The traffic impact analysis report shall at a minimum contain the following information:

Traffic Forecasts. The report shall include complete documentation of trip generation calculations including Institute of Transportation Engineers' (ITE) trip generation use code(s), from the most recent published edition. Traffic flow diagrams displaying distribution, assignment, existing, added and total traffic shall be included. Intersections, access points and turning movements within the area of influence shall be included.

Trip Generation. Estimates for trip generation shall be made for peak-hour traffic. The peak-hour traffic in the analysis will be justified and will at a minimum include the a.m. and p.m. peak hours. Trip generation estimates shall be based on the most recent issue of the ITE trip generation. The city engineer may approve different trip generation rates when trip generation rates are not available in ITE's trip generation or different rates are justified.

Trip Distribution and Assignment. Traffic generated by the proposed development shall be logically distributed and assigned to the street system within the influence area and any additional locations identified by the city engineer. The trip distribution information shall be based on Washington County, Metro, or ODOT for local traffic patterns no more than 12 months old, or alternative data approved by the city engineer.

Performance analysis shall be based on safety considerations that evaluate conflicting turning movements among driveways, intersections and internal traffic. Geometric design concerns shall be addressed and operational improvements shall be considered, evaluated and recommended when determined to be necessary by the standards of Washington County, ODOT or the city engineer. Adequate sight distance shall be addressed at the proposed road access point(s) of the existing and the ultimate road configuration based on the improvements identified in the city transportation system plan. Bicycle, pedestrian and transit issues shall be identified and evaluated. Other operational, circulation, safety, capacity and improvement issues shall be evaluated and addressed as required by the code and the city engineer.

The traffic impact analysis shall identify traffic impacts attributable to a development and the appropriate mitigation measures where a development causes traffic impacts that bring a road below acceptable levels of service, or impacts a road that is already operating below acceptable levels of service, or impacts a road that has a documented safety problem. Mitigation measures shall be implemented as a condition of approval. Mitigation shall include alternative methods to safely and efficiently improve traffic flow through improvements that address the identified deficiencies. Improvements shall be consistent with those identified in the transportation system plan. If traffic signal warrants are met in conformance with the Highway Capacity Manual and the Manual of Uniform Traffic Control Devices, traffic signals shall be required with development. Before a signal can be installed on a state highway, a traffic signal and location shall have been approved by the State Highway Engineer.

State and County Facilities. Access to state (ODOT) and/or Washington County facilities or both requires approval from those agencies. Traffic analyses shall meet ODOT and county requirements, in addition to those of the city for a traffic impact analysis.

Access spacing for all state facilities shall be coordinated with the Oregon Department of Transportation (ODOT).

Driveway spacing shall be designed in accordance with adopted public works standards. In some cases, driveway setbacks may be greater than the standard depending upon the influence area, as determined by city engineer review of a traffic impact report submitted by the applicant's traffic engineer. If the subject property has less than 150 feet of street frontage, the applicant shall first investigate a shared access as an option. If a shared access is not possible, the driveway shall be placed as far from the intersection as possible.

Based on the applicants' proposal and its compliance with the comprehensive plan, transportation system plan and the development and zoning code, the city shall require the closing or consolidation of existing driveways or other vehicle access points, the recording of reciprocal access easements (i.e., for shared driveways), and installation of traffic control devices or other measures as a condition of approval to mitigate the impacts of the development.

New developments shall provide cross-over easements to ensure potential shared driveway access points where existing conditions (i.e., surrounding land uses, lot configurations, physical characteristics, etc.) warrant consideration.

Access to arterials shall only be from public streets. When a site that has private access onto a principal arterial is redeveloped, the private access shall be eliminated if alternate access exists or can be developed to the site.

Direct access to a collector street shall only be considered if there is no alternative way to access the site. If direct access is permitted by the city, the applicant shall be required to mitigate for any safety or neighborhood traffic management impacts deemed applicable by the city engineer. In no case shall the design of driveways, drive aisles or service drives require or encourage the backward movement or other maneuvering of a vehicle within a street, except for single-family and duplex residences.

Proposed shared-use paths shall be located to provide access to existing or planned commercial services and other neighborhood facilities, such as schools, shopping areas and park and transit facilities. To the greatest extent possible, access shall be reasonably direct, providing a route or routes that do not deviate unnecessarily from a straight line or that do not involve a significant amount of out-of-direction travel.

Intersection or mid-block traffic management improvements to allow for pedestrian crossings at major transit stops.

Building placement within 20 feet of the transit stop, a transit street or an intersection street, or a pedestrian plaza at the stop or a street intersections.

Transit passenger landing pads accessible to disabled persons to transit agency standards.

An easement or dedication for a passenger shelter and an underground utility connection to a major transit stop if requested by TriMet.

Lighting to TriMet standards.

Intersection and mid-block traffic management improvements as needed and practicable to enable marked crossings at major transit stops.

Delineation of individual parking and loading spaces and their dimensions;

Circulation area necessary to serve spaces;

Access to streets, alleys and properties to be served;

Curb cuts;

Location and dimensions of all landscaping, including the type and size of plant material to be used, as well as any other nonliving landscape material incorporated into the overall plan, excluding single- and two-family residences and multi-family uses with not more than four units in the core residential zone; and

Specifications as to signs and bumper guards, excluding single- and two-family residences and multi-family uses with not more than four units in the core residential zone.

Area is signed for short duration only (i.e., less than one hour);

Expected visits are infrequent (less than three operations occur daily between 5:00 a.m. and 12:00 a.m. or all operations occur between 12:00 a.m. and 5:00 a.m. at a location that is not adjacent to a residential zone);

Area does not unreasonably obstruct traffic;

Area does not obstruct a primary emergency response route; and

Designation is acceptable to the applicable roadway authority.

Short-Term Bicycle Parking. Short-term bicycle parking shall be provided to encourage shoppers, customers, and other visitors to use bicycles by providing a convenient and readily accessible place to park bicycles.

Long-Term Bicycle Parking. Long-term bicycle parking provides employees, students, residents, commuters, and others who generally stay at a site for several hours a weather-protected place to park bicycles.

Where all of the parking or other vehicular uses are located under, on or within buildings; and

Parking areas serving single- and two-family uses and multi-family uses with not more than four units in the core residential zone as normally such residential areas shall not be required to meet.

It will not interfere with the maintenance or repair of any public utility;

It will not restrict pedestrian or vehicular access; and

It will not constitute a traffic hazard because of reduced visibility.

Sight Distance for Landscaping at Points of Access. When an accessway intersects a public right-of-way or when the subject property abuts the intersection of two or more public rights-of-way, all landscaping within vision clearance areas pursuant to CMC § 18.150.070 shall provide unobstructed cross-visibility at a level between three feet and 10 feet above the curb line; provided however, visibility areas shall be allowed, provided they are so located so as not to create a traffic hazard. Landscaping except required grass or ground cover shall not be located closer than three feet from the edge of any accessway pavement.

Parking lots that are more than three acres in size shall provide street features along major drive aisles. These features shall include at a minimum curbs, sidewalks and street trees and/or planter strips or both.

Access to and from parking spaces/areas shall not permit backing onto a public street and/or a public vehicle travel lane or both, except for single-family or duplex dwellings and multi-family uses with not more than four units in the core residential zone.

They shall have no more than 450 square feet of floor area if incidental to residential structures;

They shall not exceed one story, a maximum of 12 feet, unless the structure meets all standard setbacks for the zone, in which case the height limit shall be consistent with the underlying zone;

They shall not be allowed in a required front yard;

They shall not be located within six feet of main building or other accessory building unless attached to that building;

They shall be located no closer than three feet to any lot line nor built over an easement, whichever is the most restrictive;

They shall cause no encroachment upon or interference with the use of any adjoining property or public right-of-way;

They shall be built in accordance with building codes.

The finished floor and/or step does not exceed 30 inches in height above existing grade; and

Any fixed bench, railing, or other attachment does not exceed 40 inches in height above the existing grade; and

Maintains a minimum three-foot setback in the side and rear yard. All front yard and/or corner lot setbacks must be met as required by the specific zoning district.

All other uncovered decks, porches and steps shall not project more than 24 inches into a required rear or side yard setback.

Adequate sight distances shall be maintained and unobstructed at street intersections and driveways.

Fences and hedges up to six feet in height may be located within the side or rear yard behind the front yard setback.

Fences and hedges up to four feet in height may be located within the front yard setback within six inches of a sidewalk, or, if no sidewalk exists, where the sidewalk would be constructed.

Any required yard area within any zone; and

A front yard or street side yard in any residential zone.

The maximum number of children the facility is proposed to be licensed to care for;

Ages of the children to be cared for;

List of any exceptions to the rules governing standards for day care facilities the applicant will be applying for to the children's services division.

Basic Requirement. The height of the shade point shall be less than or equal to the height specified in Table A or computed using the following formula. If necessary interpolate between the five-foot dimensions listed in Table A.

Where:

H = the maximum allowed height of the shade point (see Figures 4 and 5 following Chapter 18.165 CMC).

SR = shade reduction line (the distance between the shade point and the northern lot line, see Figure 6 following Chapter 18.165 CMC); and

N = the north-south lot dimension; provided, that a north-south lot dimension more than 90 feet shall use a value of 90 feet for this section, and provided the maximum allowed height of the shade point may be increased one foot above the amount calculated using the formula or Table A for each foot that the average grade at the rear property line exceeds the average grade at the front property line.

Performance Option. The proposed structure, or applicable nonexempt vegetation, will shade not more than 20 percent of the south-facing glazing of existing habitable structure(s) or, where applicable, the proposed structure or nonexempt vegetation will comply with CMC § 18.155.020(A). If CMC § 18.155.020(B), Protected Solar Building Line Option, is used, nonexempt trees and the shade point of structures shall be back from the protected solar building line two and one-half feet for every one foot of height of the structure or of the mature height of nonexempt vegetation over two feet.

Exempt Lot. When created, the lot was subject to Chapter 18.155 CMC and was not subject to the provisions of CMC § 18.155.020(E).

Pre-Existing Shade. The structure or applicable nonexempt vegetation will shade an area that is shaded by one or more of the following:

Slope. The site has an average slope that exceeds 20 percent in a direction greater than 45 degrees east or west of true south based on a topographic survey by a licensed professional land surveyor.

Insignificant Benefit. The proposed structure or nonexempt vegetation shades one or more of the following:

Public Improvement. The proposed structure is a publicly owned improvement.

Physical Conditions. Physical conditions preclude development of the site in a manner that complies with subsection (B) of this section due to such things as a lot size less than 3,000 square feet, unstable or wet soils, or a drainage way, public or private easement, or right-of-way.

Conflict Between the Maximum Shade Point Height and Allowed Shade on the Solar Feature Standards. A proposed structure may be sited to meet the solar balance point standard described in subsection (A) of this section or be sited as near to the solar balance point as allowed by subsection (F) of this section if:

The applicant is exempt from this subsection if the lot(s) south of and adjoining the applicant's property is exempt from subsection (B) of this section.

Applicants shall be encouraged to design and site a proposed habitable structure so that the lowest height of the solar feature(s) will not be shaded by buildings or nonexempt trees on lot(s) to the south. The applicant shall complete the following calculation procedure to determine if the solar feature(s) of the proposed structure will be shaded. To start, the applicant shall choose which of the following sources of shade originating from adjacent lot(s) to the south to use to calculate the maximum shade height at the north property line:

The height of the lowest point of any solar feature of the proposed structure shall be calculated with respect to either the average elevation or the elevation at the midpoint of the front lot line of the lot to the south.

The applicant shall determine the height of the shadow that may be cast upon the applicant's solar feature by the source of shade selected in this subsection by using the following formula or Table B.

Where:

SFSH = the allowed shadow height on the solar feature (see Figure 8 following Chapter 18.165 CMC).

SH = the height of the shade at the northern lot line of lot(s) to the south as determined in this subsection.

SGL = the solar gain line (the distance from the solar feature to the northern lot line of adjacent lot(s) to the south; see Figure 7 following Chapter 18.165 CMC).

Table C may be used to determine (SH) in the above formula.

If the allowed shade height on the solar feature calculated in this subsection is higher than the lowest height of that calculated in this subsection the applicant shall be encouraged to consider any changes to the house design or location which make it practical to locate the solar feature so that it will not be shaded in the future.

R-7 Zone:

R-10 Zone:

The application is complete;

The information it contains is accurate; and

Nonexempt vegetation on the applicant's property does not shade the solar feature.

A party to whom the city grants a solar access permit shall:

An owner of property burdened by a solar access permit shall be responsible and pay all costs for keeping nonexempt vegetation from exceeding the solar access height limit. However, vegetation identified as exempt on the site plan required in subsection (C)(3) of this section, vegetation an owner shows was in the ground on the date an application for a solar access permit is filed, and solar friendly vegetation are exempt from the solar access permit.

Unless part of a proposed subdivision, a legal description of the applicant's lot and a legal description, owners' names, and owners' addresses for lots, all or a portion of which are within 150 feet of the applicant's lot and 54 degrees east and west of true south measured from the east and west corners of the applicant's south lot line. The records of the Washington County department of assessment and taxation shall be used to determine who owns property for purposes of an application. The failure of a property owner to receive notice shall not invalidate the action if a good faith attempt was made to notify all persons who may be affected.

A scaled plan of the applicant's property showing:

A scaled plan of the properties on the list required in subsection (C)(1) of this section showing:

For each affected lot, the requested solar access height limit. The solar access height limit is a series of contour lines establishing the maximum permitted height for nonexempt vegetation on lots affected by a solar access permit (see Figure 11 following Chapter 18.165 CMC). The contour lines begin at the bottom edge of a solar feature for which a permit is requested and rise in five-foot increments at an angle to the south not less than 21.3 degrees from the horizon and extend not more than 54 degrees east and west of true south. Notwithstanding the preceding, the solar access height limit at the northern lot line of any lot burdened by a solar access permit shall allow nonexempt vegetation on that lot whose height causes not more shade on the benefitted property than could be caused by a structure that complies with Chapter 18.160 CMC, Solar Balance Point, for existing lots.

A fee as required by resolution of the city council. If reviewed in conjunction with a proposed subdivision, no additional fee shall be charged, and the application will be processed consistent with subdivision regulations.

If available, a statement signed by the owner(s) of all of the property(ies) to which the permit will apply if granted, verifying that the vegetation shown on the plan submitted pursuant to subsection (C)(3) of this section accurately represents vegetation in the ground on the date of the application. The city shall provide a form for that purpose. The signed statements provided for herein are permitted but not required for a complete application.

Unless waived by the community development director, prior to filing an application for a solar access permit, an applicant's representative shall pay the required application fee and meet with the community development director to discuss the proposal and the requirements for an application. If a meeting is held, the community development director shall convey a written summary of the meeting to the applicant by mail within five calendar days of the meeting.

After the pre-application meeting is held or waived, the applicant may file an application containing the information required in subsection (C) of this section.

Within five working days after an application is filed, the community development director shall determine whether the application is complete and, if it is not complete, notify the applicant in writing, and specify what is required to make it complete.

Within 14 calendar days after the responsible official decides an application for a solar access permit is complete, the community development director shall issue a written decision tentatively approving or denying the request, together with reasons therefor, based on the standards of subsection (A) of this section.

If the application is approved, the applicant shall record the permit, associated solar access height limits, legal descriptions for the affected properties, and the site plan required in subsection (C)(3) of this section, with such modifications as required by the community development director, in the office of the county recorder with the deeds to the properties affected by it before the permit is effective.

Enforcement Request. A solar access permittee may request the city to enforce the solar access permit by providing the following information to the community development director:

Enforcement Process. If the community development director determines the request for enforcement is complete, he or she shall initiate an enforcement action pursuant to CMC § 18.05.090; provided, the community development director shall not enforce the permit against vegetation the owner of which shows was in the ground on the date the permit application was filed with the city.

Expiration. Every permit issued by the community development director under the provisions of this chapter shall expire if the construction of the solar feature protected by such permit is not commenced within of 180 days from the date of such permit, or if the construction of the solar feature protected by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further, that such suspension or abandonment has not exceeded one year. If the permittee does not show construction of the solar feature will be started within of 180 days of the date of the permit or the extension, or if the solar feature is removed, the community development director shall terminate the permit by recording the notice of expiration in the office of the county recorder with the deeds to the affected properties. If attached to a subdivision, it shall expire with the plat.

Extension. Any permittee holding an unexpired permit may apply for an extension of the time within which he or she may commence work under that permit when he or she is unable to commence work within the time required by this section for good and satisfactory reasons. The community development director may extend the time for action by the permittee for a period not exceeding of 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once.

Engineering. Proposals that use these techniques shall require review and approval by the city engineer.

Hardscape.

Landscape.

Building Design.

Applications and documents related to the request, which will require further city approval, shall be submitted to the city in the proper sequence.

If the site is found to be significant with a need for protection, the council shall initiate a plan amendment and the provision of this section shall apply.

If negative findings are made as to significance, the council shall order the stop work to be lifted.

Retention of Original Construction. All original exterior materials and details shall be preserved to the maximum extent feasible.

Height. Additional stories may be added to historic buildings provided:

If a demolition permit for an identified significant historic structure is submitted, the city shall institute a 60-day notice period before holding a public hearing on the matter before the planning commission. Notice shall be generally posted with specific notice to:

When reviewing an application for demolition of a historic structure, the planning commission shall consider the following:

Based on the above considerations, the planning commission shall either:

Removal of Illegal Signs. If any sign or other advertising structure regulated by this or any other code has been constructed or erected or is being maintained in violation of the provisions of this or any other code, written notice will be given to the owner. If the owner or occupant of the land upon which the sign is erected fails to remove or alter the sign to comply with the applicable code within 30 days after the date of said notice, the sign shall constitute a nuisance and a violation. Signs or other advertising structures, which constitute an immediate peril to persons or property, may be removed by the building official summarily and without notice.

Approved Materials and Maintenance. All parts of any sign must be of such materials or treated in such a manner that normal rainfall, moisture or sunlight will not harm or deface the surface. Unsafe portions of the sign will be repaired or replaced, i.e., deteriorated wood or metal.

Signs to Be Removed. Any sign, which no longer advertises a licensed business or product, must be removed. The owner will be notified by certified mail and asked to remove the sign within 30 days.

Damaged or Deteriorated Signs. All signs shall be kept in good condition and repair. Signs which are damaged or become deteriorated shall be repaired, replaced or removed. The owner or occupant of the land upon which the sign is located shall be given written notification to repair or remove the sign, and in the event that repairs or removal are not effected within a 30-day period after the date of said notice, then the building official shall be authorized to remove the sign at the expense of the owner.

Materials and Attachment of Letters. All letters, figures or characters must be attached in a safe and secure manner, as determined by the building official, to the sign structure.

Temporary signs shall be permitted for no more than 90 days.

Temporary signs shall not exceed 16 square feet per face, except in the residential zones.

Temporary signs in residential zones shall not exceed four square feet in size.

Temporary signs shall not exceed six feet in height.

One temporary sign at a time shall be permitted for a permitted event/activity per property annually.

Temporary signs shall conform to locational requirements of permanent signs. No signs shall be placed in the public right-of-way.

All signs, except as permitted in the sign code.

Any sign located within public rights-of-way, except as identified in the central mixed use or corridor commercial zoning districts and in subsection (E) of this section.

Signs that obstruct doorways, fire escapes or windows.

Signs that constitute a traffic hazard as determined by the facilities and design review committee. Signs shall not be erected or placed so as to obstruct free and clear vision or, by reason of their position, shape or color, interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device.

Signs adjacent to rights-of-way may not protrude into the right-of-way.

Signs that interfere with the operation and maintenance of public or private utilities.

Roof signs, except by approval of a conditional use permit.

Nonconforming Signs. A nonconforming sign shall not be changed, enlarged, or altered without complying with the existing sign code. A nonconforming sign is a lawful sign that exists on the effective date of adoption or amendment of this code, which is not in compliance with applicable sign regulations in effect on May 1, 2000.

Architect, engineer or contractor signs on a job site, which do not exceed 32 square feet in area and are removed within five days of the completion of the project.

Traffic or other municipal signs, legal notices, railroad crossing signs, danger signs, public/semi-public signs and such temporary emergency or nonadvertising signs as may be approved.

Signs or banners on or over public thoroughfares within the city, erected by city personnel.

Temporary property for sale, real estate, garage sale and property management signs located on the subject property in compliance with this section.

Signs affixed to the interior of a window.

Political campaign signs – Political campaign signs must not be placed within the public right-of-way, must adhere to the size limitation of the underlying zoning, and must be removed within 10 days after an election.

Ground and freestanding signs as defined in Chapter 18.195, Definitions, may be permitted on any street, but may not protrude into the right-of-way, except as permitted within the central mixed use or corridor commercial zoning districts. All signs shall comply with the vision clearance standards. One ground and/or freestanding sign shall be allowed per business establishment or tax lot, whichever is less. Tax lots created by fee ownership land division and contiguous tax lots under the one ownership shall be considered one tax lot for the purposes of calculating the number of freestanding signs allowed. The maximum overall dimensions or maximum area of such signs may not exceed the following:

Wall signs shall be permitted for each business not to exceed 20 percent of a linear building face. The 20 percent may be divided among the building faces, for example, 10 percent of two building faces or five percent of four building faces. The area of each sign shall be computed by applying the allowable percentage to the wall to which the sign will be attached. The building front includes all wall and window area. The 20 percent shall include the total area of all lettering, characters or designs. The background color or colors will also be included in the case of trademarks. No wall sign shall project more than 12 inches from the wall surface it is attached to, except for awnings that serve as coverage for the sidewalk.

Landscaping shall be continuously maintained to provide clear lines of sight from public rights-of-way to all building entrances.

Exterior lighting shall be provided and continuously maintained.

Any security bars installed on doors or windows visible from the public right-of-way shall be installed interior to the door or window, in a manner that they are not visible from the public right-of-way.

Prior to disposal, marijuana waste shall be rendered unusable by either grinding and mixing (at a ratio of at least 1:1) with other compostable materials or yard waste, or by mixing with noncompostable solid waste such as paper, cardboard, plastic, soils, or other approved materials.

Marijuana waste shall be temporarily stored in a secured indoor container until it is rendered unusable.

Any facility generating marijuana waste shall use the services of a solid waste franchisee or self-haul such materials to a properly licensed and approved solid waste disposal or recycling facility.

An alternative waste security system approved by the community development director, demonstrating that the alternative system will render marijuana waste unusable equally or better than the required grinding, mixing, and disposal system.

Installation of activated carbon filters on all exhaust outlets to the building exterior;

Location of exhaust outlets a minimum of 10 feet from the property line and 10 feet above finished grade; and

Maintenance of negative air pressure within the facility; or

An alternative odor control system approved by the building official based on a report by a mechanical engineer licensed in the state of Oregon, demonstrating that the alternative system will control odor equally or better than the required activated carbon filtration system.

Schools. Within 1,000 feet of a public or private elementary, middle, or high school or other school attended primarily by children under 18 years of age.

Public and Private Plazas and Parks. Within 500 feet of a public or private plaza or active use park. As used in this subsection, a public plaza or park includes a plaza or park owned and maintained by the city of Cornelius or its assigns. A private plaza or park includes a plaza or park owned and maintained by a homeowner's association (HOA).

Other Uses. Within any distance from any other use as specified by state law.