Every parcel, lot, and tract of land within the City of Creswell is designated with a land use (zoning) district. The use of land is limited to the uses allowed by the applicable land use district and/or overlay zone. The applicable land use districts and overlay zone(s) are determined based on the City of Creswell zoning map and the provisions of this chapter, which shall be consistent with the City of Creswell comprehensive plan, as indicated in Table 2.1.100.

[Ord. 442 § 2 (Exh. B), 2007].

A. Consistency with Zoning Map. The boundaries of the land use districts contained within this chapter shall coincide with the boundaries identified on the City’s official zoning map, retained by the City Recorder. Said map by this reference is made a part of this development code. The official zoning map, and any map amendments, shall be maintained by the City.

B. Applicability of Land Use Standards. Each lot, tract, and parcel of land or portion thereof within the land use district boundaries designated and marked on the zoning map is classified, zoned and limited to the uses hereinafter specified and defined for the applicable land use district. [Ord. 442 § 2 (Exh. B), 2007].

When amending land use district boundaries, the City’s comprehensive plan map is the primary source for determining appropriate boundaries. Where the plan map does not provide sufficient detail or direction, district locations and boundaries shall be guided by the purpose and applicability statements at the beginning of each land use chapter (Chapters 2.2 through 2.10 CDC). Where due to the scale, lack of scale, lack of detail or illegibility of the City zoning map, or due to any other reason, there is uncertainty, contradiction or conflict as to the existing or intended location of a district boundary line, the boundary line shall be determined by the City Manager in accordance with all of the following criteria:

A. Rights-of-Way. Boundaries indicated as approximately following the center lines of streets, highways, railroad tracks, alleys, irrigation canals, bridges, or other rights-of-way shall be construed to follow such center lines. Whenever any public right-of-way is lawfully vacated, the lands formerly within the vacated right-of-way shall automatically be subject to the same land use district designation that is applicable to lands abutting the vacated areas. In cases where the right-of-way formerly served as a land use district boundary, the lands within the right-of-way now vacated shall be allocated proportionately among the subject land use districts;

B. Parcel, Lot, Tract. Boundaries indicated as approximately following the boundaries of a parcel, lot, or tract shall be construed as following such boundaries;

C. Jurisdiction Boundary. Boundaries indicated as approximately following a City or county boundary, or the urban growth boundary, shall be construed as following said boundary; and

D. Natural Features. Boundaries indicated as approximately following a river, stream, drainage channel, drainage basin, topographic contour or other changeable natural feature not corresponding to any feature listed in subsections (A) through (C) of this section shall be construed as following such feature, except that the location may be corrected administratively through a Type II (Code Interpretation) procedure, in accordance with Chapter 4.8 CDC. [Ord. 442 § 2 (Exh. B), 2007].

The residential districts are intended to promote the livability, stability and improvement of the City’s neighborhoods. Four districts are provided: (A) the residential low density (RL) district is intended primarily for households living at lower densities, with parks, schools, places of worship, and other supportive services that are at an appropriate neighborhood scale; (B) the residential medium density (RM) district is intended to accommodate a wider variety of housing types, including more attached and small lot housing, than is allowed in the RL district; (C) the residential high density (RH) district is intended to accommodate a variety of housing types at higher densities, often focusing on attached or multifamily dwelling units with common amenities; and (D) the resort-commercial (RC) district is intended to combine a variety of housing types similar to that of the RM district with public and commercial services adjacent to recreation facilities at an appropriate residential scale.

A. Purpose. This chapter provides standards for land use and development in all four residential districts, based on the following principles:

1. Promote the orderly expansion and improvement of neighborhoods.

2. Make efficient use of land and public services and implement the comprehensive plan.

3. Designate land for the range of housing types and densities needed by the community, including owner-occupied and rental housing.

4. Provide flexible lot standards that encourage compatibility between land uses, efficiency in site design, and environmental compatibility.

5. Provide for compatible building and site design at an appropriate neighborhood scale; provide standards that are in character with the landforms and architecture existing in the community.

6. Apply the minimum amount of regulation necessary to ensure compatibility with existing residences, schools, parks, transportation facilities, and neighborhood services.

7. Reduce reliance on the automobile for neighborhood travel and provide options for walking, bicycling and transit use.

8. Provide direct and convenient access to schools, parks and neighborhood services.

9. Maintain and enhance the City’s historic architecture and historic neighborhoods.

B. Applicability of Districts. The land use districts authorized under this code shall be applied consistent with the policies and land use designations of the City of Creswell comprehensive plan text and map. Where the comprehensive plan provides for the application of more than one land use district to a given property (i.e., at the time of annexation or any proposed rezoning), the following locational criteria shall apply:

1. Residential-Low (RL) District. The RL district may be applied to any land with a residential designation under the comprehensive plan.

2. Residential-Medium (RM) District. The RM district may be applied through a quasi-judicial (Type III) amendment approved by the Planning Commission to any residentially designated parcel, or group of parcels; provided, that the subject site has at least 40 feet of frontage onto a collector or higher-classification roadway with pedestrian facilities, and the zone change conforms to the purpose in this section and applicable regulatory policies of the comprehensive plan.

3. Residential-High (RH) District. The RH district may be applied through a quasi-judicial (Type III) amendment approved by the Planning Commission to any residentially designated parcel, or group of parcels; provided, that the subject site has at least 40 feet of frontage onto a collector or higher-classification roadway with pedestrian facilities and the zone change conforms to the purpose in this section and applicable regulatory policies of the comprehensive plan.

4. Resort-Commercial (RC) District. The RC district may be applied through quasi-judicial (Type III) amendment approved by the Planning Commission to any residentially or commercially designated parcel, or group of parcels; provided, that the subject site has at least 50 feet of frontage onto a collector or arterial street with pedestrian facilities, the zone change conforms to the purpose in this section and applicable regulatory policies of the comprehensive plan, and a conceptual master plan for future development of the subject area is approved concurrently with the zone change. The hearing body may stipulate that the plan is binding on the subject property and require the applicant to record a legal instrument to that effect.

5. Commercial (DC and GC) Districts. The DC and GC districts shall be applied consistent with the Creswell comprehensive plan and Creswell downtown plan.

6. Industrial (IC and GI) Districts. The IC and GI districts shall be applied consistent with the Creswell comprehensive plan.

7. Park, Recreation or Open Space (PRO-S) District. The PRO-S district shall be applied consistent with the Creswell comprehensive plan. [Ord. 538 § 2 (Exh. B), 2020; Ord. 442 § 2 (Exh. B), 2007].

Table 2.2.110 identifies the land uses that are allowed in the residential districts. The specific land use categories are described and uses are defined in Chapters 1.3 and 1.4 CDC.

[Ord. 538 § 2 (Exh. B), 2020; Ord. 442 § 2 (Exh. B), 2007].

The development standards in Table 2.2.120 apply to all uses, structures, buildings, and development, and major remodels, in the residential districts.

[Ord. 562 § 2 (Exh. B), 2024; Ord. 538 § 2 (Exh. B), 2020; Ord. 442 § 2 (Exh. B), 2007].

A. Residential Yard Setbacks – Purpose. Residential setback yards provide space for private yards and building separation for fire protection/security, building maintenance, sunlight and air circulation. The setback yard standards contained in Table 2.2.120 are also intended to promote human-scale design and traffic calming by diminishing the visual presence of garages along the street and encouraging the use of pedestrian amenities, such as extra-wide sidewalks and street furnishings in multiple-family developments and in mixed-use projects. The standards also encourage the orientation of buildings to provide street visibility for public safety and neighborhood security.

B. Setback Yards – Exceptions. The following architectural features may encroach into the setback yards by no more than 36 inches; provided, that a setback of not less than 36 inches is preserved, all applicable building and fire codes are met, and the clear vision standards in CDC 3.1.200 are met. Eaves, chimneys, bay windows, overhangs, and similar architectural features may encroach into a setback yard by not more than 36 inches. Porches, decks and similar structures not exceeding 30 inches in height may encroach into setbacks as provided in Table 2.1.120. Walls and fences built on property lines are subject to the height standards in Table 2.1.120 and the provisions of CDC 3.1.200, Vehicular Access and Circulation, and 3.2.500, Fences and Walls.

C. Setback Yards – Reverse Frontage Lots. Buildings on reverse-frontage lots (through lots) shall be required to meet the build-to line standard on only one street. Reverse frontage lots are subject to the fence height and setback requirements in CDC 2.2.120 and the landscape buffer requirements in Chapter 3.2.300.

D. Setback Yards – Flag Lots. The front yard, flag lot, or infill development shall conform to one of the following two options:

1. Parallel to the street from which access is taken; or

2. Parallel to the flag pole from which access is taken.

The applicant for a building permit may choose either Option 1 or Option 2, except as otherwise prescribed by conditions of a partition or subdivision approval. (Note: The City may impose such conditions as provided under CDC 2.2.140, 2.2.180, and 4.3.115.) [Ord. 538 § 2 (Exh. B), 2020; Ord. 442 § 2 (Exh. B), 2007].

The purpose of this section is to ensure compatibility of new infill development and redevelopment of existing neighborhoods. The setback and building height standards in this section supersede those in Table 2.2.120 when a building or partition is proposed on a subdivision lot in a residential district that was platted prior to October 8, 2007. The approval body, through land use review (single-family and duplex dwelling) or site design review (multiple-family or other attached housing), as applicable, shall use the criteria and standards in subsections (A) through (D) of this section in reviewing building plans:

A. Compatibility with Building Height of Adjacent Residence(s). Except as provided in subsection (D) of this section, when an existing single-family residence is located within 20 feet of the subject site on the same side of the street, and said residence has a building height that is less than the maximum building height allowed in Table 2.2.120, a building height similar to that of the nearest single-family residence(s) shall be used. “Similar” means the building height is not more than 110 percent of the height of the nearest single-family residence on the same side of the street (Figure 2.2.140(B)). For example, if the existing single-family residence has a height of 26 feet, then the new building shall have a height that does not exceed 28.6 feet. If the new building is to be located between two existing residences, then the height of the new building shall not exceed 110 percent of the average height of the two adjacent buildings.

B. Setbacks and Orientation for Existing Structures Due to Creation of Right-of-way. Except as provided in subsection (D) of this section, when development is proposed to include new public right-of-way, existing development may be allowed setback and reorientation allowances:

1. Front and rear setbacks may be reduced by up to 50 percent of the minimum front setback for existing structures. Public utility easements shall serve as minimum setbacks where applicable.

2. Buildings shall be reoriented to provide a new primary entrance fronting or perpendicular to the new right-of-way, within 20 feet of the new public right-of-way.

C. Historic Creswell. Modifications to existing designated historic buildings are exempt from the provisions of this section, CDC 2.2.190 and 2.3.170 (architectural design). Such modifications are subject to CDC 2.2.200(K), Modifications to Designated Historic Structures. New structures within Creswell’s historic core area (available at Creswell City Hall) shall follow, borrow from, or appropriately adapt a recognized, historic architectural style found in Creswell. For example, designs that follow, borrow from, or appropriately adapt one of the following styles are acceptable: Craftsman Bungalow, Colonial Revival, and Queen Anne. Land use reviews and site design reviews for new buildings in the historic core area shall follow the procedures in subsections (C)(1) through (7) of this section:

1. Building plans must exemplify an acceptable style in their ground plan, elevations (rhythm, color, and materials), and structure (e.g., roof shapes and details such as windows, doors, trim, and ornamentation). The styles listed above are deemed acceptable; other historic styles may be accepted upon the decision body finding that the proposed design borrows from or appropriately adapts one of the above recognized styles using vernacular design elements.

2. Except as provided under subsection (C)(3) of this section, the City Manager shall review all new buildings in the historic core area through a Type II land use review; he or she shall approve or disapprove the design, or refer the design to the City’s architectural consultant for further review, based on the above criteria. The City Manager and the architectural consultant, as applicable, shall review a preliminary set of building elevations and floor plans, and a color and materials sample board, for conformance with this subsection (C) and the standards in CDC 2.2.190, Residential Districts – Architectural Design Standards.

3. When a project requires site design (Type III) approval, the Planning Commission shall be the decision-making body under this subsection (C), and shall review the building design concurrently with the site design review application following the preliminary review of the City Manager (subsection (C)(2) of this section).

4. Where the City Manager refers the design to the City’s architectural consultant, the applicant shall pay a deposit for the consultant’s review, against which the consultant’s time and expenses will be charged. Alternatively, the applicant may modify the design and submit it to the City Manager for reconsideration.

5. Design comments and advice provided by the architectural consultant under subsection (C)(3) of this section shall be advisory. The applicant may modify his or her plans in response to the consultant’s input, and the City Manager shall take the consultant’s input into consideration in approving or disapproving said plans under subsection (C)(2) of this section. Where the applicant chooses to modify and resubmit plans, the City may require that he or she waive or extend the 120-day rule under CDC 4.1.600.

6. Design approval under this subsection (C), or the City Manager’s determination that a project is exempt from this subsection (C), shall be required prior to issuance of building permits.

7. The City Manager’s decision shall be binding upon future building permits for the subject property; any modifications to the design must be resubmitted following the provisions of this subsection (C).

D. Exception to Standard for Redevelopment Potential on Adjacent Lot(s). Subsections (A) and (B) of this section do not apply when the approval body finds that the subject single-family housing located within 20 feet of the subject site is redevelopable. “Redevelopable,” for the purposes of this section, means a lot either has an assessed market value that exceeds the assessed market value of all improvements on the lot, based on the most recent data from Lane County Assessor’s office; or the front yard of the subject lot is large enough that it could be subdivided based on the applicable residential district development standards. [Ord. 538 § 2 (Exh. B), 2020; Ord. 442 § 2 (Exh. B), 2007].

A. Residential Density Standard. To ensure efficient use of buildable lands and to provide for a range of needed housing in conformance with the comprehensive plan, all new developments in the residential districts shall conform to the minimum and maximum densities prescribed in Table 2.2.120, except as provided in subsections (A)(1) through (4) of this section:

1. Residential care homes/facilities, senior housing including assisted living, and accessory dwellings may exceed maximum densities.

2. Subdivisions may develop below minimum densities where the average slope exceeds 20 percent are exempt from the minimum density standard.

3. The density standards may be averaged over more than one development phase (i.e., as in a master planned development). Duplex lots used to comply with the density standard shall be so designated on the final subdivision plat.

4. Partitions and construction of single-family homes on lots exceeding 20,000 to 40,000 square feet shall be planned so that the land is used efficiently and future development on these lots or parcels can occur based on the minimum lot size and other dimensional standards of the district. See also CDC 4.3.110(C), Future Redivision Plan.

B. Residential Density Calculation.

1. Minimum and maximum housing densities are calculated by multiplying the total parcel or lot area by the applicable density standard.

2. Areas reserved for flag lot access (flag poles) are not counted for the purpose of calculating minimum densities. [Ord. 538 § 2 (Exh. B), 2020; Ord. 442 § 2 (Exh. B), 2007].

A. Lot Coverage Calculation. The maximum allowable lot coverage shall be as provided in Table 2.2.120. Lot coverage is calculated as the percentage of a lot or parcel covered by buildings or structures (as defined by the foundation plane).

B. Impervious Surface Calculation. Impervious surfaces are calculated as the percentage of a lot or parcel covered by nonpermeable surface-level development (e.g., asphalt, concrete, gravel, and similar impervious paving). It does not include planted areas, porous paving surfaces, and other areas allowing stormwater infiltration, as approved by the City.

C. Lot Coverage for Pervious Pavement. Allowable lot coverage may increase beyond the limits described in CDC 2.2.120 when driveway and/or parking surfaces are paved using a City-approved porous/permeable paving surface. Coverage may increase by a ratio of one-half square foot for every one square foot of required parking and/or driveway area that is paved using a City-approved material (i.e., allowing stormwater infiltration) or one-half square foot for every one square foot of City-approved water quality treatment area (e.g., vegetative swale or biofiltration) on the development site. Lot coverage bonuses require approval through site design review.

D. Lot Coverage Bonus for Housing. Maximum lot coverage may be increased beyond the limits described in Table 2.2.120 for the following accommodations:

1. Accessory dwelling unit: additional 10 percent lot coverage.

2. Multifamily housing: additional 10 percent for developments providing at least 25 percent affordable units.

3. Mixed-use developments: additional 10 percent for developments including more than two dwelling units. [Ord. 538 § 2 (Exh. B), 2020; Ord. 442 § 2 (Exh. B), 2007].

Building heights shall conform to the standards in Table 2.2.120, and subsections (A) through (C) of this section:

A. Building Height Measurement. Building height is measured as the vertical distance above a reference datum measured to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the midpoint of the highest gable of a pitched or hipped roof. The height of a stepped or terraced building is the maximum height of any segment of the building. The reference datum shall be either subsection (A)(1) or (2) of this section, whichever yields a greater height:

1. The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of an exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above the lowest grade;

2. An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in subsection (A)(1) of this section is more than 10 feet above the lowest grade.

B. Exclusions from Maximum Building Height Standards.

1. Exempt Building Accessories. Chimneys, bell towers, steeples, roof equipment, flag poles, and similar features not for human occupancy are exempt from the maximum building heights; provided, that all applicable fire and building codes are met.

2. Height Bonus for Housing. The building height in the residential district may be increased by 10 feet when housing is provided at a density that exceeds 75 percent of the maximum density (i.e., within 25 percent of the maximum density of a zone), and fire protection standards are met. Where a second egress is required for fire safety, residences may have their entrances/egresses oriented to any yard; such entrances need not be oriented to the street yard.

C. Height Step-Down – RL District Transition. To provide compatible scale and relationships between new multi-story buildings and existing single-story dwellings in the RL district, multi-story buildings and structures in RL, RM, RH, RC, GC, DC, IC, and GI districts shall “step-down” to create a building height transition to adjacent single-story building(s) in the RL district, as provided in subsections (C)(1) through (3) of this section:

1. This standard applies to new and vertically expanded buildings and structures in any district that are within 20 feet (as measured horizontally) of an existing single-story building in the RL district with a height of 20 feet or less, as shown in Figure 2.2.170(C).

2. The transition standard is met when the height of the taller structure (“x”) does not exceed one foot of height for every one foot separating the two structures (“y”), as shown in Figure 2.2.170(C).

Figure 2.2.170(C) – RL Height Step-Down/Transition

3. Exceptions. The provisions of subsections (C)(1) and (2) of this section do not apply when the approval body finds that:

a. The subject single-story buildings located within 20 feet of the subject site are redevelopable. “Redevelopable,” for the purposes of this section, means a lot either has an assessed market value that exceeds the assessed market value of all improvements on the lot, based on the most recent data from Lane County Assessor’s office; or the front yard of the subject lot is large enough that it could be subdivided based on the residential district standards.

b. The subject property fronts an arterial right-of-way, such as Oregon Avenue. [Ord. 538 § 2 (Exh. B), 2020; Ord. 442 § 2 (Exh. B), 2007].

A. Purpose. The following standards are intended to orient buildings close to streets to promote pedestrian-oriented development where walking is encouraged, and to discourage automobile-oriented development. Placing residences and other buildings close to the street also encourages crime prevention, natural surveillance or security, and safety by having more “eyes-on-the-street.”

B. Applicability. This section applies to all developments that are subject to site design review, including developments that are reviewed as part of a master planned development or conditional use application.

C. Building Orientation Standards. All developments that are subject to this section shall have buildings that are oriented to a street. This standard is met when all of the following criteria are met:

1. Compliance with the setback and build-to line standards in CDC 2.2.120;

2. Except as provided in subsections (C)(3) and (4) of this section, all buildings in the residential districts shall have at least one primary building entrance (i.e., dwelling entrance, a tenant space entrance, a lobby entrance, or breezeway/courtyard entrance serving a cluster of dwelling units or commercial spaces) facing an adjoining street, or, if on a side elevation, not more than 20 feet from a street sidewalk. See Figure 2.2.180(C)(1);

Figure 2.2.180(C)(1) – Residential District Building Orientation

Acceptable

Not Acceptable

3. Off-street parking, driveways, and other vehicle areas shall not be placed between buildings and the street(s) to which they are oriented, as per subsection (C)(2) of this section and Figure 2.2.180(C)(1); except the following vehicle areas are allowed where the approval body finds that they will not adversely affect pedestrian safety and convenience:

a. Schools, multifamily buildings, assisted living facilities, and other institutional uses may have one driveway not exceeding 20 feet in width plus parallel parking, including ADA accessible spaces, located between the street and the primary building entrance; provided, that the building’s primary entrance is connected to an adjacent street by a pedestrian walkway and the driveway/parking area is crossed by a clearly defined pedestrian walkway, as required by CDC 3.1.300. The intent of this exception is use driveways that have street-like features.

b. Attached single-family housing developments (townhomes) with street-facing garages may have one driveway access located between the street and the primary building entrance for every two dwelling units, provided they meet the following criteria, as generally shown in Figure 2.2.180(C)(2):

(1) Where two abutting townhomes have street-facing garages, they shall share one driveway access that does not exceed 16 feet in width where it crosses the sidewalk and intersects the street;

(2) All primary building entrances shall be connected to a driveway (and sidewalk) via a pedestrian walkway that is not less than three feet wide;

(3) The maximum number of consecutively attached townhomes with garages facing the same street is four (two driveways); and

(4) Street-facing garages shall be set back at least 20 feet from the street; where a building is placed less than 20 feet from the street, the 20-foot garage setback may be accomplished by recessing the garage behind the front building elevation.

Figure 2.2.180(C)(2) – Townhome Building Orientation

c. Commercial buildings and uses (e.g., neighborhood commercial or mixed-use in the RC district) shall have all of their off-street parking located behind or to the side of such buildings and uses and screened from abutting properties in accordance with Chapter 3.2 CDC, as generally shown in Figure 2.2.180(C)(3). Off-street parking shall not be located between any building and any street.

Figure 2.2.180(C)(3) – Commercial Orientation in a Residential District

4. Where a development contains multiple buildings and there is insufficient street frontage to which buildings can be oriented, a primary entrance may be oriented to common green, open space, plaza, or courtyard. When oriented in this way, the primary entrance(s) and green, plaza, or courtyard shall be connected to the street by a pedestrian walkway meeting the standards in CDC 3.1.300. See example in Figure 2.2.180(C)(1), “acceptable site plan.” [Ord. 538 § 2 (Exh. B), 2020; Ord. 442 § 2 (Exh. B), 2007].

A. Purpose. The purpose of this section is to promote the public health, safety, and welfare by requiring at least a minimum level of design on every building. The design standards are intended to promote architectural compatibility and harmony within residential districts, and between new and existing residential structures. The standards are also intended to provide for human-scale design and street visibility from residential structures, while affording flexibility to use a variety of building styles. (See also the supplemental standards for buildings within Creswell’s historic core area under CDC 2.2.140(C).)

B. Applicability. This section applies to all new buildings, except accessory structures and remodels of, or additions to, designated historic structures, per CDC 2.2.140(C). The standards and criteria in this section are applied through the land use review or site design review procedure (Chapter 4.2 CDC), as applicable, prior to building permit review. The provisions under subsection (C) of this section may be adjusted through the design performance option in CDC 4.2.510.

C. Standards. All projects that are subject to this section shall meet all of the standards in subsections (C)(1) through (3) of this section. The graphics provided with each standard are intended to show examples of how the standards can be met and should not be interpreted as requiring a specific architectural design. Other building styles and designs can be used to meet the standards when the approval body finds they are consistent with the text. An architectural feature (i.e., as shown in Figures 2.2.190(C)(1) and (2)) may be used to comply with more than one standard.

1. Building Length. The continuous horizontal distance, as measured from end-wall to end-wall, of individual buildings shall not exceed 88 feet in the RL district and 120 feet in the RM and RC districts.

2. Articulation. All buildings shall incorporate design features such as varying roof lines, offsets, balconies, projections (e.g., overhangs, porches, or similar features), recessed or covered entrances, window reveals, change in materials or textures (e.g., stone or faux stone, brick, wood or concrete-wood (shakes versus lap or board and batten siding, etc.)), or similar elements to break up large expanses of uninterrupted building surfaces or blank walls. Along the vertical face of a structure, and on all building stories, such elements shall occur at a minimum interval of 32 feet, and each floor shall contain at least two elements, as generally shown in Figure 2.2.190(C)(2):

a. Recess (e.g., deck, patio, courtyard, entrance or similar feature) that has a minimum depth of four feet;

b. Extension (e.g., floor area, deck, patio, entrance, overhang, or similar feature) that projects a minimum of two feet and runs horizontally for a minimum length of four feet;

c. Offsets or breaks in roof elevation of two feet or greater in height; and/or

d. Change in materials, where one material is the predominant material on all elevations (e.g., where wood lap siding is the predominant material, brick, stone or faux stone could be selected for wainscoting or column accents; wood or wood-appearance shakes could be selected for gable ends; etc.).

Figure 2.2.190(C)(1) – Building Length and Articulation (Multifamily Housing Example)

3. Eyes on the Street. All building elevations visible from a street right-of-way shall provide prominent defined entrances, and a combination of windows, porches, and/or balconies.

a. All residential development shall include a minimum of 40 percent of front (i.e., street-facing) elevations (30 percent for manufactured homes that also conform to CDC 2.2.200(D));

b. Developments that include three or more dwelling units shall also provide a minimum of 30 percent of side and rear building elevations. “Percent of elevation” is measured as the horizontal plane (lineal feet) containing doors, porches, balconies, terraces and/or windows. The standard applies to each full and partial building story.

4. Detailed Design. All buildings shall provide detailed design on all street-facing walls (45 degrees or less from street lot line). Detailed design shall be provided by using at least six of the architectural features in subsections (C)(4)(a) through (m) of this section, as is appropriate for the proposed building type and style. The applicant may select the elements that he or she wants, and it is not within the approval body’s authority to prescribe specific elements; except when the project is being reviewed as part of a master planned development, conditional use permit, or site design review (subsection (C)(4)(n) of this section), the approval body may require specific design elements or changes to promote compatibility with adjacent uses and to achieve the desired community character or pedestrian orientation.

a. Dormers;

b. Gables;

c. Recessed entries;

d. Covered porch entries or portico;

e. Cupolas or towers;

f. Pillars or posts;

g. Eaves (minimum six-inch projection);

h. Offsets in building face or roof (minimum 16 inches);

i. Window trim (minimum three inches wide);

j. Bay windows;

k. Balconies;

l. Decorative patterns on exterior finish (e.g., scales/shingles, wainscoting, ornamentation, and similar features);

m. Decorative cornice or pediment (e.g., for flat roofs);

n. An alternative feature providing visual relief, similar to options in subsections (C)(4)(a) through (m) of this section, as approved through the design performance option under CDC 4.2.510.

Figure 2.2.190(C)(2) – Examples of Architectural Elements (Illustrative Only)

Example 1

Single-Family Housing

Example 2

Single-Family Housing

Example 3

Multifamily Housing

[Ord. 538 § 2 (Exh. B), 2020; Ord. 442 § 2 (Exh. B), 2007].

This section provides standards for specific land uses and building types, as identified in Table 2.2.110, that control the scale and compatibility of those uses within the residential district. The standards in this section supplement (are in addition to and do not replace) the standards in CDC 2.2.100 through 2.2.190. This section applies to the following uses and building types, as specified in subsections (A) through (K) of this section:

A. Accessory Dwelling (Attached, Separate Cottage, or Above Detached Garage). Accessory dwellings shall conform to all of the following standards:

1. Floor Area.

a. Accessory dwellings shall not exceed 800 square feet of floor area. The unit can be a detached cottage, a unit attached to a garage, or in a portion of an existing house;

b. Accessory units that result from the conversion of a level or floor (i.e., basement, attic, or second story) of the primary dwelling may occupy the entire level or floor, even if the floor area of the accessory dwelling exceeds 800 square feet;

2. Exempt from Density and Required Parking. Accessory dwellings are exempt from the housing density standards and any parking requirements of the residential district, due to their small size and low occupancy levels;

3. Oregon Structural Specialty Code. The structure complies with the Oregon Structural Specialty Code;

4. One Attached Unit, One Detached Unit. A maximum of one attached dwelling unit and one detached dwelling unit for a maximum of three dwelling units (one primary, two accessory) are allowed per lot;

5. Building Height. The building height of detached accessory dwellings (i.e., separate cottages) shall not exceed 110 percent of the primary unit’s height; and

6. Buffering.

a. Detached structures shall not be located less than 10 feet from the primary structure.

b. Accessory structures shall maintain the setback standards specified by property zoning designation related to front, rear, and side setbacks and shall retain at least a five-foot buffer from any property line or outbuilding such as a garden shed.

c. The approval body may require a landscape hedge or fence be installed on the property line separating a detached accessory dwelling from an abutting single-family dwelling, unless the applicant and the owner of the abutting single-family dwelling agree in writing not to install the hedge or fence.

7. Existing Nonnconforming Structures. Conversion of an existing nonconforming structure into an accessory dwelling is allowed; provided, that the conversion does not increase the nonconformity.

B. Attached Single-Family (Townhouses and Rowhouses) and Duplexes. Single-family attached housing with three or more dwellings (lots), and attached duplex housing (two or more consecutively attached duplexes), shall comply with the standards in subsections (B)(1) and (2) of this section, which are intended to control development scale; avoid or minimize impacts associated with traffic, parking, and design compatibility; and ensure management and maintenance of common areas.

1. Alley Access Required for Subdivisions Principally Containing Townhomes or Duplexes. Subdivisions, or phases of subdivisions, proposed to contain three or more consecutively attached single-family dwellings, and developments with two or more attached duplexes (4+ dwelling units), shall provide vehicle access to all such lots and units from an alley or parking court, as described in CDC 3.1.200. Alley(s) and parking court(s) shall be created at the time of subdivision approval, and may be contained in private tracts or, if approved by the City, in public right-of-way, in accordance with CDC 3.4.100, Transportation Standards, and Chapter 4.3 CDC, Land Divisions and Property Line Adjustments.

2. Common Areas. Any common areas (e.g., landscaping, private tracts, common driveways, private alleys, building exteriors, and/or similar common areas) shall be owned and maintained by a homeowner’s association or other legal entity. A copy of any applicable covenants, restrictions and conditions shall be recorded and provided to the City prior to building permit approval.

C. Bed and Breakfast Inns. Where bed and breakfast inns are allowed, they shall require approval through land use review (Type II) and conform to all of the following standards. (See also short-term vacation rentals, which are different than bed and breakfast inns, under subsection (I) of this section.)

1. Accessory Use. The use must be accessory to a household already occupying the structure as a residence.

2. Maximum Size. Four bedrooms for guests, and a maximum of eight guests are permitted per night. No separate structures are permitted, except for customary residential accessory structures as defined in subsection (J) of this section.

3. Length of Stay. Maximum length of stay is 28 days per guest; anything longer is classified as a hotel or commercial lodging. The bed and breakfast shall maintain a guest registry.

4. Employees. Up to two nonresident employees. There is no limit on residential employees.

5. Food Service. May be provided only to overnight guests of the business.

6. Owner-Occupied. Shall be owner-occupied.

7. Other Permit or Licensing Requirements. The owner of a bed and breakfast use shall be responsible for obtaining and complying with all other applicable permit and/or licensing requirements.

D. Group Living (Residential Care Homes and Facilities). Residential care homes are residential treatment or training homes or adult foster homes licensed by the state of Oregon. They may provide residential care alone, or in conjunction with treatment and/or training, for five or fewer individuals (“homes”) or six to 15 individuals (“facilities”) who need not be related. Staff persons required to meet state licensing requirements are not counted in the number of facility residents and need not be related to each other or the residents. Residential care homes and facilities shall comply with the following standards, consistent with ORS 197.660 through 197.670:

1. Licensing. All residential care homes and facilities shall be duly licensed by the state of Oregon.

2. Parking. Parking in accordance with Chapter 3.3 CDC.

3. Site Development Review. Site development review shall be required for new structures to be used as residential care homes or facilities, to ensure compliance with the licensing, parking, and other requirements of this code. Residential care homes are exempt from this requirement.

E. Home Occupations. The purpose of this section is to encourage those who are engaged in small commercial ventures that could not necessarily be sustained if it were necessary to lease commercial quarters, or which by the nature of the venture are appropriate in scale and impact to be operated within a residence. Home occupations are encouraged for their contribution in reducing the number of vehicle trips often generated by conventional businesses. Two types of home occupations are contemplated by this code: (1) home occupations meeting the standards in subsections (E)(1) through (7) of this section, are allowed by right, provided the owner has obtained and is in compliance with all applicable permit and licensing requirements, and all other uses and structures on the subject property are in conformance with all applicable City codes and requirements; and (2) home occupations exceeding any of the threshold standards in subsections (E)(1) through (7) of this section may receive approval through the Type III home occupation permit procedure under CDC 4.9.200.

Type I standards for home occupations:

1. Appearance of Residence.

a. The home occupation shall be restricted to lawfully built enclosed structures and be conducted in such a manner as not to give an outward appearance of a business.

b. The home occupation shall not result in any structural alterations or additions to a structure that will change its primary use or building code occupancy classification.

c. The home occupation shall not violate any conditions of development approval (i.e., prior development permit approval).

d. No products and/or equipment produced or used by the home occupation may be displayed to be visible from outside any structure.

2. Storage.

a. Outside storage, visible from the public right-of-way or adjacent properties, that exceeds what is customary for a single-family residence in the vicinity, is prohibited.

b. On-site storage of hazardous materials (including toxic, explosive, noxious, combustible or flammable) beyond those normally incidental to residential use is prohibited.

c. Storage of inventory or products and all other equipment, fixtures, and activities associated with the home occupation shall be allowed in any structure.

3. Employees.

a. Other than family members residing within the dwelling located on the home occupation site, there shall be not more than one full-time equivalent employee at the home occupation site at any given time. As used in this chapter, the term “home occupation site” means the legal lot on which the home occupation is conducted.

b. Additional individuals may be employed by or associated with the home occupation, so long as they do not report to work or pick up/deliver at the home occupation site.

c. The home occupation site shall not be used as a headquarters for the assembly of employees for instruction or other purposes, including dispatch of employees to other locations.

4. Vehicles, Parking and Traffic.

a. One commercially licensed vehicle associated with the home occupation is allowed at the home occupation site. It shall be of a size that would not overhang into the public right-of-way when parked in the driveway or other location on the home occupation site.

b. There shall be no more than three commercial vehicle deliveries to or from the home occupation site daily. There shall be no commercial vehicle deliveries during the hours of 9:00 p.m. to 7:00 a.m.

c. There shall be no more than one client’s or customer’s vehicle at any one time and no more than eight per day at the home occupation site.

5. Business Hours. There shall be no restriction on business hours, except that clients or customers are permitted at the home occupation from 7:00 a.m. to 9:00 p.m. only, except on Sundays, subject to subsections (E)(1) and (4) of this section.

6. Prohibited Home Occupation Uses.

a. Any activity that produces radio, TV, or other electronic interference; noise, glare, vibration, smoke, or odor beyond allowable levels as determined by local, state or federal standards; or that can be detected beyond the property line is prohibited.

b. Any activity involving on-site retail sales, including garage sales exceeding the thresholds of a temporary use, is prohibited, except that the sale of items that are incidental to a permitted home occupation is allowed. For example, the sale of lesson books or sheet music from music teachers, art or craft supplies from arts or crafts instructors, computer software from computer consultants, and similar incidental items for sale by home businesses is allowed subject to subsections (E)(1) through (5) of this section.

c. The following uses and uses with similar objectionable impacts because of motor vehicle traffic, noise, glare, odor, dust, smoke or vibration, are prohibited:

(1) Ambulance service;

(2) Animal hospital, veterinary services, kennels or animal boarding;

(3) Auto and other vehicle repair, including auto painting; and

(4) Repair, reconditioning or storage of motorized vehicles, boats, recreational vehicles, airplanes or large equipment on site.

7. Enforcement. The City Manager may visit and inspect the site of a home occupation in accordance with this chapter periodically to ensure compliance with all applicable regulations, during normal business hours, and with reasonable notice, in accordance with Chapter 1.5 CDC.

F. Manufactured Homes. Manufactured homes are permitted on individual lots, subject to all of the following design standards. Exception: The following standards do not apply to units that were lawfully placed within the City prior to the effective date of this code.

1. Floor Plan. The manufactured home shall be multi-sectional and have an enclosed floor area of not less than 1,000 square feet;

2. Roof. The manufactured home shall have a pitched roof with a slope not less than three feet in height for each 12 feet in width (14 degrees);

3. Residential Building Materials. The manufactured home shall have exterior siding and roofing that in color, material and appearance are similar or superior to the exterior siding and roof material used on nearby residences (e.g., horizontal wood or wood-appearance siding is considered “superior” to metal siding and roofing);

4. Garages and Carports. If the manufactured home has a garage or carport, the garage or carport shall be constructed of materials like those used on the house;

5. Thermal Envelope. The manufactured home shall be certified by the manufacturer to meet the thermal envelope requirements equivalent to those for a single-family dwelling constructed under the State Building Code. Evidence demonstrating that the manufactured home meets “Super Good Cents” energy efficiency standards is deemed to satisfy the exterior thermal envelope certification requirement. Additional manufacturer certification shall not be required;

6. Placement. The manufactured home shall be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the manufactured home is located not more than 16 inches above grade, and complies with the minimum set-up standards of the adopted state administrative rules for manufactured dwellings, OAR Chapter 918. Where the building site has a sloped grade, no more than 16 inches of the enclosing material shall be exposed on the uphill side of the home;

7. Foundation Skirt. The foundation area of the manufactured home shall be fully skirted;

8. Prohibited. The manufactured home shall not be located in a designated historic district.

G. Manufactured/Mobile Home Parks. Manufactured/mobile home parks (not including recreational vehicles) are permitted on parcels of one acre or larger, subject to applicable fire code requirements and compliance with subsections (G)(1) through (6) of this section:

1. Creswell Butte Protection Area. To conform to the comprehensive plan limits on visual impact of developments on Creswell Butte, and to avoid problems associated with steep slopes and erosion and earthquake hazards, no manufactured home park shall be allowed within the Creswell Butte Protection Area (see Chapter 1.3 CDC, Definitions).

2. Permitted Uses. Single-family residences, manufactured home park manager’s office, home occupations, and accessory structures that are necessary for the operation and maintenance of the manufactured dwelling park (e.g., landscape maintenance).

3. Space. The minimum size pad or space for each dwelling is 2,500 square feet; provided, that the overall density of the park does not exceed 12 units per acre. Each space shall be at least 30 feet wide and 40 feet long, in accordance with ORS 446.100(c).

4. Setbacks and Building Separation. The minimum setback between park structures and abutting properties is five feet. The minimum setback between park structures and public street right-of-way is 15 feet. At least a 10-foot separation shall be provided between all dwellings. Dwellings shall be placed a minimum of 14 feet apart where flammable or combustible fuel is stored between units. Park structures shall be placed no closer than five feet to a park street or sidewalk/pathway. An accessory structure shall not be located closer than six feet to any other structure or dwelling, except that a double carport or garage may be built that serves two dwellings. When a double carport/garage is built, the carport/garage shall be separated from all adjacent structures by at least three feet.

5. Perimeter Landscaping. When manufactured dwellings are oriented with their back or side yards facing a public right-of-way, the City may require installation of fencing and planting of a 15-foot-wide landscape buffer consistent with CDC 3.2.300(F) between the right-of-way and a manufactured home park for the privacy and security of residents or aesthetics of the streetscape.

6. Dwelling Design (For Parks Smaller than Three Acres). Manufactured dwellings in parks smaller than three acres shall meet the following design standards, consistent with ORS 197.314(6):

a. The manufactured dwelling shall have a pitched roof with a slope not less than three feet in height for each 12 feet in width (14 degrees); and

b. The manufactured dwelling shall have exterior siding and roofing that in color, material and appearance are similar or superior to the exterior siding and roof material used on nearby residences (e.g., horizontal wood or wood-appearance siding is considered “superior” to metal siding and roofing);

c. Exception. Subsections (G)(6)(a) and (b) of this section do not apply to manufactured dwellings that were lawfully placed within the City of Creswell prior to the effective date of the ordinance codified in this chapter.

H. Multiple-Family (Multifamily) Housing. Where multifamily housing is allowed, it shall conform to all of the following standards, which are intended to promote livability for residents and compatibility with nearby uses. Figure 2.2.200(H) provides a conceptual illustration of the requirements listed below.

1. Building Design. The architectural design standards under CDC 2.2.190 apply.

2. Common Open Space. Common open space is area shared by all tenants of a multifamily development. A minimum of 10 percent of the site area shall be designated and permanently reserved as common open space in all multiple-family developments, in accordance with all of the following criteria:

a. The site area is defined as the lot or parcel on which the development is to be located, after subtracting any required dedication of street right-of-way and other land for public purposes (e.g., public park or school grounds, etc.).

b. In meeting the common open space standard, the multiple-family development shall contain one or more of the following: outdoor recreation area, courtyard (to include gardens, planters, art), protection of sensitive lands (e.g., trees preserved), play fields, outdoor playgrounds, outdoor sports courts, swimming pools, walking fitness courses, pedestrian amenities, or similar open space amenities for residents.

(1) At least three percent of the common space shall provide areas for shade (i.e., gazebo, shade trees, covered patio), encouraging congregation of residents.

(2) Lighting of walkways at a minimum of one foot-candle shall be provided.

(3) Incorporate drought-tolerant and native species into landscape design.

c. Historic buildings or landmarks within the project that are open to the public may count toward meeting the common open space requirements when approved by the Planning Commission.

d. A common open space area shall have an average width that is not less than 20 feet and an average length that is not less than 20 feet.

e. The common open space requirement for projects in the resort-commercial district may be reduced by up to five percent when a project contains an equivalent area with pedestrian amenities, as described under CDC 3.1.300, between a primary building entrance(s) and adjoining street(s).

f. Points of Ingress/Egress. Common open space areas, if enclosed by a fence or wall, shall provide no fewer than two ingress/egress points so as to provide safe entry and exit from the common open space. Links for walking and biking shall be provided between on-site common open space and abutting public open space.

g. The approval body may waive the common open space requirement for the first 20 dwelling units in a multiple-family project that is located within one-quarter mile (walking distance) of a public park, and there is a direct, accessible (i.e., Americans with Disabilities Act compliant), lighted pedestrian walkway or multi-use pathway connecting the site to the park. If the park is not developed, or only partially developed, the approval body may require the multifamily housing developer to improve park land in an amount comparable to the open space that he or she would otherwise be required to provide in his or her development.

3. Private Open Space. Private open space is area intended to serve individual dwelling units within a multifamily residential development. Private open space areas shall be required for ground-floor and upper-floor housing units based on all of the following criteria:

a. A minimum of 40 percent of all ground-floor housing units shall have front or rear patios or decks measuring at least 48 square feet. Ground-floor housing means the housing unit entrance (front or rear) is within five feet of the finished ground elevation (i.e., after grading and landscaping);

b. A minimum of 40 percent of all upper-floor housing units shall have balconies or porches measuring at least 48 square feet. Upper-floor housing means housing units that are more than five feet above the finished grade; and

c. In the resort-commercial district, multifamily dwellings are exempt from the private open space standard where the development contains pedestrian amenities located between all primary building entrance(s) and adjoining street(s).

Figure 2.2.200(H) – Examples of Multiple-Family Open Space

4. Storage/Utility Areas. Storage areas such as trash receptacles, exterior utilities, and mechanical equipment shall be screened with an evergreen hedge or solid fence or wall of not less than six feet in height. Trash receptacles shall be oriented away from building entrances, buffered from living areas, and set back at least 10 feet from any public right-of-way and adjacent residences. Receptacles must be accessible to trash pick-up trucks.

5. Downtown Residential. Property developed with residential uses in the downtown commercial district shall adhere to CDC 2.3.120. Pedestrian amenities, as defined by CDC 2.3.180, may be substituted in the same percent of site area as defined in subsection (H)(2) of this section for common open space required of multifamily and mixed-use housing developed in the downtown commercial zone.

I. Short-Term Vacation Rentals. Short-term vacation rentals shall conform to all of the following criteria:

1. Vacation rentals allowed under this subsection are those with 28 or fewer days continuous occupancy by the same tenant;

2. A conditional use permit is required to operate one or more short-term vacation rentals in any RL or RM district;

3. The vacation rental unit shall provide two off-street parking spaces, as is required for a single-family dwelling;

4. In the RL and RM districts, all required parking shall be provided on the same lot as the vacation home rental unit;

5. All vacation home rentals shall have a maximum occupancy of one person per 200 square feet or not more than 16 people, whichever is more restrictive; and

6. The scale, building materials, and colors of the building shall be consistent with the neighborhood.

J. Zero-Lot Line Housing. Zero-lot line houses are subject to the same standards as non-attached single-family housing, except that a side yard setback is not required on one side of the lot, as generally shown in Figure 2.2.200(J). The standards for zero-lot line housing are intended to ensure adequate outdoor living area, compatibility between adjacent buildings, and access to side yards for building maintenance. All zero-lot line houses shall conform to all of the criteria in subsections (J)(1) through (4) of this section:

1. Site Design Review Required. Site design review is required for new zero-lot line developments. When a zero-lot line development is proposed as part of a land division, master planned development, or other application, the site design review may be combined with the other application(s);

2. Setbacks for Primary and Accessory Structures. The allowance of a zero side yard setback is for one single-family dwelling on each lot; it does not extend to accessory structures, which shall conform to the applicable setback requirements of the zone;

3. Setbacks Adjacent to Non-Zero-Lot Line Development. When a zero-lot line house shares a side property line with a non-zero-lot line development, the zero-lot line building shall be set back from that common property line by not less than 10 feet;

Figure 2.2.200(J) – Zero-Lot Line Housing

4. Building Orientation and Design. The building placement and/or design shall encourage privacy for the occupants of abutting lots. For example, this standard can be met by staggering foundation plans, by placing windows (along the zero-lot line) above sight lines with direct views into adjacent yards, by using frosted/non-see-through windows, by avoiding placement of windows on the zero-lot line, or other designs approved by the approval body through site design review; and

5. Construction and Maintenance Easement. Prior to building permit approval, the applicant shall submit a copy of a recorded easement for every zero-lot line house that guarantees access onto an adjoining lot for the purpose of construction and maintenance of the zero-lot line house. The easement shall require that no fence or other structure shall be placed in a manner that would prevent maintenance of the zero-lot line house. The easement shall not preclude the adjoining owner from landscaping the easement area.

K. Modifications to Designated Historic Structures. Proposals to alter, move, renovate, demolish or change the use of any historical structure, as defined by the Creswell comprehensive plan, shall be subject to review and approval by the Planning Commission through the site design review procedure (Chapter 4.2 CDC). Planning Commission approval is required before such a change can be undertaken. For site plans related to modifications of historic structures, the Planning Commission must adopt findings, which shall include the following considerations:

1. Whether the site, structure or object has maintained the required characteristics for historic significance.

2. Whether it has deteriorated or changed so as to become hazardous to public health, safety or welfare.

3. Whether historical significance will be substantially affected by the proposed change.

4. Whether the financial or other hardship to the owner in preserving the historic significance is outweighed by the public interest in preserving historic values.

5. Whether there are alternative ways in which historic values may be preserved if the proposed action is carried out.

6. Whether the proposed action or change will have any substantial economic, social, environmental or energy consequences and the effect of such consequences on the public and private interests involved.

7. Whether there are sources of compensation or financial assistance available to compensate the owner in the event that preservation of the property is recommended by the Planning Commission. [Ord. 538 § 2 (Exh. B), 2020; Ord. 514 § 1 (Exh. A), 2018; Ord. 442 § 2 (Exh. B), 2007].

Commercial districts are centers of business and civic life. This chapter provides two commercial districts to accommodate the range of commercial land uses in the community. The downtown commercial district is focused on the core commercial and civic (i.e., the central business area) of the community. The general commercial district regulations apply to those commercial areas outside or adjacent to the central business area. Both districts are intended to:

A. Promote efficient use of land and urban services;

B. Create a mixture of land uses that encourages employment and housing options in close proximity to one another;

C. Provide formal and informal community gathering places and opportunities for socialization (i.e., along an active street front);

D. Encourage pedestrian-oriented development in all commercial areas;

E. Create a distinct storefront character in the downtown commercial district;

F. Provide connections to and appropriate transitions between residential areas and commercial areas;

G. Apply land use and design standards to automobile-oriented and automobile-dependent uses that promote pedestrian safety, aesthetics, and economic development;

H. Provide for visitor accommodations and tourist amenities;

I. Encourage transit-supportive development to reduce reliance on the automobile and to minimize the need for off-street parking;

J. Implement design standards that support a pedestrian orientation, while maintaining and enhancing the City’s historic character. [Ord. 538 § 2 (Exh. B), 2020; Ord. 442 § 2 (Exh. B), 2007].

Table 2.3.110 identifies the land uses that are allowed in the commercial districts. The specific land use categories are described and uses are defined in Chapters 1.3 and 1.4 CDC.

[Ord. 545 § 2 (Exh. B), 2021; Ord. 538 § 2 (Exh. B), 2020; Ord. 486 Exh. B, 2015; Ord. 442 § 2 (Exh. B), 2007].

The development standards in Table 2.3.120 apply to all new structures, buildings, and development, and major remodels, in the commercial districts.

[Ord. 538 § 2 (Exh. B), 2020; Ord. 442 § 2 (Exh. B), 2007].

A. Zero Setbacks and Build-To Line – Purpose, Fire Code, and Clear Vision. Zero setbacks and build-to lines, as provided in Table 2.3.120, are intended to encourage pedestrian-oriented development, while providing more flexibility in site design than what is possible with large setbacks. With buildings placed close to the street, a development can afford good access for emergency service providers in the case of a fire or other emergency. Where no minimum setback is required, all structures and buildings shall conform to the vision clearance standards in Chapter 3.1 CDC and the applicable fire and building codes (e.g., for attached structures, fire walls, and related requirements).

B. Setback Yards – Reverse Frontage Lots. Buildings on reverse-frontage lots (through lots), or lots that front onto more than one street, shall be required to meet the build-to line standard on only one street. The Planning Commission may require that the build-to line apply to the highest order street. Reverse frontage lots are subject to the fence height and setback requirements in CDC 2.3.120 and the landscape buffer requirements in CDC 3.2.300.

C. Setback Yards – Flag Lots. The front yard of a flag lot shall conform to one of the following two options:

1. Parallel to the street from which access is taken; or

2. Parallel to and abutting the flag pole from which access is taken.

The applicant for a building permit may choose either Option 1 or Option 2, except as otherwise prescribed by conditions of a partition or subdivision approval. (Note: The City may impose such conditions as provided under CDC 2.2.140 and 4.3.115.) [Ord. 538 § 2 (Exh. B), 2020; Ord. 442 § 2 (Exh. B), 2007].

Lot coverage is calculated as provided under Table 2.3.120. [Ord. 538 § 2 (Exh. B), 2020; Ord. 442 § 2 (Exh. B), 2007].

A. Purpose. This section orients buildings close to streets to promote pedestrian-oriented development where walking is encouraged, and to discourage automobile-oriented development. Placing residences and other buildings close to the street also encourages crime prevention, natural surveillance or security, and safety by having more “eyes on the street.”

B. Applicability. This section applies to projects that are subject to site design review or land division review, including those reviewed as part of a master planned development.

C. Building Orientation Standards. Developments subject to this section shall have their buildings oriented to a street, as generally shown in Figure 2.3.150(C)(1). This standard is met when all of the following criteria are met:

1. Compliance with the setback and build-to line standards in CDC 2.3.120, where applicable. The build-to line may be set back to provide pedestrian amenities between a building and its adjoining street.

2. Except as provided in subsections (C)(4) and (5) of this section, all buildings shall have at least one primary building entrance (i.e., dwelling entrance, a tenant entrance, lobby entrance, or breezeway/courtyard entrance) facing an adjoining street (i.e., within 45 degrees of the street property line), or, if the building entrance is turned more than 45 degrees from the street (i.e., front door is on a side elevation), the primary entrance shall not be more than 20 feet from a street sidewalk in the DC district and not more than 60 feet in the GC district, except to provide pedestrian amenities; a walkway shall connect the primary entrance to the sidewalk.

Figure 2.3.150(C)(1) – Building Orientation

3. In the DC district, off-street parking, driveways, and other vehicle areas shall not be placed between buildings and the street(s) to which they are oriented, except as allowed under subsection (C)(4) of this section. Off-street parking in the DC district shall be oriented internally to the site, with parking bays separated by landscaping, as generally shown in Figure 2.3.150(C)(2). Bays shall contain no more than 24 parking spaces per bay.

Figure 2.3.150(C)(2) – Building Orientation with Internal Parking

4. In the GC district, the building orientation standard may be met with vehicle areas allowed between the street right-of-way and a building’s primary entrance when the approval body finds that the following criteria are met:

a. Placing vehicle areas between the street right-of-way and building’s primary entrance will not adversely affect pedestrian safety and convenience, based on the distance from the street sidewalk to the building entrance, projected vehicle traffic volumes, and available pedestrian walkways;

b. The proposed vehicle areas are limited to one driveway of not more than 20 feet in width with adjoining bays of not more than eight consecutive parking spaces per bay (including ADA accessible spaces) on the side(s) of the drive aisle (the intent of which is to create a drive aisle that is street-like, and break up parking into small bays with landscaping); and

c. The building’s primary entrance is connected to an adjoining street by a pedestrian walkway that meets the standards for pedestrian walkways under CDC 3.1.300.

5. Where a development contains multiple buildings and there is insufficient street frontage to which buildings can be oriented, a primary entrance may be oriented to a common green, plaza, or courtyard. When oriented in this way, the primary entrance(s) and green, plaza, or courtyard shall be connected to the street by a pedestrian walkway meeting the standards in CDC 3.1.300.

D. Block Layout (Pedestrian-Orientation) Standard. Developments containing more than one building, including commercial subdivisions containing outlying commercial pads, shall meet all of the following standards:

1. The site shall be configured into blocks that have frontage onto streets, interior parking courts (as generally shown in Figure 2.3.150(C)(2), above), or shopping streets (as generally shown in Figure 2.3.150(D)(3), below). All parking courts and shopping streets shall contain on-street parking bays (parallel or angled parking), street- or court-facing building entrances and entrances at or near (i.e., within 40 feet of) block corners, sidewalks, street trees, and pedestrian lighting;

2. Blocks shall not exceed 400 feet in length, and shall have a perimeter not exceeding 1,400 feet. Pedestrian walkways inside buildings are not counted as block edges;

3. Pedestrian pathways shall connect the street right-of-way to building entrances and the interior parking courts between buildings, as necessary to ensure reasonably safe, direct, and convenient access to building entrances and off-street parking.

Figure 2.3.150(D)(3) – Shopping Street Example

[Ord. 538 § 2 (Exh. B), 2020; Ord. 442 § 2 (Exh. B), 2007].

A. Method of Measurement. Building and structure heights shall conform to the standards in Table 2.3.120. Height is measured in conformance with CDC 2.2.170. Where a height transition (RL height step-down) is required, it shall conform to the standards in CDC 2.2.170(C).

B. Height Bonus for Housing. The building height in the commercial districts may be increased by 10 feet when housing is provided above ground-floor commercial use(s), as generally shown in Figure 2.3.160(B), and fire protection standards are met. Where a second egress is required for fire safety, residences may have their entrances/egresses oriented to any yard; such entrances need not be oriented to the street yard.

Figure 2.3.160(B) – Building Height Bonus for Housing

[Ord. 538 § 2 (Exh. B), 2020; Ord. 442 § 2 (Exh. B), 2007].

A. Purpose. The purpose of this section is to promote the public health, safety, and welfare by requiring at least a minimum level of design on every building. The design standards are intended to promote architectural compatibility and harmony within the commercial districts. The standards are also intended to provide for human-scale design and street visibility from commercial structures, while affording flexibility to use a variety of building styles.

B. Applicability. Except for existing historic structures, all major remodels and new buildings in the commercial districts shall meet the standards of subsections (C) through (E) of this section. The standards are applied through site design review prior to building permit review. The applicant demonstrates that the standards are met by complying with the criteria under each standard. Remodels of, or additions to, designated historic residential structures are subject to the requirements under CDC 2.2.200(K). The provisions of this section may be adjusted through the design performance option in CDC 4.2.510.

C. Pedestrian Orientation. The design of all buildings on a site shall support a safe and attractive pedestrian environment. This standard is met when the approval body finds that all of the criteria in subsections (C)(1) through (7) of this section are met. Alternatively, the approval body may approve an alternate design under CDC 4.2.510 upon finding that the proposed design equally or better achieves the above standard.

1. The building orientation standards under CDC 2.3.150 are met; and

2. Primary building entrances shall open directly to the outside and, if not abutting a street, shall have walkways connecting them to the street sidewalk; every building shall have at least one primary entrance that does not require passage through a parking lot or garage to gain access; and

3. Corner buildings (i.e., buildings within 20 feet of a corner as defined by the intersecting curbs) shall have corner entrances, or shall provide at least one entrance within 20 feet of the street corner or corner plaza; and

4. At least 20 percent of the building’s front facade (measured horizontally in linear feet) in the GC district, and 50 percent of the front facade in the DC district, shall be located at the build-to line or closer to the street; build-to lines are prescribed by CDC 2.3.120; and

5. Ground-floor windows or window displays shall be provided along at least 30 percent of the building’s (ground-floor) street-facing elevation(s) in the GC district, and 50 percent of the street-facing elevation in the DC district. Design elements such as large regularly spaced and similarly shaped windows with window trim and with transom or clerestory windows above building entrances are counted; windows and display boxes shall be integral to the building design and not mounted to an exterior wall; and

6. In the DC district, windows shall cover no more than 80 percent of the ground-floor facade area, and shall not begin less than 18 inches or more than 30 inches above the sidewalk (except transom windows). Second and third story windows shall match the vertical and horizontal character of ground level windows; and

7. Street-facing elevations shall be designed with weather protection, such as awnings, canopies, overhangs, or similar features. Such weather protection shall project a minimum of four feet and a maximum of eight feet over sidewalks or other pedestrian space; and

8. Drive-up and drive-through facilities, when allowed, shall conform to CDC 2.3.190; the provisions of which shall not be modified without a variance (Chapter 5.1 CDC).

D. Compatibility. All new buildings and major remodels shall be designed consistent with the architectural context in which they are located. This standard is met when the approval body finds that all of the criteria in subsections (D)(1) through (7) of this section are met.

1. There is continuity or effective transitions in building sizes between new and existing buildings;

2. The ground-floor and upper-floor elevations and architectural detailing are compatible with adjacent commercial buildings;

3. Buildings adjacent to the RL district meet the height step-down provisions under subsection (C) of this section;

4. Roof elevation is compatible with adjacent commercial buildings (roof pitch, shape, height step-down);

5. There is continuity in the rhythm of windows and doors on the proposed building(s);

6. The relationship of buildings to public spaces, such as streets, plazas, other areas, and public parking, including on-street parking, is strengthened by the proposed building(s);

7. The materials, colors, and architectural style are compatible with Creswell’s character. Compatible materials include masonry, tile, stucco, split face concrete blocks, or wood. Unadorned poured or tilt-up concrete or metal siding are not allowed. Where blank walls are required for structural reasons, all such walls visible from public streets shall include a combination of architectural elements and features such as offsets, entry treatments, patterns of varied materials and colors, decorative murals and divisions into bays, or similar features.

E. Human Scale. The design of all buildings shall be to a human scale. This standard is met when the approval body finds that all of the criteria in subsections (E)(1) through (6) of this section are met. Alternatively, the approval body may approve a different design upon finding that the design contains an equally good or superior way of achieving the above standard. Figure 2.3.170(E) contrasts examples of building elevations that are consistent/inconsistent with human scale criteria.

1. Regularly spaced and similarly shaped windows are provided on all building stories;

2. Ground-floor retail spaces have tall ceilings (i.e., 12 to 16 feet) with display windows on the ground floor;

3. Display windows are trimmed, recessed, or otherwise defined by wainscoting, sills, water tables, or similar architectural features;

4. On multi-story buildings, ground floors are defined and separated from upper stories by appropriate architectural features (e.g., cornices, trim, awnings, canopies, arbors, trellises, overhangs, or other features) that visually identify the transition from ground floor to upper story; such features should be compatible with the surrounding architecture;

5. The tops of flat roofs are treated with appropriate detailing (i.e., cornice, pediment, flashing, trim, or other detailing) that is compatible with the surrounding architecture;

6. Pitched roofs have eaves, brackets, gables with decorative vents, or other detailing that is consistent with the surrounding architecture;

7. Historic design and compatibility requirements under CDC 2.2.140(C), where applicable, are met; and

8. Where buildings with greater than 10,000 square feet of enclosed ground-floor space are proposed, they shall provide articulated facades on all street-facing elevations. This criterion is met when an elevation contains at least one of the following features for every 40 feet of building (horizontal length): windows; primary entrances; weather protection (awnings, canopies, arbors, trellises), building offsets; projections; changes in elevation or horizontal direction; sheltering roofs; terraces; a distinct pattern of divisions in surface materials; ornamentation; screening trees; small-scale lighting (e.g., wall-mounted lighting, or up-lighting); and/or similar features as generally shown in Figure 2.3.170(E). See also subsection (C) of this section.

Figure 2.3.170(E) – Examples of Design Elements on Large Commercial Buildings

Large Commercial Massing – Acceptable

Large Commercial Massing – Unacceptable

[Ord. 538 § 2 (Exh. B), 2020; Ord. 442 § 2 (Exh. B), 2007].

A. Purpose and Applicability. This section provides standards for pedestrian amenities when pedestrian amenities are required as part of new developments and major remodels in the DC district, and when pedestrian amenities are provided to meet the requirements of other code sections. Pedestrian amenities serve as informal gathering places for socializing, resting, and enjoyment along street frontages, and they support the community’s public safety and transportation objectives through natural surveillance and walkability.

B. Standards. New developments and major remodels in the DC district and other developments subject to the provisions of this section shall provide one or more of the “pedestrian amenities” listed below, and as generally illustrated in Figure 2.3.180(B). Pedestrian amenities may be provided within a street furnishing zone, building frontage zone, or plaza, or within the pedestrian through zone, as shown in Figure 2.3.180(B); provided, that applicable minimum clearance and ADA standards are met. Use of the public right-of-way requires approval by the roadway authority.

1. A plaza, courtyard, square or extra-wide sidewalk next to the building entrance with a minimum width of six feet;

2. Sitting space (i.e., dining area, benches, garden wall or ledges between the building entrance and sidewalk) with a minimum of 16 inches in height and 30 inches in width;

3. Building canopy, awning, pergola, or similar weather protection (minimum projection of four feet over a sidewalk or other pedestrian space);

4. Public art that incorporates seating (e.g., fountain, sculpture);

5. Transit amenity, such as bus shelter, per the standards of the transit service provider, as applicable.

Figure 2.3.180(B) – Examples of Pedestrian and Transit Amenities

[Ord. 538 § 2 (Exh. B), 2020; Ord. 442 § 2 (Exh. B), 2007].

This section supplements the standards contained in CDC 2.3.110 through 2.3.180. It provides standards for drive-up and drive-through uses and facilities and residential uses within commercial districts.

A. Drive-Up/Drive-In/Drive-Through Uses and Facilities. When drive-up or drive-through uses and facilities are allowed, they shall conform to all of the following standards, which are intended to calm traffic, and protect pedestrian comfort and safety.

1. The drive-up/drive-through facility shall orient to an alley, driveway, or interior parking area, and not a street (Figure 2.3.190(A)(1));

Figure 2.3.190(A)(1) – Drive-Up and Drive-Through Facilities

2. None of the drive-up, drive-in or drive-through facilities (e.g., driveway queuing areas, windows, teller machines, service windows, kiosks, drop-boxes, or similar facilities) are located within 20 feet of a street and shall not be oriented to a street corner (walk-up-only teller machines and kiosks may be oriented to a street or placed adjacent to a street corner);

3. Drive-up/in queuing areas shall be designed so that vehicles do not obstruct a driveway, fire access lane, walkway, or public right-of-way; and

4. The minimum spacing of drive-up, drive-in, and drive-through facilities receiving access onto the same street is 400 linear feet along that street’s block face (same side of street).

B. Residential Uses in Commercial Districts. Residential uses can provide complementary opportunities for compact, urban living close to services, as well as utilize districts during evening and morning hours when commercial areas tend to be less active.

1. Downtown Commercial Residences. Residences constructed in the core of Creswell’s downtown provide opportunity for living units to complement smaller scale commercial opportunities that often deliver key services to residents. To foster a vibrant, active, and desirable downtown core, housing may be complementary to adjacent commercial uses.

a. With Ground-Floor Commercial. Mixed-use developments that include ground-floor commercial with residential uses above shall meet the requirements specified by CDC 2.3.120 through 2.3.180.

b. Without Ground-Floor Commercial. Where allowed, residential developments in commercial zones shall adhere to development standards consistent with high-density residential (RH) district standards as described in CDC 2.2.120 and 2.2.200(H)(2) through (4), while maintaining compatibility with ground-floor architectural design standards specified by CDC 2.3.170.

c. Multifamily housing constructed in the downtown commercial district may be exempt from the common open space standard where the development contains pedestrian amenities located between all primary building entrance(s) and adjoining right(s)-of-way, as defined by CDC 2.3.180.

2. General Commercial Residences. Mixed-use developments that include residences may be provided above a ground-floor commercial use and shall meet requirements specified in CDC 2.3.120 through 2.3.180 consistent with medium-density residential (RM). At least 50 percent of the ground floor must be dedicated to commercial use.

3. Height Bonus for Housing. See CDC 2.3.160(B).

C. Recreational Vehicle Parks. Where recreational vehicle (RV) parks are allowed, they shall conform to requirements of OAR Chapter 918, Division 650, as well as the following standards, which are intended to maintain safety of visitors and reduce nuisance to neighbors:

1. Location of the Park. An RV park may be sited on a parcel zoned general commercial (GC) meeting the following location standards:

a. Minimum Lot Size. The minimum lot size for an RV park shall be two acres.

b. Traffic Impact. A traffic impact analysis consistent with CDC 4.1.900 shall be required.

2. Park Design.

a. Vehicle Access. Due to the oversized nature of recreational vehicles, access points shall show accommodation of wide swing distance, and vision clearance areas shall be increased to 25 feet from a corner or intersection, both internally and when connecting to the public right-of-way. Driveways shall be consistent with CDC 3.1.200.

b. Setback Requirements. Each rental space shall meet the following setback requirements:

(1) Thirty-five feet when abutting a state or federal highway or designated major arterial;

(2) Fifteen feet when abutting a public right-of-way other than a major arterial;

(3) Fifteen feet when abutting any property line other than public right-of-way;

(4) There shall be a minimum distance of 15 feet provided between RV units parked side by side and units parked end to end;

(5) There shall be a minimum distance of 30 feet between any RV space and any building.

c. Lot Coverage. Impervious surfaces (roads, roof area, nonporous materials) may not cover more than 80 percent of a parcel.

d. Interior Streets. Streets or roadways and parking areas within the RV park shall be designed to provide safe and convenient access to all spaces and to facilities for common use by park occupants, and shall:

(1) Be constructed and maintained to allow free movement of emergency and service vehicles at all times.

(2) Provide a minimum 45-foot turning radius on all curves, to allow access by emergency vehicles.

(3) Where applicable, bridges within the development shall have a capacity of at least 16 tons, to allow access by emergency vehicles.

(4) Be graded to drain and surfaced with asphalt or concrete, not to exceed six percent grade.

(5) Provide at least 30 feet in width for two-way traffic, and at least 18 feet in width for one-way traffic, excluding sidewalk area.

(6) Provide sidewalks or separated footpaths on or parallel to all interior roadways for pedestrian circulation and safety, particularly between common areas and RV sites. Sidewalks and footpaths shall be a minimum width of five feet and composed of concrete or bituminous concrete at least three inches thick.

(7) Provide pedestrian access and connectivity to the public right-of-way as specified in CDC 3.1.300.

(8) Provide human-scale lighting of roadways, walkways, and footpaths interior to the site.

e. Spaces.

(1) All spaces shall have a minimum frontage of 20 feet along an interior roadway.

(2) Each space shall be a minimum of 800 square feet, and provided with a minimum of two pedestrian amenities, including but not limited to:

i. Picnic bench, seating, or similar, with a minimum of 16 inches in height and 30 inches in width;

ii. Fire pit;

iii. Canopy, pergola, covered patio, or similar shade/weather protection.

(3) Landscaping shall be provided for each space, consistent with subsection (C)(2)(f) of this section.

f. Common Areas.

(1) Service Building(s). Conveniently located service building(s) shall be provided at a distance of not more than 300 feet from any RV served. Service buildings shall be equipped with flush toilets, lavatories, showers and laundry facilities meeting minimum state Health Department standards.

(2) Common Open Space. Open space for common areas, playgrounds and other recreational uses shall be provided at the rate of at least 10 percent of the gross area of the RV park, and shall be centrally located for ease of access by all park users. Open space shall not include any area designated as a roadway, RV rental space, storage area, swimming pool, yard area surrounding the caretaker’s or manager’s residence, or any area required for setbacks.

g. Landscaping. Landscaping shall comprise at least 20 percent of the total site, and may include common areas with pedestrian amenities (play areas, outdoor furniture, BBQ grills, porch covers, etc.) resulting in no more than 80 percent of the site being covered by impervious surfaces.

Consistent with CDC 3.2.300, landscaping shall be designed to perform the following functions:

(1) Screen the RV park visually and audibly from adjacent properties by means of fences, walls, or opaque hedges at least six feet in height;

(2) Provide an attractive entrance and street frontage;

(3) Provide dust and erosion control; and

(4) Provide screening between rental spaces.

h. Fire Protection. Fire hydrants shall be installed throughout the RV park in accordance with the specifications of the Fire Marshal. There shall be one hydrant at the entrance to the development, and additional hydrants at a distance not to exceed 300 feet between hydrants. All buildings within the RV park shall be equipped with fire extinguishing equipment in good working order of such type, size and number as prescribed by the Fire Marshal.

i. Structural Additions. Temporary structures such as canvas awnings, screened enclosures, or platforms, which are normal camping equipment, may be erected but must be removed when the rental space is vacated. No other structural additions shall be built onto or become a part of any RV.

j. Fires. Fires shall be made only in stoves or a fire ring in safe and convenient locations, where they will not constitute fire hazards to vegetation, undergrowth, trees and RVs.

k. Tents. Tents shall be permitted, and their number shall be limited to two tents per rental space. Areas for group tent camping may be established, with the following provisions:

(1) The area set aside for such group use is not a part of any designated open space;

(2) An adequate number of parking spaces is provided;

(3) The area is served by one or more water outlets; and

(4) The area is located no further than 300 feet from a service building.

3. Storage.

a. Sheds. No storage sheds greater than 32 square feet shall be allowed within an RV rental space.

b. Storage Area. If a portion of the facility is reserved for the unoccupied storage of vehicles, boats, or trailers, this area may not exceed 25 percent of the total park area, and must be enclosed by an opaque perimeter measuring a minimum of six feet in height.

4. Utilities. All utilities shall be placed underground. All water and sewer services shall be installed in accordance with state plumbing codes.

5. Electricity. Rental spaces may be equipped with an electrical outlet, installed in accordance with applicable state electrical codes.

6. Refuse Disposal. The storage, collection, and disposal of refuse shall be performed so as to minimize accidents, fire hazards, air pollution, odors, insects, rodents or other nuisance conditions. All refuse shall be stored in durable, washable, and nonabsorbent metal or plastic containers with tight-fitting lids. Such containers shall be provided at the rate of at least one 30-gallon container, secured in a rack or holder, for each rental space, or an equivalent storage capacity in centralized storage facilities. Adequate refuse collection and removal shall be the responsibility of the park owner.

7. All vehicles within the park must be registered with the Department of Motor Vehicles or legally capable of driving on the public roadway.

8. Parking. One off-street parking space shall be provided at each recreational vehicle space. Additional parking spaces shall be provided in parking areas distributed around the park not to be less than one space per 10 RV spaces. Additional parking spaces may not be considered part of the common area. [Ord. 545 § 2 (Exh. B), 2021; Ord. 538 § 2 (Exh. B), 2020; Ord. 442 § 2 (Exh. B), 2007].

This chapter accommodates a range of industrial and commercial land uses in two industrial districts, industrial commercial (IC) and general industrial (GI). Both districts are intended to provide for land use compatibility while providing a high-quality environment for businesses and employees. The GI district is also intended to provide suitable locations for heavy industrial uses (e.g., raw materials processing; and manufacturing, assembly, packaging or distribution of heavy or large goods) that would not otherwise be compatible in other districts. This chapter guides the orderly development of industrial areas based on the following objectives:

A. Provide for efficient use of land and public services;

B. Provide appropriately zoned land with a range of parcel sizes for industry;

C. Provide transportation options for employees and customers;

D. Locate business services close to major employment centers;

E. Ensure compatibility between industrial uses and nearby commercial and residential areas;

F. Provide appropriate design standards to accommodate a range of industrial users;

G. Provide attractive locations for business to locate; and

H. Accommodate mixed-use development of light industrial areas. [Ord. 442 § 2 (Exh. B), 2007].

Table 2.4.110 identifies the land uses that are allowed in the industrial districts. The specific land use categories are described and uses are defined in Chapters 1.3 and 1.4 CDC.

[Ord. 486 Exh. B, 2015; Ord. 442 § 2 (Exh. B), 2007].

A. Purpose. Setback yards and buffers provide separation between industrial and nonindustrial uses for fire protection/security, building maintenance, sunlight and air circulation, noise buffering, and visual separation.

B. Applicability. The setback yard and buffer standards in subsections (C) through (F) of this section are minimum standards that apply to buildings, accessory structures, parking areas, mechanical equipment, and other development, but not buffers as required under subsection (F) of this section. In granting a conditional use permit, the approval body may increase the standard yards and/or buffers consistent with the criteria in Chapter 4.4 CDC. The approval body may also decrease the standard yards and/or buffers through the CUP process, provided that all applicable building and fire safety codes are met.

C. Front and Street Yard Setbacks.

1. General Industrial (GI) District. Minimum of 20 feet;

2. Industrial Commercial (IC) District. Minimum of 10 feet.

D. Rear Yard Setbacks. A minimum of 10 feet is required where an industrial district abuts a commercial district or another industrial district, except common wall buildings with zero-setback are allowed. Fire codes must be met. Where abutting a residential district, a minimum of 30 feet, and conformance with the RL height step-down standards in CDC 2.2.170(C), is required.

E. Side Yard Setbacks. There are no required side yard setbacks, except a minimum of 30 feet and conformance with the RL height step-down standards in CDC 2.2.170(C) is required when an industrial district (GI or IC) abuts an RL district.

F. Buffering Other Yard Requirements.

1. Buffering. The approval body may require landscaping, fences, walls or other buffering that exceed the landscaping standards in Chapter 3.2 CDC when it finds through site design review (Chapter 4.2 CDC), conditional use permit review (Chapter 4.4 CDC), and/or master planned development review (Chapter 4.5 CDC), as applicable, that more or different buffering is necessary to mitigate adverse noise, light, glare, and/or aesthetic impacts to adjacent properties.

2. Pedestrian Access. The approval body may require the construction of pedestrian access ways through required buffers to ensure pedestrian connections within large developments, between multiple development phases, or connecting to public sidewalks, walkways, or multi-use pathways. Access way design shall conform to CDC 3.1.300. [Ord. 442 § 2 (Exh. B), 2007].

A. General Industrial (GI) District. Maximum lot coverage, 90 percent; maximum area of impervious surfaces, 90 percent.

B. Industrial Commercial (IC) District. Maximum lot coverage, 80 percent; maximum area of impervious surfaces, 80 percent. [Ord. 442 § 2 (Exh. B), 2007].

A. Development Compatibility. Industrial uses and developments shall be oriented on the site to minimize adverse impacts (e.g., noise, glare, smoke, dust, exhaust, vibration, etc.) and to provide compatibility with adjacent uses to the extent practicable. The following standards shall apply to all development in the general industrial and industrial commercial districts:

1. Mechanical equipment, lights, emissions, shipping/receiving areas, and other components of an industrial use that are outside enclosed buildings, shall be located away from residential areas, schools, parks and other nonindustrial areas to the maximum extent practicable; and

2. The City may require a landscape buffer, or other visual or sound barrier (fence, wall, landscaping, or combination thereof), to mitigate adverse impacts that cannot be avoided, as provided in CDC 2.4.120.

B. Large-Scale Commercial Development – IC District Only. Developments containing 40,000 square feet or more commercial, retail, wholesale, or office floor area in an industrial commercial (IC) district shall have pedestrian-oriented design. This standard is satisfied when the approval body finds that a development meets the all of the following criteria:

1. The architectural standards in CDC 2.3.170 are met on all buildings. For the purpose of meeting the build-to line standards in CDC 2.3.170(C)(4), the build-to line is parallel to all abutting street property lines at a distance of 20 feet from the street property line; and

2. Developments containing more than one building, including commercial or industrial subdivisions containing outlying commercial pads, shall meet the commercial block layout standards in CDC 2.3.150(D).

C. Landscape Area. Minimum five percent of site in GI and 10 percent of site in IC. [Ord. 442 § 2 (Exh. B), 2007].

The maximum allowable height of buildings and structures in the GI and IC districts is 35 feet, except that taller buildings and structures are allowed when approved as part of a conditional use permit, provided they conform to the RL height step-down standards in CDC 2.2.170(C). [Ord. 442 § 2 (Exh. B), 2007].

A. It is the purpose of this zone to preserve and protect park, recreation and open space lands that contribute to the general welfare and safety, the full enjoyment or the economic well-being of persons who reside, work or travel in, near or around them.

B. This zone may be established, when found necessary, in order:

1. To preserve any existing open land type of use that has been established or is proposed; to encourage development around it, such as a golf course, country club, park and recreation facility, etc., and investments have been or will be made in reliance upon the retention of such open type use.

2. To buffer an otherwise incompatible use or zone.

3. To preserve and maintain wetlands, creeks, natural drainage ways, lakes (natural or artificial), areas unsuitable for intensive development by virtue of physical limitations and environmental control areas for the protection of resource areas and wildlife habitat.

4. To preserve a valuable scenic vista or an area of historical significance.

5. To preserve sensitive lands.

C. When establishing this zone, due regard shall be given the percentage of a total holding being zoned, the investment made or proposed to be made by private or public interests in reliance upon the retention of the open space, the proper balancing of public and private interests that are affected by such action.

D. When used as a buffer, the land being zoned as a PRO-S district shall be part of the holding that creates the necessity for the buffer.

E. In each instance, when this zone is established, the Planning Commission and City Council must establish the findings and purpose for establishment of the zone or the values to be obtained, encouraged or preserved. [Ord. 442 § 2 (Exh. B), 2007].

A. Public parks and playgrounds.

B. Golf courses and country clubs, if compatible with the stated purposes of adoption.

C. Historical areas, structures, interpretive signs and monuments.

D. Natural features and vistas unique to the urban growth area.

E. Community and recreation centers.

F. Accessory structures and uses normal and incidental to uses permitted in this section.

G. Agricultural uses.

H. Recreational facilities, to include tennis courts, swimming pools, etc., which may be indoor or outdoor.

I. Nature preserves, land trusts, and conservation areas.

J. Wetland and/or wildlife mitigation areas.

K. Interpretive signs.

L. Benches.

M. Trails and pathways.

N. Lights.

O. Transportation facilities (operation, maintenance, preservation, and construction in accordance with the City’s transportation system plan). [Ord. 442 § 2 (Exh. B), 2007].

A. Private recreation uses involving no above ground structure except dressing rooms, swimming pool covers, recreation shelters or comfort stations.

B. Cemeteries, provided the only accessory buildings are chapels, administration and maintenance buildings and the only interment facilities are at ground level or below, and no mounds extend above ground level.

C. Public and semi-public buildings related to health and safety services – fire stations, substations, reservoirs, waste water treatment facilities – essential to the physical, social and economic welfare of the area.

D. Equestrian arenas, trails and paths and support facilities. [Ord. 442 § 2 (Exh. B), 2007].

A. Trails and pathways shall be constructed according to Chapter 3.1 CDC, Access and Circulation, or as specified as a condition of approval for a conditional use permit or a master planned development permit.

B. Dedication of right-of-way for a transportation facility in the PRO-S district shall not count toward any open space dedication required for a development approval. [Ord. 442 § 2 (Exh. B), 2007].

It is the purpose of this zone to provide for the public and quasi-public structures and services necessary for the operation, minimum health and safety, and desired present and future quality of life for the City of Creswell. [Ord. 442 § 2 (Exh. B), 2007].

Table 2.6.200 identifies the land uses that are allowed in the public facilities district. The specific uses are defined in Chapter 1.4 CDC; however, uses consistent with the purpose of the district but not included in Chapter 1.4 CDC may also be allowed.

P = Permitted, subject to site/land use review

N = Not permitted

S = Permitted with standards

CU = Conditional Use permit required (Chapter 4.4 CDC)

[Ord. 442 § 2 (Exh. B), 2007].

Except as otherwise provided in this section, the development standards in Table 2.6.300 apply to all uses, structures, buildings, development, and major remodels in this zone. Heights of conditional use structures that are not buildings shall be reviewed through the conditional use permit process. See CDC Article 3 for additional development standards.

[Ord. 442 § 2 (Exh. B), 2007].

Vision clearance shall be provided in accordance with CDC 3.1.200(N). [Ord. 442 § 2 (Exh. B), 2007].

Off-street parking shall be provided in accordance with Chapter 3.3 CDC. [Ord. 442 § 2 (Exh. B), 2007].

For the purpose of protecting solar access, the north side setback shall be sufficient to ensure that the proposed structure shall not shade the south facing walls and/or the rooftops of permitted buildings in the residential districts, nor the rooftops of permitted buildings in the commercial districts, nor the protected area of adjacent vacant north lots in the residential districts between the hours of 9:30 a.m. and 2:30 p.m. on December 21st.

The Planning Commission during site review may grant exceptions to this setback requirement allowing the shading of all or a portion of the south facing walls, rooftops, or protected areas, after finding that substantial difficulties exist with respect to topography, north facing slopes, unusual lot configurations and orientation and practical building design. [Ord. 442 § 2 (Exh. B), 2007].

Landscaping shall be consistent with Chapter 3.2 CDC, Landscaping, Street Trees, Fences and Walls. [Ord. 442 § 2 (Exh. B), 2007].

All necessary loading spaces for public facilities shall comply with CDC 3.3.500, Loading Areas. [Ord. 442 § 2 (Exh. B), 2007].

The State of Oregon has in ORS 197.175 delegated the responsibility to local governmental units to adopt floodplain management regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City of Creswell does ordain as follows. [Ord. 539 § 3 (Exh. C § 1.1), 2020].

A. The flood hazard areas of Creswell are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

B. These flood losses may be caused by the cumulative effect of obstructions in special flood hazard areas which increase flood heights and velocities and, when inadequately anchored, cause damage in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to flood loss. [Ord. 539 § 3 (Exh. C § 1.2), 2020].

It is the purpose of the floodplain overlay zone (/FP) to promote public health, safety, and general welfare, and to minimize public and private losses due to flooding in flood hazard areas by provisions designed to:

A. Protect human life and health;

B. Minimize expenditure of public money for costly flood control projects;

C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

D. Minimize prolonged business interruptions;

E. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in special flood hazard areas;

F. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas so as to minimize blight areas caused by flooding;

G. Notify potential buyers that the property is in a special flood hazard area;

H. Notify those who occupy special flood hazard areas that they assume responsibility for their actions; and

I. Participate in and maintain eligibility for flood insurance and disaster relief. [Ord. 539 § 3 (Exh. C § 1.3), 2020].

In order to accomplish its purposes, this chapter includes methods and provisions for:

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

B. Requiring that development 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;

E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or may increase flood hazards in other areas. [Ord. 539 § 3 (Exh. C § 1.4), 2020].

Definitions

Unless specifically defined in the Floodplain-Related Definitions in Chapter 1.3 CDC, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage. Definitions shall be included under Floodplain-Related Definitions in Chapter 1.3 CDC. [Ord. 539 § 3 (Exh. C § 2.0), 2020].

General Provisions

This chapter shall apply to all special flood hazard areas within the jurisdiction of the City of Creswell, Community Number 401121. [Ord. 539 § 3 (Exh. C § 3.1), 2020].

The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and engineering report entitled “The Flood Insurance Study (FIS) for Lane County, Oregon and Incorporated Areas, Volumes 1-3,” dated June 2, 1999, with accompanying flood insurance rate maps (FIRMs) 41039C1642F and 41039C1661F are hereby adopted by reference and declared to be a part of this chapter. The FIS and FIRM panels are on file at Creswell City Hall, 13 South 1st Street, Creswell, OR 97426. [Ord. 539 § 3 (Exh. C § 3.2), 2020].

Pursuant to the requirement established in ORS 455 that the City of Creswell administers and enforces the State of Oregon Specialty Codes, the City of Creswell does hereby acknowledge that the Oregon Specialty Codes contain certain provisions that apply to the design and construction of buildings and structures located in special flood hazard areas. Therefore, this chapter is intended to be administered and enforced in conjunction with the Oregon Specialty Codes. [Ord. 539 § 3 (Exh. C § 3.3), 2020].

A. Compliance. All development within special flood hazard areas is subject to the terms of this chapter and required to comply with its provisions and all other applicable regulations.

B. Penalties for Noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a public nuisance and shall be subject to enforcement per Chapter 1.5 CDC.

Nothing contained herein shall prevent the City of Creswell from taking such other lawful action as is necessary to prevent or remedy any violation. [Ord. 539 § 3 (Exh. C § 3.4), 2020].

A. Abrogation. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another code, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

B. Severability. This chapter and the various parts thereof are hereby declared to be severable. If any section, clause, sentence, or phrase of the code is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this chapter. [Ord. 539 § 3 (Exh. C § 3.5), 2020].

In the interpretation and application of this chapter, all provisions shall be:

A. Considered as minimum requirements;

B. Liberally construed in favor of the governing body; and

C. Deemed neither to limit nor repeal any other powers granted under state statutes. [Ord. 539 § 3 (Exh. C § 3.6), 2020].

A. Warning. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages.

B. Disclaimer of Liability. This chapter shall not create liability on the part of the City of Creswell, any officer or employee thereof, or the Federal Insurance Administrator for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. [Ord. 539 § 3 (Exh. C § 3.7), 2020].

Administration

The Creswell Planning Director and his/her designee are hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accordance with its provisions. The Floodplain Administrator may delegate authority to implement these provisions. [Ord. 539 § 3 (Exh. C § 4.1), 2020].

Duties of the Floodplain Administrator, or their designee, shall include, but not be limited to:

A. Permit Review. Review all development permits to determine that:

1. The permit requirements of this chapter have been satisfied;

2. All other required local, state, and federal permits have been obtained and approved;

3. Review all development permits to determine if the proposed development is located in a floodway. If located in the floodway assure that the floodway provisions of this chapter in CDC 2.7.270(D) are met;

4. Review all development permits to determine if the proposed development is located in an area where base flood elevation (BFE) data is available either through the flood insurance study (FIS) or from another authoritative source. If BFE data is not available, then ensure compliance with the provisions of CDC 2.7.260(G);

5. Provide to building officials the base flood elevation (BFE) and one foot of freeboard applicable to any building requiring a development permit;

6. Review all development permit applications to determine if the proposed development qualifies as a substantial improvement as defined in Chapter 1.3 CDC;

7. Review all development permits to determine if the proposed development activity is a watercourse alteration. If a watercourse alteration is proposed, ensure compliance with the provisions in CDC 2.7.260(A); and

8. Review all development permits to determine if the proposed development activity includes the placement of fill or excavation.

B. Information to Be Obtained and Maintained. The following information shall be obtained and maintained and shall be made available for public inspection as needed:

1. Obtain, record, and maintain the actual elevation (in relation to mean sea level) of the lowest floor (including basements) and all attendant utilities of all new or substantially improved structures where base flood elevation (BFE) data is provided through the flood insurance study (FIS), flood insurance rate map (FIRM), or obtained in accordance with CDC 2.7.260(G).

2. Obtain and record the elevation (in relation to mean sea level) of the natural grade of the building site for a structure prior to the start of construction and the placement of any fill and ensure that the requirements of CDC 2.7.230(A)(2) and 2.7.270(D) are adhered to.

3. Upon placement of the lowest floor of a structure (including basement) but prior to further vertical construction, obtain documentation, prepared and sealed by a professional licensed surveyor or engineer, certifying the elevation (in relation to mean sea level) of the lowest floor (including basement).

4. Where base flood elevation data are utilized, obtain as-built certification of the elevation (in relation to mean sea level) of the lowest floor (including basement) prepared and sealed by a professional licensed surveyor or engineer, prior to the final inspection.

5. Maintain all elevation certificates (EC) submitted to the City of Creswell.

6. Obtain, record, and maintain the elevation (in relation to mean sea level) to which the structure and all attendant utilities were floodproofed for all new or substantially improved floodproofed structures where allowed under this chapter and where base flood elevation (BFE) data is provided through the FIS, FIRM, or obtained in accordance with CDC 2.7.260(G).

7. Maintain all floodproofing certificates required under this chapter.

8. Record and maintain all variance actions, including justification for their issuance.

9. Obtain and maintain all hydrologic and hydraulic analyses performed as required under CDC 2.7.270(D).

10. Record and maintain all substantial improvement and substantial damage calculations and determinations as required under CDC 2.7.230(D).

11. Maintain for public inspection all records pertaining to the provisions of this chapter.

C. Requirement to Notify Other Entities and Submit New Technical Data.

1. Community Boundary Alterations. The Creswell City Planner shall notify the Federal Insurance Administrator in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed authority or no longer has authority to adopt and enforce floodplain management regulations for a particular area, to ensure that all flood hazard boundary maps (FHBMs) and flood insurance rate maps (FIRMs) accurately represent the community’s boundaries. Include within such notification a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority.

2. Watercourse Alterations. Notify adjacent communities, the Department of Land Conservation and Development, and other appropriate state and federal agencies, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. This notification shall be provided by the applicant to the Federal Insurance Administration as a letter of map revision (LOMR) along with either:

a. A proposed maintenance plan to assure the flood-carrying capacity within the altered or relocated portion of the watercourse is maintained; or

b. Certification by a registered professional engineer that the project has been designed to retain its flood-carrying capacity without periodic maintenance.

The applicant shall be required to submit a conditional letter of map revision (CLOMR) when required under CDC 2.7.230(C)(3). Ensure compliance with all applicable requirements in CDC 2.7.230(C)(3) and 2.7.260(A).

3. Requirement to Submit New Technical Data. A community’s base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with 44 CFR 65.3. The community may require the applicant to submit such data and review fees required for compliance with this section through the applicable FEMA letter of map change (LOMC) process.

The Floodplain Administrator shall require a conditional letter of map revision prior to the issuance of a floodplain development permit for:

a. Proposed floodway encroachments that increase the base flood elevation; and

b. Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway.

An applicant shall notify FEMA within six months of project completion when an applicant has obtained a conditional letter of map revision (CLOMR) from FEMA. This notification to FEMA shall be provided as a letter of map revision (LOMR).

4. Responsible Party.

a. The applicant shall be responsible for preparing all technical data to support CLOMR/LOMR applications and paying any processing or application fees associated with the CLOMR/LOMR.

b. The Floodplain Administrator shall be under no obligation to sign the community acknowledgment form, which is part of the CLOMR/LOMR application, until the applicant demonstrates that the project will meet or has met the requirements of this chapter and all applicable state and federal permits.

D. Substantial Improvement and Substantial Damage Assessments and Determinations. Conduct substantial improvement (SI) (as defined in Chapter 1.3 CDC) reviews for all structural development proposal applications and maintain a record of SI calculations within permit files in accordance with CDC 2.7.230(B). Conduct substantial damage (SD) (as defined in Chapter 1.3 CDC) assessments when structures are damaged due to a natural hazard event or other causes. Make SD determinations whenever structures within the special flood hazard area (as established in CDC 2.7.160) are damaged to the extent that the cost of restoring the structure to its before-damaged condition would equal or exceed 49 percent of the market value of the structure before the damage occurred. [Ord. 539 § 3 (Exh. C § 4.2), 2020].

A. Floodplain Development Permit Required. A Type I (land use review), Type II (site design review), or Type III (conditional use permit) and necessary building permits shall be obtained before construction or development begins within any area horizontally within the special flood hazard area established in CDC 2.7.160. The development permit shall be required for all structures, including manufactured dwellings, and for all other development, as defined in Chapter 1.3 CDC, including fill and other development activities.

B. Application for Development Permit. Application for a development permit may be made on forms furnished by the Floodplain Administrator and may include, but not be limited to, required materials as specified by Chapter 4.1 CDC, based on the scale of the proposed project, which include but are not limited to:

1. Plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question;

2. Existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the proposed development. Specifically, the following information is required:

a. In riverine flood zones, the proposed elevation (in relation to mean sea level) of the lowest floor (including basement) and all attendant utilities of all new and substantially improved structures; in accordance with the requirements of CDC 2.7.230(B).

b. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed.

c. Certification by a registered professional engineer or architect licensed in the State of Oregon that the floodproofing methods proposed for any nonresidential structure meet the floodproofing criteria for nonresidential structures in 2.7.270(C)(3).

d. Description of the extent to which any watercourse will be altered or relocated.

e. Base flood elevation data for subdivision proposals or other development when required per CDC 2.7.230(A) and 2.7.260(F).

f. Substantial improvement calculation for any improvement, addition, reconstruction, renovation, or rehabilitation of an existing structure.

g. The amount and location of any fill or excavation activities proposed. [Ord. 539 § 3 (Exh. C § 4.3), 2020].

The issuance of a floodplain variance is for management purposes only and shall follow procedures and approval criteria as specified by Chapter 5.1 CDC as a Class C variance (Type III) in addition to the conditions of this section.

Flood insurance premium rates are determined by federal statute according to actuarial risk and will not be modified by the granting of a variance.

A. Conditions for Variances.

1. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the provisions of subsections (A)(3), (A)(5) and (B) of this section. As the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases.

2. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

3. Variances shall not be issued within any floodway if any increase in flood levels during the base flood discharge would result.

4. Variances shall only be issued upon:

a. A showing of good and sufficient cause;

b. A determination that failure to grant the variance would result in exceptional hardship to the applicant;

c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing laws or codes.

5. Variances may be issued by the City of Creswell for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use; provided, that the criteria of subsections (A)(2) through (4) of this section are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

B. Variance Notification. Any applicant to whom a variance is granted shall be given written notice that the issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance and that such construction below the base flood elevation increases risks to life and property. Such notification and a record of all variance actions, including justification for their issuance, shall be maintained in accordance with CDC 2.7.230(B). [Ord. 539 § 3 (Exh. C § 4.4), 2020].

Provisions for Flood Hazard Reduction

In all special flood hazard areas, the following standards shall be adhered to:

A. Alteration of Watercourses. Require that the flood-carrying capacity within the altered or relocated portion of said watercourse is maintained. Require that maintenance is provided within the altered or relocated portion of said watercourse to ensure that the flood-carrying capacity is not diminished. Require compliance with CDC 2.7.230(C)(2) and (3).

B. Anchoring.

1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

2. All manufactured dwellings shall be anchored per CDC 2.7.270(C)(4).

C. 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.

D. Utilities and Equipment.

1. Water Supply, Sanitary Sewer, and On-Site Waste Disposal Systems.

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

b. 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.

c. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding consistent with the Oregon Department of Environmental Quality.

2. Electrical, Mechanical, Plumbing, and Other Equipment. Electrical, heating, ventilating, air-conditioning, plumbing, duct systems, and other equipment and service facilities shall be elevated at least one foot above the base flood level or shall be designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during conditions of flooding.

a. If electrical, heating, ventilating, air-conditioning, plumbing, duct systems, and other equipment and service facilities are replaced as part of a substantial improvement, the equipment shall meet all the requirements of this section.

E. Tanks.

1. Underground tanks shall be anchored to prevent flotation, collapse and lateral movement under conditions of the base flood.

2. Above-ground tanks shall be installed at or at least one foot above the base flood level or shall be anchored to prevent flotation, collapse, and lateral movement under conditions of the base flood.

F. Subdivision Proposals and Other Proposed Developments.

1. All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) greater than 50 lots or five acres, whichever is the lesser, shall include within such proposals base flood elevation data.

2. All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) shall:

a. Be consistent with the need to minimize flood damage.

b. Have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage.

c. Have adequate drainage provided to reduce exposure to flood hazards.

G. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with CDC 2.7.160 the local Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation data available from a federal, state, or other source, in order to administer this section and CDC 2.7.270. All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) must meet the requirements of CDC 2.7.260(F).

Base flood elevations shall be determined for development proposals that are five acres or more in size or are 50 lots or more, whichever is lesser, in any A Zone that does not have an established base flood elevation. Development proposals located within a riverine unnumbered A Zone shall be reasonably safe from flooding; the test of reasonableness includes use of historical data, high water marks, FEMA-provided base level engineering data, and photographs of past flooding where available.

At a minimum, residential structures, and nonresidential structures that are not dry-floodproofed, shall be elevated at least two feet above highest adjacent grade. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates.

H. Structures Located in Multiple or Partial Flood Zones. In coordination with the State of Oregon Specialty Codes:

1. When a structure is located in multiple flood zones on the community’s flood insurance rate maps (FIRMs) the provisions for the more restrictive flood zone shall apply.

2. When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements for new construction and substantial improvements.

I. Critical Facilities. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area. Construction of new critical facilities shall be permissible within the SFHA only if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above the base flood elevation (BFE) or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility shall 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. [Ord. 539 § 3 (Exh. C § 5.1), 2020].

These specific standards shall apply to all new construction and substantial improvements in addition to the general standards contained in CDC 2.7.260.

A. Flood Openings. All new construction and substantial improvements with fully enclosed areas below the lowest floor (excluding basements) are subject to the following requirements:

Enclosed areas below the base flood elevation, including crawlspaces, shall:

1. Be designed to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters;

2. Be used solely for parking, storage, or building access;

3. Be certified by a registered professional engineer or architect or meet or exceed all of the following minimum criteria:

a. A minimum of two openings,

b. The total net area of nonengineered openings shall be not less than one square inch for each square foot of enclosed area, where the enclosed area is measured on the exterior of the enclosure walls,

c. The bottom of all openings shall be no higher than one foot above grade,

d. Openings may be equipped with screens, louvers, valves, or other coverings or devices; provided, that they shall allow the automatic flow of floodwater into and out of the enclosed areas and shall be accounted for in the determination of the net open area,

e. All additional higher standards for flood openings in the State of Oregon Residential Specialty Codes Section R322.2.2 shall be complied with when applicable.

B. Garages.

1. Attached garages may be constructed with the garage floor slab below the base flood elevation (BFE) in riverine flood zones, if the following requirements are met:

a. If located within a floodway the proposed garage must comply with the requirements of subsection (D) of this section;

b. The floors are at or above grade on not less than one side;

c. The garage is used solely for parking, building access, and/or storage;

d. The garage is constructed with flood openings in compliance with subsection (A) of this section to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater;

e. The portions of the garage constructed below the BFE are constructed with materials resistant to flood damage;

f. The garage is constructed in compliance with the standards in CDC 2.7.260; and

g. The garage is constructed with electrical and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood.

2. Detached garages must be constructed in compliance with the standards for appurtenant structures in subsection (C)(6) of this section or nonresidential structures in subsection (C)(3) of this section depending on the square footage of the garage.

C. For Riverine (Noncoastal) Special Flood Hazard Areas with Base Flood Elevations. In addition to the general standards listed in CDC 2.7.260 the following specific standards shall apply in riverine (noncoastal) special flood hazard areas with base flood elevations (BFE): Zones A1-A30, AH, and AE.

1. Before Regulatory Floodway. In areas where a regulatory floodway has not been designated, no new construction, substantial improvement, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community’s flood insurance rate map (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 at any point within the community.

2. Residential Construction.

a. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at least one foot above the base flood elevation (BFE).

b. Enclosed areas below the lowest floor shall comply with the flood opening requirements in subsection (A) of this section.

3. Nonresidential Construction.

a. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall:

(1) Have the lowest floor, including basement, elevated at least one foot above the base flood elevation (BFE);

Or, together with attendant utility and sanitary facilities:

(2) Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

(3) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

(4) 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 section based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the Floodplain Administrator as set forth in CDC 2.7.230(B).

b. Nonresidential structures that are elevated, not floodproofed, shall comply with the standards for enclosed areas below the lowest floor in subsection (A) of this section.

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

d. Applicants shall supply a maintenance plan for the entire structure to include but not be limited to: exterior envelope of structure; all penetrations to the exterior of the structure; all shields, gates, barriers, or components designed to provide floodproofing protection to the structure; all seals or gaskets for shields, gates, barriers, or components; and, the location of all shields, gates, barriers, and components, as well as all associated hardware, and any materials or specialized tools necessary to seal the structure.

e. Applicants shall supply an emergency action plan (EAP) for the installation and sealing of the structure prior to a flooding event that clearly identifies what triggers the EAP and who is responsible for enacting the EAP.

4. Manufactured Dwellings.

a. New or substantially improved manufactured dwellings supported on solid foundation walls shall be constructed with flood openings that comply with subsection (A) of this section;

b. The bottom of the longitudinal chassis frame beam shall be at or above base flood elevation;

c. New or substantially improved manufactured dwellings 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 Home Installation in Flood Hazard Areas” guidebook for additional techniques); and

d. Electrical crossover connections shall be a minimum of 12 inches above base flood elevation (BFE).

5. Recreational Vehicles. Recreational vehicles placed on sites within the SFHA are required to:

a. Be on the site for fewer than 180 consecutive days; and

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

c. Meet the requirements of subsection (C)(4) of this section, including the anchoring and elevation requirements for manufactured dwellings.

6. Appurtenant (Accessory) Structures. Relief from elevation or floodproofing requirements for residential and nonresidential structures in riverine (noncoastal) flood zones may be granted for appurtenant structures that meet the following requirements:

a. Appurtenant structures located partially or entirely within the floodway must comply with requirements for development within a floodway found in subsection (D) of this section.

b. Appurtenant structures must only be used for parking, access, and/or storage and shall not be used for human habitation.

c. In compliance with State of Oregon Specialty Codes, appurtenant structures on properties that are zoned residential are limited to one-story structures less than 200 square feet, or 400 square feet if the property is greater than two acres in area and the proposed appurtenant structure will be located a minimum of 20 feet from all property lines. Appurtenant structures on properties that are zoned as nonresidential are limited in size to 120 square feet.

d. The portions of the appurtenant structure located below the base flood elevation must be built using flood-resistant materials.

e. The appurtenant structure must be adequately anchored to prevent flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood.

f. The appurtenant structure must be designed and constructed to equalize hydrostatic flood forces on exterior walls and comply with the requirements for flood openings in subsection (A) of this section.

g. Appurtenant structures shall be located and constructed to have low damage potential.

h. Appurtenant structures shall not be used to store toxic material, oil, or gasoline, or any priority persistent pollutant identified by the Oregon Department of Environmental Quality unless confined in a tank installed in compliance with CDC 2.7.260(E).

i. Appurtenant structures shall be constructed with electrical, mechanical, and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood.

7. Below-Grade Crawlspaces.

a. The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Hydrostatic loads and the effects of buoyancy can usually be addressed through the required flood openings stated in subsection (A) of this section. Because of hydrodynamic loads, crawlspace construction is not allowed in areas with flood velocities greater than five feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer. Other types of foundations are recommended for these areas.

b. The crawlspace is an enclosed area below the base flood elevation (BFE) and, as such, must have openings that equalize hydrostatic pressures by allowing the automatic entry and exit of floodwaters. The bottom of each flood vent opening can be no more than one foot above the lowest adjacent exterior grade.

c. Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawlspace used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE. The recommended construction practice is to elevate the bottom of joists and all insulation above BFE.

d. Any building utility systems within the crawlspace must be elevated above BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. Ductwork, in particular, must either be placed above the BFE or sealed from floodwaters.

e. The interior grade of a crawlspace below the BFE must not be more than two feet below the lowest adjacent exterior grade.

f. The height of the below-grade crawlspace, measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall, must not exceed four feet at any point. The height limitation is the maximum allowable unsupported wall height according to the engineering analyses and building code requirements for flood hazard areas.

g. There must be an adequate drainage system that removes floodwaters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event. The type of drainage system will vary because of the site gradient and other drainage characteristics, such as soil types. Possible options include natural drainage through porous, well-drained soils and drainage systems such as perforated pipes, drainage tiles or gravel or crushed stone drainage by gravity or mechanical means.

h. The velocity of floodwaters at the site shall not exceed five feet per second for any crawlspace. For velocities in excess of five feet per second, other foundation types should be used.

D. Floodways. Located within the special flood hazard areas established in CDC 2.7.160 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of the floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless:

a. Certification by a registered professional civil engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment shall not result in any increase in flood levels within the community during the occurrence of the base flood discharge; or

b. A community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations; provided, that a conditional letter of map revision (CLOMR) is applied for and approved by the Federal Insurance Administrator, and the requirements for such revision as established under 44 CFR 65.12 are fulfilled; or

c. An encroachment proposal resulting in an increase in base flood elevation meets the following criteria:

(1) Is for the purpose of fish enhancement,

(2) Does not involve the placement of any structures (as defined in Chapter 1.3 CDC) within the floodway,

(3) Has a feasibility analysis completed documenting that fish enhancement will be achieved through the proposed project,

(4) Has a maintenance plan in place to ensure that the stream carrying capacity is not impacted by the fish enhancement project,

(5) Has approval by the National Marine Fisheries Service, the State of Oregon Department of Fish and Wildlife, or the equivalent federal or state agency, and

(6) Has evidence to support that no existing structures will be negatively impacted by the proposed activity;

Then an approved CLOMR may be required prior to approval of a floodplain permit.

2. If the requirements of subsection (D)(1) of this section are satisfied, all new construction, substantial improvements, and other development shall comply with all other applicable flood hazard reduction provisions of CDC 2.7.260 and this section.

E. Standards for Shallow Flooding Areas. Shallow flooding areas appear on FIRMs as AO zones with depth designations or as AH zones with base flood elevations. For AO zones the base flood depths range from one to three feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. For both AO and AH zones, adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures.

1. Standards for AH Zones. Development within AH Zones must comply with the standards in CDC 2.7.260 and this section and subsection.

2. Standards for AO Zones. In AO zones, the following provisions apply in addition to the requirements in CDC 2.7.260 and this subsection:

a. New construction and substantial improvement of residential structures and manufactured dwellings within AO zones shall have the lowest floor, including basement, elevated above the highest grade adjacent to the building, a minimum of one foot above the depth number specified on the flood insurance rate maps (FIRMs) (at least two feet if no depth number is specified). For manufactured dwellings the lowest floor is considered to be the bottom of the longitudinal chassis frame beam.

b. 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, at least one foot above the depth number specified on the flood insurance rate maps (FIRMs) (at least two feet if no depth number is specified); or

(2) Together with attendant utility and sanitary facilities, be completely floodproofed to at least one foot above the depth number specified on the FIRM or a minimum of two feet above the highest adjacent grade if no depth number is specified, 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 the effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as stated in subsection (C)(3)(a)(4) of this section.

c. Recreational vehicles placed on sites within AO Zones on the community’s flood insurance rate maps (FIRMs) shall either:

(1) Be on the site for fewer than 180 consecutive days; and

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

(3) Meet the elevation requirements of subsection (E)(2)(a) of this section, and the anchoring and other requirements for manufactured dwellings of subsection (C)(4) of this section.

d. In AO Zones, new and substantially improved appurtenant structures must comply with the standards in subsection (C)(6) of this section.

e. In AO Zones, enclosed areas beneath elevated structures shall comply with the requirements in subsection (A) of this section. [Ord. 539 § 3 (Exh. C § 5.2), 2020].

The purpose of the airport overlay district is to encourage and support the continued operation of Creswell Municipal Airport (Hobby Field) by establishing compatibility and safety standards to promote air navigational safety and to mitigate the impact of the airport on surrounding land uses. The airport overlay shall be used in conjunction with the underlying district, which shall control the primary land use but is subject to the additional standards and limitations imposed by this overlay. All overlay approaches and zones shall be consistent with the airport layout plan currently approved and/or adopted, and hereafter amended and updated. [Ord. 442 § 2 (Exh. B), 2007].

The airport elevation, the airport noise impact boundary, and the location and dimensions of the runway, approach surface, horizontal surface, conical surface and transitional surface are delineated for the area and maps are available at the Creswell City Hall. All lands, waters, and airspace, or portions thereof, that are located within these boundaries or surfaces are subject to the requirements of this overlay. [Ord. 442 § 2 (Exh. B), 2007].

All uses permitted by the underlying zone must comply with the height limitations in this section. When height limitations of the underlying zone are more restrictive than those of this overlay zone, the underlying zone height limitations shall apply.

A. Except as provided in subsections (B) and (C) of this section, no structure or tree, plant or other object of natural growth is permitted to penetrate an airport imaginary surface.

B. For areas within airport imaginary surfaces but outside the approach and transition surfaces, where the terrain is at higher elevations than the airport runway surfaces such that existing structures and permitted development penetrate or would penetrate the airport imaginary surfaces, a local government may authorize structures up to 35 feet in height.

C. Other height exceptions or variances may be permitted when supported in writing by the airport sponsor, the Department of Aviation, and the FAA. Applications for height variances must follow the procedures for other variances in Chapter 5.1 CDC, Variances, and are subject to such conditions and terms as recommended by the Department of Aviation and the FAA. [Ord. 442 § 2 (Exh. B), 2007].

Refer to Chapter 4.1 CDC, Types of Review Procedures, for materials to be included with building permits, land use review permits, or any other permits or approval required by this chapter. In addition to those requirements, the following shall be submitted:

A. A map or drawing showing the location of the property in relation to the airport imaginary surfaces. The City Manager will provide the applicant with appropriate base maps upon which to locate the property.

B. Elevation profiles and a site plan, both drawn to scale, including the location and height of all existing and proposed structures, measured in feet above mean sea level.

C. If a height variance is requested, letters of support from the airport sponsor, the Department of Aviation, and the FAA. [Ord. 442 § 2 (Exh. B), 2007].

Applications for development or building permits for properties within the boundaries of this overlay zone must comply with the requirements of this section as provided herein.

A. Noise within Noise Impact Boundaries. Within airport noise impact boundaries, land uses must be established consistent with the levels identified in OAR 660, Division 13, Exhibit 5. A declaration of anticipated noise levels must be attached to any subdivision or partition approval or other land use approval or building permit affecting land within airport noise impact boundaries. In areas where the noise level is anticipated to be at or above 55 Ldn (also abbreviated DNL by some sources), prior to issuance of a building permit for construction of a noise sensitive land use (real property normally used for sleeping or as a school, church, hospital, public library or similar use), the permit applicant is required to demonstrate that a noise abatement strategy will be incorporated into the building design that will achieve an indoor noise level equal to or less than 55 Ldn.

B. Outdoor Lighting. No new or expanded industrial, commercial, or recreational use is permitted to project lighting directly onto an existing runway or taxiway or into existing airport approach surfaces except where necessary for safe and convenient air travel. Lighting for these uses must incorporate shielding in their designs to reflect light away from airport approach surfaces. No use is permitted to imitate airport lighting or impede the ability of pilots to distinguish between airport lighting and other lighting.

C. Glare. No glare producing material, including but not limited to unpainted metal or reflective glass, is permitted to be used on the exterior of structures located within an approach surface or on nearby lands where glare could impede a pilot’s vision.

D. Industrial Emissions. No new industrial, mining, or similar use, or expansion of an existing industrial, mining, or similar use, is permitted to cause emissions of smoke, dust, or steam as a part of its regular operations that could obscure visibility within airport approach surfaces, except upon demonstration, supported by substantial evidence, that mitigation measures imposed as approval conditions will reduce the potential for safety risk or incompatibility with airport operations to an insignificant level. The review authority may impose such conditions as necessary to ensure that the use does not obscure visibility.

E. Communications Facilities and Electrical Interference. No use is permitted to cause or create electrical interference with navigational signals or radio communications between an airport and aircraft. Proposals for the location of new or expanded radio, radiotelephone, and television transmission facilities and electrical transmission lines within this overlay zone must be coordinated with the Department of Aviation and the FAA prior to approval. Approval of cellular and other telephone or radio communication towers on leased property located within airport imaginary surfaces are to be conditioned to require their removal within 90 days following the expiration of the lease agreement. A bond or other security is required to ensure this result.

F. Bird Strike Hazards. Notwithstanding any other provisions of this title, no use may be made of land or water within any zone established by this title in such a manner as to create bird strike hazards.

G. Use Prohibitions and Development Standards in Runway Protection Zone (RPZ). Notwithstanding the underlying zoning, the following land use limitations apply to the RPZ:

1. New residential development is prohibited.

2. Public assembly facilities are prohibited.

H. Landfills. No new sanitary landfills, sewage lagoons, sewage sludge disposal facilities or similar facilities are permitted within 5,000 feet from any airport runway used by only piston-type aircraft or within 10,000 feet of any airport runway used by turbojet aircraft. Expansions of existing landfill or sewage treatment or disposal facilities within these distances are permitted only upon demonstration that the landfills are designed and will operate so as not to increase the likelihood of bird/aircraft collisions. Timely notice of any proposed expansion must be provided to the airport sponsor, the Department of Aviation and the FAA, and any approval must be accompanied by such conditions as are necessary to ensure that an increase in bird/aircraft collisions is not likely to result. [Ord. 442 § 2 (Exh. B), 2007].

Any use or activity that would result in the establishment or expansion of a water impoundment must comply with the requirements of this section. No new or expanded water impoundments of one-quarter acre in size or larger are permitted:

A. Within an approach surface and within 5,000 feet from the end of a runway; or

B. On land owned by the airport sponsor that is necessary for airport operations. [Ord. 442 § 2 (Exh. B), 2007].

A. Notwithstanding the requirements of this chapter, wetland mitigation, creation, enhancement or restoration projects located within areas regulated under this chapter are allowed upon demonstration of compliance with the requirements of this section. When conflicting provisions exist, the more restrictive provision applies.

B. Wetland mitigation, creation, enhancement or restoration projects existing or approved on the effective date of the ordinance codified in this chapter and located within areas regulated under this chapter are recognized as lawfully existing uses.

C. To help avoid increasing safety hazards to air navigation near public use airports, the establishment of wetland mitigation banks in the vicinity of such airports but outside approach surfaces is encouraged.

D. Applications to expand wetland mitigation projects in existence as of the effective date of the ordinance codified in this chapter, and new wetland mitigation projects that are proposed within areas regulated under this chapter, are to be considered utilizing the review process applied to applications for Chapter 4.4 CDC, Conditional Use Permits, and are permitted upon demonstration that:

1. It is not practicable to provide off-site mitigation; or

2. The affected wetlands provide unique ecological functions, such as critical habitat for threatened or endangered species or ground water discharge, and the area proposed for mitigation is located outside an approach surface.

E. Wetland mitigation permitted under subsection (D) of this section must be designed and located to avoid creating a wildlife hazard or increasing hazardous movements of birds across runways or approach surfaces.

F. Applications to create, enhance, or restore wetlands that are proposed to be located within approach surfaces or within areas regulated under this chapter, and that would result in the creation of a new water impoundment or the expansion of an existing water impoundment, must be considered utilizing the review process applied to applications under Chapter 4.4 CDC, Conditional Use Permits, and are permitted upon demonstration that:

1. The affected wetlands provide unique ecological functions, such as critical habitat for threatened or endangered species or ground water discharge; and

2. The wetland creation, enhancement or restoration is designed and will be maintained in perpetuity in a manner that will not increase hazardous movements of birds feeding, watering or roosting in areas across runways or approach surfaces.

G. Proposals for new or expanded wetland mitigation, creation, enhancement, or restoration projects regulated under this section must be coordinated with the airport sponsor, the Department of Aviation, the FAA and FAA’s technical representative, the Oregon Department of Fish and Wildlife (ODFW), the Oregon Department of State Lands (DSL), the U.S. Fish and Wildlife Service (USFWS), and the U.S. Army Corps of Engineers (Corps) as part of the permit application.

H. A decision approving an application under this section must require, as conditions of approval, measures and conditions deemed appropriate and necessary to prevent in perpetuity an increase in hazardous bird movements across runways and approach surfaces. [Ord. 442 § 2 (Exh. B), 2007].

A. These regulations are not to be construed to require the removal, lowering or alteration of any structure not conforming to these regulations. These regulations may not require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of the ordinance codified in this chapter. Chapter 5.2 CDC, Nonconforming Uses and Developments, governs nonconforming uses and developments.

B. Notwithstanding subsection (A) of this section, the owner of any existing structure that has an adverse effect on air navigational safety as determined by the Department of Aviation or airport owner, must install or allow the installation of obstruction markers as deemed necessary by the Department of Aviation or airport owner, so that the structures become more visible to pilots.

C. No land use or limited land use approval or other permit can be granted that would allow a nonconforming use or structure to become a greater hazard to air navigation than it was on the effective date of the ordinance codified in this chapter. [Ord. 442 § 2 (Exh. B), 2007].

Within this overlay zone, the owners of properties that are the subjects of applications for land use or limited land use decisions, for building permits for new residential, commercial, industrial, institutional or recreational buildings or structures intended for inhabitation or occupancy by humans or animals, or for expansions of such buildings or structures by the lesser of 50 percent or 1,000 square feet, must, as a condition of obtaining such approval or permits, dedicate an avigation easement to the airport sponsor. The avigation easement must be in a form acceptable to the airport sponsor and must be signed and recorded in the deed records of the county. The avigation easement must allow unobstructed passage for aircraft and ensure safety and use of the airport for the public. Property owners or their representatives are responsible for providing the recorded instrument prior to issuance of building permits. [Ord. 442 § 2 (Exh. B), 2007].

The resort commercial overlay is intended to designate those areas identified by the Creswell comprehensive plan as suitable for accommodating large-scale concentrations of recreationally oriented uses. It is the intent of this overlay that such uses represent an internally consistent development pattern that is compatible and closely related to the recreational resources upon which they rely. Examples of such resources are lakes or other bodies of water, golf courses and related amenities, amusement centers and the like. Recreational uses allowed in this overlay must also be compatible with adjacent agricultural uses. Traditional residential and commercial uses shall not be permitted within this subzone except when shown as necessary to support the primary recreationally oriented uses. The burden of proof is on the applicant to show that all aspects of the development are clearly related to the recreational resource. [Ord. 449 § 2(a), 2007; Ord. 442 § 2 (Exh. B), 2007].

The following uses are permitted in the resort commercial overlay, subject to the provisions of CDC 2.9.300 and 2.9.400 and subject to any additional requirements of the underlying commercial zone:

A. Motels, hotels, and convention centers.

B. Single-family dwellings, townhouses, dwellings subject to ORS Chapter 94 and other residential uses primarily marketed under time-sharing provisions.

C. Clubhouses.

D. Restaurants.

E. Sports and playground facilities.

F. Facilities shown to be necessary to the support and service of primary recreational uses and that are consistent with the intent of this overlay.

G. Other recreationally oriented uses consistent with the development plans for the overlay and that are approved by the Planning Commission. [Ord. 449 §§ 2(b) and (c), 2007; Ord. 442 § 2 (Exh. B), 2007].

The following uses are not permitted in the resort commercial overlay, subject to any additional requirements of the underlying commercial zone:

A. Medical marijuana facilities.

B. [Reserved] [Ord. 486 Exh. B, 2015].

The height of structures or objects in this overlay shall not exceed the maximum height prescribed by the underlying commercial zone. Because of the proximity of some portions of this overlay to the airport overlay, all persons involved in development within this overlay zone should check to assure compliance with the airport overlay requirements. [Ord. 442 § 2 (Exh. B), 2007].

Development within the resort commercial overlay shall be subject to the provisions of Chapter 4.5 CDC, the master planned development procedures. Specifically, no segment or phase of a development within the resort commercial overlay shall be approved until a conceptual plan for the entire development has been approved by the Planning Commission, pursuant to the requirements of Chapter 4.5 CDC. Facilities and improvements proposed for a development must be shown to conform to Creswell public facilities plan(s) and the Creswell comprehensive plan. The provisions of Chapter 4.5 CDC shall be implemented by the Planning Commission within the guidelines set out in CDC 2.9.100. [Ord. 442 § 2 (Exh. B), 2007].

The primary purposes of the riparian protection and wetlands (RPW) overlay are to:

A. Protect and enhance water quality;

B. Achieve and maintain compliance with state and federal laws and water quality standards;

C. Prevent property damage during floods and storms;

D. Limit development activity in designated riparian corridors and wetlands;

E. Protect native plant species;

F. Maintain and enhance fish and wildlife habitats; and

G. Conserve scenic and recreational values of riparian areas and wetlands. [Ord. 560 § 3 (Exh. D), 2023; Ord. 442 § 2 (Exh. B), 2007].

A. The RPW overlay consists of three component areas defined in subsection (C) of this section that follow and generally describe: (1) the area within the river channel’s banks, (2) the protective overlay zone as measured from the top of the bank, and (3) wetlands. Areas developed prior to adoption of this section are acknowledged as preexisting conditions and are allowed to continue as nonconforming uses as governed by Chapter 5.2 CDC.

B. For the purposes of this chapter, “development” means buildings and any other development requiring a building permit, or any alteration of land in the overlay by fill, grading, heavy equipment crossings, or construction of an impervious surface, including paved or gravel parking areas or paths and any land clearing activity such as removal of trees or other vegetation.

C. The three components of the RPW overlay zone are defined as:

1. The area within the channel limits of a water feature (from top of one bank to top of the opposite bank) identified in subsection (C)(2) of this section. For a given stream, river, or channel the top of bank is the same as the “bankfull stage” (see Chapter 1.3 CDC, Definitions).

2. The overlay zone measured horizontally upland from the top of bank is as follows:

a. Overlay zone from top of bank, in average cubic feet per second (CFS):

Figure 2.10.200(C)(1) – Typical Stream Diagram

Figure 2.10.200(C)(2) – Typical Lake Diagram

3. The overlay zone also includes:

a. Wetlands, including those mapped on the local wetland inventory, or as shown in an approved wetland delineation.

4. The provisions of the RPW overlay do not exempt persons or property from state or federal laws that regulate protected lands, water, wetland, or habitat areas. In addition to the restrictions and requirements of this section, all proposed development activities within any jurisdictional wetland are also subject to applicable state and federal agency standards, permits and approval, including but not limited to the Department of State Lands (DSL) and Army Corps of Engineers (ACE). Copies of application materials submitted to all state and federal agencies (such as but not limited to DSL and ACE) for permitting must be included in the application to the City in order for it to be deemed complete. [Ord. 560 § 3 (Exh. D), 2023; Ord. 442 § 2 (Exh. B), 2007].

A. In addition to the requirements of the underlying zone, the following limitations and exceptions shall apply:

1. Removal of Vegetation. The removal of vegetation from the RPW overlay is prohibited, except for the following uses after City Manager approval:

a. Replacement of vegetation with native riparian species as is necessary for restoration activities;

b. Removal of nonnative vegetation and replacement with native plant species;

c. For the development of water-related or water-dependent uses, provided they are designed and constructed to minimize impact on the existing riparian vegetation;

d. Removal of emergent in-channel vegetation that has the potential to cause flooding;

e. Removal of excess debris deposited by a flood event;

f. Removal of trees demonstrated to be a potential hazard to property or human life;

g. In-channel erosion or flood control measures that have been approved by DSL, ACE, or any other state or federal regulatory agency.

2. Building, Paving, and Grading Activities. Within the RPW overlay, the placement of structures or impervious surfaces, including grading and the placement of fill, is prohibited except as stated below. Exceptions to the RPW overlay restrictions may be made for the following uses, provided they are designed and constructed to minimize adverse impacts to the riparian or wetland area:

a. Replacement of existing structures with structures located on the original building footprint that do not disturb additional riparian or wetland surface area;

b. Streets, roads, and paths that are included in the Creswell transportation system plan and Creswell parks and open space master plan;

c. Water-related and water-dependent uses, including drainage facilities, water and sewer utilities, flood control projects, and drainage pumps;

d. Routine maintenance or replacement of existing public facilities projects and public emergencies, including emergency repairs to public facilities;

e. In-channel erosion or flood control measures that have been approved by DSL, ACE, or another state or federal regulatory agency, and that utilize bio-engineering methods;

f. All development on relatively low-quality wetlands as defined in Creswell’s economic, social, environmental, and energy analysis.

3. Land Partitions and Property Line Adjustments. Property boundary amendments that would create parcels that cannot be developed in conformance with RPW overlay regulations are prohibited.

4. Site Maintenance. The limitations imposed by this section do not preclude the routine maintenance of structures. Maintenance of lawns, planted vegetation and landscaping shall be kept to a minimum and not include the spraying of pesticides or herbicides. Vegetation shall be replanted with native species. Maintenance trimming of existing trees shall be kept at a minimum and under no circumstances can the trimming maintenance be so severe as to compromise the tree’s health, longevity, and resource functions. Vegetation within utility easements shall be kept in a natural state and replanted when necessary with native plant species.

5. Hazardous Tree Removal. Hazardous trees are those that pose an obvious and immediate health, safety, or welfare threat to persons or property. Tree removal not reviewed as part of a vegetation report, except in emergency circumstances, shall be reviewed by the City Manager and may be subject to the requirements of tree removal permitting in CDC 3.2.500. Any trees removed are required to be replaced by like native species or alternate approved native species. [Ord. 560 § 3 (Exh. D), 2023; Ord. 442 § 2 (Exh. B), 2007].

A. The procedure for reviewing any development within the RPW overlay is as follows:

1. Any development or vegetation removal proposal within the RPW overlay shall be submitted to the City Manager. A development proposal will be reviewed under the Type I, II, or III as defined in the underlying zone.

a. If development occurs within the RPW overlay, the City shall send a notice to the Department of State Lands.

b. If the proposal is within five meters (16.4 feet) of a wetland as mapped on the LWI, the applicant shall submit a wetland delineation to the Department of State Lands.

2. Copies of application materials submitted to all state and federal agencies (such as but not limited to DSL and ACE) for permitting must be included in the application to the City in order for it to be deemed complete.

3. The applicant shall be responsible for the preparation of a professional quality map showing the precise location of the top-of-bank, 100-year flood elevation, wetlands, wetland edge (if present), riparian setback, significant vegetation, soil types, site improvements or other relevant primary features. The application also shall include:

a. Grading Site Plan. The grading plan shall include information on terrain, drainage, location of proposed and existing structures, and finished elevations.

b. Vegetation Report. This report shall consist of a survey of existing native vegetation and proposed alterations. Where the removal of native vegetation is proposed, measures for revegetation and enhancement with native plant species shall be included. A list of native plants is available at City Hall. Any hazardous trees as described in CDC 2.10.300(A)(5) proposed for removal shall be surveyed.

4. Approval of any development activity within the RPW overlay shall be contingent upon demonstration by the applicant that:

a. DSL/ACE has issued a permit before any physical alteration takes place within the wetlands; or

b. Notice from DSL/ACE has been provided that states no permit is required; or

c. Activities are as noted in CDC 2.10.300(A)(2) or (A)(4), and are possible exceptions to the RWP overlay restrictions; or

d. Activities are shown to meet the criteria in CDC 2.10.500, Hardship Variances, or 2.10.600, Restoration and Enhancement Exceptions. [Ord. 560 § 3 (Exh. D), 2023; Ord. 442 § 2 (Exh. B), 2007].

For any existing lot or parcel demonstrated to have been rendered not buildable by application of this code and/or when a RPW overlay map error has been verified, the property owner may apply for a hardship variance for waiver of land development restrictions and prohibitions found under CDC 2.10.300, Limitations on Use. A decision regarding hardship variances will follow the Class B procedures and standards of Chapter 5.1 CDC, Variances. [Ord. 560 § 3 (Exh. D), 2023; Ord. 442 § 2 (Exh. B), 2007].

Permanent alteration of the riparian area by placement of structures or impervious surfaces may be permitted upon demonstration that equal or better protection for the remaining on-site riparian protection overlay area will be ensured through restoration of riparian areas, enhanced buffer treatment or similar measures, subject to the requirements of CDC 2.10.400, Procedures and Approval. In no case shall such alterations occupy more than 50 percent of the width of the riparian area measured from the upland edge of the corridor. [Ord. 560 § 3 (Exh. D), 2023; Ord. 442 § 2 (Exh. B), 2007].

Planning Commission decisions can be appealed to the City Council using the procedures described in CDC Article 4. [Ord. 560 § 3 (Exh. D), 2023; Ord. 442 § 2 (Exh. B), 2007].

This chapter shall be enforced in accordance with Chapter 1.5 CDC, Enforcement. [Ord. 560 § 3 (Exh. D), 2023; Ord. 442 § 2 (Exh. B), 2007].