Except for residential uses within the confines of a commercial building, all residential uses within the C-l and C-2 zones shall comply with the lot size, setback and other density provisions of the R-2 zone. In said zones, commercial structures and buildings otherwise permitted in said zone, are permitted on the same lot as a detached dwelling only in compliance with the setback and other density restrictions applicable to commercial uses in said zone.

A home occupation or commercial use may be established in a single-family dwelling, situate within the CBD, C-l or C-2 zones, where the residential use is to continue, without compliance with standards for home occupations, in the R-l, R-2, or R-3 zones.

An accessory use shall comply with the requirements for a principal use except as this ordinance specifically allows to the contrary.

Property within all zones must be maintained in such a manner as to not be unsightly, not be a fire hazard, or tend not to decrease the value of adjoining property, and shall comply with such other provisions as expressed in other city ordinances.

1.

An on premise sign is permitted only as an accessory use of the property on which the sign is located. Off premise signs are a principal use and are authorized only when permitted pursuant to the zone regulations of ARTICLE 3.

2.

In no instance shall a sign be allowed which would, as a result of flashing, illumination or movement, create a public nuisance when visible from a street or adjacent property. No off premise sign shall exceed one hundred (100′) square feet in area. No sign shall be sited in such a fashion as to obstruct views of pedestrian or motor vehicle traffic.

3.

The following restrictions are applicable to on premise signs:

A.

On premise signs advertising or pertaining to, a business use on premise, when situate within the CBD, C-l or C-2 zones are permitted, but shall not exceed one hundred (100′) feet in area and shall be placed so as to conform to the State of Oregon building code.

B.

One name plate or sign, not exceeding six (6) square feet in area is permitted on property used as a residence; this limitation shall apply to signs advertising an authorized home occupation in the R-l, R-2 or R-3 zones.

4.

New on premise signs advertising or pertaining to a business use shall be reviewed pursuant to the provisions of ARTICLE 5 relating to expansion or alteration of nonconforming structures.

5.

The following additional temporary signs are permitted:

A.

A temporary real estate sales sign not exceeding six (6′) square feet in area.

B.

One temporary sign per tract or subdivision advertising the sale of the tract or lots and not exceeding thirty-two (32′) square feet in area.

C.

A temporary political sign, not exceeding six (6′) square feet in area, purporting to advertise a candidate or issue for a period not to exceed sixty (60) days prior to the date of an election. Said sign must be removed not later than ten (10) days after the date of the election. Persons that fail to comply are subject to the penalties as provided in Section 12.020 of this ordinance.

6.

Public information signs not advertising a particular business or service may be authorized as a conditional use in all zones.

Fences shall comply with the following:

1.

The maximum height is six (6) feet above the ground in the front, side and rear yard areas.

2.

No fence may materially obstruct visibility at street intersections. In addition to the foregoing height restrictions, further limitations as to height, location or design may be imposed or necessary to avoid restriction of visibility at intersections.

(Ord. No. 606, § 1, 4-14-2025)

The construction of any use pursuant to ARTICLE 3 of this ordinance shall conform to all applicable state and local fire regulations and fire zones.

1.

Unless a lesser number of spaces is established pursuant to the provisions of subparagraph 2 of this section, newly erected structures shall provide off street parking as follows:

A.

Hotels, motels, One (1) space per guest room;

B.

Retail or wholesale establishments, financial institutions, and office use; One (1) space per four hundred (400′) square feet of floor area;

C.

Places of assembly including fraternal organizations and churches; One (1) space per thirty-five (35′) square feet of floor area;

D.

Industrial uses, One (1) space per employee;

E.

Institutional uses, including hospitals, for patients or residents in nursing homes and rest homes; One (1) space per two (2) beds for patients or residents;

F.

Eating or drinking establishments; One (1) space per four (4) seats;

G.

Apartments, One and one-half (1 ½) spaces per unit;

H.

Other commercial uses not listed above; As established by the Commission pursuant to the criteria in subparagraph 2 of this section.

2.

When square feet are specified, the area measured shall be the gross floor area of the building but shall exclude any space within a building devoted to off street parking or loading. When a number of employees is specified, persons counted shall be those working on the premises, including proprietors, during the largest shift at peak season. Fractional space requirements shall be counted as whole space.

3.

The Commission may establish a lesser number of required off street parking spaces if it is determined that a lesser number of spaces, when added to available on street parking spaces, of a type in the public interest, to meet the demand created by the proposed use. The Commission, in making such determination, may consider:

A.

The likely demand for parking spaces to be created by the use and expectable hours of such demands;

B.

The present and expectable future availability of on street parking spaces in the immediate area;

C.

Impact, if any, upon adjacent uses and traffic flow which might be caused by reliance upon on street parking; and

D.

Any other relevant factors.

4.

If parking space has been provided to an existing use, or is added to an existing use parking spaces shall not be eliminated if a lesser number of parking spaces than required by this ordinance would result.

5.

In the event no standards for off street parking are provided in subparagraph 1 of this section, for a new commercial use or structure, required off street parking spaces shall be established by the Commission, pursuant to the standards in subparagraph 1 above, prior to issuance of a zoning permit.

1.

SPECIAL USE PERMIT. The Commission may permit certain historical or architecturally significant buildings to be used for purposes not otherwise authorized in the zone in which they are located. Such conditional uses shall be granted to preserve historical or architecturally significant buildings where preservation is not possible or practicable under existing zoning. To be eligible, the building or structure must meet at least one (1) of the following criteria:

A.

Be designated in the National Register of Historic Places as published by the U.S. Department of the Interior.

B.

Be designated as such in the Land Use Plan.

C.

Be certified as historically or architecturally significant by any other source which is specifically recognized by the Council.

2.

DEMOLITION PERMIT. Prior to demolition or redevelopment of a structure designated as a historic site in the Land Use Plan, a demolition permit shall first be obtained from the Commission. Prior to obtaining such permit, a public hearing shall first be held and the Commission may withhold issuance for a period of time not to exceed ninety (90) days from the date of hearing to allow any interested person an opportunity to arrange for purchase and preservation of said historic site.

3.

PUBLIC BUILDINGS.

A.

Prior to the alteration, renovation or remodeling of the interior or exterior of any building, designated as historic site and owned by a state, federal, local government, municipal corporation or any instrumentality thereof, a permit shall be obtained from the Commission and a public hearing shall be held prior to issuance of said permit.

B.

The Commission shall grant the permit specified in subparagraph A above, if the proposed alteration, remodeling or renovation is consistent with the architecture of said historic site to the maximum extent feasible after consideration of need for modernization of the building, alternative ways to achieve the same with less impact upon the architectural integrity of the building or site, and the relative costs thereof. The Commission may impose such conditions and restrictions as deemed necessary and appropriate to assure compliance with the standards contained herein.

Any structure or part thereof constructed, reconstructed or structurally altered shall be subject to the State of Oregon building code, as adopted by the State of Oregon, or in effect for the City of Enterprise, Wallowa County, Oregon.

1.

Prior to issuance of any permit for any industrial or commercial use, proof shall be provided to the city that said use will comply with all state and federal statutes and regulations relating to:

A.

Discharge of dust, smoke, gas or other similar matter into the air.

B.

Discharge of effluents or other matters into the surface or ground waters.

C.

Discharge or emission of odors or smells.

D.

Emission of noise.

E.

Storage of chemical waste products or other substances hazardous to the environment.

2.

The City may impose conditions upon the issuance of any permit for a commercial or industrial use to eliminate or reduce impacts upon the environment from the causes specified in subparagraph 1 above and may deny a permit if there are significant and unavoidable impacts upon the environment from such causes.

3.

The City may require submission of such evidence and information concerning the proposed use as is necessary to make determinations required under this section and the city may further hold such public hearings before the Commission and Council regarding such determinations as are deemed necessary and proper.

1.

All structures shall be subject to the building height restrictions contained in ARTICLE 3 of this ordinance except as specified in subparagraph 2 below. In addition thereto, no structure shall protrude into the imaginary surfaces specified in the Airport Overlay Map.

2.

Vertical projections such as chimneys, spire, domes, elevator shaft housings, towers, serials, flag poles, and similar objects not used for human occupancy, are not subject to the building height limitations of ARTICLE 3 of this ordinance, except as otherwise noted, provided, however, such objects and structures shall be subject to the additional height restrictions imposed by the Airport Overlay Map pursuant to subparagraph 1 above.

Prior to the issuance of a zoning permit, conditional use permit or other permit required by this ordinance, a survey of one or more lot lines may be required, prior to issuance of said permit, if, in the judgment of the city officer or body responsible for issuance or denial of the permit, there is a material question as to whether the structure, at the location proposed in the application, will either, 1) be located entirely on the applicant's property, or 2) comply with the required setback standards.

Architectural features such as cornices, eaves, canopies, sunshades, gutters, chimneys, and flues shall not project into a required yard.

On corner lots, no driveway or other vehicular access point to a public street shall be installed within twenty (20′) feet of the corner of said lot at the intersection of the public street. For purposes of this provision an alley is not considered a public street.

The Commission may permit a use not listed in this ordinance for a particular zone, provided the use is of the same general type as the uses permitted in that zone by this ordinance. However, this section does not authorize the inclusion of a use in a particular zone if that use is restricted to another zone, or if said use is of the same general type as a use restricted to another zone.

There is hereby established a riparian corridor adjacent to the portions of Prarie Creek, Trout Creek, and the Wallowa River within the City of Enterprise Urban Growth Boundary. The riparian corridor shall extend twenty (20′) feet on either side of the waterway beyond the ordinary high water mark. The following rules apply within the riparian corridor, in all zones:

1.

No buildings or structures, except fencing and yard and landscaping improvements are permitted.

2.

No decks, patios, driveways or parking areas or other impervious surfaces are permitted, excepting, however, that streets and alleys are permitted in the riparian corridor.

3.

Either natural riparian vegetation or domestic plantings such as grasses, shrubs and trees, shall be maintained in the riparian corridor.

The following rules apply to the storage, parking, installation and occupancy of recreational vehicles:

1.

The installation of a recreational vehicle for use as a dwelling unit is not permitted except, a) within a mobile home park, and b) for the temporary period authorized by subparagraph 3 and 4 herein.

2.

No more than two (2) recreational vehicles may be stored on a lot or parcel, without a permit from the City Recorder. Each such recreational vehicle must be operable (i.e., mobile and usable as a temporary dwelling unit) and licensed. The storage of unlicensed or inoperable recreational vehicles is not permitted. Storage of a recreational vehicle owned by a person other than the owner of the lot or parcel on which it is stored, is permitted for a maximum period of fourteen (14) days.

3.

Except within a mobile home park and except as provided in subparagraph 4, the occupancy of a recreation vehicle for a period in excess of fourteen (14) days is not permitted. Without limiting the foregoing, the term 'occupancy' includes a) use of a recreational vehicle as a guest house for use of guests of the lot or parcel owner, b) use of a recreational vehicle as additional sleeping quarters for use by a member of the lot or parcel owner's family or guest thereof, and c) the occupancy by any person of a recreational vehicle owned by a guest and situate on a lot or parcel by permission of the lot or parcel owner.

4.

The City Recorder or the Commission, in the event the City Recorder refers the matter to it, may issue a temporary permit or successive permits of a maximum duration of six (6) months, to allow occupancy of a recreational vehicle as a dwelling, during periods when construction or reconstruction of a permanent dwelling is occurring. It shall be a condition of such permit that, 1) construction be ongoing and that substantial progress thereon is occurring, and 2) that appropriate provisions for water and sewer disposal be made. Other conditions necessary to implement the provisions of this ordinance may be imposed upon such permit.

5.

No sewage or gray water from a recreational vehicle shall be discharged except to an approved subsurface sewage system or to the city sewer system, pursuant to a connection thereto as approved by the City.

6.

A new temporary fourteen (14) day period for occupancy, storage or installation of a recreational vehicle, will be allowed only after a two (2) week period of nonoccupancy or non-storage has intervened, after the cessation of the prior period of occupancy, installation or storage.

7.

As used herein, 'lot owner' means the person entitled to possession of the lot or parcel in question and includes a tenant or lessee.

Silver or metallic color metal roofing is not permitted. Metal roofs shall be colored with a non- reflective coating.

1.

No use, structure, or activity or improvement incident thereto, shall be permitted on property under, adjacent or near the approaches to the Enterprise Municipal Airport if:

A.

The proposed use would create or materially increase potential of airplanes striking birds;

B.

The proposed use or structure would impair the visibility of aircraft utilizing such airport;

C.

The proposed use or structure would create the potential for glare in eyes of pilots utilizing the airport;

D.

The proposed use or structure would create a potential for electrical interference of navigation signals or radio communication between aircraft and the airport;

E.

Lights in connection with the proposed use or structure would create difficulty for pilots utilizing the airport in distinguishing airport lights from other sources; and/or

F.

The proposed use or structure would be in violation of applicable Federal Aviation Agency regulations.

2.

Any use or structure, or activity or improvement in connection therewith, which creates a reasonable risk of violating the standards in subparagraph 1 shall require a special permit under this section even if a Zoning Permit is not required under this ordinance. Such special permit shall be applied for, reviewed and issued pursuant to the procedures and provisions relating to issuance of Zoning Permits.