Elgin City Zoning Code
CHAPTER 17
40 - PROVISIONS APPLICABLE TO ALL ZONES
17.40.010 - Reduction in area of lots.
No lot or contiguous lots under the same ownership shall be reduced below the minimum area and lot dimensions required by this title.(Ord. 5-1983 § 10.01)No dwelling shall be erected on a lot which does not abut at least one street for a minimum distance of twenty (20) feet. No building in the rear of a principal building on the same lot may be used for residential purposes, except for employment of the occupants of the principal building and their immediate families.(Ord. 5-1983 § 10.02)No part of a yard or other open space required around any building for the purpose of complying with the provisions of this title shall be included as part of a yard or other open space required under this title for another building.(Ord. 5-1983 § 10.03)Where the owner of a lot or lots of official record at the time of the enactment of the ordinance codified in this title does not own sufficient space in said lot or lots to enable him to conform to the yard and other requirements of this title, such lot or lots may be used as a building site; provided, that the yard space and other requirements shall conform as closely as possible in the opinion of the city council to the requirements for the district in which the property is located.(Ord. 5-1983 § 10.04)The front yard requirements of this title shall not apply where the average depth of the existing front yard on developed lots, located within one hundred (100) feet on each side of the lot and within the same block and zone, and fronting on the same street as such lot, is less than the minimum required front yard depth. In such cases the depth of the front yard on such lots shall not be less than the average existing front yard depth on the developed lots.(Ord. 5-1983 § 10.05)A. When a property or an existing building at the time of the passage of the ordinance codified in this title has a use which was legal prior to the passage of said ordinance, such may continue, even though it is not in conformity with these zoning regulations. Except as below, if the use of the building or premises is changed, it shall be changed to a use conforming to the zoning regulations and after such change, it will not be permissible to change back again to the original nonconforming use.B. A nonconforming use shall not be extended; however, the extension of a nonconforming use to any portion of a building which was arranged or designed for such nonconforming use at the time of the passage of the ordinance codified in this title shall not be deemed the extension of a nonconforming use.C. If a nonconforming use is discontinued for a period of ninety (90) days, the same cannot be again continued. If a building is unoccupied on the effective day of the ordinance codified in this title, then the last use shall be considered to be the use of record and the ninety (90) day period of discontinuance shall commence on the effective date of said ordinance.D. When a building having a nonconforming use is damaged by fire or other natural causes, and is not reconstructed within two years, then such building shall not be rebuilt unless in its construction and uses, it conforms fully to the requirements of this title and other ordinances of the city. Any reconstruction must be kept within the old foundation.E. No building or structure shall be moved from one lot or premises to another unless such building or structure conforms to all the provisions of the applicable zone.(Ord. 5-1983 § 10.06)Nothing in this title shall require any change in the plans, construction, alteration or designated use of a building upon which construction was actually begun previous to the passage of the ordinance codified in this title. However, such entire building must be completed in accordance with the original plans within one year from the date of commencing construction.(Ord. 5-1983 § 10.07)The following off-street parking requirements shall be provided at the time a building or structure is constructed or substantially altered, or there is a change in use of an existing structure for all zones except the CBD:A. Residences or Other Dwelling Units.Two spaces per single-family, duplex or mobilehome residence.One and one-half spaces each, for more than two dwelling units.Off-street parking spaces for dwellings shall be located on the same lot with the dwelling.B. Other Uses.Assembly-Type Use. One space per one hundred (100) square feet of assembly area.Motel or Resort. One space per unit.Office or Retail. One space per three hundred (300) feet of area.Restaurant or Tavern. One space per two hundred (200) square feet of seating area.Warehouse. One space per two thousand (2,000) square feet of warehouse area.Other Uses. As determined by the council.C. Off-Street Parking Requirements in the CBD.For uses in the CBD that require less than twenty (20) spaces as specified in subsection A or B of this section, there shall not be any required off-street parking.For uses in the CBD that require more than twenty (20) spaces as specified in subsection A or B of this section, there shall be provided the number of off-street parking spaces as specified in those sections except for housing which shall provide one space per dwelling unit or 0.5 spaces per dwelling unit of dedicated senior housing.(Ord. 152 § 1 (part), 2004; Ord. 5-1983 § 10.08)The minimum standards for bicycle parking spaces are as follows:A. Parking Lots. All public and commercial parking lots and parking structures shall provide a minimum of one bicycle parking space for every ten (10) motor vehicle parking spaces.B. Schools, Public and Private. Site plans for all schools shall consider accommodations for bicycle parking.C. In the CBD. In downtown areas with on-street parking, bicycle parking for customers shall be provided along the street at a rate of at least one space per use. Spaces may be clustered to serve up to six bicycles; at least one cluster per block shall be provided. Bicycle parking spaces shall be located in front of the stores along the street, either on the sidewalks in specially constructed areas such as pedestrian curb extensions. Bicycle parking shall not interfere with pedestrian passage, leaving a clear area of at least five feet. Customer spaces are not required to be sheltered. Sheltered parking (within a building, or under an eave, overhang, or similar structure) shall be provided at a rate of one space per ten (10) employees, with a minimum of one space per store.D. Multifamily Residences. Every residential use of four or more dwelling units shall provide at least one sheltered bicycle parking space for each unit.E. Office and Industrial Parks. A minimum of two bicycle parking spaces per use shall be required.(Ord. 152 § 1 (part), 2004)A. Internal pedestrian circulation shall be provided in new commercial, office, and multifamily residential developments through the clustering of buildings, construction of hard surface walkways, landscaping, accessways or similar techniques.B. All site plans (industrial and commercial) shall clearly show how the site's internal pedestrian and bicycle facilities connect with external existing or planned facilities or systems.C. On-site facilities shall be provided that accommodate "safe and convenient" pedestrian and bicycle access within new subdivisions, multifamily developments, planned development, shopping centers, and commercial districts, and connecting to adjacent residential areas and neighborhood activity centers. Residential developments shall include streets with sidewalks and accessways. Pedestrian circulation through parking lots shall be provided in the form of accessways.(Ord. 152 § 1 (part), 2004)Clear vision areas shall be provided with the following dimensions:A. A clear vision area shall be a triangular area on a lot at the intersection of two streets, two sides of which are lot lines measured a distance of thirty (30) feet from the corner intersection of the lot lines. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to the point of intersection.B. The clear vision area shall contain no plantings, walls, fences, structures or other temporary or permanent obstructions exceeding three feet in height measured from the grade of the street centerline, except that trees exceeding this height may be located in this area, provided all branches and foliage are removed to a height of eight feet above the grade.(Ord. 5-1983 § 10.09)An accessory use shall comply with all requirements for a principal use, except as this title specifically allows to the contrary, and shall comply with the following limitations:A. An accessory structure or use shall only be approved provided the principal use has been established.B. An accessory structure not used for human habitation and separated from the main building may be located in the required rear and side yard, except in the required street side yard of a corner lot, provided it is not closer than five feet to a property line.(Ord. 5-1983 § 10.10)The city council may issue a temporary use permit to allow the short-term use of a site by a mobile or temporary structure or activity. Such structures or activities may not be ordinarily allowed in the particular zone, but are necessary for some useful purpose, and, because of the temporary nature, will not adversely impact the neighborhood or city. The city council may require that certain measures be taken to protect neighboring uses or the city as a whole. Temporary use permits will be processed in the same manner as development permits and may be granted for any period of time up to one year, subject to renewal if necessary.(Ord. 5-1983 § 10.11)A. Where a right of access exists, access will be allowed to a property at less than the designated spacing standard only if that property does not have reasonable access and the designated spacing cannot be accomplished. If possible, other options should be considered such as joint access.B. Where the right of access exists, the number of approach roads (driveways) to a single property shall be limited to one, even when the property frontage exceeds the spacing standards. More than one approach road may be considered if, in the judgment of the Region Access Management Engineer, additional approach roads are necessary to accommodate and service the traffic to a property, and additional approach roads will not interfere with driver expectancy and the safety of the through traffic on the highway.C. Approach roads shall be located where they do not create undue interference or hazard to the free movement of normal highway or pedestrian traffic. Locations on sharp curves, steep grades, areas of restricted sight distance or at points which interfere with the placement and proper functioning of traffic control signs, signals, lighting or other devices that affect traffic operation will not be permitted.D. If a property becomes landlocked (no reasonable access exists) because an approach road cannot be safely constructed and operated, and all other alternatives have been explored and rejected, ODOT might be required to purchase the property. (Note: If a hardship is self-inflicted, such as by partitioning or subdividing a property, ODOT does not have responsibility for purchasing the property.E. Minimum spacing for public road approaches is either the existing city block spacing or the city block spacing as identified in the local comprehensive plan. Public road connections are preferred over private driveways, and in STAs driveways are discouraged. However, where driveways are allowed and where land use patterns permit, the minimum spacing for driveways is one hundred seventy-five (175) feet or mid-block if the current city block spacing is less than three hundred fifty (350) feet.F. Adjacent commercial or office properties classified as major traffic generators (i.e. shopping plazas, office parks), shall provide a cross access drive and pedestrian access to allow circulation between sites.G. A system of joint use driveways and cross access easements shall be established wherever feasible and shall incorporate the following:A continuous service drive or cross access corridor extending the entire length of each block served to provide for driveway separation consistent with the access management classification system and standards;A design speed of ten (10) mph and a maximum width of twenty (20) feet to accommodate two-way travel aisles designated to accommodate automobiles, service vehicles, and loading vehicles;Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross access via a service drive;A unified access and circulation system plan for coordinated or shared parking areas is encouraged.H. Shared parking areas shall be permitted as a reduction in required parking spaces if peak demands do not occur at the same time periods.I. Pursuant to this section, property owners shall:Record an easement with the deed allowing cross access to and from other properties served by the joint use driveways and cross access or service drive;Record an agreement with the deed that remaining access rights along the roadway will be dedicated to the city and pre-existing driveways will be closed and eliminated after construction of the joint-use driveway;Record a joint maintenance agreement with that deed defining maintenance responsibilities of property owners.J. The city may reduce required separation distance of access points where they prove impractical, provided all of the following requirements are met:Joint access driveways and cross access easements are provided in accordance with this section;The site plan incorporates a unified access and circulation system in accordance with this section;The property owner enters into a written agreement with the (city/county), recorded with the deed, the pre-existing connections on the site will be closed and eliminated after construction of each side of the joint use driveway.K. The city may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make a development of a unified or shared access and circulation system impractical.L. Driveways shall meet the following standards:If the driveway is a one-way in or one-way out drive, then the driveway shall be a minimum width of ten (10) feet and shall have appropriate signage designating the driveway as a one way connection;For two-way access, each lane shall have a minimum width of ten (10) feet.M. Driveway approaches must be designed and located to provide an exiting vehicle with an unobstructed view. Construction of driveways along acceleration or deceleration lanes and tapers shall be avoided due to the potential for vehicular weaving conflicts.N. The length of driveways shall be designed in accordance with the anticipated storage length for entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on-site circulation.O. In the interest of promoting unified access and circulation systems, development sites under the same ownership or consolidated for the purposes of development and comprised of more than one building site shall be reviewed as single properties in relation to the access standards of this chapter. The number of access points permitted shall be the minimum number necessary to provide reasonable access to these properties, not the maximum available for that frontage. All necessary easements, agreements, and stipulations shall be met. This shall also apply to phased development plans. The owner and all lessees within the affected area are responsible for compliance with the requirements of this chapter and both shall be cited for any violation.P. All access must be internalized using the shared circulation system of the principal development or retail center. Driveways shall be designed to avoid queuing across surrounding parking and driving aisles.Q. Legal access connections in place as of (date of adoption) that do not conform with the standards herein are considered nonconforming features and shall be brought into compliance with applicable standards under the following conditions:When new access connection permits are requested;Change in use or enlargements or improvements that will increase trip generation.R. Lots that front on more than one street shall be required to locate motor vehicle accesses on the street with the lower functional classification.S. When a residential subdivision is proposed that would abut an arterial, it shall be designed to provide through lots along the arterial with access from a frontage road or interior local road. Access rights of these lots to the arterial shall be dedicated to the city and recorded with the deed. A berm or buffer yard may be required at the rear of through lots to buffer residences from traffic on the arterial. The berm or buffer yard shall not be located with the public right-of-way.T. The street system of proposed subdivisions shall be designed to connect with existing, proposed, and planned streets outside of the subdivision as provided in this section.U. Wherever a proposed development abuts unplatted land or a future development phase of the same development, street stubs shall be provided to provide access to abutting properties or to logically extend the street system into the surrounding area. All street stubs shall be provided with a temporary turnaround unless specifically exempted by the public works director, and the restoration and extension of the street shall be the responsibility of any future developer of the abutting land.V. Minor collector and local residential access streets shall connect with surrounding streets to permit the convenient movement of traffic between residential neighborhoods or facilitate emergency access and evacuation. Connections shall be designed to avoid or minimize through traffic on local streets. Appropriate design and traffic control such as four-way stops and traffic calming measures are the preferred means of discouraging through traffic.W. The granting of the variation shall be in harmony with the purpose and intent of these regulations and shall not be considered until every feasible option for meeting access standards is explored.X. Applicants for a variance from these standards must provide proof of unique or special conditions that make strict application of the provisions impractical. Applicants shall include proof that:Indirect or restricted access cannot be obtained;No engineering or construction solutions can be applied to mitigate the condition; andNo alternative access is available from a street with a lower functional classification than the primary roadway.Y. No variance shall be granted where such hardship is self-created.(Ord. 152 § 1 (part), 2004)All transportation facilities will conform with the transportation system plan street development standards. Changes in the specific alignment of proposed public roads and highways shall be permitted without plan amendment if the new alignment falls within a transportation corridor identified in the transportation system plan. Transportation projects involving the operation, maintenance, repair and preservation of existing facilities that are consistent with the transportation system plan, the classification of that roadway and approved road standards shall be allowed, except where specifically regulated (i.e. within a floodplain). Dedication of right-of-way, authorization of construction and the construction of facilities and improvements shall be allowed, where the improvements are consistent with the transportation system plan, the classification of the roadway and approved road standards. For state projects that require an Environmental Impact Statement (EIS) or Environmental Assessment (EA), the draft EIS or EA shall serve as the documentation for local land use review, if local review is required. More specifically, uses will be permitted as follows:A. Uses permitted outright:Normal operation, maintenance, repair, and preservation activities associated with transportation facilities;Installation of culverts, pathways, fencing, guardrails, lighting, and similar types of improvements that take place within the existing right-of-way;Projects specifically identified in the transportation system plan as not requiring further land use regulation;Landscaping as part of a transportation facility;Emergency measures as necessary for the safety and protection of property;Acquisition of right-of-way for public roads, highways, and other transportation projects identified in the transportation system plan are permitted outright, except for those that are located in exclusive farm or forest zones.B. Conditional uses permitted:Construction, reconstruction, or widening of highways, roads, bridges, or other transportation projects that are: (a) not specifically identified in the transportation system plan or (b) not designed and constructed as part of a subdivision or planned development subject to site plan and/or conditional use review, shall comply with the transportation system plan and applicable standards, and shall address the following criteria. For state projects that require an EIS or EA, the draft EIS or EA shall be reviewed and used as the basis for findings to comply with the following criteria:a. The project is designed to be compatible with existing land use and social patterns, including noise generation, safety and zoning.b. The project is minimize avoidable environmental impacts, to identified wetlands, wildlife habit, air and water quality, and cultural resources.c. The project preserves or improves the safety and function of the facility through access management, traffic calming, or other design features.d. The project includes provision for bicycle and pedestrian circulation as consistent with the land use plan and other requirements of this title;Construction of rest areas, weigh stations, and temporary storage and processing sites;If review under this section indicates that the use or activity is inconsistent with the transportation system plan, the procedure for a plan amendment, including any necessary goal exceptions, shall be undertaken prior to or in conjunction with the conditional permit review.(Ord. 131 § 1 (part), 1999)
17.40.020 - Only one principal building on any lot.
No lot or contiguous lots under the same ownership shall be reduced below the minimum area and lot dimensions required by this title.(Ord. 5-1983 § 10.01)No dwelling shall be erected on a lot which does not abut at least one street for a minimum distance of twenty (20) feet. No building in the rear of a principal building on the same lot may be used for residential purposes, except for employment of the occupants of the principal building and their immediate families.(Ord. 5-1983 § 10.02)No part of a yard or other open space required around any building for the purpose of complying with the provisions of this title shall be included as part of a yard or other open space required under this title for another building.(Ord. 5-1983 § 10.03)Where the owner of a lot or lots of official record at the time of the enactment of the ordinance codified in this title does not own sufficient space in said lot or lots to enable him to conform to the yard and other requirements of this title, such lot or lots may be used as a building site; provided, that the yard space and other requirements shall conform as closely as possible in the opinion of the city council to the requirements for the district in which the property is located.(Ord. 5-1983 § 10.04)The front yard requirements of this title shall not apply where the average depth of the existing front yard on developed lots, located within one hundred (100) feet on each side of the lot and within the same block and zone, and fronting on the same street as such lot, is less than the minimum required front yard depth. In such cases the depth of the front yard on such lots shall not be less than the average existing front yard depth on the developed lots.(Ord. 5-1983 § 10.05)A. When a property or an existing building at the time of the passage of the ordinance codified in this title has a use which was legal prior to the passage of said ordinance, such may continue, even though it is not in conformity with these zoning regulations. Except as below, if the use of the building or premises is changed, it shall be changed to a use conforming to the zoning regulations and after such change, it will not be permissible to change back again to the original nonconforming use.B. A nonconforming use shall not be extended; however, the extension of a nonconforming use to any portion of a building which was arranged or designed for such nonconforming use at the time of the passage of the ordinance codified in this title shall not be deemed the extension of a nonconforming use.C. If a nonconforming use is discontinued for a period of ninety (90) days, the same cannot be again continued. If a building is unoccupied on the effective day of the ordinance codified in this title, then the last use shall be considered to be the use of record and the ninety (90) day period of discontinuance shall commence on the effective date of said ordinance.D. When a building having a nonconforming use is damaged by fire or other natural causes, and is not reconstructed within two years, then such building shall not be rebuilt unless in its construction and uses, it conforms fully to the requirements of this title and other ordinances of the city. Any reconstruction must be kept within the old foundation.E. No building or structure shall be moved from one lot or premises to another unless such building or structure conforms to all the provisions of the applicable zone.(Ord. 5-1983 § 10.06)Nothing in this title shall require any change in the plans, construction, alteration or designated use of a building upon which construction was actually begun previous to the passage of the ordinance codified in this title. However, such entire building must be completed in accordance with the original plans within one year from the date of commencing construction.(Ord. 5-1983 § 10.07)The following off-street parking requirements shall be provided at the time a building or structure is constructed or substantially altered, or there is a change in use of an existing structure for all zones except the CBD:A. Residences or Other Dwelling Units.Two spaces per single-family, duplex or mobilehome residence.One and one-half spaces each, for more than two dwelling units.Off-street parking spaces for dwellings shall be located on the same lot with the dwelling.B. Other Uses.Assembly-Type Use. One space per one hundred (100) square feet of assembly area.Motel or Resort. One space per unit.Office or Retail. One space per three hundred (300) feet of area.Restaurant or Tavern. One space per two hundred (200) square feet of seating area.Warehouse. One space per two thousand (2,000) square feet of warehouse area.Other Uses. As determined by the council.C. Off-Street Parking Requirements in the CBD.For uses in the CBD that require less than twenty (20) spaces as specified in subsection A or B of this section, there shall not be any required off-street parking.For uses in the CBD that require more than twenty (20) spaces as specified in subsection A or B of this section, there shall be provided the number of off-street parking spaces as specified in those sections except for housing which shall provide one space per dwelling unit or 0.5 spaces per dwelling unit of dedicated senior housing.(Ord. 152 § 1 (part), 2004; Ord. 5-1983 § 10.08)The minimum standards for bicycle parking spaces are as follows:A. Parking Lots. All public and commercial parking lots and parking structures shall provide a minimum of one bicycle parking space for every ten (10) motor vehicle parking spaces.B. Schools, Public and Private. Site plans for all schools shall consider accommodations for bicycle parking.C. In the CBD. In downtown areas with on-street parking, bicycle parking for customers shall be provided along the street at a rate of at least one space per use. Spaces may be clustered to serve up to six bicycles; at least one cluster per block shall be provided. Bicycle parking spaces shall be located in front of the stores along the street, either on the sidewalks in specially constructed areas such as pedestrian curb extensions. Bicycle parking shall not interfere with pedestrian passage, leaving a clear area of at least five feet. Customer spaces are not required to be sheltered. Sheltered parking (within a building, or under an eave, overhang, or similar structure) shall be provided at a rate of one space per ten (10) employees, with a minimum of one space per store.D. Multifamily Residences. Every residential use of four or more dwelling units shall provide at least one sheltered bicycle parking space for each unit.E. Office and Industrial Parks. A minimum of two bicycle parking spaces per use shall be required.(Ord. 152 § 1 (part), 2004)A. Internal pedestrian circulation shall be provided in new commercial, office, and multifamily residential developments through the clustering of buildings, construction of hard surface walkways, landscaping, accessways or similar techniques.B. All site plans (industrial and commercial) shall clearly show how the site's internal pedestrian and bicycle facilities connect with external existing or planned facilities or systems.C. On-site facilities shall be provided that accommodate "safe and convenient" pedestrian and bicycle access within new subdivisions, multifamily developments, planned development, shopping centers, and commercial districts, and connecting to adjacent residential areas and neighborhood activity centers. Residential developments shall include streets with sidewalks and accessways. Pedestrian circulation through parking lots shall be provided in the form of accessways.(Ord. 152 § 1 (part), 2004)Clear vision areas shall be provided with the following dimensions:A. A clear vision area shall be a triangular area on a lot at the intersection of two streets, two sides of which are lot lines measured a distance of thirty (30) feet from the corner intersection of the lot lines. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to the point of intersection.B. The clear vision area shall contain no plantings, walls, fences, structures or other temporary or permanent obstructions exceeding three feet in height measured from the grade of the street centerline, except that trees exceeding this height may be located in this area, provided all branches and foliage are removed to a height of eight feet above the grade.(Ord. 5-1983 § 10.09)An accessory use shall comply with all requirements for a principal use, except as this title specifically allows to the contrary, and shall comply with the following limitations:A. An accessory structure or use shall only be approved provided the principal use has been established.B. An accessory structure not used for human habitation and separated from the main building may be located in the required rear and side yard, except in the required street side yard of a corner lot, provided it is not closer than five feet to a property line.(Ord. 5-1983 § 10.10)The city council may issue a temporary use permit to allow the short-term use of a site by a mobile or temporary structure or activity. Such structures or activities may not be ordinarily allowed in the particular zone, but are necessary for some useful purpose, and, because of the temporary nature, will not adversely impact the neighborhood or city. The city council may require that certain measures be taken to protect neighboring uses or the city as a whole. Temporary use permits will be processed in the same manner as development permits and may be granted for any period of time up to one year, subject to renewal if necessary.(Ord. 5-1983 § 10.11)A. Where a right of access exists, access will be allowed to a property at less than the designated spacing standard only if that property does not have reasonable access and the designated spacing cannot be accomplished. If possible, other options should be considered such as joint access.B. Where the right of access exists, the number of approach roads (driveways) to a single property shall be limited to one, even when the property frontage exceeds the spacing standards. More than one approach road may be considered if, in the judgment of the Region Access Management Engineer, additional approach roads are necessary to accommodate and service the traffic to a property, and additional approach roads will not interfere with driver expectancy and the safety of the through traffic on the highway.C. Approach roads shall be located where they do not create undue interference or hazard to the free movement of normal highway or pedestrian traffic. Locations on sharp curves, steep grades, areas of restricted sight distance or at points which interfere with the placement and proper functioning of traffic control signs, signals, lighting or other devices that affect traffic operation will not be permitted.D. If a property becomes landlocked (no reasonable access exists) because an approach road cannot be safely constructed and operated, and all other alternatives have been explored and rejected, ODOT might be required to purchase the property. (Note: If a hardship is self-inflicted, such as by partitioning or subdividing a property, ODOT does not have responsibility for purchasing the property.E. Minimum spacing for public road approaches is either the existing city block spacing or the city block spacing as identified in the local comprehensive plan. Public road connections are preferred over private driveways, and in STAs driveways are discouraged. However, where driveways are allowed and where land use patterns permit, the minimum spacing for driveways is one hundred seventy-five (175) feet or mid-block if the current city block spacing is less than three hundred fifty (350) feet.F. Adjacent commercial or office properties classified as major traffic generators (i.e. shopping plazas, office parks), shall provide a cross access drive and pedestrian access to allow circulation between sites.G. A system of joint use driveways and cross access easements shall be established wherever feasible and shall incorporate the following:A continuous service drive or cross access corridor extending the entire length of each block served to provide for driveway separation consistent with the access management classification system and standards;A design speed of ten (10) mph and a maximum width of twenty (20) feet to accommodate two-way travel aisles designated to accommodate automobiles, service vehicles, and loading vehicles;Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross access via a service drive;A unified access and circulation system plan for coordinated or shared parking areas is encouraged.H. Shared parking areas shall be permitted as a reduction in required parking spaces if peak demands do not occur at the same time periods.I. Pursuant to this section, property owners shall:Record an easement with the deed allowing cross access to and from other properties served by the joint use driveways and cross access or service drive;Record an agreement with the deed that remaining access rights along the roadway will be dedicated to the city and pre-existing driveways will be closed and eliminated after construction of the joint-use driveway;Record a joint maintenance agreement with that deed defining maintenance responsibilities of property owners.J. The city may reduce required separation distance of access points where they prove impractical, provided all of the following requirements are met:Joint access driveways and cross access easements are provided in accordance with this section;The site plan incorporates a unified access and circulation system in accordance with this section;The property owner enters into a written agreement with the (city/county), recorded with the deed, the pre-existing connections on the site will be closed and eliminated after construction of each side of the joint use driveway.K. The city may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make a development of a unified or shared access and circulation system impractical.L. Driveways shall meet the following standards:If the driveway is a one-way in or one-way out drive, then the driveway shall be a minimum width of ten (10) feet and shall have appropriate signage designating the driveway as a one way connection;For two-way access, each lane shall have a minimum width of ten (10) feet.M. Driveway approaches must be designed and located to provide an exiting vehicle with an unobstructed view. Construction of driveways along acceleration or deceleration lanes and tapers shall be avoided due to the potential for vehicular weaving conflicts.N. The length of driveways shall be designed in accordance with the anticipated storage length for entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on-site circulation.O. In the interest of promoting unified access and circulation systems, development sites under the same ownership or consolidated for the purposes of development and comprised of more than one building site shall be reviewed as single properties in relation to the access standards of this chapter. The number of access points permitted shall be the minimum number necessary to provide reasonable access to these properties, not the maximum available for that frontage. All necessary easements, agreements, and stipulations shall be met. This shall also apply to phased development plans. The owner and all lessees within the affected area are responsible for compliance with the requirements of this chapter and both shall be cited for any violation.P. All access must be internalized using the shared circulation system of the principal development or retail center. Driveways shall be designed to avoid queuing across surrounding parking and driving aisles.Q. Legal access connections in place as of (date of adoption) that do not conform with the standards herein are considered nonconforming features and shall be brought into compliance with applicable standards under the following conditions:When new access connection permits are requested;Change in use or enlargements or improvements that will increase trip generation.R. Lots that front on more than one street shall be required to locate motor vehicle accesses on the street with the lower functional classification.S. When a residential subdivision is proposed that would abut an arterial, it shall be designed to provide through lots along the arterial with access from a frontage road or interior local road. Access rights of these lots to the arterial shall be dedicated to the city and recorded with the deed. A berm or buffer yard may be required at the rear of through lots to buffer residences from traffic on the arterial. The berm or buffer yard shall not be located with the public right-of-way.T. The street system of proposed subdivisions shall be designed to connect with existing, proposed, and planned streets outside of the subdivision as provided in this section.U. Wherever a proposed development abuts unplatted land or a future development phase of the same development, street stubs shall be provided to provide access to abutting properties or to logically extend the street system into the surrounding area. All street stubs shall be provided with a temporary turnaround unless specifically exempted by the public works director, and the restoration and extension of the street shall be the responsibility of any future developer of the abutting land.V. Minor collector and local residential access streets shall connect with surrounding streets to permit the convenient movement of traffic between residential neighborhoods or facilitate emergency access and evacuation. Connections shall be designed to avoid or minimize through traffic on local streets. Appropriate design and traffic control such as four-way stops and traffic calming measures are the preferred means of discouraging through traffic.W. The granting of the variation shall be in harmony with the purpose and intent of these regulations and shall not be considered until every feasible option for meeting access standards is explored.X. Applicants for a variance from these standards must provide proof of unique or special conditions that make strict application of the provisions impractical. Applicants shall include proof that:Indirect or restricted access cannot be obtained;No engineering or construction solutions can be applied to mitigate the condition; andNo alternative access is available from a street with a lower functional classification than the primary roadway.Y. No variance shall be granted where such hardship is self-created.(Ord. 152 § 1 (part), 2004)All transportation facilities will conform with the transportation system plan street development standards. Changes in the specific alignment of proposed public roads and highways shall be permitted without plan amendment if the new alignment falls within a transportation corridor identified in the transportation system plan. Transportation projects involving the operation, maintenance, repair and preservation of existing facilities that are consistent with the transportation system plan, the classification of that roadway and approved road standards shall be allowed, except where specifically regulated (i.e. within a floodplain). Dedication of right-of-way, authorization of construction and the construction of facilities and improvements shall be allowed, where the improvements are consistent with the transportation system plan, the classification of the roadway and approved road standards. For state projects that require an Environmental Impact Statement (EIS) or Environmental Assessment (EA), the draft EIS or EA shall serve as the documentation for local land use review, if local review is required. More specifically, uses will be permitted as follows:A. Uses permitted outright:Normal operation, maintenance, repair, and preservation activities associated with transportation facilities;Installation of culverts, pathways, fencing, guardrails, lighting, and similar types of improvements that take place within the existing right-of-way;Projects specifically identified in the transportation system plan as not requiring further land use regulation;Landscaping as part of a transportation facility;Emergency measures as necessary for the safety and protection of property;Acquisition of right-of-way for public roads, highways, and other transportation projects identified in the transportation system plan are permitted outright, except for those that are located in exclusive farm or forest zones.B. Conditional uses permitted:Construction, reconstruction, or widening of highways, roads, bridges, or other transportation projects that are: (a) not specifically identified in the transportation system plan or (b) not designed and constructed as part of a subdivision or planned development subject to site plan and/or conditional use review, shall comply with the transportation system plan and applicable standards, and shall address the following criteria. For state projects that require an EIS or EA, the draft EIS or EA shall be reviewed and used as the basis for findings to comply with the following criteria:a. The project is designed to be compatible with existing land use and social patterns, including noise generation, safety and zoning.b. The project is minimize avoidable environmental impacts, to identified wetlands, wildlife habit, air and water quality, and cultural resources.c. The project preserves or improves the safety and function of the facility through access management, traffic calming, or other design features.d. The project includes provision for bicycle and pedestrian circulation as consistent with the land use plan and other requirements of this title;Construction of rest areas, weigh stations, and temporary storage and processing sites;If review under this section indicates that the use or activity is inconsistent with the transportation system plan, the procedure for a plan amendment, including any necessary goal exceptions, shall be undertaken prior to or in conjunction with the conditional permit review.(Ord. 131 § 1 (part), 1999)
17.40.030 - Yard spaces shall not overlap.
No lot or contiguous lots under the same ownership shall be reduced below the minimum area and lot dimensions required by this title.(Ord. 5-1983 § 10.01)No dwelling shall be erected on a lot which does not abut at least one street for a minimum distance of twenty (20) feet. No building in the rear of a principal building on the same lot may be used for residential purposes, except for employment of the occupants of the principal building and their immediate families.(Ord. 5-1983 § 10.02)No part of a yard or other open space required around any building for the purpose of complying with the provisions of this title shall be included as part of a yard or other open space required under this title for another building.(Ord. 5-1983 § 10.03)Where the owner of a lot or lots of official record at the time of the enactment of the ordinance codified in this title does not own sufficient space in said lot or lots to enable him to conform to the yard and other requirements of this title, such lot or lots may be used as a building site; provided, that the yard space and other requirements shall conform as closely as possible in the opinion of the city council to the requirements for the district in which the property is located.(Ord. 5-1983 § 10.04)The front yard requirements of this title shall not apply where the average depth of the existing front yard on developed lots, located within one hundred (100) feet on each side of the lot and within the same block and zone, and fronting on the same street as such lot, is less than the minimum required front yard depth. In such cases the depth of the front yard on such lots shall not be less than the average existing front yard depth on the developed lots.(Ord. 5-1983 § 10.05)A. When a property or an existing building at the time of the passage of the ordinance codified in this title has a use which was legal prior to the passage of said ordinance, such may continue, even though it is not in conformity with these zoning regulations. Except as below, if the use of the building or premises is changed, it shall be changed to a use conforming to the zoning regulations and after such change, it will not be permissible to change back again to the original nonconforming use.B. A nonconforming use shall not be extended; however, the extension of a nonconforming use to any portion of a building which was arranged or designed for such nonconforming use at the time of the passage of the ordinance codified in this title shall not be deemed the extension of a nonconforming use.C. If a nonconforming use is discontinued for a period of ninety (90) days, the same cannot be again continued. If a building is unoccupied on the effective day of the ordinance codified in this title, then the last use shall be considered to be the use of record and the ninety (90) day period of discontinuance shall commence on the effective date of said ordinance.D. When a building having a nonconforming use is damaged by fire or other natural causes, and is not reconstructed within two years, then such building shall not be rebuilt unless in its construction and uses, it conforms fully to the requirements of this title and other ordinances of the city. Any reconstruction must be kept within the old foundation.E. No building or structure shall be moved from one lot or premises to another unless such building or structure conforms to all the provisions of the applicable zone.(Ord. 5-1983 § 10.06)Nothing in this title shall require any change in the plans, construction, alteration or designated use of a building upon which construction was actually begun previous to the passage of the ordinance codified in this title. However, such entire building must be completed in accordance with the original plans within one year from the date of commencing construction.(Ord. 5-1983 § 10.07)The following off-street parking requirements shall be provided at the time a building or structure is constructed or substantially altered, or there is a change in use of an existing structure for all zones except the CBD:A. Residences or Other Dwelling Units.Two spaces per single-family, duplex or mobilehome residence.One and one-half spaces each, for more than two dwelling units.Off-street parking spaces for dwellings shall be located on the same lot with the dwelling.B. Other Uses.Assembly-Type Use. One space per one hundred (100) square feet of assembly area.Motel or Resort. One space per unit.Office or Retail. One space per three hundred (300) feet of area.Restaurant or Tavern. One space per two hundred (200) square feet of seating area.Warehouse. One space per two thousand (2,000) square feet of warehouse area.Other Uses. As determined by the council.C. Off-Street Parking Requirements in the CBD.For uses in the CBD that require less than twenty (20) spaces as specified in subsection A or B of this section, there shall not be any required off-street parking.For uses in the CBD that require more than twenty (20) spaces as specified in subsection A or B of this section, there shall be provided the number of off-street parking spaces as specified in those sections except for housing which shall provide one space per dwelling unit or 0.5 spaces per dwelling unit of dedicated senior housing.(Ord. 152 § 1 (part), 2004; Ord. 5-1983 § 10.08)The minimum standards for bicycle parking spaces are as follows:A. Parking Lots. All public and commercial parking lots and parking structures shall provide a minimum of one bicycle parking space for every ten (10) motor vehicle parking spaces.B. Schools, Public and Private. Site plans for all schools shall consider accommodations for bicycle parking.C. In the CBD. In downtown areas with on-street parking, bicycle parking for customers shall be provided along the street at a rate of at least one space per use. Spaces may be clustered to serve up to six bicycles; at least one cluster per block shall be provided. Bicycle parking spaces shall be located in front of the stores along the street, either on the sidewalks in specially constructed areas such as pedestrian curb extensions. Bicycle parking shall not interfere with pedestrian passage, leaving a clear area of at least five feet. Customer spaces are not required to be sheltered. Sheltered parking (within a building, or under an eave, overhang, or similar structure) shall be provided at a rate of one space per ten (10) employees, with a minimum of one space per store.D. Multifamily Residences. Every residential use of four or more dwelling units shall provide at least one sheltered bicycle parking space for each unit.E. Office and Industrial Parks. A minimum of two bicycle parking spaces per use shall be required.(Ord. 152 § 1 (part), 2004)A. Internal pedestrian circulation shall be provided in new commercial, office, and multifamily residential developments through the clustering of buildings, construction of hard surface walkways, landscaping, accessways or similar techniques.B. All site plans (industrial and commercial) shall clearly show how the site's internal pedestrian and bicycle facilities connect with external existing or planned facilities or systems.C. On-site facilities shall be provided that accommodate "safe and convenient" pedestrian and bicycle access within new subdivisions, multifamily developments, planned development, shopping centers, and commercial districts, and connecting to adjacent residential areas and neighborhood activity centers. Residential developments shall include streets with sidewalks and accessways. Pedestrian circulation through parking lots shall be provided in the form of accessways.(Ord. 152 § 1 (part), 2004)Clear vision areas shall be provided with the following dimensions:A. A clear vision area shall be a triangular area on a lot at the intersection of two streets, two sides of which are lot lines measured a distance of thirty (30) feet from the corner intersection of the lot lines. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to the point of intersection.B. The clear vision area shall contain no plantings, walls, fences, structures or other temporary or permanent obstructions exceeding three feet in height measured from the grade of the street centerline, except that trees exceeding this height may be located in this area, provided all branches and foliage are removed to a height of eight feet above the grade.(Ord. 5-1983 § 10.09)An accessory use shall comply with all requirements for a principal use, except as this title specifically allows to the contrary, and shall comply with the following limitations:A. An accessory structure or use shall only be approved provided the principal use has been established.B. An accessory structure not used for human habitation and separated from the main building may be located in the required rear and side yard, except in the required street side yard of a corner lot, provided it is not closer than five feet to a property line.(Ord. 5-1983 § 10.10)The city council may issue a temporary use permit to allow the short-term use of a site by a mobile or temporary structure or activity. Such structures or activities may not be ordinarily allowed in the particular zone, but are necessary for some useful purpose, and, because of the temporary nature, will not adversely impact the neighborhood or city. The city council may require that certain measures be taken to protect neighboring uses or the city as a whole. Temporary use permits will be processed in the same manner as development permits and may be granted for any period of time up to one year, subject to renewal if necessary.(Ord. 5-1983 § 10.11)A. Where a right of access exists, access will be allowed to a property at less than the designated spacing standard only if that property does not have reasonable access and the designated spacing cannot be accomplished. If possible, other options should be considered such as joint access.B. Where the right of access exists, the number of approach roads (driveways) to a single property shall be limited to one, even when the property frontage exceeds the spacing standards. More than one approach road may be considered if, in the judgment of the Region Access Management Engineer, additional approach roads are necessary to accommodate and service the traffic to a property, and additional approach roads will not interfere with driver expectancy and the safety of the through traffic on the highway.C. Approach roads shall be located where they do not create undue interference or hazard to the free movement of normal highway or pedestrian traffic. Locations on sharp curves, steep grades, areas of restricted sight distance or at points which interfere with the placement and proper functioning of traffic control signs, signals, lighting or other devices that affect traffic operation will not be permitted.D. If a property becomes landlocked (no reasonable access exists) because an approach road cannot be safely constructed and operated, and all other alternatives have been explored and rejected, ODOT might be required to purchase the property. (Note: If a hardship is self-inflicted, such as by partitioning or subdividing a property, ODOT does not have responsibility for purchasing the property.E. Minimum spacing for public road approaches is either the existing city block spacing or the city block spacing as identified in the local comprehensive plan. Public road connections are preferred over private driveways, and in STAs driveways are discouraged. However, where driveways are allowed and where land use patterns permit, the minimum spacing for driveways is one hundred seventy-five (175) feet or mid-block if the current city block spacing is less than three hundred fifty (350) feet.F. Adjacent commercial or office properties classified as major traffic generators (i.e. shopping plazas, office parks), shall provide a cross access drive and pedestrian access to allow circulation between sites.G. A system of joint use driveways and cross access easements shall be established wherever feasible and shall incorporate the following:A continuous service drive or cross access corridor extending the entire length of each block served to provide for driveway separation consistent with the access management classification system and standards;A design speed of ten (10) mph and a maximum width of twenty (20) feet to accommodate two-way travel aisles designated to accommodate automobiles, service vehicles, and loading vehicles;Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross access via a service drive;A unified access and circulation system plan for coordinated or shared parking areas is encouraged.H. Shared parking areas shall be permitted as a reduction in required parking spaces if peak demands do not occur at the same time periods.I. Pursuant to this section, property owners shall:Record an easement with the deed allowing cross access to and from other properties served by the joint use driveways and cross access or service drive;Record an agreement with the deed that remaining access rights along the roadway will be dedicated to the city and pre-existing driveways will be closed and eliminated after construction of the joint-use driveway;Record a joint maintenance agreement with that deed defining maintenance responsibilities of property owners.J. The city may reduce required separation distance of access points where they prove impractical, provided all of the following requirements are met:Joint access driveways and cross access easements are provided in accordance with this section;The site plan incorporates a unified access and circulation system in accordance with this section;The property owner enters into a written agreement with the (city/county), recorded with the deed, the pre-existing connections on the site will be closed and eliminated after construction of each side of the joint use driveway.K. The city may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make a development of a unified or shared access and circulation system impractical.L. Driveways shall meet the following standards:If the driveway is a one-way in or one-way out drive, then the driveway shall be a minimum width of ten (10) feet and shall have appropriate signage designating the driveway as a one way connection;For two-way access, each lane shall have a minimum width of ten (10) feet.M. Driveway approaches must be designed and located to provide an exiting vehicle with an unobstructed view. Construction of driveways along acceleration or deceleration lanes and tapers shall be avoided due to the potential for vehicular weaving conflicts.N. The length of driveways shall be designed in accordance with the anticipated storage length for entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on-site circulation.O. In the interest of promoting unified access and circulation systems, development sites under the same ownership or consolidated for the purposes of development and comprised of more than one building site shall be reviewed as single properties in relation to the access standards of this chapter. The number of access points permitted shall be the minimum number necessary to provide reasonable access to these properties, not the maximum available for that frontage. All necessary easements, agreements, and stipulations shall be met. This shall also apply to phased development plans. The owner and all lessees within the affected area are responsible for compliance with the requirements of this chapter and both shall be cited for any violation.P. All access must be internalized using the shared circulation system of the principal development or retail center. Driveways shall be designed to avoid queuing across surrounding parking and driving aisles.Q. Legal access connections in place as of (date of adoption) that do not conform with the standards herein are considered nonconforming features and shall be brought into compliance with applicable standards under the following conditions:When new access connection permits are requested;Change in use or enlargements or improvements that will increase trip generation.R. Lots that front on more than one street shall be required to locate motor vehicle accesses on the street with the lower functional classification.S. When a residential subdivision is proposed that would abut an arterial, it shall be designed to provide through lots along the arterial with access from a frontage road or interior local road. Access rights of these lots to the arterial shall be dedicated to the city and recorded with the deed. A berm or buffer yard may be required at the rear of through lots to buffer residences from traffic on the arterial. The berm or buffer yard shall not be located with the public right-of-way.T. The street system of proposed subdivisions shall be designed to connect with existing, proposed, and planned streets outside of the subdivision as provided in this section.U. Wherever a proposed development abuts unplatted land or a future development phase of the same development, street stubs shall be provided to provide access to abutting properties or to logically extend the street system into the surrounding area. All street stubs shall be provided with a temporary turnaround unless specifically exempted by the public works director, and the restoration and extension of the street shall be the responsibility of any future developer of the abutting land.V. Minor collector and local residential access streets shall connect with surrounding streets to permit the convenient movement of traffic between residential neighborhoods or facilitate emergency access and evacuation. Connections shall be designed to avoid or minimize through traffic on local streets. Appropriate design and traffic control such as four-way stops and traffic calming measures are the preferred means of discouraging through traffic.W. The granting of the variation shall be in harmony with the purpose and intent of these regulations and shall not be considered until every feasible option for meeting access standards is explored.X. Applicants for a variance from these standards must provide proof of unique or special conditions that make strict application of the provisions impractical. Applicants shall include proof that:Indirect or restricted access cannot be obtained;No engineering or construction solutions can be applied to mitigate the condition; andNo alternative access is available from a street with a lower functional classification than the primary roadway.Y. No variance shall be granted where such hardship is self-created.(Ord. 152 § 1 (part), 2004)All transportation facilities will conform with the transportation system plan street development standards. Changes in the specific alignment of proposed public roads and highways shall be permitted without plan amendment if the new alignment falls within a transportation corridor identified in the transportation system plan. Transportation projects involving the operation, maintenance, repair and preservation of existing facilities that are consistent with the transportation system plan, the classification of that roadway and approved road standards shall be allowed, except where specifically regulated (i.e. within a floodplain). Dedication of right-of-way, authorization of construction and the construction of facilities and improvements shall be allowed, where the improvements are consistent with the transportation system plan, the classification of the roadway and approved road standards. For state projects that require an Environmental Impact Statement (EIS) or Environmental Assessment (EA), the draft EIS or EA shall serve as the documentation for local land use review, if local review is required. More specifically, uses will be permitted as follows:A. Uses permitted outright:Normal operation, maintenance, repair, and preservation activities associated with transportation facilities;Installation of culverts, pathways, fencing, guardrails, lighting, and similar types of improvements that take place within the existing right-of-way;Projects specifically identified in the transportation system plan as not requiring further land use regulation;Landscaping as part of a transportation facility;Emergency measures as necessary for the safety and protection of property;Acquisition of right-of-way for public roads, highways, and other transportation projects identified in the transportation system plan are permitted outright, except for those that are located in exclusive farm or forest zones.B. Conditional uses permitted:Construction, reconstruction, or widening of highways, roads, bridges, or other transportation projects that are: (a) not specifically identified in the transportation system plan or (b) not designed and constructed as part of a subdivision or planned development subject to site plan and/or conditional use review, shall comply with the transportation system plan and applicable standards, and shall address the following criteria. For state projects that require an EIS or EA, the draft EIS or EA shall be reviewed and used as the basis for findings to comply with the following criteria:a. The project is designed to be compatible with existing land use and social patterns, including noise generation, safety and zoning.b. The project is minimize avoidable environmental impacts, to identified wetlands, wildlife habit, air and water quality, and cultural resources.c. The project preserves or improves the safety and function of the facility through access management, traffic calming, or other design features.d. The project includes provision for bicycle and pedestrian circulation as consistent with the land use plan and other requirements of this title;Construction of rest areas, weigh stations, and temporary storage and processing sites;If review under this section indicates that the use or activity is inconsistent with the transportation system plan, the procedure for a plan amendment, including any necessary goal exceptions, shall be undertaken prior to or in conjunction with the conditional permit review.(Ord. 131 § 1 (part), 1999)
17.40.040 - Lot of record exemption.
No lot or contiguous lots under the same ownership shall be reduced below the minimum area and lot dimensions required by this title.(Ord. 5-1983 § 10.01)No dwelling shall be erected on a lot which does not abut at least one street for a minimum distance of twenty (20) feet. No building in the rear of a principal building on the same lot may be used for residential purposes, except for employment of the occupants of the principal building and their immediate families.(Ord. 5-1983 § 10.02)No part of a yard or other open space required around any building for the purpose of complying with the provisions of this title shall be included as part of a yard or other open space required under this title for another building.(Ord. 5-1983 § 10.03)Where the owner of a lot or lots of official record at the time of the enactment of the ordinance codified in this title does not own sufficient space in said lot or lots to enable him to conform to the yard and other requirements of this title, such lot or lots may be used as a building site; provided, that the yard space and other requirements shall conform as closely as possible in the opinion of the city council to the requirements for the district in which the property is located.(Ord. 5-1983 § 10.04)The front yard requirements of this title shall not apply where the average depth of the existing front yard on developed lots, located within one hundred (100) feet on each side of the lot and within the same block and zone, and fronting on the same street as such lot, is less than the minimum required front yard depth. In such cases the depth of the front yard on such lots shall not be less than the average existing front yard depth on the developed lots.(Ord. 5-1983 § 10.05)A. When a property or an existing building at the time of the passage of the ordinance codified in this title has a use which was legal prior to the passage of said ordinance, such may continue, even though it is not in conformity with these zoning regulations. Except as below, if the use of the building or premises is changed, it shall be changed to a use conforming to the zoning regulations and after such change, it will not be permissible to change back again to the original nonconforming use.B. A nonconforming use shall not be extended; however, the extension of a nonconforming use to any portion of a building which was arranged or designed for such nonconforming use at the time of the passage of the ordinance codified in this title shall not be deemed the extension of a nonconforming use.C. If a nonconforming use is discontinued for a period of ninety (90) days, the same cannot be again continued. If a building is unoccupied on the effective day of the ordinance codified in this title, then the last use shall be considered to be the use of record and the ninety (90) day period of discontinuance shall commence on the effective date of said ordinance.D. When a building having a nonconforming use is damaged by fire or other natural causes, and is not reconstructed within two years, then such building shall not be rebuilt unless in its construction and uses, it conforms fully to the requirements of this title and other ordinances of the city. Any reconstruction must be kept within the old foundation.E. No building or structure shall be moved from one lot or premises to another unless such building or structure conforms to all the provisions of the applicable zone.(Ord. 5-1983 § 10.06)Nothing in this title shall require any change in the plans, construction, alteration or designated use of a building upon which construction was actually begun previous to the passage of the ordinance codified in this title. However, such entire building must be completed in accordance with the original plans within one year from the date of commencing construction.(Ord. 5-1983 § 10.07)The following off-street parking requirements shall be provided at the time a building or structure is constructed or substantially altered, or there is a change in use of an existing structure for all zones except the CBD:A. Residences or Other Dwelling Units.Two spaces per single-family, duplex or mobilehome residence.One and one-half spaces each, for more than two dwelling units.Off-street parking spaces for dwellings shall be located on the same lot with the dwelling.B. Other Uses.Assembly-Type Use. One space per one hundred (100) square feet of assembly area.Motel or Resort. One space per unit.Office or Retail. One space per three hundred (300) feet of area.Restaurant or Tavern. One space per two hundred (200) square feet of seating area.Warehouse. One space per two thousand (2,000) square feet of warehouse area.Other Uses. As determined by the council.C. Off-Street Parking Requirements in the CBD.For uses in the CBD that require less than twenty (20) spaces as specified in subsection A or B of this section, there shall not be any required off-street parking.For uses in the CBD that require more than twenty (20) spaces as specified in subsection A or B of this section, there shall be provided the number of off-street parking spaces as specified in those sections except for housing which shall provide one space per dwelling unit or 0.5 spaces per dwelling unit of dedicated senior housing.(Ord. 152 § 1 (part), 2004; Ord. 5-1983 § 10.08)The minimum standards for bicycle parking spaces are as follows:A. Parking Lots. All public and commercial parking lots and parking structures shall provide a minimum of one bicycle parking space for every ten (10) motor vehicle parking spaces.B. Schools, Public and Private. Site plans for all schools shall consider accommodations for bicycle parking.C. In the CBD. In downtown areas with on-street parking, bicycle parking for customers shall be provided along the street at a rate of at least one space per use. Spaces may be clustered to serve up to six bicycles; at least one cluster per block shall be provided. Bicycle parking spaces shall be located in front of the stores along the street, either on the sidewalks in specially constructed areas such as pedestrian curb extensions. Bicycle parking shall not interfere with pedestrian passage, leaving a clear area of at least five feet. Customer spaces are not required to be sheltered. Sheltered parking (within a building, or under an eave, overhang, or similar structure) shall be provided at a rate of one space per ten (10) employees, with a minimum of one space per store.D. Multifamily Residences. Every residential use of four or more dwelling units shall provide at least one sheltered bicycle parking space for each unit.E. Office and Industrial Parks. A minimum of two bicycle parking spaces per use shall be required.(Ord. 152 § 1 (part), 2004)A. Internal pedestrian circulation shall be provided in new commercial, office, and multifamily residential developments through the clustering of buildings, construction of hard surface walkways, landscaping, accessways or similar techniques.B. All site plans (industrial and commercial) shall clearly show how the site's internal pedestrian and bicycle facilities connect with external existing or planned facilities or systems.C. On-site facilities shall be provided that accommodate "safe and convenient" pedestrian and bicycle access within new subdivisions, multifamily developments, planned development, shopping centers, and commercial districts, and connecting to adjacent residential areas and neighborhood activity centers. Residential developments shall include streets with sidewalks and accessways. Pedestrian circulation through parking lots shall be provided in the form of accessways.(Ord. 152 § 1 (part), 2004)Clear vision areas shall be provided with the following dimensions:A. A clear vision area shall be a triangular area on a lot at the intersection of two streets, two sides of which are lot lines measured a distance of thirty (30) feet from the corner intersection of the lot lines. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to the point of intersection.B. The clear vision area shall contain no plantings, walls, fences, structures or other temporary or permanent obstructions exceeding three feet in height measured from the grade of the street centerline, except that trees exceeding this height may be located in this area, provided all branches and foliage are removed to a height of eight feet above the grade.(Ord. 5-1983 § 10.09)An accessory use shall comply with all requirements for a principal use, except as this title specifically allows to the contrary, and shall comply with the following limitations:A. An accessory structure or use shall only be approved provided the principal use has been established.B. An accessory structure not used for human habitation and separated from the main building may be located in the required rear and side yard, except in the required street side yard of a corner lot, provided it is not closer than five feet to a property line.(Ord. 5-1983 § 10.10)The city council may issue a temporary use permit to allow the short-term use of a site by a mobile or temporary structure or activity. Such structures or activities may not be ordinarily allowed in the particular zone, but are necessary for some useful purpose, and, because of the temporary nature, will not adversely impact the neighborhood or city. The city council may require that certain measures be taken to protect neighboring uses or the city as a whole. Temporary use permits will be processed in the same manner as development permits and may be granted for any period of time up to one year, subject to renewal if necessary.(Ord. 5-1983 § 10.11)A. Where a right of access exists, access will be allowed to a property at less than the designated spacing standard only if that property does not have reasonable access and the designated spacing cannot be accomplished. If possible, other options should be considered such as joint access.B. Where the right of access exists, the number of approach roads (driveways) to a single property shall be limited to one, even when the property frontage exceeds the spacing standards. More than one approach road may be considered if, in the judgment of the Region Access Management Engineer, additional approach roads are necessary to accommodate and service the traffic to a property, and additional approach roads will not interfere with driver expectancy and the safety of the through traffic on the highway.C. Approach roads shall be located where they do not create undue interference or hazard to the free movement of normal highway or pedestrian traffic. Locations on sharp curves, steep grades, areas of restricted sight distance or at points which interfere with the placement and proper functioning of traffic control signs, signals, lighting or other devices that affect traffic operation will not be permitted.D. If a property becomes landlocked (no reasonable access exists) because an approach road cannot be safely constructed and operated, and all other alternatives have been explored and rejected, ODOT might be required to purchase the property. (Note: If a hardship is self-inflicted, such as by partitioning or subdividing a property, ODOT does not have responsibility for purchasing the property.E. Minimum spacing for public road approaches is either the existing city block spacing or the city block spacing as identified in the local comprehensive plan. Public road connections are preferred over private driveways, and in STAs driveways are discouraged. However, where driveways are allowed and where land use patterns permit, the minimum spacing for driveways is one hundred seventy-five (175) feet or mid-block if the current city block spacing is less than three hundred fifty (350) feet.F. Adjacent commercial or office properties classified as major traffic generators (i.e. shopping plazas, office parks), shall provide a cross access drive and pedestrian access to allow circulation between sites.G. A system of joint use driveways and cross access easements shall be established wherever feasible and shall incorporate the following:A continuous service drive or cross access corridor extending the entire length of each block served to provide for driveway separation consistent with the access management classification system and standards;A design speed of ten (10) mph and a maximum width of twenty (20) feet to accommodate two-way travel aisles designated to accommodate automobiles, service vehicles, and loading vehicles;Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross access via a service drive;A unified access and circulation system plan for coordinated or shared parking areas is encouraged.H. Shared parking areas shall be permitted as a reduction in required parking spaces if peak demands do not occur at the same time periods.I. Pursuant to this section, property owners shall:Record an easement with the deed allowing cross access to and from other properties served by the joint use driveways and cross access or service drive;Record an agreement with the deed that remaining access rights along the roadway will be dedicated to the city and pre-existing driveways will be closed and eliminated after construction of the joint-use driveway;Record a joint maintenance agreement with that deed defining maintenance responsibilities of property owners.J. The city may reduce required separation distance of access points where they prove impractical, provided all of the following requirements are met:Joint access driveways and cross access easements are provided in accordance with this section;The site plan incorporates a unified access and circulation system in accordance with this section;The property owner enters into a written agreement with the (city/county), recorded with the deed, the pre-existing connections on the site will be closed and eliminated after construction of each side of the joint use driveway.K. The city may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make a development of a unified or shared access and circulation system impractical.L. Driveways shall meet the following standards:If the driveway is a one-way in or one-way out drive, then the driveway shall be a minimum width of ten (10) feet and shall have appropriate signage designating the driveway as a one way connection;For two-way access, each lane shall have a minimum width of ten (10) feet.M. Driveway approaches must be designed and located to provide an exiting vehicle with an unobstructed view. Construction of driveways along acceleration or deceleration lanes and tapers shall be avoided due to the potential for vehicular weaving conflicts.N. The length of driveways shall be designed in accordance with the anticipated storage length for entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on-site circulation.O. In the interest of promoting unified access and circulation systems, development sites under the same ownership or consolidated for the purposes of development and comprised of more than one building site shall be reviewed as single properties in relation to the access standards of this chapter. The number of access points permitted shall be the minimum number necessary to provide reasonable access to these properties, not the maximum available for that frontage. All necessary easements, agreements, and stipulations shall be met. This shall also apply to phased development plans. The owner and all lessees within the affected area are responsible for compliance with the requirements of this chapter and both shall be cited for any violation.P. All access must be internalized using the shared circulation system of the principal development or retail center. Driveways shall be designed to avoid queuing across surrounding parking and driving aisles.Q. Legal access connections in place as of (date of adoption) that do not conform with the standards herein are considered nonconforming features and shall be brought into compliance with applicable standards under the following conditions:When new access connection permits are requested;Change in use or enlargements or improvements that will increase trip generation.R. Lots that front on more than one street shall be required to locate motor vehicle accesses on the street with the lower functional classification.S. When a residential subdivision is proposed that would abut an arterial, it shall be designed to provide through lots along the arterial with access from a frontage road or interior local road. Access rights of these lots to the arterial shall be dedicated to the city and recorded with the deed. A berm or buffer yard may be required at the rear of through lots to buffer residences from traffic on the arterial. The berm or buffer yard shall not be located with the public right-of-way.T. The street system of proposed subdivisions shall be designed to connect with existing, proposed, and planned streets outside of the subdivision as provided in this section.U. Wherever a proposed development abuts unplatted land or a future development phase of the same development, street stubs shall be provided to provide access to abutting properties or to logically extend the street system into the surrounding area. All street stubs shall be provided with a temporary turnaround unless specifically exempted by the public works director, and the restoration and extension of the street shall be the responsibility of any future developer of the abutting land.V. Minor collector and local residential access streets shall connect with surrounding streets to permit the convenient movement of traffic between residential neighborhoods or facilitate emergency access and evacuation. Connections shall be designed to avoid or minimize through traffic on local streets. Appropriate design and traffic control such as four-way stops and traffic calming measures are the preferred means of discouraging through traffic.W. The granting of the variation shall be in harmony with the purpose and intent of these regulations and shall not be considered until every feasible option for meeting access standards is explored.X. Applicants for a variance from these standards must provide proof of unique or special conditions that make strict application of the provisions impractical. Applicants shall include proof that:Indirect or restricted access cannot be obtained;No engineering or construction solutions can be applied to mitigate the condition; andNo alternative access is available from a street with a lower functional classification than the primary roadway.Y. No variance shall be granted where such hardship is self-created.(Ord. 152 § 1 (part), 2004)All transportation facilities will conform with the transportation system plan street development standards. Changes in the specific alignment of proposed public roads and highways shall be permitted without plan amendment if the new alignment falls within a transportation corridor identified in the transportation system plan. Transportation projects involving the operation, maintenance, repair and preservation of existing facilities that are consistent with the transportation system plan, the classification of that roadway and approved road standards shall be allowed, except where specifically regulated (i.e. within a floodplain). Dedication of right-of-way, authorization of construction and the construction of facilities and improvements shall be allowed, where the improvements are consistent with the transportation system plan, the classification of the roadway and approved road standards. For state projects that require an Environmental Impact Statement (EIS) or Environmental Assessment (EA), the draft EIS or EA shall serve as the documentation for local land use review, if local review is required. More specifically, uses will be permitted as follows:A. Uses permitted outright:Normal operation, maintenance, repair, and preservation activities associated with transportation facilities;Installation of culverts, pathways, fencing, guardrails, lighting, and similar types of improvements that take place within the existing right-of-way;Projects specifically identified in the transportation system plan as not requiring further land use regulation;Landscaping as part of a transportation facility;Emergency measures as necessary for the safety and protection of property;Acquisition of right-of-way for public roads, highways, and other transportation projects identified in the transportation system plan are permitted outright, except for those that are located in exclusive farm or forest zones.B. Conditional uses permitted:Construction, reconstruction, or widening of highways, roads, bridges, or other transportation projects that are: (a) not specifically identified in the transportation system plan or (b) not designed and constructed as part of a subdivision or planned development subject to site plan and/or conditional use review, shall comply with the transportation system plan and applicable standards, and shall address the following criteria. For state projects that require an EIS or EA, the draft EIS or EA shall be reviewed and used as the basis for findings to comply with the following criteria:a. The project is designed to be compatible with existing land use and social patterns, including noise generation, safety and zoning.b. The project is minimize avoidable environmental impacts, to identified wetlands, wildlife habit, air and water quality, and cultural resources.c. The project preserves or improves the safety and function of the facility through access management, traffic calming, or other design features.d. The project includes provision for bicycle and pedestrian circulation as consistent with the land use plan and other requirements of this title;Construction of rest areas, weigh stations, and temporary storage and processing sites;If review under this section indicates that the use or activity is inconsistent with the transportation system plan, the procedure for a plan amendment, including any necessary goal exceptions, shall be undertaken prior to or in conjunction with the conditional permit review.(Ord. 131 § 1 (part), 1999)
17.40.050 - Front yards.
No lot or contiguous lots under the same ownership shall be reduced below the minimum area and lot dimensions required by this title.(Ord. 5-1983 § 10.01)No dwelling shall be erected on a lot which does not abut at least one street for a minimum distance of twenty (20) feet. No building in the rear of a principal building on the same lot may be used for residential purposes, except for employment of the occupants of the principal building and their immediate families.(Ord. 5-1983 § 10.02)No part of a yard or other open space required around any building for the purpose of complying with the provisions of this title shall be included as part of a yard or other open space required under this title for another building.(Ord. 5-1983 § 10.03)Where the owner of a lot or lots of official record at the time of the enactment of the ordinance codified in this title does not own sufficient space in said lot or lots to enable him to conform to the yard and other requirements of this title, such lot or lots may be used as a building site; provided, that the yard space and other requirements shall conform as closely as possible in the opinion of the city council to the requirements for the district in which the property is located.(Ord. 5-1983 § 10.04)The front yard requirements of this title shall not apply where the average depth of the existing front yard on developed lots, located within one hundred (100) feet on each side of the lot and within the same block and zone, and fronting on the same street as such lot, is less than the minimum required front yard depth. In such cases the depth of the front yard on such lots shall not be less than the average existing front yard depth on the developed lots.(Ord. 5-1983 § 10.05)A. When a property or an existing building at the time of the passage of the ordinance codified in this title has a use which was legal prior to the passage of said ordinance, such may continue, even though it is not in conformity with these zoning regulations. Except as below, if the use of the building or premises is changed, it shall be changed to a use conforming to the zoning regulations and after such change, it will not be permissible to change back again to the original nonconforming use.B. A nonconforming use shall not be extended; however, the extension of a nonconforming use to any portion of a building which was arranged or designed for such nonconforming use at the time of the passage of the ordinance codified in this title shall not be deemed the extension of a nonconforming use.C. If a nonconforming use is discontinued for a period of ninety (90) days, the same cannot be again continued. If a building is unoccupied on the effective day of the ordinance codified in this title, then the last use shall be considered to be the use of record and the ninety (90) day period of discontinuance shall commence on the effective date of said ordinance.D. When a building having a nonconforming use is damaged by fire or other natural causes, and is not reconstructed within two years, then such building shall not be rebuilt unless in its construction and uses, it conforms fully to the requirements of this title and other ordinances of the city. Any reconstruction must be kept within the old foundation.E. No building or structure shall be moved from one lot or premises to another unless such building or structure conforms to all the provisions of the applicable zone.(Ord. 5-1983 § 10.06)Nothing in this title shall require any change in the plans, construction, alteration or designated use of a building upon which construction was actually begun previous to the passage of the ordinance codified in this title. However, such entire building must be completed in accordance with the original plans within one year from the date of commencing construction.(Ord. 5-1983 § 10.07)The following off-street parking requirements shall be provided at the time a building or structure is constructed or substantially altered, or there is a change in use of an existing structure for all zones except the CBD:A. Residences or Other Dwelling Units.Two spaces per single-family, duplex or mobilehome residence.One and one-half spaces each, for more than two dwelling units.Off-street parking spaces for dwellings shall be located on the same lot with the dwelling.B. Other Uses.Assembly-Type Use. One space per one hundred (100) square feet of assembly area.Motel or Resort. One space per unit.Office or Retail. One space per three hundred (300) feet of area.Restaurant or Tavern. One space per two hundred (200) square feet of seating area.Warehouse. One space per two thousand (2,000) square feet of warehouse area.Other Uses. As determined by the council.C. Off-Street Parking Requirements in the CBD.For uses in the CBD that require less than twenty (20) spaces as specified in subsection A or B of this section, there shall not be any required off-street parking.For uses in the CBD that require more than twenty (20) spaces as specified in subsection A or B of this section, there shall be provided the number of off-street parking spaces as specified in those sections except for housing which shall provide one space per dwelling unit or 0.5 spaces per dwelling unit of dedicated senior housing.(Ord. 152 § 1 (part), 2004; Ord. 5-1983 § 10.08)The minimum standards for bicycle parking spaces are as follows:A. Parking Lots. All public and commercial parking lots and parking structures shall provide a minimum of one bicycle parking space for every ten (10) motor vehicle parking spaces.B. Schools, Public and Private. Site plans for all schools shall consider accommodations for bicycle parking.C. In the CBD. In downtown areas with on-street parking, bicycle parking for customers shall be provided along the street at a rate of at least one space per use. Spaces may be clustered to serve up to six bicycles; at least one cluster per block shall be provided. Bicycle parking spaces shall be located in front of the stores along the street, either on the sidewalks in specially constructed areas such as pedestrian curb extensions. Bicycle parking shall not interfere with pedestrian passage, leaving a clear area of at least five feet. Customer spaces are not required to be sheltered. Sheltered parking (within a building, or under an eave, overhang, or similar structure) shall be provided at a rate of one space per ten (10) employees, with a minimum of one space per store.D. Multifamily Residences. Every residential use of four or more dwelling units shall provide at least one sheltered bicycle parking space for each unit.E. Office and Industrial Parks. A minimum of two bicycle parking spaces per use shall be required.(Ord. 152 § 1 (part), 2004)A. Internal pedestrian circulation shall be provided in new commercial, office, and multifamily residential developments through the clustering of buildings, construction of hard surface walkways, landscaping, accessways or similar techniques.B. All site plans (industrial and commercial) shall clearly show how the site's internal pedestrian and bicycle facilities connect with external existing or planned facilities or systems.C. On-site facilities shall be provided that accommodate "safe and convenient" pedestrian and bicycle access within new subdivisions, multifamily developments, planned development, shopping centers, and commercial districts, and connecting to adjacent residential areas and neighborhood activity centers. Residential developments shall include streets with sidewalks and accessways. Pedestrian circulation through parking lots shall be provided in the form of accessways.(Ord. 152 § 1 (part), 2004)Clear vision areas shall be provided with the following dimensions:A. A clear vision area shall be a triangular area on a lot at the intersection of two streets, two sides of which are lot lines measured a distance of thirty (30) feet from the corner intersection of the lot lines. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to the point of intersection.B. The clear vision area shall contain no plantings, walls, fences, structures or other temporary or permanent obstructions exceeding three feet in height measured from the grade of the street centerline, except that trees exceeding this height may be located in this area, provided all branches and foliage are removed to a height of eight feet above the grade.(Ord. 5-1983 § 10.09)An accessory use shall comply with all requirements for a principal use, except as this title specifically allows to the contrary, and shall comply with the following limitations:A. An accessory structure or use shall only be approved provided the principal use has been established.B. An accessory structure not used for human habitation and separated from the main building may be located in the required rear and side yard, except in the required street side yard of a corner lot, provided it is not closer than five feet to a property line.(Ord. 5-1983 § 10.10)The city council may issue a temporary use permit to allow the short-term use of a site by a mobile or temporary structure or activity. Such structures or activities may not be ordinarily allowed in the particular zone, but are necessary for some useful purpose, and, because of the temporary nature, will not adversely impact the neighborhood or city. The city council may require that certain measures be taken to protect neighboring uses or the city as a whole. Temporary use permits will be processed in the same manner as development permits and may be granted for any period of time up to one year, subject to renewal if necessary.(Ord. 5-1983 § 10.11)A. Where a right of access exists, access will be allowed to a property at less than the designated spacing standard only if that property does not have reasonable access and the designated spacing cannot be accomplished. If possible, other options should be considered such as joint access.B. Where the right of access exists, the number of approach roads (driveways) to a single property shall be limited to one, even when the property frontage exceeds the spacing standards. More than one approach road may be considered if, in the judgment of the Region Access Management Engineer, additional approach roads are necessary to accommodate and service the traffic to a property, and additional approach roads will not interfere with driver expectancy and the safety of the through traffic on the highway.C. Approach roads shall be located where they do not create undue interference or hazard to the free movement of normal highway or pedestrian traffic. Locations on sharp curves, steep grades, areas of restricted sight distance or at points which interfere with the placement and proper functioning of traffic control signs, signals, lighting or other devices that affect traffic operation will not be permitted.D. If a property becomes landlocked (no reasonable access exists) because an approach road cannot be safely constructed and operated, and all other alternatives have been explored and rejected, ODOT might be required to purchase the property. (Note: If a hardship is self-inflicted, such as by partitioning or subdividing a property, ODOT does not have responsibility for purchasing the property.E. Minimum spacing for public road approaches is either the existing city block spacing or the city block spacing as identified in the local comprehensive plan. Public road connections are preferred over private driveways, and in STAs driveways are discouraged. However, where driveways are allowed and where land use patterns permit, the minimum spacing for driveways is one hundred seventy-five (175) feet or mid-block if the current city block spacing is less than three hundred fifty (350) feet.F. Adjacent commercial or office properties classified as major traffic generators (i.e. shopping plazas, office parks), shall provide a cross access drive and pedestrian access to allow circulation between sites.G. A system of joint use driveways and cross access easements shall be established wherever feasible and shall incorporate the following:A continuous service drive or cross access corridor extending the entire length of each block served to provide for driveway separation consistent with the access management classification system and standards;A design speed of ten (10) mph and a maximum width of twenty (20) feet to accommodate two-way travel aisles designated to accommodate automobiles, service vehicles, and loading vehicles;Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross access via a service drive;A unified access and circulation system plan for coordinated or shared parking areas is encouraged.H. Shared parking areas shall be permitted as a reduction in required parking spaces if peak demands do not occur at the same time periods.I. Pursuant to this section, property owners shall:Record an easement with the deed allowing cross access to and from other properties served by the joint use driveways and cross access or service drive;Record an agreement with the deed that remaining access rights along the roadway will be dedicated to the city and pre-existing driveways will be closed and eliminated after construction of the joint-use driveway;Record a joint maintenance agreement with that deed defining maintenance responsibilities of property owners.J. The city may reduce required separation distance of access points where they prove impractical, provided all of the following requirements are met:Joint access driveways and cross access easements are provided in accordance with this section;The site plan incorporates a unified access and circulation system in accordance with this section;The property owner enters into a written agreement with the (city/county), recorded with the deed, the pre-existing connections on the site will be closed and eliminated after construction of each side of the joint use driveway.K. The city may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make a development of a unified or shared access and circulation system impractical.L. Driveways shall meet the following standards:If the driveway is a one-way in or one-way out drive, then the driveway shall be a minimum width of ten (10) feet and shall have appropriate signage designating the driveway as a one way connection;For two-way access, each lane shall have a minimum width of ten (10) feet.M. Driveway approaches must be designed and located to provide an exiting vehicle with an unobstructed view. Construction of driveways along acceleration or deceleration lanes and tapers shall be avoided due to the potential for vehicular weaving conflicts.N. The length of driveways shall be designed in accordance with the anticipated storage length for entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on-site circulation.O. In the interest of promoting unified access and circulation systems, development sites under the same ownership or consolidated for the purposes of development and comprised of more than one building site shall be reviewed as single properties in relation to the access standards of this chapter. The number of access points permitted shall be the minimum number necessary to provide reasonable access to these properties, not the maximum available for that frontage. All necessary easements, agreements, and stipulations shall be met. This shall also apply to phased development plans. The owner and all lessees within the affected area are responsible for compliance with the requirements of this chapter and both shall be cited for any violation.P. All access must be internalized using the shared circulation system of the principal development or retail center. Driveways shall be designed to avoid queuing across surrounding parking and driving aisles.Q. Legal access connections in place as of (date of adoption) that do not conform with the standards herein are considered nonconforming features and shall be brought into compliance with applicable standards under the following conditions:When new access connection permits are requested;Change in use or enlargements or improvements that will increase trip generation.R. Lots that front on more than one street shall be required to locate motor vehicle accesses on the street with the lower functional classification.S. When a residential subdivision is proposed that would abut an arterial, it shall be designed to provide through lots along the arterial with access from a frontage road or interior local road. Access rights of these lots to the arterial shall be dedicated to the city and recorded with the deed. A berm or buffer yard may be required at the rear of through lots to buffer residences from traffic on the arterial. The berm or buffer yard shall not be located with the public right-of-way.T. The street system of proposed subdivisions shall be designed to connect with existing, proposed, and planned streets outside of the subdivision as provided in this section.U. Wherever a proposed development abuts unplatted land or a future development phase of the same development, street stubs shall be provided to provide access to abutting properties or to logically extend the street system into the surrounding area. All street stubs shall be provided with a temporary turnaround unless specifically exempted by the public works director, and the restoration and extension of the street shall be the responsibility of any future developer of the abutting land.V. Minor collector and local residential access streets shall connect with surrounding streets to permit the convenient movement of traffic between residential neighborhoods or facilitate emergency access and evacuation. Connections shall be designed to avoid or minimize through traffic on local streets. Appropriate design and traffic control such as four-way stops and traffic calming measures are the preferred means of discouraging through traffic.W. The granting of the variation shall be in harmony with the purpose and intent of these regulations and shall not be considered until every feasible option for meeting access standards is explored.X. Applicants for a variance from these standards must provide proof of unique or special conditions that make strict application of the provisions impractical. Applicants shall include proof that:Indirect or restricted access cannot be obtained;No engineering or construction solutions can be applied to mitigate the condition; andNo alternative access is available from a street with a lower functional classification than the primary roadway.Y. No variance shall be granted where such hardship is self-created.(Ord. 152 § 1 (part), 2004)All transportation facilities will conform with the transportation system plan street development standards. Changes in the specific alignment of proposed public roads and highways shall be permitted without plan amendment if the new alignment falls within a transportation corridor identified in the transportation system plan. Transportation projects involving the operation, maintenance, repair and preservation of existing facilities that are consistent with the transportation system plan, the classification of that roadway and approved road standards shall be allowed, except where specifically regulated (i.e. within a floodplain). Dedication of right-of-way, authorization of construction and the construction of facilities and improvements shall be allowed, where the improvements are consistent with the transportation system plan, the classification of the roadway and approved road standards. For state projects that require an Environmental Impact Statement (EIS) or Environmental Assessment (EA), the draft EIS or EA shall serve as the documentation for local land use review, if local review is required. More specifically, uses will be permitted as follows:A. Uses permitted outright:Normal operation, maintenance, repair, and preservation activities associated with transportation facilities;Installation of culverts, pathways, fencing, guardrails, lighting, and similar types of improvements that take place within the existing right-of-way;Projects specifically identified in the transportation system plan as not requiring further land use regulation;Landscaping as part of a transportation facility;Emergency measures as necessary for the safety and protection of property;Acquisition of right-of-way for public roads, highways, and other transportation projects identified in the transportation system plan are permitted outright, except for those that are located in exclusive farm or forest zones.B. Conditional uses permitted:Construction, reconstruction, or widening of highways, roads, bridges, or other transportation projects that are: (a) not specifically identified in the transportation system plan or (b) not designed and constructed as part of a subdivision or planned development subject to site plan and/or conditional use review, shall comply with the transportation system plan and applicable standards, and shall address the following criteria. For state projects that require an EIS or EA, the draft EIS or EA shall be reviewed and used as the basis for findings to comply with the following criteria:a. The project is designed to be compatible with existing land use and social patterns, including noise generation, safety and zoning.b. The project is minimize avoidable environmental impacts, to identified wetlands, wildlife habit, air and water quality, and cultural resources.c. The project preserves or improves the safety and function of the facility through access management, traffic calming, or other design features.d. The project includes provision for bicycle and pedestrian circulation as consistent with the land use plan and other requirements of this title;Construction of rest areas, weigh stations, and temporary storage and processing sites;If review under this section indicates that the use or activity is inconsistent with the transportation system plan, the procedure for a plan amendment, including any necessary goal exceptions, shall be undertaken prior to or in conjunction with the conditional permit review.(Ord. 131 § 1 (part), 1999)
17.40.060 - Existing buildings and nonconforming uses.
No lot or contiguous lots under the same ownership shall be reduced below the minimum area and lot dimensions required by this title.(Ord. 5-1983 § 10.01)No dwelling shall be erected on a lot which does not abut at least one street for a minimum distance of twenty (20) feet. No building in the rear of a principal building on the same lot may be used for residential purposes, except for employment of the occupants of the principal building and their immediate families.(Ord. 5-1983 § 10.02)No part of a yard or other open space required around any building for the purpose of complying with the provisions of this title shall be included as part of a yard or other open space required under this title for another building.(Ord. 5-1983 § 10.03)Where the owner of a lot or lots of official record at the time of the enactment of the ordinance codified in this title does not own sufficient space in said lot or lots to enable him to conform to the yard and other requirements of this title, such lot or lots may be used as a building site; provided, that the yard space and other requirements shall conform as closely as possible in the opinion of the city council to the requirements for the district in which the property is located.(Ord. 5-1983 § 10.04)The front yard requirements of this title shall not apply where the average depth of the existing front yard on developed lots, located within one hundred (100) feet on each side of the lot and within the same block and zone, and fronting on the same street as such lot, is less than the minimum required front yard depth. In such cases the depth of the front yard on such lots shall not be less than the average existing front yard depth on the developed lots.(Ord. 5-1983 § 10.05)A. When a property or an existing building at the time of the passage of the ordinance codified in this title has a use which was legal prior to the passage of said ordinance, such may continue, even though it is not in conformity with these zoning regulations. Except as below, if the use of the building or premises is changed, it shall be changed to a use conforming to the zoning regulations and after such change, it will not be permissible to change back again to the original nonconforming use.B. A nonconforming use shall not be extended; however, the extension of a nonconforming use to any portion of a building which was arranged or designed for such nonconforming use at the time of the passage of the ordinance codified in this title shall not be deemed the extension of a nonconforming use.C. If a nonconforming use is discontinued for a period of ninety (90) days, the same cannot be again continued. If a building is unoccupied on the effective day of the ordinance codified in this title, then the last use shall be considered to be the use of record and the ninety (90) day period of discontinuance shall commence on the effective date of said ordinance.D. When a building having a nonconforming use is damaged by fire or other natural causes, and is not reconstructed within two years, then such building shall not be rebuilt unless in its construction and uses, it conforms fully to the requirements of this title and other ordinances of the city. Any reconstruction must be kept within the old foundation.E. No building or structure shall be moved from one lot or premises to another unless such building or structure conforms to all the provisions of the applicable zone.(Ord. 5-1983 § 10.06)Nothing in this title shall require any change in the plans, construction, alteration or designated use of a building upon which construction was actually begun previous to the passage of the ordinance codified in this title. However, such entire building must be completed in accordance with the original plans within one year from the date of commencing construction.(Ord. 5-1983 § 10.07)The following off-street parking requirements shall be provided at the time a building or structure is constructed or substantially altered, or there is a change in use of an existing structure for all zones except the CBD:A. Residences or Other Dwelling Units.Two spaces per single-family, duplex or mobilehome residence.One and one-half spaces each, for more than two dwelling units.Off-street parking spaces for dwellings shall be located on the same lot with the dwelling.B. Other Uses.Assembly-Type Use. One space per one hundred (100) square feet of assembly area.Motel or Resort. One space per unit.Office or Retail. One space per three hundred (300) feet of area.Restaurant or Tavern. One space per two hundred (200) square feet of seating area.Warehouse. One space per two thousand (2,000) square feet of warehouse area.Other Uses. As determined by the council.C. Off-Street Parking Requirements in the CBD.For uses in the CBD that require less than twenty (20) spaces as specified in subsection A or B of this section, there shall not be any required off-street parking.For uses in the CBD that require more than twenty (20) spaces as specified in subsection A or B of this section, there shall be provided the number of off-street parking spaces as specified in those sections except for housing which shall provide one space per dwelling unit or 0.5 spaces per dwelling unit of dedicated senior housing.(Ord. 152 § 1 (part), 2004; Ord. 5-1983 § 10.08)The minimum standards for bicycle parking spaces are as follows:A. Parking Lots. All public and commercial parking lots and parking structures shall provide a minimum of one bicycle parking space for every ten (10) motor vehicle parking spaces.B. Schools, Public and Private. Site plans for all schools shall consider accommodations for bicycle parking.C. In the CBD. In downtown areas with on-street parking, bicycle parking for customers shall be provided along the street at a rate of at least one space per use. Spaces may be clustered to serve up to six bicycles; at least one cluster per block shall be provided. Bicycle parking spaces shall be located in front of the stores along the street, either on the sidewalks in specially constructed areas such as pedestrian curb extensions. Bicycle parking shall not interfere with pedestrian passage, leaving a clear area of at least five feet. Customer spaces are not required to be sheltered. Sheltered parking (within a building, or under an eave, overhang, or similar structure) shall be provided at a rate of one space per ten (10) employees, with a minimum of one space per store.D. Multifamily Residences. Every residential use of four or more dwelling units shall provide at least one sheltered bicycle parking space for each unit.E. Office and Industrial Parks. A minimum of two bicycle parking spaces per use shall be required.(Ord. 152 § 1 (part), 2004)A. Internal pedestrian circulation shall be provided in new commercial, office, and multifamily residential developments through the clustering of buildings, construction of hard surface walkways, landscaping, accessways or similar techniques.B. All site plans (industrial and commercial) shall clearly show how the site's internal pedestrian and bicycle facilities connect with external existing or planned facilities or systems.C. On-site facilities shall be provided that accommodate "safe and convenient" pedestrian and bicycle access within new subdivisions, multifamily developments, planned development, shopping centers, and commercial districts, and connecting to adjacent residential areas and neighborhood activity centers. Residential developments shall include streets with sidewalks and accessways. Pedestrian circulation through parking lots shall be provided in the form of accessways.(Ord. 152 § 1 (part), 2004)Clear vision areas shall be provided with the following dimensions:A. A clear vision area shall be a triangular area on a lot at the intersection of two streets, two sides of which are lot lines measured a distance of thirty (30) feet from the corner intersection of the lot lines. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to the point of intersection.B. The clear vision area shall contain no plantings, walls, fences, structures or other temporary or permanent obstructions exceeding three feet in height measured from the grade of the street centerline, except that trees exceeding this height may be located in this area, provided all branches and foliage are removed to a height of eight feet above the grade.(Ord. 5-1983 § 10.09)An accessory use shall comply with all requirements for a principal use, except as this title specifically allows to the contrary, and shall comply with the following limitations:A. An accessory structure or use shall only be approved provided the principal use has been established.B. An accessory structure not used for human habitation and separated from the main building may be located in the required rear and side yard, except in the required street side yard of a corner lot, provided it is not closer than five feet to a property line.(Ord. 5-1983 § 10.10)The city council may issue a temporary use permit to allow the short-term use of a site by a mobile or temporary structure or activity. Such structures or activities may not be ordinarily allowed in the particular zone, but are necessary for some useful purpose, and, because of the temporary nature, will not adversely impact the neighborhood or city. The city council may require that certain measures be taken to protect neighboring uses or the city as a whole. Temporary use permits will be processed in the same manner as development permits and may be granted for any period of time up to one year, subject to renewal if necessary.(Ord. 5-1983 § 10.11)A. Where a right of access exists, access will be allowed to a property at less than the designated spacing standard only if that property does not have reasonable access and the designated spacing cannot be accomplished. If possible, other options should be considered such as joint access.B. Where the right of access exists, the number of approach roads (driveways) to a single property shall be limited to one, even when the property frontage exceeds the spacing standards. More than one approach road may be considered if, in the judgment of the Region Access Management Engineer, additional approach roads are necessary to accommodate and service the traffic to a property, and additional approach roads will not interfere with driver expectancy and the safety of the through traffic on the highway.C. Approach roads shall be located where they do not create undue interference or hazard to the free movement of normal highway or pedestrian traffic. Locations on sharp curves, steep grades, areas of restricted sight distance or at points which interfere with the placement and proper functioning of traffic control signs, signals, lighting or other devices that affect traffic operation will not be permitted.D. If a property becomes landlocked (no reasonable access exists) because an approach road cannot be safely constructed and operated, and all other alternatives have been explored and rejected, ODOT might be required to purchase the property. (Note: If a hardship is self-inflicted, such as by partitioning or subdividing a property, ODOT does not have responsibility for purchasing the property.E. Minimum spacing for public road approaches is either the existing city block spacing or the city block spacing as identified in the local comprehensive plan. Public road connections are preferred over private driveways, and in STAs driveways are discouraged. However, where driveways are allowed and where land use patterns permit, the minimum spacing for driveways is one hundred seventy-five (175) feet or mid-block if the current city block spacing is less than three hundred fifty (350) feet.F. Adjacent commercial or office properties classified as major traffic generators (i.e. shopping plazas, office parks), shall provide a cross access drive and pedestrian access to allow circulation between sites.G. A system of joint use driveways and cross access easements shall be established wherever feasible and shall incorporate the following:A continuous service drive or cross access corridor extending the entire length of each block served to provide for driveway separation consistent with the access management classification system and standards;A design speed of ten (10) mph and a maximum width of twenty (20) feet to accommodate two-way travel aisles designated to accommodate automobiles, service vehicles, and loading vehicles;Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross access via a service drive;A unified access and circulation system plan for coordinated or shared parking areas is encouraged.H. Shared parking areas shall be permitted as a reduction in required parking spaces if peak demands do not occur at the same time periods.I. Pursuant to this section, property owners shall:Record an easement with the deed allowing cross access to and from other properties served by the joint use driveways and cross access or service drive;Record an agreement with the deed that remaining access rights along the roadway will be dedicated to the city and pre-existing driveways will be closed and eliminated after construction of the joint-use driveway;Record a joint maintenance agreement with that deed defining maintenance responsibilities of property owners.J. The city may reduce required separation distance of access points where they prove impractical, provided all of the following requirements are met:Joint access driveways and cross access easements are provided in accordance with this section;The site plan incorporates a unified access and circulation system in accordance with this section;The property owner enters into a written agreement with the (city/county), recorded with the deed, the pre-existing connections on the site will be closed and eliminated after construction of each side of the joint use driveway.K. The city may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make a development of a unified or shared access and circulation system impractical.L. Driveways shall meet the following standards:If the driveway is a one-way in or one-way out drive, then the driveway shall be a minimum width of ten (10) feet and shall have appropriate signage designating the driveway as a one way connection;For two-way access, each lane shall have a minimum width of ten (10) feet.M. Driveway approaches must be designed and located to provide an exiting vehicle with an unobstructed view. Construction of driveways along acceleration or deceleration lanes and tapers shall be avoided due to the potential for vehicular weaving conflicts.N. The length of driveways shall be designed in accordance with the anticipated storage length for entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on-site circulation.O. In the interest of promoting unified access and circulation systems, development sites under the same ownership or consolidated for the purposes of development and comprised of more than one building site shall be reviewed as single properties in relation to the access standards of this chapter. The number of access points permitted shall be the minimum number necessary to provide reasonable access to these properties, not the maximum available for that frontage. All necessary easements, agreements, and stipulations shall be met. This shall also apply to phased development plans. The owner and all lessees within the affected area are responsible for compliance with the requirements of this chapter and both shall be cited for any violation.P. All access must be internalized using the shared circulation system of the principal development or retail center. Driveways shall be designed to avoid queuing across surrounding parking and driving aisles.Q. Legal access connections in place as of (date of adoption) that do not conform with the standards herein are considered nonconforming features and shall be brought into compliance with applicable standards under the following conditions:When new access connection permits are requested;Change in use or enlargements or improvements that will increase trip generation.R. Lots that front on more than one street shall be required to locate motor vehicle accesses on the street with the lower functional classification.S. When a residential subdivision is proposed that would abut an arterial, it shall be designed to provide through lots along the arterial with access from a frontage road or interior local road. Access rights of these lots to the arterial shall be dedicated to the city and recorded with the deed. A berm or buffer yard may be required at the rear of through lots to buffer residences from traffic on the arterial. The berm or buffer yard shall not be located with the public right-of-way.T. The street system of proposed subdivisions shall be designed to connect with existing, proposed, and planned streets outside of the subdivision as provided in this section.U. Wherever a proposed development abuts unplatted land or a future development phase of the same development, street stubs shall be provided to provide access to abutting properties or to logically extend the street system into the surrounding area. All street stubs shall be provided with a temporary turnaround unless specifically exempted by the public works director, and the restoration and extension of the street shall be the responsibility of any future developer of the abutting land.V. Minor collector and local residential access streets shall connect with surrounding streets to permit the convenient movement of traffic between residential neighborhoods or facilitate emergency access and evacuation. Connections shall be designed to avoid or minimize through traffic on local streets. Appropriate design and traffic control such as four-way stops and traffic calming measures are the preferred means of discouraging through traffic.W. The granting of the variation shall be in harmony with the purpose and intent of these regulations and shall not be considered until every feasible option for meeting access standards is explored.X. Applicants for a variance from these standards must provide proof of unique or special conditions that make strict application of the provisions impractical. Applicants shall include proof that:Indirect or restricted access cannot be obtained;No engineering or construction solutions can be applied to mitigate the condition; andNo alternative access is available from a street with a lower functional classification than the primary roadway.Y. No variance shall be granted where such hardship is self-created.(Ord. 152 § 1 (part), 2004)All transportation facilities will conform with the transportation system plan street development standards. Changes in the specific alignment of proposed public roads and highways shall be permitted without plan amendment if the new alignment falls within a transportation corridor identified in the transportation system plan. Transportation projects involving the operation, maintenance, repair and preservation of existing facilities that are consistent with the transportation system plan, the classification of that roadway and approved road standards shall be allowed, except where specifically regulated (i.e. within a floodplain). Dedication of right-of-way, authorization of construction and the construction of facilities and improvements shall be allowed, where the improvements are consistent with the transportation system plan, the classification of the roadway and approved road standards. For state projects that require an Environmental Impact Statement (EIS) or Environmental Assessment (EA), the draft EIS or EA shall serve as the documentation for local land use review, if local review is required. More specifically, uses will be permitted as follows:A. Uses permitted outright:Normal operation, maintenance, repair, and preservation activities associated with transportation facilities;Installation of culverts, pathways, fencing, guardrails, lighting, and similar types of improvements that take place within the existing right-of-way;Projects specifically identified in the transportation system plan as not requiring further land use regulation;Landscaping as part of a transportation facility;Emergency measures as necessary for the safety and protection of property;Acquisition of right-of-way for public roads, highways, and other transportation projects identified in the transportation system plan are permitted outright, except for those that are located in exclusive farm or forest zones.B. Conditional uses permitted:Construction, reconstruction, or widening of highways, roads, bridges, or other transportation projects that are: (a) not specifically identified in the transportation system plan or (b) not designed and constructed as part of a subdivision or planned development subject to site plan and/or conditional use review, shall comply with the transportation system plan and applicable standards, and shall address the following criteria. For state projects that require an EIS or EA, the draft EIS or EA shall be reviewed and used as the basis for findings to comply with the following criteria:a. The project is designed to be compatible with existing land use and social patterns, including noise generation, safety and zoning.b. The project is minimize avoidable environmental impacts, to identified wetlands, wildlife habit, air and water quality, and cultural resources.c. The project preserves or improves the safety and function of the facility through access management, traffic calming, or other design features.d. The project includes provision for bicycle and pedestrian circulation as consistent with the land use plan and other requirements of this title;Construction of rest areas, weigh stations, and temporary storage and processing sites;If review under this section indicates that the use or activity is inconsistent with the transportation system plan, the procedure for a plan amendment, including any necessary goal exceptions, shall be undertaken prior to or in conjunction with the conditional permit review.(Ord. 131 § 1 (part), 1999)
17.40.070 - Completion of buildings.
No lot or contiguous lots under the same ownership shall be reduced below the minimum area and lot dimensions required by this title.(Ord. 5-1983 § 10.01)No dwelling shall be erected on a lot which does not abut at least one street for a minimum distance of twenty (20) feet. No building in the rear of a principal building on the same lot may be used for residential purposes, except for employment of the occupants of the principal building and their immediate families.(Ord. 5-1983 § 10.02)No part of a yard or other open space required around any building for the purpose of complying with the provisions of this title shall be included as part of a yard or other open space required under this title for another building.(Ord. 5-1983 § 10.03)Where the owner of a lot or lots of official record at the time of the enactment of the ordinance codified in this title does not own sufficient space in said lot or lots to enable him to conform to the yard and other requirements of this title, such lot or lots may be used as a building site; provided, that the yard space and other requirements shall conform as closely as possible in the opinion of the city council to the requirements for the district in which the property is located.(Ord. 5-1983 § 10.04)The front yard requirements of this title shall not apply where the average depth of the existing front yard on developed lots, located within one hundred (100) feet on each side of the lot and within the same block and zone, and fronting on the same street as such lot, is less than the minimum required front yard depth. In such cases the depth of the front yard on such lots shall not be less than the average existing front yard depth on the developed lots.(Ord. 5-1983 § 10.05)A. When a property or an existing building at the time of the passage of the ordinance codified in this title has a use which was legal prior to the passage of said ordinance, such may continue, even though it is not in conformity with these zoning regulations. Except as below, if the use of the building or premises is changed, it shall be changed to a use conforming to the zoning regulations and after such change, it will not be permissible to change back again to the original nonconforming use.B. A nonconforming use shall not be extended; however, the extension of a nonconforming use to any portion of a building which was arranged or designed for such nonconforming use at the time of the passage of the ordinance codified in this title shall not be deemed the extension of a nonconforming use.C. If a nonconforming use is discontinued for a period of ninety (90) days, the same cannot be again continued. If a building is unoccupied on the effective day of the ordinance codified in this title, then the last use shall be considered to be the use of record and the ninety (90) day period of discontinuance shall commence on the effective date of said ordinance.D. When a building having a nonconforming use is damaged by fire or other natural causes, and is not reconstructed within two years, then such building shall not be rebuilt unless in its construction and uses, it conforms fully to the requirements of this title and other ordinances of the city. Any reconstruction must be kept within the old foundation.E. No building or structure shall be moved from one lot or premises to another unless such building or structure conforms to all the provisions of the applicable zone.(Ord. 5-1983 § 10.06)Nothing in this title shall require any change in the plans, construction, alteration or designated use of a building upon which construction was actually begun previous to the passage of the ordinance codified in this title. However, such entire building must be completed in accordance with the original plans within one year from the date of commencing construction.(Ord. 5-1983 § 10.07)The following off-street parking requirements shall be provided at the time a building or structure is constructed or substantially altered, or there is a change in use of an existing structure for all zones except the CBD:A. Residences or Other Dwelling Units.Two spaces per single-family, duplex or mobilehome residence.One and one-half spaces each, for more than two dwelling units.Off-street parking spaces for dwellings shall be located on the same lot with the dwelling.B. Other Uses.Assembly-Type Use. One space per one hundred (100) square feet of assembly area.Motel or Resort. One space per unit.Office or Retail. One space per three hundred (300) feet of area.Restaurant or Tavern. One space per two hundred (200) square feet of seating area.Warehouse. One space per two thousand (2,000) square feet of warehouse area.Other Uses. As determined by the council.C. Off-Street Parking Requirements in the CBD.For uses in the CBD that require less than twenty (20) spaces as specified in subsection A or B of this section, there shall not be any required off-street parking.For uses in the CBD that require more than twenty (20) spaces as specified in subsection A or B of this section, there shall be provided the number of off-street parking spaces as specified in those sections except for housing which shall provide one space per dwelling unit or 0.5 spaces per dwelling unit of dedicated senior housing.(Ord. 152 § 1 (part), 2004; Ord. 5-1983 § 10.08)The minimum standards for bicycle parking spaces are as follows:A. Parking Lots. All public and commercial parking lots and parking structures shall provide a minimum of one bicycle parking space for every ten (10) motor vehicle parking spaces.B. Schools, Public and Private. Site plans for all schools shall consider accommodations for bicycle parking.C. In the CBD. In downtown areas with on-street parking, bicycle parking for customers shall be provided along the street at a rate of at least one space per use. Spaces may be clustered to serve up to six bicycles; at least one cluster per block shall be provided. Bicycle parking spaces shall be located in front of the stores along the street, either on the sidewalks in specially constructed areas such as pedestrian curb extensions. Bicycle parking shall not interfere with pedestrian passage, leaving a clear area of at least five feet. Customer spaces are not required to be sheltered. Sheltered parking (within a building, or under an eave, overhang, or similar structure) shall be provided at a rate of one space per ten (10) employees, with a minimum of one space per store.D. Multifamily Residences. Every residential use of four or more dwelling units shall provide at least one sheltered bicycle parking space for each unit.E. Office and Industrial Parks. A minimum of two bicycle parking spaces per use shall be required.(Ord. 152 § 1 (part), 2004)A. Internal pedestrian circulation shall be provided in new commercial, office, and multifamily residential developments through the clustering of buildings, construction of hard surface walkways, landscaping, accessways or similar techniques.B. All site plans (industrial and commercial) shall clearly show how the site's internal pedestrian and bicycle facilities connect with external existing or planned facilities or systems.C. On-site facilities shall be provided that accommodate "safe and convenient" pedestrian and bicycle access within new subdivisions, multifamily developments, planned development, shopping centers, and commercial districts, and connecting to adjacent residential areas and neighborhood activity centers. Residential developments shall include streets with sidewalks and accessways. Pedestrian circulation through parking lots shall be provided in the form of accessways.(Ord. 152 § 1 (part), 2004)Clear vision areas shall be provided with the following dimensions:A. A clear vision area shall be a triangular area on a lot at the intersection of two streets, two sides of which are lot lines measured a distance of thirty (30) feet from the corner intersection of the lot lines. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to the point of intersection.B. The clear vision area shall contain no plantings, walls, fences, structures or other temporary or permanent obstructions exceeding three feet in height measured from the grade of the street centerline, except that trees exceeding this height may be located in this area, provided all branches and foliage are removed to a height of eight feet above the grade.(Ord. 5-1983 § 10.09)An accessory use shall comply with all requirements for a principal use, except as this title specifically allows to the contrary, and shall comply with the following limitations:A. An accessory structure or use shall only be approved provided the principal use has been established.B. An accessory structure not used for human habitation and separated from the main building may be located in the required rear and side yard, except in the required street side yard of a corner lot, provided it is not closer than five feet to a property line.(Ord. 5-1983 § 10.10)The city council may issue a temporary use permit to allow the short-term use of a site by a mobile or temporary structure or activity. Such structures or activities may not be ordinarily allowed in the particular zone, but are necessary for some useful purpose, and, because of the temporary nature, will not adversely impact the neighborhood or city. The city council may require that certain measures be taken to protect neighboring uses or the city as a whole. Temporary use permits will be processed in the same manner as development permits and may be granted for any period of time up to one year, subject to renewal if necessary.(Ord. 5-1983 § 10.11)A. Where a right of access exists, access will be allowed to a property at less than the designated spacing standard only if that property does not have reasonable access and the designated spacing cannot be accomplished. If possible, other options should be considered such as joint access.B. Where the right of access exists, the number of approach roads (driveways) to a single property shall be limited to one, even when the property frontage exceeds the spacing standards. More than one approach road may be considered if, in the judgment of the Region Access Management Engineer, additional approach roads are necessary to accommodate and service the traffic to a property, and additional approach roads will not interfere with driver expectancy and the safety of the through traffic on the highway.C. Approach roads shall be located where they do not create undue interference or hazard to the free movement of normal highway or pedestrian traffic. Locations on sharp curves, steep grades, areas of restricted sight distance or at points which interfere with the placement and proper functioning of traffic control signs, signals, lighting or other devices that affect traffic operation will not be permitted.D. If a property becomes landlocked (no reasonable access exists) because an approach road cannot be safely constructed and operated, and all other alternatives have been explored and rejected, ODOT might be required to purchase the property. (Note: If a hardship is self-inflicted, such as by partitioning or subdividing a property, ODOT does not have responsibility for purchasing the property.E. Minimum spacing for public road approaches is either the existing city block spacing or the city block spacing as identified in the local comprehensive plan. Public road connections are preferred over private driveways, and in STAs driveways are discouraged. However, where driveways are allowed and where land use patterns permit, the minimum spacing for driveways is one hundred seventy-five (175) feet or mid-block if the current city block spacing is less than three hundred fifty (350) feet.F. Adjacent commercial or office properties classified as major traffic generators (i.e. shopping plazas, office parks), shall provide a cross access drive and pedestrian access to allow circulation between sites.G. A system of joint use driveways and cross access easements shall be established wherever feasible and shall incorporate the following:A continuous service drive or cross access corridor extending the entire length of each block served to provide for driveway separation consistent with the access management classification system and standards;A design speed of ten (10) mph and a maximum width of twenty (20) feet to accommodate two-way travel aisles designated to accommodate automobiles, service vehicles, and loading vehicles;Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross access via a service drive;A unified access and circulation system plan for coordinated or shared parking areas is encouraged.H. Shared parking areas shall be permitted as a reduction in required parking spaces if peak demands do not occur at the same time periods.I. Pursuant to this section, property owners shall:Record an easement with the deed allowing cross access to and from other properties served by the joint use driveways and cross access or service drive;Record an agreement with the deed that remaining access rights along the roadway will be dedicated to the city and pre-existing driveways will be closed and eliminated after construction of the joint-use driveway;Record a joint maintenance agreement with that deed defining maintenance responsibilities of property owners.J. The city may reduce required separation distance of access points where they prove impractical, provided all of the following requirements are met:Joint access driveways and cross access easements are provided in accordance with this section;The site plan incorporates a unified access and circulation system in accordance with this section;The property owner enters into a written agreement with the (city/county), recorded with the deed, the pre-existing connections on the site will be closed and eliminated after construction of each side of the joint use driveway.K. The city may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make a development of a unified or shared access and circulation system impractical.L. Driveways shall meet the following standards:If the driveway is a one-way in or one-way out drive, then the driveway shall be a minimum width of ten (10) feet and shall have appropriate signage designating the driveway as a one way connection;For two-way access, each lane shall have a minimum width of ten (10) feet.M. Driveway approaches must be designed and located to provide an exiting vehicle with an unobstructed view. Construction of driveways along acceleration or deceleration lanes and tapers shall be avoided due to the potential for vehicular weaving conflicts.N. The length of driveways shall be designed in accordance with the anticipated storage length for entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on-site circulation.O. In the interest of promoting unified access and circulation systems, development sites under the same ownership or consolidated for the purposes of development and comprised of more than one building site shall be reviewed as single properties in relation to the access standards of this chapter. The number of access points permitted shall be the minimum number necessary to provide reasonable access to these properties, not the maximum available for that frontage. All necessary easements, agreements, and stipulations shall be met. This shall also apply to phased development plans. The owner and all lessees within the affected area are responsible for compliance with the requirements of this chapter and both shall be cited for any violation.P. All access must be internalized using the shared circulation system of the principal development or retail center. Driveways shall be designed to avoid queuing across surrounding parking and driving aisles.Q. Legal access connections in place as of (date of adoption) that do not conform with the standards herein are considered nonconforming features and shall be brought into compliance with applicable standards under the following conditions:When new access connection permits are requested;Change in use or enlargements or improvements that will increase trip generation.R. Lots that front on more than one street shall be required to locate motor vehicle accesses on the street with the lower functional classification.S. When a residential subdivision is proposed that would abut an arterial, it shall be designed to provide through lots along the arterial with access from a frontage road or interior local road. Access rights of these lots to the arterial shall be dedicated to the city and recorded with the deed. A berm or buffer yard may be required at the rear of through lots to buffer residences from traffic on the arterial. The berm or buffer yard shall not be located with the public right-of-way.T. The street system of proposed subdivisions shall be designed to connect with existing, proposed, and planned streets outside of the subdivision as provided in this section.U. Wherever a proposed development abuts unplatted land or a future development phase of the same development, street stubs shall be provided to provide access to abutting properties or to logically extend the street system into the surrounding area. All street stubs shall be provided with a temporary turnaround unless specifically exempted by the public works director, and the restoration and extension of the street shall be the responsibility of any future developer of the abutting land.V. Minor collector and local residential access streets shall connect with surrounding streets to permit the convenient movement of traffic between residential neighborhoods or facilitate emergency access and evacuation. Connections shall be designed to avoid or minimize through traffic on local streets. Appropriate design and traffic control such as four-way stops and traffic calming measures are the preferred means of discouraging through traffic.W. The granting of the variation shall be in harmony with the purpose and intent of these regulations and shall not be considered until every feasible option for meeting access standards is explored.X. Applicants for a variance from these standards must provide proof of unique or special conditions that make strict application of the provisions impractical. Applicants shall include proof that:Indirect or restricted access cannot be obtained;No engineering or construction solutions can be applied to mitigate the condition; andNo alternative access is available from a street with a lower functional classification than the primary roadway.Y. No variance shall be granted where such hardship is self-created.(Ord. 152 § 1 (part), 2004)All transportation facilities will conform with the transportation system plan street development standards. Changes in the specific alignment of proposed public roads and highways shall be permitted without plan amendment if the new alignment falls within a transportation corridor identified in the transportation system plan. Transportation projects involving the operation, maintenance, repair and preservation of existing facilities that are consistent with the transportation system plan, the classification of that roadway and approved road standards shall be allowed, except where specifically regulated (i.e. within a floodplain). Dedication of right-of-way, authorization of construction and the construction of facilities and improvements shall be allowed, where the improvements are consistent with the transportation system plan, the classification of the roadway and approved road standards. For state projects that require an Environmental Impact Statement (EIS) or Environmental Assessment (EA), the draft EIS or EA shall serve as the documentation for local land use review, if local review is required. More specifically, uses will be permitted as follows:A. Uses permitted outright:Normal operation, maintenance, repair, and preservation activities associated with transportation facilities;Installation of culverts, pathways, fencing, guardrails, lighting, and similar types of improvements that take place within the existing right-of-way;Projects specifically identified in the transportation system plan as not requiring further land use regulation;Landscaping as part of a transportation facility;Emergency measures as necessary for the safety and protection of property;Acquisition of right-of-way for public roads, highways, and other transportation projects identified in the transportation system plan are permitted outright, except for those that are located in exclusive farm or forest zones.B. Conditional uses permitted:Construction, reconstruction, or widening of highways, roads, bridges, or other transportation projects that are: (a) not specifically identified in the transportation system plan or (b) not designed and constructed as part of a subdivision or planned development subject to site plan and/or conditional use review, shall comply with the transportation system plan and applicable standards, and shall address the following criteria. For state projects that require an EIS or EA, the draft EIS or EA shall be reviewed and used as the basis for findings to comply with the following criteria:a. The project is designed to be compatible with existing land use and social patterns, including noise generation, safety and zoning.b. The project is minimize avoidable environmental impacts, to identified wetlands, wildlife habit, air and water quality, and cultural resources.c. The project preserves or improves the safety and function of the facility through access management, traffic calming, or other design features.d. The project includes provision for bicycle and pedestrian circulation as consistent with the land use plan and other requirements of this title;Construction of rest areas, weigh stations, and temporary storage and processing sites;If review under this section indicates that the use or activity is inconsistent with the transportation system plan, the procedure for a plan amendment, including any necessary goal exceptions, shall be undertaken prior to or in conjunction with the conditional permit review.(Ord. 131 § 1 (part), 1999)
17.40.080 - Off-street parking.
No lot or contiguous lots under the same ownership shall be reduced below the minimum area and lot dimensions required by this title.(Ord. 5-1983 § 10.01)No dwelling shall be erected on a lot which does not abut at least one street for a minimum distance of twenty (20) feet. No building in the rear of a principal building on the same lot may be used for residential purposes, except for employment of the occupants of the principal building and their immediate families.(Ord. 5-1983 § 10.02)No part of a yard or other open space required around any building for the purpose of complying with the provisions of this title shall be included as part of a yard or other open space required under this title for another building.(Ord. 5-1983 § 10.03)Where the owner of a lot or lots of official record at the time of the enactment of the ordinance codified in this title does not own sufficient space in said lot or lots to enable him to conform to the yard and other requirements of this title, such lot or lots may be used as a building site; provided, that the yard space and other requirements shall conform as closely as possible in the opinion of the city council to the requirements for the district in which the property is located.(Ord. 5-1983 § 10.04)The front yard requirements of this title shall not apply where the average depth of the existing front yard on developed lots, located within one hundred (100) feet on each side of the lot and within the same block and zone, and fronting on the same street as such lot, is less than the minimum required front yard depth. In such cases the depth of the front yard on such lots shall not be less than the average existing front yard depth on the developed lots.(Ord. 5-1983 § 10.05)A. When a property or an existing building at the time of the passage of the ordinance codified in this title has a use which was legal prior to the passage of said ordinance, such may continue, even though it is not in conformity with these zoning regulations. Except as below, if the use of the building or premises is changed, it shall be changed to a use conforming to the zoning regulations and after such change, it will not be permissible to change back again to the original nonconforming use.B. A nonconforming use shall not be extended; however, the extension of a nonconforming use to any portion of a building which was arranged or designed for such nonconforming use at the time of the passage of the ordinance codified in this title shall not be deemed the extension of a nonconforming use.C. If a nonconforming use is discontinued for a period of ninety (90) days, the same cannot be again continued. If a building is unoccupied on the effective day of the ordinance codified in this title, then the last use shall be considered to be the use of record and the ninety (90) day period of discontinuance shall commence on the effective date of said ordinance.D. When a building having a nonconforming use is damaged by fire or other natural causes, and is not reconstructed within two years, then such building shall not be rebuilt unless in its construction and uses, it conforms fully to the requirements of this title and other ordinances of the city. Any reconstruction must be kept within the old foundation.E. No building or structure shall be moved from one lot or premises to another unless such building or structure conforms to all the provisions of the applicable zone.(Ord. 5-1983 § 10.06)Nothing in this title shall require any change in the plans, construction, alteration or designated use of a building upon which construction was actually begun previous to the passage of the ordinance codified in this title. However, such entire building must be completed in accordance with the original plans within one year from the date of commencing construction.(Ord. 5-1983 § 10.07)The following off-street parking requirements shall be provided at the time a building or structure is constructed or substantially altered, or there is a change in use of an existing structure for all zones except the CBD:A. Residences or Other Dwelling Units.Two spaces per single-family, duplex or mobilehome residence.One and one-half spaces each, for more than two dwelling units.Off-street parking spaces for dwellings shall be located on the same lot with the dwelling.B. Other Uses.Assembly-Type Use. One space per one hundred (100) square feet of assembly area.Motel or Resort. One space per unit.Office or Retail. One space per three hundred (300) feet of area.Restaurant or Tavern. One space per two hundred (200) square feet of seating area.Warehouse. One space per two thousand (2,000) square feet of warehouse area.Other Uses. As determined by the council.C. Off-Street Parking Requirements in the CBD.For uses in the CBD that require less than twenty (20) spaces as specified in subsection A or B of this section, there shall not be any required off-street parking.For uses in the CBD that require more than twenty (20) spaces as specified in subsection A or B of this section, there shall be provided the number of off-street parking spaces as specified in those sections except for housing which shall provide one space per dwelling unit or 0.5 spaces per dwelling unit of dedicated senior housing.(Ord. 152 § 1 (part), 2004; Ord. 5-1983 § 10.08)The minimum standards for bicycle parking spaces are as follows:A. Parking Lots. All public and commercial parking lots and parking structures shall provide a minimum of one bicycle parking space for every ten (10) motor vehicle parking spaces.B. Schools, Public and Private. Site plans for all schools shall consider accommodations for bicycle parking.C. In the CBD. In downtown areas with on-street parking, bicycle parking for customers shall be provided along the street at a rate of at least one space per use. Spaces may be clustered to serve up to six bicycles; at least one cluster per block shall be provided. Bicycle parking spaces shall be located in front of the stores along the street, either on the sidewalks in specially constructed areas such as pedestrian curb extensions. Bicycle parking shall not interfere with pedestrian passage, leaving a clear area of at least five feet. Customer spaces are not required to be sheltered. Sheltered parking (within a building, or under an eave, overhang, or similar structure) shall be provided at a rate of one space per ten (10) employees, with a minimum of one space per store.D. Multifamily Residences. Every residential use of four or more dwelling units shall provide at least one sheltered bicycle parking space for each unit.E. Office and Industrial Parks. A minimum of two bicycle parking spaces per use shall be required.(Ord. 152 § 1 (part), 2004)A. Internal pedestrian circulation shall be provided in new commercial, office, and multifamily residential developments through the clustering of buildings, construction of hard surface walkways, landscaping, accessways or similar techniques.B. All site plans (industrial and commercial) shall clearly show how the site's internal pedestrian and bicycle facilities connect with external existing or planned facilities or systems.C. On-site facilities shall be provided that accommodate "safe and convenient" pedestrian and bicycle access within new subdivisions, multifamily developments, planned development, shopping centers, and commercial districts, and connecting to adjacent residential areas and neighborhood activity centers. Residential developments shall include streets with sidewalks and accessways. Pedestrian circulation through parking lots shall be provided in the form of accessways.(Ord. 152 § 1 (part), 2004)Clear vision areas shall be provided with the following dimensions:A. A clear vision area shall be a triangular area on a lot at the intersection of two streets, two sides of which are lot lines measured a distance of thirty (30) feet from the corner intersection of the lot lines. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to the point of intersection.B. The clear vision area shall contain no plantings, walls, fences, structures or other temporary or permanent obstructions exceeding three feet in height measured from the grade of the street centerline, except that trees exceeding this height may be located in this area, provided all branches and foliage are removed to a height of eight feet above the grade.(Ord. 5-1983 § 10.09)An accessory use shall comply with all requirements for a principal use, except as this title specifically allows to the contrary, and shall comply with the following limitations:A. An accessory structure or use shall only be approved provided the principal use has been established.B. An accessory structure not used for human habitation and separated from the main building may be located in the required rear and side yard, except in the required street side yard of a corner lot, provided it is not closer than five feet to a property line.(Ord. 5-1983 § 10.10)The city council may issue a temporary use permit to allow the short-term use of a site by a mobile or temporary structure or activity. Such structures or activities may not be ordinarily allowed in the particular zone, but are necessary for some useful purpose, and, because of the temporary nature, will not adversely impact the neighborhood or city. The city council may require that certain measures be taken to protect neighboring uses or the city as a whole. Temporary use permits will be processed in the same manner as development permits and may be granted for any period of time up to one year, subject to renewal if necessary.(Ord. 5-1983 § 10.11)A. Where a right of access exists, access will be allowed to a property at less than the designated spacing standard only if that property does not have reasonable access and the designated spacing cannot be accomplished. If possible, other options should be considered such as joint access.B. Where the right of access exists, the number of approach roads (driveways) to a single property shall be limited to one, even when the property frontage exceeds the spacing standards. More than one approach road may be considered if, in the judgment of the Region Access Management Engineer, additional approach roads are necessary to accommodate and service the traffic to a property, and additional approach roads will not interfere with driver expectancy and the safety of the through traffic on the highway.C. Approach roads shall be located where they do not create undue interference or hazard to the free movement of normal highway or pedestrian traffic. Locations on sharp curves, steep grades, areas of restricted sight distance or at points which interfere with the placement and proper functioning of traffic control signs, signals, lighting or other devices that affect traffic operation will not be permitted.D. If a property becomes landlocked (no reasonable access exists) because an approach road cannot be safely constructed and operated, and all other alternatives have been explored and rejected, ODOT might be required to purchase the property. (Note: If a hardship is self-inflicted, such as by partitioning or subdividing a property, ODOT does not have responsibility for purchasing the property.E. Minimum spacing for public road approaches is either the existing city block spacing or the city block spacing as identified in the local comprehensive plan. Public road connections are preferred over private driveways, and in STAs driveways are discouraged. However, where driveways are allowed and where land use patterns permit, the minimum spacing for driveways is one hundred seventy-five (175) feet or mid-block if the current city block spacing is less than three hundred fifty (350) feet.F. Adjacent commercial or office properties classified as major traffic generators (i.e. shopping plazas, office parks), shall provide a cross access drive and pedestrian access to allow circulation between sites.G. A system of joint use driveways and cross access easements shall be established wherever feasible and shall incorporate the following:A continuous service drive or cross access corridor extending the entire length of each block served to provide for driveway separation consistent with the access management classification system and standards;A design speed of ten (10) mph and a maximum width of twenty (20) feet to accommodate two-way travel aisles designated to accommodate automobiles, service vehicles, and loading vehicles;Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross access via a service drive;A unified access and circulation system plan for coordinated or shared parking areas is encouraged.H. Shared parking areas shall be permitted as a reduction in required parking spaces if peak demands do not occur at the same time periods.I. Pursuant to this section, property owners shall:Record an easement with the deed allowing cross access to and from other properties served by the joint use driveways and cross access or service drive;Record an agreement with the deed that remaining access rights along the roadway will be dedicated to the city and pre-existing driveways will be closed and eliminated after construction of the joint-use driveway;Record a joint maintenance agreement with that deed defining maintenance responsibilities of property owners.J. The city may reduce required separation distance of access points where they prove impractical, provided all of the following requirements are met:Joint access driveways and cross access easements are provided in accordance with this section;The site plan incorporates a unified access and circulation system in accordance with this section;The property owner enters into a written agreement with the (city/county), recorded with the deed, the pre-existing connections on the site will be closed and eliminated after construction of each side of the joint use driveway.K. The city may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make a development of a unified or shared access and circulation system impractical.L. Driveways shall meet the following standards:If the driveway is a one-way in or one-way out drive, then the driveway shall be a minimum width of ten (10) feet and shall have appropriate signage designating the driveway as a one way connection;For two-way access, each lane shall have a minimum width of ten (10) feet.M. Driveway approaches must be designed and located to provide an exiting vehicle with an unobstructed view. Construction of driveways along acceleration or deceleration lanes and tapers shall be avoided due to the potential for vehicular weaving conflicts.N. The length of driveways shall be designed in accordance with the anticipated storage length for entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on-site circulation.O. In the interest of promoting unified access and circulation systems, development sites under the same ownership or consolidated for the purposes of development and comprised of more than one building site shall be reviewed as single properties in relation to the access standards of this chapter. The number of access points permitted shall be the minimum number necessary to provide reasonable access to these properties, not the maximum available for that frontage. All necessary easements, agreements, and stipulations shall be met. This shall also apply to phased development plans. The owner and all lessees within the affected area are responsible for compliance with the requirements of this chapter and both shall be cited for any violation.P. All access must be internalized using the shared circulation system of the principal development or retail center. Driveways shall be designed to avoid queuing across surrounding parking and driving aisles.Q. Legal access connections in place as of (date of adoption) that do not conform with the standards herein are considered nonconforming features and shall be brought into compliance with applicable standards under the following conditions:When new access connection permits are requested;Change in use or enlargements or improvements that will increase trip generation.R. Lots that front on more than one street shall be required to locate motor vehicle accesses on the street with the lower functional classification.S. When a residential subdivision is proposed that would abut an arterial, it shall be designed to provide through lots along the arterial with access from a frontage road or interior local road. Access rights of these lots to the arterial shall be dedicated to the city and recorded with the deed. A berm or buffer yard may be required at the rear of through lots to buffer residences from traffic on the arterial. The berm or buffer yard shall not be located with the public right-of-way.T. The street system of proposed subdivisions shall be designed to connect with existing, proposed, and planned streets outside of the subdivision as provided in this section.U. Wherever a proposed development abuts unplatted land or a future development phase of the same development, street stubs shall be provided to provide access to abutting properties or to logically extend the street system into the surrounding area. All street stubs shall be provided with a temporary turnaround unless specifically exempted by the public works director, and the restoration and extension of the street shall be the responsibility of any future developer of the abutting land.V. Minor collector and local residential access streets shall connect with surrounding streets to permit the convenient movement of traffic between residential neighborhoods or facilitate emergency access and evacuation. Connections shall be designed to avoid or minimize through traffic on local streets. Appropriate design and traffic control such as four-way stops and traffic calming measures are the preferred means of discouraging through traffic.W. The granting of the variation shall be in harmony with the purpose and intent of these regulations and shall not be considered until every feasible option for meeting access standards is explored.X. Applicants for a variance from these standards must provide proof of unique or special conditions that make strict application of the provisions impractical. Applicants shall include proof that:Indirect or restricted access cannot be obtained;No engineering or construction solutions can be applied to mitigate the condition; andNo alternative access is available from a street with a lower functional classification than the primary roadway.Y. No variance shall be granted where such hardship is self-created.(Ord. 152 § 1 (part), 2004)All transportation facilities will conform with the transportation system plan street development standards. Changes in the specific alignment of proposed public roads and highways shall be permitted without plan amendment if the new alignment falls within a transportation corridor identified in the transportation system plan. Transportation projects involving the operation, maintenance, repair and preservation of existing facilities that are consistent with the transportation system plan, the classification of that roadway and approved road standards shall be allowed, except where specifically regulated (i.e. within a floodplain). Dedication of right-of-way, authorization of construction and the construction of facilities and improvements shall be allowed, where the improvements are consistent with the transportation system plan, the classification of the roadway and approved road standards. For state projects that require an Environmental Impact Statement (EIS) or Environmental Assessment (EA), the draft EIS or EA shall serve as the documentation for local land use review, if local review is required. More specifically, uses will be permitted as follows:A. Uses permitted outright:Normal operation, maintenance, repair, and preservation activities associated with transportation facilities;Installation of culverts, pathways, fencing, guardrails, lighting, and similar types of improvements that take place within the existing right-of-way;Projects specifically identified in the transportation system plan as not requiring further land use regulation;Landscaping as part of a transportation facility;Emergency measures as necessary for the safety and protection of property;Acquisition of right-of-way for public roads, highways, and other transportation projects identified in the transportation system plan are permitted outright, except for those that are located in exclusive farm or forest zones.B. Conditional uses permitted:Construction, reconstruction, or widening of highways, roads, bridges, or other transportation projects that are: (a) not specifically identified in the transportation system plan or (b) not designed and constructed as part of a subdivision or planned development subject to site plan and/or conditional use review, shall comply with the transportation system plan and applicable standards, and shall address the following criteria. For state projects that require an EIS or EA, the draft EIS or EA shall be reviewed and used as the basis for findings to comply with the following criteria:a. The project is designed to be compatible with existing land use and social patterns, including noise generation, safety and zoning.b. The project is minimize avoidable environmental impacts, to identified wetlands, wildlife habit, air and water quality, and cultural resources.c. The project preserves or improves the safety and function of the facility through access management, traffic calming, or other design features.d. The project includes provision for bicycle and pedestrian circulation as consistent with the land use plan and other requirements of this title;Construction of rest areas, weigh stations, and temporary storage and processing sites;If review under this section indicates that the use or activity is inconsistent with the transportation system plan, the procedure for a plan amendment, including any necessary goal exceptions, shall be undertaken prior to or in conjunction with the conditional permit review.(Ord. 131 § 1 (part), 1999)
17.40.084 - Bicycle parking.
No lot or contiguous lots under the same ownership shall be reduced below the minimum area and lot dimensions required by this title.(Ord. 5-1983 § 10.01)No dwelling shall be erected on a lot which does not abut at least one street for a minimum distance of twenty (20) feet. No building in the rear of a principal building on the same lot may be used for residential purposes, except for employment of the occupants of the principal building and their immediate families.(Ord. 5-1983 § 10.02)No part of a yard or other open space required around any building for the purpose of complying with the provisions of this title shall be included as part of a yard or other open space required under this title for another building.(Ord. 5-1983 § 10.03)Where the owner of a lot or lots of official record at the time of the enactment of the ordinance codified in this title does not own sufficient space in said lot or lots to enable him to conform to the yard and other requirements of this title, such lot or lots may be used as a building site; provided, that the yard space and other requirements shall conform as closely as possible in the opinion of the city council to the requirements for the district in which the property is located.(Ord. 5-1983 § 10.04)The front yard requirements of this title shall not apply where the average depth of the existing front yard on developed lots, located within one hundred (100) feet on each side of the lot and within the same block and zone, and fronting on the same street as such lot, is less than the minimum required front yard depth. In such cases the depth of the front yard on such lots shall not be less than the average existing front yard depth on the developed lots.(Ord. 5-1983 § 10.05)A. When a property or an existing building at the time of the passage of the ordinance codified in this title has a use which was legal prior to the passage of said ordinance, such may continue, even though it is not in conformity with these zoning regulations. Except as below, if the use of the building or premises is changed, it shall be changed to a use conforming to the zoning regulations and after such change, it will not be permissible to change back again to the original nonconforming use.B. A nonconforming use shall not be extended; however, the extension of a nonconforming use to any portion of a building which was arranged or designed for such nonconforming use at the time of the passage of the ordinance codified in this title shall not be deemed the extension of a nonconforming use.C. If a nonconforming use is discontinued for a period of ninety (90) days, the same cannot be again continued. If a building is unoccupied on the effective day of the ordinance codified in this title, then the last use shall be considered to be the use of record and the ninety (90) day period of discontinuance shall commence on the effective date of said ordinance.D. When a building having a nonconforming use is damaged by fire or other natural causes, and is not reconstructed within two years, then such building shall not be rebuilt unless in its construction and uses, it conforms fully to the requirements of this title and other ordinances of the city. Any reconstruction must be kept within the old foundation.E. No building or structure shall be moved from one lot or premises to another unless such building or structure conforms to all the provisions of the applicable zone.(Ord. 5-1983 § 10.06)Nothing in this title shall require any change in the plans, construction, alteration or designated use of a building upon which construction was actually begun previous to the passage of the ordinance codified in this title. However, such entire building must be completed in accordance with the original plans within one year from the date of commencing construction.(Ord. 5-1983 § 10.07)The following off-street parking requirements shall be provided at the time a building or structure is constructed or substantially altered, or there is a change in use of an existing structure for all zones except the CBD:A. Residences or Other Dwelling Units.Two spaces per single-family, duplex or mobilehome residence.One and one-half spaces each, for more than two dwelling units.Off-street parking spaces for dwellings shall be located on the same lot with the dwelling.B. Other Uses.Assembly-Type Use. One space per one hundred (100) square feet of assembly area.Motel or Resort. One space per unit.Office or Retail. One space per three hundred (300) feet of area.Restaurant or Tavern. One space per two hundred (200) square feet of seating area.Warehouse. One space per two thousand (2,000) square feet of warehouse area.Other Uses. As determined by the council.C. Off-Street Parking Requirements in the CBD.For uses in the CBD that require less than twenty (20) spaces as specified in subsection A or B of this section, there shall not be any required off-street parking.For uses in the CBD that require more than twenty (20) spaces as specified in subsection A or B of this section, there shall be provided the number of off-street parking spaces as specified in those sections except for housing which shall provide one space per dwelling unit or 0.5 spaces per dwelling unit of dedicated senior housing.(Ord. 152 § 1 (part), 2004; Ord. 5-1983 § 10.08)The minimum standards for bicycle parking spaces are as follows:A. Parking Lots. All public and commercial parking lots and parking structures shall provide a minimum of one bicycle parking space for every ten (10) motor vehicle parking spaces.B. Schools, Public and Private. Site plans for all schools shall consider accommodations for bicycle parking.C. In the CBD. In downtown areas with on-street parking, bicycle parking for customers shall be provided along the street at a rate of at least one space per use. Spaces may be clustered to serve up to six bicycles; at least one cluster per block shall be provided. Bicycle parking spaces shall be located in front of the stores along the street, either on the sidewalks in specially constructed areas such as pedestrian curb extensions. Bicycle parking shall not interfere with pedestrian passage, leaving a clear area of at least five feet. Customer spaces are not required to be sheltered. Sheltered parking (within a building, or under an eave, overhang, or similar structure) shall be provided at a rate of one space per ten (10) employees, with a minimum of one space per store.D. Multifamily Residences. Every residential use of four or more dwelling units shall provide at least one sheltered bicycle parking space for each unit.E. Office and Industrial Parks. A minimum of two bicycle parking spaces per use shall be required.(Ord. 152 § 1 (part), 2004)A. Internal pedestrian circulation shall be provided in new commercial, office, and multifamily residential developments through the clustering of buildings, construction of hard surface walkways, landscaping, accessways or similar techniques.B. All site plans (industrial and commercial) shall clearly show how the site's internal pedestrian and bicycle facilities connect with external existing or planned facilities or systems.C. On-site facilities shall be provided that accommodate "safe and convenient" pedestrian and bicycle access within new subdivisions, multifamily developments, planned development, shopping centers, and commercial districts, and connecting to adjacent residential areas and neighborhood activity centers. Residential developments shall include streets with sidewalks and accessways. Pedestrian circulation through parking lots shall be provided in the form of accessways.(Ord. 152 § 1 (part), 2004)Clear vision areas shall be provided with the following dimensions:A. A clear vision area shall be a triangular area on a lot at the intersection of two streets, two sides of which are lot lines measured a distance of thirty (30) feet from the corner intersection of the lot lines. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to the point of intersection.B. The clear vision area shall contain no plantings, walls, fences, structures or other temporary or permanent obstructions exceeding three feet in height measured from the grade of the street centerline, except that trees exceeding this height may be located in this area, provided all branches and foliage are removed to a height of eight feet above the grade.(Ord. 5-1983 § 10.09)An accessory use shall comply with all requirements for a principal use, except as this title specifically allows to the contrary, and shall comply with the following limitations:A. An accessory structure or use shall only be approved provided the principal use has been established.B. An accessory structure not used for human habitation and separated from the main building may be located in the required rear and side yard, except in the required street side yard of a corner lot, provided it is not closer than five feet to a property line.(Ord. 5-1983 § 10.10)The city council may issue a temporary use permit to allow the short-term use of a site by a mobile or temporary structure or activity. Such structures or activities may not be ordinarily allowed in the particular zone, but are necessary for some useful purpose, and, because of the temporary nature, will not adversely impact the neighborhood or city. The city council may require that certain measures be taken to protect neighboring uses or the city as a whole. Temporary use permits will be processed in the same manner as development permits and may be granted for any period of time up to one year, subject to renewal if necessary.(Ord. 5-1983 § 10.11)A. Where a right of access exists, access will be allowed to a property at less than the designated spacing standard only if that property does not have reasonable access and the designated spacing cannot be accomplished. If possible, other options should be considered such as joint access.B. Where the right of access exists, the number of approach roads (driveways) to a single property shall be limited to one, even when the property frontage exceeds the spacing standards. More than one approach road may be considered if, in the judgment of the Region Access Management Engineer, additional approach roads are necessary to accommodate and service the traffic to a property, and additional approach roads will not interfere with driver expectancy and the safety of the through traffic on the highway.C. Approach roads shall be located where they do not create undue interference or hazard to the free movement of normal highway or pedestrian traffic. Locations on sharp curves, steep grades, areas of restricted sight distance or at points which interfere with the placement and proper functioning of traffic control signs, signals, lighting or other devices that affect traffic operation will not be permitted.D. If a property becomes landlocked (no reasonable access exists) because an approach road cannot be safely constructed and operated, and all other alternatives have been explored and rejected, ODOT might be required to purchase the property. (Note: If a hardship is self-inflicted, such as by partitioning or subdividing a property, ODOT does not have responsibility for purchasing the property.E. Minimum spacing for public road approaches is either the existing city block spacing or the city block spacing as identified in the local comprehensive plan. Public road connections are preferred over private driveways, and in STAs driveways are discouraged. However, where driveways are allowed and where land use patterns permit, the minimum spacing for driveways is one hundred seventy-five (175) feet or mid-block if the current city block spacing is less than three hundred fifty (350) feet.F. Adjacent commercial or office properties classified as major traffic generators (i.e. shopping plazas, office parks), shall provide a cross access drive and pedestrian access to allow circulation between sites.G. A system of joint use driveways and cross access easements shall be established wherever feasible and shall incorporate the following:A continuous service drive or cross access corridor extending the entire length of each block served to provide for driveway separation consistent with the access management classification system and standards;A design speed of ten (10) mph and a maximum width of twenty (20) feet to accommodate two-way travel aisles designated to accommodate automobiles, service vehicles, and loading vehicles;Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross access via a service drive;A unified access and circulation system plan for coordinated or shared parking areas is encouraged.H. Shared parking areas shall be permitted as a reduction in required parking spaces if peak demands do not occur at the same time periods.I. Pursuant to this section, property owners shall:Record an easement with the deed allowing cross access to and from other properties served by the joint use driveways and cross access or service drive;Record an agreement with the deed that remaining access rights along the roadway will be dedicated to the city and pre-existing driveways will be closed and eliminated after construction of the joint-use driveway;Record a joint maintenance agreement with that deed defining maintenance responsibilities of property owners.J. The city may reduce required separation distance of access points where they prove impractical, provided all of the following requirements are met:Joint access driveways and cross access easements are provided in accordance with this section;The site plan incorporates a unified access and circulation system in accordance with this section;The property owner enters into a written agreement with the (city/county), recorded with the deed, the pre-existing connections on the site will be closed and eliminated after construction of each side of the joint use driveway.K. The city may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make a development of a unified or shared access and circulation system impractical.L. Driveways shall meet the following standards:If the driveway is a one-way in or one-way out drive, then the driveway shall be a minimum width of ten (10) feet and shall have appropriate signage designating the driveway as a one way connection;For two-way access, each lane shall have a minimum width of ten (10) feet.M. Driveway approaches must be designed and located to provide an exiting vehicle with an unobstructed view. Construction of driveways along acceleration or deceleration lanes and tapers shall be avoided due to the potential for vehicular weaving conflicts.N. The length of driveways shall be designed in accordance with the anticipated storage length for entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on-site circulation.O. In the interest of promoting unified access and circulation systems, development sites under the same ownership or consolidated for the purposes of development and comprised of more than one building site shall be reviewed as single properties in relation to the access standards of this chapter. The number of access points permitted shall be the minimum number necessary to provide reasonable access to these properties, not the maximum available for that frontage. All necessary easements, agreements, and stipulations shall be met. This shall also apply to phased development plans. The owner and all lessees within the affected area are responsible for compliance with the requirements of this chapter and both shall be cited for any violation.P. All access must be internalized using the shared circulation system of the principal development or retail center. Driveways shall be designed to avoid queuing across surrounding parking and driving aisles.Q. Legal access connections in place as of (date of adoption) that do not conform with the standards herein are considered nonconforming features and shall be brought into compliance with applicable standards under the following conditions:When new access connection permits are requested;Change in use or enlargements or improvements that will increase trip generation.R. Lots that front on more than one street shall be required to locate motor vehicle accesses on the street with the lower functional classification.S. When a residential subdivision is proposed that would abut an arterial, it shall be designed to provide through lots along the arterial with access from a frontage road or interior local road. Access rights of these lots to the arterial shall be dedicated to the city and recorded with the deed. A berm or buffer yard may be required at the rear of through lots to buffer residences from traffic on the arterial. The berm or buffer yard shall not be located with the public right-of-way.T. The street system of proposed subdivisions shall be designed to connect with existing, proposed, and planned streets outside of the subdivision as provided in this section.U. Wherever a proposed development abuts unplatted land or a future development phase of the same development, street stubs shall be provided to provide access to abutting properties or to logically extend the street system into the surrounding area. All street stubs shall be provided with a temporary turnaround unless specifically exempted by the public works director, and the restoration and extension of the street shall be the responsibility of any future developer of the abutting land.V. Minor collector and local residential access streets shall connect with surrounding streets to permit the convenient movement of traffic between residential neighborhoods or facilitate emergency access and evacuation. Connections shall be designed to avoid or minimize through traffic on local streets. Appropriate design and traffic control such as four-way stops and traffic calming measures are the preferred means of discouraging through traffic.W. The granting of the variation shall be in harmony with the purpose and intent of these regulations and shall not be considered until every feasible option for meeting access standards is explored.X. Applicants for a variance from these standards must provide proof of unique or special conditions that make strict application of the provisions impractical. Applicants shall include proof that:Indirect or restricted access cannot be obtained;No engineering or construction solutions can be applied to mitigate the condition; andNo alternative access is available from a street with a lower functional classification than the primary roadway.Y. No variance shall be granted where such hardship is self-created.(Ord. 152 § 1 (part), 2004)All transportation facilities will conform with the transportation system plan street development standards. Changes in the specific alignment of proposed public roads and highways shall be permitted without plan amendment if the new alignment falls within a transportation corridor identified in the transportation system plan. Transportation projects involving the operation, maintenance, repair and preservation of existing facilities that are consistent with the transportation system plan, the classification of that roadway and approved road standards shall be allowed, except where specifically regulated (i.e. within a floodplain). Dedication of right-of-way, authorization of construction and the construction of facilities and improvements shall be allowed, where the improvements are consistent with the transportation system plan, the classification of the roadway and approved road standards. For state projects that require an Environmental Impact Statement (EIS) or Environmental Assessment (EA), the draft EIS or EA shall serve as the documentation for local land use review, if local review is required. More specifically, uses will be permitted as follows:A. Uses permitted outright:Normal operation, maintenance, repair, and preservation activities associated with transportation facilities;Installation of culverts, pathways, fencing, guardrails, lighting, and similar types of improvements that take place within the existing right-of-way;Projects specifically identified in the transportation system plan as not requiring further land use regulation;Landscaping as part of a transportation facility;Emergency measures as necessary for the safety and protection of property;Acquisition of right-of-way for public roads, highways, and other transportation projects identified in the transportation system plan are permitted outright, except for those that are located in exclusive farm or forest zones.B. Conditional uses permitted:Construction, reconstruction, or widening of highways, roads, bridges, or other transportation projects that are: (a) not specifically identified in the transportation system plan or (b) not designed and constructed as part of a subdivision or planned development subject to site plan and/or conditional use review, shall comply with the transportation system plan and applicable standards, and shall address the following criteria. For state projects that require an EIS or EA, the draft EIS or EA shall be reviewed and used as the basis for findings to comply with the following criteria:a. The project is designed to be compatible with existing land use and social patterns, including noise generation, safety and zoning.b. The project is minimize avoidable environmental impacts, to identified wetlands, wildlife habit, air and water quality, and cultural resources.c. The project preserves or improves the safety and function of the facility through access management, traffic calming, or other design features.d. The project includes provision for bicycle and pedestrian circulation as consistent with the land use plan and other requirements of this title;Construction of rest areas, weigh stations, and temporary storage and processing sites;If review under this section indicates that the use or activity is inconsistent with the transportation system plan, the procedure for a plan amendment, including any necessary goal exceptions, shall be undertaken prior to or in conjunction with the conditional permit review.(Ord. 131 § 1 (part), 1999)
17.40.086 - Pedestrian access and circulation.
No lot or contiguous lots under the same ownership shall be reduced below the minimum area and lot dimensions required by this title.(Ord. 5-1983 § 10.01)No dwelling shall be erected on a lot which does not abut at least one street for a minimum distance of twenty (20) feet. No building in the rear of a principal building on the same lot may be used for residential purposes, except for employment of the occupants of the principal building and their immediate families.(Ord. 5-1983 § 10.02)No part of a yard or other open space required around any building for the purpose of complying with the provisions of this title shall be included as part of a yard or other open space required under this title for another building.(Ord. 5-1983 § 10.03)Where the owner of a lot or lots of official record at the time of the enactment of the ordinance codified in this title does not own sufficient space in said lot or lots to enable him to conform to the yard and other requirements of this title, such lot or lots may be used as a building site; provided, that the yard space and other requirements shall conform as closely as possible in the opinion of the city council to the requirements for the district in which the property is located.(Ord. 5-1983 § 10.04)The front yard requirements of this title shall not apply where the average depth of the existing front yard on developed lots, located within one hundred (100) feet on each side of the lot and within the same block and zone, and fronting on the same street as such lot, is less than the minimum required front yard depth. In such cases the depth of the front yard on such lots shall not be less than the average existing front yard depth on the developed lots.(Ord. 5-1983 § 10.05)A. When a property or an existing building at the time of the passage of the ordinance codified in this title has a use which was legal prior to the passage of said ordinance, such may continue, even though it is not in conformity with these zoning regulations. Except as below, if the use of the building or premises is changed, it shall be changed to a use conforming to the zoning regulations and after such change, it will not be permissible to change back again to the original nonconforming use.B. A nonconforming use shall not be extended; however, the extension of a nonconforming use to any portion of a building which was arranged or designed for such nonconforming use at the time of the passage of the ordinance codified in this title shall not be deemed the extension of a nonconforming use.C. If a nonconforming use is discontinued for a period of ninety (90) days, the same cannot be again continued. If a building is unoccupied on the effective day of the ordinance codified in this title, then the last use shall be considered to be the use of record and the ninety (90) day period of discontinuance shall commence on the effective date of said ordinance.D. When a building having a nonconforming use is damaged by fire or other natural causes, and is not reconstructed within two years, then such building shall not be rebuilt unless in its construction and uses, it conforms fully to the requirements of this title and other ordinances of the city. Any reconstruction must be kept within the old foundation.E. No building or structure shall be moved from one lot or premises to another unless such building or structure conforms to all the provisions of the applicable zone.(Ord. 5-1983 § 10.06)Nothing in this title shall require any change in the plans, construction, alteration or designated use of a building upon which construction was actually begun previous to the passage of the ordinance codified in this title. However, such entire building must be completed in accordance with the original plans within one year from the date of commencing construction.(Ord. 5-1983 § 10.07)The following off-street parking requirements shall be provided at the time a building or structure is constructed or substantially altered, or there is a change in use of an existing structure for all zones except the CBD:A. Residences or Other Dwelling Units.Two spaces per single-family, duplex or mobilehome residence.One and one-half spaces each, for more than two dwelling units.Off-street parking spaces for dwellings shall be located on the same lot with the dwelling.B. Other Uses.Assembly-Type Use. One space per one hundred (100) square feet of assembly area.Motel or Resort. One space per unit.Office or Retail. One space per three hundred (300) feet of area.Restaurant or Tavern. One space per two hundred (200) square feet of seating area.Warehouse. One space per two thousand (2,000) square feet of warehouse area.Other Uses. As determined by the council.C. Off-Street Parking Requirements in the CBD.For uses in the CBD that require less than twenty (20) spaces as specified in subsection A or B of this section, there shall not be any required off-street parking.For uses in the CBD that require more than twenty (20) spaces as specified in subsection A or B of this section, there shall be provided the number of off-street parking spaces as specified in those sections except for housing which shall provide one space per dwelling unit or 0.5 spaces per dwelling unit of dedicated senior housing.(Ord. 152 § 1 (part), 2004; Ord. 5-1983 § 10.08)The minimum standards for bicycle parking spaces are as follows:A. Parking Lots. All public and commercial parking lots and parking structures shall provide a minimum of one bicycle parking space for every ten (10) motor vehicle parking spaces.B. Schools, Public and Private. Site plans for all schools shall consider accommodations for bicycle parking.C. In the CBD. In downtown areas with on-street parking, bicycle parking for customers shall be provided along the street at a rate of at least one space per use. Spaces may be clustered to serve up to six bicycles; at least one cluster per block shall be provided. Bicycle parking spaces shall be located in front of the stores along the street, either on the sidewalks in specially constructed areas such as pedestrian curb extensions. Bicycle parking shall not interfere with pedestrian passage, leaving a clear area of at least five feet. Customer spaces are not required to be sheltered. Sheltered parking (within a building, or under an eave, overhang, or similar structure) shall be provided at a rate of one space per ten (10) employees, with a minimum of one space per store.D. Multifamily Residences. Every residential use of four or more dwelling units shall provide at least one sheltered bicycle parking space for each unit.E. Office and Industrial Parks. A minimum of two bicycle parking spaces per use shall be required.(Ord. 152 § 1 (part), 2004)A. Internal pedestrian circulation shall be provided in new commercial, office, and multifamily residential developments through the clustering of buildings, construction of hard surface walkways, landscaping, accessways or similar techniques.B. All site plans (industrial and commercial) shall clearly show how the site's internal pedestrian and bicycle facilities connect with external existing or planned facilities or systems.C. On-site facilities shall be provided that accommodate "safe and convenient" pedestrian and bicycle access within new subdivisions, multifamily developments, planned development, shopping centers, and commercial districts, and connecting to adjacent residential areas and neighborhood activity centers. Residential developments shall include streets with sidewalks and accessways. Pedestrian circulation through parking lots shall be provided in the form of accessways.(Ord. 152 § 1 (part), 2004)Clear vision areas shall be provided with the following dimensions:A. A clear vision area shall be a triangular area on a lot at the intersection of two streets, two sides of which are lot lines measured a distance of thirty (30) feet from the corner intersection of the lot lines. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to the point of intersection.B. The clear vision area shall contain no plantings, walls, fences, structures or other temporary or permanent obstructions exceeding three feet in height measured from the grade of the street centerline, except that trees exceeding this height may be located in this area, provided all branches and foliage are removed to a height of eight feet above the grade.(Ord. 5-1983 § 10.09)An accessory use shall comply with all requirements for a principal use, except as this title specifically allows to the contrary, and shall comply with the following limitations:A. An accessory structure or use shall only be approved provided the principal use has been established.B. An accessory structure not used for human habitation and separated from the main building may be located in the required rear and side yard, except in the required street side yard of a corner lot, provided it is not closer than five feet to a property line.(Ord. 5-1983 § 10.10)The city council may issue a temporary use permit to allow the short-term use of a site by a mobile or temporary structure or activity. Such structures or activities may not be ordinarily allowed in the particular zone, but are necessary for some useful purpose, and, because of the temporary nature, will not adversely impact the neighborhood or city. The city council may require that certain measures be taken to protect neighboring uses or the city as a whole. Temporary use permits will be processed in the same manner as development permits and may be granted for any period of time up to one year, subject to renewal if necessary.(Ord. 5-1983 § 10.11)A. Where a right of access exists, access will be allowed to a property at less than the designated spacing standard only if that property does not have reasonable access and the designated spacing cannot be accomplished. If possible, other options should be considered such as joint access.B. Where the right of access exists, the number of approach roads (driveways) to a single property shall be limited to one, even when the property frontage exceeds the spacing standards. More than one approach road may be considered if, in the judgment of the Region Access Management Engineer, additional approach roads are necessary to accommodate and service the traffic to a property, and additional approach roads will not interfere with driver expectancy and the safety of the through traffic on the highway.C. Approach roads shall be located where they do not create undue interference or hazard to the free movement of normal highway or pedestrian traffic. Locations on sharp curves, steep grades, areas of restricted sight distance or at points which interfere with the placement and proper functioning of traffic control signs, signals, lighting or other devices that affect traffic operation will not be permitted.D. If a property becomes landlocked (no reasonable access exists) because an approach road cannot be safely constructed and operated, and all other alternatives have been explored and rejected, ODOT might be required to purchase the property. (Note: If a hardship is self-inflicted, such as by partitioning or subdividing a property, ODOT does not have responsibility for purchasing the property.E. Minimum spacing for public road approaches is either the existing city block spacing or the city block spacing as identified in the local comprehensive plan. Public road connections are preferred over private driveways, and in STAs driveways are discouraged. However, where driveways are allowed and where land use patterns permit, the minimum spacing for driveways is one hundred seventy-five (175) feet or mid-block if the current city block spacing is less than three hundred fifty (350) feet.F. Adjacent commercial or office properties classified as major traffic generators (i.e. shopping plazas, office parks), shall provide a cross access drive and pedestrian access to allow circulation between sites.G. A system of joint use driveways and cross access easements shall be established wherever feasible and shall incorporate the following:A continuous service drive or cross access corridor extending the entire length of each block served to provide for driveway separation consistent with the access management classification system and standards;A design speed of ten (10) mph and a maximum width of twenty (20) feet to accommodate two-way travel aisles designated to accommodate automobiles, service vehicles, and loading vehicles;Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross access via a service drive;A unified access and circulation system plan for coordinated or shared parking areas is encouraged.H. Shared parking areas shall be permitted as a reduction in required parking spaces if peak demands do not occur at the same time periods.I. Pursuant to this section, property owners shall:Record an easement with the deed allowing cross access to and from other properties served by the joint use driveways and cross access or service drive;Record an agreement with the deed that remaining access rights along the roadway will be dedicated to the city and pre-existing driveways will be closed and eliminated after construction of the joint-use driveway;Record a joint maintenance agreement with that deed defining maintenance responsibilities of property owners.J. The city may reduce required separation distance of access points where they prove impractical, provided all of the following requirements are met:Joint access driveways and cross access easements are provided in accordance with this section;The site plan incorporates a unified access and circulation system in accordance with this section;The property owner enters into a written agreement with the (city/county), recorded with the deed, the pre-existing connections on the site will be closed and eliminated after construction of each side of the joint use driveway.K. The city may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make a development of a unified or shared access and circulation system impractical.L. Driveways shall meet the following standards:If the driveway is a one-way in or one-way out drive, then the driveway shall be a minimum width of ten (10) feet and shall have appropriate signage designating the driveway as a one way connection;For two-way access, each lane shall have a minimum width of ten (10) feet.M. Driveway approaches must be designed and located to provide an exiting vehicle with an unobstructed view. Construction of driveways along acceleration or deceleration lanes and tapers shall be avoided due to the potential for vehicular weaving conflicts.N. The length of driveways shall be designed in accordance with the anticipated storage length for entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on-site circulation.O. In the interest of promoting unified access and circulation systems, development sites under the same ownership or consolidated for the purposes of development and comprised of more than one building site shall be reviewed as single properties in relation to the access standards of this chapter. The number of access points permitted shall be the minimum number necessary to provide reasonable access to these properties, not the maximum available for that frontage. All necessary easements, agreements, and stipulations shall be met. This shall also apply to phased development plans. The owner and all lessees within the affected area are responsible for compliance with the requirements of this chapter and both shall be cited for any violation.P. All access must be internalized using the shared circulation system of the principal development or retail center. Driveways shall be designed to avoid queuing across surrounding parking and driving aisles.Q. Legal access connections in place as of (date of adoption) that do not conform with the standards herein are considered nonconforming features and shall be brought into compliance with applicable standards under the following conditions:When new access connection permits are requested;Change in use or enlargements or improvements that will increase trip generation.R. Lots that front on more than one street shall be required to locate motor vehicle accesses on the street with the lower functional classification.S. When a residential subdivision is proposed that would abut an arterial, it shall be designed to provide through lots along the arterial with access from a frontage road or interior local road. Access rights of these lots to the arterial shall be dedicated to the city and recorded with the deed. A berm or buffer yard may be required at the rear of through lots to buffer residences from traffic on the arterial. The berm or buffer yard shall not be located with the public right-of-way.T. The street system of proposed subdivisions shall be designed to connect with existing, proposed, and planned streets outside of the subdivision as provided in this section.U. Wherever a proposed development abuts unplatted land or a future development phase of the same development, street stubs shall be provided to provide access to abutting properties or to logically extend the street system into the surrounding area. All street stubs shall be provided with a temporary turnaround unless specifically exempted by the public works director, and the restoration and extension of the street shall be the responsibility of any future developer of the abutting land.V. Minor collector and local residential access streets shall connect with surrounding streets to permit the convenient movement of traffic between residential neighborhoods or facilitate emergency access and evacuation. Connections shall be designed to avoid or minimize through traffic on local streets. Appropriate design and traffic control such as four-way stops and traffic calming measures are the preferred means of discouraging through traffic.W. The granting of the variation shall be in harmony with the purpose and intent of these regulations and shall not be considered until every feasible option for meeting access standards is explored.X. Applicants for a variance from these standards must provide proof of unique or special conditions that make strict application of the provisions impractical. Applicants shall include proof that:Indirect or restricted access cannot be obtained;No engineering or construction solutions can be applied to mitigate the condition; andNo alternative access is available from a street with a lower functional classification than the primary roadway.Y. No variance shall be granted where such hardship is self-created.(Ord. 152 § 1 (part), 2004)All transportation facilities will conform with the transportation system plan street development standards. Changes in the specific alignment of proposed public roads and highways shall be permitted without plan amendment if the new alignment falls within a transportation corridor identified in the transportation system plan. Transportation projects involving the operation, maintenance, repair and preservation of existing facilities that are consistent with the transportation system plan, the classification of that roadway and approved road standards shall be allowed, except where specifically regulated (i.e. within a floodplain). Dedication of right-of-way, authorization of construction and the construction of facilities and improvements shall be allowed, where the improvements are consistent with the transportation system plan, the classification of the roadway and approved road standards. For state projects that require an Environmental Impact Statement (EIS) or Environmental Assessment (EA), the draft EIS or EA shall serve as the documentation for local land use review, if local review is required. More specifically, uses will be permitted as follows:A. Uses permitted outright:Normal operation, maintenance, repair, and preservation activities associated with transportation facilities;Installation of culverts, pathways, fencing, guardrails, lighting, and similar types of improvements that take place within the existing right-of-way;Projects specifically identified in the transportation system plan as not requiring further land use regulation;Landscaping as part of a transportation facility;Emergency measures as necessary for the safety and protection of property;Acquisition of right-of-way for public roads, highways, and other transportation projects identified in the transportation system plan are permitted outright, except for those that are located in exclusive farm or forest zones.B. Conditional uses permitted:Construction, reconstruction, or widening of highways, roads, bridges, or other transportation projects that are: (a) not specifically identified in the transportation system plan or (b) not designed and constructed as part of a subdivision or planned development subject to site plan and/or conditional use review, shall comply with the transportation system plan and applicable standards, and shall address the following criteria. For state projects that require an EIS or EA, the draft EIS or EA shall be reviewed and used as the basis for findings to comply with the following criteria:a. The project is designed to be compatible with existing land use and social patterns, including noise generation, safety and zoning.b. The project is minimize avoidable environmental impacts, to identified wetlands, wildlife habit, air and water quality, and cultural resources.c. The project preserves or improves the safety and function of the facility through access management, traffic calming, or other design features.d. The project includes provision for bicycle and pedestrian circulation as consistent with the land use plan and other requirements of this title;Construction of rest areas, weigh stations, and temporary storage and processing sites;If review under this section indicates that the use or activity is inconsistent with the transportation system plan, the procedure for a plan amendment, including any necessary goal exceptions, shall be undertaken prior to or in conjunction with the conditional permit review.(Ord. 131 § 1 (part), 1999)
17.40.090 - Clear vision area.
No lot or contiguous lots under the same ownership shall be reduced below the minimum area and lot dimensions required by this title.(Ord. 5-1983 § 10.01)No dwelling shall be erected on a lot which does not abut at least one street for a minimum distance of twenty (20) feet. No building in the rear of a principal building on the same lot may be used for residential purposes, except for employment of the occupants of the principal building and their immediate families.(Ord. 5-1983 § 10.02)No part of a yard or other open space required around any building for the purpose of complying with the provisions of this title shall be included as part of a yard or other open space required under this title for another building.(Ord. 5-1983 § 10.03)Where the owner of a lot or lots of official record at the time of the enactment of the ordinance codified in this title does not own sufficient space in said lot or lots to enable him to conform to the yard and other requirements of this title, such lot or lots may be used as a building site; provided, that the yard space and other requirements shall conform as closely as possible in the opinion of the city council to the requirements for the district in which the property is located.(Ord. 5-1983 § 10.04)The front yard requirements of this title shall not apply where the average depth of the existing front yard on developed lots, located within one hundred (100) feet on each side of the lot and within the same block and zone, and fronting on the same street as such lot, is less than the minimum required front yard depth. In such cases the depth of the front yard on such lots shall not be less than the average existing front yard depth on the developed lots.(Ord. 5-1983 § 10.05)A. When a property or an existing building at the time of the passage of the ordinance codified in this title has a use which was legal prior to the passage of said ordinance, such may continue, even though it is not in conformity with these zoning regulations. Except as below, if the use of the building or premises is changed, it shall be changed to a use conforming to the zoning regulations and after such change, it will not be permissible to change back again to the original nonconforming use.B. A nonconforming use shall not be extended; however, the extension of a nonconforming use to any portion of a building which was arranged or designed for such nonconforming use at the time of the passage of the ordinance codified in this title shall not be deemed the extension of a nonconforming use.C. If a nonconforming use is discontinued for a period of ninety (90) days, the same cannot be again continued. If a building is unoccupied on the effective day of the ordinance codified in this title, then the last use shall be considered to be the use of record and the ninety (90) day period of discontinuance shall commence on the effective date of said ordinance.D. When a building having a nonconforming use is damaged by fire or other natural causes, and is not reconstructed within two years, then such building shall not be rebuilt unless in its construction and uses, it conforms fully to the requirements of this title and other ordinances of the city. Any reconstruction must be kept within the old foundation.E. No building or structure shall be moved from one lot or premises to another unless such building or structure conforms to all the provisions of the applicable zone.(Ord. 5-1983 § 10.06)Nothing in this title shall require any change in the plans, construction, alteration or designated use of a building upon which construction was actually begun previous to the passage of the ordinance codified in this title. However, such entire building must be completed in accordance with the original plans within one year from the date of commencing construction.(Ord. 5-1983 § 10.07)The following off-street parking requirements shall be provided at the time a building or structure is constructed or substantially altered, or there is a change in use of an existing structure for all zones except the CBD:A. Residences or Other Dwelling Units.Two spaces per single-family, duplex or mobilehome residence.One and one-half spaces each, for more than two dwelling units.Off-street parking spaces for dwellings shall be located on the same lot with the dwelling.B. Other Uses.Assembly-Type Use. One space per one hundred (100) square feet of assembly area.Motel or Resort. One space per unit.Office or Retail. One space per three hundred (300) feet of area.Restaurant or Tavern. One space per two hundred (200) square feet of seating area.Warehouse. One space per two thousand (2,000) square feet of warehouse area.Other Uses. As determined by the council.C. Off-Street Parking Requirements in the CBD.For uses in the CBD that require less than twenty (20) spaces as specified in subsection A or B of this section, there shall not be any required off-street parking.For uses in the CBD that require more than twenty (20) spaces as specified in subsection A or B of this section, there shall be provided the number of off-street parking spaces as specified in those sections except for housing which shall provide one space per dwelling unit or 0.5 spaces per dwelling unit of dedicated senior housing.(Ord. 152 § 1 (part), 2004; Ord. 5-1983 § 10.08)The minimum standards for bicycle parking spaces are as follows:A. Parking Lots. All public and commercial parking lots and parking structures shall provide a minimum of one bicycle parking space for every ten (10) motor vehicle parking spaces.B. Schools, Public and Private. Site plans for all schools shall consider accommodations for bicycle parking.C. In the CBD. In downtown areas with on-street parking, bicycle parking for customers shall be provided along the street at a rate of at least one space per use. Spaces may be clustered to serve up to six bicycles; at least one cluster per block shall be provided. Bicycle parking spaces shall be located in front of the stores along the street, either on the sidewalks in specially constructed areas such as pedestrian curb extensions. Bicycle parking shall not interfere with pedestrian passage, leaving a clear area of at least five feet. Customer spaces are not required to be sheltered. Sheltered parking (within a building, or under an eave, overhang, or similar structure) shall be provided at a rate of one space per ten (10) employees, with a minimum of one space per store.D. Multifamily Residences. Every residential use of four or more dwelling units shall provide at least one sheltered bicycle parking space for each unit.E. Office and Industrial Parks. A minimum of two bicycle parking spaces per use shall be required.(Ord. 152 § 1 (part), 2004)A. Internal pedestrian circulation shall be provided in new commercial, office, and multifamily residential developments through the clustering of buildings, construction of hard surface walkways, landscaping, accessways or similar techniques.B. All site plans (industrial and commercial) shall clearly show how the site's internal pedestrian and bicycle facilities connect with external existing or planned facilities or systems.C. On-site facilities shall be provided that accommodate "safe and convenient" pedestrian and bicycle access within new subdivisions, multifamily developments, planned development, shopping centers, and commercial districts, and connecting to adjacent residential areas and neighborhood activity centers. Residential developments shall include streets with sidewalks and accessways. Pedestrian circulation through parking lots shall be provided in the form of accessways.(Ord. 152 § 1 (part), 2004)Clear vision areas shall be provided with the following dimensions:A. A clear vision area shall be a triangular area on a lot at the intersection of two streets, two sides of which are lot lines measured a distance of thirty (30) feet from the corner intersection of the lot lines. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to the point of intersection.B. The clear vision area shall contain no plantings, walls, fences, structures or other temporary or permanent obstructions exceeding three feet in height measured from the grade of the street centerline, except that trees exceeding this height may be located in this area, provided all branches and foliage are removed to a height of eight feet above the grade.(Ord. 5-1983 § 10.09)An accessory use shall comply with all requirements for a principal use, except as this title specifically allows to the contrary, and shall comply with the following limitations:A. An accessory structure or use shall only be approved provided the principal use has been established.B. An accessory structure not used for human habitation and separated from the main building may be located in the required rear and side yard, except in the required street side yard of a corner lot, provided it is not closer than five feet to a property line.(Ord. 5-1983 § 10.10)The city council may issue a temporary use permit to allow the short-term use of a site by a mobile or temporary structure or activity. Such structures or activities may not be ordinarily allowed in the particular zone, but are necessary for some useful purpose, and, because of the temporary nature, will not adversely impact the neighborhood or city. The city council may require that certain measures be taken to protect neighboring uses or the city as a whole. Temporary use permits will be processed in the same manner as development permits and may be granted for any period of time up to one year, subject to renewal if necessary.(Ord. 5-1983 § 10.11)A. Where a right of access exists, access will be allowed to a property at less than the designated spacing standard only if that property does not have reasonable access and the designated spacing cannot be accomplished. If possible, other options should be considered such as joint access.B. Where the right of access exists, the number of approach roads (driveways) to a single property shall be limited to one, even when the property frontage exceeds the spacing standards. More than one approach road may be considered if, in the judgment of the Region Access Management Engineer, additional approach roads are necessary to accommodate and service the traffic to a property, and additional approach roads will not interfere with driver expectancy and the safety of the through traffic on the highway.C. Approach roads shall be located where they do not create undue interference or hazard to the free movement of normal highway or pedestrian traffic. Locations on sharp curves, steep grades, areas of restricted sight distance or at points which interfere with the placement and proper functioning of traffic control signs, signals, lighting or other devices that affect traffic operation will not be permitted.D. If a property becomes landlocked (no reasonable access exists) because an approach road cannot be safely constructed and operated, and all other alternatives have been explored and rejected, ODOT might be required to purchase the property. (Note: If a hardship is self-inflicted, such as by partitioning or subdividing a property, ODOT does not have responsibility for purchasing the property.E. Minimum spacing for public road approaches is either the existing city block spacing or the city block spacing as identified in the local comprehensive plan. Public road connections are preferred over private driveways, and in STAs driveways are discouraged. However, where driveways are allowed and where land use patterns permit, the minimum spacing for driveways is one hundred seventy-five (175) feet or mid-block if the current city block spacing is less than three hundred fifty (350) feet.F. Adjacent commercial or office properties classified as major traffic generators (i.e. shopping plazas, office parks), shall provide a cross access drive and pedestrian access to allow circulation between sites.G. A system of joint use driveways and cross access easements shall be established wherever feasible and shall incorporate the following:A continuous service drive or cross access corridor extending the entire length of each block served to provide for driveway separation consistent with the access management classification system and standards;A design speed of ten (10) mph and a maximum width of twenty (20) feet to accommodate two-way travel aisles designated to accommodate automobiles, service vehicles, and loading vehicles;Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross access via a service drive;A unified access and circulation system plan for coordinated or shared parking areas is encouraged.H. Shared parking areas shall be permitted as a reduction in required parking spaces if peak demands do not occur at the same time periods.I. Pursuant to this section, property owners shall:Record an easement with the deed allowing cross access to and from other properties served by the joint use driveways and cross access or service drive;Record an agreement with the deed that remaining access rights along the roadway will be dedicated to the city and pre-existing driveways will be closed and eliminated after construction of the joint-use driveway;Record a joint maintenance agreement with that deed defining maintenance responsibilities of property owners.J. The city may reduce required separation distance of access points where they prove impractical, provided all of the following requirements are met:Joint access driveways and cross access easements are provided in accordance with this section;The site plan incorporates a unified access and circulation system in accordance with this section;The property owner enters into a written agreement with the (city/county), recorded with the deed, the pre-existing connections on the site will be closed and eliminated after construction of each side of the joint use driveway.K. The city may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make a development of a unified or shared access and circulation system impractical.L. Driveways shall meet the following standards:If the driveway is a one-way in or one-way out drive, then the driveway shall be a minimum width of ten (10) feet and shall have appropriate signage designating the driveway as a one way connection;For two-way access, each lane shall have a minimum width of ten (10) feet.M. Driveway approaches must be designed and located to provide an exiting vehicle with an unobstructed view. Construction of driveways along acceleration or deceleration lanes and tapers shall be avoided due to the potential for vehicular weaving conflicts.N. The length of driveways shall be designed in accordance with the anticipated storage length for entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on-site circulation.O. In the interest of promoting unified access and circulation systems, development sites under the same ownership or consolidated for the purposes of development and comprised of more than one building site shall be reviewed as single properties in relation to the access standards of this chapter. The number of access points permitted shall be the minimum number necessary to provide reasonable access to these properties, not the maximum available for that frontage. All necessary easements, agreements, and stipulations shall be met. This shall also apply to phased development plans. The owner and all lessees within the affected area are responsible for compliance with the requirements of this chapter and both shall be cited for any violation.P. All access must be internalized using the shared circulation system of the principal development or retail center. Driveways shall be designed to avoid queuing across surrounding parking and driving aisles.Q. Legal access connections in place as of (date of adoption) that do not conform with the standards herein are considered nonconforming features and shall be brought into compliance with applicable standards under the following conditions:When new access connection permits are requested;Change in use or enlargements or improvements that will increase trip generation.R. Lots that front on more than one street shall be required to locate motor vehicle accesses on the street with the lower functional classification.S. When a residential subdivision is proposed that would abut an arterial, it shall be designed to provide through lots along the arterial with access from a frontage road or interior local road. Access rights of these lots to the arterial shall be dedicated to the city and recorded with the deed. A berm or buffer yard may be required at the rear of through lots to buffer residences from traffic on the arterial. The berm or buffer yard shall not be located with the public right-of-way.T. The street system of proposed subdivisions shall be designed to connect with existing, proposed, and planned streets outside of the subdivision as provided in this section.U. Wherever a proposed development abuts unplatted land or a future development phase of the same development, street stubs shall be provided to provide access to abutting properties or to logically extend the street system into the surrounding area. All street stubs shall be provided with a temporary turnaround unless specifically exempted by the public works director, and the restoration and extension of the street shall be the responsibility of any future developer of the abutting land.V. Minor collector and local residential access streets shall connect with surrounding streets to permit the convenient movement of traffic between residential neighborhoods or facilitate emergency access and evacuation. Connections shall be designed to avoid or minimize through traffic on local streets. Appropriate design and traffic control such as four-way stops and traffic calming measures are the preferred means of discouraging through traffic.W. The granting of the variation shall be in harmony with the purpose and intent of these regulations and shall not be considered until every feasible option for meeting access standards is explored.X. Applicants for a variance from these standards must provide proof of unique or special conditions that make strict application of the provisions impractical. Applicants shall include proof that:Indirect or restricted access cannot be obtained;No engineering or construction solutions can be applied to mitigate the condition; andNo alternative access is available from a street with a lower functional classification than the primary roadway.Y. No variance shall be granted where such hardship is self-created.(Ord. 152 § 1 (part), 2004)All transportation facilities will conform with the transportation system plan street development standards. Changes in the specific alignment of proposed public roads and highways shall be permitted without plan amendment if the new alignment falls within a transportation corridor identified in the transportation system plan. Transportation projects involving the operation, maintenance, repair and preservation of existing facilities that are consistent with the transportation system plan, the classification of that roadway and approved road standards shall be allowed, except where specifically regulated (i.e. within a floodplain). Dedication of right-of-way, authorization of construction and the construction of facilities and improvements shall be allowed, where the improvements are consistent with the transportation system plan, the classification of the roadway and approved road standards. For state projects that require an Environmental Impact Statement (EIS) or Environmental Assessment (EA), the draft EIS or EA shall serve as the documentation for local land use review, if local review is required. More specifically, uses will be permitted as follows:A. Uses permitted outright:Normal operation, maintenance, repair, and preservation activities associated with transportation facilities;Installation of culverts, pathways, fencing, guardrails, lighting, and similar types of improvements that take place within the existing right-of-way;Projects specifically identified in the transportation system plan as not requiring further land use regulation;Landscaping as part of a transportation facility;Emergency measures as necessary for the safety and protection of property;Acquisition of right-of-way for public roads, highways, and other transportation projects identified in the transportation system plan are permitted outright, except for those that are located in exclusive farm or forest zones.B. Conditional uses permitted:Construction, reconstruction, or widening of highways, roads, bridges, or other transportation projects that are: (a) not specifically identified in the transportation system plan or (b) not designed and constructed as part of a subdivision or planned development subject to site plan and/or conditional use review, shall comply with the transportation system plan and applicable standards, and shall address the following criteria. For state projects that require an EIS or EA, the draft EIS or EA shall be reviewed and used as the basis for findings to comply with the following criteria:a. The project is designed to be compatible with existing land use and social patterns, including noise generation, safety and zoning.b. The project is minimize avoidable environmental impacts, to identified wetlands, wildlife habit, air and water quality, and cultural resources.c. The project preserves or improves the safety and function of the facility through access management, traffic calming, or other design features.d. The project includes provision for bicycle and pedestrian circulation as consistent with the land use plan and other requirements of this title;Construction of rest areas, weigh stations, and temporary storage and processing sites;If review under this section indicates that the use or activity is inconsistent with the transportation system plan, the procedure for a plan amendment, including any necessary goal exceptions, shall be undertaken prior to or in conjunction with the conditional permit review.(Ord. 131 § 1 (part), 1999)
17.40.100 - Accessory uses.
No lot or contiguous lots under the same ownership shall be reduced below the minimum area and lot dimensions required by this title.(Ord. 5-1983 § 10.01)No dwelling shall be erected on a lot which does not abut at least one street for a minimum distance of twenty (20) feet. No building in the rear of a principal building on the same lot may be used for residential purposes, except for employment of the occupants of the principal building and their immediate families.(Ord. 5-1983 § 10.02)No part of a yard or other open space required around any building for the purpose of complying with the provisions of this title shall be included as part of a yard or other open space required under this title for another building.(Ord. 5-1983 § 10.03)Where the owner of a lot or lots of official record at the time of the enactment of the ordinance codified in this title does not own sufficient space in said lot or lots to enable him to conform to the yard and other requirements of this title, such lot or lots may be used as a building site; provided, that the yard space and other requirements shall conform as closely as possible in the opinion of the city council to the requirements for the district in which the property is located.(Ord. 5-1983 § 10.04)The front yard requirements of this title shall not apply where the average depth of the existing front yard on developed lots, located within one hundred (100) feet on each side of the lot and within the same block and zone, and fronting on the same street as such lot, is less than the minimum required front yard depth. In such cases the depth of the front yard on such lots shall not be less than the average existing front yard depth on the developed lots.(Ord. 5-1983 § 10.05)A. When a property or an existing building at the time of the passage of the ordinance codified in this title has a use which was legal prior to the passage of said ordinance, such may continue, even though it is not in conformity with these zoning regulations. Except as below, if the use of the building or premises is changed, it shall be changed to a use conforming to the zoning regulations and after such change, it will not be permissible to change back again to the original nonconforming use.B. A nonconforming use shall not be extended; however, the extension of a nonconforming use to any portion of a building which was arranged or designed for such nonconforming use at the time of the passage of the ordinance codified in this title shall not be deemed the extension of a nonconforming use.C. If a nonconforming use is discontinued for a period of ninety (90) days, the same cannot be again continued. If a building is unoccupied on the effective day of the ordinance codified in this title, then the last use shall be considered to be the use of record and the ninety (90) day period of discontinuance shall commence on the effective date of said ordinance.D. When a building having a nonconforming use is damaged by fire or other natural causes, and is not reconstructed within two years, then such building shall not be rebuilt unless in its construction and uses, it conforms fully to the requirements of this title and other ordinances of the city. Any reconstruction must be kept within the old foundation.E. No building or structure shall be moved from one lot or premises to another unless such building or structure conforms to all the provisions of the applicable zone.(Ord. 5-1983 § 10.06)Nothing in this title shall require any change in the plans, construction, alteration or designated use of a building upon which construction was actually begun previous to the passage of the ordinance codified in this title. However, such entire building must be completed in accordance with the original plans within one year from the date of commencing construction.(Ord. 5-1983 § 10.07)The following off-street parking requirements shall be provided at the time a building or structure is constructed or substantially altered, or there is a change in use of an existing structure for all zones except the CBD:A. Residences or Other Dwelling Units.Two spaces per single-family, duplex or mobilehome residence.One and one-half spaces each, for more than two dwelling units.Off-street parking spaces for dwellings shall be located on the same lot with the dwelling.B. Other Uses.Assembly-Type Use. One space per one hundred (100) square feet of assembly area.Motel or Resort. One space per unit.Office or Retail. One space per three hundred (300) feet of area.Restaurant or Tavern. One space per two hundred (200) square feet of seating area.Warehouse. One space per two thousand (2,000) square feet of warehouse area.Other Uses. As determined by the council.C. Off-Street Parking Requirements in the CBD.For uses in the CBD that require less than twenty (20) spaces as specified in subsection A or B of this section, there shall not be any required off-street parking.For uses in the CBD that require more than twenty (20) spaces as specified in subsection A or B of this section, there shall be provided the number of off-street parking spaces as specified in those sections except for housing which shall provide one space per dwelling unit or 0.5 spaces per dwelling unit of dedicated senior housing.(Ord. 152 § 1 (part), 2004; Ord. 5-1983 § 10.08)The minimum standards for bicycle parking spaces are as follows:A. Parking Lots. All public and commercial parking lots and parking structures shall provide a minimum of one bicycle parking space for every ten (10) motor vehicle parking spaces.B. Schools, Public and Private. Site plans for all schools shall consider accommodations for bicycle parking.C. In the CBD. In downtown areas with on-street parking, bicycle parking for customers shall be provided along the street at a rate of at least one space per use. Spaces may be clustered to serve up to six bicycles; at least one cluster per block shall be provided. Bicycle parking spaces shall be located in front of the stores along the street, either on the sidewalks in specially constructed areas such as pedestrian curb extensions. Bicycle parking shall not interfere with pedestrian passage, leaving a clear area of at least five feet. Customer spaces are not required to be sheltered. Sheltered parking (within a building, or under an eave, overhang, or similar structure) shall be provided at a rate of one space per ten (10) employees, with a minimum of one space per store.D. Multifamily Residences. Every residential use of four or more dwelling units shall provide at least one sheltered bicycle parking space for each unit.E. Office and Industrial Parks. A minimum of two bicycle parking spaces per use shall be required.(Ord. 152 § 1 (part), 2004)A. Internal pedestrian circulation shall be provided in new commercial, office, and multifamily residential developments through the clustering of buildings, construction of hard surface walkways, landscaping, accessways or similar techniques.B. All site plans (industrial and commercial) shall clearly show how the site's internal pedestrian and bicycle facilities connect with external existing or planned facilities or systems.C. On-site facilities shall be provided that accommodate "safe and convenient" pedestrian and bicycle access within new subdivisions, multifamily developments, planned development, shopping centers, and commercial districts, and connecting to adjacent residential areas and neighborhood activity centers. Residential developments shall include streets with sidewalks and accessways. Pedestrian circulation through parking lots shall be provided in the form of accessways.(Ord. 152 § 1 (part), 2004)Clear vision areas shall be provided with the following dimensions:A. A clear vision area shall be a triangular area on a lot at the intersection of two streets, two sides of which are lot lines measured a distance of thirty (30) feet from the corner intersection of the lot lines. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to the point of intersection.B. The clear vision area shall contain no plantings, walls, fences, structures or other temporary or permanent obstructions exceeding three feet in height measured from the grade of the street centerline, except that trees exceeding this height may be located in this area, provided all branches and foliage are removed to a height of eight feet above the grade.(Ord. 5-1983 § 10.09)An accessory use shall comply with all requirements for a principal use, except as this title specifically allows to the contrary, and shall comply with the following limitations:A. An accessory structure or use shall only be approved provided the principal use has been established.B. An accessory structure not used for human habitation and separated from the main building may be located in the required rear and side yard, except in the required street side yard of a corner lot, provided it is not closer than five feet to a property line.(Ord. 5-1983 § 10.10)The city council may issue a temporary use permit to allow the short-term use of a site by a mobile or temporary structure or activity. Such structures or activities may not be ordinarily allowed in the particular zone, but are necessary for some useful purpose, and, because of the temporary nature, will not adversely impact the neighborhood or city. The city council may require that certain measures be taken to protect neighboring uses or the city as a whole. Temporary use permits will be processed in the same manner as development permits and may be granted for any period of time up to one year, subject to renewal if necessary.(Ord. 5-1983 § 10.11)A. Where a right of access exists, access will be allowed to a property at less than the designated spacing standard only if that property does not have reasonable access and the designated spacing cannot be accomplished. If possible, other options should be considered such as joint access.B. Where the right of access exists, the number of approach roads (driveways) to a single property shall be limited to one, even when the property frontage exceeds the spacing standards. More than one approach road may be considered if, in the judgment of the Region Access Management Engineer, additional approach roads are necessary to accommodate and service the traffic to a property, and additional approach roads will not interfere with driver expectancy and the safety of the through traffic on the highway.C. Approach roads shall be located where they do not create undue interference or hazard to the free movement of normal highway or pedestrian traffic. Locations on sharp curves, steep grades, areas of restricted sight distance or at points which interfere with the placement and proper functioning of traffic control signs, signals, lighting or other devices that affect traffic operation will not be permitted.D. If a property becomes landlocked (no reasonable access exists) because an approach road cannot be safely constructed and operated, and all other alternatives have been explored and rejected, ODOT might be required to purchase the property. (Note: If a hardship is self-inflicted, such as by partitioning or subdividing a property, ODOT does not have responsibility for purchasing the property.E. Minimum spacing for public road approaches is either the existing city block spacing or the city block spacing as identified in the local comprehensive plan. Public road connections are preferred over private driveways, and in STAs driveways are discouraged. However, where driveways are allowed and where land use patterns permit, the minimum spacing for driveways is one hundred seventy-five (175) feet or mid-block if the current city block spacing is less than three hundred fifty (350) feet.F. Adjacent commercial or office properties classified as major traffic generators (i.e. shopping plazas, office parks), shall provide a cross access drive and pedestrian access to allow circulation between sites.G. A system of joint use driveways and cross access easements shall be established wherever feasible and shall incorporate the following:A continuous service drive or cross access corridor extending the entire length of each block served to provide for driveway separation consistent with the access management classification system and standards;A design speed of ten (10) mph and a maximum width of twenty (20) feet to accommodate two-way travel aisles designated to accommodate automobiles, service vehicles, and loading vehicles;Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross access via a service drive;A unified access and circulation system plan for coordinated or shared parking areas is encouraged.H. Shared parking areas shall be permitted as a reduction in required parking spaces if peak demands do not occur at the same time periods.I. Pursuant to this section, property owners shall:Record an easement with the deed allowing cross access to and from other properties served by the joint use driveways and cross access or service drive;Record an agreement with the deed that remaining access rights along the roadway will be dedicated to the city and pre-existing driveways will be closed and eliminated after construction of the joint-use driveway;Record a joint maintenance agreement with that deed defining maintenance responsibilities of property owners.J. The city may reduce required separation distance of access points where they prove impractical, provided all of the following requirements are met:Joint access driveways and cross access easements are provided in accordance with this section;The site plan incorporates a unified access and circulation system in accordance with this section;The property owner enters into a written agreement with the (city/county), recorded with the deed, the pre-existing connections on the site will be closed and eliminated after construction of each side of the joint use driveway.K. The city may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make a development of a unified or shared access and circulation system impractical.L. Driveways shall meet the following standards:If the driveway is a one-way in or one-way out drive, then the driveway shall be a minimum width of ten (10) feet and shall have appropriate signage designating the driveway as a one way connection;For two-way access, each lane shall have a minimum width of ten (10) feet.M. Driveway approaches must be designed and located to provide an exiting vehicle with an unobstructed view. Construction of driveways along acceleration or deceleration lanes and tapers shall be avoided due to the potential for vehicular weaving conflicts.N. The length of driveways shall be designed in accordance with the anticipated storage length for entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on-site circulation.O. In the interest of promoting unified access and circulation systems, development sites under the same ownership or consolidated for the purposes of development and comprised of more than one building site shall be reviewed as single properties in relation to the access standards of this chapter. The number of access points permitted shall be the minimum number necessary to provide reasonable access to these properties, not the maximum available for that frontage. All necessary easements, agreements, and stipulations shall be met. This shall also apply to phased development plans. The owner and all lessees within the affected area are responsible for compliance with the requirements of this chapter and both shall be cited for any violation.P. All access must be internalized using the shared circulation system of the principal development or retail center. Driveways shall be designed to avoid queuing across surrounding parking and driving aisles.Q. Legal access connections in place as of (date of adoption) that do not conform with the standards herein are considered nonconforming features and shall be brought into compliance with applicable standards under the following conditions:When new access connection permits are requested;Change in use or enlargements or improvements that will increase trip generation.R. Lots that front on more than one street shall be required to locate motor vehicle accesses on the street with the lower functional classification.S. When a residential subdivision is proposed that would abut an arterial, it shall be designed to provide through lots along the arterial with access from a frontage road or interior local road. Access rights of these lots to the arterial shall be dedicated to the city and recorded with the deed. A berm or buffer yard may be required at the rear of through lots to buffer residences from traffic on the arterial. The berm or buffer yard shall not be located with the public right-of-way.T. The street system of proposed subdivisions shall be designed to connect with existing, proposed, and planned streets outside of the subdivision as provided in this section.U. Wherever a proposed development abuts unplatted land or a future development phase of the same development, street stubs shall be provided to provide access to abutting properties or to logically extend the street system into the surrounding area. All street stubs shall be provided with a temporary turnaround unless specifically exempted by the public works director, and the restoration and extension of the street shall be the responsibility of any future developer of the abutting land.V. Minor collector and local residential access streets shall connect with surrounding streets to permit the convenient movement of traffic between residential neighborhoods or facilitate emergency access and evacuation. Connections shall be designed to avoid or minimize through traffic on local streets. Appropriate design and traffic control such as four-way stops and traffic calming measures are the preferred means of discouraging through traffic.W. The granting of the variation shall be in harmony with the purpose and intent of these regulations and shall not be considered until every feasible option for meeting access standards is explored.X. Applicants for a variance from these standards must provide proof of unique or special conditions that make strict application of the provisions impractical. Applicants shall include proof that:Indirect or restricted access cannot be obtained;No engineering or construction solutions can be applied to mitigate the condition; andNo alternative access is available from a street with a lower functional classification than the primary roadway.Y. No variance shall be granted where such hardship is self-created.(Ord. 152 § 1 (part), 2004)All transportation facilities will conform with the transportation system plan street development standards. Changes in the specific alignment of proposed public roads and highways shall be permitted without plan amendment if the new alignment falls within a transportation corridor identified in the transportation system plan. Transportation projects involving the operation, maintenance, repair and preservation of existing facilities that are consistent with the transportation system plan, the classification of that roadway and approved road standards shall be allowed, except where specifically regulated (i.e. within a floodplain). Dedication of right-of-way, authorization of construction and the construction of facilities and improvements shall be allowed, where the improvements are consistent with the transportation system plan, the classification of the roadway and approved road standards. For state projects that require an Environmental Impact Statement (EIS) or Environmental Assessment (EA), the draft EIS or EA shall serve as the documentation for local land use review, if local review is required. More specifically, uses will be permitted as follows:A. Uses permitted outright:Normal operation, maintenance, repair, and preservation activities associated with transportation facilities;Installation of culverts, pathways, fencing, guardrails, lighting, and similar types of improvements that take place within the existing right-of-way;Projects specifically identified in the transportation system plan as not requiring further land use regulation;Landscaping as part of a transportation facility;Emergency measures as necessary for the safety and protection of property;Acquisition of right-of-way for public roads, highways, and other transportation projects identified in the transportation system plan are permitted outright, except for those that are located in exclusive farm or forest zones.B. Conditional uses permitted:Construction, reconstruction, or widening of highways, roads, bridges, or other transportation projects that are: (a) not specifically identified in the transportation system plan or (b) not designed and constructed as part of a subdivision or planned development subject to site plan and/or conditional use review, shall comply with the transportation system plan and applicable standards, and shall address the following criteria. For state projects that require an EIS or EA, the draft EIS or EA shall be reviewed and used as the basis for findings to comply with the following criteria:a. The project is designed to be compatible with existing land use and social patterns, including noise generation, safety and zoning.b. The project is minimize avoidable environmental impacts, to identified wetlands, wildlife habit, air and water quality, and cultural resources.c. The project preserves or improves the safety and function of the facility through access management, traffic calming, or other design features.d. The project includes provision for bicycle and pedestrian circulation as consistent with the land use plan and other requirements of this title;Construction of rest areas, weigh stations, and temporary storage and processing sites;If review under this section indicates that the use or activity is inconsistent with the transportation system plan, the procedure for a plan amendment, including any necessary goal exceptions, shall be undertaken prior to or in conjunction with the conditional permit review.(Ord. 131 § 1 (part), 1999)
17.40.110 - Temporary use.
No lot or contiguous lots under the same ownership shall be reduced below the minimum area and lot dimensions required by this title.(Ord. 5-1983 § 10.01)No dwelling shall be erected on a lot which does not abut at least one street for a minimum distance of twenty (20) feet. No building in the rear of a principal building on the same lot may be used for residential purposes, except for employment of the occupants of the principal building and their immediate families.(Ord. 5-1983 § 10.02)No part of a yard or other open space required around any building for the purpose of complying with the provisions of this title shall be included as part of a yard or other open space required under this title for another building.(Ord. 5-1983 § 10.03)Where the owner of a lot or lots of official record at the time of the enactment of the ordinance codified in this title does not own sufficient space in said lot or lots to enable him to conform to the yard and other requirements of this title, such lot or lots may be used as a building site; provided, that the yard space and other requirements shall conform as closely as possible in the opinion of the city council to the requirements for the district in which the property is located.(Ord. 5-1983 § 10.04)The front yard requirements of this title shall not apply where the average depth of the existing front yard on developed lots, located within one hundred (100) feet on each side of the lot and within the same block and zone, and fronting on the same street as such lot, is less than the minimum required front yard depth. In such cases the depth of the front yard on such lots shall not be less than the average existing front yard depth on the developed lots.(Ord. 5-1983 § 10.05)A. When a property or an existing building at the time of the passage of the ordinance codified in this title has a use which was legal prior to the passage of said ordinance, such may continue, even though it is not in conformity with these zoning regulations. Except as below, if the use of the building or premises is changed, it shall be changed to a use conforming to the zoning regulations and after such change, it will not be permissible to change back again to the original nonconforming use.B. A nonconforming use shall not be extended; however, the extension of a nonconforming use to any portion of a building which was arranged or designed for such nonconforming use at the time of the passage of the ordinance codified in this title shall not be deemed the extension of a nonconforming use.C. If a nonconforming use is discontinued for a period of ninety (90) days, the same cannot be again continued. If a building is unoccupied on the effective day of the ordinance codified in this title, then the last use shall be considered to be the use of record and the ninety (90) day period of discontinuance shall commence on the effective date of said ordinance.D. When a building having a nonconforming use is damaged by fire or other natural causes, and is not reconstructed within two years, then such building shall not be rebuilt unless in its construction and uses, it conforms fully to the requirements of this title and other ordinances of the city. Any reconstruction must be kept within the old foundation.E. No building or structure shall be moved from one lot or premises to another unless such building or structure conforms to all the provisions of the applicable zone.(Ord. 5-1983 § 10.06)Nothing in this title shall require any change in the plans, construction, alteration or designated use of a building upon which construction was actually begun previous to the passage of the ordinance codified in this title. However, such entire building must be completed in accordance with the original plans within one year from the date of commencing construction.(Ord. 5-1983 § 10.07)The following off-street parking requirements shall be provided at the time a building or structure is constructed or substantially altered, or there is a change in use of an existing structure for all zones except the CBD:A. Residences or Other Dwelling Units.Two spaces per single-family, duplex or mobilehome residence.One and one-half spaces each, for more than two dwelling units.Off-street parking spaces for dwellings shall be located on the same lot with the dwelling.B. Other Uses.Assembly-Type Use. One space per one hundred (100) square feet of assembly area.Motel or Resort. One space per unit.Office or Retail. One space per three hundred (300) feet of area.Restaurant or Tavern. One space per two hundred (200) square feet of seating area.Warehouse. One space per two thousand (2,000) square feet of warehouse area.Other Uses. As determined by the council.C. Off-Street Parking Requirements in the CBD.For uses in the CBD that require less than twenty (20) spaces as specified in subsection A or B of this section, there shall not be any required off-street parking.For uses in the CBD that require more than twenty (20) spaces as specified in subsection A or B of this section, there shall be provided the number of off-street parking spaces as specified in those sections except for housing which shall provide one space per dwelling unit or 0.5 spaces per dwelling unit of dedicated senior housing.(Ord. 152 § 1 (part), 2004; Ord. 5-1983 § 10.08)The minimum standards for bicycle parking spaces are as follows:A. Parking Lots. All public and commercial parking lots and parking structures shall provide a minimum of one bicycle parking space for every ten (10) motor vehicle parking spaces.B. Schools, Public and Private. Site plans for all schools shall consider accommodations for bicycle parking.C. In the CBD. In downtown areas with on-street parking, bicycle parking for customers shall be provided along the street at a rate of at least one space per use. Spaces may be clustered to serve up to six bicycles; at least one cluster per block shall be provided. Bicycle parking spaces shall be located in front of the stores along the street, either on the sidewalks in specially constructed areas such as pedestrian curb extensions. Bicycle parking shall not interfere with pedestrian passage, leaving a clear area of at least five feet. Customer spaces are not required to be sheltered. Sheltered parking (within a building, or under an eave, overhang, or similar structure) shall be provided at a rate of one space per ten (10) employees, with a minimum of one space per store.D. Multifamily Residences. Every residential use of four or more dwelling units shall provide at least one sheltered bicycle parking space for each unit.E. Office and Industrial Parks. A minimum of two bicycle parking spaces per use shall be required.(Ord. 152 § 1 (part), 2004)A. Internal pedestrian circulation shall be provided in new commercial, office, and multifamily residential developments through the clustering of buildings, construction of hard surface walkways, landscaping, accessways or similar techniques.B. All site plans (industrial and commercial) shall clearly show how the site's internal pedestrian and bicycle facilities connect with external existing or planned facilities or systems.C. On-site facilities shall be provided that accommodate "safe and convenient" pedestrian and bicycle access within new subdivisions, multifamily developments, planned development, shopping centers, and commercial districts, and connecting to adjacent residential areas and neighborhood activity centers. Residential developments shall include streets with sidewalks and accessways. Pedestrian circulation through parking lots shall be provided in the form of accessways.(Ord. 152 § 1 (part), 2004)Clear vision areas shall be provided with the following dimensions:A. A clear vision area shall be a triangular area on a lot at the intersection of two streets, two sides of which are lot lines measured a distance of thirty (30) feet from the corner intersection of the lot lines. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to the point of intersection.B. The clear vision area shall contain no plantings, walls, fences, structures or other temporary or permanent obstructions exceeding three feet in height measured from the grade of the street centerline, except that trees exceeding this height may be located in this area, provided all branches and foliage are removed to a height of eight feet above the grade.(Ord. 5-1983 § 10.09)An accessory use shall comply with all requirements for a principal use, except as this title specifically allows to the contrary, and shall comply with the following limitations:A. An accessory structure or use shall only be approved provided the principal use has been established.B. An accessory structure not used for human habitation and separated from the main building may be located in the required rear and side yard, except in the required street side yard of a corner lot, provided it is not closer than five feet to a property line.(Ord. 5-1983 § 10.10)The city council may issue a temporary use permit to allow the short-term use of a site by a mobile or temporary structure or activity. Such structures or activities may not be ordinarily allowed in the particular zone, but are necessary for some useful purpose, and, because of the temporary nature, will not adversely impact the neighborhood or city. The city council may require that certain measures be taken to protect neighboring uses or the city as a whole. Temporary use permits will be processed in the same manner as development permits and may be granted for any period of time up to one year, subject to renewal if necessary.(Ord. 5-1983 § 10.11)A. Where a right of access exists, access will be allowed to a property at less than the designated spacing standard only if that property does not have reasonable access and the designated spacing cannot be accomplished. If possible, other options should be considered such as joint access.B. Where the right of access exists, the number of approach roads (driveways) to a single property shall be limited to one, even when the property frontage exceeds the spacing standards. More than one approach road may be considered if, in the judgment of the Region Access Management Engineer, additional approach roads are necessary to accommodate and service the traffic to a property, and additional approach roads will not interfere with driver expectancy and the safety of the through traffic on the highway.C. Approach roads shall be located where they do not create undue interference or hazard to the free movement of normal highway or pedestrian traffic. Locations on sharp curves, steep grades, areas of restricted sight distance or at points which interfere with the placement and proper functioning of traffic control signs, signals, lighting or other devices that affect traffic operation will not be permitted.D. If a property becomes landlocked (no reasonable access exists) because an approach road cannot be safely constructed and operated, and all other alternatives have been explored and rejected, ODOT might be required to purchase the property. (Note: If a hardship is self-inflicted, such as by partitioning or subdividing a property, ODOT does not have responsibility for purchasing the property.E. Minimum spacing for public road approaches is either the existing city block spacing or the city block spacing as identified in the local comprehensive plan. Public road connections are preferred over private driveways, and in STAs driveways are discouraged. However, where driveways are allowed and where land use patterns permit, the minimum spacing for driveways is one hundred seventy-five (175) feet or mid-block if the current city block spacing is less than three hundred fifty (350) feet.F. Adjacent commercial or office properties classified as major traffic generators (i.e. shopping plazas, office parks), shall provide a cross access drive and pedestrian access to allow circulation between sites.G. A system of joint use driveways and cross access easements shall be established wherever feasible and shall incorporate the following:A continuous service drive or cross access corridor extending the entire length of each block served to provide for driveway separation consistent with the access management classification system and standards;A design speed of ten (10) mph and a maximum width of twenty (20) feet to accommodate two-way travel aisles designated to accommodate automobiles, service vehicles, and loading vehicles;Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross access via a service drive;A unified access and circulation system plan for coordinated or shared parking areas is encouraged.H. Shared parking areas shall be permitted as a reduction in required parking spaces if peak demands do not occur at the same time periods.I. Pursuant to this section, property owners shall:Record an easement with the deed allowing cross access to and from other properties served by the joint use driveways and cross access or service drive;Record an agreement with the deed that remaining access rights along the roadway will be dedicated to the city and pre-existing driveways will be closed and eliminated after construction of the joint-use driveway;Record a joint maintenance agreement with that deed defining maintenance responsibilities of property owners.J. The city may reduce required separation distance of access points where they prove impractical, provided all of the following requirements are met:Joint access driveways and cross access easements are provided in accordance with this section;The site plan incorporates a unified access and circulation system in accordance with this section;The property owner enters into a written agreement with the (city/county), recorded with the deed, the pre-existing connections on the site will be closed and eliminated after construction of each side of the joint use driveway.K. The city may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make a development of a unified or shared access and circulation system impractical.L. Driveways shall meet the following standards:If the driveway is a one-way in or one-way out drive, then the driveway shall be a minimum width of ten (10) feet and shall have appropriate signage designating the driveway as a one way connection;For two-way access, each lane shall have a minimum width of ten (10) feet.M. Driveway approaches must be designed and located to provide an exiting vehicle with an unobstructed view. Construction of driveways along acceleration or deceleration lanes and tapers shall be avoided due to the potential for vehicular weaving conflicts.N. The length of driveways shall be designed in accordance with the anticipated storage length for entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on-site circulation.O. In the interest of promoting unified access and circulation systems, development sites under the same ownership or consolidated for the purposes of development and comprised of more than one building site shall be reviewed as single properties in relation to the access standards of this chapter. The number of access points permitted shall be the minimum number necessary to provide reasonable access to these properties, not the maximum available for that frontage. All necessary easements, agreements, and stipulations shall be met. This shall also apply to phased development plans. The owner and all lessees within the affected area are responsible for compliance with the requirements of this chapter and both shall be cited for any violation.P. All access must be internalized using the shared circulation system of the principal development or retail center. Driveways shall be designed to avoid queuing across surrounding parking and driving aisles.Q. Legal access connections in place as of (date of adoption) that do not conform with the standards herein are considered nonconforming features and shall be brought into compliance with applicable standards under the following conditions:When new access connection permits are requested;Change in use or enlargements or improvements that will increase trip generation.R. Lots that front on more than one street shall be required to locate motor vehicle accesses on the street with the lower functional classification.S. When a residential subdivision is proposed that would abut an arterial, it shall be designed to provide through lots along the arterial with access from a frontage road or interior local road. Access rights of these lots to the arterial shall be dedicated to the city and recorded with the deed. A berm or buffer yard may be required at the rear of through lots to buffer residences from traffic on the arterial. The berm or buffer yard shall not be located with the public right-of-way.T. The street system of proposed subdivisions shall be designed to connect with existing, proposed, and planned streets outside of the subdivision as provided in this section.U. Wherever a proposed development abuts unplatted land or a future development phase of the same development, street stubs shall be provided to provide access to abutting properties or to logically extend the street system into the surrounding area. All street stubs shall be provided with a temporary turnaround unless specifically exempted by the public works director, and the restoration and extension of the street shall be the responsibility of any future developer of the abutting land.V. Minor collector and local residential access streets shall connect with surrounding streets to permit the convenient movement of traffic between residential neighborhoods or facilitate emergency access and evacuation. Connections shall be designed to avoid or minimize through traffic on local streets. Appropriate design and traffic control such as four-way stops and traffic calming measures are the preferred means of discouraging through traffic.W. The granting of the variation shall be in harmony with the purpose and intent of these regulations and shall not be considered until every feasible option for meeting access standards is explored.X. Applicants for a variance from these standards must provide proof of unique or special conditions that make strict application of the provisions impractical. Applicants shall include proof that:Indirect or restricted access cannot be obtained;No engineering or construction solutions can be applied to mitigate the condition; andNo alternative access is available from a street with a lower functional classification than the primary roadway.Y. No variance shall be granted where such hardship is self-created.(Ord. 152 § 1 (part), 2004)All transportation facilities will conform with the transportation system plan street development standards. Changes in the specific alignment of proposed public roads and highways shall be permitted without plan amendment if the new alignment falls within a transportation corridor identified in the transportation system plan. Transportation projects involving the operation, maintenance, repair and preservation of existing facilities that are consistent with the transportation system plan, the classification of that roadway and approved road standards shall be allowed, except where specifically regulated (i.e. within a floodplain). Dedication of right-of-way, authorization of construction and the construction of facilities and improvements shall be allowed, where the improvements are consistent with the transportation system plan, the classification of the roadway and approved road standards. For state projects that require an Environmental Impact Statement (EIS) or Environmental Assessment (EA), the draft EIS or EA shall serve as the documentation for local land use review, if local review is required. More specifically, uses will be permitted as follows:A. Uses permitted outright:Normal operation, maintenance, repair, and preservation activities associated with transportation facilities;Installation of culverts, pathways, fencing, guardrails, lighting, and similar types of improvements that take place within the existing right-of-way;Projects specifically identified in the transportation system plan as not requiring further land use regulation;Landscaping as part of a transportation facility;Emergency measures as necessary for the safety and protection of property;Acquisition of right-of-way for public roads, highways, and other transportation projects identified in the transportation system plan are permitted outright, except for those that are located in exclusive farm or forest zones.B. Conditional uses permitted:Construction, reconstruction, or widening of highways, roads, bridges, or other transportation projects that are: (a) not specifically identified in the transportation system plan or (b) not designed and constructed as part of a subdivision or planned development subject to site plan and/or conditional use review, shall comply with the transportation system plan and applicable standards, and shall address the following criteria. For state projects that require an EIS or EA, the draft EIS or EA shall be reviewed and used as the basis for findings to comply with the following criteria:a. The project is designed to be compatible with existing land use and social patterns, including noise generation, safety and zoning.b. The project is minimize avoidable environmental impacts, to identified wetlands, wildlife habit, air and water quality, and cultural resources.c. The project preserves or improves the safety and function of the facility through access management, traffic calming, or other design features.d. The project includes provision for bicycle and pedestrian circulation as consistent with the land use plan and other requirements of this title;Construction of rest areas, weigh stations, and temporary storage and processing sites;If review under this section indicates that the use or activity is inconsistent with the transportation system plan, the procedure for a plan amendment, including any necessary goal exceptions, shall be undertaken prior to or in conjunction with the conditional permit review.(Ord. 131 § 1 (part), 1999)
17.40.120 - Joint and cross access.
No lot or contiguous lots under the same ownership shall be reduced below the minimum area and lot dimensions required by this title.(Ord. 5-1983 § 10.01)No dwelling shall be erected on a lot which does not abut at least one street for a minimum distance of twenty (20) feet. No building in the rear of a principal building on the same lot may be used for residential purposes, except for employment of the occupants of the principal building and their immediate families.(Ord. 5-1983 § 10.02)No part of a yard or other open space required around any building for the purpose of complying with the provisions of this title shall be included as part of a yard or other open space required under this title for another building.(Ord. 5-1983 § 10.03)Where the owner of a lot or lots of official record at the time of the enactment of the ordinance codified in this title does not own sufficient space in said lot or lots to enable him to conform to the yard and other requirements of this title, such lot or lots may be used as a building site; provided, that the yard space and other requirements shall conform as closely as possible in the opinion of the city council to the requirements for the district in which the property is located.(Ord. 5-1983 § 10.04)The front yard requirements of this title shall not apply where the average depth of the existing front yard on developed lots, located within one hundred (100) feet on each side of the lot and within the same block and zone, and fronting on the same street as such lot, is less than the minimum required front yard depth. In such cases the depth of the front yard on such lots shall not be less than the average existing front yard depth on the developed lots.(Ord. 5-1983 § 10.05)A. When a property or an existing building at the time of the passage of the ordinance codified in this title has a use which was legal prior to the passage of said ordinance, such may continue, even though it is not in conformity with these zoning regulations. Except as below, if the use of the building or premises is changed, it shall be changed to a use conforming to the zoning regulations and after such change, it will not be permissible to change back again to the original nonconforming use.B. A nonconforming use shall not be extended; however, the extension of a nonconforming use to any portion of a building which was arranged or designed for such nonconforming use at the time of the passage of the ordinance codified in this title shall not be deemed the extension of a nonconforming use.C. If a nonconforming use is discontinued for a period of ninety (90) days, the same cannot be again continued. If a building is unoccupied on the effective day of the ordinance codified in this title, then the last use shall be considered to be the use of record and the ninety (90) day period of discontinuance shall commence on the effective date of said ordinance.D. When a building having a nonconforming use is damaged by fire or other natural causes, and is not reconstructed within two years, then such building shall not be rebuilt unless in its construction and uses, it conforms fully to the requirements of this title and other ordinances of the city. Any reconstruction must be kept within the old foundation.E. No building or structure shall be moved from one lot or premises to another unless such building or structure conforms to all the provisions of the applicable zone.(Ord. 5-1983 § 10.06)Nothing in this title shall require any change in the plans, construction, alteration or designated use of a building upon which construction was actually begun previous to the passage of the ordinance codified in this title. However, such entire building must be completed in accordance with the original plans within one year from the date of commencing construction.(Ord. 5-1983 § 10.07)The following off-street parking requirements shall be provided at the time a building or structure is constructed or substantially altered, or there is a change in use of an existing structure for all zones except the CBD:A. Residences or Other Dwelling Units.Two spaces per single-family, duplex or mobilehome residence.One and one-half spaces each, for more than two dwelling units.Off-street parking spaces for dwellings shall be located on the same lot with the dwelling.B. Other Uses.Assembly-Type Use. One space per one hundred (100) square feet of assembly area.Motel or Resort. One space per unit.Office or Retail. One space per three hundred (300) feet of area.Restaurant or Tavern. One space per two hundred (200) square feet of seating area.Warehouse. One space per two thousand (2,000) square feet of warehouse area.Other Uses. As determined by the council.C. Off-Street Parking Requirements in the CBD.For uses in the CBD that require less than twenty (20) spaces as specified in subsection A or B of this section, there shall not be any required off-street parking.For uses in the CBD that require more than twenty (20) spaces as specified in subsection A or B of this section, there shall be provided the number of off-street parking spaces as specified in those sections except for housing which shall provide one space per dwelling unit or 0.5 spaces per dwelling unit of dedicated senior housing.(Ord. 152 § 1 (part), 2004; Ord. 5-1983 § 10.08)The minimum standards for bicycle parking spaces are as follows:A. Parking Lots. All public and commercial parking lots and parking structures shall provide a minimum of one bicycle parking space for every ten (10) motor vehicle parking spaces.B. Schools, Public and Private. Site plans for all schools shall consider accommodations for bicycle parking.C. In the CBD. In downtown areas with on-street parking, bicycle parking for customers shall be provided along the street at a rate of at least one space per use. Spaces may be clustered to serve up to six bicycles; at least one cluster per block shall be provided. Bicycle parking spaces shall be located in front of the stores along the street, either on the sidewalks in specially constructed areas such as pedestrian curb extensions. Bicycle parking shall not interfere with pedestrian passage, leaving a clear area of at least five feet. Customer spaces are not required to be sheltered. Sheltered parking (within a building, or under an eave, overhang, or similar structure) shall be provided at a rate of one space per ten (10) employees, with a minimum of one space per store.D. Multifamily Residences. Every residential use of four or more dwelling units shall provide at least one sheltered bicycle parking space for each unit.E. Office and Industrial Parks. A minimum of two bicycle parking spaces per use shall be required.(Ord. 152 § 1 (part), 2004)A. Internal pedestrian circulation shall be provided in new commercial, office, and multifamily residential developments through the clustering of buildings, construction of hard surface walkways, landscaping, accessways or similar techniques.B. All site plans (industrial and commercial) shall clearly show how the site's internal pedestrian and bicycle facilities connect with external existing or planned facilities or systems.C. On-site facilities shall be provided that accommodate "safe and convenient" pedestrian and bicycle access within new subdivisions, multifamily developments, planned development, shopping centers, and commercial districts, and connecting to adjacent residential areas and neighborhood activity centers. Residential developments shall include streets with sidewalks and accessways. Pedestrian circulation through parking lots shall be provided in the form of accessways.(Ord. 152 § 1 (part), 2004)Clear vision areas shall be provided with the following dimensions:A. A clear vision area shall be a triangular area on a lot at the intersection of two streets, two sides of which are lot lines measured a distance of thirty (30) feet from the corner intersection of the lot lines. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to the point of intersection.B. The clear vision area shall contain no plantings, walls, fences, structures or other temporary or permanent obstructions exceeding three feet in height measured from the grade of the street centerline, except that trees exceeding this height may be located in this area, provided all branches and foliage are removed to a height of eight feet above the grade.(Ord. 5-1983 § 10.09)An accessory use shall comply with all requirements for a principal use, except as this title specifically allows to the contrary, and shall comply with the following limitations:A. An accessory structure or use shall only be approved provided the principal use has been established.B. An accessory structure not used for human habitation and separated from the main building may be located in the required rear and side yard, except in the required street side yard of a corner lot, provided it is not closer than five feet to a property line.(Ord. 5-1983 § 10.10)The city council may issue a temporary use permit to allow the short-term use of a site by a mobile or temporary structure or activity. Such structures or activities may not be ordinarily allowed in the particular zone, but are necessary for some useful purpose, and, because of the temporary nature, will not adversely impact the neighborhood or city. The city council may require that certain measures be taken to protect neighboring uses or the city as a whole. Temporary use permits will be processed in the same manner as development permits and may be granted for any period of time up to one year, subject to renewal if necessary.(Ord. 5-1983 § 10.11)A. Where a right of access exists, access will be allowed to a property at less than the designated spacing standard only if that property does not have reasonable access and the designated spacing cannot be accomplished. If possible, other options should be considered such as joint access.B. Where the right of access exists, the number of approach roads (driveways) to a single property shall be limited to one, even when the property frontage exceeds the spacing standards. More than one approach road may be considered if, in the judgment of the Region Access Management Engineer, additional approach roads are necessary to accommodate and service the traffic to a property, and additional approach roads will not interfere with driver expectancy and the safety of the through traffic on the highway.C. Approach roads shall be located where they do not create undue interference or hazard to the free movement of normal highway or pedestrian traffic. Locations on sharp curves, steep grades, areas of restricted sight distance or at points which interfere with the placement and proper functioning of traffic control signs, signals, lighting or other devices that affect traffic operation will not be permitted.D. If a property becomes landlocked (no reasonable access exists) because an approach road cannot be safely constructed and operated, and all other alternatives have been explored and rejected, ODOT might be required to purchase the property. (Note: If a hardship is self-inflicted, such as by partitioning or subdividing a property, ODOT does not have responsibility for purchasing the property.E. Minimum spacing for public road approaches is either the existing city block spacing or the city block spacing as identified in the local comprehensive plan. Public road connections are preferred over private driveways, and in STAs driveways are discouraged. However, where driveways are allowed and where land use patterns permit, the minimum spacing for driveways is one hundred seventy-five (175) feet or mid-block if the current city block spacing is less than three hundred fifty (350) feet.F. Adjacent commercial or office properties classified as major traffic generators (i.e. shopping plazas, office parks), shall provide a cross access drive and pedestrian access to allow circulation between sites.G. A system of joint use driveways and cross access easements shall be established wherever feasible and shall incorporate the following:A continuous service drive or cross access corridor extending the entire length of each block served to provide for driveway separation consistent with the access management classification system and standards;A design speed of ten (10) mph and a maximum width of twenty (20) feet to accommodate two-way travel aisles designated to accommodate automobiles, service vehicles, and loading vehicles;Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross access via a service drive;A unified access and circulation system plan for coordinated or shared parking areas is encouraged.H. Shared parking areas shall be permitted as a reduction in required parking spaces if peak demands do not occur at the same time periods.I. Pursuant to this section, property owners shall:Record an easement with the deed allowing cross access to and from other properties served by the joint use driveways and cross access or service drive;Record an agreement with the deed that remaining access rights along the roadway will be dedicated to the city and pre-existing driveways will be closed and eliminated after construction of the joint-use driveway;Record a joint maintenance agreement with that deed defining maintenance responsibilities of property owners.J. The city may reduce required separation distance of access points where they prove impractical, provided all of the following requirements are met:Joint access driveways and cross access easements are provided in accordance with this section;The site plan incorporates a unified access and circulation system in accordance with this section;The property owner enters into a written agreement with the (city/county), recorded with the deed, the pre-existing connections on the site will be closed and eliminated after construction of each side of the joint use driveway.K. The city may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make a development of a unified or shared access and circulation system impractical.L. Driveways shall meet the following standards:If the driveway is a one-way in or one-way out drive, then the driveway shall be a minimum width of ten (10) feet and shall have appropriate signage designating the driveway as a one way connection;For two-way access, each lane shall have a minimum width of ten (10) feet.M. Driveway approaches must be designed and located to provide an exiting vehicle with an unobstructed view. Construction of driveways along acceleration or deceleration lanes and tapers shall be avoided due to the potential for vehicular weaving conflicts.N. The length of driveways shall be designed in accordance with the anticipated storage length for entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on-site circulation.O. In the interest of promoting unified access and circulation systems, development sites under the same ownership or consolidated for the purposes of development and comprised of more than one building site shall be reviewed as single properties in relation to the access standards of this chapter. The number of access points permitted shall be the minimum number necessary to provide reasonable access to these properties, not the maximum available for that frontage. All necessary easements, agreements, and stipulations shall be met. This shall also apply to phased development plans. The owner and all lessees within the affected area are responsible for compliance with the requirements of this chapter and both shall be cited for any violation.P. All access must be internalized using the shared circulation system of the principal development or retail center. Driveways shall be designed to avoid queuing across surrounding parking and driving aisles.Q. Legal access connections in place as of (date of adoption) that do not conform with the standards herein are considered nonconforming features and shall be brought into compliance with applicable standards under the following conditions:When new access connection permits are requested;Change in use or enlargements or improvements that will increase trip generation.R. Lots that front on more than one street shall be required to locate motor vehicle accesses on the street with the lower functional classification.S. When a residential subdivision is proposed that would abut an arterial, it shall be designed to provide through lots along the arterial with access from a frontage road or interior local road. Access rights of these lots to the arterial shall be dedicated to the city and recorded with the deed. A berm or buffer yard may be required at the rear of through lots to buffer residences from traffic on the arterial. The berm or buffer yard shall not be located with the public right-of-way.T. The street system of proposed subdivisions shall be designed to connect with existing, proposed, and planned streets outside of the subdivision as provided in this section.U. Wherever a proposed development abuts unplatted land or a future development phase of the same development, street stubs shall be provided to provide access to abutting properties or to logically extend the street system into the surrounding area. All street stubs shall be provided with a temporary turnaround unless specifically exempted by the public works director, and the restoration and extension of the street shall be the responsibility of any future developer of the abutting land.V. Minor collector and local residential access streets shall connect with surrounding streets to permit the convenient movement of traffic between residential neighborhoods or facilitate emergency access and evacuation. Connections shall be designed to avoid or minimize through traffic on local streets. Appropriate design and traffic control such as four-way stops and traffic calming measures are the preferred means of discouraging through traffic.W. The granting of the variation shall be in harmony with the purpose and intent of these regulations and shall not be considered until every feasible option for meeting access standards is explored.X. Applicants for a variance from these standards must provide proof of unique or special conditions that make strict application of the provisions impractical. Applicants shall include proof that:Indirect or restricted access cannot be obtained;No engineering or construction solutions can be applied to mitigate the condition; andNo alternative access is available from a street with a lower functional classification than the primary roadway.Y. No variance shall be granted where such hardship is self-created.(Ord. 152 § 1 (part), 2004)All transportation facilities will conform with the transportation system plan street development standards. Changes in the specific alignment of proposed public roads and highways shall be permitted without plan amendment if the new alignment falls within a transportation corridor identified in the transportation system plan. Transportation projects involving the operation, maintenance, repair and preservation of existing facilities that are consistent with the transportation system plan, the classification of that roadway and approved road standards shall be allowed, except where specifically regulated (i.e. within a floodplain). Dedication of right-of-way, authorization of construction and the construction of facilities and improvements shall be allowed, where the improvements are consistent with the transportation system plan, the classification of the roadway and approved road standards. For state projects that require an Environmental Impact Statement (EIS) or Environmental Assessment (EA), the draft EIS or EA shall serve as the documentation for local land use review, if local review is required. More specifically, uses will be permitted as follows:A. Uses permitted outright:Normal operation, maintenance, repair, and preservation activities associated with transportation facilities;Installation of culverts, pathways, fencing, guardrails, lighting, and similar types of improvements that take place within the existing right-of-way;Projects specifically identified in the transportation system plan as not requiring further land use regulation;Landscaping as part of a transportation facility;Emergency measures as necessary for the safety and protection of property;Acquisition of right-of-way for public roads, highways, and other transportation projects identified in the transportation system plan are permitted outright, except for those that are located in exclusive farm or forest zones.B. Conditional uses permitted:Construction, reconstruction, or widening of highways, roads, bridges, or other transportation projects that are: (a) not specifically identified in the transportation system plan or (b) not designed and constructed as part of a subdivision or planned development subject to site plan and/or conditional use review, shall comply with the transportation system plan and applicable standards, and shall address the following criteria. For state projects that require an EIS or EA, the draft EIS or EA shall be reviewed and used as the basis for findings to comply with the following criteria:a. The project is designed to be compatible with existing land use and social patterns, including noise generation, safety and zoning.b. The project is minimize avoidable environmental impacts, to identified wetlands, wildlife habit, air and water quality, and cultural resources.c. The project preserves or improves the safety and function of the facility through access management, traffic calming, or other design features.d. The project includes provision for bicycle and pedestrian circulation as consistent with the land use plan and other requirements of this title;Construction of rest areas, weigh stations, and temporary storage and processing sites;If review under this section indicates that the use or activity is inconsistent with the transportation system plan, the procedure for a plan amendment, including any necessary goal exceptions, shall be undertaken prior to or in conjunction with the conditional permit review.(Ord. 131 § 1 (part), 1999)
17.40.130 - Standards for transportation projects.
No lot or contiguous lots under the same ownership shall be reduced below the minimum area and lot dimensions required by this title.(Ord. 5-1983 § 10.01)No dwelling shall be erected on a lot which does not abut at least one street for a minimum distance of twenty (20) feet. No building in the rear of a principal building on the same lot may be used for residential purposes, except for employment of the occupants of the principal building and their immediate families.(Ord. 5-1983 § 10.02)No part of a yard or other open space required around any building for the purpose of complying with the provisions of this title shall be included as part of a yard or other open space required under this title for another building.(Ord. 5-1983 § 10.03)Where the owner of a lot or lots of official record at the time of the enactment of the ordinance codified in this title does not own sufficient space in said lot or lots to enable him to conform to the yard and other requirements of this title, such lot or lots may be used as a building site; provided, that the yard space and other requirements shall conform as closely as possible in the opinion of the city council to the requirements for the district in which the property is located.(Ord. 5-1983 § 10.04)The front yard requirements of this title shall not apply where the average depth of the existing front yard on developed lots, located within one hundred (100) feet on each side of the lot and within the same block and zone, and fronting on the same street as such lot, is less than the minimum required front yard depth. In such cases the depth of the front yard on such lots shall not be less than the average existing front yard depth on the developed lots.(Ord. 5-1983 § 10.05)A. When a property or an existing building at the time of the passage of the ordinance codified in this title has a use which was legal prior to the passage of said ordinance, such may continue, even though it is not in conformity with these zoning regulations. Except as below, if the use of the building or premises is changed, it shall be changed to a use conforming to the zoning regulations and after such change, it will not be permissible to change back again to the original nonconforming use.B. A nonconforming use shall not be extended; however, the extension of a nonconforming use to any portion of a building which was arranged or designed for such nonconforming use at the time of the passage of the ordinance codified in this title shall not be deemed the extension of a nonconforming use.C. If a nonconforming use is discontinued for a period of ninety (90) days, the same cannot be again continued. If a building is unoccupied on the effective day of the ordinance codified in this title, then the last use shall be considered to be the use of record and the ninety (90) day period of discontinuance shall commence on the effective date of said ordinance.D. When a building having a nonconforming use is damaged by fire or other natural causes, and is not reconstructed within two years, then such building shall not be rebuilt unless in its construction and uses, it conforms fully to the requirements of this title and other ordinances of the city. Any reconstruction must be kept within the old foundation.E. No building or structure shall be moved from one lot or premises to another unless such building or structure conforms to all the provisions of the applicable zone.(Ord. 5-1983 § 10.06)Nothing in this title shall require any change in the plans, construction, alteration or designated use of a building upon which construction was actually begun previous to the passage of the ordinance codified in this title. However, such entire building must be completed in accordance with the original plans within one year from the date of commencing construction.(Ord. 5-1983 § 10.07)The following off-street parking requirements shall be provided at the time a building or structure is constructed or substantially altered, or there is a change in use of an existing structure for all zones except the CBD:A. Residences or Other Dwelling Units.Two spaces per single-family, duplex or mobilehome residence.One and one-half spaces each, for more than two dwelling units.Off-street parking spaces for dwellings shall be located on the same lot with the dwelling.B. Other Uses.Assembly-Type Use. One space per one hundred (100) square feet of assembly area.Motel or Resort. One space per unit.Office or Retail. One space per three hundred (300) feet of area.Restaurant or Tavern. One space per two hundred (200) square feet of seating area.Warehouse. One space per two thousand (2,000) square feet of warehouse area.Other Uses. As determined by the council.C. Off-Street Parking Requirements in the CBD.For uses in the CBD that require less than twenty (20) spaces as specified in subsection A or B of this section, there shall not be any required off-street parking.For uses in the CBD that require more than twenty (20) spaces as specified in subsection A or B of this section, there shall be provided the number of off-street parking spaces as specified in those sections except for housing which shall provide one space per dwelling unit or 0.5 spaces per dwelling unit of dedicated senior housing.(Ord. 152 § 1 (part), 2004; Ord. 5-1983 § 10.08)The minimum standards for bicycle parking spaces are as follows:A. Parking Lots. All public and commercial parking lots and parking structures shall provide a minimum of one bicycle parking space for every ten (10) motor vehicle parking spaces.B. Schools, Public and Private. Site plans for all schools shall consider accommodations for bicycle parking.C. In the CBD. In downtown areas with on-street parking, bicycle parking for customers shall be provided along the street at a rate of at least one space per use. Spaces may be clustered to serve up to six bicycles; at least one cluster per block shall be provided. Bicycle parking spaces shall be located in front of the stores along the street, either on the sidewalks in specially constructed areas such as pedestrian curb extensions. Bicycle parking shall not interfere with pedestrian passage, leaving a clear area of at least five feet. Customer spaces are not required to be sheltered. Sheltered parking (within a building, or under an eave, overhang, or similar structure) shall be provided at a rate of one space per ten (10) employees, with a minimum of one space per store.D. Multifamily Residences. Every residential use of four or more dwelling units shall provide at least one sheltered bicycle parking space for each unit.E. Office and Industrial Parks. A minimum of two bicycle parking spaces per use shall be required.(Ord. 152 § 1 (part), 2004)A. Internal pedestrian circulation shall be provided in new commercial, office, and multifamily residential developments through the clustering of buildings, construction of hard surface walkways, landscaping, accessways or similar techniques.B. All site plans (industrial and commercial) shall clearly show how the site's internal pedestrian and bicycle facilities connect with external existing or planned facilities or systems.C. On-site facilities shall be provided that accommodate "safe and convenient" pedestrian and bicycle access within new subdivisions, multifamily developments, planned development, shopping centers, and commercial districts, and connecting to adjacent residential areas and neighborhood activity centers. Residential developments shall include streets with sidewalks and accessways. Pedestrian circulation through parking lots shall be provided in the form of accessways.(Ord. 152 § 1 (part), 2004)Clear vision areas shall be provided with the following dimensions:A. A clear vision area shall be a triangular area on a lot at the intersection of two streets, two sides of which are lot lines measured a distance of thirty (30) feet from the corner intersection of the lot lines. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to the point of intersection.B. The clear vision area shall contain no plantings, walls, fences, structures or other temporary or permanent obstructions exceeding three feet in height measured from the grade of the street centerline, except that trees exceeding this height may be located in this area, provided all branches and foliage are removed to a height of eight feet above the grade.(Ord. 5-1983 § 10.09)An accessory use shall comply with all requirements for a principal use, except as this title specifically allows to the contrary, and shall comply with the following limitations:A. An accessory structure or use shall only be approved provided the principal use has been established.B. An accessory structure not used for human habitation and separated from the main building may be located in the required rear and side yard, except in the required street side yard of a corner lot, provided it is not closer than five feet to a property line.(Ord. 5-1983 § 10.10)The city council may issue a temporary use permit to allow the short-term use of a site by a mobile or temporary structure or activity. Such structures or activities may not be ordinarily allowed in the particular zone, but are necessary for some useful purpose, and, because of the temporary nature, will not adversely impact the neighborhood or city. The city council may require that certain measures be taken to protect neighboring uses or the city as a whole. Temporary use permits will be processed in the same manner as development permits and may be granted for any period of time up to one year, subject to renewal if necessary.(Ord. 5-1983 § 10.11)A. Where a right of access exists, access will be allowed to a property at less than the designated spacing standard only if that property does not have reasonable access and the designated spacing cannot be accomplished. If possible, other options should be considered such as joint access.B. Where the right of access exists, the number of approach roads (driveways) to a single property shall be limited to one, even when the property frontage exceeds the spacing standards. More than one approach road may be considered if, in the judgment of the Region Access Management Engineer, additional approach roads are necessary to accommodate and service the traffic to a property, and additional approach roads will not interfere with driver expectancy and the safety of the through traffic on the highway.C. Approach roads shall be located where they do not create undue interference or hazard to the free movement of normal highway or pedestrian traffic. Locations on sharp curves, steep grades, areas of restricted sight distance or at points which interfere with the placement and proper functioning of traffic control signs, signals, lighting or other devices that affect traffic operation will not be permitted.D. If a property becomes landlocked (no reasonable access exists) because an approach road cannot be safely constructed and operated, and all other alternatives have been explored and rejected, ODOT might be required to purchase the property. (Note: If a hardship is self-inflicted, such as by partitioning or subdividing a property, ODOT does not have responsibility for purchasing the property.E. Minimum spacing for public road approaches is either the existing city block spacing or the city block spacing as identified in the local comprehensive plan. Public road connections are preferred over private driveways, and in STAs driveways are discouraged. However, where driveways are allowed and where land use patterns permit, the minimum spacing for driveways is one hundred seventy-five (175) feet or mid-block if the current city block spacing is less than three hundred fifty (350) feet.F. Adjacent commercial or office properties classified as major traffic generators (i.e. shopping plazas, office parks), shall provide a cross access drive and pedestrian access to allow circulation between sites.G. A system of joint use driveways and cross access easements shall be established wherever feasible and shall incorporate the following:A continuous service drive or cross access corridor extending the entire length of each block served to provide for driveway separation consistent with the access management classification system and standards;A design speed of ten (10) mph and a maximum width of twenty (20) feet to accommodate two-way travel aisles designated to accommodate automobiles, service vehicles, and loading vehicles;Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross access via a service drive;A unified access and circulation system plan for coordinated or shared parking areas is encouraged.H. Shared parking areas shall be permitted as a reduction in required parking spaces if peak demands do not occur at the same time periods.I. Pursuant to this section, property owners shall:Record an easement with the deed allowing cross access to and from other properties served by the joint use driveways and cross access or service drive;Record an agreement with the deed that remaining access rights along the roadway will be dedicated to the city and pre-existing driveways will be closed and eliminated after construction of the joint-use driveway;Record a joint maintenance agreement with that deed defining maintenance responsibilities of property owners.J. The city may reduce required separation distance of access points where they prove impractical, provided all of the following requirements are met:Joint access driveways and cross access easements are provided in accordance with this section;The site plan incorporates a unified access and circulation system in accordance with this section;The property owner enters into a written agreement with the (city/county), recorded with the deed, the pre-existing connections on the site will be closed and eliminated after construction of each side of the joint use driveway.K. The city may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make a development of a unified or shared access and circulation system impractical.L. Driveways shall meet the following standards:If the driveway is a one-way in or one-way out drive, then the driveway shall be a minimum width of ten (10) feet and shall have appropriate signage designating the driveway as a one way connection;For two-way access, each lane shall have a minimum width of ten (10) feet.M. Driveway approaches must be designed and located to provide an exiting vehicle with an unobstructed view. Construction of driveways along acceleration or deceleration lanes and tapers shall be avoided due to the potential for vehicular weaving conflicts.N. The length of driveways shall be designed in accordance with the anticipated storage length for entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on-site circulation.O. In the interest of promoting unified access and circulation systems, development sites under the same ownership or consolidated for the purposes of development and comprised of more than one building site shall be reviewed as single properties in relation to the access standards of this chapter. The number of access points permitted shall be the minimum number necessary to provide reasonable access to these properties, not the maximum available for that frontage. All necessary easements, agreements, and stipulations shall be met. This shall also apply to phased development plans. The owner and all lessees within the affected area are responsible for compliance with the requirements of this chapter and both shall be cited for any violation.P. All access must be internalized using the shared circulation system of the principal development or retail center. Driveways shall be designed to avoid queuing across surrounding parking and driving aisles.Q. Legal access connections in place as of (date of adoption) that do not conform with the standards herein are considered nonconforming features and shall be brought into compliance with applicable standards under the following conditions:When new access connection permits are requested;Change in use or enlargements or improvements that will increase trip generation.R. Lots that front on more than one street shall be required to locate motor vehicle accesses on the street with the lower functional classification.S. When a residential subdivision is proposed that would abut an arterial, it shall be designed to provide through lots along the arterial with access from a frontage road or interior local road. Access rights of these lots to the arterial shall be dedicated to the city and recorded with the deed. A berm or buffer yard may be required at the rear of through lots to buffer residences from traffic on the arterial. The berm or buffer yard shall not be located with the public right-of-way.T. The street system of proposed subdivisions shall be designed to connect with existing, proposed, and planned streets outside of the subdivision as provided in this section.U. Wherever a proposed development abuts unplatted land or a future development phase of the same development, street stubs shall be provided to provide access to abutting properties or to logically extend the street system into the surrounding area. All street stubs shall be provided with a temporary turnaround unless specifically exempted by the public works director, and the restoration and extension of the street shall be the responsibility of any future developer of the abutting land.V. Minor collector and local residential access streets shall connect with surrounding streets to permit the convenient movement of traffic between residential neighborhoods or facilitate emergency access and evacuation. Connections shall be designed to avoid or minimize through traffic on local streets. Appropriate design and traffic control such as four-way stops and traffic calming measures are the preferred means of discouraging through traffic.W. The granting of the variation shall be in harmony with the purpose and intent of these regulations and shall not be considered until every feasible option for meeting access standards is explored.X. Applicants for a variance from these standards must provide proof of unique or special conditions that make strict application of the provisions impractical. Applicants shall include proof that:Indirect or restricted access cannot be obtained;No engineering or construction solutions can be applied to mitigate the condition; andNo alternative access is available from a street with a lower functional classification than the primary roadway.Y. No variance shall be granted where such hardship is self-created.(Ord. 152 § 1 (part), 2004)All transportation facilities will conform with the transportation system plan street development standards. Changes in the specific alignment of proposed public roads and highways shall be permitted without plan amendment if the new alignment falls within a transportation corridor identified in the transportation system plan. Transportation projects involving the operation, maintenance, repair and preservation of existing facilities that are consistent with the transportation system plan, the classification of that roadway and approved road standards shall be allowed, except where specifically regulated (i.e. within a floodplain). Dedication of right-of-way, authorization of construction and the construction of facilities and improvements shall be allowed, where the improvements are consistent with the transportation system plan, the classification of the roadway and approved road standards. For state projects that require an Environmental Impact Statement (EIS) or Environmental Assessment (EA), the draft EIS or EA shall serve as the documentation for local land use review, if local review is required. More specifically, uses will be permitted as follows:A. Uses permitted outright:Normal operation, maintenance, repair, and preservation activities associated with transportation facilities;Installation of culverts, pathways, fencing, guardrails, lighting, and similar types of improvements that take place within the existing right-of-way;Projects specifically identified in the transportation system plan as not requiring further land use regulation;Landscaping as part of a transportation facility;Emergency measures as necessary for the safety and protection of property;Acquisition of right-of-way for public roads, highways, and other transportation projects identified in the transportation system plan are permitted outright, except for those that are located in exclusive farm or forest zones.B. Conditional uses permitted:Construction, reconstruction, or widening of highways, roads, bridges, or other transportation projects that are: (a) not specifically identified in the transportation system plan or (b) not designed and constructed as part of a subdivision or planned development subject to site plan and/or conditional use review, shall comply with the transportation system plan and applicable standards, and shall address the following criteria. For state projects that require an EIS or EA, the draft EIS or EA shall be reviewed and used as the basis for findings to comply with the following criteria:a. The project is designed to be compatible with existing land use and social patterns, including noise generation, safety and zoning.b. The project is minimize avoidable environmental impacts, to identified wetlands, wildlife habit, air and water quality, and cultural resources.c. The project preserves or improves the safety and function of the facility through access management, traffic calming, or other design features.d. The project includes provision for bicycle and pedestrian circulation as consistent with the land use plan and other requirements of this title;Construction of rest areas, weigh stations, and temporary storage and processing sites;If review under this section indicates that the use or activity is inconsistent with the transportation system plan, the procedure for a plan amendment, including any necessary goal exceptions, shall be undertaken prior to or in conjunction with the conditional permit review.(Ord. 131 § 1 (part), 1999)
