Eagle Point City Zoning Code
CHAPTER 17
52 SPECIAL USES, GENERAL PROVISIONS AND EXCEPTIONS
§ 17.52.010 Automobile service stations.
In addition to other standards of this title, automobile service stations, where allowed as permitted or conditional uses, shall comply with the provisions of this section. Service stations shall be excepted from applicable district regulations only insofar as the provisions in this section conflict with the appropriate district regulations.
A.
A sight-obscuring fence or wall not less than five feet nor more than eight feet in height shall be provided between the service station and abutting property to a residential district. Said wall or fence shall reduce to a three-and-one-half-foot maximum in any required front yard setback.
B.
All lighting shall be of a minimum illumination, direction and color to not create a nuisance on adjoining property or a traffic hazard.
(Ord. 9-52 § 1 (4.010), 1980; Ord. 9-62A § 1, 1982)
§ 17.52.020 Animal feed yards, animal sales yards, kennels, riding academies and public stables.
In any district allowing animal feed yards, animal sales yards, kennels, riding academies and public stables as permitted or conditional uses, they shall be located not less than 200 feet from any property line, shall provide automobile and truck ingress and egress, and shall also provide parking and loading spaces so designated as to minimize traffic hazards and congestion. Users or applicants shall show that odor, dust, noise, and drainage shall not constitute a nuisance, hazard or health problem to adjoining property or uses.
(Ord. 9-52 § 1 (4.020), 1980; Ord. 9-62A § 1, 1982)
§ 17.52.030 Animal hospitals and veterinary clinics.
A veterinary clinic or animal hospital shall not be located within 100 feet of a lot in any residential district, and the applicant shall show that adequate measures and controls shall be taken to prevent offensive noise and odor. No incineration of refuse shall be permitted on the premises.
(Ord. 9-52 § 1 (4.030), 1980; Ord. 9-62A § 1, 1982)
§ 17.52.040 Cemetery, crematory, mausoleum, columbarium.
A cemetery, crematory, mausoleum, or columbarium shall have its principal access on a major street or road with ingress and egress so designed as to minimize traffic congestion and shall provide required off-street parking space. Cemeteries located within or abutting any residential district shall establish and maintain appropriate landscaping and screening to minimize the conflict with abutting residential use as determined by the site plan committee.
(Ord. 9-52 § 1 (4.040), 1980; Ord. 9-62A § 1, 1982)
§ 17.52.050 Churches, hospitals or other religious or eleemosynary institutions.
In any residential district, all such uses shall be located on or within 600 feet of any major street. All buildings shall be set back a minimum of 30 feet from a side or rear lot line and all off-street parking facilities shall be adequately screened from abutting property.
(Ord. 9-52 § 1 (4.050), 1980; Ord. 9-62A § 1, 1982; Ord. 9-66 § 1 (Exh. A), 1984)
§ 17.52.060 Circuses, carnivals, animal rides, animal displays, amusement rides.
A circus, carnival, animal ride, animal display or amusement ride may be permitted for a term not to exceed 90 days in any district, with the written approval of the city administrator. The city administrator may specify conditions of operation necessary for the safety of the public. The city administrator may also require specific locations of pedestrian and vehicular movements, fencing, security measures, limit hours of operation and other limitations of use to protect the public safety and welfare. The city administrator's decision may be appealed to the planning commission through the appeals procedure in Chapter 17.100 EPMC.
(Ord. 9-52 § 1 (4.060), 1980; Ord. 9-62A § 1, 1982)
§ 17.52.070 Community buildings, social halls, lodges, fraternal organizations and clubs.
These facilities may be located in any district. All buildings shall be set back a minimum of 30 feet from a side or rear lot line. There shall be no external evidence of any incidental commercial activities taking place within the building. All such uses shall be located on a major street or road, and be able to provide access without causing traffic congestion on local residential streets and shall cause no harm to adjacent existing or potential residential development due to excessive traffic generation, noise, or other circumstances.
(Ord. 9-52 § 1 (4.070), 1980; Ord. 9-62A § 1, 1982; Ord. 9-66 § 1 (Exh. A), 1984)
§ 17.52.080 Child care centers, nursery schools and kindergartens.
Facilities are encouraged to be located in residential districts but also may be located in any commercial zone district as a conditional use. Child care centers, nursery schools and kindergartens shall have a minimum site size of 10,000 square feet and shall provide and thereafter maintain outdoor play areas with a minimum area of 50 square feet per child of total capacity. A rear yard sight-obscuring fence for the play area of at least six feet but not more than eight feet in height shall be provided and a minimum of 20 feet setback from any adjoining properties zoned for residential use. Adequate off-street parking and loading space shall be provided. The applicant for this use shall provide a complete copy of the applicant's application for state certification of the facility.
(Ord. 9-52 § 1 (4.080), 1980; Ord. 9-62A § 1, 1982)
§ 17.52.090 Drive-in theaters.
Drive-in theaters shall be located only on a major street or road. They shall provide traffic ingress and egress so designed as to minimize congestion. Screening from residential districts or dwelling units shall be provided so theater activities do not disturb residents or prospective residents. Signs and other lights shall be constructed only in such a way as not to disturb neighboring residents. The viewing screen shall be constructed so that it will be set back from and shall not be clearly visible from any highway.
(Ord. 9-52 § 1 (4.090), 1980; Ord. 9-62A § 1, 1982)
§ 17.52.100 Home occupations.
A.
Purpose and Scope. It is the intent of the home occupation permit to provide for a limited business activity which is conducted in a manner that the residential character of the buildings and the neighborhood is preserved. The permit shall not be transferable and the privileges it grants shall be limited to the person named in the permit to the location and activity for which the permit is issued. The issuance of a home occupation permit is required before and in addition to any other requirement to obtain a business license or satisfy any other requirement contained in any other ordinance now or hereafter adopted by the city of Eagle Point.
B.
Permit Issuance. The city administrator shall issue a home occupation permit if he or she finds that all of the following criteria are, and will be, met by the individual applicant. The permit may include conditions setting an expiration date, requiring periodic review and renewal, requiring the applicant to sign an acknowledgment of conditions, or other conditions specifically dealing with the property use involved, where such conditions are found by the city administrator to be reasonably necessary to maintain the purposes defined in subsection A of this section and the regulations established in subsection C of this section.
C.
Regulations.
1.
The occupation shall be conducted entirely within the dwelling in question, garage, or accessory building.
2.
The occupation shall be conducted only by members of the family occupying the dwelling.
3.
The outside residential character of all buildings must be preserved.
4.
No sign larger than two square feet in area identifying the business shall be permitted except as required by law.
5.
No occupation creating loud and unusual sounds, or causing smoke or odors, or other nuisances detrimental to the residential character of the neighborhood shall be permitted.
6.
No home occupation permit shall be permitted which, in the determination of the city administrator, will unduly increase traffic, parking or storage of any vehicles on or adjacent to the premises for which the permit is requested, unless the city administrator further determines that any increased parking or storage may be adequately screened from public view, including from adjacent properties.
D.
Permit Revocation. The home occupation permit may be revoked by the city administrator for violation of any conditions imposed. The city administrator, before revoking a home occupation permit, shall give the permit holder 14 days' notice to abate the violation.
E.
Appeal. Any applicant or affected or concerned property owner has the right to appeal the decision of the city administrator to the city planning commission and the city council in the manner provided by Chapter 17.100 EPMC.
F.
Existing Home Occupations.
1.
Persons engaged in home occupations lawfully in existence on the effective date of the ordinance codified in this section may continue to operate but shall be required to secure a home occupation permit.
2.
Home occupations not in conformance with this section shall not be permitted to expand or enlarge and shall be removed or terminated upon a change of use or occupancy of the premises.
(Ord. 9-52 § 1 (4.100), 1980; Ord. 9-62A § 1, 1982; Ord. 9-66 §§ 1 (Exh. A), 2, 1984; Ord. 9-101 § 1, 1991)
§ 17.52.110 Helicopter pads.
Emergency helicopter pads to serve medical needs may be located only adjacent to hospitals or medical facilities. They shall be so located that the incidence of aircraft passing directly over dwellings during their landing or take-off patterns is minimized. Construction of helicopter pads requires site plan and landscape approval in Chapter 17.60 EPMC.
(Ord. 9-52 § 1 (4.110), 1980; Ord. 9-55 § 1 (Exh. A § 20), 1981; Ord. 9-62A § 1, 1982)
§ 17.52.120 Christmas tree lots.
Christmas tree sales lots may be permitted in any C or I district after receiving permission, in writing, from the city administrator or his designate. The city administrator may require specific locations of pedestrian and vehicular movements, fencing, limit hours of operation or other limitations to use to protect the public safety and welfare.
The city administrator may require suitable guarantees that any property used for said purpose shall be restored to a neat and orderly condition after termination of said use. The city administrator's decision may be appealed to the planning commission through the appeals procedure set forth in Chapter 17.100 EPMC.
(Ord. 9-52 § 1 (4.120), 1980; Ord. 9-62A § 1, 1982)
§ 17.52.130 Access.
Each lot shall abut a minimum frontage of 40 feet upon a public street (other than an alley), except flag lots, rear lots or cul-de-sac lots. In no case shall a lot abut upon a street for a width of less than 25 feet (see EPMC § 16.28.040(C), Access).
(Ord. 9-52 § 1 (4.130), 1980; Ord. 9-62A § 1, 1982)
§ 17.52.140 Accessory buildings.
Accessory buildings shall comply with all requirements for the principal use except where specifically modified by this title and shall comply with the following limitations:
A.
A greenhouse or hothouse may be maintained accessory to a dwelling in an R district.
B.
A guest house may be maintained accessory to a dwelling provided there are no cooking facilities in the guest house.
(Ord. 9-52 § 1 (4.140), 1980; Ord. 9-62A § 1, 1982)
§ 17.52.150 Fences and screen planting.
A.
Permit. A fence and screen planting permit is required for the construction or planting of fences, walls, hedges and screen planting.
B.
Permit Issuance. The city building inspector, or his designate, shall issue a fence and screen planting permit if the building inspector finds that all of the following criteria are, and will be, met by the individual applicant. The permit may include any conditions including, but not limited to, setting an expiration date. The fee for such permit shall be determined in the same manner as are building permit fees under the International Building Code adopted by the city of Eagle Point.
C.
Regulations. Fences, walls, hedges and screen planting may be located as follows:
1.
Fences, walls, hedges, and screen plantings may be located in any required front yard provided they do not exceed three and one-half feet in height.
2.
Fences, walls, hedges and screen plantings may be located in any rear yard, or side yard, provided they do not exceed eight feet in height.
3.
Fences, walls, hedges, and screen plantings may be located in any required yard adjacent to a street on a corner lot, provided they do not exceed three and one-half feet in height.
4.
The height of the fences, walls, hedges, and screen plantings referred to in subsections (C)(1) and (3) of this section shall be measured from the established curb grade; the height of fences, walls, hedges, and screen plantings referred to in subsection (C)(2) of this section shall be measured from ground level.
5.
All such fences, walls, hedges and screen plantings must comply with the standard setback requirements as set forth and illustrated in Figure 17-8.
Figure 17-8 Standard Setback and Fence Height Requirements  |
6.
Except in the RF zone, as may be required to protect permitted livestock, or in nonresidential zones, as approved under specific site plan approval conditions, electrified fences shall be prohibited within the city limits.
a.
However, this shall not prohibit installation of "radio" fencing that may be programmed to the collar of a specific animal.
(Ord. 9-52 § 1 (4.150), 1980; Ord. 9-61 § 1, 1981; Ord. 9-62A § 1, 1982; Ord. 9-126 § 1, 1999; Amended during 2013 codification)
§ 17.52.160 Establishment of vision clearance areas.
A vision clearance area shall be maintained on the corners of all property at the intersection of two streets or a street and an alley or private way. Those height restrictions set forth in EPMC § 17.52.150 shall apply to any planting, fence, wall, structure, or temporary or permanent obstruction located in a vision clearance area. Trees may be located in a vision clearance area, provided all branches and foliage are removed to a height of 10 feet above the grade (see Figure 17-7).
(Ord. 9-52 § 1 (4.160), 1980; Ord. 9-55 § 1 (Exh. A § 5), 1981; Ord. 9-61 § 1, 1981; Ord. 9-62A § 1, 1982)
§ 17.52.170 Location and measurement of vision clearance areas.
Vision clearance areas (see Figure 17-7) are located and established as follows:
A.
In any R district, the minimum "A" distance shall be 25 feet, or at intersections, including any alley, 10 feet.
B.
In any I district, the minimum "A" distance shall be 40 feet or at intersections, including any alley or private drive, 25 feet.
C.
In all other districts, the minimum distance shall be 15 feet, or at intersection including any alley 10 feet.
D.
When the angle of the intersections at street corners is less than 30 degrees, other than an alley, the "A" distance shall be 25 feet.
(Ord. 9-52 § 1 (4.170), 1980; Ord. 9-62A § 1, 1982; Ord. ZN/CH-86-1 § 3, 1986)
§ 17.52.180 Projections from buildings.
Bay windows, cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features and other similar architectural features may project not more than 18 inches into a required yard or into a required open space as established by coverage standards.
(Ord. 9-52 § 1 (4.180), 1980; Ord. 9-62A § 1, 1982)
§ 17.52.190 Moving of buildings or structures.
A.
Before a permit is issued for a building or structure to be moved from one lot to another, or moved on the same lot within the city, or moved into the city from an area not within the city limits, a $500.00 bond or cash deposit must be posted, when a public street or easement will be used or crossed. The planning director and building inspector must determine that the building or structure will meet the following requirements:
1.
The use for which the building was designated and new intended use shall be in keeping with the zone or district into which the building is to be moved.
2.
The building shall meet all requirements of the fire and sanitation codes and shall conform to ordinances governing moving buildings and other structures.
3.
The expected usable life of the building shall not be more than 50 percent expended.
4.
The building or structure is in keeping with or not detrimental to the character and welfare of the area into which it is to be moved as determined by the city.
B.
The applicant desiring to move a structure shall provide the planning director and building inspector the necessary information at least 15 days in advance of the desired moving date and it shall include the following materials and information:
1.
A map showing the existing and proposed location of the structure by county assessor map number and tax lot number.
2.
A picture of the structure.
3.
A description or map showing the desired moving route.
4.
Indications from the mover as to any problems anticipated or utility lines needed to be raised or relocated.
5.
An indication of the time required to make the move and the requested start and completion times for the structure's occupancy of public rights-of-way.
6.
A completed application for the move which provides information about all parties involved in the move, together with any fees established by the city council.
7.
Such additional information or assurances as may be requested by the city or utility companies to protect the public health, safety or general welfare.
(Ord. 9-52 § 1 (4.190), 1980; Ord. 9-62A § 1, 1982)
§ 17.52.200 Rear lot and flag lot permits.
A.
Purpose. The purpose of this section is to permit development of deep lots in residential areas which are incapable of being subdivided or otherwise developed under the strict application of this title. No deep lots or other large parcels of land may be developed under this section if the property is physically capable of being subdivided, either separately or in conjunction with adjacent properties, either now or in the future.
B.
Application. Any property proposed to be developed under this section shall comply with all of the following eligibility and development requirements:
1.
Eligibility.
a.
Property must be less than four acres in area.
b.
Property must be so situated that further subdivision or segregation under terms of other applicable city ordinances and regulations is not possible, either individually or in conjunction with any other adjacent property.
c.
Minimum area: twice that required by the applicable zoning district.
Minimum depth: 200 feet.
Minimum width: as required by applicable zoning district.
2.
Development Standards. Provided the eligibility requirements are met, a permit may be issued subject to the following standards and criteria:
a.
Front Parcel.
i.
Minimum lot width: 10 feet less than required by applicable zoning district.
ii.
Minimum lot depth: 100 feet.
iii.
Yard requirements: same as required in applicable zoning district.
b.
Rear Parcel.
i.
Access Way Width. The access way shall be at least 15 feet in width if a double flag, 24 feet to the rear parcel if a triple flag.
ii.
Access Ownership. Access ways shall be a part of the property they serve; in a triple flag, the access way shall be owned in two 12-foot strips, one by each of the two rear lots.
iii.
Access Way Improvements. Access ways shall be improved to the standards of EPMC § 17.72.080(A) to the property line of the rear lot.
iv.
Pavement Width and Length. The paved drive area in a double flag shall be 12 feet in width extending from the public street to the front of the rear lot; for a triple flag, it shall be 15 feet in width to the front of the second parcel, and 12 feet in width to the front of the third parcel.
(Ord. 9-52 § 1 (4.200), 1980; Ord. 9-62A § 1, 1982; Ord. 9-66 § 1 (Exh. A), 1984)
§ 17.52.210 Storage and temporary occupancy or placement of manufactured or mobile homes or recreational vehicles.
A.
Storage and Temporary Occupancy of Mobile Homes.
1.
No mobile home or recreational vehicle shall be stored or used as a residence on a public street for more than a maximum of 72 hours during any one-month period.
2.
Temporary use of a mobile or manufactured home or recreational vehicle for over 30 days as an office, classroom, security or other nonresidential use may be permitted under the provisions of this section and EPMC § 17.20.090.
3.
Nothing in this section shall be deemed to prohibit the storage of any mobile home or recreational vehicle on the home premises of the owner for any length of time when not used for living purposes.
4.
Temporary occupancy of a mobile home or recreational vehicle as a residence on the premises or public street adjacent to the premises may be permitted for a period not to exceed 30 calendar days upon the granting of a permit by the city administrator or his or her designate. Such permit shall be granted upon proof that the use complies with all requirements of this title. Said permit shall not be renewable within a six-month period beginning at the first date of issuance, except with the approval of the planning commission.
B.
Temporary Placement of Recreational Vehicles or Manufactured or Mobile Homes Because of Medical Hardship.
1.
Purpose. It is the purpose of this subsection B to provide a means for medically disabled persons to place a recreational vehicle or manufactured or mobile home on RF, R-1, R-2, and R-3 lots as a secondary use for the care of said medically disabled persons.
2.
Conditional Use Permit Required. In addition to all of the requirements of this subsection, a conditional use permit is required in accordance with all provisions of Chapter 17.84 EPMC, excepting EPMC § 17.84.110.
3.
Medical Certification Required. Two certifications by licensed medical physicians on forms provided by the city are required in order to qualify for this section. Such certification shall state that the individual seeking the placement of the manufactured or mobile home is unable to care for him or herself and must be proximate to the persons willing and able to administer the needed care.
4.
Definitions. For purposes of this section:
a.
"Manufactured home"
shall mean a structure with a United States Department of Housing and Urban Development (HUD) label certifying the structure is constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 8540 et seq.) as amended on August 22, 1981, or as subsequently amended.
b.
"Mobile home"
shall mean a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy and that is used for residential purposes. For the purposes of this definition, the manufactured or mobile home shall be no older than 15 years as measured by the year the manufactured or mobile home was constructed to the date the conditional use permit is issued.
c.
"Recreational vehicle"
shall mean a vacation trailer or other unit with or without motive power, which is designed for human occupancy and to be used temporarily for recreational or emergency purposes, and has a gross floor space of less than 400 square feet. "Recreational vehicle" includes camping trailers, camping vehicles, motor homes, park trailers, bus conversions, van conversions, tent trailers, travel trailers, truck campers and any vehicle converted for use or partial use as a recreational vehicle.
5.
Permitted Placement. For the purposes of this subsection, a recreational vehicle, manufactured or mobile home shall be allowed, with the required conditional use permit, in RF, R-1, R-2 and R-3 zones.
6.
Required Lot Area. With the placement of the recreational vehicle, manufactured or mobile home, the maximum coverage of the lot by all structures shall not exceed 20 percent of the lot area in the RF zone, 40 percent in the R-1 zone and 50 percent of the lot area in the R-2 and R-3 zones.
7.
Development Standards. In addition to yard requirements of the applicable zone, the recreational vehicle, manufactured or mobile home shall have a minimum of 10 feet of clearance from any building used for human occupancy. The placement of a recreational vehicle, manufactured or mobile home in accordance with this subsection shall comply with the following standards:
a.
Foundations. A manufactured or mobile home sited under the provisions of this subsection shall be placed and secured on a foundation as determined by the Oregon Manufactured Dwelling Standards. Any such foundation shall be removed along with the manufactured or mobile home, at the expiration of the conditional use permit.
b.
Parking Requirements. A recreational vehicle, manufactured or mobile home sited under the provisions of this subsection shall provide one additional parking space over that required for the principal dwelling under Chapter 17.72 EPMC, Off-Street Parking and Loading Facility Requirements.
c.
Skirting Requirements. A manufactured or mobile home sited under the provisions of this subsection shall have masonry, metal or wood skirts or coverage installed on all exposed sides from the lower edge of such manufactured or mobile home.
d.
Attachments. No indoor living additions or attached awnings, patios, patio covers, porches, porch covers or storage facilities incidental to the recreational vehicle, manufactured or mobile home shall be constructed for a recreational vehicle, manufactured or mobile home sited under the provisions of this subsection.
e.
Maximum Size of a Unit. A recreational vehicle, manufactured or mobile home sited under the provisions of this subsection shall be no larger than what may be sited within the area allowed for development bounded by the required side, rear and front yard setbacks.
f.
Placement Within Required Setback Areas Prohibited. Recreational vehicles, manufactured or mobile homes sited under the provisions of this subsection shall not be placed within any required front, rear, or side yard setback area.
8.
Time Limitations. The approval of a conditional use permit, under this subsection, shall be in effect for a period set by the planning commission and not to exceed 18 months. Extensions may be granted with the approval of subsequent conditional use permits on a yearly basis (year-to-year). Renewals must be applied for at least 30 days prior to expiration of a conditional use permit.
(Ord. 9-52 § 1 (4.210), 1980; Ord. 9-62A § 1, 1982; Ord. 9-100 § 1, 1991; Amended during 2013 codification)
§ 17.52.220 Utilities.
The erection, construction, alteration, or maintenance by public utility, municipal or other governmental agencies of underground or overhead gas, electrical, steam, or water transmission or distribution systems; collection, communication, supply or disposal systems, including poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, but not including buildings, shall be permitted in any district.
(Ord. 9-52 § 1 (4.220), 1980; Ord. 9-62A § 1, 1982)
§ 17.52.230 General exception to lot size requirements.
If a lot or the aggregate of contiguous lots or land parcels held in single ownership and recorded in the office of the clerk of Jackson County at the time of passage of the ordinance codified in this title has an area or dimension which does not meet the lot size requirements of the district in which the property is located, the lot or aggregate holdings may be occupied by a use permitted outright in the district subject to all other requirements, provided it complies with all ordinances when it was recorded.
(Ord. 9-52 § 1 (4.230), 1980; Ord. 9-62A § 1, 1982)
§ 17.52.240 General exception to building height limitation.
Height limitations set forth elsewhere in this title shall not apply to:
A.
Church spires, belfries, cupolas, and domes; smokestacks, flag poles; elevator penthouses, cooling towers; grain elevators; parapet walls extending not more than four feet above the limiting height of the building; outdoor theater screens, provided said screens contain no advertising matter other than the name of the theater.
B.
Places of public assembly in churches, schools and other permitted and public and semi-public buildings; provided, that these are not more than one story in height; and provided, that for each one foot by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district shall not occupy more than 25 percent of the area of the lot and shall be distant not less than 25 feet in all directions from every lot line not a street lot line.
(Ord. 9-52 § 1 (4.240), 1980; Ord. 9-62A § 1, 1982)
§ 17.52.250 General exception to front yard requirements.
A.
If there are dwellings on two abutting lots with front yards of less than the required depth for the district, the front yard for an adjacent lot need not exceed the average front yard of the abutting dwelling.
B.
If there is a dwelling on one lot with a front yard of less than the required depth for the district, the front yard of any adjacent lot need not exceed a depth one-half way between the depth of the abutting lot and the required front yard depth.
(Ord. 9-52 § 1 (4.250), 1980; Ord. 9-62A § 1, 1982)
§ 17.52.260 Nonconforming lots, uses of lands and structures.
A.
Purpose and Intent. Within the districts established by this title or amendments that may later be adopted, there exist lots, uses of land, and structures which were lawful before this title was passed or amended, but which would be prohibited, regulated or restricted under the terms of this title or future amendments.
It is the purpose and intent of this title to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this title to be incompatible with permitted uses in the districts involved. It is further the purpose and intent of this title that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this title and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided the work shall be diligently carried on until completion of the building involved.
B.
Nonconforming Lots of Record. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this title, a single-family dwelling and customary accessory buildings may be erected on a single lot of record at the effective date of adoption or amendment to this title. Such lot must be in separate ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both. Yard dimensions and other requirements not involving area or width or both shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of an appeal as provided for in Chapter 17.100 EPMC.
C.
Nonconforming Uses of Land. Where, at the effective date of adoption or amendment of this title, lawful use of land exists that is made no longer permissible under the terms of this title as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
1.
No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this title.
2.
No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this title.
3.
If any such nonconforming use of land ceases for any reason for a period of more than six consecutive months, any subsequent use of such land shall conform to the regulations specified by this title for the district in which land is located.
D.
Nonconforming Structures. Where a lawful structure exists at the effective date of adoption of amendment of this title that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
1.
No such structure may be enlarged or altered in a way which increases its nonconformity.
2.
Should such structure be destroyed by any means to an extent of more than 50 percent of its appraised value as determined by the records of the county assessor, it may be restored or replaced, provided it is done within one year from the date the structure was destroyed.
3.
Should such structure be moved for any reason, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
4.
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this title, but no such use shall be extended to occupy any land outside such building.
5.
Any structure, or structure and land in combination, in or on which a nonconforming use is replaced by a permitted use, shall thereafter conform to the regulations for the district. The nonconforming use may not thereafter be resumed.
6.
When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district.
7.
Any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use; provided, that the planning commission, either by general rule or by making findings in the specific case, shall find that the proposed use is no greater adverse impact on the neighborhood than the existing nonconforming use. In permitting such change, the planning commission may require appropriate conditions and safeguards in accord with the provisions of this title.
E.
Repairs and Maintenance. On any building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs, or on repair or replacement of walls, fixtures, wiring or plumbing; provided, that the cubic content of the building as it existed at the time of passage or amendment of this title shall not be increased.
Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official.
(Ord. 9-52 § 1 (4.260), 1980; Ord. 9-62A § 1, 1982)
§ 17.52.270 Hillside construction.
Hillside construction must meet additional requirements, in addition to this title and the International Building Code, as per set forth in the comprehensive plan (see housing policies: comprehensive plan physical element (natural hazards)). The provisions of this section shall apply in addition to other provisions of this title in all zones.
(Ord. 9-59 § 1 (Exh. § (B)(3)(4.270)), 1981; Ord. 9-62A § 1, 1982; Amended during 2013 codification)
§ 17.52.280 Large lot zoning.
Subdividing of land into five-acre parcels shall require a resubdivision plan to be submitted to, and approved by, the city at the time that the large lot (five-acre parcels) subdivision is approved. The resubdivision plan shall show how the property in question can be subdivided in the future into 6,000-square-foot lots. Streets shall be shown so as to assure public access to all future lots. Said proposed streets shall also connect to existing and proposed (see comprehensive plan) streets adjacent to the site in question.
(Ord. 9-59 § 1 (Exh. § (B)(4)(4.280)), 1981; Ord. 9-62A § 1, 1982)
§ 17.52.290 Temporary uses.
Any commercial, retail or industrial use which is not a permanent part of a site, and has not been through the site plan review process in accordance with Chapter 17.60 EPMC and met all applicable standards of this title, shall be termed a temporary use.
Operators of temporary uses shall be required to obtain a peddler's permit as set forth in Chapter 5.04 EPMC. Semi-annual or annual coordinated temporary sales events and activities, such as a for-profit peddlers' marketplace, may be approved with appropriate conditions by the city council. This section does not apply to mobile food vendors, which are addressed in EPMC § 17.52.320.
(Ord. 9-52 § 1 (4.290), 1980; Ord. 9-62A § 1, 1982; Ord. 9-66 § 1 (Exh. A), 1984; Ord. 2014-08 § 1 (Exh. A))
§ 17.52.300 Yard sales.
Yard or rummage sales are allowed in all zones, provided they meet the following criteria:
A.
Sales and display shall be conducted only by the resident or a property owner on his own property, except in the case of a nonprofit organization.
B.
Yard or rummage sales shall not be conducted at any property for more than three days in any calendar month.
C.
Signs shall be as set forth in EPMC § 17.68.060(B).
(Ord. 9-52 § 1 (4.300), 1980; Ord. 9-62A § 1, 1982; Ord. 9-66 § 1 (Exh. A), 1984)
§ 17.52.310 Bed and breakfast (B&B).
"Bed and breakfast (B&B)" means a single-family residence in the R-1 or R-2 zoning districts or in the designated town center containing rooms for rent in accordance with EPMC § 17.20.030(I), § 17.22.030(J), and this section. The facility must be occupied by the licensed business proprietor or be located on an adjoining parcel having a common property line with the proprietor's place of residence. All B&B facilities shall be approved under the following procedure(s), and meet the following criteria:
A.
Application. An application shall be filed with the city by the property owner or authorized agent on forms specified by the city. Such application shall be accompanied by required findings of fact, a filing fee as prescribed by the city (including payment for a site inspection by the city building official), and a list of all property owners whose land lies within 250 feet of the applicant's property.
B.
Findings of Fact. The applicant shall submit detailed information describing the proposal, in support of the following required findings of fact. The planning department and building official may use the applicant's findings as part of the final decision as submitted or amended. To grant an approval, the planning department and building official must conclude that all required findings have been met:
1.
That the conditional use is in conformance with the letter and intent of this title.
2.
That the potential positive impacts outweigh the negative impacts of the conditional use as it relates to the public health, safety and general welfare of the area.
3.
That the conditional use property and buildings are adequate in size and shape to accommodate said use, and all yard spaces, walls and fences, parking, loading, landscaping and other features are to standards required by this title.
4.
That the conditional use relates to streets adequate to width and pavement type to carry the quantity and kind of traffic generated by the proposed use.
5.
That the B&B will be occupied by the business proprietor or share a common property line with the proprietor's place of residence.
6.
Any property enhancements must be compatible with the character of the neighborhood and the intent of the single-family or town center commercial zoning districts.
7.
The B&B approval shall specify the number of rental rooms and total number of guests permitted in the facility.
8.
All required state and county permits, certifications or requirements shall be obtained as a condition of approval for any B&B facility. Copies of all documentation shall be filed with the city prior to the issuance of any business license.
C.
Burden of Proof. The applicant has the burden of proving justification for the permit. The greater the impact of the land use in the neighborhood, the greater is the burden on the proponent to find ways to minimize the land use impact.
D.
Approval. B&B applications associated with a fully developed residential site shall be reviewed by all city departments, Fire District No. 3, and the building official, and processed as a Type B approval (EPMC § 17.96.070, Type B – Decision made without an initial hearing).
B&B applications associated with undeveloped properties shall be subject to review by all city departments, Fire District No. 3, and the building official, and processed as a standard site plan and conditional use Type A approval with a full public hearing before the planning commission (EPMC § 17.96.030, Type A – Decisions made with a hearing).
E.
Appeals. Appeal of a Type B approval shall be heard before the planning commission under the provisions of EPMC § 17.100.020, excepting that there shall be no fee required of the appellant.
Appeal of a Type A approval shall be heard before the city council under the provisions of EPMC § 17.100.040.
F.
Employees. A B&B facility may employ ancillary personnel for functions such as landscape maintenance, housekeeping service and catered delivery or on-site preparation of the required morning meal.
G.
Off-Street Parking. In the R-1 and R-2 districts, off-street parking shall be provided at the existing standard for the zone, plus one space for each sleeping room. No front yard setback shall be used for off-street parking.
In the town center commercial district, prevailing off-street parking standards shall apply (EPMC § 17.72.050(C)).
H.
Length of Stay. Room rentals to families or individuals shall not exceed 14 days.
I.
Meal Provision. The only meal provided to B&B guests shall be breakfast, and it shall be served only to guests taking lodging in the facility.
J.
Signage. B&B facilities shall be allowed a total of two signs, one of which may be freestanding. The maximum square footage of any single sign shall be 12 square feet, and the aggregate total of all signage shall not exceed a maximum of 16 square feet. (The second side of a double-sided, freestanding sign shall not be counted as part of the total sign area.) The maximum allowable height of any freestanding sign shall be 42 inches. No internal illumination or neon is permitted, and no signage lighting shall negatively impact adjoining properties.
K.
Yearly Review. Any B&B facility shall be subject to a yearly review by the planning department and building official.
L.
Property Ownership and/or Proprietorship Transfer. Any property ownership or business proprietorship transfer of the B&B shall require city review and reissuance of all use approvals and licensing in the name of the new proprietor. Changes to the physical B&B facility and/or signage may require a new conditional use permit. Such determination shall be made by the planning director and building official.
M.
Guest Register. Every B&B facility must maintain an up-to-date guest register.
N.
Licensing and Taxes. All B&B facilities shall be subject to city business licensing requirements and the payment of prevailing transient lodging taxes.
(Ord. 9-52 § 1 (4.400), 1980; Ord. 9-62A § 1, 1982; Ord. 2009-01 § 2 (Exh. A))
§ 17.52.320 Mobile food vendors.
A.
Definition. "Mobile food vendors" means trucks, trailers, carts or similar devices which prepare, process or convert food for immediate consumption. "Mobile food vendors" does not include ice cream trucks, which are not subject to the regulations of this section.
B.
General Requirements. In addition to the requirements below, all mobile food vendors are prohibited from operating in residential land use districts and on public streets and rights-of-way, and must comply with business licensing, vehicle registration, and health and sanitary licenses/certifications, as well as applicable permits and fees except as exempted in subsection C of this section.
C.
Seasonal Sales, Special Events, and Accessory Uses. Mobile food vendors operating in coordination with allowed seasonal sales (e.g., farmers' markets), special events (e.g., holiday celebration), or as an accessory to a permitted, permanent use (e.g., grocery store) shall be permitted outright and are exempt from systems development charges and the transportation utility fee.
D.
Application. An application shall be filed with the city by the property owner or authorized agent on forms specified by the city. Such application shall be accompanied by required findings of fact, a filing fee as prescribed by the city, and a list of all property owners whose land lies within 100 feet of the subject property.
E.
Review. Applications for a single food vendor shall be reviewed by the community development director as a Type B land use decision. The director may approve, approve with conditions, or deny an application for this use on any commercial or industrial property within the city based on satisfaction of the findings in subsection F of this section.
Applications involving multiple food vendors shall be reviewed by the planning commission as a Type A land use decision. The decision shall be based on the findings of fact contained in subsection F of this section and the criteria in Chapter 17.60 EPMC, Site Plan and Landscape Approval.
F.
Findings of Fact. The applicant shall submit detailed information describing the proposal in support of the following required findings of fact. The community development director may use the applicant's findings as part of the final decision as submitted or amended. To grant an approval, the director must determine that the following findings have been met:
1.
A signed agreement with the property owner is provided; and
2.
The use will not encroach beyond the boundaries of the property; and
3.
The use will not encroach onto adjacent walkways; and
4.
The use will not displace required parking spaces or accessways; and
5.
Ingress and egress will be safe and adequate; and
6.
The use will not result in vehicular congestion on streets; and
7.
The use will not create adverse off-site impacts including vehicle traffic, noise, odors, litter, glare or lights that affect an adjoining use in a manner which other uses allowed outright in the district do not affect; and
8.
The use will comply with all other applicable regulatory provisions.
G.
Fees. If approval is granted, and prior to operation of the business on the subject property, the applicant must pay systems development charges and the transportation utility fee to the city.
(Ord. 2014-08 § 1 (Exh. A); Ord. 2023-04 § 1 (Exh. A))
