1.

USES PERMITTED OUTRIGHT. In an R-l zone, the following uses and their accessory uses, subject to the limitations and restrictions contained herein, shall be permitted outright:

A.

Single-family dwellings of a permanent character, provided however, that manufactured homes are permitted only in compliance with the following:

1)

The manufactured home shall have exterior siding and roofing which in color, materials and appearance is similar to the exterior siding and roofing material commonly used in residential dwellings within the city;

2)

The manufactured home shall have a pitched roof of a slope not less than a nominal three (3′) feet in height for each twelve (12′) feet in width;

3)

Except in a mobile home park, foundations shall be of continuous concrete or continuous concrete footings with masonry blocks installed thereon; skirting shall be of either concrete or masonry blocks and installed on a continuous footing;

4)

The manufactured home shall be situated upon a lot or parcel according to all city and state laws;

5)

The manufactured home shall be multi-sectioned; single-wide manufactured homes are not permitted.

B.

Private greenhouses, horticultural collections, flower and vegetable gardens.

C.

Public and private parks, ball fields and playing fields.

D.

Farm use, when in compliance with all applicable ordinances of the city of Enterprise.

E.

Residential home, provided the structure meets the requirements for this zone relating to single-family dwellings and manufactured homes.

F.

Streets, alleys, and utility facilities necessary to provide utility distribution to the vicinity including, without limiting the foregoing, water, sewer, natural gas, electrical, telephone and cable television distribution facilities.

2.

CONDITIONAL USES PERMITTED. In an R-l zone, the following uses and their accessory uses may be permitted when authorized in accordance with ARTICLE 6 and the criterion contained in this section.

A.

Community building.

B.

Churches.

C.

Schools - public or private.

D.

Home occupations.

E.

Accessory buildings not meeting the standards specified in subparagraph 4D of this section.

F.

Farm use structures.

G.

Golf Courses.

H.

Utility facilities not permitted as an outright use, including, without limiting the foregoing, electrical transmission lines, substations, central telephone switching facilities, central cable television receiving and transmitting facilities, city water wells or water storage facilities, sewage treatment facilities, principal use irrigation, water pipelines or facilities, or natural gas main transmission lines.

3.

CONDITIONAL USE CRITERIA.

A.

Home occupations may be allowed upon a finding by the Commission:

1)

That there will be no alteration in the residential character of the premises herewith;

2)

That the home occupation will not alter the residential character of the neighborhood;

3)

That no articles of merchandise shall be displayed for advertising purposes;

4)

That signs or advertising devices relative thereto shall not exceed six (6′) square feet in area;

5)

That the home occupation will not be objectionable due to noise, dust, smoke, odors, increased traffic, or other similar causes;

6)

That any equipment or materials required in connection with the home occupation shall be stored within an enclosed structure or screened from public view;

7)

That new accessory structures not residential in character, such as a shop or other structure, required in conjunction with the home occupation meet the requirements of subparagraph 4D of this section; and

8)

That a maximum of one employee, other than members of the applicant's family who are related by blood or marriage and resident in the applicant's household, be utilized in said home occupation.

B.

Community buildings, churches and schools, public or private, and farm use structures may be authorized by the Commission in accordance with ARTICLE 6 upon findings that:

1)

The proposed use or structures will not significantly alter the residential character of the neighborhood;

2)

Negative impact due to noise, traffic, or other cause upon the dwellings in the vicinity may be mitigated due to screening, buffering, and building location.

C.

Accessory structures not meeting the standards set forth in subparagraph 4C of this section, relating to accessory uses permitted outright may be permitted upon a finding that:

1)

The accessory use structure complies with subparagraphs 4A through 4C of this section, relating to accessory uses; and

2)

Considering the size of the proposed use or structure, the size of the lot on which it is situated and the nature and proximity of the uses and structures adjacent to the lot or parcel upon which said structure is to be situate, the scale of the building is consistent with maintenance of the residential character of the vicinity.

D.

All other conditional uses permitted in the R-l zone may be authorized by the Commission in accordance with ARTICLE 6 upon findings that:

1)

The proposed use or structure will not significantly alter the residential character of the neighborhood; and

2)

Negative impact due to noise, traffic, or other cause upon dwellings in the vicinity may be mitigated due to screening, buffering, and building location.

E.

All conditional, uses approved pursuant to this subsection shall comply with the minimum lot size, lot width, yard size, off street parking requirements and building height provisions of this zone, unless a waiver is obtained pursuant to the exceptions provisions of this ordinance.

4.

ACCESSORY USES.

A.

Except as provided in subparagraph 7 of this section, no accessory structures shall be located within the minimum front yards, rear yards, or side yards, required by this ordinance.

B.

All accessory use buildings shall be either anchored to a foundation in accordance with the requirements of the State of Oregon building code and, if not on foundations, shall be anchored by alternative means adequate to secure the structure from movement due to winds.

C.

Both the intended use of the accessory use structure and the use normally incident to the type and size of accessory use structure proposed shall be subordinate and incidental to a permitted use of the property.

D.

Accessory use buildings smaller than seven hundred fifty (750′) square feet in an area, lower than eighteen (18′) feet in height and width eaves less than twelve (12′) feet in height, measured from grade, and in the case of building height, to the peak of the roof, are permitted outright provided, however, that one, two (2) and three (3) car garages of customary size are permitted outright even if they exceed seven hundred fifty (750′) square feet in size.

5.

LOT SIZE. Every dwelling hereafter erected shall have a lot area not less than ten thousand (10,000′) square feet per single-family dwelling, except that for all lots not serviced by the city's sewerage system, the lot area shall be at least fifteen thousand (15,000′) square feet and comply with all applicable state sanitation laws and codes.

6.

LOT WIDTH. The minimum lot width at the front building line shall be eighty (80′) feet.

7.

SETBACKS AND REQUIRED YARD AREA.

A.

The dwelling or other primary use structure and all structures accessory thereto, attached to said dwelling or other primary use structure, shall be set back 1) twenty (20′) feet from the front yard line or lines, 2) five (5′) feet from each side yard line, and 3) twenty (20′) feet from the rear yard line.

B.

The Setbacks required by subparagraph A. create the required front yards, side yards and rear yards, as defined in Section 1.030, and in the case of corner lots and through lots, the required front yards and side yards.

C.

Detached accessory buildings or structures, meeting the standards specified in subparagraph 4D of this section, shall be set back from lot lines as specified in subparagraph 7A of this section, except that the setback from the rear yard line may be reduced to five (5′) feet if there will remain one thousand six hundred (1,600′) square feet of rear yard area not covered by buildings or structures.

D.

In the case of irregularly shaped lots, or other circumstances where the required setbacks and yard areas, and the definitions related thereto, are difficult to apply, the Commission may establish minimum yard areas and setbacks consistent with the policy of this ordinance, to-wit; maintenance of uniform minimum setbacks from public streets and lot lines and maintenance of minimum open spaces.

8.

REQUIRED PARKING SPACE. There shall not be less than two (2) off street parking spaces for each living unit.

9.

BUILDING HEIGHT. Height should be limited to two and one-half (2 ½) stories and not to exceed thirty-five (35′) feet above grade.

10.

VIEW CORRIDOR REVIEW. If a proposed building or structure will materially impact the views of the Wallowa Mountains from existing residences in the area, or of a future residence which might be sited on a vacant lot which is suitable for residential use, then the site shall receive view corridor review pursuant to Section 10.350.

11.

DWELLING STANDARDS. All dwelling units shall be installed in accordance with following standards.

A.

Permanent steps of either concrete, masonry or wood construction be installed at all entry ways to the dwelling. Wood steps shall be set on buried concrete footings, and shall include at least a four (4′) foot by six (6′) foot landing in front of the door; the perimeter of the steps shall be enclosed and risers installed between steps;

B.

All dwellings shall either be newly constructed onsite or if a manufactured home or a modular or prefabricated home, shall be new and shall not have been previously occupied as dwelling unit prior to installation at the site; and

C.

Except in mobile home parks, the owner of the dwelling shall be the owner of the real property upon which the dwelling is situate.

1.

USES PERMITTED OUTRIGHT. In an R-2 zone, the following uses and their accessory uses, subject to the limitations and restrictions contained herein, shall be permitted outright:

A.

Single-family dwellings of a permanent character, together with manufactured homes and double-wide and triple-wide mobile homes, provided however, that manufactured homes and double-wide and triple-wide mobile homes, are permitted only in compliance with the following:

1)

The manufactured home or double-wide or triple-wide mobile home shall have exterior siding and roofing which in color, materials and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings with the city;

2)

The manufactured home, or double-wide or triple-wide mobile home shall have a pitched roof of a slope not less than nominal three (3′) feet in height for each twelve (12′) feet in width;

3)

Except in a mobile home park, foundations shall be of continuous concrete or continuous concrete footings with masonry blocks installed thereon; skirting shall be of either concrete or masonry blocks and installed on a continuous footing;

4)

The manufactured home, or double-wide or triple-wide mobile home, shall be situated upon a lot or parcel according to all city and state laws;

5)

A manufactured home shall be multi-sectioned; single-wide manufactured homes are not permitted.

B.

Private greenhouses, horticultural collections, flower and vegetable gardens.

C.

Public and private parks, ball fields and playing fields.

D.

Duplexes or two-family dwellings, and garages accessory thereto, not to exceed space for two (2) cars per dwelling unit.

E.

Farm use, when in compliance with all applicable ordinances of the city.

F.

Residential Home, provided that all new structures meet the requirements for this zone relating to single-family dwellings and manufactured homes.

G.

Streets and alleys and utility facilities necessary to provide utility distribution to the vicinity including, without limiting the foregoing, water, sewer, natural gas, electrical, telephone and cable television distribution facilities.

H.

Office use, if located within the confines of a structure approved for use as a medical clinic under subsection 2.N. of this section.

2.

CONDITIONAL USES PERMITTED. In an R-2 zone, the following uses and their accessory uses may be permitted when authorized in accordance with ARTICLE 6 and the criteria contained in this section:

A.

Community buildings.

B.

Churches.

C.

Home occupations.

D.

Vacation Rentals

E.

Government uses.

F.

Multi-family dwellings, not to exceed four (4) single-family units.

G.

Commercial nurseries or greenhouses.

H.

Accessory structures not meeting the standards specified in subparagraph 4D of this section.

I.

Equipment or truck storage as defined in subparagraph 3E of this section.

J.

Farm use structures.

K.

Residential facilities, not to exceed four (4) living units.

L.

Schools.

M.

Golf Courses.

N.

Utility facilities not permitted as an outright use, including, without limiting the foregoing, electrical transmission lines, substations, central telephone switching facilities, central cable television receiving and transmitting facilities, city water wells or water storage facilities, sewage treatment facilities, principal use irrigation, water pipelines or facilities, or natural gas main transmission lines.

O.

Medical Clinics, if located on a lot or parcel lying adjacent to a hospital. As used herein, a lot is considered adjacent to a hospital if the same is only separated from the hospital by an intervening street or alley.

P.

A Commercial use authorized as an outright use in the C-1 zone if located within the confines of a structure approved for use as a medical clinic under subsection 2.N. of this section, if said use will have no greater impact upon adjacent properties than the medical clinic use previously approved under said subsection 2.N.

3.

CONDITIONAL USE CRITERIA.

A.

Home occupations may be allowed upon a finding by the Commission:

1)

That there will be no alteration in the residential character of the premises therewith;

2)

That home occupation will not alter the residential character of the neighborhood;

3)

That no articles of merchandise shall be displayed for advertising purposes;

4)

That signs or advertising devices relative thereto shall not exceed six (6′) square feet in area;

5)

That the home occupation will not be objectionable due to noise, dust, smoke, odors, increased traffic, or other causes;

6)

That any equipment or materials required in connection with the home occupation shall be stored within an enclosed structure or screened from public view;

7)

That new accessory structures not residential in character, such as a shop or other structure, required in conjunction with the home occupation meet the requirements of subparagraph 4D of this section; and

8)

That a maximum of one employee, other than members of the applicant's family, who are related by blood or marriage and resident in the applicant's household, be utilized in said home occupation.

B.

Accessory structures not meeting the standards set forth in subparagraph 4D of this section, (relating to accessory structures permitted outright) may be permitted upon a finding that:

1)

The accessory use structure complies with subparagraph 4A through 4C of this section relating to accessory uses; and

2)

Considering the size of the proposed use or structure, the size of the lot on which it is situate and the nature and proximity of the uses and structures adjacent to the lot or parcel upon which said structure is to be situate, the scale of the building is consistent with maintenance of the residential character of the vicinity.

C.

Equipment or truck storage in conjunction with the owner's business conducted off premises, (as for example a self employed trucking business) and buildings designed for said storage, may be permitted upon a finding that:

1)

The amount of equipment stored is modest, and in the case of trucks, does not exceed one (1) unit;

2)

With respect to storage buildings, considering the size of the proposed storage building, the size of the lot on which it is situated and the nature and proximity of the uses and structures adjacent to the lot or parcel upon which said building is to be situate, the scale of the building is consistent with maintenance of the residential character of the vicinity; and

3)

With respect to storage of equipment other than within a storage building, that considering the size of the lot, the proximity of the storage to other uses, proposed screening, if any, and other factors, the proposed storage is consistent with maintenance of the residential character of the vicinity.

It shall be a condition of all such permits that storage of equipment outside the confines of enclosed storage buildings be conducted in a neat and clean fashion and that no equipment be stored which is in disrepair, or not in regular current use. It shall further be a condition of any such permit that all parts be stored within the confines of an enclosed building.

D.

All other conditional uses permitted in the R-2 zone may be authorized by the Commission in accordance with ARTICLE 6 upon findings that:

1)

The proposed use or structure will not significantly alter the residential character of the neighborhood; and

2)

Negative impact due to noise, traffic, or other cause upon dwellings in the vicinity may be mitigated due to screening, buffering, and building location.

E.

All conditional uses approved pursuant to this subparagraph shall comply with the minimum lot size, lot width, yard size, off street parking requirements and building height provisions of this zone, unless a waiver is obtained pursuant to the exceptions provisions of this ordinance.

4.

ACCESSORY USES.

A.

Except as provided in subparagraph 7 of this section, no accessory use structures shall be located within the minimum front yards, rear yards, or side yards, required by this ordinance.

B.

All accessory use structures shall be either anchored to a foundation in accordance with the requirements of the State of Oregon building code and if not on foundations, shall be anchored by alternative means adequate to secure the structure from movement due to winds.

C.

Both the intended use of the accessory use structure and the use normally incident to the type and size of the accessory use structure proposed shall be subordinate and incidental to a permitted use of the property.

D.

Accessory use buildings smaller than seven hundred fifty (750′) square feet in area, lower than eighteen (18′) feet in height and with eaves less than twelve (12′) feet in height measured from grade, and in the case of building height, to the peak of the roof, are permitted outright provided, however, that one (1), two (2) and three (3) car garages, of customary size are permitted outright even if they exceed seven hundred fifty (750′) square feet in size.

5.

LOT SIZE. The minimum lot area shall be six thousand six hundred (6,600′) square feet provided that for each family dwelling unit over two (2), the minimum lot area shall be increased one thousand (1,000′) square feet per additional unit. For all lots not serviced by the city′s sewage system, the lot area shall be at least fifteen thousand (15,000′) square feet provided that for each family dwelling unit over two (2), the minimum lot area shall be increased by one thousand (1,000′) square feet per additional unit, and that the lot shall comply with all applicable state sanitation laws and codes.

6.

LOT WIDTH. The minimum lot width at the front building line shall be sixty (60′) feet.

7.

SETBACKS AND REQUIRED YARD AREA.

A.

The dwelling or other primary use structure and all structures accessory thereto, attached to said dwelling or other primary use structure, shall be set back 1) twenty (20′) feet from the front yard line or lines, 2) five (5′) feet from each side yard line, and 3) twenty (20′) feet from the rear yard line.

B.

The setbacks required by subparagraph A of this section, create the required front yards, side yards and rear yards, as defined in Section 1.030, and in the case of corner lots and through lots, the required front yards and side yards.

C.

Detached accessory buildings or structures, meeting the standards specified in subparagraph 4D of this section, shall be setback from lot lines as specified in subparagraph A of this section, except that the setback from the rear yard line may be reduced to five (5′) feet if there will remain one thousand two hundred (1200′) square feet of rear yard area not covered by buildings or structures.

D.

In the case of irregularly shaped lots, or other circumstances where the required setbacks and yard areas, and the definitions related thereto, are difficult to apply, the Commission may establish minimum yard areas and setbacks consistent with the policy of this ordinance, to wit; maintenance of uniform minimum setbacks from public streets and lot lines and maintenance of minimum open spaces.

8.

REQUIRED PARKING SPACE. There shall not be less than one and one-half (1 ½) parking spaces for each living unit.

9.

BUILDING HEIGHT. Height should be limited to two and one-half (2 ½) stories and not to exceed thirty-five (35′) feet above grade.

10.

VIEW CORRIDOR REVIEW. If a proposed building or structure will materially impact the views of the Wallowa Mountains from existing residences in the area, or of a future residence which might be sited on a vacant lot which is suitable for residential use, then the site shall receive view corridor review pursuant to Section 10.350.

11.

SITE PLAN REVIEW. The City may require and use authorized as a conditional use except triple-wide and double-wide mobile homes and accessory structures, receive site plan review pursuant to ARTICLE 10, CHAPTER III of this ordinance prior to issuance of a permit, provided however, that new uses or expansions of existing uses, established in or incident to an existing structure, and involving no new structures and no change in vehicle and pedestrian access, shall not require site plan review.

12.

All dwellings units shall be installed in accordance with the following standards:

A.

Permanent steps of either concrete, masonry or wood construction. Wood steps shall be set on buried concrete footings, and shall include at least a four (4′) foot by six (6′) foot landing in front of the door; the perimeter of the steps shall be enclosed and risers installed between steps; and

B.

Except in mobile home parks, the owner of the dwellings shall be the owner of the real property upon which the dwelling is situate.

(Ord. No. 556, §§ 1, 2, 10-13-2008; Ord. No. 600, § 1, 10-11-2021)

1.

USES PERMITTED OUTRIGHT. In an R-3 zone, the following uses and their accessory uses, subject to the limitations and restrictions contained herein, shall be permitted outright:

A.

Single-family dwellings of a permanent character, together with manufactured homes and double-wide and triple-wide mobile homes, provided however, that manufactured homes and double-wide and triple-wide mobile homes, are permitted only in compliance with the following:

1)

The manufactured home or double-wide or triple-wide mobile home shall have exterior siding and roofing which in color, materials and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the city;

2)

The manufactured home or double-wide or triple-wide mobile home shall have a pitched roof of a slope not less than a nominal three (3′) feet in height for each twelve (12′) feet in width;

3)

Except in a mobile home park, foundations shall be of continuous concrete or continuous concrete footings with masonry blocks installed thereon; skirting shall be of either concrete or masonry blocks and installed on a continuous footing; and

4)

The manufactured home or double-wide or triple-wide mobile home shall be situated upon a lot or parcel according to all city and state laws; and

5)

A double-wide or triple-wide mobile home shall be multi-sectioned; single-wide mobile homes are not permitted. Single sectioned manufactured homes (single-wide manufactured homes) are permitted if installed in accordance with the requirements of this section.

B.

Private greenhouses, horticultural collections, flower and vegetable gardens.

C.

Public and private parks, ball fields and playing fields.

D.

Duplexes or two-family dwellings.

E.

In other than single-family dwellings, garage space for not more than two (2) cars per dwelling unit.

F.

Multi-family dwellings.

G.

Churches.

H.

Farm uses, when in compliance with all applicable ordinances of the city.

I.

Residential homes, provided that all new structures meet the requirements for this zone relating to single-family dwellings and manufactured homes.

J.

Residential facilities.

K.

Streets and alleys and utility facilities necessary to provide utility distribution to the vicinity including, without limiting the foregoing, water, sewer, natural gas, electrical, telephone and cable television distribution facilities.

L.

Single-wide and double-wide mobile homes, within a mobile home park.

2.

CONDITIONAL USES PERMITTED. In an R-3 zone, the following uses and their accessory uses may be permitted when authorized in accordance with ARTICLE 6 and the criterion contained in this section.

A.

Community buildings.

B.

Schools public or private.

C.

Home occupations.

D.

Vacation Rentals

E.

Mobile home park.

F.

Government uses not allowed under subparagraph 1 of this section.

G.

Circuses, fairs and carnivals,

H.

Commercial greenhouses or nurseries.

I.

Accessory structures not meeting the standards specified in subparagraph 4D of this section.

J.

Equipment or truck storage as defined in subparagraph 3E of this section.

K.

Farm use structures.

L.

Residential institutions.

M.

Nursing homes.

N.

Hospitals.

O.

Golf Courses.

P.

Utility facilities not permitted as an outright use, including, without limiting the foregoing, electrical transmission lines, substations, central telephone switching facilities, central cable television receiving and transmitting facilities, city water wells or water storage facilities, sewage treatment facilities, principal use irrigation, water pipelines or facilities, or natural gas main transmission lines.

3.

CONDITIONAL USE CRITERIA.

A.

Home occupations may be allowed upon a finding by the Commission:

1)

That there will be no alteration in the residential character of the premises therewith;

2)

That home occupation will not alter the residential character of the neighborhood;

3)

That no articles of merchandise shall be displayed for advertising purposes;

4)

That signs or advertising devices relative thereto shall not exceed six (6′) square feet in area;

5)

That the home occupation will not be objectionable due to noise, dust, smoke, odors, increased traffic, or other causes;

6)

That any equipment or materials required in connection with the home occupation shall be stored within an enclosed structure or screened from public view;

7)

That new accessory buildings not residential in character, such as a shop or other structure, required in conjunction with the home occupation, meet the requirements of subparagraph 4D of this section; and

8)

That a maximum of one employee, other than members of the applicant's family who are related by blood or marriage and resident in the applicant's household, be utilized in said home occupation.

B.

Accessory buildings not meeting the standards set forth in subparagraph 4D of this section, (relating to accessory uses permitted outright) may be permitted upon a finding that:

1)

The accessory use structure complies with subparagraphs 4A through 4C of this section, relating to accessory uses; and

2)

Considering the size of the proposed use or structure, the size of the lot on which it is situate and the nature and proximity of the uses and structures adjacent to the lot or parcel upon which said structure is to be situate, the scale of the building is consistent with maintenance of the residential character of the vicinity.

C.

Equipment or truck storage in conjunction with the owner's business conducted off premises, (as for example a self employed trucking business) and buildings designed for said storage, may be permitted upon a finding that:

1)

The amount of equipment stored is modest, and in the case of trucks, does not exceed one unit;

2)

With respect to storage buildings, considering the size of the proposed storage building, the size of the lot on which it is situate and the nature and proximity of the uses and structures adjacent to the lot or parcel upon which said building is to be situate, the scale of the building is consistent with maintenance of the residential character of the vicinity; and

3)

With respect to storage of equipment other than within a storage building, that considering the size of the lot, the proximity of the storage to other uses, proposed screening, if any, and other factors, the proposed storage is consistent with maintenance of the residential character of the vicinity.

It shall be a condition of all such permits that storage of equipment outside the confines of enclosed storage buildings be conducted in a neat and clean fashion and that no equipment be stored which is in disrepair, or not in regular current use. It shall further be a condition of any such permit that all parts be stored within the confines of an enclosed building.

D.

All other conditional uses allowed in the R-3 zone may be authorized by the Commission in accordance with ARTICLE 6 upon findings that:

1)

The proposed use or structure will not significantly alter the residential character of the neighborhood; and

2)

Negative impact due to noise, traffic, or other cause upon the dwellings in the vicinity nay be mitigated due to screening, buffering, and building location.

3)

All conditional uses approved pursuant to this subsection shall comply with the minimum lot size, lot width, yard size, off street parking requirements and building height provisions of this zone, unless a waiver is obtained pursuant to the exceptions provisions of this ordinance.

4.

ACCESSORY USES.

A.

Except as provided in subparagraph 7D, no accessory use structures shall be located within the minimum front yards, rear yards, or side yards, required by this ordinance.

B.

All accessory use structures shall be either anchored to a foundation in accordance with the requirements of the State of Oregon building codes and, if not on foundations, shall be anchored by alternative means adequate to secure the structure from movement due to winds.

C.

Both the intended use of the accessory use structure and the use normally incident to the type and size of accessory use structure proposed shall be subordinate and incidental to a permitted use of the property.

D.

Accessory use buildings smaller than seven hundred fifty (750′) square feet in area, lower than eighteen (18′) feet in height and with eaves less than twelve (12′) feet in height measured from grade, and in the case of building height, to the peak of the roof, are permitted outright provided, however, that one (1), two (2) and three (3) car garages, of customary size are permitted outright even if they exceed seven hundred fifty (750′) square feet in size.

5.

LOT SIZE. The minimum lot area shall be six thousand six hundred (6,600′) square feet provided that for each family dwelling unit over two (2), the minimum lot area shall be increased one thousand (1,000′) square feet per additional unit. For all lots not serviced by the city's sewage system, the lot area shall be at least fifteen thousand (15,000′) square feet provided that for each family dwelling unit over two (2), the minimum lot area shall be increased by one thousand (1,000′) square feet per additional unit, and that the lot shall comply with all applicable state sanitation laws and codes.

6.

LOT WIDTH. The minimum width at the front building line shall be sixty (60′) feet.

7.

SETBACKS AND REQUIRED YARD AREA.

A.

The dwelling or other primary use structure and all structures accessory thereto, attached to said dwelling or other primary use structure, shall be set back, 1) five (5′) feet from each side yard line and 2) twenty (20′) feet from the front and rear yard line.

B.

The setbacks required by subparagraph A of this section, create the required front yards, side yards and rear yards, as defined in Section 1.030, and in the case of corner lots and through lots, the required front yards and side yards.

C.

Detached accessory buildings or structures, meeting the standards specified in subparagraph 4D of this section, shall be set back from lot lines as specified in subparagraph A of this section, except that the setback from the rear yard line may be reduced to five (5′) feet if there will remain one thousand two hundred (1,200′) square feet of rear yard area not covered by buildings or structures.

D.

In the case of irregularly shaped lots, or other circumstances where the required setbacks and yard areas, and the definitions related thereto, are difficult to apply, the Commission may establish minimum yard areas and setbacks consistent with the policy of this ordinance, to-with; maintenance of uniform minimum setbacks from public streets and lot lines and maintenance of minimum open spaces.

8.

REQUIRED PARKING SPACE. There shall not be less than one and one-half (1 ½) parking spaces for each living unit.

9.

BUILDING HEIGHT. Height should be limited to two and one-half (2 ½) stories and not to exceed thirty-five (35′) feet above grade, provided however, that if the proposed building or structure will materially impact the views of the Wallowa Mountains from existing residences in the area, or of a future residence which night be sited on a vacant lot which is suitable for residential use, then the site shall receive view corridor review pursuant to Section 10.350.

10.

SITE PLAN REVIEW. The City may require that private greenhouses, duplexes, multi-family dwellings, churches, and all conditional uses allowed in the R-3 zone except accessory structures and farm use structures receive site plan review pursuant to ARTICLE 10, CHAPTER III of this ordinance prior to issuance of a permit, provided, however, that new uses or expansions of existing uses established in, or incident to an existing structure, and involving no new structures and no change in vehicle and pedestrian access, shall not require site plan review.

11.

All dwellings units shall be installed in accordance with the following standards:

A.

Permanent steps of either concrete, masonry or wood construction. Wood steps shall be set on buried concrete footings, and shall include at least a four (4′) foot by six (6′) foot landing in front of the door; the perimeter of the steps shall be enclosed and risers installed between steps; and

B.

Except in mobile home parks, the owner of the dwelling shall be the owner of the real property upon which the dwelling is situated.

(Ord. No. 600, § 2, 10-11-2021; Ord. No. 607, § 1, 4-14-2025)

1.

USES PERMITTED OUTRIGHT. In a CBD zone, the following uses and their accessory uses shall be permitted out-right:

A.

Mini-storage buildings.

B.

Hotels, motels.

C.

Retail or wholesale establishments.

D.

Eating or drinking establishments.

E.

Financial institutions.

F.

Repair and maintenance services.

G.

Business offices.

H.

Personal or business service establishments.

I.

Amusement establishments.

J

Nurseries or greenhouses.

K.

Vacation Rentals, but only on the second or higher stories of a structure, where the first story is devoted to another use permitted in this zone.

L.

Light industry such as, but not limited to, manufacture or assembly of clothing, sporting goods, ceramic products, electronic equipment, or small household items, provided such industry does not emit offensive odors, dust, smoke, gas, noise or other similar properties.

M.

Parking lots.

N.

Fraternal organizations and clubs.

O.

Apartments, but only in the second or higher stories of a structure, where the first story is devoted to another use permitted in this zone.

P.

A residential home, residential facility, or residential institution, if located in the second or higher stories of a structure, where the first story is devoted to another use permitted in this zone, provided it otherwise meets all other requirements of Oregon State law.

Q.

Government uses of a nature similar to the private uses permitted outright in this zone.

R.

Public and private parks, ball fields and playing fields.

S.

Storage buildings and warehouses.

T.

Streets and alleys and utility facilities necessary to provide utility distribution to the vicinity including, without limiting the foregoing, water, sewer, natural gas, electrical, telephone and cable television distribution facilities.

2.

CONDITIONAL USES PERMITTED. In a CBD zone the following uses or accessory uses may be permitted and authorized in accordance with ARTICLE 6 and the criteria contained herein:

A.

Churches.

B.

Schools.

C.

Off premise signs.

D.

Residential uses complying with the criteria in subparagraph 3A of this section.

E.

Government use not permitted outright.

F.

Blacksmith and machine shops.

G.

Utility facilities not permitted as an outright use, including, without limiting the foregoing, electrical transmission lines, substations, central telephone switching facilities, central cable television receiving and transmitting facilities, city water wells or water storage facilities, sewage treatment facilities, principal use irrigation, water pipelines or facilities, or natural gas main transmission lines.

3.

CONDITIONAL USE CRITERIA.

A.

A conditional use providing for an apartment, residence or other type of dwelling unit, other than a single-family dwelling in the first floor or basement may be permitted upon a finding by the Commission that:

1)

The first floor of the building in which the apartment or other dwelling unit is situate is permanently devoted to another use permitted outright or conditionally in the CBD zone; and

2)

The area of the building in which said apartment, or other dwelling unit, is to be situate, owing to street access points or other factors, is not desirable for commercial use and need not be retained for commercial use to implement the Land Use Plan.

B.

Churches and schools may be permitted upon the finding that:

1)

There are no commercial uses in the vicinity which, due to noise, odor, traffic or other factors, would cause material conflict with the proposed conditional use;

2)

The streets serving the conditional use are adequate to serve anticipated traffic and parking needs; and

3)

The proposed conditional use will not be located on a parcel which should be retained for commercial use to implement the Land Use Plan, considering the existing areas utilized for commercial purposes and the availability of unimproved commercially zoned land.

C.

Off premise signs may be permitted upon a finding that:

1)

The sign will not diminish the visibility or noticeability of existing and lawful on premise or off premise signs in the vicinity;

2)

The sign will not detract from or reduce the aesthetic appearance of the area;

3)

There are no residences in the vicinity which will be adversely affected by the off premise sign; and

4)

The sign will not cause a hazard to traffic on streets from which the sign will be visible.

4.

SITE PLAN REVIEW. All uses permitted outright or conditionally in the CBD zone, except off premise signs shall receive site plan review pursuant to ARTICLE 10, CHAPTER III of this ordinance prior to issuance of a permit, provided however, that new uses or expansion of existing uses, established in or incident to an existing structure, and involving no new structures and no change in vehicle and pedestrian access, shall not require site plan review.

5.

LOT SIZE. Minimum lot size shall be the minimum size necessary to accommodate the proposed structure and off street parking and any other requirements imposed pursuant to the provisions governing site plan review.

6.

LOT COVERAGE. Buildings and structures may be permitted to cover one hundred (100%) percent of the lot or parcel.

7.

OFF STREET PARKING. Off street parking shall be provided for apartments, hotels and motels pursuant to Section 4.080 of this ordinance. No off street parking shall be required for other uses permitted outright in this zone.

(Ord. No. 600, § 3, 10-11-2021)

1.

USES PERMITTED OUTRIGHT. In a C-1 zone, the following uses and their accessory uses shall be permitted out-right:

A.

Mini-storage buildings.

B.

Hotels, motels.

C.

Retail or wholesale establishments.

D.

Eating or drinking establishments.

E.

Financial institutions.

F.

Repair and maintenance services.

G.

Business offices.

H.

Personal or business service establishments.

I.

Amusement establishments.

J.

Personal or business service establishments.

K.

Vacation Rentals

L.

Nurseries or greenhouses.

M.

Public and private parks, ball fields, and playing fields.

N.

Light industry such as, but not limited to, manufacture or assembly of clothing, sporting goods, household items, provided such industry does not emit offensive odors, dust, smoke, gas, noise or other similar properties.

O.

Parking lots.

P.

Fraternal organizations and clubs.

Q.

Churches.

R.

Farm uses, when in compliance with all applicable ordinances of the city.

S.

Nursing homes.

T.

Hospitals.

U.

Residential institutions.

V.

Single-wide and double-wide mobile homes, and manufactured homes, within a mobile home park.

W.

Storage buildings and warehouses.

X.

Blacksmith and machine shops.

Y.

Streets and alleys and utility facilities necessary to provide utility distribution to the vicinity including, without limiting the foregoing, water, sewer, natural gas, electrical, telephone and cable television facilities.

Z.

Government uses similar in nature to the uses permitted outright in this zone.

2.

CONDITIONAL USES PERMITTED. In a C-l zone the following uses or accessory uses may be permitted and authorized in accordance with ARTICLE 6 and the criteria contained herein:

A.

Mobile home parks.

B.

Single-family dwellings and manufactured or mobile homes, meeting the standards set forth in Section 3.020, subparagraphs 1A and 12.

C.

Mobile homes, single-wide, double-wide, and triple-wide.

D.

Duplexes.

E.

Multi-family dwellings.

F.

Schools.

G.

Circuses, fairs, and carnivals.

H .

Farm use structures

I.

Government uses.

J.

Residential homes.

K.

Residential facilities.

L.

Golf courses.

M.

Government uses not permitted outright.

N.

Utility facilities not permitted as an outright use, including, without limiting the foregoing, electrical transmission lines, substations, central telephone switching facilities, central cable television receiving and transmitting facilities, city water wells or water storage facilities, sewage treatment facilities, principal use irrigation, water pipelines or facilities, or natural gas main transmission lines.

O.

Hangars.

P.

Off premise signs.

Q.

Any other business or enterprises which, when so determined by the Commission in the manner provided in ARTICLE 6, are declared to be no more obnoxious or detrimental to the public welfare than the businesses or enterprises in this section.

3.

CONDITIONAL USE CRITERIA.

A.

A conditional use providing for a single-family residence or other type of dwelling unit may be permitted upon a finding by the Commission that:

1)

There will be no material conflict between existing or reasonably likely future commercial uses in the vicinity of the proposed dwellings, considering the nature of the uses in the vicinity, the size of the conditional use site, nature of the proposed conditional use, and the siting of dwellings on the conditional use site;

2)

The proposed conditional use will not be located on a parcel which needs to be retained for commercial use to implement the Land Use Plan considering the existing area utilized for commercial purposes and the availability of unimproved commercially zoned land;

3)

With respect to mobile and manufactured homes, the requirements of Section 3.020, subparagraphs 1A and 12 are met; and

4)

With respect to mobile home parks the requirements of Section 6.030 of this ordinance are met.

B.

Schools may be permitted upon the finding that:

1)

There are no commercial uses in the vicinity which, due to noise, odor, traffic or other factors, would cause material conflict with the proposed conditional uses;

2)

The streets serving the conditional use are adequate to serve anticipated traffic and parking needs; and

3)

The proposed conditional use will not be located on a parcel which needs to be retained for commercial use to implement the Land Use Plan considering the existing areas utilized for commercial purposes and the availability of unimproved commercially zoned land.

C.

Off Premise signs may be permitted upon a finding that:

1)

The sign will not diminish the visibility or noticeability of existing and lawful on premise or off premise signs in the vicinity;

2)

The sign will not detract from or reduce the aesthetic appearance of the area;

3)

There are no residences in the vicinity which will be adversely affected by the off premise sign;

4)

The sign will not cause a hazard to traffic on streets from which the sign will be visible.

D.

All other conditional uses in the C-l zone may be permitted upon a finding by the Commission that:

1)

The proposed conditional use will cause no material and negative impact upon existing commercial uses, or reasonably likely future commercial use, in the vicinity of the proposed conditional uses;

2)

The existing commercial uses, or reasonably likely future commercial uses, in the vicinity of the proposed conditional use will cause no material and negative impact upon the proposed conditional use; and

3)

The proposed conditional use will not be located on a parcel which needs to be retained for commercial use to implement the Land Use Plan, considering the existing are utilized for commercial purposes and the availability of unimproved commercially zoned land.

4.

ACCESSORY USE. Uses accessory to residential uses shall be subject to the provisions and standards for such uses as provided for the R-2 zone, Section 3.020, subparagraph 4.

5.

LOT SIZE.

A.

Lot size for all conditional uses providing for a single-family, mobile home or duplex shall be as provided in Section 3.020 for the R-2 zone.

B.

Minimum lot size for all uses other than mobile homes, single-family residences and duplexes shall be the minimum size necessary to accommodate the proposed structure, off street parking and yard requirements.

6.

SETBACKS AND REQUIRED YARD AREA.

A.

The dwelling or other primary use structure and all structures accessory thereto, attached to said dwelling or other primary use structures, shall be set back, 1) twenty (20′) feet from the front yard line or lines, 2) five (5′) feet from each side yard line or lines, and 3) twenty (20′) feet from the rear yard line, provided, however, that for a commercial use located on a lot which abuts upon State Highway 82 or State Highway 3, no yards shall be required within one hundred twenty (120′) feet of the property line adjacent to the highway.

B.

The setbacks required in subparagraph A of this section, create the required front yards, side yards and rear yards, as defined in Section 1.030, and in the case of corner lots the required front yards and side yards.

C.

Detached accessory buildings or structures shall be set back from lot lines as specified in subparagraph A of this section, except that the setback from the rear yard line may be reduced to five (5′) feet if there will remain one (1) thousand two hundred (1,200′) square feet of rear yard area not covered by buildings or structures.

D.

In the case of irregularly shaped lots, or other circumstances where the required setbacks and yard areas, and the definitions related thereto, are difficult to apply, the Commission may establish minimum yard areas and setbacks consistent with the policy of this ordinance, to-wit; maintenance of uniform minimum setbacks from public streets and lot lines and maintenance of minimum open spaces.

7.

WAIVER OF YARD REQUIREMENTS. The Commission may waive yard requirements as specified in this section in whole or part upon the finding that:

A.

There will be no material and detrimental impact upon residences adjacent to said use.

B.

It is in the public interest for the parcel to be developed to a higher density than permitted if the yard requirements are complied with; and

C.

Adequate provisions will be made for pedestrian traffic and off street parking.

The Commission shall not waive any yard requirements if the yard abuts and terminates on property zoned residential.

8.

BUILDING HEIGHT. Height shall be limited to two and one-half (2 ½) stories and not to exceed thirty-five (35) feet above grade.

9.

OFF STREET PARKING. Off street parking shall be provided in Section 4.080 of this ordinance.

10.

SCREENING FOR RESIDENTIAL ZONES. Any new use or structure permitted outright shall, if the same is located adjacent to a residential use located in a residential zone, be screened therefrom, if feasible, by fencing or shrubbery, and said screening may be required as a condition of any permit required under this ordinance.

11.

SITE PLAN REVIEW. All uses permitted outright or conditionally in the C-l zone, except off premise signs, single-family dwellings, mobile homes and farm use structures, shall receive site plan review pursuant to ARTICLE 10, CHAPTER III of this ordinance prior to issuance of a permit, provided however, that new uses or expansions of existing uses, established in or incident to an existing structure, and involving no new structures and no change in vehicle and pedestrian access, shall not require site plan review.

(Ord. No. 600, § 4, 10-11-2021)

1.

USES PERMITTED OUTRIGHT. In a C-2 zone, the following uses and their accessory uses shall be permitted out-right:

A.

Mini-storage buildings.

B.

Hotels, motels.

C.

Retail or wholesale establishments.

D.

Eating or drinking establishments.

E.

Financial institutions.

F.

Repair and maintenance services.

G.

Business offices.

H.

Personal or business service establishments.

I.

Amusement establishments.

J.

Nurseries or greenhouses.

K.

Vacation Rentals

L.

Light industry such as, but not limited to, manufacture or assembly of clothing, sporting goods, ceramic products, electronic equipment, or small household items, provided such industry does not emit offensive odors, dust, smoke, gas, noise or other similar properties.

M.

Parking lots.

N.

Fraternal organizations and clubs.

O.

Storage buildings and warehouses.

P.

Blacksmith and machine shops.

Q.

Mobile home parks, subject to compliance with the provisions of Section 6.030, provided that there are no adjacent commercial or industrial uses which would cause a risk to the health of residents of said mobile home park.

R.

Publicly-owned facilities and services including, without limitation:

1)

Municipal sewage treatment plants;

2)

Municipal shops; and

3)

Asphalt plants.

S.

Any kind of manufacturing, processing, or treatment of products other than those which may be offensive by reason of excessive emission of odor, dust, smoke, gas, noise or other similar causes.

T.

Public and private parks, ball fields, and playing fields.

U.

Farm uses, when in compliance with all applicable ordinances of the city.

V.

Nursing homes.

W.

Hospitals.

X.

Residential institutions.

Y.

Golf courses.

Z.

Hangars.

AA.

Single-wide and double-wide mobile homes, and manufactured homes, within a mobile home park.

BB.

Streets and alleys and utility facilities necessary to provide utility distribution to the vicinity including, without limiting the foregoing, water, sewer, natural gas, electrical, telephone and cable television distribution facilities.

2.

CONDITIONAL USES PERMITTED. In a C-2 zone the following uses or accessory uses may be permitted and authorized in accordance with ARTICLE 6 and the criteria contained herein:

A.

Mobile home parks.

B.

Single-family dwellings and multi-sectioned manufactured or mobile homes meeting the standards set forth in Section 3.020, subparagraphs 1A and 12.

C.

Mobile homes, single-wide, double-wide, and triple-wide.

D.

Duplexes.

E.

Multi-family dwellings.

F.

Schools.

G.

Off premise signs.

H.

Farm use structures.

I.

Residential homes.

J.

Residential facilities.

K.

Hangars.

L.

Golf courses.

M.

Utility facilities not permitted as an outright use, including, without limiting the foregoing, electrical transmission lines, substations, central telephone switching facilities, central cable television receiving and transmitting facilities, city water wells or water storage facilities, sewage treatment facilities, principal use irrigation, water pipelines or facilities, or natural gas main transmission lines.

N.

Any other business or enterprises which, when so determined by the Commission in the manner provided in ARTICLE 6, are declared to be no more obnoxious or detrimental to the public welfare than the businesses or enterprises in this section.

3.

CONDITIONAL USE CRITERIA.

A.

A conditional use providing for a single-family residence or other type of dwelling unit may be permitted upon a finding by the Commission that:

1)

There will be no material conflict between existing or reasonable likely future commercial uses in the vicinity of the proposed dwellings, considering the nature of the uses in the vicinity, the size of the conditional use site, nature of the proposed conditional use, and the siting of dwellings on the conditional use site;

2)

The proposed conditional use will not be located on a parcel which needs to be retained for commercial use to implement the Land Use Plan, considering the existing area utilized for commercial purposes and the availability of unimproved commercially zoned land;

3)

With respect to mobile and manufactured homes, the requirements of Section 3.020, subparagraphs 1A and 12 are met; and

4)

With respect to mobile home parks the requirements of Section 6.030 of this ordinance are met.

B.

Schools may be permitted upon the finding that:

1)

There are no commercial uses in the vicinity which, due to noise, odor, traffic or other factors, would cause material conflict with the proposed conditional uses;

2)

The streets serving the conditional use are adequate to serve anticipated traffic and parking needs; and

3)

The proposed conditional use will not be located on a parcel which needs to be retained for commercial use to implement the Land Use Plan considering the existing areas utilized for commercial purposes and the availability of unimproved commercially zoned land.

C.

Off premise signs may be permitted upon a finding that:

1)

The sign will not diminish the visibility or noticeability of existing and lawful on premises or off premise signs in the vicinity;

2)

The sign will not detract from or reduce the aesthetic appearance of the area;

3)

There are no residences in the vicinity which will be adversely affected by the off premise sign; and

4)

The sign will not cause a hazard to traffic on streets from which the sign will be visible.

D.

All other conditional uses in the C-2 zone may be permitted upon a finding by the Commission that:

1)

The proposed conditional use will cause no material and negative impact upon existing commercial uses or reasonably likely future commercial uses, in the vicinity of the proposed conditional use;

2)

The existing commercial uses, or reasonably likely future commercial uses, in the vicinity of the proposed conditional use will cause no material and negative impact upon the proposed conditional use; and

3)

The proposed conditional use will not be located on a parcel which needs to be retained for commercial use to implement the Land Use Plan, considering the existing area utilized for commercial purposes and the availability of unimproved commercially zoned land.

4.

ACCESSORY USE. Uses accessory to residential uses shall be subject to the provisions and standards for such uses as provided for the R-2 zone, Section 3.020, subparagraph 4.

5.

LOT SIZE.

A.

Lot size for all conditional uses providing for a single-family, mobile home or duplex shall be as provided in Section 3.020 subparagraph 5 for the R-2 zone.

B.

Minimum lot size for all uses other than mobile homes, single-family residences and duplexes shall be the minimum size necessary to accommodate the proposed structure, off street parking and yard requirements.

6.

SETBACKS AND REQUIRED YARD AREA.

A.

The dwelling or other primary use structure and all structures accessory thereto, attached to said dwelling or other primary use structure, shall be set back, 1) twenty (20′) feet from the front yard line or lines, 2) five (5′) feet from each side yard line, and 3) twenty (20′) feet from the rear yard line, provided, however, that for a commercial use located on a lot which abuts upon State Highway 82 or State Highway 3, no yards shall be required within one hundred twenty (120′) feet of the property line adjacent to the highway.

B.

The setbacks required by subparagraph A of this section, create the required front yards, side yards and rear yards, as defined in Section 1.030, and in the case of corner lots, the required front yard and side yards.

C.

Detached accessory buildings or structures shall be set back from lot lines as specified in subparagraph A of this section, except that the setback from the rear yard line may be reduced to five (5′) feet if there will remain one thousand two hundred (1,200′) square feet of rear yard area not covered by buildings or structures.

D.

In the case of irregularly shaped lots or other circumstances where the required setbacks and yard areas, and the definitions related thereto, are difficult to apply, the Commission may establish minimum yard areas and setbacks consistent with the policy of this ordinance, to-wit; maintenance of uniform minimum setbacks from public streets and lot lines and maintenance of minimum open spaces.

7.

WAIVER OF YARD REQUIREMENTS. The Commission may waive yard requirements as specified in this section in whole or part upon the finding that:

A.

There will be no material and detrimental impact upon residences adjacent to said use;

B.

It is in the public interest for the parcel to be developed to a higher density than permitted if the yard requirements are complied with; and

C.

Adequate provisions will be made for pedestrian traffic and off street parking.

The Commission shall not waive any yard requirements if the yard abuts and terminates on property zoned residential.

8.

BUILDING HEIGHT. Height shall be limited to two and one-half (2 ½) stories and not to exceed thirty-five (35′) feet above grade.

9.

OFF STREET PARKING. Off street parking shall be provided in Section 4.080 of this ordinance.

10.

SCREENING FOR RESIDENTIAL ZONES. Any new use or structure permitted outright shall, if the same is located adjacent to a residential use located in a residential zone, be screened therefrom, if feasible, by fencing or shrubbery, and said screening may be required as a condition of any permit required under this ordinance.

11.

SITE PLAN REVIEW. All uses permitted outright or conditionally in the C-2 zone, except off premise signs, single-family dwellings, mobile homes and farm use structures shall receive site plan review pursuant to ARTICLE 10, CHAPTER III of this ordinance prior to issuance of a permit, provided however, that new uses or expansion of existing uses, established in or incident to an existing structure, and involving no new structures and no change in vehicle and pedestrian access, shall not require site plan review.

(Ord. No. 600, § 5, 10-11-2021)

1.

CLEAR ZONE. No buildings or structures, except fences, shall be permitted in the airport clear zone as indicated in the zoning map.

2.

USES PERMITTED OUTRIGHT. In the A-l zone, the following uses and their accessory uses shall be permitted outright:

A.

Airports.

B.

Farm uses and farm use structures.

C.

Streets and alleys and utility facilities necessary to provide utility distribution to the vicinity including, without limiting the foregoing, water, sewer, natural gas, electrical, telephone and cable television distribution facilities.

D.

Public and private parks, ball fields and playing fields.

3.

CONDITIONAL USES PERMITTED. In an A-l zone the following uses and their accessory uses may be permitted and authorized in accordance with the criteria contained herein and in accordance with ARTICLE 6:

A.

Single-family dwellings and multi-sectioned manufactured or mobile homes meeting the standards set forth in Section 3.020, subparagraphs lA and 12.

B.

Hangars.

C.

Airport commercial facilities.

D.

Government uses not permitted outright in this zone, including water storage reservoir and well facilities.

E.

Cemeteries.

F.

Golf courses.

G.

Residential homes,

H.

Utility facilities not permitted as an outright use, including, without limiting the foregoing, electrical transmission lines, substations, central telephone switching facilities, central cable television receiving and transmitting facilities, city water wells or water storage facilities, sewage treatment facilities, principal use irrigation, water pipelines or facilities, or natural gas main transmission lines.

4.

CONDITIONAL USE CRITERIA. Conditional uses may he permitted by the Commission upon a finding that:

A.

The proposed use or structure would not constitute a hazard to airport traffic;

B.

The proposed use would not create or increase potential of airplanes striking birds;

C.

The proposed use or structure would not impair the visibility of aircraft utilizing the airport;

D.

The proposed use or structure would not create the potential for glare in eyes of pilots utilizing the airport;

E.

The proposed use or structure would not create a potential for electrical interference of navigation signals or radio communication between aircraft and the airport;

F.

Lights in connection with the proposed use or structure would not create difficulty for pilots utilizing the airport in distinguishing airport lights from other sources;

G.

The proposed use or structure does not have the potential to attract a large concentration of people and;

H.

The proposed use or structure would be consistent with and not in violation of applicable Federal Aviation Agency regulations.

5.

LOT SIZE.

A.

Single-family dwellings within the A-1 zone shall conform in all respects to the lot size, lot width, height and yard requirements, and other provisions relating to single-family dwellings and accessory uses in the R-l zone.

B.

All other uses permitted in the A-l zone shall conform with the lot size, yard and height requirements of the C-1 zone.

6.

HEIGHT AND OTHER LIMITATIONS.

A.

Before any new structure or use can be established or before an existing use or structure may be substantially changed, substantially altered or repaired, a zoning permit must be obtained to determine whether the use or structure would constitute an airport hazard. No permit shall be granted creating an airport hazard nor shall a permit issue for a use or structure which would be in violation of Federal Aviation agency regulations. Before issuing a permit, the city may limit the height of the structure, use, or tree, or may otherwise limit or condition the proposed use or structure to reasonably assure that the provisions of this ordinance and ORS 492.530 are fulfilled.

B.

If a proposed building or structure will materially impact the views of the Wallowa Mountains from existing residences in the area, or of a future residence which might be sited on a vacant lot which is suitable for residential use, then the site shall receive view corridor review pursuant to Section 10.350.

7.

SETBACK. Uses allowed in subparagraphs 2 and 3 of this section shall have a minimum setback of one hundred fifty (150′) feet from the runway center line.

8.

CLEAR ZONE. There is hereby adopted that map, on file with the City Recorder entitled 'Map Designating Airport Clear Zone' and the area indicated as a clear zone and said map be, and the same hereby is, designated as the airport clear zone. No structures shall be permitted within the boundaries of the airport clear zone.

9.

AIRPORT OVERLAY MAP. No building shall be permitted which protrudes into the approach zone established by the Airport Overlay Map.

1.

USES PERMITTED OUTRIGHT. In a C-V zone the following uses and their accessory uses shall be permitted outright:

A.

Office buildings.

B.

Hotels, motels, and convention centers.

C.

Eating or drinking establishments which would benefit from a view location but excluding therefrom drive-in restaurants or other fast food franchises.

D.

Farm uses.

E.

Streets, alleys and utility facilities necessary to provide utility distribution to the vicinity including, without limiting the foregoing, water, sewer, natural gas, electrical, telephone and cable television distribution facilities.

F.

Public and private parks, ball fields and playing fields.

2.

CONDITIONAL USES PERMITTED. In a C-V zone the following uses or accessory uses may be permitted and authorized in accordance with Article 6 and the criteria contained herein.

A.

Multi-family dwellings.

B.

Residential facilities.

C.

Residential institutions.

D.

Any use which the Commission finds to be benefitted by a view location, which is open to the public and which would be compatible with the uses permitted outright in subparagraph 1 of this section.

E.

Utility facilities not permitted as an outright use, including, without limiting the foregoing, electrical transmission lines, substations, central telephone switching facilities, central cable television receiving and transmitting facilities, city water wells or water storage facilities, sewage treatment facilities, principal use irrigation, water pipelines or facilities, or natural gas main transmission lines.

F.

Golf courses.

3.

CONDITIONAL USE CRITERIA: Conditional uses in the C-V zone may be permitted upon a finding by the Commission that:

A.

The proposed conditional use will cause no material and no negative impact upon existing commercial uses, or reasonably likely future commercial uses, in the vicinity of the proposed conditional use;

B.

The existing commercial uses, or reasonably likely future commercial uses, in the vicinity or the proposed conditional use will cause no material and negative impact upon the proposed conditional use;

C.

The use will benefit from a view location, be compatible with the uses permitted outright by subparagraph 1 of this section, and be consistent with the purpose of the C-V zone;

D.

In the case of a commercial use, it is of a type where the public is invited on premise and is afforded an opportunity to enjoy and see scenic views of the Wallowa Mountains;

E.

The proposed conditional use will not be located on a parcel which needs to be retained for commercial use to implement the Land Use Plan considering the existing area utilized for commercial purposes and the availability of unimproved commercially zoned land.

4.

ACCESSORY USE. Uses accessory to residential uses shall be subject to the provisions and standards for such uses as provided for in the R-3 zone, Section 3.030, subparagraph 4 of this section.

5.

LOT SIZE.

A.

Lot size for a multi-family dwelling conditional use shall be six thousand six hundred (6,600′) square feet, together with one thousand (1,000′) square feet for each dwelling unit over two (2).

B.

Minimum lot size for all uses other than multi-family dwelling shall be the minimum size necessary to accommodate the proposed structure, off street parking and yard requirements.

6.

SETBACKS AND REQUIRED YARD AREA.

A.

The dwelling or other primary use structures and all structures accessory thereto, attached to said dwelling or other primary use structure, shall be set back, 1) twenty (20′) feet from the front yard line or lines, 2) five (5′) feet from each side yard line, and 3) twenty (20′) feet from the rear yard line.

B.

The setbacks required by subparagraph A of this section create the required front yards and rear yards, as defined in Section 1.030, and in the case of corner lots, the required front yards and side yards.

C.

Detached accessory buildings or structures shall be set back from lot lines as specified in subparagraph A of this section, except that the setback form the rear yard may be reduced to five (5′) feet if there will remain one thousand two hundred (1,200′) square feet of rear yard area not covered by buildings or structures.

D.

In the case of irregularly shaped lots, or other circumstances where the required setbacks and yard areas, and the definitions related thereto, are difficult to apply, the Commission may establish minimum yard areas and setbacks consistent with the policy of this ordinance, to-wit; maintenance of uniform minimum setbacks from public streets and lot lines and maintenance of minimum open spaces.

7.

WAIVER OF YARD REQUIREMENTS. The Commission may waive yard requirements as specified in this section in whole or part upon the finding that:

A.

There will be no material and detrimental impact upon residents adjacent to said use;

B.

It is in the public interest for the parcel to be developed to a higher density than permitted if the yard requirements are complied with; and

C.

Adequate provisions will be made for pedestrian traffic and off street parking.

The Commission shall not waive any yard requirements if the yard abuts and terminates on a property that is zoned residential.

8.

BUILDING HEIGHT. Heights shall not exceed two and one-half (2 ½) stories or thirty-five (35′) feet above grade without special approval of the Commission, pursuant to the site plan review, to a level of less than two and one-half (2 ½) stories or thirty-five (35′) feet above grade.

9.

OFF STREET PARKING. Off street parking shall be provided for in Section 4.080 of this ordinance.

10.

SCREENING FOR RESIDENTIAL ZONES. Any new zone use or structure permitted outright shall, if the same is located adjacent to a residential use located in a residential zone, be screened therefrom, if feasible, by fencing or shrubbery, and said screening may be required as a condition of any permit required under this section

11.

SITE PLAN AND DESIGN REVIEW.

A.

No permit shall be issued for any use permitted outright or conditionally in the city CV zone until such time as the Commission has conducted a site plan review, pursuant to Article 10 CHAPTER III and completed design review pursuant to this subsection.

B.

The applicant shall submit building plans sufficiently specific as such that the location, dimension, including height, architectural style and specific floor plan is provided for all buildings to be constructed, together with a specific design information with respect to all associated information with respect to all associated facilities. Such plans shall also include specifics as to the following: 1) the location and dimensions of all internal roadways intended for vehicular access, 2) the location and layout, including specific dimensions of all proposed external vehicular parking areas, 3) a proposed external lighting plan, 4) the location and dimensions of all pedestrian sidewalks and walkways, 5) the location and nature of any proposed landscaping plan, 6) a grading plan for all excavations and fills proposed injunction with the project, 7) information concerning the location and specifications for all utility facilities to be provided, and 8) any plans or provisions for storm drainage systems.

C.

All development plans for the view commercial zone shall include provisions for paved or concrete parking lots, access roads and pedestrian walkways or sidewalks, together with provisions for underground utility facilities including electric, power, telephone and television cable facilities. The Commission may impose such conditions as to improvement specifications, as for example parking bunkers or guardrails, as it deems necessary and appropriate.

D.

The Commission shall review the plans submitted to assure that, 1) the proposed uses take maximum advantage to assure view amenities provided by the site, 2) that the esthetics of the development are consistent with the overall high quality development of the area, 3) that negative impacts upon adjacent properties, including impacts upon views, are minimized, and 4) that the overall development plan, including internal access road location and utility plans, are consistent with optimum future development of the area for the purposes contemplated by the Land Use Plan for the area. As part of said review, the Commission shall review building height and location to assure that a development has a minimum impact upon the view of the Wallowa Mountains from both residential and commercial properties in the vicinity.

E.

The Commission may deny an application if the criteria set forth in subparagraph 11D of this section, above are not met. The Commission may order alteration in the proposed plans, or may impose conditions, including alterations of any nature in the proposed plans or designation of buffer areas or screening, in order to minimize the impact upon adjacent properties, accomplish the objectives of this ordinance, or secure compliance with the criteria set forth in subparagraph D above.

F.

Site plan and design review shall not be conducted, based upon general conceptual site plans. Review shall be conducted after the applicant has prepared detailed development plans sufficient in design detail to allow review under the criteria contained in this section. After approval of site plans, no material changes in development plans, so approved shall be made without the concurrence of the Commission.

G.

The Commission shall hold a public hearing after such notice as is required by this ordinance, prior to making a decision as to a combined site plan and design review under this subparagraph.

1.

USES PERMITTED OUTRIGHT. In an H-l zone, the following uses and their accessory uses shall be permitted out-right:

A.

Hospitals.

B.

Nursing homes.

C.

Residential institutions and residential facilities.

D.

Public and private parks, ball fields and playing fields.

E.

Streets, alleys and utility facilities necessary to provide utility distribution to the vicinity including, without limiting the foregoing, water, sewer, natural gas, electrical, telephone and cable television distribution facilities.

2.

CONDITIONAL USES PERMITTED. In an H-l zone the following uses or accessory uses may be permitted and authorized in accordance with ARTICLE 6 and the criteria contained herein:

A.

Apartments or other residential facilities for the use of medical staff in a hospital or medical care facilities.

B.

Churches.

C.

Utility facilities not permitted as an outright use, including, without limiting the foregoing, electrical transmission lines, substations, central telephone switching facilities, central cable television receiving and transmitting facilities, city water wells or water storage facilities, sewage treatment facilities, principal use irrigation, water pipelines or facilities or natural gas main transmission lines.

3.

SITE PLAN REVIEW. All uses permitted outright or conditionally in the H-1 zone, signs shall receive site plan review pursuant to ARTICLE 10, CHAPTER III of this ordinance prior to issuance of a permit, provided, however, that new uses or expansions of existing uses established in or incident to an existing structure, and involving no new structures and no change in vehicle and pedestrian access, shall not require site plan review.

4.

LOT SIZE. Minimum lot size shall be the minimum size necessary to accommodate the proposed structure and off street parking, and any other requirements imposed pursuant to the provisions governing site plan review.

5.

LOT COVERAGE. Buildings and structures may be permitted to cover one hundred (100%) percent of the lot or parcel.

6.

OFF STREET PARKING. Off street parking should be provided in accordance with Section 4.080, unless the requirements are waived by the Commission.

7.

REVERSION TO R-2 ZONING. In the event uses for the purposes authorized in this zone, in the area designated as H-l on the zone map, cease for a period of one (1) year, then thereafter the area shall be zoned and designated as R-2 and uses authorized and development standards shall be governed by the provisions of Section 3.020.