This article includes miscellaneous provisions for special uses or exceptions that are not addressed elsewhere in the Code. The following list summarizes topics covered in this article:

   ∙   Accessory Dwelling Units

   ∙   Accessory Structures

   ∙   Bed & Breakfast Inn

   ∙   Fences

   ∙   General Exceptions

   ∙   Home Occupations

   ∙   Manufactured Homes on Lots

   ∙   NonconformingDevelopment

   ∙   Solid Waste & Recycling Storage

   ∙   Wireless Communication Facilities

   ∙   Residential Density Incentives

   These headings can assist the user in locating information. The table of contents contains a complete list of the material included in this article.

(Ord. 2009-01, passed 3-9-2009)

   The purpose of this subarticle is to allow for establishment of an accessory dwelling unit in conjunction with a single-family dwelling in any zone that allows residential uses. An accessory dwelling unit may be permitted as a means to provide more affordable housing opportunities for young families and the elderly; encourage additional density at minimal cost and disruption to surrounding neighborhoods; allow individuals and smaller households to retain large houses as residences; and allow more energy efficient use of large, older homes.

(Ord. 2009-01, passed 3-9-2009)

   An applicatapplication ion for an accessory dwelling unit shall be reviewed by the Director under the Type I procedure.

(Ord. 2009-01, passed 3-9-2009)

   One accessory dwelling unit may be allowed in conjunction with a single-family dwelling by conversion of an existing space, by means of an addition , or as an accessory structure - including a manufactured home - on the same lot with an existing dwelling , subject to the following standards and limitations:

   A.   Manufactured home ADUs are not allowed in historic districts;

   B.   Any addition shall not increase the gross floor area of the original dwelling by more than 10%;

   C.   The gross floor area of the accessory dwelling unit shall not exceed 720 square feet. However, accessory dwellings that result from the conversion of a level or floor (e.g., basement, attic, or second story) of the primary dwelling may occupy the entire level or floor, even if the floor area of the accessory dwelling would exceed 720 square feet;

   D.   ADUs may not be constructed from portable metal structures that require no assembly, such as shipping containers; and

   E.   The accessory dwelling unit shall comply with applicable fire and life safety codes.

(Ord. 2009-01, passed 3-9-2009; Ord. 2019-05, passed 6-24-2019)

   Residential accessory structures shall comply with all requirements for the principal dwelling , except where specifically modified by this Code, and shall comply with the following limitations:

   A.   Accessory structures are limited to a maximum ground floor area of 720 square feet;

   B.   Accessory structures shall not be located in any required frontyard ;

   C.   Accessory structures shall not be located closer than five feet to any side or rear property line;

   D.   Attached accessory structures which are open on three or more sides such as a patio cover shall not be located closer than five feet to the rear property line and shall comply with the required side and frontsetbacks for the principal building ;

   E.   Detached accessory structures shall not be located within six feet of the principal building or other accessory building on the same lot ;

   F.   Any accessory structure attached to the principal building , excepting those that are open on three or more sides, must comply with all setbacks for the principal building (attached means wall-to-wall or any permanent roof attachment such as a breezeway); and

   G.   Portable metal structures that require no assembly, such as shipping containers, are prohibited in residential zones beyond 60 days; and

   H.   No accessory structure shall encroach upon or interfere with the use of adjoining property or public right-of-way, including but not limited to streets , alleys and public and/or private easements .

(Ord. 2009-01, passed 3-9-2009; Ord. 2013-3, passed 5-22-2013; Ord. 2023-03, passed 5-22-2023)

   This subarticle is intended to:

   A.   Enable homeowners to open their homes to the traveling public and provide guest rooms and breakfast in a home-like atmosphere;

   B.   Diversify accommodations available in Forest Grove to promote tourism in the city ;

   C.   Provide owners of historic homes an opportunity to take economic advantage of the character of their properties and encourage maintenance and preservation; and

   D.   Preserve the residential use and character of the Bed and Breakfast Inn and avoid negative impacts on neighboring properties.

(Ord. 2009-01, passed 3-9-2009)

   A bed and breakfast inn limited to five guest rooms is permitted with Type I review in the single-family zones and the RML, RMH and Neighborhood Commercial zones. A bed and breakfast inn with six to ten guest rooms is permitted with Type II review in the RMH zone. A bed and breakfast inn is permitted outright in all other zones that allow motel/hotel uses.

(Ord. 2009-01, passed 3-9-2009; Ord. 2019-05, passed 6-24-2019)

   A.   The bed and breakfast inn shall be owner/operator occupied and limited to the number of guest rooms specified above.

   B.   The bed and breakfast inn shall provide breakfast to overnight guests of the establishment only.

   C.   The bed and breakfast inn shall provide one off-streetparking space for each two guest rooms in addition to the one off-streetparking space required for the permanent residents.

   D.   A reduction in the off-street parking requirements may be permitted with Type III conditional use review if the applicant shows that:

      1.   There is adequate and safe off-street parking available to the guests within 300 feet of the bed and breakfast inn ; or

      2.   In the case of a property listed on the Forest Grove Inventory of Historic and Cultural Resources, there is adequate on-street parking available to the guest which will not adversely affect neighboring property owners; and

      3.   Provision of the required off-street parking would not be detrimental to the historic or cultural value of the site .

(Ord. 2009-01, passed 3-9-2009; Ord. 2019-05, passed 6-24-2019)

   The following standards apply to fences , walls and screens in all residential zones and for residential uses in all other zones:

   A.   Frontyard . Fences within the required front  yard  setback area are limited to a height of three and one-half feet;

   B.   Side and rearyards . Fences within the side and rear  yards are limited to a height of six feet. The fence may be placed on the property line but shall be reduced to a height of three and one half feet in the required front  yard . Rear yard fences for residential properties abutting State Highway 47 may be up to ten feet in height;;

   C.   Corner lots . On corner lots , which by definition have two front  yards , may have a fence up to six feet in height in the front  yard adjacent to the street that does not contain the dwelling ’s primary entrance when one of the following conditions is met:

      1.   If the street is improved with curbs and gutters, with or without sidewalks, the fence is located a minimum of ten feet from the face of the curb; or

      2.   If the adjoining street is unimproved, the fence is no closer than three feet from the property line.

   D.   Separation from utilities. Fences shall be installed at least three feet from a utility pedestal or electrical transformer; and

   E.   Clear vision area . All fences shall comply with the clear vision area requirements for streets and driveways (see § 17.8.150).

(Ord. 2009-01, passed 3-9-2009; Ord. 2022-03, passed 8-8-2022)

   The following standards apply to fences , walls and screens for non-residential uses in all other zones:

   A.   Side and rearyards . Fences within side and rear  yards are limited to a height of eight feet. The fence may be placed on the property line;

   B.   Separation from utilities. Fences shall be installed at least three feet from a utility pedestal or electrical transformer;

   C.   Clear vision area . All fences shall comply with the clear vision area requirements for streets and driveways (see § 17.8.150); and

   D.   Frontyards . Through Site  Development Review or Design Review for new industrial or commercial uses, the Director or Design Review Commission may establish conditions relating to fence heights in front  yards and along the streets and sidewalks.

(Ord. 2009-01, passed 3-9-2009)

   A.   Exceptions to lot size and dimension requirements for residential use . If an existing lot in single ownership at the time of adoption of this Code does not meet minimum lot area or dimension requirements of the applicable residential zone, the lot may be occupied by a residential use permitted outright in the respective zone. If there is an area deficiency, the residential use shall be limited to a single-family residence.

   B.   Exceptions to yard requirements. The following exceptions to the front  yard requirement for a single-unit dwelling or duplex in a residential zone are allowed without the need for an adjustment:

      1.   If there are dwellings on both abutting lots with frontyards less than the required depth for the zone, the frontyard for the new dwelling need not exceed the average frontyard of the abutting dwellings ; and

      2.   If there is a dwelling on one abutting lot with a frontyard less than the required depth for the zone; the frontyard for the new dwelling need not exceed a depth one-half way between the depth of the structure on the abutting lot and the required frontyard depth.

   The Director may require a greater frontyard depth than specified in the Code when the lot abuts a street that is designated for widening by the city .

   C.   Projections into required yards . The following structures may project into required yards :

      1.   Unroofed paved terraces and wood decks less than three feet in height may project into required side or rearyards ;

      2.   Unroofed landings and stairs may project into required front or rearyards ;

      3.   Window sills, belt courses, cornices, eaves, canopies, sunshades, gutters, leaders and similar incidental architectural features – excluding balconies and decks more than three feet from ground level – may project not more than two feet into any required yard ;

      4.   Chimneys shall not project more than two feet into any required yard ;

      5.   No projections may encroach into or over any utility easement .

(Ord. 2009-01, passed 3-9-2009; Ord. 2022-01, passed 5-9-2022)

   It is the purpose of this subarticle is to:

   A.   Support the needs or desires of residents to use their homes to engage in small-scale business ventures or activities.

   B.   Recognize that many types of occupations can be performed at home as accessory and incidental to the primary residential use of a property with little or no effects on the surrounding neighborhood.

   C.   Establish standards and provisions by which home occupations operate.

   D.   Ensure that home occupations are conducted as lawful uses subordinate to the residential use of the property and do not alter the residential character and livability of the neighborhood, infringe upon the right of neighboring residents to the peaceful enjoyment of their neighborhood and homes, or otherwise be detrimental or disruptive in terms of appearance or operation to neighboring properties, residents, or the community at large.

(Ord. 2023-03, passed 5-22-2023)

   The provisions of this subarticle apply to all home occupations as defined § 17.12.210 of this code unless exempt.

      1.   The noncommercial on-premises sale of used household goods by a person who resides on the premises (a yard or garage sale) so long as the sales are conducted on no more than six days in any 12-month period.

      2.   Child care facilities for up to 16 children or adult day care for up to 12 adults, pursuant to O.R.S. 657A.440 and O.R.S. 657A.250;

      3.   Residential homes or adult foster homes providing residential treatment or training for up to five adults who are not related to the provider by blood or marriage under O.R.S. 443.705(1), pursuant to O.R.S. 197.665.

      4.   For-profit production of produce or other vegetative agricultural products grown on the premises. This may include the temporary or seasonal sale of produce or other food products grown on premises by a person who resides on the premises or their immediate families.

      1.   Motor vehicle sales, rental, servicing, repair, or painting.

      2.   Waste related, junk and salvage operations.

      3.   Storage and/or sale of fireworks.

      4.   Cannabis related uses .

      5.   Any use not conducted within a wholly enclosed building .

      6.   Any use that consists of the manufacturing, processing, generation, or storage of materials that constitute a fire, explosion, or health hazard as defined by the Building Code, Fire Code, or both.

      7.   Any other use with characteristics consistent with home occupations but non-compliant with the standards and provisions of this chapter.

(Ord. 2023-03, passed 5-22-2023)

   E.   Alterations and classification of dwelling. A home occupation shall not alter the residential character of the dwelling . The dwelling unit shall not be altered in a manner that changes its primary residential appearance or use . A home occupation may not necessitate a change in the state building code use classification as a dwelling unit. Any accessory building used for a home occupation shall meet building code requirements.

(Ord. 2023-03, passed 5-22-2023)

   A.   Home occupations shall be owned and operated by a principal occupant of the dwelling unit residing on premises. The home occupation may employ no more than two on-site employees who are not a resident of the dwelling unit. Off-site employees are permitted.

   B.   The home occupation must be operated wholly within the primary dwelling or accessory structure . Exterior storage of materials or products is prohibited. Indoor storage of material or products shall not exceed the limitations imposed by the Building, Fire, Health and Housing Codes.

   C.   All business operations shall comply with the city noise ordinance and shall not generate any vibration, smoke, dust, odors, heat or glare detectable at or beyond the property line.

   D.   There shall be no exterior storage of vehicles of any kind used for the business except that one commercially licensed vehicle, which is not larger than a one-ton gross vehicle weight pick-up, passenger van, or other vehicle of similar size, may be parked outside on the subject property in connection with the home occupation provided such parking complies with all parking restrictions.

   E.   The home occupation location shall not be used as a headquarters or meeting location for the assembly of off-site employees or subcontractors for any reason, including staging or dispatch of off-site employees or subcontractors to other locations. Off-site employees and subcontractors may not store or park their motor vehicles at the home occupation location.

   F.   Any product produced on-site for sale must be hand manufactured or grown using only hand tools or domestic mechanical equipment. Such domestic mechanical equipment shall not exceed horsepower or other measurements of power, which would typically be used by a residential homeowner.

   G.   One sign , not exceeding six square feet in area, non-illuminated and professionally prepared, may be permitted.

   H.   No more than ten customer or client visits per day are permitted. Customers and clients are prohibited from visiting the business between the hours of 10:00 p.m. and 7:00 a.m.

   I.   Excluding regular U.S. Postal Service delivery, no more than one pick-up or delivery related to the home occupation is permitted per day.

(Ord. 2023-03, passed 5-22-2023)

   Unless specifically listed as exempt, no home occupation shall be established or operated without obtaining city approval. An application for a home occupation permit shall be processed according to the Type 1 procedure, using the applicable provisions and standards of this subarticle as approval criteria. The Director shall approve or approve with conditions a home occupation permit when all of the applicable general provisions in §§ 17.7.065 and 17.7.070 are met. The Director may impose conditions on the approval of a home occupation permit to ensure compliance with §§ 17.7.065 and 17.7.070.

(Ord. 2023-03, passed 5-22-2023)

   An application for a home occupation permit shall be submitted by a principal resident of the subject property, or their authorized agent, on forms provided by the city . An application for a home occupation permit may be filed prior to or in conjunction with an application for a city business license. The home occupation permit shall be accompanied by the information required by the application form. At a minimum, a home occupation permit application shall include the following:

   A.   Signatures of the applicant or the applicant's representative and the property owner or the property owner’s representative;

   B.   A detailed description of the business; and

   C.   Other information as the city determines necessary to demonstrate compliance with this chapter.

(Ord. 2023-03, passed 5-22-2023)

   A home occupation permit is site -specific to the property and applicant designated on the application form. The permit is invalidated if an applicant moves from the residence.

(Ord. 2023-03, passed 5-22-2023)

      1.   The Director may revoke a home occupation permit at any time for the following reasons:

         a.   A violation of any provision or standard of this code;

         b.   A violation of any term or condition of the permit;

         c.   Failure to pay the city Business License fee in a timely manner.

      4.   The Director may discontinue the revocation proceeding if the basis for revocation is corrected.

(Ord. 2023-03, passed 5-22-2023)

   The fee for a home occupation permit described above shall be set by City Council by resolution.

(Ord. 2023-03, passed 5-22-2023)

   The provisions regulating manufactured homes located outside of manufactured home park s are adopted for the following purposes:

   A.   To accommodate manufactured homes as permitted uses in all residential zones;

   B.   To assist in providing opportunities for low and moderately priced single-family housing;

   C.   To provide standards to ensure a high-quality environment; and

   D.   To provide standards to protect the character of existing neighborhoods.

(Ord. 2009-01, passed 3-9-2009; Ord. 2023-03, passed 5-22-2023)

   A manufactured home may be located on an individual lot outside of a manufactured home park provided:

   A.   It complies with the Building Design and Development Standards of § 17.8.710.F;

   B.   It is placed on an excavated and back-filled foundation that is enclosed at the perimeter such that the manufactured home is not more than 12 inches above grade ;

   C.   It is certified by the manufacturer to have an exterior thermal envelope meeting performance standards which reduce levels to the performance standards required of single-family dwellings constructed under the State Building Code ;

   D.   It is not sited adjacent to any structure designated as a Historic Landmark .

(Ord. 2009-01, passed 3-9-2009; Ord. 2023-03, passed 5-22-2023)

   Within the zoning districts established by this Code, development that was lawful at the time it was established, but would be prohibited under the terms of this Code or future amendments may exist. As used in this section, NONCONFORMING DEVELOPMENT  includes nonconforming  structures and nonconforming  uses .

   A.   A nonconforming  structure is a structure that does not fully comply with the Code because of setbacks , building height , off-street parking or with some other standard of the zone. A use shall be deemed to be discontinued or abandoned upon the occurrence of the first date of any of the following events:

      1.   When the structure and/or premises are vacated;

      2.   The use ceases to be actively involved in the sale of merchandise or the provision of services;

      3.   Termination of any lease or contract under which the non-conforminguse has occupied the premises; or

      4.   A request for final reading of water and power meters is made to the City Support Services Department.

   B.   A nonconforminguse is a use that is not permitted outright or has not received conditional approval in the zone, but was lawfully established prior to it becoming nonconforming.

   The purposes of this subarticle are:

   A.   To permit nonconformingdevelopment do continue, but not to encourage its perpetuation; and

   B.   To ultimately bring nonconformingdevelopment into compliance with this Code and the Comprehensive Plan .

(Ord. 2009-01, passed 3-9-2009; Ord. 2019-05, passed 6-24-2019; Ord. 2023-03, passed 5-22-2023)

   The nonconformingdevelopment regulations apply only to those nonconforming situations that were allowed when established or which were approved through a land use review. Additionally, they must have been maintained over time. These situations have legal nonconforming status. Nonconforming situations that were not allowed when established or have not been maintained over time have no legal right to continue and must be removed.

(Ord. 2009-01, passed 3-9-2009; Ord. 2023-03, passed 5-22-2023)

(Ord. 2009-01, passed 3-9-2009; Ord. 2019-05, passed 6-24-2019; Ord. 2023-03, passed 5-22-2023)

   A.   A nonconforming  use shall not be expanded or moved to occupy a different or greater area of land, buildings or structures than it occupied at the time it became nonconforming .

   B.   Alteration of a nonconforming  use shall not increase the nonconforming nature of the use or otherwise create increased impacts on surrounding properties.

   C.   No building , structure or land area devoted to a nonconforming  use shall be enlarged, extended, moved or structurally altered unless such development conforms to the provisions of this Code.

   D.   Nothing in this section shall be construed to prohibit normal repair, maintenance and nonstructural alterations to such development , nor the alteration, strengthening or restoration to safe condition as may be required by law.

(Ord. 2009-01, passed 3-9-2009; Ord. 2023-03, passed 5-22-2023)

   Where the use of a structure is permitted by the zoning district but the structure is nonconforming , an alteration, expansion, enlargement, extension, reconstruction or relocation may be approved through a Type II process if the following criteria are met:

   A.   The proposed change, evaluated separately from the existing structure , would be in compliance with this Code;

   B.   The area of improvement is not within a vision clearance area as determined by the City Engineer ; and

   C.   The change does not increase the nonconforming nature of the structure , or otherwise create increased impacts on surrounding properties.

(Ord. 2009-01, passed 3-9-2009; Ord. 2023-03, passed 5-22-2023)

   The following exceptions to the nonconformingdevelopment regulations are allowed by this Code:

   A.   Existing single-familydwellings , duplexes and manufactured homes within an existing mobile home park in all commercial and industrial zones may be reconstructed or replaced within one year after being removed or destroyed.

   B.   Existing single-familydwellings in the Community Commercial Zone shall be allowed to enlarge or expand despite their nonconforming status. They may also be relocated within the Community Commercial Zone , but only to replace an existing single-family home, provided that the result is a net reduction of nonconforming  uses .

   C.   Existing multi-familydwellings in all residential and commercial zones may be reconstructed within one year if destroyed by any cause not intended by the owner.

   D.   Existing nonresidential structures in the Town Center zone districts may be reconstructed to the same height of the existing within one year.

(Ord. 2009-01, passed 3-9-2009; Ord. 2017-12, passed 11-27-2017; Ord. 2019-05, passed 6-24-2019; Ord. 2023-03, passed 5-22-2023)

   The purpose of this subarticle is to ensure that certain new construction incorporates functional and adequate space for on-site storage and efficient collection of solid waste and recycling prior to pick up and removal by haulers. These standards shall apply to new multi-family residential buildings containing three or more units and non-residential construction.

(Ord. 2009-01, passed 3-9-2009; Ord. 2023-03, passed 5-22-2023)

   The applicant shall indicate the size and location of the storage area for solid waste and recycling on the site plan required for sitedevelopment review or design review.

      1.   Multi-family residential building with three to ten units: 50 square feet.

      2.   More than ten units: 50 square feet plus five square feet for each unit above ten.

      3.   Office: four square feet/1,000 square feet of gross floor area (GFA).

      4.   Retail: ten square feet/1,000 square feet of GFA.

      5.   Wholesale/warehouse/manufacturing: six square feet/1,000 square feet of GFA.

      6.   Educational/institutional: four square feet/1,000 square feet of GFA.

      7.   Other: four square feet/1,000 square feet of GFA.

      1.   To encourage its use, the storage area for recycling shall be co-located with the storage area for solid waste.

      2.   Indoor and outdoor storage areas shall comply with Building and Fire Code requirements.

      3.   Storage area space requirements can be satisfied with a single location or multiple locations, and combine both interior and exterior locations.

      4.   Exterior storage areas can be located within interior yard or rear yard areas. Exterior storage areas shall not be located within a required front yard setback or in a yard adjacent to a public or private street .

      5.   Exterior storage areas shall be located in central and visible locations on a site to enhance security for users.

      6.   Exterior storage areas can be located in a parking area, if the proposed use provides at least the minimum number of parking spaces required by this Code.

      7.   The storage area shall be accessible for collection vehicles and located so that the storage area will not obstruct pedestrian or vehicle traffic movement on the site or on public streets adjacent to the site .

      1.   The dimensions of the storage area shall accommodate containers consistent with current methods of local collection.

      2.   Storage containers shall meet Fire Code standards and be made and covered with waterproof materials or situated in a covered area.

      3.   A sight-obscuring fence , wall or hedge at least six feet in height shall enclose exterior storage areas. Gate openings, which allow access to users and haulers, shall be provided. Gate openings for haulers shall be a minimum of ten feet wide and shall be capable of being secured in a closed and open position.

      4.   Storage area(s) and containers shall be clearly labeled to indicate the type of material accepted.

      1.   Access to storage areas can be limited for security reasons. However, the storage area shall be accessible to users at convenient times of the day, and to collection service personnel on the day and approximate time they are scheduled to provide collection service.

      2.   Storage areas shall be designed to be easily accessible to collection trucks and equipment, considering paving, grade and vehicle access. A minimum of ten feet horizontal clearance and eight feet of vertical clearance is required if the storage area is covered.

      3.   Storage areas shall be accessible to collection vehicles without requiring backing out of a driveway onto a public street . If only a single access point is available to the storage area, adequate turning radius shall be provided to allow collection vehicles to safely exit the site in a forward motion.

(Ord. 2009-01, passed 3-9-2009; Ord. 2023-03, passed 5-22-2023)

   This subarticle provides siting standards and review criteria for wireless communications facilities locating within the City of Forest Grove or within the Urban Growth Boundary. The siting standards and review criteria are intended to:

   A.   Regulate the placement, appearance and number of wireless communication facilities;

   B.   Ensure that the citizens of Forest Grove have access to a variety of wireless telecommunications systems and providers;

   C.   Reduce the visual impact of certain wireless telecommunications facilities by encouraging colocation;

   D.   Establish a graduated system of review that will expedite facilities placement in preferred location; and

   E.   Implement the applicable provisions of the Federal Telecommunications Act of 1996.

(Ord. 2009-01, passed 3-9-2009; Ord. 2023-03, passed 5-22-2023)

   The following uses and activities are exempt from these regulations:

   A.   Existing towers and antennas , and any repair or maintenance of these facilities which does not create a significant change in visual impact;

   B.   Ham radio towers, citizen band transmitters and antennas ;

   C.   Microwave dishes;

   D.   Antennas and associated equipment and other apparatus located completely within an existing structure ; and

   E.   Federal, state and local government facilities used for emergency communications.

(Ord. 2009-01, passed 3-9-2009; Ord. 2023-03, passed 5-22-2023)

   Table 7-1 describes the type of wireless communication facility and review procedure by zone. The placement, construction and/or modification of wireless communication facilities are subject to review and approval as indicated below. The two options for review are a Type I administrative decision or a Type III conditional use permit . NP indicates that the type of antenna or support structure is not permitted in that zone at that height.

TABLE 7-1: WIRELESS FACILITY TYPES AND REVIEW PROCEDURES

 

 

 

 

(Ord. 2009-01, passed 3-9-2009; Ord. 2013-3, passed 5-22-2013; Ord. 2016-3, passed 3-28-2016; Ord. 2023-03, passed 5-22-2023)

      1.   The application shall require approval of a conditional use permit .

      2.   Prior to the Planning Commission hearing for the conditional use permit , the Historic Landmarks Board shall review the application and make a recommendation, with any conditions, to the Planning Commission.

      3.   The recommendation of the Historic Landmarks Board shall be included in the staff report and shall become a part of the official record.

(Ord. 2009-01, passed 3-9-2009; Ord. 2023-03, passed 5-22-2023)

   Applications for siting wireless communication facilities shall be accompanied by the following information as determined necessary by the Director at the pre-application conference:

   A.   Existing structures analysis. An evaluation of the feasibility of either locating the facility on an existing building or structure , or co-locating the subject facility with other facilities on an existing monopole as an alternative to the requested permit . The existing structures analysis must include:

      1.   The location and ownership of existing telecommunications structures within the cell service area (not to exceed two miles);

      2.   Written verification and other documentation revealing the availability of existing sites /facilities/structures and/or cooperation shown by other providers to gain access to existing sites /facilities/structures which will meet the needs of the applicant ;

      3.   The tower type and height of potential co-location facilities and/or the height of other potential support structures ; and

      4.   Where appropriate, the specific reasons why co-location is not feasible.

(Ord. 2009-01, passed 3-9-2009; Ord. 2023-03, passed 5-22-2023)

   The following review criteria shall be used to approve, approve with conditions or deny applications for wireless communication facilities:

      1.   Setbacks . The tower footprint shall be set back at least two-thirds the tower height from any property line. This setback may be reduced when the applicant demonstrates all of the following as appropriate.

         a.   The shape or configuration of the parcel prevents compliance with the setback standard or that a reduction in setbacks is necessary to take advantage of screening opportunities (such as tall trees, tree groves, buildings or other tall elements) not available within the required setback .

         b.   The reduction in setback is the minimum required to best camouflage the facility.

         c.   Adequate clearance between the facility and the property lines can be provided to accommodate landscaping and fencing .

         d.   The reduction in setback will not cause a greater visual impact to adjacent uses.

(Ord. 2009-01, passed 3-9-2009; Ord. 2023-03, passed 5-22-2023)

   The residential density incentive is intended to allow significantly higher densities within the Town Center, while ensuring that livability is preserved and sustainability is encouraged. Projects which receive density incentives are expected to exceed the city’s design standards. The bonus density in the CC zoning district is intended to allow higher densities for projects that will provide affordable housing.

(Ord. 2009-01, passed 3-9-2009; Ord. 2016-3, passed 3-28-2016; Ord. 2018-5, passed 9-10-2018; Ord. 2023-03, passed 5-22-2023)

   For proposed mixed use and multi-family residential developments within the Town Center, the Planning Commission may consider the request for a density incentive as part of Design Review at the applicant’s request. The affordable housing density bonus available in the CC zoning district will be awarded if the development complies with the provisions of Table 7-2 Tier 2.

(Ord. 2009-01, passed 3-9-2009; Ord. 2016-3, passed 3-28-2016; Ord. 2018-5, passed 9-10-2018; Ord. 2023-03, passed 5-22-2023)

   Available density incentives are described in Table 7-2. However, in no case shall the total density on a site in the Town Center exceed 100 units per net acre. In addition, the city may limit the total number and/or type of density incentives for which the property may qualify based on the following.

   A.   Availability of adequate public facilities and services, including public water, sanitary sewer, storm drainage, police and fire protections.

   B.   Traffic impacts. Applicants may be required to provide a traffic impact analysis, prepared by a licensed traffic engineer, which includes appropriate mitigation measures.

   C.   Compatibility with adjacent single-family residential zoning districts .

 

 

 

 

 

 

 

 

 

(Ord. 2009-01, passed 3-9-2009; Ord. 2016-3, passed 3-28-2016; Ord. 2018-5, passed 9-10-2018; Ord. 2019-05, passed 6-24-2019; Ord. 2023-03, passed 5-22-2023)