5.   Any signage displayed by the Temporary Vendor must be in compliance with Chapter 16.42 sign standards, and all required Sign permits must be obtained.

      6.   A Temporary Vendor must obtain a City of Canby business license.

   C.   Duration. A Temporary Vendor permit may be granted for a site for up to 90 consecutive calendar days, and then may be renewed twice upon request for an additional 90 days, provided that the temporary vendor activity has been conducted in compliance with all applicable codes, and no public safety incidents have occurred on the site related to the temporary vendor activity. In no case shall a site be permitted to host Temporary Vendor activity for more than 270 days in any 12 month period.

   D.   A Temporary Vendor shall be located on a paved surface with adequate vehicular and pedestrian ingress and egress, in compliance with Section 16.10.070. Inventory and equipment shall not be displayed or stored in any landscaped areas.

   E.   A Temporary Vendor shall comply with all required development standards, such as height limitations, setbacks, vision clearance areas, and applicable conditions of any previous land use decisions for the site.

   F.   Equipment such as trash cans, fuel tanks, or generators shall be screened such that it is not visible from any abutting public right-of-way.

   G.   A Temporary Vendor shall not displace any vehicle parking spaces that are required to meet the minimum off-street parking requirements of another use on site or on a nearby site. A Temporary Vendor shall not encroach into required loading space areas, driveways, or vehicle maneuvering areas.

   H.   A Temporary Vendor that displaces one or more vehicle parking spaces is prohibited for any site that:

      C.   Is non-conforming in terms of meeting minimum required vehicle parking or loading space requirements; or

      C.   Has been granted a vehicle parking exception, and currently has less than the required minimum number of off-street vehicle parking spaces.

   I.   The property owner and the temporary vendor permit holder shall be jointly and severally responsible for any violation of this section or other applicable sections of the Canby Municipal Code. Any such violation may result in the immediate revocation or non-renewal of a temporary vendor permit, and may result in the denial of any future temporary vendor permit for the site upon which the violation occurred. (Ord 1315, 2009)

A.   Permit process.

   1.   A request for a Mobile Food Vendor permit shall be processed as a Type I decision pursuant to the procedures set forth in Chapter 16.89. A Mobile Food Vendor permit applicant shall demonstrate that the proposed activity meets all fire and life safety codes, and is in compliance with this section and with all other applicable sections of the Canby Municipal Code.

   2.   An application for a Mobile Food Vendor permit shall include a site plan drawn to scale, which includes all existing lot lines, setbacks, structures, landscaped areas, paved areas, and parking and loading spaces; and illustrates the proposed location and layout of all the Mobile Food Vendor’s structures, equipment, furnishings, signage, and inventory.

   3.   The Mobile Food Vendor activity (e.g., retail, restaurant, etc) shall be an outright permitted use in the zoning district in which it is located; Or if the use is conditionally permitted in the zoning district, a Conditional Use Permit approval shall be required prior to issuance of a Mobile Food Vendor permit.

   4.   The Mobile Food Vending unit shall not require connection to public utilities that do not already exist on site and can be provided by the property owner/manager.

   5.   A “Site and Design Review” permit is not required for a permitted Mobile Food Vendor.

   6.   Any signage displayed by the Mobile Food Vendor must be in compliance with Chapter 16.42 sign standards, and all required Sign permits must be obtained.

   7.   A Mobile Food Vendor must obtain a City of Canby business license.

B.   Duration. A Mobile Food Vendor permit may be granted for a site for up to 6 months, and then may be renewed upon request for an additional 1 year, provided that the Mobile Food vendor activity has been conducted in compliance with all applicable codes, and no public safety incidents have occurred on the site related to the Mobile Food vendor activity.

C.   A Mobile Food Vendor shall be located on a paved surface with adequate vehicular and pedestrian ingress and egress, in compliance with Section 16.10.070. Inventory and equipment shall not be displayed or stored in any landscaped areas.

D.   A Mobile Food Vendor shall comply with all required development standards, such as height limitations, setbacks, vision clearance areas, and applicable conditions of any previous land use decisions for the site as well as the development standards of the zone.

E.   Equipment such as trash cans, fuel tanks, or generators shall be screened such that it is not visible from any abutting public right-of-way. Portable amenities shall be packed inside the mobile food unit or screened from public view when the business is not in operation. This includes but is not limited to: weather protection elements, seating, tables, trash cans, and signage.

F.   A Mobile Food Vendor shall not displace any vehicle parking spaces that are required to meet the minimum off-street parking requirements of another use on site or on a nearby site. A Mobile Food Vendor shall not encroach into required loading space areas, driveways, or vehicle maneuvering areas.

G.   A Mobile Food Vendor that displaces one or more vehicle parking spaces is prohibited for any site that:

   1.   Is non-conforming in terms of meeting minimum required vehicle parking or loading space requirements; or

   2.   Has been granted a vehicle parking exception, and currently has less than the required minimum number of off-street vehicle parking spaces.

H.   The property owner and the vendor permit holder shall be jointly and severably responsible for any violation of this section or other applicable sections of the Canby Municipal Code. Any such violation may result in the immediate revocation or non-renewal of a Mobile Food vendor permit, and may result in the denial of any future Mobile Food vendor permit for the site upon which the violation occurred. (Ord. 1570, 2022)

   A.   Purpose. The purpose of this section of the code is to implement Section 660-012-0045(2)(b) of the State Transportation Planning Rule, which requires the city to adopt a process to apply conditions to development proposals in order to minimize adverse impacts to and protect transportation facilities. This section establishes the standards to determine when a proposal must be reviewed for potential traffic impacts; when a Traffic Impact Study must be submitted with a development application in order to determine whether conditions are needed to minimize impacts to and protect transportation facilities: what information must be included in a Traffic Impact Study; and who is qualified to prepare the Study.

   B.   Initial scoping. During the pre-application conference, the city will review existing transportation data to determine whether a proposed development will have impacts on the transportation system. It is the responsibility of the applicant to provide enough detailed information for the city to make a determination. If the city cannot properly evaluate a proposed development’s impacts without a more detailed study, a transportation impact study (TIS) will be required to evaluate the adequacy of the transportation system to serve the proposed development and determine proportionate mitigation of impacts. If a TIS is required, the city will provide the applicant with a “scoping checklist” to be used when preparing the TIS.

   C.   Determination. Based on information provided by the applicant about the proposed development, the city will determine when a TIS is required and will consider the following when making that determination.

      1.   Changes in land use designation, zoning designation, or development standard.

      2.   Changes in use or intensity of use.

      3.   Projected increase in trip generation.

      4.   Potential impacts to residential areas and local streets.

      5.   Potential impacts to priority pedestrian and bicycle routes, including, but not limited to school routes and multimodal street improvements identified in the TSP.

      6.   Potential impacts to intersection level of service (LOS).

   D.   TIS General Provisions

      1.   All transportation impact studies, including neighborhood through-trip and access studies, shall be prepared and certified by a registered Traffic or Civil Engineer in the State of Oregon.

      2.   Prior to TIS scope preparation and review, the applicant shall pay to the city the fees and deposits associated with TIS scope preparation and review in accordance with the adopted fee schedule. The city’s costs associated with TIS scope preparation and review will be charged against the respective deposits. Additional funds may be required if actual costs exceed deposit amounts. Any unused deposit funds will be refunded to the applicant upon final billing.

      3.   For preparation of the TIS, the applicant may choose one of the following:

         a.   The applicant may hire a registered Oregon Traffic or Civil Engineer to prepare the TIS for submittal to the city. The city Traffic Engineer will then review the TIS and the applicant will be required to pay to the city any fees associated with the TIS review; or

         b.   The applicant may request that the city Traffic Engineer prepare the TIS. The applicant will pay to the city any fees associated with preparation of the TIS by the city Traffic Engineer.

      4.   The TIS shall be submitted with a concurrent land use application and associated with application materials. The city will not accept a land use application for process if it does not include the required TIS.

      5.   The city may require a TIS review conference with the applicant to discuss the information provided in the TIS once it is complete. This conference would be in addition to any required pre-application conference. If such a conference is required, the city will not accept the land use application for processing until the conference has taken place. The applicant shall pay the TIS review conference fee at the time of conference scheduling, in accordance with the adopted fee schedule.

      6.   A TIS determination is not a land use action and may not be appealed.

   E.   TIS Scope. The city shall determine the study area, study intersections, trip rates, traffic distribution, and required content of the TIS based on information provided by the applicant about the proposed development.

      1.   The study area will generally comprise an area within a ½-mile radius of the development site. If the city determines that development impacts may extend more than ½ mile from the development site, a larger study area may be required. Required study intersections will generally include (in addition to the primary access points) collector/collector and above intersections with an anticipated peak hour traffic increase of five-percent from the proposed project.

      2.   If notice to ODOT or other agency is required pursuant to noticing requirements in Chapter 16.89, the city will coordinate with those agencies to provide a comprehensive TIS scope. ODOT may also require a TIS directly to support an OR 99E approach permit application.

   F.   TIS Content. A project-specific TIS checklist will be provided to the applicant by the city once the city has determined the TIS scope. A TIS shall include all of the following elements, unless waived by the city.

      1.   Introduction and Summary. This section shall include existing and projected trip generation including vehicular trips and mitigation of approved development not built to date; existing level and proposed level of service standard for city and county streets and volume to capacity for state roads; project build year and average growth in traffic between traffic count year and build year; summary of transportation operations; traffic queuing and delays at study area intersections; and proposed mitigation(s).

      2.   Existing Conditions. This section shall include a study area description, including information about existing study intersection level of service.

      3.   Impacts. This section should include the proposed site plan, evaluation of the proposed site plan, and a project-related trip analysis. A figure showing the assumed future year roadway network (number and type of lanes at each intersection) also shall be provided. For subdivision and other developments, the future analysis shall be for the year of proposed site build-out. For proposed comprehensive plan and/or zoning map amendments, the future analysis year shall be 20 years from the date of the City’s adopted TSP, or 15 years, whichever is greater.

      4.   Mitigation. This section shall include proposed site and area-wide specific mitigation measures. Mitigation measures shall be roughly proportional to potential impacts. See Subsection K below for rough proportionality determination.

      5.   Appendix. This section shall include traffic counts, capacity calculations, warrant analysis, and any other information necessary to convey a complete understanding of the technical adequacy of the TIS.

   G.   TIS Methodology. The City will include the required TIS methodology with the TIS scope.

   H.   Neighborhood Through-Trip Study. Any development projected to add more than 30 through-vehicles in a peak hour or 300 through-vehicle per day to an adjacent residential local street or neighborhood route will be require assessment and mitigation of residential street impacts. Through-trips are defined as those to and from a proposed development that have neither an origin nor a destination in the neighborhood. The through-trip study may be required as a component of the TIS or may be a stand-alone study, depending on the level of study required in the scoping checklist. The through-trip study shall include all of the following:

      1.   Existing number of through-trips per day on adjacent residential local streets or neighborhood routes.

      2.   Projected number of through-trips per day on adjacent residential local streets or neighborhood routes that will be added by the proposed development.

      3.   Traffic management strategies to mitigate for the impacts of projected through-trip consistent.

   If a residential street is significantly impacted, mitigation shall be required. Thresholds used to determine if residential streets are significantly impacted are:

      1.   Local residential street volumes should not increase above 1,200 average daily trips

      2.   Local residential street speeds should not exceed 28 miles per hour (85th percentile speed).

   I.   Mitigation. Transportation impacts shall be mitigated at the time of development when the TIS identifies an increase in demand for vehicular, pedestrian, bicycle, or transit transportation facilities within the study area. Mitigation measures may be suggested by the applicant or recommended by ODOT or Clackamas County in circumstances where a state or county facility will be impacted by a proposed development. The city shall determine if the proposed mitigation measures are adequate and feasible. ODOT must be consulted to determine if improvements proposed for OR 99E comply with ODOT standards and are supported by ODOT. The following measures may be used to meet mitigation requirements:

      1.   On-and off-site improvements beyond required standard frontage improvements.

      2.   Development of a transportation demand management program.

      3.   Payment of a fee in lieu of construction, if construction is not feasible.

      4.   Correction of off-site transportation deficiencies within the study area that are substantially exacerbated by development impacts.

      5.   Construction of on-site facilities or facilities located within the right-of-way adjoining the development site that exceed minimum required standards and that have a transportation benefit to the public.

   J.   Conditions of Approval. The city may deny, approve, or approve with appropriate conditions a development proposal in order to minimize impacts and protect transportation facilities.

      1.   Where the existing transportation system will be impacted by the proposed development, dedication of land for streets, transit facilities, sidewalks, bikeways, paths, or accessways may be required to ensure that the transportation system is adequate to handle the additional burden caused by the proposed use.

      2.    Where the existing transportation system is shown to be burdened by the proposed use, improvements such as paving, curbing, installation or contribution to traffic signals, traffic channelization, construction of sidewalks, bikeways, accessways, paths, or street that serve the proposed use may be required.

      3.   The city may require the development to grant a cross-over access easement(s) to adjacent parcel(s) to address access spacing standards on arterials and collector roadways or site-specific safety concerns. Construction of shared access may be required at the time of development if feasible, given existing adjacent land use. The access easement must be established by deed.

   K.   Rough Proportionality Determination. Improvements to mitigate impacts identified in the TIS shall be provided in rough proportion to the transportation impacts of the proposed development.

      1.   The TIS shall include information regarding how the proportional share of improvements was calculated, using the ratio of development trips to growth trips and the anticipated cost of the full Canby Transportation System Plan. The calculation is provided below:

         Proportionate Share Contribution = [Net New Trips/(Planning Period Trips-Existing Trips)] X

                      Estimated Construction Cost

         a.   Net new trips means the estimated number of new trips that will be created by the proposed development within the study area.

         b.   Planning period trips means the estimated number of total trips within the study area within the planning period identified in the TSP.

         c.   Existing trips means the estimated number of existing trips within the study area at the time of TIS preparation.

         d.   Estimated construction cost means the estimated total cost of construction of identified improvements in the TSP. (Ord 1340, 2011)

The City will not issue any development permits unless the proposed development complies with the city’s basic transportation safety and functionality standards, the purpose of which is to ensure that development does not occur in areas where the surrounding public facilities are inadequate. Upon submission of a development permit application, an applicant shall demonstrate that the development property has or will have the following:

   A1.   Adequate street drainage, as determined by the city.

   B.   Safe access and clear vision at intersections, as determined by the city.

   C.   Adequate public utilities, as determined by the city.

   D.   Access onto a public street with the minimum paved widths as stated in Subsection E below.

   E.   Adequate frontage improvements as follows:

      1.   For local streets and neighborhood connectors, a minimum paved width of 16 feet along the site’s frontage.

      2.   For collector and arterial streets, a minimum paved width of 20 feet along the site’s frontage.

      3.   For all streets, a minimum horizontal right-of-way clearance of 20 feet along the site’s frontage.

   F.   Compliance with mobility standards identified in the TSP. If a mobility deficiency already exists, the development shall not create further deficiencies. (Ord 1340, 2011)

   A.   At the time of establishment of a new structure or use, change in use, or change in use of an existing structure, within any planning district of the city, off-street parking spaces and off-street loading berths shall be as provided in this and following sections, unless greater requirements are otherwise established by the conditional use permit or the site and design review process, based upon clear and objective findings that a greater number of spaces are necessary at that location for protection of public health, safety and welfare. A lesser number of spaces may be permitted by the Planning Commission based on clear and objective findings that a lesser number of parking spaces will be sufficient to carry out the objective of this section.

   B.   No off-street parking shall be required for any use permitted outright within the C-1 zone in the rectangular area bounded by N. Ivy Street on the east, NW First Avenue on the south, N. Elm Street on the west, and NW Third Avenue on the north.

   C.   At the time of enlargement of an existing structure or use, the provisions of this section shall apply to the enlarged structure or use only. (Ord. 1597, 2023; Ord. 1570, 2022; Ord. 1304, 2009; Ord. 1237, 2007; Ord. 890 section 9, 1993; Ord. 872, 1992; Ord. 854 section 2, 1991; Ord. 848, Part V, section 1, 16.10.010(A)(B), 1990)

   A.   Floor Area. Except where otherwise specified, the floor area measured shall be the gross floor area of the building primary to the function of the particular use of the property other than space devoted to off-street parking or loading.

   B.   Employees. Where employees are specified, the term shall apply to all persons, including proprietors, working on the premises during the peak shift. (Ord. 854 section 2, 1991; Ord. 848, Part V, section 1, 16.10.020(A)(B), 1990)

   A.   Should the owner or occupant of a structure change the use to which the building is put, thereby increasing parking or loading requirements, the increased parking/loading area shall be provided prior to commencement of the new use.

   B.   Parking and loading requirements for structures not specifically listed herein shall be determined by the City Planner, based upon requirements of comparable uses listed.

   C.   In the event several uses occupy a single structure, the total requirements for off-street parking shall be the sum of the requirements of the several uses computed separately. If the applicant can demonstrate that the uses do not have overlapping parking needs (based on days and hours of operation) and can share parking, the total requirement for combined uses may be reduced by up to 60 percent.

   D.   Off-street parking spaces for dwellings shall be located on the same lot, or adjacent lot, with the dwelling. Parking spaces located within an on-site garage shall count toward the minimum parking requirement for residential uses. Other required parking spaces may be located on a separate parcel, provided the parcel is not greater than five hundred (500) feet from the entrance to the building to be served, measured along the shortest pedestrian route to the building. The applicant must prove that the parking located on another parcel is functionally located and that there is safe vehicular and pedestrian access to and from the site.

   E.   Required parking spaces shall be available for the parking of operable passenger automobiles of residents, customers, patrons and employees and shall not be used for storage of vehicles or materials or for the parking of trucks used in conducting the business.

   F.   Institution of on-street parking shall not be allowed for off-street parking, where none is previously provided, and shall not be done solely for the purpose of relieving crowded parking lots in commercial or industrial planning districts.

   G.   Parking facilities may be shared by users on adjacent parcels if all of the following standards are met, or the Planning Commission determines a lesser combination meets the intent of the ordinance:

      1.   One of the parcels has excess parking spaces, considering the present use of the property; and the other parcel lacks sufficient area for required parking spaces. Excess parking spaces can be determined by considering when the uses need the parking spaces, such as time of day or day of week.

      2.   The total number of parking spaces meets the standards for the sum of the number of spaces that would be separately required for each use. If the applicant can demonstrate that the uses do not have overlapping parking needs (based on days and hours of operation) and can share parking, the total requirement for combined uses may be reduced by up to 60 percent.

      3.   Legal documentation, to the satisfaction of the City Attorney, shall be submitted verifying present use of the excess parking area on one lot by patrons of the uses deficient in required parking areas.

      4.   Physical access between adjoining lots shall be such that functional and reasonable access is provided to uses on the parcel deficient in parking spaces.

      5.   Adequate directional signs shall be installed specifying the joint parking arrangement.

   H.   The number of vehicular spaces required in Table 16.10.050 may be reduced by up to 10% if one of the following is demonstrated to the satisfaction of the Planning Director or Planning Commission:

      1.   Residential densities greater than nine units per gross acre (limit parking to no less than one space per unit for multi-family structures); or

      2.   The proposed development is pedestrian-oriented by virtue of a location which is within convenient walking distance of existing or planned neighborhood activities (such as schools, parks, shopping, etc.) and the development provides additional pedestrian amenities not required by the code which, when taken together, significantly contribute to making walking convenient (e.g., wider sidewalks, pedestrian plazas, pedestrian scale lighting, benches, etc.). (Ord. 890 section 10, 1993; Ord. 854 section 2 [part], 1991; Ord. 848, Part V, section 16.10.030, 1990; Ord. 1043 section 3, 2000; Ord. 1338, 2010)

In no case will off-street parking be allowed within a vision clearance area of an intersection. (Ord. 740 section 10.3.10(D), 1984)

The parking standards set out in Table 16.10.050 shall be observed. (Ord. 854 section 2, [part], 1991; Ord. 848 section 1, 16.10.050, 1990; Ord. 740 section 10.3.10(E), 1984; Ord. 981 section 20, 1997)

Off-street Parking Provisions - The following are the minimum standards for off-street vehicle parking:

 

(Ord. 1570, 2022; Ord. 1514, 2019; Ord. 1338, 2010; Ord 1296, 2008)

   A.   The minimum number of off-street loading berths for commercial and industrial uses is as follows:

 

   B.   Loading berths shall conform to the following minimum size specifications:

      1.   Commercial uses – 13’ x 35’

      2.   Industrial uses – 12’ x 60’

      3.   Berths shall have an unobstructed minimum height of 14’.

   C.   Required loading areas shall be screened from public view, from public streets, and adjacent properties by means of sight-site obscuring landscaping, walls or other means, as approved through the site and design review process.

   D.   Required loading facilities shall be installed prior to final building inspection and shall be permanently maintained as a condition of use.

   E.   A driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading children shall be located on the site of a school or day care center having a capacity greater than twenty-five (25) students.

   F.   The off-street loading facilities shall, in all cases, be on the same lot or parcel as the structure they are intended to serve. In no case shall the required off-street loading spaces be part of the area used to satisfy the off-street parking requirement.

   G.   The Planning Commission may exempt a building from the loading berth requirement, or delay the requirement, based on findings that loading berths are not needed for a particular building or business. (Ord. 854 section 2[part], 1991; Ord. 848, Part V, section 1, 16.10.060, 1990; Ord. 1237, 2007)

        A.   Parking Lots. A parking lot, whether as accessory or principal use, intended for the parking of automobiles or trucks, shall comply with the following:

      1.   Parking lot design shall comply with the dimensional standards set forth in Figure 1 of this section.

      2.   Parking stalls of eight (8) feet in width and sixteen (16) feet in length for compact vehicles may comprise up to a maximum of thirty (30) percent of the total number of parking stalls. Such parking stalls shall be marked “Compact Parking only” either on the parking surface or on a sign in front of the parking stalls.

      3.   Areas used for standing or maneuvering of vehicles shall have paved asphalt, concrete, solid concrete paver surfaces, or paved “tire track” strips maintained adequately for all weather use and so drained as to avoid the flow of water across sidewalks or into public streets, with the following exception:

         a.   The Planning Director or Planning Commission may approve the use of an engineered aggregate system for outdoor storage and/or non-required parking areas provided that the applicant can demonstrate that City Standards related to:

            i.   minimizing dust generation,

            ii.   minimizing transportation of aggregate to city streets, and

            iii.   minimizing infiltration of environmental contaminants including, but not limited to, motor oils, fuels, volatile organic compounds (e.g. benzene, toluene, ethylbenzene, xylene), and ethylene glycol are met.

The decision maker may impose conditions as necessary to meet City Standards.

         b.   Use of permeable surfacing materials for parking lots and driveways is encouraged whenever site and soil conditions make permeable surfacing feasible. Permeable surfacing includes, but is not limited to: paving blocks, turf block, pervious concrete, and porous asphalt. All permeable surfacing shall be designed, constructed, and maintained in accordance with the Canby Public Works Design Standards and the manufacturer’s recommendations. Maintenance of permeable surfacing materials located on private property are the responsibility of the property owner.

      4.   The full width of driveways must be paved in accordance with (3) above:

         a.   For a minimum of 20 feet from the right-of-way line back into the private property to prevent debris from entering public streets, and

         b.   To within 150 feet of all portions of the exterior wall of the first story of any structure(s) served by the driveway to ensure fire and emergency service provision.

      5.   Except for parking to serve residential uses, parking areas adjacent to or within residential planning districts or adjacent to residential uses shall be designed to minimize disturbance of residents. Artificial lighting, which may be provided, shall be so deflected as not to shine or create glare in any residential planning district or on any adjacent dwelling, or any street right-of-way in such a manner as to impair the use of such way.

      6.   Groups of more than four (4) parking spaces shall be so located and served by driveways that their use will require no backing movements or other maneuvering within a street right-of-way other than an alley.

      7.   Off-street parking areas, and the accesses to them, shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress and the maximum safety of pedestrian and vehicular traffic on the site and in adjacent roadways. The Planning Director or Planning Commission may require engineering analysis and/or truck turning diagrams to ensure safe and efficient traffic flow based on the number and type of vehicles using the site, the classification of the public roadway, and the design of the parking lot and access drives.

      8.   Parking bumpers or wheel stops shall be provided to prevent cars from encroaching on the street right-of-way, adjacent landscaped areas, or adjacent pedestrian walkways.

      9.   Accessible parking shall be provided, constructed, striped, signed and maintained as required by ORS 447.233 and all Oregon Structural Specialty Code requirements.

 

   B.   Access.

      1.   The provision and maintenance of vehicular and pedestrian ingress and egress from private property to the public streets as stipulated in this ordinance are continuing requirements for the use of any structure or parcel of real property in the City of Canby. No building permit or other permits shall be issued until scale plans are presented that show how the ingress and egress requirement is to be fulfilled. Should the owner or occupant of a lot or building change the use to which the lot or building is put, thereby increasing ingress and egress requirements, it shall be unlawful and a violation of this ordinance to begin or maintain such altered use until the required increase in ingress and egress is provided.

      2.   The City of Canby encourages joint/shared access. Owners of two (2) or more uses, structures, or parcels of land may agree to, or may be required by the City to, utilized jointly the same ingress and egress when the combined ingress and egress of both uses, structures, or parcels of land satisfies their combined requirements as designed in this ordinance, provided that satisfactory legal evidence is presented to the City Attorney in the form of deeds, easements, leases or contracts shall be placed on permanent files with the city recorder.

      3.   All ingress and egress shall connect directly with public streets.

      4.   Vehicular access for residential uses shall be brought to within fifty (50) feet of the ground floor entrances or the ground floor landing of a stairway, ramp or elevator leading to dwelling units.

      5.   Required sidewalks shall extend from the ground floor entrances or the ground floor landing of a stairs, ramps or elevators to the sidewalk or curb of the public street or streets that provide the required access and egress.

      6.   To afford safe pedestrian access and egress for properties within the city, a sidewalk shall be constructed along all street frontages, prior to use or occupancy of the building or structure proposed for said property. The sidewalks required by this section shall be constructed to city standards except in the case of streets with inadequate right-of-way width or where the final street design and grade have not been established, in which case the sidewalks shall be constructed to a design, and in a manner approved by the Site and Design Review Board. Sidewalks approved by Board may include temporary sidewalks and sidewalks constructed on private property; provided, however, that such sidewalks shall provide continuity with sidewalks of adjoining commercial developments existing or proposed. When a sidewalk is to adjoin a future street improvement, the sidewalk construction shall include construction of the curb and gutter section to grade and alignment established by the Site and Design Review Board.

      7.   The standards set forth in this ordinance are minimum standards for access and egress, and may be increased through the site and design review process in any particular instance where the standards provided herein are deemed insufficient to protect the public health, safety and general welfare. (Ord. 890 section 12, 1993; Ord. 1237, 2007; Ord. 1338, 2010)

      8.   One-Way Ingress or Egress – The hard surfaced pavement of one-way drives shall not be less than twelve (12) feet for multi-family residential, commercial or industrial uses. (Ord. 1514, 2019)

      9.   Driveways:

         a.   Access to private property shall be permitted with the use of driveway curb cuts. The access points with the street shall be the minimum necessary to provide access while not inhibiting the safe circulation and carrying capacity of the street. Driveways shall meet all applicable guidelines of the Americans with Disabilities Act (ADA). Driveway distance shall be measured from the curb intersection point [as measured for vision clearance area (16.04.670)]. Distances to an intersection shall be measured from the stop bar at the intersection.

         b.   Driveways shall be limited to one per property except for certain uses which include large commercial uses such as large box stores, large public uses such as schools and parks, drive through facilities, property with a frontage of over 250-feet and similar uses.

         c.   Double frontage lots and corner lots may be limited to access from a single street, usually the lower classification street. Single family residential shall not have access onto arterials, and shall have access onto collectors only if there is no other option.

         d.   If additional driveways are approved by the City Administrator or designee, a finding shall be made that no eminent traffic hazard would result and impacts on through traffic would be minimal. Restrictions may be imposed on additional driveways, such as limited turn movements, shared access between uses, closure of existing driveways, or other access management actions.

         e.   Within commercial, industrial, and multi-family areas, shared driveways and internal access between similar uses are encouraged to reduce the access points to the higher classified roadways, to improve internal site circulation, and to reduce local trips or movements on the street system. Shared driveways or internal access between uses will be established by means of common access easements at the time of development.

         f.   Driveway widths shall be as shown on the following table.

Driveway Widths (Minimum/Maximum, Ft.)

   Street Classification       Res.          Comm.       Ind.   

   Arterial:            NA (1)       12/36          12/36

   Industrial:          NA (1)       12/36          12/36

   Collector:          12/24 (2)      12/36          12/36

   Neighborhood Route:    12/24 (2)       12/36          12/36

   Local:             12/24 (2)       12/36          12/36

   Cul-de-sac:          12/24 (2)       12/36          12/36

   Public Alley          12/24 (2)        NA           NA

   Res. = Residential Zone

   Comm. = Commercial Zone

   Ind. = Industrial Zone

Notes:   (1) Special conditions may warrant access.

   (2) 28' maximum width for 3-car garage.

         g. Driveway spacing shall be as shown in the following table.

Minimum Driveway Spacing

Street Classification          Intersection             Driveway

Arterial (2)             330' (1)             330' (1)

Industrial Streets (2)          100' (1)             100' (1)

Collector (2)             100' (1)             100' (1)

Neighborhood Route          50' (1)(3)             10'   

Local (all)             50' (1)(3)             10'

Cul-de-sac             50' (1)(3)             10'

Public Alley             50’ (1)(3)                    

Notes:    (1) Minimum distance or no closer than 60% of parcel frontage unless this prohibits access to the site, in which case City Administrator or designee may approve a deviation.

   (2) Direct access to this street will not be allowed if an alternative exists or is planned.

   (3) For single-family residential houses, the minimum distance between driveways and an intersection shall be thirty (30) feet.

         h.   Curb cuts shall be a minimum of five feet from the property line, unless a shared driveway is installed. Single driveways may be paved up to an adjacent property line but shall maintain a five (5) foot separation from the side property line where the driveway enters the property. Driveways shall not be constructed within the curb return of a street intersection. Deviations may be approved by the City Administrator or designee.

         i.   For roads with a classification of Collector and above, driveways adjacent to street intersections shall be located beyond the required queue length for traffic movements at the intersection. If this requirement prohibits access to the site, a driveway with restricted turn movements may be permitted.

         j.   Multi-family access driveways will be required to meet the same access requirements as commercial driveways if the multi-family site generated 100 or more trips per day.

         k.   For circular type driveways, the minimum distance between the two driveway curb cuts on one single-family residential lot shall be thirty (30) feet. (Ord. 1514, 2019)

      10.   When considering a public facilities plan that has been submitted as part of site and design review plan in accordance with this ordinance, the city Public Works Supervisor may approve the location of a driveway closer than fifty (50) feet from the intersection of collector or arterial streets, based on written findings of fact in support of the decision. Said written approval shall be incorporated into the recommended decision of the City Planner for the site and design review plan under the process set forth.

      11.   Where an existing alley is 20 feet or less in width, the property line setback abutting the alley shall increase to provide a minimum of 24 feet for maneuvering and backing movements from, garages, carports, or parking areas. (Ord. 890 section 12, 1993; Ord. 872, 1991; Ord. 854 section 2 [part], 1991; Ord 848, Part V, section 16.10.070 (A)(B) 1990; Ord. 955 section 3 & 4 1996; Ord. 981 section 44, 1997; Ord. 1019 section 5, 1999; Ord 1237, 2007; Ord. 1514, 2019)

A Street Tree Plan can be provided in lieu of meeting the requirement of planting a tree every 30 lineal feet of street frontage as stated in Ordinance 1385 Exhibit B. The Street Tree Plan can compensate for driveways, utilities, or other obstructions that inhibit the 30 foot spacing requirement. The requirement for the planting of street trees is required under Chapter 12.32 CMC. (Ord. 854, 1991; Ord. 848, Part VI, section 1, 1990; Ord. 1514, 2019)

   A.   Drive-up uses shall provide a minimum stacking area clear of the public right-of-way or parking lot aisle from the window service to the vehicles as follows:

      1.   All drive-up uses. – Each lane shall provide a minimum capacity for two (2) to eight (8) automobiles, as determined by the Site and Design Review Board.

      2.   For purposes of this section, an automobile shall be considered no less than twenty (20) feet in length. The width and turning radius of drive-up aisles shall be approved by the City Public Works Director.

   B.   The stacking area shall not interfere with safe and efficient access to other parking areas on the property. Traffic aisles shall be wide enough to accommodate backing movements where adjacent to parking stalls. Parking maneuvers shall not occur in the stacking area. (Ord. 848, Part VII, section 16.10.090, 1990)

Bicycle parking shall be provided for all multi-family residential, institutional, commercial, and industrial uses.

   A.   Dimensions and characteristics: Bicycle parking spaces shall be a minimum of six (6) feet long and two (2) feet wide, and overhead clearance in covered spaces shall be a minimum of seven (7) feet. A minimum five (5) foot aisle for bicycle maneuvering shall be provided and maintained beside or between each row of bicycle parking. Bicycle racks located on a sidewalk shall provide a minimum of two (2) feet between the rack and a wall or other obstacle, and between the rack and curb face. Bicycle racks or lockers shall be securely anchored to the surface or a structure. Bicycle racks located in the Downtown Commercial Zone shall be of the inverted U style (a.k.a. staple racks). See Figure 20 of the Canby Downtown Plan for correct rack placement.

   B.   Location: Bicycle parking shall be located in well-lit, secure locations within fifty (50) feet of the main entrance to a building, but not further from the entrance than the closest automobile parking space, and in no case further than 50 feet from an entrance when several entrances are involved.

   C.   Number of spaces: The bicycle parking standards set out in Table 16.10.100 shall be observed. (Ord. 1019 section 1, 1999; Ord. 1076, 2001)

NOTES:

Each individual use needs to be evaluated for bicycle parking – e.g., a commercial accessory use in an industrial district may have different requirements than the industrial uses around it. Similarly, in mixed-use developments, the amount of each use and required bicycle parking needs" evaluation. Finally, within each use category one needs to consider the different user categories - residents, employees, customers, etc. - and parking requirements for each. (Ord. 1019 section I, 1999; Ord. 1043 section 3, 2000; Ord. 1076, 2001; Ord. 1570, 2022)

In order to carry out the purposes and provisions of this title, the city is divided into zones designated as follows:

Base Zones         Abbreviation

Low Density Residential   R-1

Medium Density Residential   R-1.5

High Density Residential      R-2

Downtown Commercial   C-1

Residential/Commercial   C-R

Highway Commercial   C-2

Commercial/Manufacturing   C-M

Light Industrial   M-1

Heavy Industrial   M-2

Overlay Zones   

Planned Unit Development   PUD

Historical Protection   A

Hazard   H

Canby Industrial Area   I-O

Wetland   WO

Riparian   RO

(Ord .890 section 14, 1003; Ord. 740 section 10.3.15 [part], 1984; Ord. 1008 section 1, 1998; Ord 1237, 2007; Ord. 1514, 2019)

In each zone, the uses permitted outright or permitted subject to the issuance of a conditional use permit are outlined in the following chapters. (Ord. 740 section 10.3.15 [part], 1984)

   A.   Purpose

      The North Redwood Plan District implements the North Redwood Development Concept Plan (NRDCP) and is intended to ensure that development within the North Redwood area is consistent with the land use pattern and transportation network established by the NRDCP. The North Redwood Plan District is also intended to provide some flexibility for new development in order to protect natural resources and emphasize the Willow Creek corridor as a community amenity.

   B.   Applicability

      The standards and regulations in this chapter apply to all land within the North Redwood Plan District as shown on the City of Canby’s North Redwood Plan District Map.

      The provisions in this chapter apply in addition to standards and regulations established in the base zone and other applicable sections of the Canby Zoning Code. Where standards in this chapter conflict with standards in other sections of the Canby Zoning Code, this section will supersede.

   C.   Approval criteria

      The following criteria must be satisfied prior to approval of any new subdivision or Planned Unit Development within the North Redwood Plan District as they apply to the area proposed for development.

      1.   Generally, new road alignments should be consistent with those identified on Figure 9 of the DCP. Changes to the identified road alignments may be approved to allow for topographic or other conditions.

      2.   There shall be a minimum of five connections to existing roads on the east side of North Redwood Street, built to the City’s Local Street standard. To the extent possible, additional connections should not create offset intersections and should meet spacing standards in the Transportation System Plan.

      3.   A cul-de-sac shall only be allowed when environmental or topographical constraints, or compliance with other standards in this code preclude street extension and through circulation. The map in Figure 9 of the DCP identifies three locations where cul-de-sacs could be allowed.

      4.   One loop road shall be built through the North Redwood community, connecting NE 18th Place to NE 12th Avenue. The loop road shall be built to the City’s Neighborhood Route standards. Where possible, the loop road should travel adjacent to Willow Creek and provide access to Willow Creek trailheads and open space.

      5.   Where possible, other local streets in North Redwood should intersect with the loop road identified in (3) above.

      6.   At least one additional local street shall traverse the study area from north to south, connecting the area zoned for low density residential with the area zoned for high density residential.

      7.   Future local streets should be located to split parcel lines where feasible.

      8.   The land east of Willow Creek shall be accessed from an extension of North Teakwood Street and terminate in a cul-de-sac, hammerhead, or other appropriate turnaround.

      9.   Block size shall be consistent with the following:

         i.   Block widths should be approximately 280 feet whenever possible. Alternate block widths may be approved to allow for topographical variations

         ii.   Overall block length shall not exceed 600 feet

         iii.   A bicycle/pedestrian connection shall be provided at least every 330 feet, consistent with provisions in the Canby Transportation System Plan (TSP)

      10.   The park and open space corridor along Willow Creek, as identified in Figure 7 of the DCP, shall be provided through required land dedication for parks.

      11.   Applicants must demonstrate that future adjacent projects will be able to connect to proposed roads and other infrastructure in a way that will be consistent with the North Redwood DCP.

   D.   Lot area exceptions and lot size averaging.

      The following exceptions to the City’s lot size standards and lot size averaging provisions will be allowed for developments in the North Redwood Plan District.

      1.   The Planning Commission may allow public park land dedications to be included in the lot size averaging calculation in order to achieve community development goals and allow protection of natural resources.

      2.   The resulting average lot size shall not be less than 5,000 square feet in the R1 zone.

      3.   The resulting average lot size shall not be less than 4,000 square feet in the R1.5 zone.

      4.   Individual lot sizes may be less than prescribed in Sections 16.16.030 and 16.18.030 alternative lot layout option provided in Section 16.64.040 is used. (Ord. 1422, 2015)

   A.   Single-family dwelling; one single-family dwelling per lot;

   B.   Duplex, subject to the standards in Chapter 16.81;

   C.   Cottage cluster development, subject to the cottage cluster development and design standards of Chapter 16.21.080;

   D.    Vegetable gardens, orchards and crop cultivation for personal use only, including greenhouses. No large-scale commercial sale of produce is permitted unless continued as a non-conforming use that was in place prior to the existing zoning designation. Keeping of animals other than domestic pets requires a special permit from the City Administrator unless a continuation of a non-conforming agriculture use.

   E.    Accessory uses and/or accessory structures;

   F.    Accessory dwelling, subject to review and approval through a Type 1 procedure (pursuant to Chapter 16.89.030) and must conform to the following standards:

      1.    Compliance with the Oregon Structural Specialty Code;

      2.    A maximum of one accessory dwelling is allowed per legal single-family dwelling. The unit may be a detached building, in a portion of a detached accessory building (e.g. above a garage or workshop), or a unit attached or interior to a primary dwelling (e.g. an addition or the conversion of an existing floor).

      3.    A detached accessory dwelling may not exceed 800 square feet of floor area or 75% of the primary dwelling’s floor area, whichever is smaller.

      4. Accessory dwellings that result from the conversion of a level or floor (e.g. basement, attic, or second floor) of the primary dwelling may occupy the entire level or floor, even if the floor area of the accessory dwelling would be more than 800 square feet.

      5.    Accessory dwellings must meet all other development standards (e.g. height, setbacks, lot coverage, etc.) for buildings in the zoning district, except that:

         a.    Conversion of an existing legal non-conforming structure to an accessory dwelling is allowed, provided the conversion does not increase the non-conformity; and

         b.    Chapter 16.21, Residential Design Standards do not apply; and

         c.    An additional on-site parking space shall not be required but may be provided.

   G.    Day care facility in a residential home, with twelve (12) or fewer children;

   H.    Manufactured and mobile home subdivisions, where developed as planned unit developments, subject to the requirements of Divisions IV and V;

   I.    Minor public facilities;

   J.    Manufactured home - with the following additional approval criteria:

      1.    Must be double-wide or wider and must enclose at least 1,000 square feet.

      2.    Must be located not more than twelve (12) inches above grade on an excavated and back-filled masonry foundation which is enclosed at the perimeter.

      3.    Must have a pitched roof with a minimum slope of at least a nominal three (3) feet in height for each twelve (12) feet in width.

      4.    Exterior siding and roofing must be similar in color, material and appearance to that used on surrounding dwellings within three hundred (300) feet of the lot.

      5.    The exterior thermal envelope must meet performance standards equivalent to those required for single family dwellings under the State Building Code.

      6.    Must not have bare metal siding or roofing.

   K.    Home occupations which meet the strict definition of section 16.04.240.

   L.    Residential Home/Adult Foster Home - for five or fewer individuals. (Per ORS 197.665).

   M.    Foster Care Home; as defined in Section 16.04

   N.    Uses permitted outright with a planned unit development. The following uses are permitted outright if approved as a part of a planned unit development in accordance with section 16.76.

      1.    Single-family townhouse dwellings having common wall construction. The townhouse construction is limited to a maximum grouping of six dwellings. If more than one group of dwellings is developed than a ten foot distance shall be maintained between an adjacent group of dwellings. (Ord. 890 section 15, 1993; Ord. 859 section 1, 1991; Ord. 740 section 10.3.18(A), 1984; Ord. 1080, 2001; Ord 1237, 2007; Ord 1514, 2019; Ord 1634, 2024)

Conditional uses in the R-1 zone shall be as follows:

   A.   Cemetery;

   B.   Church;

   C.   Day care facility, other than a residence or caring for more than twelve (12) children;

   D.   Hospital;

   E.   Nursing home

   F.   School;

   G.   Major public facilities;

   H.   Golf courses, public or private, with facilities and structures that are associated with the use;

   I.   Home occupations which otherwise meet the strict definition of section 16.04.240, but which involve the manufacture of products, nonresidential storage of goods, or any activity which is likely to increase traffic;

   J.   Accessory use or structure (not a dwelling) located on a lot or lots abutting the lot which houses the principal use of the property;

   K.   Manufactured and mobile home park or trailer park, subject to the criteria of Chapter 16.44;

   L.   Bed and Breakfast;

   M.   Residential Facility - for six to fifteen individuals (Per ORS 197.667(4) and 443.400 (8))

   N.   Zero-lot line development for uses otherwise allowed, provided that the minimum side yard setback shall be 7 feet when adjacent to housing with standard setbacks. Prior to building permit approval, the applicant shall submit a copy of a recorded easement for every zero-lot line housing that guarantees rights for the purpose of construction and maintenance of structures and yards. The easement shall stipulate that no fence or other obstruction shall be placed in a manner that would prevent maintenance of structures on the subject lot; and the building placement, landscaping, and/or design of windows shall provide a buffer for the occupants of abutting lots.

   O.   Other developments customarily found within a residential zone, as determined by the Planning Commission.

   P.   Detached accessory structure (not dwelling) up to twenty-two feet high which is located outside the allowed building footprint area for the principal structure and which does not meet the step-up height standard described in 16.16.030(E)(2)(b). (Ord. 890 section 16, 1993; Ord. 740 section 10.3.18(B), 1984; Ord. 1080, 2001; Ord. 1111 section 7, 2003; Ord 1237, 2007; Ord. 1514, 2019; Ord 1634, 2024)

The following subsections indicate the required development standards of the R-l zone. Cottage cluster developments are exempt from these standards and are instead subject to the cottage cluster development and design standards outlined in section 16.21.080.

   A.   Minimum and maximum lot area:

      1.    For single family dwellings: seven thousand (7,000) square feet minimum, and ten thousand (10,000) square feet maximum, per single-family dwelling. The maximum lot area standard does not apply to single family dwellings existing at the time of subdivision or partition plan approval; and the Planning Commission may approve smaller or larger lots in conformance with subsection B, below. Preexisting, legally created lots of record shall be considered to be legally buildable and separately saleable, provided they contain at least five thousand (5,000) square feet; and further provided, that any new structures on such lots meet the required setbacks.

      2.    For townhouse dwelling units having common wall construction and developed as a part of a planned unit development:

         a.    1,800 square foot minimum lot size.

      3.    Density. There is no minimum density. The maximum density for all residential uses is 6 units per acre.

   B.   Lot area exceptions:

      1.   The Planning Commission may approve an exception to the minimum and maximum lot area standards in subsection 16.16.030.A as part of a subdivision or partition application when all of the following standards are met:

         a.   The average area of all lots created through the subject land division, excluding required public park land dedications, surface water management facilities and similar public use areas, shall be no less than seven thousand square feet and no greater than ten thousand square feet. Non-required significant natural resource areas shall be included in the average lot size calculation to enable a transfer of density onto buildable portions of the site. Required areas include identified parks, wetland areas, riparian corridors, and other areas in which building is not permitted under local, state, or federal laws or regulations. For land in the North Redwood DCP area, the Planning Commission may allow public park land dedications to be included in the lot size averaging calculation in order to achieve community development goals and allow protection of natural resources; in this case, the resulting average lot size shall not be less than 5,000 square feet.

         b.   No lot shall be created that contains less than six thousand square feet, unless the alternative lot layout option provided in Section 16.64.040 is used;

         c.   The lot area standards for two-family dwellings, as provided in Sections 16.16.010 and 16.16.020, shall be met; and

         d.   As a condition of granting the exception, the city will require the owner to record a deed restriction with the final plat that prevents the re-division of over-sized lots (e.g., ten thousand square feet and larger), when such re-division would violate the average lot area provision in subsection 16.16.030.B.1.a. All lots approved for use by more than one dwelling shall be so designated on the final plat.

      2.   A public benefit must be demonstrated in order to allow more than ten percent of the lots to be outside of the minimum and maximum lot areas in subsection 16.16.030.A.

      3.   The Planning Commission may modify the maximum lot area requirements in 16.16.030.A if these cannot be met due to existing lot dimensions, road patterns, or other site characteristics.

   C.   Minimum width and frontage: sixty feet, except that the Planning Commission may approve lots having less frontage subject to special conditions to assure adequate access.

      1.   Exception. The minimum width and frontage for single family attached (common wall) townhouse lots is twenty feet.

   D.   Minimum yard requirements:

      1.   Street yard: twenty feet on side with driveway; fifteen feet for all other street sides; except that street yards may be reduced to ten feet for covered porches only;

      2.   Rear yard: all corner lots, ten feet single story or fifteen feet two-story; all other lots, fifteen feet single story or twenty feet two-story. One story building components must meet the single story setback requirements; two story building components must meet the two-story setback requirements;

      3.   Interior yard: Seven feet, except as otherwise provided for zero-lot line housing.

      4.   Interior and rear yards may be reduced to three feet, or the width of any existing utility easement, whichever is greater, for detached accessory structures erected sixty feet or more from any street other than an alley. The height limitations noted in subsection E.2 below apply to such structures. Detached accessory dwellings are not eligible for the three foot reduction. Utility easements may only be reduced with the approval of all utility providers.

      5.   Infill standards may also apply. See CMC 16.21.050.

   E.   Maximum building height:

      1.   Principal building: thirty-five feet.

      2.   Detached accessory structure:

         a.   If located inside the allowed building footprint for the principal building, a detached accessory structure may be up to twenty-two feet tall, as measured to the highest point of the roof.

         b   If located outside the allowed building footprint for the principal building, a detached accessory structure is subject to a step-up height standard, and is allowed outright only if it meets this standard. The structure shall not exceed eight feet tall, as measured to the highest point of the roof, at a distance of three feet from the property line. The structure may increase in height by one foot vertically for every one foot horizontally away from the three foot line, up to the maximum height of twenty-two feet.

         c.   A conditional use permit is required to locate the structure outside of the allowed building footprint for the principal building in violation of the step-up height standard.

         d.   Detached accessory structures over twenty-two feet tall are not permitted.

      3.   For detached accessory dwellings, the Planning Commission may approve building heights over twenty-two feet through the Conditional Use process, but in no case shall the accessory dwelling be higher than the principal building. The Planning Commission may only approve the use of buildings over twenty-two feet in the case of existing structures where no substantial changes to existing roof lines are proposed.

   F.   The maximum amount of impervious surface allowed the R-1 zone shall be 60 percent of the lot area.

      1.   Impervious surface includes all surface areas that create a barrier to or hinder the entry of water into the soil in comparison with natural conditions prior to development. Impervious surfaces include, but are not limited to, buildings, paved parking areas and driveways, roads, sidewalks, patios, packed earth, and oiled surfaces. Open, uncovered retention/detention facilities, green roofs, and permeable surfacing materials shall not be considered impervious surfaces. Roof surfaces are also considered ‘pervious’ when 100% of the annual average roof runoff is captured and reused on-site for irrigation or approved interior uses.

      2.   To limit impervious surface, alternative surfacing materials may be used. Alternative surfacing includes, but is not limited to paving blocks, turf block, pervious concrete, and porous asphalt. Other similar approved materials are encouraged. Utilization of alternative surfacing methods shall be subject to review by the City Public Works Department for compliance with applicable regulations and development standards. Maintenance of alternative surfacing materials located on private property are the responsibility of the property owner.

   G.   Other regulations:

      1.   Vision clearance distance shall be ten feet from a street to an alley or a street to a driveway, and thirty feet from a street to any other street.

      2.   All setbacks to be measured from the foundation line of the building; overhangs shall not exceed two feet; mechanical units, used for the heating/cooling of residential units are exempt from interior and/or rear yard setback requirements. A chimney for a fireplace or stove shall not exceed a two foot projection.

      3.   To provide shade, required yards on southern and western exposures may be reduced by not more than five feet for eaves, canopies, and covered patios if patio posts still comply with required five foot setbacks.

      4.   Accessory buildings shall not have a larger footprint than the primary building, unless lot area exceeds twelve thousand square feet.

      5.   Townhouse (common wall) development shall not exceed six attached dwellings if developed as a part of a planned unit development. If more than one group of six dwellings are constructed, then the groups shall be separated by not less than ten (10) feet. Townhouse units are encouraged to be alley loaded when possible. (Ord. 890 section 17, 1993; Ord. 740 section 10.3.18(C), 1984; Ord. 955 section 5, 1996; Ord. 981 section 45, 1997; Ord. 1080, 2001; Ord. 1111 section 7, 2003; Ord 1237, 2007; Ord. 1338, 2010; Ord. 1514, 2019; Ord 1634, 2024)

Uses permitted outright in the R-1.5 zone shall be as follows:

   A.   Uses permitted outright in the R-1 zone;

   B.   Two-family or three-family dwellings. One duplex or triplex on each lot. (Ord. 740 sect. 10.3.20 (A), 1984)

   C.   Single-family townhouse dwellings having common wall construction. The townhouse construction is limited to a maximum grouping of six dwelling units. If more than one group of dwellings is developed then a ten foot distance shall be maintained between an adjacent group of dwelling units.

   D.   Four-family dwellings, one fourplex on each lot. (Ord. 740 sect. 10.3.20(B), 1984; Ord. 1080, 2001; Ord. 1514, 2019; Ord 1634, 2024)

Conditional uses in the R-1.5 zone shall be as follows:

   A.   Uses listed as conditional in the R-1 zone; except as modified by Section 16.18.010, above. (Ord. 740 sect. 10.3.20(B), 1984; Ord. 1080, 2001; Ord. 1514, 2019; Ord 1634, 2024)

The following subsections indicate the required development standards of the R-1.5 zone. Cottage cluster developments are exempt from these standards and are instead subject to the cottage cluster development and design standards outlined in Section 16.21.080:

   A.   Minimum and maximum lot area:

      1.   For single family dwellings: five thousand (5,000) square feet minimum and six thousand five hundred (6,500) square feet maximum.

      2.   For townhouse dwelling units having common wall construction:

         a.    3,000 square foot minimum lot size.

         b.    1,800 square foot minimum lot size if approved as part of a planned unit development in accordance with section 16.76.

      3.   Minimum residential density: For two, three, and four family dwellings: new development shall achieve a minimum density of 6 units per acre and a maximum of 13 units per acre. Minimum density for a property is calculated by multiplying its area in acres (minus area required for street right-of-way and public park/open space areas) by the density standard. For example, 0.32 acres x 6 units/acre = minimum of 1.92 units. Decimals are rounded to the nearest whole number (e.g., a minimum of 1.92 units becomes a minimum of 2 units per acre). The Planning Commission may modify the density standard if it cannot be met due to existing lot dimensions, road patterns, or other site characteristics.

      4.   The Planning Commission may approve smaller or larger lots in accordance with subsection B, below.

   B.   Lot area exceptions:

      1.   The Planning Commission may approve an exception to the minimum and maximum lot area standards in subsection 16.18.030.A as part of a subdivision or partition application when all of the following standards are met:

         a.   The average area of all lots and open space tracts created through the subject land division, excluding required public park land dedications, surface water management facilities and similar public use areas, shall be no less than five thousand square feet and no greater than six thousand five hundred square feet. Non-required significant natural resource areas shall be included in the average lot size calculation to enable a transfer of density onto buildable portions of the site. Required areas include identified parks, wetland areas, riparian corridors, and other areas in which building is not permitted under local, state, or federal laws or regulations. For land in the North Redwood DCP area, the Planning Commission may allow public park land dedications to be included in the lot size averaging calculation in order to achieve community development goals and allow protection of natural resources; in this case, the resulting average lot size shall not be less than 4,000 square feet;

         b.   No lot shall be created that contains less than four thousand square feet, unless the alternative lot layout option provided in Section 16.64.040 is used; and

         c.   As a condition of granting the exception, the city will require the owner to record a deed restriction with the final plat that prevents the re-division of over-sized lots (six thousand five hundred square feet and larger), when such re-division would violate the average lot size provision in subsection 16.18.030.B.1.a. All lots approved for use by more than one dwelling shall be so designated on the final plat.

      2.   A public benefit must be demonstrated in order to allow more than ten percent of the lots to be outside of the minimum and maximum lot areas in subsection 16.18.030.B.1.a.

      3.   The Planning Commission may modify the maximum lot area requirements in subsection 16.18.030.B if these cannot be met due to existing lot dimensions, road patterns, or other site characteristics.

      4.   The maximum lot area standard does not apply to dwellings existing prior to subdivision or partition plan approval or to lots designated for open space.

   C.   Minimum width and frontage: forty feet, except that the Planning Commission may approve lots having less frontage subject to special conditions to assure adequate access. Twenty feet is permitted for single family attached (common wall) housing.

   D.   Minimum yard requirements:

      1.   Street yard: twenty feet on side with driveway; fifteen feet for all other street sides; except that street yards may be reduced to ten feet for covered porches only.

      2.   Rear yard: all corner lots, ten feet single story or fifteen feet two-story; all other lots: fifteen feet single story ortwenty feet two-story. One story building components must meet the single story setback requirements; two story building components must meet the two-story setback requirements;

      3.   Interior yard: seven feet, except as otherwise provided for zero-lot line housing.

      4.   Interior and rear yards may be reduced to three feet, or the width of any existing utility easement, whichever is greater, for detached accessory structures, except accessory dwellings, erected sixty feet or more from any street other than an alley. The height limitations noted in subsection E.2 below apply. Utility easements may only be reduced with the approval of all utility providers.

      5.   Infill standards may also apply. See CMC 16.21.050.

   E.   Maximum building height:

      1.   Principal building: thirty-five feet.

      2.   Detached accessory structure:

         a.   If located inside the allowed building footprint for the principal building, a detached accessory structure may be up to twenty-two feet tall, as measured to the highest point of the roof.

         b.   If located outside the allowed building footprint for the principal building, a detached accessory structure is subject to a step-up height standard, and is allowed outright only if it meets this standard. The structure shall not exceed eight feet tall, as measured to the highest point of the roof, at a distance of three feet from the property line. The structure may increase in height by one foot vertically for every one foot horizontally away from the three foot line, up to the maximum height of twenty-two feet.

         c.   A conditional use permit is required to locate the structure outside of the allowed building footprint for the principal building in violation of the step-up height standard.

         d.   Detached accessory structures over twenty-two feet tall are not permitted.

      3.   For detached accessory dwellings, the Planning Commission may approve building heights over twenty-two feet through the Conditional Use process, but in no case shall the accessory dwelling be higher than the principal building. The Planning Commission may only approve the use of buildings over twenty-two feet in the case of existing structures where no substantial changes to existing roof lines are proposed.

   F.   The maximum amount of impervious surface allowed the R-1.5 zone shall be 70 percent of the lot area.

      1.   Impervious surface includes all surface areas that create a barrier to or hinder the entry of water into the soil in comparison with natural conditions prior to development. Impervious surface include, but are not limited to, buildings, parking areas, driveways, roads, sidewalks, patios, packed earth, and oiled surfaces. Open, uncovered retention/detention facilities, green roofs, and permeable surfacing materials shall not be considered impervious surfaces. Roof surfaces are also considered ‘pervious’ when 100% of the annual average roof runoff is captured and reused on-site for irrigation or approved interior uses.

      2.   To limit impervious surface, alternative surfacing materials may be used. Alternative surfacing includes, but is not limited to paving blocks, turf block, pervious concrete, and porous asphalt. Other similar approved materials are encouraged. Utilization of alternative surfacing methods shall be subject to review and approval by the City Public Works Department for compliance with other applicable regulations and development standards. Maintenance of alternative surfacing materials located on private property are the responsibility of the property owner.

   G.   Other regulations:

      1.   Vision clearance distance shall be ten feet from a street to an alley or a street to a driveway, and thirty feet from a street to any other street.

      2.   All setbacks to be measured from the foundation line of the building. Overhangs shall not exceed two feet; mechanical units, used for the heating/cooling of residential units are exempt from interior and/or rear yard setback requirements. A chimney for a fireplace or stove shall not exceed a two foot projection.

      3.   To provide shade, required yards on southern and western exposures may be reduced by not more than five feet for eaves, canopies, and patio covers, if the patio posts still comply with required setbacks.

      4.   Accessory buildings shall not have a larger footprint than the primary building.

      5.   Townhouse (common wall) development shall not exceed six attached dwellings in a group as defined in Chapter 16.04.195. If more than one group of six dwellings is constructed, then the groups shall be separated by no less than ten feet. Townhouse units are encouraged to be alley loaded when possible. (Ord. 890 sect. 19, 1993; Ord. 740 sect. 10.3.20(C), 1984; Ord. 955 sect. 6, 1996; Ord. 981 sect. 46, 1997; Ord. 1019 sect. 8, 1999; Ord. 1080, 2001; Ord 1237, 2007; Ord. 1338, 2010; Ord. 1514, 2019; Ord 1634, 2024)

Uses permitted outright in the R-2 zone shall be as follows:

   A.   Uses permitted outright in the R-1.5 zone, subject to the density standards in Section 16.20.030(A);

   B.   Single family townhouse dwellings having common wall construction;

   C.   Boarding, lodging or rooming house;

   D.   Multi-family dwelling;

   E.   Manufactured and mobile home or trailer parks, subject to the criteria of Chapter 16.44;

   F.   Bed and Breakfast.

   G.   Residential Facility - for six or more individuals. (Per ORS 197.667(4) and 443.400 (8))

(Ord. 890 section 21, 1993; Ord. 740 section 10.3.21(A), 1984; Ord. 1019 section 9, 1999; Ord. 1080, 2001; Ord. 1514, 2019)

Conditional uses in the R-2 zone shall be as follows:

   A.   A use listed as conditional in the R-1 zone and not listed as permitted outright in section 16.20.010;

   B.   Uses listed as permitted outright in the C-R zone (Section 16.24.010), not to exceed 3,000 square feet, and only when part of a Planned Unit Development. All such uses shall be subject to site and design review.

   C.   Zero-lot line development for uses otherwise allowed, provided that the minimum side yard setback shall be 7 feet when adjacent to housing with standard setbacks. Prior to building permit approval, the applicant shall submit a copy of a recorded easement for every zero-lot line housing that guarantees rights for the purpose of construction and maintenance of structures and yards. The easement shall stipulate that no fence or other obstruction shall be placed in a manner that would prevent maintenance of structures on the subject lot; and the building placement, landscaping, and/or design of windows shall provide a buffer for the occupants of abutting lots. (Ord. 890 section 22(A)(B), 1993; Ord. 740 section 10.3.21 (B), 1984; Ord. 1080, 2001)

The following subsections indicate the required development standards of the R-2 zone:

   A   Minimum residential density: New development shall achieve a minimum density of 14 units per acre. Minimum density for a property is calculated by multiplying its area in acres (minus area required for street right-of-way and public park/open space areas) by the density standard. For example, 0.18 acres x 14 units/acre = minimum of 2.52 units. Decimals are rounded to the nearest whole number (e.g., a minimum of 2.52 units becomes a minimum of 3 units). The Planning Commission may modify the density standard if it cannot be met due to existing lot dimensions, road patterns, or other site characteristics.

   B.   Townhouses with common wall construction must be placed on a maximum 3000 square foot lot in order to meet the density required in this section.

   C.   Minimum width and frontage: Twenty feet except that the Planning Commission may require additional width to ensure that all applicable access standards are met.

   D.   Minimum yard requirements:

      1.   Street yard: twenty feet on side with driveway; fifteen feet for all other street sides; except that street yards may be reduced to ten feet for covered porches only. Street yards for multifamily development (3 or more units located on the same property) located adjacent and on the same side of the street to an R-1 (Low Density Residential) or R-1.5 (Medium Density Residential) zone shall establish a front yard setback that is within 5 feet of the front yard setback of the adjacent home in the R-1 or R-1.5 zone but shall not be less than 10 feet from the property line. This standard does not apply if the closest adjacent home has a front yard setback greater than 30 feet.

      2.   Rear yard: all corner lots, ten feet single story or fifteen feet two-story; all other lots: fifteen feet single story or twenty feet two-story. One story building components must meet the single story setback requirements; two story building components must meet the two-story setback requirements;

      3.   Interior yard: seven feet, except as otherwise provided for zero-lot line housing.

      4.   Interior and rear yards may be reduced to three feet, or the width of any existing utility easement, whichever is greater, for detached accessory structures erected sixty feet or more from any street other than an alley. The height limitations noted in subsection D.2 below apply to such structures. Utility easements may only be reduced with the approval of all utility providers.

      5.   Multifamily development (3 or more units on the same property) that is adjacent to an R-1 (Low Density Residential) or R-1.5 (Medium Density Residential) zone must provide a minimum 15-foot buffer area between the multifamily development and the R-1 or R-1.5 zoned property. Within this buffer the following applies (see figure 16.20-1):

         a.   Site obscuring landscaping shall be required. The Planning Commission may require retention of existing vegetation; installation of a 6-foot minimum height site-obscuring fence with shade trees planted a maximum of 30 feet on center; and/or other landscaping to provide visual buffering.

         b.   No active recreation areas (tot lots, swimming pools, etc.) shall be allowed within the 15-foot buffer (garden spaces shall not be considered active recreation areas);

      6.   Infill standards may also apply. See CMC 16.20.030(D)(3) and CMC 16.21.050.

   E.   Maximum building height and length:

      1.   Principal building: thirty-five feet.

      2.   Detached accessory structure:

         a.   If located inside the allowed building footprint for the principal building, a detached accessory structure may be up to twenty-two feet tall, as measured to the highest point of the roof.

         b.   If located outside the allowed building footprint for the principal building, a detached accessory structure is subject to a step-up height standard, and is allowed outright only if it meets this standard. The structure shall not exceed eight feet tall, as measured to the highest point of the roof, at a distance of three feet from the property line. The structure may increase in height by one foot vertically for every one foot horizontally away from the three foot line, up to the maximum height of twenty-two feet.

         c.   A conditional use permit is required to locate the structure outside of the allowed building footprint for the principal building in violation of the step-up height standard.

         d.   Detached accessory structures over twenty-two feet tall are not permitted.

      3.   Maximum building height for multifamily developments abutting an R-1 (Low Density Residential) or R-1.5 (Medium Density Residential) zone shall not exceed a building height greater than one foot for each foot of distance from the R-1 and/or R-1.5 property line.

      4.   Maximum building length shall be 120 feet.

   F.   The maximum amount of impervious surface allowed in the R-2 zone shall be 70 percent of the lot area.

      1.   Impervious surface includes all surface areas that create a barrier to or hinder the entry of water into the soil in comparison with natural conditions prior to development. Impervious surfaces includes, but are not limited to, buildings, parking areas, driveways, roads, sidewalks, patios, packed earth, and oiled surfaces. Open, uncovered retention/detention facilities, green roofs, and permeable surfacing materials shall not be considered impervious surfaces. Roof surfaces are also considered ‘pervious’ when 100% of the annual average roof runoff is captured and reused on-site for irrigation or approved interior uses.

      2.   To limit impervious surface, alternative surfacing materials may be used. Alternative surfacing includes, but is not limited to paving blocks, turf block, pervious concrete, and porous asphalt. Other similar approved materials are encouraged. Utilization of alternative surfacing methods shall be subject to review and approval by the City Public Works Department for compliance with other applicable regulations and development standards. Maintenance of alternative surfacing materials located on private property are the responsibility of the property owner.      

   G.   Other regulations:

      1.   Vision clearance distance shall be ten feet from a street to an alley or a street to a driveway, and thirty feet from a street to any other street.

      2.   All setbacks to be measured from the foundation line of the building. Overhangs shall not exceed two feet; mechanical units, used for the heating/cooling of residential units are exempt from interior and/or rear yard setback requirements. A chimney for a fireplace or stove shall not exceed a two foot projection.

      3.   To provide shade, required yards on southern and western exposures may be reduced by not more than five feet for eaves, canopies, and patio covers, if patio posts still comply with required setbacks.

      4.   Multi-family developments exceeding ten units shall provide 150 square feet of recreation space per dwelling unit. Recreation spaces shall be no less than 1,500 square feet in size.

      5.   Accessory buildings shall not have a larger footprint than the primary building.

      6.   Townhouse (common wall) development shall not exceed six dwelling units as defined in Chapter 16.04.195. Where possible, the six unit development should include the placement of an alley or sidewalk along the rear boundary of the properties for fire and emergency access to the rear of the properties. If more than one group of six dwelling units is constructed, then the groups shall be separated by ten feet of open space. (Ord. 890 sect. 23, 1993; Ord. 740 sect. 10.3.21 (C),1984; Ord. 955 sect. 7, 1996; Ord. 981 sect. 47, 1997; Ord. 1080, 2001; Ord. 1107, 2002; Ord. 1237, 2007; Ord. 1338, 2010; Ord. 1514, 2019)

   The purpose of the residential design objectives are to promote:

   A.   Community livability through thecreation of attractive design housing and streetscapes.

   B.   Compatibility (in height, bulk, setback and overall design) between infill housing and adjacent established housing, to the extent practicable. Additionally, the standards are intended to promote compatibility and transitions between multi-family housing and adjacent uses.

   C.   Community safety for neighborhood streets and front yards by providing “eyes on the street.”

   D.   Community interaction by designing neighborhood streets, front yards and open spaces so that they are attractive and inviting places for neighbors to interact.

   E.   Good design at reasonable cost through design standards that improve residential design within reasonable cost parameters, process, and with options for how to meet the standards. (Ord. 1107, 2002)

   F.   Low impact developments that manage stormwater through the use of on-site features, preserve natural conditions and open space, minimize impervious surfaces, and use land efficiently. (Ord. 1107, 2002; Ord. 1338, 2010)

The standards in sections 16.21.030 through 16.21.050 apply to single family dwellings, manufactured homes, and two family dwellings (duplexes). Where a proposal is for an alteration or addition to an existing development, the standards of this section apply only to the portion being altered or added. If the applicant can demonstrate that implementation of the standards would be impractical due to lot size, shape, slope, or other natural feature of the property that does not generally apply to other properties in the city, the Planning Director may waive any of the standards which are demonstrated to be impractical. (Ord. 1107, 2002)

   A.   Purpose: These standards are intended to ensure design of housing that will reinforce and enhance Canby’s overall livability and provide options to promote design variety and ease of administration of the standards.

   B.   All new single family dwellings, manufactured homes, townhouses, and two-family dwellings (duplexes) shall comply with the design features in this section along street facing facades.

      1.   Additions and alterations that add less than 50% to the existing floor area of the house (not including garage floor area) are exempt from this subsection, unless a new garage is being added. Additions or alterations that are not visible from the street side of the home are exempt.

   C.   Garage Standards: These standards are intended to: provide a visual connection between the living area of the residence and the street; prevent garages from obscuring or dominating the main entrance of the house; and, provide for a pleasant pedestrian environment in residential areas. The garage and design standards are:

      1.   Garage Façade Length Standards:

         a.   A garage up to 50% of the length of the street-facing facade (see figure 16.21-1), shall meet 4 of the design standards in 16,21.030(D) or,

         b.   A garage up to 60% or more of the length of the facade,shall meet 6 of the design standards in 16.21.030(D).

         c.   On corner lots, the non-front street side of the lot shall comply with 3 of the design menu standards in 16.21.030 (D).

      2.   Garage Façade Projection Standards:

         a)   A garage wall that faces the street may be no closer to the street than the longest remaining front façade of the house, except as provided in subsections (b)(1) or (b)(2) below.

         b)   A garage may extend up to 6 feet in front of the longest remaining portion of the front facade if:

            1.   There is a covered front porch and the garage does not extend beyond the front line of the porch (see figure 16.21-3); or,

            2.   The garage is part of a dwelling’s multi-gabled façadeand has a window (minimum 6 square feet, with 4" trim or shutters) above the garage door or placed on another front façade gable that faces the garage street frontage (see figure 16.21-4).

      3.   On corner lots, and through lots, only one street-facing wall must meet the design standards required in 1 or 2 above for the front of the lot as defined in Section 16.04.320.

      4.   Garages may be side-oriented to the front lot line if windows occupy a minimum of 15% of the street-facing wall of the garage (see figure 16.21-5).

      5.   The garage standards in this section do not apply to “flag lots” when the proposed dwelling cannot be clearly seen from the public street frontage or does not front on a public street.

   D.   Design Menu Standards

      1.   Dormers

      2.   Gables, hip roof, or gambrel roof form.

      3.   Recessed entries (minimum 2 foot recess)

      4.   Covered porch entries (minimum 48 square feet, minimum 4 feet deep)

      5.   Bay windows

      6.   Any eaves of 12 inches or greater

      7.   Off-set of 16 inches or greater on building face or roof

      8.   Windows and main entrance doors occupy a minimum of 15% of the facade, not including the roof.

      9.   Window trim (minimum 4-inch) or shutters (minimum 8-inch)

      10.   Balconies or porch rail

      11.   Shakes, shingles, brick or other similar decorative materials occupy at least 60 square feet of the street facade.

   E.   Residential Elevations

      1.   Residential dwelling permits shall include delineated top of curb elevations at two property corners at the street frontage.

      2.   Finished floor elevations at the front street side of the dwelling shall not exceed 30 inches above the average of the two measured elevations.

      1.   A minimum 19 foot setback shall be provided from the garage to the sidewalk when the sidewalk is an easement that extends onto private property to prevent vehicles parked in the driveway from protruding into the sidewalk area.

   G.   Placement of Mobile Homes or Manufactured Homes on a lot in a residential zone, outside of a mobile home park, that is used as the primary residence must construct a carport or garage for at least one vehicle. (Ord. 1107, 2002; Ord 1237, 2007; Ord. 1514, 2019)

   A.   Purpose. These standards are intended to ensure there is a visual connection between the entry of the home and the street, and, provide for a pleasant pedestrian environment in residential areas.

   B.   At least one main entrance for each structure must:

      1.   Additions or alterations that are not visible from the street side of the home are exempt. or

      2.   Be at an angle up to 45 degrees from the street, or

      3.   Open onto a covered porch on the front or side of the residence that is at least 48 square feet in area and at least 4 feet in depth. (Ord. 1107, 2002)

   A.   Purpose. The purposes of these standards are to promote compatibility between new development and existing homes, and, to provide for the efficient use of residential land.

   B.   Applicability. These standards apply to all new infill homes as defined by 16.04.255. The standards also apply to remodels of existing infill homes where the remodel increases the homes floor area by more than 50%, not including garage area.

   C.   Standards for Infill Homes (see figure 16.21-6)

      1.   Lot Coverage - Infill homes exceeding one story shall not exceed a lot coverage of 35%. In this standard, lot coverage applies to portion of the lot covered by structures, not including garage area.

      2.   Garage Standards - Infill homes must meet the Option 1 garage standards in 16.21.030. The infill home is exempt from garage standards if located on a flag lot, or, if an adjacent home fronting the same street does not comply with the garage standards in 16.21.030(C).

      3.   Similar Front Setback - Infill homes shall establish a front yard setback that is within 5 feet of the front yard setback for the closest adjacent home on the same side of the street. This standard does not apply if the closest adjacent home has a front yard setback greater than 30 feet.

      4.   Maximum Height. Infill homes shall have a maximum height of 28 feet.

      5.   Step-up Standard. At the interior and rear setback line, the infill home shall not exceed a single story exterior wall height (not to exceed 10 feet from finished floor to top plate). The area within a gable is not included in the wall height. Finished vaulted ceilings or unfinished attic spaces without exterior windows are allowed in the gable area. The building may increase in height by one foot vertically for every foot horizontally away from the setback line, up to the maximum height allowed. Building height is measured as defined by the Oregon Structural Specialty Code. The Planning Director or Planning Commission may exempt infill homes from this standard for any yard that abuts a property on which the existing home is greater than one story.

The standards in section 16.21.070 apply to multi-family dwellings. Where a proposal is for an alteration or addition to an existing development, the standards of this section apply only to the portion being altered or added. If the applicant can demonstrate that implementation of the standards would be impractical due to lot size, shape, slope, or other natural feature of the property that does not generally apply to other properties in the city, the Planning Director may waive any of the standards which are demonstrated to be impractical. (Ord. 1107, 2002)

   A.   For design review applications for multi-family dwellings (three or more units) or for development that contain 3 or more units on a single lot located in any zone, the menu in Table 16.21.070 shall apply. This menu replaces the general menu contained in Chapter 16.49 for such applications.

   A.   A design review application for multi-family dwellings shall be considered to be compatible if

      1.   At least five of the Design Elements for Street Facing Facades are achieved.

      2.   A minimum of 60 percent of the total possible points from the Design Menu are accumulated for the whole development;

      3.   10 percent of the points used to meet (2) above are from the LID category; and,

      4.   The applicant has received a minimum of one point in each applicable category.

   C.   Those elements that are not applicable to a project shall not be counted toward the total possible points. (Ord. 1338; 2010)

As part of review of multi-family developments, the following menu shall be used as part of the review. In order to “pass” this table 60% of total possible points shall be earned,

(10% of the total possible points must be from LID elements)

 

(Ord. 1338, 2010)

   A.   Purpose. The purpose of these standards is to promote more affordable fee incommon or fee ownership housing options within Canby. Additionally, they are designed to promote quality development, a sense of openness and community,and enhance livability and walkability. These standards are also intended toencourage cottage cluster developments that are compatible with existing andfuture residential development within the R-1 and R-1.5 zones.

   B.   Applicability. These standards apply to all new cottage cluster developments as defined by section 16.04.

   C.   Permitted Use. Cottage Cluster developments are permitted outright within theR1 and R1.5 zones. Cottage Cluster developments may be permitted as a standalone development or as part of a Planned Unit Development in accordance with 16.72, PUD applications.

   D.   Approval Process. Cottage cluster developments are a Type 3 Site and Design Review application, approved in accordance with Chapter 16.49, Site and Design Review. Cottage cluster developments within a PUD are subject to Chapter 16.72,PUD Applications. Cottage cluster developments proposed to be subdivided maybe approved in accordance with Chapter 16.62, Subdivisions as a Type 3 process.

      1.   Cottage cluster developments are exempt from the following sections of Chapter 16.49, Site and Design Review:

         a.   Section 16.49.040.B.5, Site Design Review Menu;

         b.   Section 16.49.080.C, minimum landscaping standards; and

         c.   Section 16.49.120, parking lot landscaping standards.

      2.   Covenants, easements or other recorded documents shall be provided tothe City prior to certificate of occupancy of the first unit, or prior to the final plat if the cottage cluster is proposed to be subdivided, addressing access and maintenance of all shared common areas or common facilities including, but not limited to, storm sewers and stormwater facilities, drainage ways, open space, landscaping, and shared parking facilities.

   E.   Development Standards. The following development standards apply to all cottage cluster developments and supersede the development standards of the underlying zone unless stated otherwise.

      1.   Density. The minimum density of any cottage cluster development is 6 units per acre. There is no maximum density standard, provided the cottage cluster development is designed to conform with the requirements of this section.

      2.   Lot Area. There is no minimum or maximum lot area standard, provided thecottage cluster development is designed to conform with the requirements of this section.

      3.   Minimum Perimeter Yard Setback Requirements for Structures.

         a.   Street yard: The minimum setback requirement of the underlying zone applies.

         b.   Rear yard: 10 feet

         c.   Side yard 5 feet

      4.   Number of Cottages. Cottage housing units shall be developed in clusters of a minimum of four (4) units per cluster. There is no maximum, provided one (1) common courtyard, consistent with the standards of section 16.21.080(F)(3), is provided for every 12 cottages.

      5.   Building Separation. Cottages shall be separated by a minimum distance of six (6) feet. The minimum distance between all other structures, including accessory structures, shall be three (3) feet.

      6.   Building Height. The maximum building height for all structures is 28 feet.

      7.   Unit Size. Each cottage’s total floor area shall be a minimum of 600 square feet and shall not exceed a maximum of 1,200 square feet. Per section 16.21.080(F)(6)(e)(ii) of this chapter, individual attached garages up to 200 square feet shall be exempted from the calculation of a cottage’s maximum total floor area.

      8.   Maximum Impervious Surface. The maximum impervious surface standard of the underlying zone applies.

      9.   Off-Street Parking. At least two (2) off-street parking space shall be provided per cottage dwelling unit. Off-street parking shall be designed in accordance with section 16.10.070, Parking Lots and Access, and section 16.21.080(F)(5).

         a.   If a cottage cluster development fronts on a street that does not allow on-street parking, at least two (2) guest parking spaces shall be provided on site for every four (4) cottage dwelling units.

         b.   If a cottage cluster development fronts on a street that allows on-street parking, there is no guest parking requirement.

      10.    Access Requirements. Cottage cluster developments are permitted to have more than one driveway access provided applicable access spacing standards are met.

   F.   Design Standards. The following design standards apply to all cottage cluster developments. No other design standards shall apply to cottage clusters unless noted in this section. Where there is a conflict between these standards and the standards of other sections of this code, the standards of this section shall control.

      1.   Cottage Design Standards. All cottages and community buildings shall incorporate four (4) of the following design features:

         a.   Dormers.

         b.   Gables, hip roof, or gambrel roof form.

         c.   Recessed entries (minimum 2 foot recess).

         d.   Covered porch entries (minimum 48 square feet, minimum 4 foot depth).

         e.   Bay windows.

         f.   Any eaves of 12-inches or greater.

         g.   Off-set of 16-inches or greater on building face or roof.

         h.   Windows and main entrance doors occupy a minimum of 15 percent of the façade, not including the roof.

         i.   Window trim (minimum 4-inch) or shutters (minimum 8-inch)

         j.   Balconies or porch rail.

         k.   Shakes, shingles, brick or other similar decorative materials occupying at least 60 square feet of the street-facing and courtyard-facing façade.

      2.   Cottage Orientation. Cottages must be clustered around a common courtyard and must meet the following standards (see Figure 1 and Figure 2):

         a.   A minimum of 50 percent of cottages within a cluster must beoriented to the common courtyard and meet the followingstandards:

            i.   Have a main entrance facing the common courtyard;

            ii.   Be within 10 feet of the common courtyard measured from the façade of the cottage to the nearest edge of the common courtyard; and

            iii.   Be connected to the common courtyard by a pedestrian path.

         b.   Cottages within 20 feet of a street property line may have their entrances facing the street, provided 50 percent of all cottage units within the cluster face the common courtyard.

         c.   Cottages not facing the common courtyard or the street must have their main entrances facing a pedestrian path that provides a continuous and reasonably direct connection to the common courtyard.

      3.   Common Courtyard Design Standards. Each cottage cluster development must share a common courtyard in order to provide a minimum open space area for the cottage cluster development. One (1) common courtyard shallbe provided for every 12 cottage units (see Figure 1 and Figure 2).

         a.   The common courtyard must be a single, contiguous area.

         b.   Cottages must abut the common courtyard on at least two sides of the courtyard.

         c.   The common courtyard must contain a minimum of 150 square feet per cottage within the associated cluster.

         d.   The common courtyard must be a minimum of 15 feet wide at its narrowest dimension.

         e.   The common courtyard shall be developed with a mix of landscaping and lawn area, recreational amenities, hard-surfaced pedestrian paths, and/or paved courtyard area. Impervious elements of the common courtyard shall not exceed 75 percent of the total common courtyard.

         f.   Pedestrian paths, parking areas, required setbacks, and driveways do not qualify as part of a common courtyard.

      4.   Community Buildings. Cottage cluster developments may include community buildings for the shared use of residents that provide space for accessory uses such as community meeting rooms, guest housing,exercise rooms, day care, or community eating areas. Community buildings must meet the following standards and may not be used as dwelling units:

         a.   Each cottage cluster is permitted one community building.

         b.   A community building shall not exceed 1,400 square feet of total floor area.

         c.   Community buildings may count towards a cottage cluster’s common courtyard requirement provided the standards of section 16.21.080(F)(1) are met. Only the footprint area of the community building may count towards the common courtyard minimum area requirement.

         d.   A community building cannot count for more than 75% of the common courtyard.

      5.   Pedestrian Access.

         a.   An accessible pedestrian path must be provided that connects the main entrance of each cottage to the following (see Figure 1 and Figure 2):

            i.   The common courtyard;

            ii.   Shared parking areas;

            iii.   Community buildings, if provided; and

            iv.   Abutting sidewalks within the public right-of-way, or to the edge of the roadway if sidewalks along the roadway are not provided.

         b.   The pedestrian path must be hard-surfaced and a minimum of five(5)feet in width.

      6.   Parking Area Location and Design (see Figure 1 and Figure 2).

         a.   Clustered parking. Off-street parking may be arranged in clusters of not more than five (5) contiguous spaces separated from other clusters by at least four (4) feet of landscaping. Clustered parking areas may be covered.

         b.   Off-street parking spaces and vehicle maneuvering areas shall not be located:

            i.   Within 20 feet from any street property line, excluding alleys.

            ii.   Between a street property line, excluding alleys, and cottages abutting the street property line.

         c.   Off-street parking spaces shall not be located within 10 feet of any property line, except alley property lines. Driveways and drive aisles are permitted within 10 feet of all property lines.

         d.   Screening. Landscaping, fencing, or walls shall separate clustered parking areas and parking structures from public streets and residentially zoned properties.

            i.   When adjacent to residentially zoned properties, the landscaping, fencing, or walls must be 6 feet tall.

            ii.   When adjacent to public streets, the landscaping, fencing, or walls must be at least 3 feet tall.

            iii.   All fencing and walls must be consistent with city fencing standards in CMC 16.08.110.

            iv.   All screening must comply with vision clearance.

         e.   Garages and carports shall meet the following standards:

            i.   Garages and carports (whether shared or individual) must not abut common courtyards.

            ii.   Individual attached garages up to 200 square feet shall be exempted from the calculation of a cottage’s maximum total floor area per section 16.21.080(E)(7) of this chapter.

            iii.   Individual detached garages must not exceed 400 square feet in floor area.

            iv.   Garage doors for individual garages must not exceed 12 feet in width.

      7.   Existing Structures. On a lot or parcel to be used for a cottage cluster development, a pre-existing detached single-family dwelling may remain within the cottage cluster development area and does not need to comply with the requirements of this section except for minimum separation distance requirements per section 16.21.080(E)(4) above.

(Ord 1634, 2024)

Uses permitted outright in the C-1 zone shall be as follows:

   A.   Residential. Residential uses shall be permitted only when part of a mixed use development (residential with commercial, office, or public/institutional use). Both vertical mixed use (housing above the ground floor) and horizontal mixed use (housing on the ground floor) developments are allowed, as follows:

      1.   Ground floor dwelling units that are incidental (less than 25% of the ground floor gross area) attached to any use allowed in a C-1 zone, and have access from a side or back entrance, or an entrance that is incidental to the commercial main ground floor use.

      2.   Residential units occupying the second and/or third story of any structure in the C-1 zone, provided the primary ground floor use is listed in 16.22.010.

      3.   Limitation on street-level housing. No more than fifty (50) percent of a single street frontage may be occupied by residential uses. This standard is intended to reserve storefront space for commercial uses and public/institutional uses; it does not limit residential uses above the street level on upper stories, or behind street-level storefronts. For parcels with street access at more than one level (e.g., sloping sites with two street frontages), the limitation on residential building space shall apply to all street frontages.

         a.   Density. There is no minimum or maximum residential density standard. Density shall be controlled by the applicable lot coverage and building height standards.

         b.   Parking, garages, and driveways. All off-street vehicle parking intended for residential use, including surface lots and garages, shall be oriented to alleys, placed underground, placed in structures above the ground floor, or located in parking areas behind or to the side of the building; except that side yards facing a street (i.e., corner yards) shall not be used for surface parking. All garage entrances facing a street (e.g., underground or structured parking) shall be recessed behind the front building elevation by a minimum of four (4) feet. On corner lots, garage entrances shall be oriented to a side street when access cannot be provided from an alley.

         c.   Creation of alleys. When a residential subdivision (e.g., four or more townhome lots) is proposed, a public alley shall be created for the purpose of vehicle access. Alleys are not required when existing development patterns or topography make construction of an alley impracticable. As part of a subdivision, the City may require dedication of right-of-way or easements, and construction of pathways between townhome lots (e.g., between building breaks) to provide pedestrian connections through a development site.

      4.   Existing dwelling units which are not incidental and attached to a use allowed in the C-1 zone may be altered, expanded (or rebuilt within one year of a fire or other act of nature) provided that any such additions or rebuilding comply with the development standards for dwelling units in the R-2 zone;

   B.   Retail store or shop, except those listed as permitted or conditional uses in the C-2 zone;

   C.   Amusement enterprise, including pool hall, bowling alley, dance hall, skating rink or theater, when enclosed in a building;

   D.   Bakery, for retail sale primarily on premises; Establishments primarily engaged in the retail sale of bakery products. The products may be purchased from others or made on the premises. Provided the manufacturing does not exceed 7000 square feet of floor space. SIC 5461

   E.   Barber or beauty shop, nail salon;

   F.   Bank or other financial institution;

   G.   Bed and Breakfast, in an existing residence;

   H.   Bicycle sales, service, or repair;

   I.   Blueprinting, Photostatting, printing or other reproduction process;

   J.   Bus depot;

   K.   Business college;

   L.   Catering establishment;

   M.   Church or places of worship;

   N.   Club or lodge hall;

   O.   Day care facility;

   P.   Laundry or cleaning establishment;

   Q.   Frozen food lockers;

   R.   Hardware store, not including lumber or other large building materials requiring on-site outside or warehouse storage;

   S.   Hotel and apartment hotel;

   T.   Laboratory for experimental, photo or electronic testing research;

   U.   Locksmith or gunsmith;

   V.   Magazine or newspaper distribution agency;

   W.   Mortuary (including those used for pets);

   X.   Office, business or professional;

   Y.   Pawn shop;

   Z.   Public Transit Center;

   AA.   Restaurant, without drive-in service;

   BB.   Scientific or professional instrument sales or repair;

   CC.   Sales, rental or repair of small recreational, radio, television, business or household equipment;

   DD.   Studio, including music, art, dancing, photography or health;

   EE.   Taxidermy shop;

   FF.   Telephone or telegraph exchange;

   GG.   Theater, except drive-in;

   HH.   Auto parts store and incidental shop facilities;

   II.   Upholstery shop;

   JJ.   Watch and clock repair;

   KK.   Similar commercial uses as determined by the Planning Commission;

   LL.   Public building or land use such as fire station, city hall, park, playground, library or museum.

   MM.   Minor public facility.

   NN.   Drinking Places (alcoholic Beverages) Establishments primarily engaged in the retail sale of alcoholic drinks, such as beer, ale, wine, and liquor, for consumption on the premises. The sale of food frequently accounts for a substantial portion of the receipts of these establishments. SIC 5813

   OO.   Brew Pub: General Manufacturing of products included in SIC 2082: Malt Beverages, provided the manufacturing does not exceed 7,000 square feet of total floor area per development site, and retail sales of the products manufactured is provided on-site, and the sale of food frequently accounts for a substantial portion of the receipts of the establishment.

   PP.   Confectionary Store: Establishments primarily engaged in manufacturing confectionery for direct sale on the premises to household consumers provided the manufacturing does not exceed 7000 square feet of floor space. SIC 5441 (Ord. 890 section 24, 1993; Ord. 805 section 2, 1987; Ord. 802 section 6, 1987; Ord. 740 section 10.3.24(A), 1984; Ord. 955 section 8, 1996; Ord. 981 section 21, 1997; Ord. 1076, 2001; Ord 1237, 2007; Ord. 1514, 2019)

   QQ.   Collocations: Pursuant to the standards and requirements of Chapter 16.55. (Ord. 1539, 2020)

   RR.   Food Cart Pods: Pursuant to the standards and requirements of Chapter 16.45. (Ord. 1570, 2022)

Conditional uses in the C-1 zone shall be as follows:

   A.   A use listed as conditional in the R-1 zone, except as modified in Section 16.22.010, above;

   B.   Parking lot or parking structures;

   C.   Certain wireless telecommunications facilities, pursuant to the standards and requirements of Chapter 16.55. (Ord. 890 section 25, 1993; Ord. 740 section 10.3.24(B), 1984; Ord. 981 section 22, 1997; Ord. 1076, 2001; Ord 1237, 2007; Ord. 1514, 2019, Ord. 1539, 2020)

The following subsections indicate the required development standards of the C-1 zone:

   A.   Minimum lot area: none;

   B.   Minimum width and frontage: none;

   C.   Minimum yard requirements:

      1.   Street yard: none, except ten feet where adjoining a residential zone.

      2.   Interior yard: none.

      3.   Rear yard: none

   D.   Maximum building height:

      1.   Freestanding signs: thirty feet;

      2.   All other structures: forty-five feet.

   E.   Maximum lot coverage: no limit;

   F.   Other regulations:

      1.   Vision clearance distances shall be ten feet from an alley and fifteen feet from any other street.

      2.   Sidewalks a minimum of eleven (11) feet in width shall be required in commercial locations unless existing building locations or street width necessitate a more narrow design.

      3.   All setbacks to be measured from the foundation line of the building. Overhangs shall not exceed two feet (not including awnings); mechanical units, used for the heating/cooling of residential units, are exempt from interior and/or rear yard setback requirements.

      4.   New commercial buildings, particularly retail shopping and offices, shall be oriented to the street, near or at the setback line. A main entrance shall be oriented to the street.

      5.   Off-street motor vehicle parking for new commercial developments shall be located at the side or behind the building(s). (Ord 740 section 10.3.24(C), 1984; Ord. 981 section 48, 1997; Ord. 1043 section 3, 2000; Ord. 1076, 2001; Ord 1237, 2007; Ord. 1514, 2019)

For design review applications located in the C-1 zone the following matrix shall apply. This matrix replaces the general matrix contained in Chapter 16.49 for such applications.

A design review application in the C-1 zone shall be considered to be compatible if a minimum of 65 percent of the total possible points (not including bonuses) are accumulated for the whole development, and if the applicant has received a minimum of one point in each applicable category. (Ord. 1076, 2001; Ord. 1080, 2001)

TABLE 16.22.040

 

Uses permitted outright in the C-R zone shall be as follows:

   A.   Uses permitted outright in the R-1.5 zone, conforming to the development standards of the R-1.5 zone;

   B.   Parking lots or parking structures;

   C.   Bakery, for retail sale primarily on premises; Establishments primarily engaged in the retail sale of bakery products. The products may be purchased from others or made on the premises. Provided the manufacturing does not exceed 7000 square feet of floor space. SIC 5461

   D.   Barber or beauty shop;

   E.   Bicycle service and repair shop with all business and storage conducted within an enclosed building;

   F.   Church or places of worship;

   G.   Ceramic, arts, crafts, or hobby shop, provided that adequate parking exists for any classes given;

   H.   Day care center serving fifteen or fewer children or adults;

   I.   Locksmith shop;

   J.   Magazine or newspaper distribution agency;

   K.   Sales, rental or repair of small recreational, radio, television, business or household equipment;

   L.   Studio, including music, art, dance, photography or health;

   M.   Upholstery shop;

   N.   Watch or clock repair;

   O.   Business or professional offices;

   P.   Rooming or boarding houses;

   Q.   Shoe repair;

   R.   Dwelling units attached to any use allowed in the C-R zone.

   S.   Brew Pub: General Manufacturing of products included in SIC 2082: Malt Beverages, provided the manufacturing does not exceed 7,000 square feet of total floor area per development site, and retail sales of the products manufactured is provided on-site, and the sale of food frequently accounts for a substantial portion of the receipts of the establishment.

   T.   Confectionary Store: Establishments primarily engaged in manufacturing confectionery for direct sale on the premises to household consumers provided the manufacturing does not exceed 7000 square feet of floor space. SIC 5441 (Ord. 890 section 26, 1993; Ord. 740 section 10.3.25(A), 1984; Ord. 1514, 2019)