The H historic overlay zone has been designed for the preservation of historically significant sites within the city. The H overlay zone may be used with any land use designation in the comprehensive plan. (1996 Code § 17.56.010)

A change of use or an external modification of a historic structure may be permitted by the planning commission after a public hearing at which the applicant demonstrates that the change will not alter the structure or site in such a way as to destroy the historic value of either. Input may be requested from the state historic preservation officer prior to the planning commission's decision. (1996 Code § 17.56.020; amd. Ord. 643, 3-1-2006)

The planning commission may attach conditions to any allowed change of use or external modification relating to setbacks, screening, off street parking and loading, construction standards and maintenance, and landscaping, which may be deemed necessary to protect the historic character of the structure or site, as well as the public health, safety and welfare of the adjoining property owners and the public interest. (1996 Code § 17.56.030)

   A.   Demolition Permit; Waiting Period: There shall be a ninety (90) day waiting period before any requested demolition permit can be issued. During this time, the city staff shall, with the assistance of any interested civic group, investigate possible methods to purchase and preserve the site or structure.

   B.   Preservation Plan:

      1.   If a preservation plan is developed, the demolition permit shall not be issued until a good faith effort has been made by all parties involved to implement such a plan. However, if not successful within one year, the preservation plan shall be void and a demolition permit issued.

      2.   If no preservation plan is developed within the ninety (90) day waiting period, the demolition permit shall be issued. (1996 Code § 17.56.040)

It is the purpose of this title to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by methods and provisions designed for:

   A.   Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

   B.   Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

   C.   Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

   D.   Controlling filling, grading, dredging, and other development which may increase flood damage; and

   E.   Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (Ord. 664, 11-3-2010)

This article shall apply to all areas of special flood hazard within the jurisdiction of the city. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in this article. The permit shall be for all structures including manufactured dwellings, as set forth in section 9-2-2, "Definitions", of this title, and for all development including fill and other activities, also as set forth in section 9-2-2, "Definitions", of this title. (Ord. 664, 11-3-2010)

   A.   Grant Or Deny Permit: The planning commission shall grant or deny development permit applications in accordance with the provisions of this article.

   B.   Duties: The duties of the planning commission shall include the review of all development permits to determine the following:

      1.   The permit requirements of this article have been met.

      2.   All necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

      3.   The encroachment provisions of this article have been met, if the proposed development is located in the floodway. (Ord. 664, 11-3-2010)

Where base flood elevation data is provided through the flood insurance study, FIRM or required, the planning commission shall obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement or below grade crawl space) of all new or substantially improved structures, and whether or not the structure contains a basement. For all new or substantially improved floodproofed structures, the planning commission shall:

   A.   Verify and record the actual elevation (in relation to mean sea level); and

   B.   Maintain the floodproofing certifications required.

   C.   Maintain for public inspection all records pertaining to the provisions of this article. (Ord. 664, 11-3-2010)

The areas of special flood hazard identified by the federal insurance administration in a scientific and engineering report entitled "The Flood Insurance Study For Columbia County, Oregon And Incorporated Areas", dated November 26, 2010, with accompanying flood insurance rate maps is hereby adopted by reference and declared to be a part of this article. The flood insurance study is on file at city hall. When base flood elevation data has not been provided in accordance with this section, the planning commission shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer this article. (Ord. 664, 11-3-2010)

When base flood elevation data has not been provided (A zone) in accordance with section 9-9B-5, "Basis For Establishing Areas Of Special Flood Hazard", of this article, the local administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer section 9-9B-9, "Flood Hazard Protection", of this article. (Ord. 664, 11-3-2010)

Notification shall be provided to adjacent communities, the department of land conservation and development, the U.S. army corps of engineers, the Oregon department of state lands, and other appropriate agencies prior to any alteration or relocation of a watercourse, and submit evidence of such notification submitted to the federal insurance administration. The planning commission shall require that maintenance be provided within the altered or relocation portion of the watercourse, so that the flood carrying capacity is not diminished. (Ord. 664, 11-3-2010)

The planning commission shall make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of section 60.6 of the rules and regulations of the national flood insurance program (44 CFR 59-76). (Ord. 664, 11-3-2010)

In all areas of special flood hazard, the following standards are required:

   A.   Anchoring:

      1.   All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

      2.   All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over the top or frame ties to ground anchors (reference FEMA's "Manufactured Home Installation In Flood Hazard Areas" guidebook for additional techniques).

   B.   Construction Materials And Methods:

      1.   All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

      2.   All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

      3.   Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the component during conditions of flooding.

   C.   Utilities:

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

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

      3.   On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding consistent with the administrative rules of the Oregon department of environmental quality.

   D.   Subdivision Applications: Applications shall be consistent with the need to minimize flood damage; shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; and shall have adequate drainage provided to reduce exposure to flood damage; and, where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least fifty (50) lots or five (5) acres (whichever is less).

   E.   Review Of Building Permits: Where elevation data is not available from the flood insurance study, FIRM, or some other authoritative source, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet (2') above grade in these zones may result in higher insurance rates.

   F.   Residential Construction: New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated a minimum of one foot (1') above the base flood elevation. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

      1.   A minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

      2.   The bottom of all openings shall be no higher than one foot (1') above grade.

      3.   Openings may be equipped with screens, louvers, or other covering or devices; provided, that they permit the automatic entry and exit of floodwaters.

   G.   Nonresidential Construction: New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated a minimum of one foot (1') above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

      1.   Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water.

      2.   Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

      3.   Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans.

      4.   Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection F of this section.

      5.   Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot (1') below the floodproofed level (e.g., a building constructed to the base flood level will be rated as 1 foot below that level).

   H.   Manufactured Dwellings: For manufactured dwellings to be placed or substantially improved on sites:

      1.   The ground area reserved for the placement of a manufactured dwelling shall be a minimum of twelve inches (12") above BFE unless the foundation walls are designed to automatically equalize hydrostatic forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must be either certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

         a.   A minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;

         b.   The bottom of all openings shall be no higher than one foot (1') above grade; and

         c.   Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters;

      2.   The bottom of the longitude chassis frame beam in A zones, and the bottom of the lowest horizontal structural member supporting the dwelling in V zones shall be a minimum of twelve inches (12") above BFE;

      3.   The manufactured dwelling shall be anchored to prevent flotation, collapse and lateral movement during the base flood. Anchoring methods may include, but are not limited to, use of over the top or frame ties to ground anchors (reference FEMA's "Manufactured Dwelling Installation In Flood Hazard Areas" guidebook for additional techniques); and

      4.   Electrical crossover connections shall be a minimum of twelve inches (12") above BFE.

   I.   Recreational Vehicles: Recreational vehicles placed on sites are required to either:

      1.   Be on the site for fewer than one hundred eighty (180) consecutive days;

      2.   Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

      3.   Meet the requirements of subsection H of this section and the elevation and anchoring requirements for manufactured dwellings.

   J.   Building Setbacks: Within the flood hazard zone, a twenty five foot (25') building setback from the ordinary high water line of all rivers and streams shall be maintained. Within this building setback, riparian vegetation shall be maintained to the maximum extent feasible. The intent of this provision is the stabilization of the river and stream banks by maintaining the existing vegetation. Requests for a variance to this standard must be accompanied with a plan to mitigate the adverse impacts of construction on this sensitive vegetation. This plan may include the replanting of the area with vegetation such as willows or other riparian vegetation to restore the area after construction is finished.

   K.   Before Regulatory Floodway: In areas where a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot (1') at any point within the community. (Ord. 664, 11-3-2010)

Located within areas of special flood hazard are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

   A.   Encroachments, including fill, new construction, substantial improvements and other development are prohibited, unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

   B.   If subsection A of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this article. (Ord. 664, 11-3-2010)

Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood depths in these zones range from one to three feet (3') where a clearly defined channel does not exist, or where the path of flooding is usually characterized as sheet flow. In these areas, the following provisions apply:

   A.   Residential Structures: New construction and substantial improvements of residential structures within AO zones shall have the highest adjacent grade of the building site, to or above the depth number specified on the FIRM (at least 2 feet if no depth number is specified).

   B.   Nonresidential Structures: New construction and substantial improvements of nonresidential structures within AO zones shall either:

      1.   Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, to or above the depth number specified on the FIRM (at least 2 feet if no depth number is specified); or

      2.   Together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as in subsection 9-9B-9G3 of this article.

   C.   Drainage Paths: Adequate drainage paths shall be required around structures on slopes to guide floodwaters around and away from proposed structures. (Ord. 664, 11-3-2010)

Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA) (100-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet (3') above BFE or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. (Ord. 664, 11-3-2010)

   A.   General: The wetland and riparian corridor overlay zone implements the Clatskanie comprehensive plan and is intended to resolve conflicts between development and conservation of significant wetlands, streams, and riparian corridors identified in the "City Of Clatskanie's (City) Local Wetland Inventory And Riparian Assessment (LWI)". Specifically, it is the intent of this article to allow reasonable economic use of property while establishing clear and objective standards to: maintain and enhance water quality; maximize flood storage capacity; preserve native plant cover; minimize stream bank erosion; maintain and enhance fish and wildlife habitats; and conserve scenic, recreational, and educational values of water resource areas.

   B.   Safe Harbor: It is the intent of the WRC overlay zone to meet the requirements of statewide planning goal 5 (natural resources) and the safe harbor provisions of the goal 5 administrative rule (Oregon Administrative Rules 660, division 23). These provisions generally require that significant wetlands and riparian corridors be mapped and protected. (Ord. 601, 5-3-2000)

For the purpose of this article, the following words and terms shall have the meanings ascribed to them in this section:

FILL: The total of deposits of sand, sediment, or other organic material by artificial means at one location in any wetland or water area.

RIPARIAN AREA: The area adjacent to a river, lake, or stream, consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem.

RIPARIAN CORRIDOR: The goal 5 resource that includes the water areas, fish habitat, adjacent riparian areas, and wetlands within the riparian corridor boundary.

STREAM: A channel, such as a river or creek that carries flowing surface water, including perennial streams and intermittent streams with defined channels, and excluding human made irrigation and drainage channels.

TOP OF BANK: A clearly recognizable sharp break in the stream bank. It has the same meaning as "bankfull stage" as defined in Oregon Administrative Rules 141-85-010(2). It is the stage or elevation at which water overflows the natural banks of streams and begins to inundate the upland. In the absence of physical evidence, the two (2) year recurrence interval flood elevation may be used to approximate the bankfull stage.

WATER AREA: The area between the banks of a lake, pond, river, perennial or fish bearing intermittent stream, excluding human- made farm or logging ponds.

WATER DEPENDENT USE: A use or activity that can be carried out only on, in, or adjacent to water areas because the use requires access to the water body for water borne transportation, recreation, energy production, or source of water.

WATER RELATED USE: A use that is not directly dependent upon access to a water body, but that provides goods or services that are directly associated with water dependent land or waterway use, and that, if not located adjacent to water, would result in a public loss of quality in the goods or services offered. Except as necessary for water dependent or water related uses or facilities, residences, parking lots, spoils and dump sites, streets, restaurants, businesses, and factories are not generally considered dependent upon or related to water location needs. (Ord. 601, 5-3-2000)

   A.   Permits And Applications: A development permit shall be obtained before construction or development begins in an area or on a parcel within the WRC overlay zone. The permit shall be required for all structures and all development, including fill and other activities, except that no permit shall be required for permitted vegetation management. An application for a use identified in this article shall not be deemed complete until the application has addressed all appropriate and applicable development standards in writing. For construction or development in significant riparian corridors, the permit application shall include an erosion control plan that identifies the specific measures to be implemented during and after construction to protect the riparian area and adjacent upland areas from erosion, siltation, and the effects of deleterious construction materials.

   B.   Agency Approval: Any development proposal for a parcel within the WRC overlay zone, in addition to meeting the standards of this article, may also need to be approved by the U.S. army corps of engineers (COE) and/or the Oregon division of state lands (DSL), and any other federal, state, or local governmental agencies from which prior approval is required. (Ord. 601, 5-3-2000)

   A.   Resources Covered: The regulations of this article shall apply to the following significant wetlands and riparian corridors identified in the LWI, including: wetlands - CR02, CR03, CR04, CR05, CR06, CR08, CR09, CR10, CR11, CR12, CR13, CR14, and CR18; and riparian corridors - CRO1 Clatskanie River, CR05 Conyers Creek, CR15 Fall Creek and CR16 Beaver Dredge Cut. The maps depicting the WRC overlay zone boundaries shall be maintained and updated as necessary by the city. When a wetland or stream not inventoried in the LWI is identified, it shall become subject to the requirements of this article only after an inventory and analysis meeting the appropriate requirements of goal 5 has been completed and an ordinance has been adopted adding the wetland or stream to the list of significant wetlands and riparian corridors subject to the protection regulations of this article.

   B.   Authority: If a conflict occurs between the WRC overlay zone and the underlying zone, the more restrictive provisions and standards of the WRC shall apply. (Ord. 601, 5-3-2000)

   A.   Significant Wetlands. The WRC overlay zone includes significant wetlands identified in section 9-9C-4 of this article, and an associated wetland buffer of twenty five feet (25') measured from, and including, the upland edge of each significant wetland. Site specific delineations may be necessary to determine the exact location of the boundary of the significant wetland. Site specific delineation shall be performed by qualified individuals using a method acceptable to the COE and DSL. Where wetland delineation is prepared, the mapping it contains shall replace that of the LWI.

   B.   Significant Riparian Corridors: The WRC overlay zone includes the significant riparian corridors identified in section 9-9C-4 of this article. A significant riparian corridor shall consist of the water area and banks of the riparian area, and a fifty foot (50') wide setback on both sides measured upland from the top of each bank. Where a significant riparian corridor includes all or portions of a significant wetland, the width is measured from, and includes, the upland edge of the wetland. (Ord. 601, 5-3-2000; amd. 2004 Code)

   A.   Significant Wetlands: The following uses and activities shall be permitted outright in significant wetlands within the WRC overlay zone, in conformance with the standards of this article, and if permitted outright in the base zone:

Vegetation management, limited to perimeter mowing of existing cultivated lawns and pruning or removal of vegetation necessary for hazard prevention.

   B.   Significant Wetland Buffers And Riparian Corridors: The following uses and activities shall be permitted outright in significant wetland buffers and riparian corridors within the WRC overlay zone, subject to the issuance of a development permit and in conformance with the standards of this article, and if permitted outright in the base zone:

      1.   Transportation facilities and structures not exceeding sixteen feet (16') in width and requiring less than fifty (50) cubic yards of fill, including: roads and driveways, bridges, bridge crossing support structures, culverts, and pedestrian and bike paths.

      2.   Low impact, passive, water dependent recreational, educational, or scientific facilities including, but not limited to: viewing shelters, floating docks, water accesses, picnic tables, nature trails, and interpretive signs, or similar types of uses. Platforms, docks, trails, and other construction shall be no greater than ten feet (10') in width.

      3.   Installation, repair, replacement, or maintenance of underground or aboveground utilities where the affected area is no greater than ten feet (10') in width.

      4.   Vegetation management, limited to perimeter mowing of existing cultivated lawns and pruning or removal of vegetation necessary for hazard prevention. A permit shall not be required for these vegetation management activities.

      5.   Replacement of existing structures or development with structures or development in the same location that does not disturb additional buffer or riparian areas.

      6.   Irrigation pumps (riparian corridors only). (Ord. 601, 5-3-2000)

   A.   Significant Wetlands: The following uses and activities may be permitted in significant wetlands within the WRC overlay zone, subject to the issuance of a development permit and in conformance with the standards of this article, and if permitted outright or conditionally in the base zone:

      1.   Transportation facilities and structures, including: roads and driveways, bridges, bridge crossing support structures, culverts, and pedestrian and bike paths.

      2.   Installation, repair, replacement, or maintenance of underground or aboveground utilities.

      3.   Vegetation management other than perimeter mowing of existing cultivated lawns and pruning or removal of vegetation necessary for hazard prevention.

      4.   Wetland enhancement, including, but not limited to, removal of non-native vegetation and replacement with native plant species, and compensatory mitigation.

   B.   Significant Wetland Buffer And Riparian Corridors: The following uses and activities may be permitted in wetland buffers and riparian corridors within the WRC overlay zone, subject to the issuance of a development permit and in conformance with the standards of this article, and if permitted outright or conditionally in the base zone:

      1.   Transportation facilities and structures exceeding sixteen feet (16') in width and requiring more than fifty (50) cubic yards of fill, including: roads and driveways, bridges, bridge crossing support structures, culverts, and pedestrian and bike paths.

      2.   Installation, repair, replacement, or maintenance of underground or aboveground utilities where the affected area is greater than ten feet (10') in width.

      3.   Vegetation management other than perimeter mowing of existing cultivated lawns and pruning or removal of vegetation necessary for hazard prevention.

      4.   Excavation or fill greater than fifty (50) cubic yards in conjunction with permitted development.

      5.   Wetland buffer or riparian area enhancement, including, but not limited to, removal of non-native vegetation and replacement with native plant species, and compensatory mitigation.

      6.   Commercial water dependent and water related uses, including facilities greater than ten feet (10') in width.

      7.   Bank protection and stabilization, and flood control.

      8.   Point source storm water discharge and alternative storm water management practices.

      9.   Permanent alteration of a wetland buffer or riparian area by placement of structures or impervious surfaces not otherwise permitted. Such alteration shall be accompanied by enhancement or restoration, or other similar measure, of an equal or larger size area of the wetland buffer or riparian area being altered. The enhancement or restoration shall be located adjacent to the portion of the resource area being altered, and may occur on an adjacent parcel. In no case shall such alterations occupy more than fifty percent (50%) of the width of the wetland buffer or the riparian corridor, measured from the upland edge of the wetland buffer or corridor. (Ord. 601, 5-3-2000)

The following uses and activities shall be prohibited in significant wetlands and buffers and significant riparian corridors within the WRC overlay zone, unless specifically authorized in this article as or in conjunction with a permitted or conditional use:

   A.   Excavation solely for the purpose of removal of gravel, aggregate, sand, minerals, or other inorganic or organic materials.

   B.   Removal of native plant species without replacement or mitigation.

   C.   Placement of new structures or impervious surfaces.

   D.   Grading and placement of fill.

   E.   Application or use of herbicides, soil amendments, or fertilizers.

   F.   Dumping of garbage, lawn or yard debris, or other unauthorized materials.

   G.   Creation of a parcel that would be wholly within the WRC overlay zone or result in an unbuildable parcel, as determined by the city manager. (Ord. 601, 5-3-2000)

The approval authority shall approve, approve with conditions, or deny an application in accordance with the criteria and standards of this article. The approval authority may require conditions necessary to comply with the intent and provisions of this article. (Ord. 601, 5-3-2000)

   A.   General: The following standards shall apply to all uses and activities within the WRC overlay zone. The uses and activities shall also be subject to the standards of the base zone. If a conflict occurs between the standards of the WRC overlay zone and the underlying zone, the more restrictive standards of the WRC shall apply. Development may also be subject to specific standards in subsequent sections of this article.

   B.   Review Of Uses: Standards for review of all uses within the WRC overlay include the following:

      1.   Within fifty feet (50') of any protected water resources, excavation and vegetation removal shall be prohibited on slopes of twenty five percent (25%) or greater in slide hazard areas, except where necessary to construct public facilities or to ensure slope stability.

      2.   For significant riparian corridors, construction and maintenance shall be conducted during times approved by the Oregon department of fish and wildlife ODFW for fish bearing waterways.

      3.   Fill, when permitted, shall be subjected to the following standards:

         a.   All fill material shall be clean and free of contaminates.

         b.   Fills shall be designed in a manner that does not worsen flooding on adjacent or nearby flood prone lands, and avoids restricting the flow of water to or through protected resources.

         c.   Fill side slopes shall be revegetated with native plant species to stabilize the slopes.

   C.   Review Of Conditional Uses: Standards for review of all conditional uses within the WRC overlay zone include the following:

      1.   Uses and activities in significant wetlands and buffers and significant riparian corridors may be approved only after the applicant demonstrates that the following alternative actions have been addressed:

         a.   Avoiding the impact altogether by not taking a certain action or parts of an action (this would include, for example, having the use or activity occur entirely on uplands).

         b.   Fill side slopes shall be revegetated with native plant species to stabilize the slopes.

      2.   Where a use or activity can be located in either the protected resource (significant wetland/riparian corridor) or its associated buffer, preference shall be given to the location of the use or activity in the buffer. (Ord. 601, 5-3-2000)

   A.   General: The following standards shall apply to transportation facilities and structures within the WRC overlay, including roads and driveways, bridges, bridge crossing support structures, culverts, and pedestrian and bike paths.

   B.   Review Of Conditional Uses: Standards for review of conditional uses include the following:

      1.   Protected resources shall be crossed only where there are no practicable alternatives.

      2.   Transportation facilities and structures crossing protected resources and associated buffers shall be no wider than necessary to serve their intended purposes.

      3.   For significant wetlands and buffers, new roads, driveways and pedestrian and bike paths may be placed on piling or on fill in a manner that allows the free flow of water beneath the structure. Pile supported construction is preferred over fill. Water circulation shall be facilitated through the use of culverts or bridges. (Ord. 601, 5-3-2000)

   A.   General: The following standards shall apply to permitted crossing, trenching, or boring for the purpose of developing a utility corridor for electric power lines, telephone lines, cable television lines, water lines, wastewater collection lines, and natural gas lines within or crossing parcels in the WRC overlay zone.

   B.   Review Of Utility Uses: Standards for review of all utility uses include the following:

      1.   Utility maintenance roads in or crossing protected resources shall meet applicable standards for transportation facilities and structures in protected resources.

      2.   For underground utilities, the following additional standards shall apply:

         a.   Common trenches, to the extent allowed by the building code, shall be required in order to minimize disturbance of the protected resource.

         b.   Boring under the waterway, directional drilling, or aerial crossing are preferable to trenching. If trenching is the only alternative, it shall be conducted in a dry or dewatered area with stream flow diverted around the construction area to prevent turbidity.

         c.   Materials removed or excavated during trenching, boring, or drilling shall be deposited away from the protected resource, and either returned to the trench as backfill, or if other material is to be used as backfill in the trench, excessive materials shall be immediately removed from the protected resource and its associated buffer. Side casting of removed material into a protected resource shall not be permitted.

         d.   The ground elevation of a protected resource shall not be altered as a result of utility trench construction or maintenance. Finish elevation shall be the same as starting elevation.

         e.   Topsoil and sod shall be conserved during trench construction or maintenance, and replaced on top of the trench.

   C.   Review Of Conditional Uses: Standards for review of conditional uses include the following:

Utility corridor routes shall be selected to minimize vegetation removal. (Ord. 601, 5-3-2000)

   A.   General: The standards set out in subsection B of this section shall apply to vegetation in significant wetlands and buffers and significant riparian corridors.

   B.   Review Of Conditional Uses: Standards for review of conditional uses include the following:

      1.   Vegetation removal, pruning, or mowing in a significant wetland or riparian corridor shall be the minimum necessary and in no case shall substantially impair any wetland functions and values associated with the stream. Vegetation removal, pruning, or mowing in the wetland buffer shall be the minimum necessary. Removal, pruning, or mowing of vegetation shall be permitted if the applicant demonstrates one of the following:

         a.   The action is necessary for the placement of a structure or other allowed use for which a building permit has been issued;

         b.   The action is necessary for maintenance of an existing structure or transportation facility;

         c.   The action is necessary for correction or prevention of a hazardous situation;

         d.   The action is necessary for completion of a land survey;

         e.   The action involves the maintenance of an existing landscape area;

         f.   The action is part of an approved restoration, enhancement, mitigation, or erosion control plan, including, but not limited to, invasive or noxious species removal and replacement with native species, and wetland or riparian area restoration, mitigation, or enhancement;

         g.   The action is part of a landscape plan approved by the city, and any other appropriate agencies, in conjunction with a building permit that minimizes adverse impacts on protected resources; or

         h.   In the case of a significant riparian corridor only, the action is necessary for the maintenance of a stream's water carrying capacity.

      2.   Planting of new vegetation within a significant wetland and buffer or riparian corridor shall be permitted in accordance with the following standards:

         a.   The planning is part of a landscape plan using appropriate native plant species, and the plan is approved by the city in conjunction with approval of a building permit; or

         b.   The planting is part of a landscape plan using appropriate native plant species, and the plan is approved by the city in conjunction with approval of a building permit; or

         c.   The planting is to replace dead or damaged plants that were either part of a maintained landscape or part of the existing native plant community. (Ord. 601, 5-3-2000)

   A.   General: The standards set out in subsection B of this section shall apply to structural bank stabilization in a protected riparian corridor.

   B.   Review Of Conditional Uses: Standards for review of conditional uses include the following:

      1.   Projects for bank stabilization shall meet the following priorities, in order:

         a.   Maintain existing riparian vegetation;

         b.   Where existing vegetation must be removed, plant native riparian vegetation; and

         c.   Where structural stabilization, such as riprap, is proposed, evidence shall be provided by the applicant that a higher priority method of erosion control will not work.

      2.   Placement of structural bank stabilization material shall be permitted only if the following is demonstrated:

         a.   There is critical need to protect an existing structure from an erosion hazard;

         b.   Impacts on adjacent downstream property are minimized;

         c.   Visual impacts are minimized; and

         d.   Existing riparian vegetation is preserved as much as possible. (Ord. 601, 5-3-2000)

   A.   General: Projects involving removal or fill in a significant wetland or significant riparian corridor may require issuance of a removal or fill permit by the DSL or COE, as appropriate. The DSL or COE often require compensatory mitigation as part of their issuance of a fill permit. The following standards shall apply to all wetland and riparian area enhancement and mitigation in significant wetlands or significant riparian corridors.

   B.   Review Of Conditional Uses: Standards for review of conditional uses include the following:

      1.   An enhancement or mitigation plan shall be submitted before an enhancement or mitigation project can proceed. The project must follow the approved plan, which shall include the following in addition to any requirements of the DSL or the COE, if applicable:

         a.   A written description of the proposal, including a graphic planting plan and numbers and species of plants;

         b.   Identification of a goal or goals for the project; and

         c.   A description of the evaluation techniques to be used to measure progress toward the project goal.

      2.   All components of the enhancement or mitigation plan must comply with applicable standards of this article.

      3.   Any excavation related to enhancement or mitigation shall be subject to the following standards:

         a.   No more material than necessary and specified in the plan shall be excavated; and

         b.   Side casting for disposal of excavated material is not permitted. However, excavated material may be placed in a significant wetland or buffer area for enhancement purposes, as specified in the enhancement or mitigation plan. (Ord. 601, 5-3-2000)

   A.   General: Variances to the use provisions of this article are not permitted. Variances from measurable (dimensional) provisions of this article shall be discouraged and may be considered only as a last resort. The planning commission shall hear and decide variances from dimensional provisions of this article in accordance with section 9-14-1 of this title.

   B.   Hardship Variances: In addition to the general variance criteria described in section 9-14-1 of this title, the planning commission may grant a variance to any dimensional provision of this article only when the applicant has shown that all of the following conditions exist:

      1.   The variance is necessary to allow reasonable economic use of the subject parcel of land, which is owned by the applicant, and which was not created after the effective date of this article.

      2.   Strict application of the provisions of this article would otherwise result in the loss of a buildable site for a use that is permitted outright in the underlying zoning district, and for which the applicant has submitted a formal application.

      3.   The applicant has exhausted all options available under this article to relieve the hardship.

      4.   The variance is the minimum necessary to afford relief, considering the potential for increased flood and erosion hazard, and potential adverse impacts on native vegetation, fish and wildlife habitat, and water quality.

      5.   No significant adverse impacts on water quality, erosion, or slope stability will result from approval of this hardship variance, or these impacts have been mitigated to the greatest extent possible.

      6.   Loss of vegetation cover shall be minimized. Any lost vegetation cover shall be replaced on the site, on a one to one basis, by native vegetation.

   C.   Mapping Error Variances: In addition to the general variance criteria described in section 9-14-1 of this title, the planning commission may grant a variance to any dimensional provision of this article when the applicant has shown that the following conditions exists:

A mapping error has occurred and has been verified by the DSL. (Ord. 601, 5-3-2000)

Any owner of property affected by the WRC overlay zone may apply for a quasi-judicial comprehensive plan amendment. This amendment must be based on a specific development proposal. The effect of the amendment would be to remove the WRC overlay zone from the property. The applicant shall use either of the following methods to demonstrate that such an amendment is justified:

   A.   ESEE Analysis: The applicant may prepare an "Environmental, Social, Economic, And Energy (ESEE)" consequences analysis in accordance with Oregon administrative rules 660-23-040.

      1.   The analysis shall consider the ESEE consequences of allowing the proposed conflicting use, considering impacts on the specific resource site in comparison with other comparable sites within the Clatskanie planning area

      2.   The ESEE analysis must demonstrate to the satisfaction of the city council that the adverse economic consequences of not allowing the conflicting use are sufficient to justify the loss, or partial loss, of the resource.

      3.   In particular, the ESEE analysis must demonstrate why the use cannot be located on buildable land consistent with the provisions of this article, and that there are no other sites within the Clatskanie planning area that can meet the specific needs of the proposed use.

      4.   The ESEE analysis shall be prepared by a team of professionals, such as a wildlife biologist or wetlands ecologist and a land use planner or land use attorney, all of whom are qualified in their respective fields and experienced in the preparation of goal 5 ESEE analysis.

      5.   If the application is approved, the ESEE analysis shall be incorporated by reference into the Clatskanie comprehensive plan, and the "City Of Clatskanie Wetland And Riparian Inventory Section Maps" shall be amended to remove the site from the inventory.

   B.   Determination Of "Insignificance": In this case, the applicant must demonstrate that the protected resource site(s) no longer meet(s) the applicable significance threshold defined by the goal 5 administrative rule relative to other comparable resources within the Clatskanie planning area.

      1.   Significance thresholds are described and applied in the LWI and adopted by reference as part of this article.

      2.   In considering this claim, the city council shall determine that the decline in identified resource values did not result from a violation of this article or any other provision of the Clatskanie development code. (Ord. 601, 5-3-2000)

   A.   Purpose: The downtown design overlay (C-1-D) zone supports mixed use, pedestrian oriented development in the downtown, consistent with Clatskanie's historic character and riverfront setting.

   B.   Intent: The C-1-D standards are intended to implement the vision for the downtown consistent with the following values and objectives:

      1.   Retain Clatskanie's compact, walkable downtown as its main working, shopping, and entertainment district.

      2.   Design historically appropriate buildings with a close, intimate human scale; building standards are intended to respect the architectural language of the 1900s through 1930s period of Clatskanie's development, while allowing for new interpretations of historic styles.

      3.   Use contextually appropriate materials, textures and colors.

      4.   Provide for designs that address four (4) sides of every building.

      5.   Orient any off street parking away from Nehalem Street and Highway 30 in shared parking areas.

      6.   Encourage riverfront development and public access to the Clatskanie River.

      7.   Encourage vibrant civic spaces (e.g., plazas, public art, cafe seating areas, river access, etc.) that create intrigue, while adding value to downtown properties.

      8.   Break down large building masses and maintain a storefront character.

      9.   Balance rhythm and continuity; encourage creativity in the design of building elevations, rooflines, and facade elements.

      10.   Treat corner lots as focal points (e.g., public art, seating, etc.).

      11.   Provide weather protection with awnings and canopies over the sidewalk. (Ord. 651, 12-12-2007)

   A.   Application To C-1 Zone: The C-1-D overlay supplements the standards contained in the base C-1 zone by refining the permissible uses, densities, and design standards for properties that are located in the downtown core and in the vicinity of Nehalem Street between south 2nd Street and north 5th Street, as designated on the city of Clatskanie zoning map.

   B.   Guidelines Versus Standards: The city of Clatskanie distinguishes between standards and guidelines. The word "shall" or "must" typically indicates a standard, required element or specification. Guidelines are supplementary to standards. Guidelines are not mandatory, but not ignorable either. The words "should", "preferred" and "recommend" typically indicate guidelines, which may allow different options for meeting a particular standard or required element. Standards may also specify things that are "prohibited" or "not permitted". Any standard contained in this chapter may be modified or adjusted by the planning commission through site plan review (section 9-3-7 of this title) upon the commission finding that the applicant's proposed design equally or better meets the intent of the standard to be modified, and such change is consistent with the purpose in section 9-9D-1 of this article.

   C.   Use Of Graphics: The graphics contained in this article are to be interpreted as examples of elements, styles, and design treatments fulfilling the C-1-D standards. Unless a graphic provides a specific dimensional standard or uses the word "shall", it is intended to be used as a guideline, consistent with subsection B of this section.

   D.   Existing Versus New Uses Or Development: Existing uses and developments are not required to conform to the C-1-D standards until new development or redevelopment is proposed, as follows:

      1.   Conformance to the design standards and guidelines in sections 9-9D-5-1 through 9-9D-5-10 of this article is required for projects involving an exterior building remodel or physical change to any sign, in which case an application for site plan review is required under section 9-3-7 of this title.

      2.   The design guidelines and standards in sections 9-9D-5-1 through 9-9D-5-10 of this article are applied through site plan review as follows:

         a.   New building: All of the overlay zone standards apply.

         b.   Building addition or redevelopment that increases the floor area of building(s) by fifty percent (50%) or more, or development equaling fifty percent (50%) or more of the value of existing improvements on the site according to the Columbia County assessor's office (whichever is less): All of the overlay zone standards apply.

         c.   Building addition, redevelopment, or exterior remodel requiring a building permit, but not meeting the thresholds under subsection D2a or D2b of this section: Standards apply to that portion of the building(s) and/or site that is subject to exterior modification(s).

         d.   Project not requiring a building permit but changing an exterior element (building, sign, parking, landscaping, circulation, etc.) with regard to color, materials, and/or finishes: Sections 9-9D-5-1 through 9-9D-5-10 of this article apply to that portion of the building or site that is subject to exterior modification(s).

   E.   Adjustments And Modifications To The Standards: The standards contained in this document may be adjusted or modified by the planning commission without the need for a variance upon finding that the purpose the standard can be better met through the applicant's proposed (alternative) design solution. Where the language suggests more than one way to meet a particular standard, the applicant is encouraged to be creative and propose the most appropriate design solution given the site's context and the purpose of the code. Where the applicant proposes an alternate design that is not clearly supported by the standards, the review body will refer to the above purpose and the guidelines of the applicable sections below. These "guidelines" will serve as the approval criteria for such requests. (Ord. 651, 12-12-2007)

   A.   Permitted Uses: The land uses that are permitted outright or conditionally in the C-1 zone are also permitted outright or conditionally, as applicable, in the C-1-D zone, except those uses listed in section 9-9D-4 of this article, are not allowed.

   B.   Exceptions: Residential uses are allowed provided they are located above a permitted ground floor commercial space.

   C.   Drive-Up/Drive-Through Facilities: Drive-up/drive-through facilities that were lawfully established prior to the adoption of the ordinance codified herein may continue as long as there is no change in use; when there is a change in use requiring site plan review, the drive-up/drive-through facility shall either be removed or made to be more compatible with the pedestrian environment, for example, through enhanced sidewalks or walkways with contrasting pavers or bollards at crosswalks.

   D.   Conditional Uses: Except as modified by this article, land uses that are allowed with a conditional use permit in C-1 are allowed with a conditional use permit in C-1-D. (Ord. 651, 12-12-2007)

   A.   Automobile service, lumber sales, sign painting, storage, and similar commercial and commercial industrial type uses are not permitted.

   B.   Drive-up/drive-through facilities are not permitted, except those lawfully established prior to the adoption of the ordinance codified herein may continue in accordance with subsection 9-9D-3C of this article. (Ord. 651, 12-12-2007)

New development and redevelopment projects should reinforce the historic town grid and support an attractive, comfortable, and economically successful downtown. By maintaining the integrity of the town's historic urban form, land is used efficiently, traffic is distributed evenly, and new development contributes to a cohesive, pedestrian friendly downtown. The following standards apply:

   A.   Setbacks: There are no required setbacks in the C-1-D overlay, except as otherwise required under applicable building codes.

   B.   Buildings Placed At Sidewalk Edge: Buildings shall be placed at the sidewalk line, except that increased setbacks are permitted for recessed building entrances, civic spaces (e.g., plazas) and extra wide sidewalks (e.g., outdoor cafes). (Ord. 651, 12-12-2007)

   A.   New Curb Openings At North Nehalem Street Not Permitted: In order to maintain storefront character and pedestrian orientation in downtown, new curb openings or driveway openings onto Nehalem Street north of Highway 30 are not permitted.

   B.   Sidewalk Improvements: Where a sidewalk is less than six feet (6') wide, is discontinuous, is in disrepair, or is substandard in its construction, the city may require sidewalk improvements as a condition of development approval.

   C.   Corner Lot Development: Where a corner lot is subject to development or redevelopment under subsection 9-9D-2D2a or D2b of this article, the sidewalk shall be extended to create a paved plaza (bulb out) not less than twelve feet (12') deep, except where city standards require a larger vehicle turning radius. Plaza design and materials shall be subject to site plan review.

Top: Typical street section for Nehalem Street (bulb outs at street intersections and at midblock pedestrian crossings; Lower right: Typical plaza with landscaping, light standard (e.g., with hanging baskets and/or banner brackets) required at street corners.

(Ord. 651, 12-12-2007)

   A.   Off Street Parking Exemption: Uses in the C-1-D zone north of Highway 30 are not required to provide off street parking due to the area's proximity to public parking at city park and available on street parking.

   B.   Parking Lot Location: Parking shall not be placed between any building's primary entrance and a public street. Parking shall be located behind or beside buildings and not be accessed directly from north of South Nehalem Street or Highway 30, unless no other access alternative exists.

   C.   Parking Buffers Adjacent To Streets: Where parking is located adjacent to any street other than an alley, it shall be set back at least six feet (6') from sidewalk edge or right of way edge, whichever is closer, and buffered with a landscape strip. The buffer may be reduced to four feet (4') where a stone or brick masonry wall, or wrought iron fence, is provided between the buffer and parking area, the design of which shall be consistent with the building design standards in section 9-9D-5-5 of this article. Landscaping required under these provisions shall conform to section 9-9D-5-7 of this article. (Ord. 651, 12-12-2007)

   A.   Primary Entrance: Every building shall have at least one primary entrance opening directly onto a public sidewalk, civic space, or other walkway approved through site plan review.

   B.   Weather Protection: In order to maintain storefront character and pedestrian orientation downtown, all buildings shall provide sidewalk and pedestrian protection (e.g., canopies or awnings) across at least thirty percent (30%) of their street frontage. Such canopies or awnings shall have a minimum depth of four feet (4'). Property owners are responsible for maintaining in good condition all awnings and weather protecting features (i.e., appearance and function). See also section 9-9D-5-5 of this article. (Ord. 651, 12-12-2007)

   A.   Design Four Sides: All four (4) sides of every building shall be designed to create an overall composition conforming to the guidelines and standards of this section.

   B.   Clatskanie's Historic Character: New buildings may not mimic other existing buildings in their design, but should instead provide a new interpretation of Clatskanie's historic character, consistent with the architectural styles prevalent from the 1900s to the 1930s. Consistent with this standard, all building stories shall conform to the following criteria:

      1.   All buildings shall contain a base, middle, and top, as follows:

         a.   The base shall be defined, for example, by a kick plate, wainscoting, or similar detail extending at least twenty four inches (24") above grade (sidewalk); storefront windows shall not extend below that level.

         b.   The middle of a ground floor shall be defined by storefront windows and awnings, canopies, or similar weather protection features. Such windows shall conform to this section. In a multi-story building, a belt course or similar continuous detail shall define the break between stories.

         c.   The building top shall be defined by a cornice or parapet incorporating materials and proportions that are consistent with the overall composition of the building. Cornices and parapets must wrap around all four (4) sides of the building, consistent with subsection A of this section.

      2.   Roof elevations shall be articulated consistent with the historical pattern and rhythm of buildings developed in the 1900s through 1930s. Acceptable roof forms include flat roofs with stepped parapets or cornices, shed roofs and front facing gables incorporating a parapet wall, gambrel and cross gable roofs, turrets or towers. Mansard, flat roofs without stepped parapets or cornices, gable dominant fronts, and other historically inappropriate forms are not permitted.

      3.   There shall be no blank walls. Building elevations facing a street or civic space shall contain transparent windows and/or doors over at least fifty percent (50%) of such ground floor elevations (surface area), and over at least thirty percent (30%) of all upper stories facing a street or civic space. Except as required by applicable building codes, windows are not required on elevations that do not face a street or civic space; nor are they required on common walls or those that have a zero setback abutting another property that may develop with a zero setback, creating a common wall in the future. Elevations not containing windows, as specified above, shall have detailing and changes in materials and texture distinguishing between the building's base, middle and top and providing visual relief consistent with the overall composition of the building design ("4 sides" designed).

Example of a contemporary interpretation of historic building forms and rhythms with articulated facade and roof elevation. Note: Building has a base, middle and top. (Source: Clatskanie Downtown Resource Team Report)

      4.   Ground floor windows, when sized differently than upper story windows, shall be larger than upper story windows. Window shapes and sizes should be consistent in rhythm and orientation within each elevation. This does not mean that all windows must be the same shape and size; when windows vary in size or shape, the dimensions should be similar from one window to another, and have the effect of creating a rhythm across the building, and from one building to another.

      5.   Parapets, when used, shall vary in height and character from building to building to reinforce the storefront character and pedestrian scale downtown. New buildings that are taller than existing adjacent buildings should have parapets that step down, or otherwise respond to the rhythm of the other existing structures. Cornices from one building to another should align or be offset by not less than a half story or five feet (5') to differentiate between buildings. When used, false fronts (e.g., wood panel or board and batten siding) should be compatible with the overall composition of the building (e.g., old western style) and not cover historic facades. False fronts that do not conform to a style found in Clatskanie's historical developments are not permitted.

      6.   Exterior building wall materials should be predominately brick, masonry, stone, wood (lap, shingle or panel siding), or precast stone block or veneer. Outside trim, signs, lighting, detailing and other exterior elements may incorporate brick, masonry, stone, wood, or earth tone metals (e.g., canopies, railings, flashing, ornamentation, wainscoting, signs, and similar elements). Synthetic materials that are similar in appearance and durability to those listed (e.g., cultured stone, concrete composite lumber, etc.) may be approved by the review body on a case by case basis, provided the material is shown to be compatible with the overall composition of the building and it is as durable as other permitted materials. Plastics, vinyl, unfinished concrete block, aggregate finishes, reflective/metallic finishes, and similar materials, textures and finishes are not permitted on surfaces that would be visible from a public right of way, civic space, park, or the Clatskanie River.

      7.   Exterior colors, including buildings, signs, landscape features, street furnishings, etc., shall predominately be warm, earth tone colors. Bright colors are not permitted, except as follows:

         a.   Nonearth tone colors may be approved through site plan review where they are used as accents only; such color may be approved for trim or signage, provided that it is applied over not more than five percent (5%) of a building elevation or sign, and it is not a fluorescent or neon color as described in subsections B7b and B7c of this section.

         b.   Fluorescent (e.g., Day-Glo), glittery, reflective, metallic, and similar colors and finishes are not permitted.

         c.   Neon is allowed for window signage, provided that the sign area does not exceed six (6) square feet "per elevation". Other applications of neon may be approved through site plan review provided the planning commission finds the application of neon to be consistent with one of downtown Clatskanie's recognized historic architectural styles (e.g., art deco). See also section 9-9D-5-8, "Signs", of this article.

      8.   New exterior remodels and painting shall conform to the above criteria. Existing materials, paint colors and finishes that do not conform to the above criteria shall be allowed to phase out over time as amortization occurs.

Examples of acceptable (top) and unacceptable (bottom) building elements in downtown.

(Ord. 651, 12-12-2007)

   A.   Riverfront Development Guidelines: Developments that provide visual or physical access to the Clatskanie River are encouraged.

      1.   Where a property abuts the Clatskanie River it should include visual or physical river access, for example, at public viewing points, promenades, docks or boat landings, where practicable.

      2.   Where physical access is not practicable, views of the water from adjacent rights of way should be maintained or enhanced, where practicable.

      3.   Balconies, decks, outdoor seating areas, and other water enjoyment features are encouraged in new development.

   B.   Riverfront Amenities Incentive: In order to protect and enhance economic vitality and property values in the downtown, and to enhance livability, the review body may approve a building height bonus of ten feet (10'), or may adjust other design standards contained in this article, through site plan review where it finds that a development provides exceptional public access to the Clatskanie River, consistent with subsection A of this section, section 9-9D-5-9, "Civic Spaces", of this article, and other provisions of this article. In addition, the city of Clatskanie may offer urban renewal assistance to facilitate public access to the river 1 .

   C.   Consistency With Other Regulations: Where riverfront development is permitted, it shall conform to applicable floodplain and wetlands requirements. The applicant shall be responsible for obtaining any state or federal permits that may be required. (Ord. 651, 12-12-2007)

   A.   Landscaping: Up to eighty percent (80%) of the required fifteen percent (15%) landscaping in the C-1 zone 1 may be comprised of plaza space. The review body may require the use of pervious, hardscape materials such as pavers set in sand (e.g., plazas) that allow water infiltration. Such areas shall be designed to accommodate expected stormwater runoff. In determining whether to allow hardscape materials as a substitute for plantings, the approval body shall consider the suitability of the area as a civic space under section 9-9D-5-9 of this article.

   B.   Mechanical Equipment And Refuse Storage:

      1.   Building Walls: Mechanical equipment, such as utility vaults, air compressors, generators, antennas, satellite dishes, or similar equipment shall be oriented away from all streets and civic spaces. Where such equipment is installed on a side or rear building elevation and is adjacent to an alley, accessway, or civic space, its appearance shall be minimized using materials and/or colors that are similar to those used on the subject building. Standpipes, meters, vaults, and similar equipment should not be placed on a front elevation when other alternatives exist; such equipment shall be placed low on a side or rear elevation to the extent practicable.

      2.   Rooftops: Rooftop mechanical equipment shall not be visible from the street or any alley, pedestrian accessway, plaza or other civic space. Such units should be painted with muted, earth tone colors that make them visually subordinate to their backgrounds.

      3.   Ground Mounted Mechanical Equipment And/Or Refuse Facilities: Mechanical equipment and refuse storage facilities shall be limited to side or rear yards and screened with fences or walls constructed of materials similar to those on adjacent buildings. Hedges may also be used as screens where there is adequate sunlight and irrigation to ensure their successful growth. (Ord. 651, 12-12-2007)

   A.   Purpose And Intent: The number, size, configuration, placement, color, materials, and illumination of signs all play a part in shaping the built environment. Signs in the downtown north of Nehalem Street should function primarily as tools for pedestrianway finding and business identification. Business identification does not require that owners maximize the size or number of signs. Traffic on Nehalem Street is slow which, together with the building design standards, will enable motorists and pedestrians to notice signs at a relatively small scale. Unique buildings, by themselves, can become icons and serve as signs for the businesses inside them. Billboards and other signs designed to a "highway scale" are not permitted.

   B.   Sign Standards: In addition to the requirements of chapter 12, "Sign Regulations", of this title, the following standards apply:

      1.   Freestanding signs shall not exceed a height of eight feet (8') and are limited to thirty six (36) square feet per sign face.

      2.   Neon signs and neon lighting shall conform to the provisions in section 9-9D-5-5 of this article.

      3.   All nonconforming signs existing as of the adoption of the ordinance codified herein, shall be removed or modified to conform to current standards when there is a change in use or the subject property comes in for site plan review.

   C.   Sign Guidelines: Optimally, very few signs should be necessary to identify a building and businesses within it. Buildings themselves should be unique in their design and serve as icons or signs for the businesses they house. The intent is for new signs to be predominately low profile and pedestrian scale in design; blade signs, canopy and awning signs, and other integrated building signs are encouraged. Building signs should be designed to fit the overall composition of a building's architecture. Note: The planning commission reviews signs requiring a building permit. (Ord. 651, 12-12-2007)

Civic spaces, such as plazas, extra wide sidewalks, outdoor seating areas, pedestrian accessways between buildings, alcoves, and pocket parks, provide visual relief, pedestrian resting areas, and opportunities for socialization. Civic spaces do not have to be publicly owned or maintained. Public or private, they are as important as building design and centralized parking areas to the success of downtown. Therefore, the city encourages the provision of civic space and other public amenities in new developments and redevelopment projects with the following incentives:

   A.   Civic Space Development Incentive: The review body may grant a building height bonus of up to ten feet (10'), or one full story (whichever is greater), or modify other development standards contained in this article, for projects that voluntarily provide civic space(s) equal to or greater than six percent (6%) of the gross site area of the project and/or incorporate river access feature(s), as described in section 9-9D-5-6 of this article. In modifying a development standard under this provision the approval body shall find that the change equally or better meets the purpose of the C-1-D overlay in section 9-9D-1 of this article.

   B.   Other Public Amenities: Projects providing public parking, street furnishings, or other public amenities, as approved by the review body, may receive a height bonus or modification to other development standards contained in this article.

   C.   Conditions Of Approval: Project approvals shall be conditioned to ensure that all civic spaces, including sidewalk and plaza extensions abutting the public right of way, are constructed according to city standards and specifications (e.g., pavers, furnishings, etc.). (Ord. 651, 12-12-2007)

The number, size, design, and placement of lights all contribute to creating a safe and aesthetically pleasing downtown. Unnecessary or excessive lighting can contribute to light pollution and diminish views of the night sky. Lights in the central business district should function primarily as tools for pedestrianway finding and business visibility. Business visibility does not require that owners fully illuminate their building and parking areas. The street plan for downtown includes sidewalk lighting (antique streetlamps) which, together with modest on site lighting in developments, will enable motorists and pedestrians to recognize businesses and safely walk to them.

   A.   Lighting Guidelines: Exterior lights shall be designed to fit their particular location and function. They should be simple in character and similar in color and intensity to those used traditionally.

      1.   Building mounted lights should complement the building background in style; using lights to draw attention to (wash) architectural elements is encouraged, provided that unshielded, high intensity light sources and those that direct light upward without cut offs will not be permitted. (See subsection A2 of this section.) Lights should generally conform to the city's street lighting program.

      2.   Antique style lights are preferred over recessed can lights or institutional style fixtures at building entrances. Contemporary light fixtures that draw on historic elements or provide a new interpretation of a historic style are encouraged.

   B.   Lighting Standards: The following standards apply to exterior lighting:

      1.   Highway style lights (e.g., cobra head, davit pole, and similar styles) are prohibited.

      2.   Light poles and fixtures shall not exceed a height of twenty feet (20') above the nearest grade.

      3.   The visual impacts of site and architectural lighting, such as overspray of light onto adjacent residential properties and lights shining into the night sky, shall be minimized. Unshielded, high intensity light sources and those that direct their light upward are not permitted. Globe lights (i.e., those that are not otherwise shielded inside a fixture) are not permitted.

      4.   Lighting associated with service areas, parking lots and parking structures, as well as streetlights, shall be shielded or provide cut offs to minimize light pollution.

      5.   The review body may require timers or activity switches be installed to prevent unnecessary sources of light by controlling the length of time that exterior lights are in use late at night.

      6.   Lights used to wash a building elevation (including any signs) shall not wash more than seventy five percent (75%) of the facade. Interior lights (e.g., store displays, etc.) are exempt.

      7.   Pedestrianways and entrances that are not otherwise illuminated by building mounted lights or streetlights shall be illuminated to two (2) foot-candles using bollards, step lights, or other low profile fixtures that are appropriate for walkways and plazas and are consistent with the city's street lighting program.

      8.   The use of neon lighting and/or signage shall conform to the provisions in section 9-9D-5-5 of this article. (Ord. 651, 12-12-2007)

   A.   Purpose: The purpose of the highway design commercial overlay (C-1-H) zone is to maintain a unique sense of place and enhance the appearance of Clatskanie adjacent to Highway 30 while supporting a wide range of commercial land uses with improved accessibility, visibility, and circulation for all modes of transportation.

   B.   Intent: C-1-H standards are intended to implement the vision for community gateways. The standards reflect the following values and objectives:

      1.   Continue to develop at a compact, village scale.

      2.   Implement a continuous walkway system with connections to multiuse path(s) along the highway and the river.

      3.   Provide a consistent landscape edge between the highway (roadway) and required sidewalks or pathways, as applicable.

      4.   Design buildings that express a modern interpretation of Clatskanie's architectural heritage (1900s through 1930s) and prohibit formula or chain store designs found along highways in other communities.

      5.   Use contextually appropriate materials, textures and colors.

      6.   Encourage consolidated and shared parking areas oriented away from Highway 30.

      7.   Break down large buildings into smaller masses.

      8.   Balance rhythm and continuity; encourage creativity in the design of building elevations, rooflines, and facade elements.

      9.   Treat corner lots as focal points (e.g., public art, seating, etc.).

      10.   Provide weather protection with awnings and canopies over building entrances. (Ord. 651, 12-12-2007)

   A.   Application To C-1 Zone: The C-1-H overlay supplements the standards contained in the base C-1 zone by refining the permissible uses, densities, and design standards for all properties located within one hundred feet (100') of the Highway 30 right of way. The standards in this article apply to the full extent of all parcels abutting or located within one hundred feet (100') of the highway right of way, except for those properties subject to the C-1-D overlay, as designated on the city of Clatskanie zoning map.

   B.   Guidelines Versus Standards: The city of Clatskanie distinguishes between standards and guidelines. The word "shall" or "must" typically indicates a standard, required element or specification. Guidelines are supplementary to standards. Guidelines are not mandatory, but not ignorable either. The words "should", "preferred" and "recommend" typically indicate guidelines, which may allow different options for meeting a particular standard or required element. Standards may also specify things that are "prohibited" or "not permitted". Any standard contained in this chapter may be modified or adjusted by the planning commission through site plan review (section 9-3-7 of this title) upon the commission finding that the applicant's proposed design equally or better meets the intent of the standard to be modified, and such change is consistent with the purpose in section 9-9E-1 of this article.

   C.   Use Of Graphics: The graphics contained in this article are to be interpreted as examples of elements, styles, and design treatments fulfilling the C-1-H standards. Unless a graphic provides a specific dimensional standard or uses the word "shall", it is intended to be used as a guideline, consistent with subsection B of this section.

   D.   Existing Versus New Uses Or Development: Existing uses and developments are not required to conform to the C-1-H standards until new development or redevelopment is proposed, as follows:

      1.   Conformance to the design standards and guidelines in sections 9-9E-4-1 through 9-9E-4-6 of this article is required for projects involving an exterior building remodel or physical change to any sign, in which case an application for site plan review is required under section 9-3-7 of this title.

      2.   The design guidelines and standards in sections 9-9E-4-1 through 9-9E-4-6 of this article are applied through site plan review as follows:

         a.   New building: All of the overlay zone standards apply.

         b.   Building addition or redevelopment that increases the floor area of building(s) by fifty percent (50%) or more, or development equaling fifty percent (50%) or more of the value of existing improvements on the site according to the Columbia County assessor's office (whichever is less): All of the overlay zone standards apply.

         c.   Building addition, redevelopment, or exterior remodel requiring a building permit, but not meeting the thresholds under subsection D2a or D2b of this section: Standards apply to that portion of the building(s) and/or site that is subject to exterior modification(s).

         d.   Project not requiring a building permit but changing an exterior element (building, sign, parking, landscaping, circulation, etc.) with regard to color, materials, and/or finishes: Sections 9-9E-4-1 through 9-9E-4-7 of this article apply to that portion of the building or site that is subject to exterior modification(s).

   E.   Adjustments And Modifications To The Standards: The standards contained in this document may be adjusted or modified by the planning commission without the need for a variance upon finding that the purpose the standard can be better met through the applicant's proposed (alternative) design solution. Where the language suggests more than one way to meet a particular standard, the applicant is encouraged to be creative and propose the most appropriate design solution given the site's context and the purpose of the code. Where the applicant proposes an alternate design that is not clearly supported by the standards, the review body will refer to the above purpose and the guidelines of the applicable sections below. These "guidelines" will serve as the approval criteria for such requests. (Ord. 651, 12-12-2007)

   A.   Permitted Uses: The land uses that are permitted outright or conditionally in the C-1 zone are also permitted outright or conditionally, as applicable, in the C-1-H zone. In addition, the following uses are permitted:

      1.   Residential use permitted and developed concurrently with a commercial use and located above the ground floor commercial space; or

      2.   Ground floor residential use permitted and developed concurrently with a commercial use, provided the total floor area of all residential structures on the subject site does not exceed fifty percent (50%) of the total floor area approved for the site; or

      3.   Ground floor residential use permitted and developed concurrently with a commercial use, provided the residential development (includes buildings, decks, patios, parking, landscape, trash storage, etc.) does not exceed twenty percent (20%) of the subject parcel.

      4.   For the purpose of this section, "permitted" means approved through site plan review.

   B.   Prohibited Uses: The land uses that are prohibited in the C-1 zone are also prohibited in the C-1-H zone.

   C.   Conditional Uses: The land uses that are allowed with a conditional use permit in C-1 are also allowed with a conditional use permit in C-1-H. (Ord. 651, 12-12-2007)

   A.   Setbacks And Buffer Requirement: The setbacks are the same as for the C-1 base zone, except a landscape buffer of not less than twenty feet (20') shall be installed between Highway 30 and all required sidewalks or pathways, except as provided in subsection B of this section.

   B.   Adjustments To Highway Buffer: The buffer specified in subsection A of this section may be reduced in width through site plan review for uses other than those listed in subsection 9-9E-3C of this article, where the review body finds all of the following criteria are met:

      1.   Existing development or right of way constraints preclude a larger buffer.

      2.   The reduction in buffer width is the minimum necessary to address existing site constraints;

      3.   The constraint or hardship required by the buffer has not been caused by the developer; and

      4.   The development provides additional landscaping located elsewhere on the site that exceeds the minimum required landscaping for the project and mitigates for the reduction in highway buffer landscaping (e.g., additional landscape islands with trees within a surface parking lot).

   C.   Highway Buffer Standards: In addition to the provisions under subsection A of this section, the following requirements apply to highway frontages:

      1.   Individual parcels may receive not more than one driveway access across the buffer, subject to city and ODOT approval.

      2.   The buffer shall contain trees spaced on average not more than thirty feet (30') apart and contain low growing shrubs and ground cover plants. The plantings shall be planned to provide one hundred percent (100%) coverage after two (2) years.

      3.   Trees shall be at least three inch (3") caliper at the time of planting.

      4.   All plant material shall be subject to review and approval through site plan review and may be subject to modification by ODOT for vision clearance requirements.

      5.   New development within the C-1-H gateway areas is required to install a multiuse path not less than ten feet (10') in width, similar to the path located east of the Clatskanie River bridge. The path should conform to the natural topography and meander to provide visual interest. The pathway should afford views of and access to the river wherever practicable and contain benches. Public art should be provided at key locations along the path, such as near the bridge, the viewpoint next to the boat launch, and adjacent to the ball fields at the west end.

      6.   In areas where the C-1-H transitions to the C-1-D, the review body may reduce the buffer width and allow a ten foot (10') wide curbed sidewalk with tree wells. The review body may consider each case individually and apply the standards as appropriate to the situation and to provide compatibility with the C-1-D design standards. (Ord. 651, 12-12-2007)

The C-1-H standards for building entrances, building design, and signs are the same as for the C-1-D overlay. Refer to sections 9-9D-5-5 and 9-9D-5-8 of this chapter. (Ord. 651, 12-12-2007)

   A.   Building Orientation: Buildings shall be oriented to a street, with their primary entrances opening onto a walkway. Where a public street does not exist, buildings shall be oriented to a driveway that is designed to mimic a public street in its appearance and function (e.g., 6 to 8 foot sidewalk, street trees, pedestrian scale lighting, on street parking), as generally shown below.

   B.   Vehicle Access And Parking: New developments shall provide for an interconnected system of streets and/or driveways with a minimal number of direct access points onto Highway 30. Such streets and driveways must form blocks that are walkable in scale and design and distribute vehicular traffic safely and efficiently, consistent with the standards in subsection D of this section. Off street parking, service areas, deliver bays, drive-up windows and kiosks, storage areas, and similar facilities shall be oriented away from pedestrian entrances and street sidewalks and screened. A landscape buffer at least five feet (5') in width shall be required between off street parking areas and adjacent street sidewalks. See also section 9-9E-4-1 of this article.

   C.   Access To Highway 30: Applicants for projects abutting or receiving access from Highway 30 shall demonstrate that all Oregon department of transportation permit requirements have been met, or can be satisfied through conditions of site plan approval.

Formation of blocks, building entrances, and pedestrian connections. Properties fronting onto Highway 30 would also provide a multiuse path and landscape buffer.

   D.   Pedestrian Circulation Through Large Blocks: Where a project site consists of more than four hundred feet (400') of frontage onto Highway 30, a pedestrian accessway (8 foot concrete path within a 20 foot landscaped public access easement) shall be provided at or near the middle of the project's highway frontage, connecting it to the pathway system along the highway. Where no pathway system exists, the developer shall install one that conforms to city standards or propose an alternate public pedestrian accessway serving the site and pedestrian through traffic (e.g., along the Clatskanie River). Where such access easement is also required to provide access for emergency vehicles, a minimum unobstructed clearance of fourteen feet (14') is required.

   E.   Pedestrian Oriented Commercial Development: Shopping center developers often want to orient building pads around large, uninterrupted fields of parking, with high auto trip generating uses, such as restaurants, banks, and gas stations, located at the corners. That type of development pattern creates transportation problems, such as conflicting turning movements and safety hazards for pedestrians, as well as an unsightliness, or "strip commercial" look, along a highway. It also creates pedestrian "dead zones" and discourages linked/crossover trips by pedestrians. Therefore, developments containing more than one building site or pad, including commercial subdivisions containing outlying commercial pads, shall meet the following standards, as generally depicted in the graphics below:

      1.   Blocks Defined By Street: The site shall be configured into blocks having frontage onto streets or shopping streets. Shopping streets are private driveways designed to mimic local streets with on street parking bays (parallel or angled parking), sidewalks, street trees, pedestrian lighting, building entrances placed at or near the shopping street or plaza, and corner building entrances at block corners.

      2.   Maximum Block Length: Blocks shall not exceed four hundred feet (400') in length, and shall have a perimeter that does not exceed one thousand six hundred feet (1,600'), consistent with subsection D of this section.

      3.   Pedestrian Accessway As Alternative To Street Connection: Where new street access onto Highway 30 is not permitted, a pedestrian accessway conforming to the standards in subsection D of this section may count as block edges. Covered pedestrian walkways (e.g., canopies or porticos) are encouraged, but walkways inside buildings are not counted as block edges.

      4.   Access To Highway: Access to Highway 30 is subject to review and permit approval by ODOT.

   F.   Shared Access Easement: Where practicable and to mitigate development impacts or to manage access onto Highway 30, the approval body may require an applicant to record a shared access easement and/or construct a shared driveway connecting to an adjacent property (e.g., where a cross access easement for this purpose already exists or it is feasible to obtain one in the future).

Examples of shopping streets used to meet the block layout standards and the building orientation standards when public street frontage is not available. Note: The above driveways do not have to extend through to Highway 30, provided that a pedestrian connection is made to the required multiuse path.

(Ord. 651, 12-12-2007)

   A.   General Guidelines And Standards: The pedestrian circulation system should provide a direct, convenient, and comfortable means of accessing individual uses and connecting to other parts of the community via sidewalks, pathways, midblock accessways, and area trails, as applicable. To ensure safe, direct, and convenient pedestrian circulation, all developments shall provide a continuous pedestrian system. The pedestrian system shall conform to the following guidelines and standards:

      1.   Continuous Walkway System: The pedestrian system shall extend throughout the development site and connect to adjacent sidewalk(s). The system shall also provide stubs to allow for their continuation through future phases of development, and to existing or planned off site adjacent pedestrianways and civic spaces, to the greatest extent practicable.

      2.   Safe, Direct, And Convenient: Walkways within developments shall provide safe, reasonably direct, and convenient connections between all building entrances and between primary entrances and adjacent sidewalks, consistent with the following criteria:

         a.   Reasonably Direct: A route that does not deviate unnecessarily from a straight line or a route that does not involve a significant amount of out of direction travel for likely users.

         b.   Safe And Convenient: Routes that are reasonably free from hazards and provide a reasonably direct route of travel between destinations. Walkways shall connect all building entrances to one another to the extent practicable.

         c.   On And Off Site Connections: Walkways shall connect all on site parking areas and civic spaces, and shall connect off site adjacent walkways to the site to the extent practicable. Obstacles posed by existing structures may be cause for not making walkway connections.

   B.   Pedestrian Facility Design And Construction: Walkways, including midblock pedestrian accessways, shall conform to all of the following standards:

      1.   Vehicle/Walkway Separation: Except for crosswalks, where a walkway abuts a driveway or street, it shall be raised six inches (6") and curbed along the edge of the driveway/street. Alternatively, the planning commission may approve a walkway abutting a driveway at the same grade as the driveway if the walkway is protected from all vehicle maneuvering areas. An example of such protection is a row of decorative metal or concrete bollards designed to withstand a vehicle's impact, with adequate minimum spacing between them to protect pedestrians.

      2.   Crosswalks: Where a walkway crosses a parking area, driveway, or street ("crosswalk"), it shall be clearly marked with contrasting paving materials (e.g., pavers, brick, or stamped/scored concrete inlay), which may be part of a raised/speed table type of crossing area. Painted or thermoplastic striping and similar types of nonpermanent applications may be approved for crosswalks not exceeding twenty four feet (24') in length.

      3.   Walkway Width And Surface: Walkway and pedestrian accessways shall be at least five feet (5') in width and constructed with stamped or scored concrete, brick/masonry pavers, or other durable surface that contrasts with the driveway paving surface.

      4.   Accessible Routes: Walkways shall conform to applicable Americans with disabilities act (ADA) guidelines and standards. The ends of all raised walkways, where the walkway intersects a driveway or street shall provide ramps that are ADA accessible, and walkways shall provide direct routes to primary building entrances. (Ord. 651, 12-12-2007)

The C-1-H standards for signs are the same as for the C-1-D overlay. Refer to section 9-9D-5-8 of this chapter. (Ord. 651, 12-12-2007)

The C-1-H standards for lighting are the same as for the C-1-D overlay. Refer to section 9-9D-5-10 of this chapter. (Ord. 651, 12-12-2007)

   A.   General Landscaping Requirements: On site landscaping (15 percent of site minimum) is required in conformance with section 9-10-6 of this title. Where a developer installs a twenty foot (20') wide highway buffer area, as required under section 9-9E-4-1 of this article, the review body may allow the highway buffer to count for up to twenty percent (20%) of the required on site landscape area.

   B.   Landscaping Of Off Street Parking Areas: All off street parking areas with more than twenty (20) parking spaces shall be divided into bays of not more than ten (10) continuous parking spaces per bay. Landscape islands or dividers shall have dimensions of not less than four feet (4') and shall contain at least sixty four (64) square feet each. The review body may allow surface retention or detention of stormwater in landscape swales that are engineered to accommodate stormwater.

   C.   Mechanical Equipment And Refuse Storage:

      1.   Building Walls: Mechanical equipment, such as utility vaults, air compressors, generators, antennas, satellite dishes, or similar equipment shall be oriented away from all streets and civic spaces. Where such equipment is installed on a side or rear building elevation and is adjacent to an alley, accessway, or civic space, its appearance shall be minimized using materials and/or colors that are similar to those used on the subject building. Standpipes, meters, vaults, and similar equipment should not be placed on a front elevation when other alternatives exist; such equipment shall be placed low on a side or rear elevation to the extent practicable.

      2.   Rooftops: Rooftop mechanical equipment shall be screened.

      3.   Ground Mounted Mechanical Equipment And/Or Refuse Facilities: Mechanical equipment and refuse storage facilities shall be screened from view of public rights of way with fences or walls constructed of materials similar to those on adjacent buildings. Hedges may also be used as screens where there is adequate sunlight and irrigation to ensure their successful growth. (Ord. 651, 12-12-2007)

   A.   Purpose: The mixed use residential (MU-R) overlay zone promotes transportation efficiency, economic development and housing options through a mix of compatible employment and residential uses located close to downtown Clatskanie.

   B.   Intent: The MU-R overlay is intended to provide greater flexibility in permitting small, neighborhood serving commercial uses adjacent to downtown or on main thoroughfares. The MU-R overlay allows limited commercial uses to locate within a residential zone. The MU-R development standards are intended to maintain compatibility with existing residential uses and with downtown commercial uses. It is not the intent of this article to prohibit residential uses, or to impose requirements that are more restrictive than those contained in the applicable base residential (R-5 or MFR) zoning district. The MU-R overlay does not affect home occupations, which are addressed separately under section 9-13-4 of this title. (Ord. 651, 12-12-2007)

   A.   Application Of MU-R Overlay To Residentially (R) Zoned Properties: The MU-R overlay can only be applied to any property zoned R-5 or MFR, subject to the following procedures and approval criteria:

      1.   The planning commission shall conduct a quasi-judicial public hearing (section 9-3-7 of this title) on the proposed MU-R rezoning, and either approve or deny the request; or in the case of an MU-R overlay application filed jointly with an application for tentative plan review, the commission may approve the MU-R overlay subject to specific conditions (e.g., development agreement).

      2.   A rezoning to MU-R may be approved after the commission considers findings on the criteria listed below and public testimony:

         a.   The MU-R designation is consistent with the above purpose and intent provisions (section 9-9F-1 of this article);

         b.   The MU-R designation promotes a logical transition between residential and commercial zones (i.e., limited commercial activity is appropriate); and

         c.   Allowing limited commercial activity on the subject property will not be detrimental to any abutting single-family use with regard to parking, noise, traffic, or similar concerns; i.e., beyond those that are customary under the base (R-5 or MFR) residential zone.

      3.   Any appeal of a planning commission decision under this section shall be reviewed by city council in a de novo quasi- judicial hearing under section 9-3-7 of this title.

   B.   Existing Versus New Uses Or Development:

      1.   Land uses and developments existing prior to an area being rezoned to MU-R are not required to conform to the MU-R standards.

      2.   New uses in the MU-R zone, including conversions of existing residential uses to commercial or residential commercial use, are required to conform to the MU-R overlay provisions.

   C.   Application Of Zoning Ordinance To MU-R Zone: Except as modified by this chapter, all applicable provisions of the zoning ordinance, including the provisions of the base zone (R-5 or MFR, as applicable), shall continue to apply to properties designated MU-R. (Ord. 651, 12-12-2007)

   A.   Permitted Uses In Residential Zones In MU-R Zone:

      1.   The land uses that are permitted outright or conditionally in the underlying residential (R-5 or MFR) zone, as applicable, are also permitted outright or conditionally in the MU-R overlay, subject to the design standards in section 9-9F-4 of this article.

      2.   The following uses are permitted in the MU-R zone with site plan review (section 9-3-7 of this title) and subject to the design standards in section 9-9F-4 of this article: offices, and service commercial uses, except those listed in subsection A3 of this section, and provided that:

         a.   Individual commercial uses shall not exceed two thousand (2,000) square feet of floor area;

         b.   The maximum allowable floor area of commercial use on any parcel is four thousand (4,000) square feet; and

         c.   The hearing authority in reviewing a site plan for commercial use in the MU-R zone may impose conditions of approval on commercial hours of operation, exterior building design and appearance, and/or off street vehicle parking to ensure compatibility with adjacent residential uses.

      3.   Commercial uses allowed under subsection A2 of this section are not considered home occupations. Home occupations need only comply with the standards and procedures in section 9-13-4 of this title.

   B.   Prohibited Uses In Residential Zones With MU-R Overlay:

      1.   Retail, restaurants, drinking establishments, entertainment uses, and similar uses.

      2.   Drive-up/drive-through facilities.

      3.   Automobile service, sales, repair and/or storage.

      4.   Outdoor commercial uses, including outdoor display of merchandise.

      5.   Any new or expanded garage proposed in conjunction with a commercial use. (Ord. 651, 12-12-2007)

Structures in residential zones shall be residential in appearance. Residential appearance is evaluated through site plan review (section 9-3-7 of this title). The review body shall apply criteria in subsections A through H of this section:

   A.   Roof elevation shall consist of gables or other pitched roof form. Roof pitch shall be a minimum of six to twelve (6:12). Flat roofs and mansard roofs are prohibited.

   B.   Siding shall be limited to wood (lap, shingle and/or architectural grade panel) siding, brick, stucco, natural stone or similar material. Composite materials that resemble the above materials in appearance and durability may be substituted for wood. Vinyl and metal siding is prohibited.

   C.   Building height shall not exceed thirty five feet (35').

   D.   Setbacks shall conform to the setbacks of the underlying residential zone.

   E.   Lot coverage shall conform to the setbacks of the underlying zone.

   F.   Signs (all types) shall not exceed a total of sixteen (16) square feet of sign face per lot or parcel in the MU-R zone. Signs shall be designed with materials that are compatible with those of the primary structure, subject to site plan review.

   G.   The review body may impose other architectural requirements and/or landscaping requirements, consistent with adjacent development, to ensure a residential appearance.

   H.   Where a lawfully established residential use occupies a structure that does not conform to the standards in subsections A through G of this section, the residential use may continue, but no commercial use of that structure is allowed until the standards of this article are met. (Ord. 651, 12-12-2007)

The district is designed to provide for a variety of employment opportunities such as office, retail, or manufacturing in an aesthetic environment and having a minimal impact on surrounding uses. (Ord. 672, 10-29-2014)

In the ED zone, the following uses and their accessory uses are permitted:

Banks, savings, credit union, stocks, mortgages, finance and insurance.

Conference facilities and meeting rooms.

Employment training and business services.

Offices, including real estate and government.

Postal services - public and private.

Printing, publishing, bookbinding, graphic and photographic reproduction, blueprinting or photo processing, photoengraving.

Software development. (Ord. 672, 10-29-2014)

In an ED zone, the following uses may be permitted by the city manager after public notice, pursuant to section 9-3-7 of this title, and public input has been received. The city manager may refer the application to the full planning commission upon his discretion. Decisions made by the city manager under this section shall be subject to appeal, pursuant to section 9-3-9 of this title.

Art stores, galleries, photography studios and shops.

Bakeries, retail.

Barbershops, beauty shops, and other personal services.

Childcare facilities.

Custom dressmaking, tailoring.

Drugstores, pharmacies.

Grocery, fruit or vegetable stores.

Internet fulfillment.

Office equipment (sales and service).

Research and development offices and laboratories, related to scientific, educational, electronics, manufacturing and communications endeavors.

Specialty retail shops, including, but not limited to, florist, music, gifts, confectionery, books, stationery, hobby, jewelry, bath and kitchenware, shoes, linen, furniture, hardware, garden supply, appliances and electronics stores and delicatessens. (Ord. 672, 10-29-2014)

In an ED zone, the following uses may be permitted by the planning commission in accordance with section 9-14-2 of this title, and after a public hearing:

Clinics, outpatient, infirmary services.

Distributing, wholesaling and warehousing.

Dry cleaners.

Light manufacturing, design, processing, assembly, packaging, fabrication and treatment of products made from previously prepared or semifinished materials.

Medical centers and emergency service facilities.

Trade schools and technical and professional institutes, business schools, job training, vocational rehabilitation, exclusive or elementary, secondary, and full curricula colleges and universities. (Ord. 672, 10-29-2014)

   A.   Minimum lot areas: None.

   B.   Maximum building height: Thirty feet (30').

   C.   Minimum required setbacks: Twenty feet (20') front setback. No side or rear yard setbacks are required, except that a thirty foot (30') setback shall be required wherever the ED zone abuts any type of commercial or residential zone.

   D.   Maximum allowed setbacks: No maximum limit.

   E.   Maximum site coverage of the building and parking lot: Eighty percent (80%).

   F.   Minimum landscape requirement (including the parking lot): Fifteen percent (15%).

   G.   The design and development of the landscaping in this district shall be in compliance with section 9-10-6 of this title.

The planning commission, after a public hearing pursuant to section 9-3-7 of this title, may permit alternative dimensional standards proposed by the applicant that do not substantially deviate from these standards provided they protect surrounding and nearby properties from adverse impacts to a similar or greater degree. (Ord. 672, 10-29-2014)

   A.   Air quality emissions/odor control will conform to subsection 9-13-5B of this title with no off site odor produced.

   B.   Noise levels will conform to section 5-1D-3 of this code (typical to residential measured at the property line).

   C.   Passenger car, single unit truck and tractor trailer truck trips per day/trip caps are subject to city review and approval.

   D.   Off street parking requirement of one space per employee on the largest shift.

   E.   No outdoor storage.

   F.   Waste disposal will conform to sections 8-5-1 through 8-5-4 of this code.

   G.   Lighting restrictions shall be 0.4 foot-candle at property line and lighting shall conform to section 9-9D-5-10 of this chapter.

   H.   Hours of operations will be seven o'clock (7:00) A.M. to six o'clock (6:00) P.M. with regular after hours work subject to prior written city approval.

   I.   Sewer discharges are restricted to typical personal usage waste flows and no cleaning products, chemical discharges or other atypical sewer discharges are permitted.

   J.   Signage shall conform to standards outlined in section 9-12-7 of this title.

   K.   No storage of NFPA materials classed higher than health 2; flammability 1; and reactivity 1.

   L.   A business or businesses in each use category, alone or in combination, shall not exceed fifty percent (50%) of the total gross floor area of all of the other permitted, permitted with notice and conditional uses within the ED development site or complex. The total gross floor area of two (2) or more buildings may be used, even if the buildings are not all on the same parcel or owned by the same property owner, as long as they are part of the same development site, as determined by the city manager. (Ord. 672, 10-29-2014)