This article describes general development and improvement standards that apply to development authorized by this Code. In the event the standards of this article conflict with the provisions of the base zoning district , the standards of this article shall prevail.

   The following list summarizes the topics covered in Article 8:

   ∙   Access & Circulation

   ∙   Clear Vision Area

   ∙   Open Space , Recreation Facilities and Common Areas

   ∙   Hazard and Resources

   ∙   Landscaping, Screening and Buffering

   ∙   Off-Street Parking and Loading

   ∙   Public Improvements

   ∙   Building Design and Development Standards

   ∙   Lighting Standards

   ∙   Signs

   ∙   Other Development Review Standards

   ∙   Land Division Standards

   ∙   Covenants, Conditions And Requirements

   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)

   Unless modified by the provisions of this Code, the following standards and requirements as they may be amended are adopted by reference and shall be complied with, as applicable, as part of the development standards set forth in this article:

   A.   City of Forest Grove standards and specifications for public improvements;

   B.   Washington County “Uniform Road Improvement Design Standards” as may be applied by the Forest Grove Public Works Department;

   C.   Clean Water Services “Design and Construction Standards for Sanitary Sewer and Surface Water Management;” and

   D.   Regionally Significant Fish and Wildlife Habitat Inventory Map dated at the time of adoption of this section or as amended in the future.

   Nothing in this section limits or reduces compliance with the provisions of § 17.1.125.

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

   The purpose of this subarticle is to establish standards and regulations for safe and efficient vehicle access and egress on a site and for general circulation within the site , including pedestrian circulation.

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

   A.   When provisions apply. The provisions of this article shall apply to all development , including the construction of new structures , and the remodeling or new structures or a change of use which increases the on-site parking or loading requirements or which changes the access requirements.

   B.   When site plan /design review is not required. Where the provisions of site plan review or design review do not apply to the proposed developments , the Director shall approve, approve with conditions, or deny an access plan submitted under the provisions of this article in conjunction with another permit or land use action.

   C.   Conflict with land division requirements. The requirements and standards of this article shall not apply where they conflict with the land division rules and standards of Article 6.

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

   A.   Continuing obligation of property owner. The provision and maintenance of access and egress stipulated in this section are continuing requirements for the use of any structure or parcel of real property in the city .

   B.   Access plan requirements. No building or other permit shall be issued until a scaled site plan is submitted that shows how access , egress and circulation requirements are to be fulfilled. The Director shall provide the applicant with information about the submittal requirements for an access plan.

   C.   Joint access . Owners of two or more uses, structures or parcels of land may agree to jointly use the same access and egress when the combined access and egress of both uses, structures or parcels of land satisfies their requirements as designated in this article, provided:

      1.   Satisfactory legal evidence shall be presented in the form of deeds , easements , leases or contracts to establish the joint use; and

      2.   Copies of the deeds , easements , leases or contracts are placed on permanent file with the city .

   D.   Public streetaccess . All vehicular access and egress shall connect directly with a public or private street approved by the city for public use , except where joint access is provided through adjacent or other property which is connected to a street . Vehicular access to a residential use shall be provided within the same lot for single-family and two-family dwellings , and within the same lot or development for multi-family  dwellings . Access to multi-family units shall avoid being located through single-family residential areas before being connected to a collector or arterial as designated by the city ’s Transportation Plan.

   E.   Transit agency referral. The city shall submit all development proposals located along the Pacific Avenue/19th Avenue transit corridor to Tri-Met and along existing and proposed collectors and arterials in the Westside Planning Area to Ride Connection/GroveLink for review and comment regarding facilities necessary to support transit. The following facilities may be required as a condition of a permit:

      1.   Walkways to transit stops;

      2.   Bus stop shelters or waiting areas; and

      3.   Turnouts for buses.

   F.   Where hard surfaces are stipulated by these requirements, pervious surfaces are encouraged to be used. Where improvements are within the public rights-of-way, such surfaces can be used upon approval by the City Engineer .

   G.   Landscaped areas should include water quality features such as bio-swales or wetlands , trees , grass, shrubs and other plant material when possible so as to cover landscape areas.

(Ord. 2009-01, passed 3-9-2009; Ord. 2017-07, passed 8-14-2017)

   A.   Required walkways. On-site  pedestrian walkways are required as follows:

      1.   Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps or elevators of all commercial, institutional and industrial uses, to the public sidewalk or curb of the public street or streets which provide the required access and egress . Walkways shall provide convenient connections between buildings in multi-building commercial, institutional and industrial complexes . Walkways shall be constructed between a new development and neighboring developments . If connections aren’t currently available, then planned connections shall be designed to provide an opportunity to connect adjoining developments .

      2.   The maximum distance between a parking space and a walkway shall not exceed 45 feet. All walkways constructed within parking lots shall be raised to standard sidewalk height. All surface treatment of walkways shall be firm, stable and slip resistant.

      3.   Required walkways shall be paved with hard-surfaced materials such as concrete, asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as needed for safety purposes. Lighting and or signs may be required for walkways for safety purposes.

      4.   Whenever required walkways cross vehicle accessdriveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum six-inch vertical separation (curbed) or a minimum three-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks and signposts, and shall be in compliance with ADA standards.

      5.   Where required for pedestrian access , interior landscape areas in combination with pedestrian walkways between rows of parking shall be at least ten feet in width to accommodate walkways, shrubbery and trees 20 to 30 feet on-center. This ten-foot width may be reduced between tree areas depending on the characteristics of the vegetation . Angled or perpendicular parking spaces shall provide bumper stops or widened curbs to prevent bumper overhang into interior landscaped areas or walkways.

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

   A.   Direct access to arterial streets from a residential dwelling established after the effective date of this Code is prohibited. The city may permit direct access to an arterial for lots of subdivisions approved prior to the effective date of this Code, and for multi-family residential complexes if the access is designed to local residential street standards.

   B.   Single-family dwellings and duplexes shall be required to have one driveway , fully improved with hard surface pavement, with a minimum width of ten feet.

   C.   Residential access drives and service drives for multi-familydwellings shall be fully improved with hard surface pavement with a minimum width of:

      1.   Sixteen feet when accommodating one-way traffic; or

      2.   Twenty-four feet when accommodating two-way traffic.

   In no case shall the design of said service drive or drives require or facilitate the backward movement or other maneuvering of a vehicle within a street .

   D.   Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code.

   E.   Dead-end access drives in excess of 150 feet shall be provided with approved provisions for the turning around of fire apparatus by one of the following:

      1.   A circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet;

      2.   A hammerhead, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet; or

      3.   The maximum cross slope of a required turnaround is 5%.

   F.   Driveway grades shall not exceed a maximum of 20%.

(Ord. 2009-01, passed 3-9-2009; Ord. 2020-05, passed 11-9-2020; Ord. 2023-03, passed 5-22-2023)

   A.   Service drives for non-residential uses shall be fully improved with hard surface pavement with a minimum width of:

      1.   Fifteen feet when accommodating one-way traffic; or

      2.   Twenty-four feet when accommodating two-way traffic.

   B.   All non-residential uses shall be served by one or more service drives as determined necessary to provide convenient and safe access to the property. In no case shall the design of said service drive or drives require or facilitate the backward movement or other maneuvering of a vehicle within a street , other than an alley .

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

   A.   Minimum driveway widths at the street right-of-way line shall be 15 feet for institutional, commercial, industrial and multi-family residential projects with at least five units, and ten feet for single-unit detached and townhomes, duplex , triplex , fourplex and cottage clusters .

   B.   Maximum driveway widths at the street right-of-way line shall be as follows.

      1.   In residential zones:

         a.   Twenty-four feet or 50% of the lotfrontage , whichever is less, for lots with less than 60 feet of streetfrontage ;

         b.   Thirty feet for lots with streetfrontages of 60 feet or greater;

         c.   There shall be a minimum distance of 30 feet between any two adjacent curb cuts on the same lot ;

         d.   Triplex and quadplexes on lots or parcels with frontages only on local streets may have either two driveway approaches not exceeding 32 feet in total or one maximum 16-foot-wide driveway approach per frontage ;

         e.   A maximum of one driveway approach is allowed for every single-unit attached unit/townhouse . Driveway approaches and driveways may be shared provided reciprocal access easements are recorded.

      2.   Thirty-six feet in institutional, town center or commercial zones; and

      3.   Forty feet in industrial zones.

   C.   Location of curb cut. No portion of a curb cut shall be located closer to an intersecting street right-of-way line than:

      1.   One hundred feet on an arterial street with four or more travel lanes;

      2.   Fifty feet on an arterial street with two or three travel lanes;

      3.   Fifty feet on a collector street ; or

      4.   Twenty feet on a local street .

   D.   Minimum distance between curb cuts. On arterial and collector streets , minimum distances shall be maintained as follows between adjacent curb cuts on the same side of any such street :

      1.   Eighty-five feet where the speed limit is 20 mph or less;

      2.   One hundred five feet where the speed limit is 25 mph;

      3.   One hundred twenty-five feet where the speed limit is 30 mph;

      4.   One hundred fifty feet where the speed limit is 35 mph;

      5.   One hundred eighty-five feet where the speed limit is 40 mph;

      6.   Two hundred thirty feet where the speed limit is 45 mph; and

      7.   Two hundred seventy-five feet where the speed limit is 50 mph or greater.

   E.   In measuring the distance between curb cuts on arterial and collector streets , existing curb cuts, or accesses serving single-family and two-family dwellings shall not be considered.

   F.   City Engineer ’s authority to restrict driveway widths and locations. To ensure that driveways do not conflict with public infrastructure, the City Engineer has the authority to restrict the width and location of any driveway .

(Ord. 2009-01, passed 3-9-2009; Ord. 2013-3, passed 5-22-2013; Ord. 2017-01, passed 4-10-2017; Ord. 2022-01, passed 5-9-2022; Ord. 2023-03, passed 5-22-2023)

   A.   One-way vehicular access points. Where a proposed parking facility indicates only one-way traffic flow on the site , it shall be accommodated by a specific driveway serving the facility; the entrance drive shall be situated closest to oncoming traffic and the exit drive shall be situated farthest from oncoming traffic.

   B.   Director ’s authority to restrict access . The Director has the authority to restrict access when the need to do so is required by one or more of the following conditions:

      1.   To provide for increased traffic movement on congested streets and to eliminate turning movement problems, the Director may restrict the location of driveways on streets and require that the location of driveways be placed on adjacent streets , upon the finding that the proposed access would:

         a.   Cause or increase existing hazardous traffic conditions;

         b.   Provide inadequate access for emergency vehicles; or

         c.   Cause hazardous conditions to exist, which would constitute a clear and present danger to the public health, safety and general welfare.

      2.   To eliminate the need to use public streets for movements between commercial or industrial properties, parking areas shall be designed to connect with parking areas on adjacent properties unless not feasible. The Director shall require accesseasements between properties where necessary to provide for parking area connections.

      3.   To facilitate pedestrian and bicycle circulation, access and parking area plans shall provide efficient sidewalk and/or a pathway connection, as feasible, between neighboring developments and land uses.

      4.   A decision by the Director per subsections B.1. through B.3. above may be appealed by means of a Type II procedure.

   C.   Joint Access in Commercial Zones. If feasible, joint access and the provision of reciprocal easements shall be required as a condition of issuing a building permit in all commercial zones.

   D.   In all zones where the spacing of access and egress drives cannot be readily achieved within a particular parcel; joint access with an adjoining property shall be sought. If the Director is satisfied that sufficient attempts to secure joint access have been made and the joint access is not possible, and access separation as specified in § 17.8.130 cannot be maintained, drivewayaccess may be granted with less separation between adjacent driveways . The spacing shall be the minimum required to provide adequate, yet safe and convenient access to the property. The clear vision area requirements of Article 8 are applicable.

(Ord. 2009-01, passed 3-9-2009; Ord. 2013-3, passed 5-22-2013; Ord. 2020-05, passed 11-9-2020)

   The following access and circulation standards apply specifically to certain types of development or apply within certain locations within the community.

   A.   Multi-unit development . A functional and safe environment for vehicles and pedestrians is important within residential areas. Multi-unit development should be visually appealing from the adjacent street right-of-way and be functionally and aesthetically tied to adjacent residential neighborhoods.

      1.   Circulation.

         a.   A continuous pedestrian connection shall be provided from the front door of all residential buildings to the public sidewalk.

         b.   Separate pathways from dwellings a minimum distance of ten feet. The separation is measured from the pathway edge closest to any dwelling unit.

         c.   On-sitepedestrian walkways are required to be a minimum width of five feet connecting dwelling units to parking/open space /recreation areas.

      2.   Parking areas.

         a.   Separate physically and visually parking areas greater than 10,000 square feet in area with landscape planter bays at least 18 feet in width. Individual parking areas may be connected by a driveway .

         b.   The sidewalk system shall connect the front door of all residential buildings to parking area(s).

      3.   Pedestrian environment.

         a.   Residential doors which face a public right-of-way shall be setback a minimum of three feet plus any additional width needed to meet the minimum sidewalk requirements (where applicable) from a public sidewalk.

         b.   The following types of doors shall not provide the primary entrance into a dwelling unit: sliding glass or solid metal doors without glazing.

         c.   Residential stoops, porches or terraces shall be raised a maximum of three feet above grade at the adjacent right-of-way.

         d.   Residences with entry porches or terraces shall have a minimum area of 40 square feet.

         e.   Residential entries shall be lowered a maximum of four feet below grade measured at adjacent right-of-way.

      4.   Screening/service areas.

         a.   All mechanical equipment shall be screened from view by an opaque fence or solid landscape screen eight feet high.

         b.   Service/refuse collection areas shall not be located within 20 feet of public rights-of-way.

         c.   All development of two or more stories in height shall be required to provide screening of garbage collection and storage areas from above.

         d.   All roof mounted mechanical equipment other than vents shall be screened from ground level view. The screening shall be as high as the height of the equipment and shall be integrated with the exterior buildingfacade .

      5.   Landscaping.

         a.   At least 75% of required landscaped area shall be planted with any suitable combination of trees , shrubs or evergreen ground cover.

         b.   A maximum of 25% of required landscaped area may include architectural features or artificial ground covers such as sculptures, benches, masonry or stone walls, rock groupings, decorative hard paving and gravel areas interspersed with planting areas.

      6.   Crime Prevention Through Environmental Design (CPTED).

         a.   No landscaping, fences , walls or plant materials greater than five feet in height shall be installed which obstruct the visibility of a dwelling entry from a public street .

         b.   A minimum of 25 square feet of window area shall be provided within each dwelling unit facing a common open space , pedestrian path or car park to allow visual surveillance.

         c.   A clear line of site between all front building entries and the public sidewalk or car park shall be maintained.

         d.   Lighting shall be provided at all exterior dwelling unit entrances.

         e.   Guard or a keyed variation of gated residential development is prohibited.

         f.   Motion activated security lighting is prohibited along public rights-of-way.

   B.   Commercial development . Commercial development should accommodate automobiles, mass transit, bicycles and pedestrians in a safe, functional and visually appealing manner.

      1.   Circulation.

         a.   Auto/truck access to parking shall be from a local or collector street , an adjacent development , alley or existing driveways along arterial roads.

         b.   Where buildings are setback from right-of-ways, a continuous and direct sidewalk with a 12-foot minimum width shall be provided between the public sidewalk and the front door to all buildings on site .

         c.   All roadways or drives shall include sidewalks on both sides of travel lanes with the exception of vehicle facilities that provide access to loading and service areas.

      2.   Parking.

         a.   Construct off-street surface parking that does not occupy more than 50% of the streetfrontage . Where a site has frontage along a side street a surface car park may occupy more than 50% of the side streetfrontage .

         b.   Screen parking with a solid perimeter wall, decorative welded metal (wrought iron) fencing and columns, earthen berm or evergreen hedge (or a combination thereof). The maximum height of screening shall be five feet except along the streetfrontage where the maximum height shall be three feet six inches.

         c.   Provide a minimum of 15% of the car park as water pervious surface – either paving or landscaped retention areas.

         d.   Development sites shall not consist of paved parking areas of more than 50% of the entire site area .

      3.   Pedestrian environment.

         a.   The sidewalk system shall connect all customer entrances to the public sidewalk.

         b.   Minimum sidewalk width ten feet. Sidewalks shall meet American with Disabilities Act (ADA) requirements and may include landscaped areas, benches and other pedestrian amenities .

         c.   Plazas, squares or courts shall be fronted by commercial buildingfacades with 75% or more transparency/window opening of first 15 feet of building .

         d.   All development shall provide a sheltered entry area at the entrance to each commercial establishment with a minimum area of 50 square feet and a minimum dimension of six feet.

      4.   Screening of service areas.

         a.   All loading areas shall be physically separated from customer pedestrian and residential areas with a solid five-foot tall fence , evergreen hedge, arbor, berm or a combination of these elements.

         b.   All ground level and roof-top mechanical equipment shall be screened from view with landscaping, fencing and or walls. The height of the screen shall equal or exceed the height of the equipment, and include screening from views from above when visible from adjacent inhabited buildings .

      5.   Landscaping.

         a.   Landscaping standards vary depending on zoning, use , adjacent zoning and existing site conditions.

         b.   A landscaped strip at least ten feet in width shall be provided abutting any property line facing a street . The landscape strip shall be appropriately landscaped with ground cover, planted berm , shrubbery and/or trees .

         c.   At least 75% of required landscaped area shall be planted with any suitable combination of trees , shrubs or evergreen ground cover.

         d.   A maximum of 25% of required landscaped area may include architectural features or artificial ground covers such as sculptures, benches, masonry or stone walls, rock groupings, decorative hard paving and gravel areas interspersed with planting areas.

   C.   Town Center Districts. The intent of the following standards is to provide a functional and safe environment for vehicles and pedestrians, where the needs of pedestrian are emphasized. The Town Center should have a clear separation between pedestrian and vehicular areas and should be comfortable and safe in all seasons and hours of the day.

      1.   Building orientation.

         a.   TCC: Buildingfacades shall be built along at least 80% of the primary buildingfrontage line.

         b.   TCT: Buildingfacades shall be built along at least 75% of the primary buildingfrontage line.

         c.   One entrance shall be provided for each buildingfacade . When building is located on a corner, one entrance at the corner is permitted.

         d.   If a building is setback from right-of-way, it shall be a minimum of four feet in depth and include plazas, forecourts or other paved areas for public seating, artwork and landscaped planting beds.

         e.   If a building is setback from the right-of-way, mechanical units, meters or other above grade or wall mounted utilities shall not be located in the frontsetback area.

      2.   Pedestrian connections.

         a.   When provided on-site , parking shall not be located between the frontfacade and the front property line.

         b.   Where walkways are parallel and adjacent to a driveway or street (public or private), they shall be raised six inches and curbed or separated from the driveway /street with bollards and/or a three-foot minimum landscape barrier.

         c.   Where pathways cross a parking area, driveway or street (“crosswalk”), they shall be clearly marked with contrasting paving materials, humps/raised crossings, or painted striping. If painted striping is used, it shall consist of thermo-plastic striping or similar type of durable application .

         d.   All mechanical equipment, outdoor storage and manufacturing and service and delivery areas shall be screened from view from pedestrian sidewalks. Screening shall be provided by one or more of the following: decorative wall (masonry or similar quality material, evergreen hedge, wood fence - non-see through).

      3.   Siteamenities . Every development shall provide at least one of the “pedestrian amenities ” listed below:

         a.   A plaza, courtyard next to the building entrance a minimum of four feet in depth for residential food, beverage or entertainment establishments only or, for other uses, an area with public art which incorporates seating (e.g., a fountain);

         b.   Public seating areas (chairs, tables, benches); or

         c.   Buildingcanopy , awning or similar weather protection across 75% of the facade , projecting a minimum of four feet over the sidewalk.

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

   The purpose of this subarticle is to establish standards that will ensure proper sight distances at intersections to reduce the hazard from vehicular turning movements.

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

   Except in the Town Center zones, a clear vision area shall be maintained on the corners of all property adjacent to the intersection of two streets , a street and a railroad, or a driveway providing vehicular access to a public street , excluding alleys .

   A.   On corner lots , no vehicle, fence , wall, hedge or other planting or structure shall be parked, erected, planted, placed, located or maintained, except for occasional tree trunks or poles, so as to impede visibility within the greater of the two clear vision areas defined below (see Figure 8-5):

      1.   The triangular area formed by the curb lines along such lots and a straight line joining said curb lines at points which are 30 feet distant from the intersection of the curb lines and measured along such lines; or

      2.   The triangular area formed by the property lines of such lots and a straight line joining said property lines at points which are ten feet distant from the intersection of the property lines and measured along such lines.

   B.   A private access shall be treated as a public street for the purpose of this section. The edge of the paved surface area of the private access , be it roadway, curb or sidewalk, shall be treated as the curb line in determining the vision clearance area.

   C.   The vision clearance area for all commercial, industrial, institutional and multi-family uses shall be determined in the manner set forth in subsectionA.1. above.

   D.   The vision clearance area for single-family homes and duplexes shall be determined in the manner set forth in subsection A.2. above.

   E.   Any obstruction maintained in violation of this section shall be deemed in violation of the Development Code and shall be abated pursuant to § 17.1.400 enforcement procedures.

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

   The purpose of this subarticle is to establish standards for the provision of open space and recreational facilities, and where part of development , requirements for common areas.

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

   A.   Open space areas may be required to avoid placing structures or other improvements either in identified hazard or resource areas as required by §§ 17.5.005 et seq. and 17.8.300 et seq.

   B.   Areas retained to comply with Clean Water Services (CWS) water quality sensitive area and vegetative corridor requirements of the Design and Construction Standards or surface water quality or quantity facilities requiring over 100 square feet of area shall be considered open space but not be considered a recreational area unless so designed as to be integrated with a development ’s site design and available for access for residents in the development .

   C.   Except for developments in TCC or TCT zones, any development not involved in a division of land, open space and recreation areas shall be held in common for residential condominiums or by the primary land owner for apartmentcomplexes or non-residential development . The area shall be placed within an easement unless waived by the Director for minor recreation facilities or recreation facilities that are integrated with the developed portion of the project. Developments within the NMU zone may modify the standards below through an approved MUPD.

      1.   Residential projects in the Residential Multi-family Low (RML) and Residential Multi-family High (RMH) districts shall provide the following: All condominium, two-family dwellings , multi-familydwellings , residential care facilities , residential care institutions and nursing or convalescent homes shall provide 20% of the lot area in open space , excluding that area designated in the site plan and improved for off-street parking and driveways . All dwelling units shall be immediately accessible to a minimum of 600 square feet of open space .

      2.   All condominium, two-family dwellings and multi-familydwellings of 20 units or more, residential care facilities , residential care institutions and nursing or convalescent homes shall improve one-half of the required open space as recreation space . Recreation space shall be planted in grass and/or improved for recreational use , and have a minimum area of 870 square feet and a minimum dimension of 20 feet. For two-family and multi-familydwellings , the recreational area shall include a children’s play area. A fence shall be installed that is a minimum of 30 inches in height to separate a parking lot, street or driveway from any children’s play area.

      3.   For the development of condominiums, two-family and multi-familydwellings of 20 units or more, residential care facilities and residential care institutions , individual private open space (patio or balcony) shall be provided for each dwelling unit. All private open space shall be directly accessible from the dwelling unit through a doorway. Patios and balconies shall be at least 48 square feet in size with a minimum width dimension of four feet.

      4.   Floor area of ground floor patios and all balconies for individual units can be used to meet no more than one-half of the recreational land area requirement. Private open space shall be separated from common open space through the use of perimeter landscaping, fencing or a change in vertical grade (e.g., second floor balconies).

      5.   Where a proposed condominium, multi-familydevelopment , residential care facility , residential care institution , or nursing or convalescent home will abut an existing or proposed public park or open space , the development shall integrate into its design the adjoining park or open space to maximize its benefits to development residents.

      6.   No less than 75% of all open space areas excluding recreational space shall be landscaped with living ground cover, shrubs or trees .

      7.   State law and administrative codes pertaining to residential care facilities , assisted care and nursing facilities shall supersede the provisions of this section where there is a conflict.

   D.   Areas and tracts of land to be held in common, shall meet the following requirements.

      1.   Common areas shall be held in ownership by either a homeowners association or operator of a multi-familydevelopment , residential care facility , residential care institution or nursing or convalescent home.

      2.   To ensure adequate maintenance of common areas within the land division, the applicant shall provide maintenance provisions in Covenants, Conditions and Requirements (CC & Rs) when to be maintained by a homeowners association or another method an operator of a multi-familydevelopment , residential care facility , residential care institution or nursing or convalescent home.

   E.   A development shall include proposed dedication of open space or recreational facilities to the city or reserve such areas for acquisition by the city based on the following requirements:

      1.   The dedication or reservation shall be approved by the Parks and Recreation Commission prior to any acceptance of the reservation or dedication by the city . The Parks and Recreation Commission shall only consider any dedication or reservation if found:

         a.   Consistent with the Parks, Recreation and Open Space Master Plan in terms of location, size, shape and purpose of the facility or area;

         b.   Adequate recreational elements for active and/or passive recreational needs (e.g. trails, benches, play equipment, ball fields, etc.) are provided;

         c.   Open Space areas provide connectivity with other open space or recreational areas as shown on the Parks, Recreation and Open Space Master Plan;

         d.   Adequate services and facilities are available to maintain the dedication or reservation; and

         e.   For reservations, that acquisition of the property has been programmed in the most recently adopted capital improvement program or otherwise authorized by the City Council .

      2.   Where the city will accept a dedication pursuant to paragraph (1) above, no more than 50% of the System Development Charges (SDC) for a project can be waived by the Community Development Director upon consultation with the Parks and Recreation Director . The amount of the waiver shall be based on the completeness of the recreational elements and maintenance facilities provided, and the importance of the property to the completion of the Park, Recreation and Open Space Master Plan. There shall be no waiver of park SDC for any reservation of an open space area or recreational facility.

      3.   If the developer is required to reserve land area for a park, playground, or other public use , such land shall be acquired by the appropriate public agency within 18 months following final land use approval including but not limited to final plat , site plan , conditional use or design review approvals. The price shall be agreed upon prior to final approval or such reservation shall be released to the subdivider.

   F.   Where it is determined by the Director that to achieve a greater sense of open space of an area, open space that is proposed for two adjoining developments shall be located adjacent to each other.

(Ord. 2009-01, passed 3-9-2009; Ord. 2013-3, passed 5-22-2013; Ord. 2017-12, passed 11-27-2017)

   The purpose of this subarticle is to establish standards and requirements where development is subject to resources or hazards as defined by these provisions.

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

   A.   Wetlands , Wetland Buffer Areas, Wildlife Conservation Areas and Vegetated Corridors subject to the provisions of § 17.5.005 shall be left undisturbed unless:

      1.   Division of State Lands has issued a permit to allow fill in a wetland; or

      2.   Enhancements that are required or allowed either by the report approved by the city for Wildlife Conservation Areas pursuant to § 17.5.025 or by the Service Provider Letter issued by Clean Water Service.

   B.   Wetland buffer areas and vegetated corridors shall be provided consistent with the requirements of Clean Water Service (CWS) Design and Construction Standards. Pursuant to § 17.5.025A., a service provider letter from CWS shall be issued prior to filing for a land use permit with the city .

   C.   All development with Natural Resource Areas shall attempt to design development through avoidance of the resource area. If that cannot be achieved through standard development requirements, then the requirements of §§ 17.5.005 et seq. shall apply and shall override any conflicting development requirements established by other portions of the Development Code in order to minimize intrusion into the NRA.

   D.   All wetlands , wetland buffers, vegetated corridors and wildlife habitats shall be established as follows.

      1.   For divisions of land, the area shall be placed in an open space tract separate from areas intended for development . The open space tract is subject to the requirements of §§ 17.8.200 et seq.

      2.   For development not involved in a division of land, the area shall be held in common for residential condominiums or by the primary land owner for apartmentcomplexes or non-residential development . The area shall be placed within an easement and adequate maintenance provisions shall be provided consistent with the requirements of § 17.8.200.

   E.   Historic structures and trees . Any modification of historic structures or the removal of trees shall comply with the requirements of §§ 17.5.200 et seq. and 17.5.100 et seq. respectively.

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

   A.   Information and studies for hazards shall be provided as follows.

      1.   For development sites partially or totally within Flood Management Areas or areas of special flood hazard as determined by § 17.8.315B., there shall be provided a study prepared by an engineer certified by the State of Oregon to provide hydraulic, flood plain elevation and any other necessary analysis to meet the requirements of § 17.8.325D. as determined by the City Engineer .

      2.   For development sites having slopes of 10% or more, the following requirements shall be met. To ensure compliance with the provisions of this Code, prior to the issuance of a building permit for the construction of any new building (as defined by § 17.12.210B.8.) within the city , and prior to any grading, excavation or filling or other site modification within areas having a slope of 10% or greater, there shall be submitted to the Community Development Department for review and approval, or approval with modifications:

         a.   A site plan (showing any grading, excavating or filling) drawn to scale of the entire property developed and of the proposed construction; and

         b.   The submission of a geological assessment and geotechnical report prepared and stamped by a Certified Engineering Geologist who is a registered geologist certified in the specialty of Engineering Geology under provisions of O.R.S. 672.505 to 672.705 and a Geotechnical Engineer under provisions of O.R.S. 672.002 to 672.325. The assessment and report shall address the entire site and meet the following requirements:

            i.   The geological and engineering assessment shall include information and data regarding the nature, distribution of underlying geology, and the physical and chemical properties of existing soils; an opinion as to stability of the site , and conclusions regarding the effect of geo-logic conditions on the proposed development .

            ii.   The geotechnical report shall include a comprehensive description of the site topography and geology; an opinion as to the adequacy of the proposed development from an engineering standpoint; and opinion as to the extent that instability on adjacent properties may adversely affect the project; a description of the field investigation and findings ; conclusions regarding the effect of geologic conditions on the proposed development ; and specific requirements for plan modification, corrective grading and special techniques and systems to facilitate a safe and stable development . The report shall provide other recommendations as necessary, commensurate with the project grading and development .

            iii.   Address the requirements of § 17.8.310B.

   B.   Through hazard study(ies) required pursuant to § 17.8.310A., the applicant shall establish methods to minimize hazards to acceptable risks by:

      1.   Site design approaches that avoids development within hazard area;

      2.   Grading, erosion control and other site preparation techniques to minimize hazard impacts;

      3.   Techniques to minimize impacts from utility installation; and/or

      4.   Building and foundation techniques to minimize hazard impacts.

   C.   Where a hazard area is proposed to be avoided:

      1.   For divisions of land, the area shall be placed in an open space tract separate from areas intended for development . The open space tract is subject to the requirements of §§ 17.8.200 et seq.

      2.   For development not involved in a division of land, the area shall be held in common for residential condominiums or by the primary land owner for apartmentcomplexes or non-residential development . The area shall be placed within an easement and adequate maintenance provisions shall be provided consistent with the requirements of § 17.8.200.

      3.   The tract or easement area shall be restricted to open space . Utilities may be located within the area provided that the report proposes acceptable measures to minimize hazard impacts. Open space tracts are subject to the provisions of § 17.8.200.

(Ord. 2009-01, passed 3-9-2009; Ord. 2013-3, passed 5-22-2013; Ord. 2016-16, passed 9-26-2016; Ord. 2017-07, passed 8-14-2017)

   A.   Lands to which this Code applies. This code applies to all areas of special flood hazard within the jurisdiction of the City of Forest Grove .

   B.   Basis for establishing areas of special flood hazard . The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for Washington County and Incorporated Areas” dated November 4, 2016, and as subsequently revised, with accompanying Flood Insurance Rate Maps (FIRM) are hereby adopted by reference and declared to be a part of this Code. The Flood Insurance Study is on file at the Forest Grove Engineering Department. The best available information for flood hazard area identification as outlined in § 17.8.325C. shall be the basis for regulation until a new FIRM is issued which incorporates the data utilized under § 17.8.325C.

   C.   Warning and disclaimer of liability.

   The degree of flood protection required by this Code is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes.

   This code does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This code shall not create liability on the part of the City of Forest Grove , any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this Code or any administrative decision lawfully made hereunder.

(Ord. 2009-01, passed 3-9-2009; Ord. 2013-3, passed 5-22-2013; Ord. 2018-07, passed 10-8-2018)

   A.   Development permit required. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 17.8.315B. The permit shall be for all structures including manufactured homes, as set forth in the definitions and for all development including fill and other activities, also as set forth in the definitions.

   B.   Application for development permit. Application for a development permit shall be made on forms furnished by the Engineering Department and may include but not be limited to plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures , fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the following information is required:

      1.   Elevation in relation to mean sea level, of the lowest floor (including basement ) of all structures ;

      2.   Elevation in relation to mean sea level of floodproofing in any structure ;

      3.   Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 17.8.335B.3.; and

      4.   Description of the extent to which a watercourse will be altered or relocated as a result of proposed development .

   C.   Land below the elevation of the base flood shall be placed in open space or parking lot and landscaped areas if within the developed portion of the site .

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

   A.   The City Engineer is hereby appointed to administer and implement this Code by granting or denying development permit applications in accordance with its provisions.

   B.   The duties of the City Engineer shall include, but not be limited to:

      1.   Reviewing all development permits to determine that the permit requirements of this Code have been satisfied;

      2.   Reviewing all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required;

      3.   Reviewing all development permits to determine if the proposed development is located in the floodway . If located in the floodway , ensure that the encroachment provisions of § 17.8.345 are met; and

      4.   Providing the base flood elevation as has been determined in accordance with § 17.8.315B., Basis for Establishing Areas of Special Flood Hazard to the Building Official , along with any freeboard requirements established in § 17.8.335B., Specific Standards.

   C.   Use of other base flood data in “A” Zones. When base flood elevation data has not been provided in accordance with § 17.8.315B., Basis for Establishing the Areas of Special Flood Hazard , the City Engineer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer §§ 17.8.335B., Specific Standards and 17.8.345, Floodways .

   D.   Information to be obtained and maintained.

      1.   Where base flood elevation data is provided through the Flood Insurance Study , FIRM or as required in § 17.8.325, the City Engineer shall obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basements and below-grade crawlspaces ) of all new or substantially improved structures , and whether or not the structure contains a basement .

      2.   For all new or substantially improved floodproofed structures where base flood elevation data is provided through the Flood Insurance Study , FIRM or as required in § 17.8.325, the City Engineer shall:

         a.   Verify and record the actual elevation (in relation to mean seal level);

         b.   Maintain the floodproofing certifications required in § 17.8.320B.3.; and

         c.   Maintain for public inspection all records pertaining to the provisions of this Code.

   E.   Alteration of watercourses. 

      1.   Development shall not diminish the flood -carrying capacity of a watercourse. If any watercourse will be altered or relocated as a result of the proposed development , the applicant shall submit certification by a registered professional engineer that the flood -carrying capacity of the watercourse will not be diminished.

      2.   The City Engineer shall:

         a.   Notify adjacent communities, the Department of Land Conservation and Development and other appropriate state and federal agencies, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; and

         b.   Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

      3.   Applicants shall obtain a Conditional Letter of Map Revision (CLOMR) from FEMA before any encroachment, including fill, new construction, substantial improvement or other development , in the regulatory floodway is permitted. The applicant shall be responsible for preparing technical data to support the CLOMRapplication any paying any processing or application fees to FEMA.

   F.   Requirement to submit new technical data. 

      1.   The City Engineer shall:

         a.   Notify FEMA within six months of project completion when an applicant had obtained a Conditional Letter of Map Revision (CLOMR) from FEMA, or when development altered a watercourse, modified floodplain boundaries or modified base flood elevations. This notification shall be provided as a Letter of Map Revision (LOMR) ; and

         b.   Be under no obligation to sign the Community Acknowledgment Form, which is part of the CLOMR /LOMRapplication , until the applicant demonstrates that the project will or has met the requirements of this Code and all applicable State and Federal laws.

      2.   The applicant shall be responsible for preparing technical data to support the LOMRapplication and paying any processing or application fees to FEMA.

   G.   Non-conversion of enclosed areas below the lowest floor . To ensure that enclosed areas below the lowest floor continue to be used solely for parking vehicles, limited storage, or access to the building and not be finished for use as human habitation/recreation/bathrooms, etc., the City Engineer shall:

      1.   Determine which applicants for new construction and/or substantial improvements have fully-enclosed areas below the lowest floor that are five feet or higher; and

      2.   Require such applicants to enter in a “Non-Conversion Deed Declaration for Construction within Flood Hazard Areas” or equivalent. The deed declaration shall be recorded with Washington County and shall be in a form acceptable to the City Engineer .

   H.   Interpretation of FIRM boundaries. The City Engineer shall make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 17.8.330.

(Ord. 2009-01, passed 3-9-2009; Ord. 2013-3, passed 5-22-2013; Ord. 2018-07, passed 10-8-2018)

   A.   Appeal Board. The Planning Commission shall hear and decide appeals and requests for variances from the requirements of this Code. The Planning Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the City of Forest Grove in the enforcement or administration of this Code.

   B.   Any affected party may appeal the decision of the Planning Commission to the City Council , as provided in § 17.1.640.

   C.   In passing upon such applications , the Planning Commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Code, and:

      1.   The danger that materials may be swept onto other lands to the injury of others;

      2.   The danger to life and property due to flooding or erosion damage;

      3.   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

      4.   The importance of the services provided by the proposed facility to the community;

      5.   The necessity to the facility of a waterfront location, where applicable;

      6.   The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

      7.   The compatibility of the proposed use with existing and anticipated development ;

      8.   The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

      9.   The safety of access to the property in times of flood for ordinary and emergency vehicles;

      10.   The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site ; and

      11.   The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

   D.   Upon consideration of the factors of § 17.8.330C. and the purposes of this Code, the Planning Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Code.

   E.   The City Engineer shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

   F.   Conditions for variances.

      1.   Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (1-11) in § 17.8.330C. have been fully considered. As the lot size increases the technical justification required for issuing the variance increases.

      2.   Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the Statewide Inventory of Historic Properties, without regard to the procedures set forth in this section.

      3.   Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.

      4.   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

      5.   Variances shall only be issued upon:

         a.   A showing of good and sufficient cause;

         b.   A determination that failure to grant the variance would result in exceptional hardship to the applicant ; and

         c.   A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in § 17.8.330C., or conflict with existing local laws or codes.

      6.   Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece or property; they are not personal in nature and do not pertain to the structure , its inhabitants, economic or financial circumstances, they primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.

      7.   Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except § 17.8.330F.1., and otherwise complies with § 17.8.335A.1.3. of the General Standards.

      8.   Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood d elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

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

   A.   General standards. In all areas of special flood hazards, the following standards are required.

      1.   Anchoring.

         a.   All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure .

         b.   All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (Refer to FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques).

      2.   Construction materials and methods.

         a.   All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

         b.   All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

         c.   Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding .

      3.   Utilities.

         a.   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

         b.   New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and

         c.   On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding consistent with the Oregon Department of Environmental Quality.

      4.   Subdivision proposals.

         a.   All subdivision proposals shall be consistent with the need to minimize flood damage;

         b.   All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage;

         c.   All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

         d.   Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or five acres (whichever is less).

      5.   Review of building permits . Where elevation data is not available either through the Flood Insurance Study , FIRM or from another authoritative source (§ 17.8.325C.), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding . The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding , etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates.

   B.   Specific standards. In all areas of special flood hazards where base flood elevation data has been provided (Zones A1-30, AH and AE) as set forth in § 17.8.315B., Basis for Establishing the Areas of Special Flood Hazard , or § 17.8.325C., Use of Other Base Flood Data in “A” Zones, the following provisions are required:

      1.   Residential construction.

         a.   New construction and substantial improvement of any residential structure shall have the lowest floor , including basement , elevated to a minimum of one foot above the base flood elevation.

         b.   Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must be either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

            i.   A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

            ii.   The bottom of all openings shall be no higher than one foot above grade .

            iii.   Openings may be equipped with screens, louvers or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

      2.   Manufactured dwellings .

         a.   Manufactured dwellings supported on solid foundation walls shall be constructed with flood openings that comply with § 17.8.335A.1.b. above.

         b.   The bottom of the longitudinal chassis frame beam in “A” zones, shall be at or above BFE;

         c.   The manufactured dwelling shall be anchored to prevent flotation, collapse and lateral movement during the base flood . Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (Refer to FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques); and

         d.   Electrical crossover connections shall be a minimum of 12 inches above BFE.

      3.   Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor , including basement , elevated at or above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

         a.   Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

         b.   Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

         c.   Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in § 17.8.320B.3.;

         d.   Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in § 17.8.335B.1.b.;

         e.   Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building floodproofed to the base flood level will be rated as one foot below.

         f.   Applicants shall supply a Maintenance Plan for the entire structure to include but not limited to: exterior envelope of structure ; all penetrations to the exterior of the structure ; all shields, gates, barriers or components designed to provide floodproofing protection to the structure ; all seals or gaskets for shields, gates, barriers or components; and, the location of all shields, gates, barriers and components as well as all associated hardware, and any materials or specialized tools necessary to seal the structure .

         g.   Applicants shall supply an Emergency Action Plan (EAP) for the installation and sealing of the structure prior to a flooding event that clearly identifies what triggers the EAP and who is responsible for enacting the EAP.

      4.   Recreational vehicles . Recreational vehicles placed on sites are required to:

         a.   Be on the site for fewer than 180 consecutive days; and

         b.   Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions ; or

         c.   Meet the requirements of § 17.8.335B.2. above and the elevation and anchoring requirements for manufactured homes.

      5.   Accessory structures . Relief from elevation or floodproofing as required in § 17.8.335B.1. or B.3. above may be granted for accessory structures that are:

         a.   Less than 200 square feet and do not exceed one story;

         b.   Not temperature controlled;

         c.   Not used for human habitation and are used solely for parking of vehicles or storage of items having low damage potential when submerged; not used to store toxic material, oil or gasoline, or any priority persistent pollutant identified by the Oregon Department of Environmental Quality unless confined in a tank installed in compliance with this Code or stored at least one foot above Base Flood Elevation;

         d.   Located and constructed to have low damage potential;

         e.   Constructed with materials resistant to flood damage;

         f.   Anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood ; and

         g.   Constructed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater. Designs for complying with this requirement must be certified by a licensed professional engineer or architect or:

            i.   Provide a minimum of two openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding ;

            ii.   The bottom of all openings shall be no higher than one foot above the higher of the exterior or interior grade or floor immediately below the opening;

            iii.   The openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwater in both directions without manual intervention; and

            iv.   Be constructed with electrical and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood .

      6.   Below-grade crawl spaces . Below-grade crawlspaces are allowed subject to the following standards as found in FEMA Technical Bulletin 11-01 Crawlspace Construction for Buildings Located in Special Flood Hazard Areas:

         a.   The building must be designed and adequately anchored to resist flotation, collapse and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Hydrostatic loads and the effects of buoyancy can usually be addressed through the required openings stated in subsection b. below. Because of hydrodynamic loads, crawlspace construction is not allowed in areas with flood velocities greater than five feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer. Other types of foundations are recommended for these areas.

         b.   The crawlspace is an enclosed area below the base flood elevation (BFE) and, as such, must have openings that equalize hydrostatic pressures by allowing the automatic entry and exit of floodwaters. The bottom of each flood vent opening can be no more than one foot above the lowest adjacent exterior grade .

         c.   Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawlspace used to elevate the building , but also any joists, insulation or other materials that extend below the BFE. The recommended construction practice is to elevate the bottom of joists and all insulation above BFE.

         d.   Any building utility systems within the crawlspace must be elevated above BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. Ductwork, in particular, must either be placed above the BFE or sealed from floodwaters.

         e.   The interior grade of a crawlspace below the BFE must not be more than two feet below the lowest adjacent exterior grade .

         f.   The height of the below-grade crawlspace , measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall must not exceed four feet at any point. The height limitation is the maximum allowable unsupported wall height according to the engineering analyses and building code requirements for flood hazard areas.

         g.   There must be an adequate drainage system that removes floodwaters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event. The type of drainage system will vary because of the site gradient and other drainage characteristics, such as soil types. Possible options include natural drainage through porous, well- drained soils and drainage systems such as perforated pipes, drainage tiles or gravel or crushed stone drainage by gravity or mechanical means.

         h.   The velocity of floodwaters at the site should not exceed five feet per second for any crawlspace. For velocities in excess of five feet per second, other foundation types should be used. For more detailed information, refer to FEMA Technical Bulletin 11-01.

   Residential structures must be elevated a minimum of one foot above the Base Flood Elevation (BFE).

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

   In areas where a regulatory floodway has not been designated, no new construction , substantial improvements or other development (including fill) shall be permitted within Zones A1-30 and AE on the community’s FIRM , unless it is demonstrated that the cumulative effect of the proposed development , when combined with all other existing and anticipated development , will not increase the water surface elevation of the base flood more than one foot at any point within the community.

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

   Located within areas of special flood hazard established in § 17.8.315B. are areas designated as floodways . Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:

   A.   Except as provided in paragraph C. below, prohibit encroachments, including fill, new construction , substantial improvements , and other development unless certification by a registered professional civil engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

   B.   If § 17.8.345A. is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of § 17.8.335, Provisions for Flood Hazard Reduction.

   C.   Temporary structures placed in the floodway : Relief from no-rise evaluation, elevation or dry flood -proofing standards may be granted for a non-residential structure placed during the dry season (June – October) and for a period of less than 90 days. A plan for the removal of the temporary structure after the dry season or when a flood event threatens shall be provided. The plan shall include disconnecting and protecting from water infiltration and damage all utilities servicing the temporary structure .

   D.   Temporary storage of goods and materials, not including hazardous materials, is allowed in the floodway for a period of less than 90 days within the dry season (June – October).

(Ord. 2009-01, passed 3-9-2009; Ord. 2013-3, passed 5-22-2013; Ord. 2018-07, passed 10-8-2018)

   Construction of new critical facilities shall be, to the extent possible, located outside the limits of the Special Flood Hazard Area (SFHA) (100-year floodplain ). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above BFE or to the height of the 500-year flood , whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible.

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

   All property owners, developers or other persons proposing to modify land in the city limits of Forest Grove are encouraged to integrate the habitat-friendly development practices listed in Table 8-1 as part of any modification of the site . Those practices within road rights-of-way or other public property shall be approved by the City Engineer . Other practices shall be approved by the Community Development Department. Said approvals shall be obtained:

   A.   Where no land use permit is required, prior to any physical modification of the site ;

   B.   Where any land use permit is required by the Development Code, concurrent with an approval of the permit; or

   C.   Where there is a Natural Resource Area and alternative discretionary development standards are used pursuant to the requirements of § 17.5.040.

 

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

   The purpose of this subarticle is to establish standards for landscaping, buffering and screening of land use within Forest Grove in order to enhance the aesthetic and environmental quality of the city :

   A.   By requiring streettrees in new developments ;

   B.   By using plant materials as a unifying design element;

   C.   By using plant materials to define spaces and articulate the uses of specific areas; and

   D.   By using trees and other landscape materials to mitigate the effects of noise and lack of privacy and provide buffering and screening.

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

   A.   Applicability. The provisions of this subarticle shall apply to all new development and to a change of use that result in the need for increased on-site parking.

   B.   When sitedevelopment /design review does not apply. Where the provisions of Site  Development Review or Design Review do not apply, the Director shall approve, approve with conditions or deny a landscape plan submitted under the provisions of this subarticle by means of a Type I procedure.

   C.   Landscape plan. The applicant shall submit a landscape plan. The Director shall provide the applicant with information on the submittal requirements.

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

   A.   Obligation to maintain. It shall be the continuing obligation of the property owner to maintain required landscaped areas in an attractive manner free of weeds and noxious vegetation . In addition, the minimum amount of required living landscape materials shall be maintained.

   B.   Ground preparation. The ground in all required landscaped areas should be properly prepared with suitable soil and fertilizer. Specifications shall be submitted with the landscape plans showing that adequate preparation of the top soil and sub-soil will be undertaken prior to planting to support the plantings over a long period of time.

   C.   Installation requirements. The installation of all landscaping shall be as follows:

      1.   All landscaping shall be installed according to accepted planting procedures and the provisions of this article;

      2.   The plant materials shall be of high grade , and shall meet the size and grading standards of the American Standards for Nursery Stock; and

      3.   All required landscaped areas must be provided with a piped underground irrigation system unless a licensed landscape architect or certified nurseryman submits written verification that the proposed plant materials do not require irrigation.

   D.   Pruning required. All plant growth in landscaped areas of developments shall be controlled by pruning or trimming so that it will not:

      1.   Interfere with the maintenance or repair of any public utility;

      2.   Restrict pedestrian or vehicular access ; and

      3.   Constitute a traffic hazard because of reduced visibility.

   E.   Certificate of occupancy. Certificates of occupancy shall not be issued unless the landscaping requirements have been met or other arrangements have been made and approved by the city such as the posting of a performance bond or security equal to 125% of the cost of the landscaping.

   F.   Care of landscaping along public rights-of-way. Appropriate methods for the care and maintenance of street  trees and landscaping materials shall be provided by the owner of the property abutting the rights-of-way unless otherwise required for emergency conditions and the safety of the general public.

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

   A.   Non-invasive native vegetation is encouraged to be used for all landscaping except within 100 feet of a natural resource area. In such situations, native vegetation is required.

   B.   Installation of bio-swales or preservation of wetlands should be located where possible in landscaped areas.

   C.   Required landscaping adjacent to public rights-of-way. A strip of land at least five feet in width located between the abutting right-of-way and the off-street parking area or vehicle use area which is exposed to an abutting right-of-way, except in required vision clearance areas.

   D.   Perimeter landscaping relating to abutting properties. On the site of a building or structure or open lotuse providing an off-street parking area or other vehicular use area, where such areas will not be entirely screened visually by an intervening building or structure from abutting property, a five-foot landscaped strip shall be between the common lot line and the off-street parking area or other vehicular use area exposed to abutting property. Landscaped areas should include where possible water quality features such as bio-swales or wetlands , trees , grass, shrubs and other plant material so as to cover the landscape area.

   E.   Parking area interior landscaping. Landscaped areas shall be appropriately distributed to break up large expanses of pavement, improve the appearance and climate of the site , improve safety and delineate pedestrian walkways and traffic lanes. Except for industrial development within industrial zones, the following interior landscaping shall be met.

      1.   Percentage approach. For the purpose of this section, INTERIOR PARKING LOT AREA is defined as the hard surface parking area (parking stalls and aisles ). Such area does not include loading and unloading zones or perimeter landscaping around the lot . Where perimeter landscaping intrudes into the parking lot four or more feet, that area is included in both the interior parking lot area and interior parking lot landscaping.

      2.   A required landscaped area shall have a minimum interior dimension of six feet and be no less than 48 square feet in area.

      3.   At least 8% of the Interior Parking Lot Area shall be landscaped. Landscaped areas may include water quality features such as bio-swales or wetlands , trees , grass, shrubs and other plant material so as to cover the landscape area.

      4.   One tree shall be required for every 1,600 square feet of interior parking lot area as defined in subsection 1. above. Trees shall have a minimum two-inch caliper and six-foot branch height at time of planting.

      5.   Interior parking area landscaping and trees must be dispersed throughout the parking area. Some trees may be grouped, but the groups must be dispersed. Required trees may be planted within five feet of the edges of the parking area.

      6.   Perimeter landscaping area may not substitute for interior landscaping. However, interior landscaping may join perimeter landscaping as long as it extends four feet or more into the parking area from the perimeter landscape line.

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

   A.   Landscaping required in the Neighborhood Commercial Zone. All required yards (exclusive of accessways and other permitted intrusions) adjacent to a public or private street shall be landscaped.

   B.   Landscaping required in the Community Commercial Zones. A landscaped strip at least ten feet in width shall be provided abutting any property line facing a street . The landscape strip shall be appropriately landscaped with ground cover, planted berm , shrubbery and/or trees .

   C.   Landscaping required in the Town Center Zones. All new commercial and residential developments in the Town Center Transition Zone shall landscape no less than 5% of the lot area using appropriate native plant materials and/or architectural features such as benches, planters and water fountains which are suitable and supportive of the downtown commercial environment. Jointly improved landscaped areas are encouraged to facilitate continuity of landscape design within the Town Center. The city may choose to waive this requirement for developments that provide streetscape amenities within the public right-of-way. New development in the Town Center Core zone is exempt from the minimum landscaping requirement.

   D.   Landscaping required in the Institutional Zone. Landscaping shall be in context with the use and surrounding zones. For institutional uses that consist of primarily open space , such as a park or playground, the landscaped area shall be defined by the site plan and include a landscaped strip at least ten feet in width abutting any property line facing a street . For institutional uses in which the site is primarily devoted to non-open space , the landscaping requirements shall match the zone district immediately adjacent to the use . Where there are no landscaping requirements for the adjoining zone, the landscaping requirements shall meet the requirements of subsection B., Community Commercial above.

   E.   Seventy-five percent coverage. Except in the Town Center Core Zone, at least 75% of the required landscaped area shall be planted with any suitable combination of trees specified time as follows:

      1.   Trees – within five years from the date of final inspection by the Building Official ;

      2.   Shrubs – within two years from the date of final inspection by the building Official ; and

      3.   Ground covers – at the time of final inspection by the Building Official .

      F.   Twenty-five percent architectural features. Except in the Town Center Core Zone, landscaped areas as required by this article may include architectural features or artificial ground covers such as sculptures, benches, masonry or stone walls, fences , rock groupings, decorative hard paving and gravel areas, interspersed with planting areas. The exposed area developed with such features shall not exceed 25% of the required landscaped area. Artificial plants are prohibited in any required landscaped area.

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

   A.   General provisions.

      1.   It is the intent that these requirements shall provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution at a development site , without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles;

      2.   Buffering and screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter (Tables 8-2, 8-3 and 8-4). The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening.

      3.   In lieu of these standards, a detailed buffer area landscaping and screening plan may be submitted for the Director ’s approval as an alternative to the standards, provided it affords the same degree of buffering and screening as required by this Code.

   B.   Buffering and screening requirements.

      1.   A buffer consists of an area within a required setback adjacent to a property line and having a depth equal to the amount specified in the buffering and screening matrix and containing a length equal to the length of the property line of the abutting use or uses.

      2.   Utilities, screening, sidewalks and bikeways , and landscaping may only occupy a buffer area. No buildings , accessways or parking areas shall be allowed in a buffer area except where an accessway has been approved by the city .

      3.   The minimum improvements within a buffer area shall consist of combinations for landscaping and screening as specified in Tables 8-2, 8-3 and 8-4. In addition, improvements shall meet the following specifications:

         a.   At least one row of trees shall be planted. They shall have a minimum caliper of two inches at four feet in height above grade for deciduous trees and a minimum height of five feet high for evergreen trees at the time of planting. Spacing for trees shall be as follows:

            1.   Small or narrow-stature trees , less than 25 feet tall or less than 16 feet wide at maturity shall be spaced no further than 20 feet apart;

            2.   Medium-sized trees between 25 to 40 feet tall and with 16 to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart; and

            3.   Large trees , over 40 feet tall and with more than 35 feet wide branching at maturity, shall be spaced no greater than 40 feet apart.

         b.   In addition, at least ten five-gallon shrubs or 20 one-gallon shrubs shall be planted for each 1,000 square feet of required buffer area; and

         c.   The remaining area shall be planted in lawn or other living ground cover.

      4.   Where screening is required the following standards shall apply in addition to those required for buffering:

         a.   A hedge of narrow or broad leaf evergreen shrubs shall be planted which will form a four-foot continuous screen of the height specified in Table 8-3 within two years of planting;

         b.   An earthen berm planted with evergreen plant materials shall be provided which will form a continuous screen of the height specified in Table 8-3 within two years; or

         c.   A fence or wall of the height specified in Table 8-3 shall be constructed to provide a continuous sight-obscuring screen.

      5.   Buffering and screening provisions shall be superseded by the clear vision area requirements as set forth in § 17.8.150.

      6.   When the use to be screened is downhill from the adjoining zone or use , the prescribed heights of required fences , walls or landscape screening shall be measured from the actual grade of the adjoining property. In this case, fences and walls may exceed the permitted six-foot height at the discretion of the Director as a condition of approval. When the grades are so steep so as to make the installation of walls, fences or landscaping to the required height impractical, a detailed landscape/screening plan shall be submitted for approval.

      7.   Fences and walls.

         a.   Fences and walls shall be constructed of any materials commonly used in the construction of fences and walls such as wood, stone, rock or brick, or otherwise acceptable by the Director ;

         b.   Such fence or wall construction shall be in compliance with other city regulations;

         c.   Walls shall be a minimum of six inches thick; and

         d.   Chain link fences with slats shall qualify for screening. However, chain link fences without slats shall require the planting of a continuous evergreen hedge to be considered screening.

   C.   Screening: special provisions.

      1.   Screening and landscaping of parking and loading areas . Screening and landscaping of parking and loading areas is required as provided in this article.

      2.   Screening of service facilities. Except for one-family and two-family dwellings , any service facilities such as gas meters and air conditioners which would otherwise be visible from a public street , customer or resident parking area, any public facility or any residential area shall be screened from view by placement of a solid wood fence or masonry wall between five and eight feet in height.

      3.   Screening of refuse containers. Except for one- and two-family dwellings , any refuse container or refuse collection area which would be visible from a public street , parking lot, residential or commercial area, or any public facility such as a school or park shall be screened or enclosed from view by placement of a solid wood fence , masonry wall or evergreen hedge. All refuse shall be contained within the screened area.

      4.   Screening of swimming pools. All swimming pools shall be enclosed as required by the City of Forest Grove  Building Code .

   D.   Buffer Matrix.

      1.   The Buffer Matrices contained in Table 8-2 shall be used in calculating widths of buffering/screening and required improvements to be installed between proposed uses and abutting uses or zoning districts.

      2.   An application for an adjustment or variance to the standards required in Tables 8-2 and 8-3 shall be processed as a Type I, II or III procedure, as regulated by Article 2 provisions for Adjustments and Variances.

 

 

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

   A.   Ensure adequate vehicle parking. These parking requirements are intended to provide sufficient vehicle parking in close proximity to the various uses for residents, customers and employees , and to establish standards that will maintain the traffic carrying capacity of nearby streets .

   B.   Adequate capacity. These regulations are also intended to establish vehicle parking areas which have adequate capacity and which are appropriately located and designed to minimize any hazardous conditions on the site and at access points.

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

   A.   New construction . At the time of the erection of a new structure within any residential, commercial, institutional and industrial zoning district , off-street vehicle parking shall be provided in accordance with this section. Except as specified in subsection D. below, uses in the Town Center zones are exempt from the requirement to provide off-street parking.

   B.   Expansion of existing use . At the time of an enlargement of a structure , which increases the on-site vehicle parking requirement, off-street vehicle parking shall be provided in accordance with this section, subject to the following: On the date of adoption of this Code, the number of vehicle parking and loading spaces required shall be based only on floor area or capacity of such enlargement .

(Ord. 2009-01, passed 3-9-2009; Ord. 2013-3, passed 5-22-2013; Ord. 2020-05, passed 11-9-2020; Ord. 2024-07, passed 11-25-2024)

   A.   When sitedevelopment /design review is not required. Where the provisions of Article 2 for Site  Development Review and Design Review do not apply, the Director shall approve, approve with conditions, or deny a parking plan submitted under the provisions of this article by means of a Type I review.

   B.   Parking plan requirements. The parking plan, drawn to scale, shall show all elements necessary to indicate that off-street parking requirements are met. The parking plan shall include but not be limited to:

      1.   Delineation of individual parking and loading spaces and their dimensions;

      2.   Circulation area necessary to serve parking spaces ;

      3.   Access to streets , alleys and properties to be served;

      4.   Curb cuts;

      5.   Location and dimensions of all parking area landscaping (does not apply to single-family dwellings and duplexes );

      6.   Grading and drainage (does not apply to single-family dwellings and duplexes ); and

      7.   Specifications as to signs and bumper guards (does not apply to single-family dwellings and duplexes ).

   C.   Building permit conditions. The provisions and maintenance of off-street vehicle parking and loading spaces are the continuing obligation of the property owner:

      1.   No building or other permit shall be issued until plans are presented to the Director to show that property is and will remain available for exclusive use as off-street vehicle parking and loading space ; and

      2.   Required vehicle parking shall:

         a.   Be available for the parking of operable passenger vehicles of residents, patrons and employees only;

         b.   Not be used for storage of vehicles or materials or for the parking of trucks not used in conduct of the business or use ; and

         c.   Not be rented, leased or assigned to any other person or organization.

   D.   Joint use of parking. Owners of two or more uses, structures or parcels of land may agree to jointly use the same parking and loading spaces when the peak hours of operation do not overlap, provided that satisfactory legal evidence is presented to the Director in the form of deeds , leases and/or contracts to establish the joint use .

   E.   Parking area connections. In order to eliminate the need to use public streets for movements between commercial or industrial properties, parking areas shall be designed to connect with parking areas within a project site and on adjacent properties unless not feasible. Access  easements between properties shall be required where necessary to provide for parking area connections.

   F.   Walkway connections. In order to facilitate pedestrian and bicycle circulation, access and parking area plans shall provide an efficient sidewalk and/or walkway connection between neighboring developments and land uses.

   G.   Standards of measurement. Except as otherwise defined in this Code, “one standard parking space ” means a parking stall of nine feet in width and 18 feet in length. To accommodate compact cars more efficiently, up to 50% of the available parking spaces may have a minimum dimension of eight feet in width and 16 feet in length so long as they are identified as compact car stalls and are not readily accessible to large cars. Head-in or angled parking spaces abutting walkways or landscape areas shall be shortened by one and one-half feet and the walkway or landscape area increased by the same measure. No wheel stops shall be required on these spaces.

      GROSS LEASABLE AREA means all finished floors and excludes elevators, corridors, utility or rest rooms, and interior service areas and all outside service areas, boiler rooms, freight tunnels or corridors and truck docks.

      GROSS FLOOR AREA means the total square footage including all finished floors. This number is estimated to be 10% greater than Gross Leasable Area.

   H.   Eligible parking. Parking spaces available along the public street  frontage or alleys are eligible in fulfilling up to 50% of the off-street parking requirement if the following standards are met:

      1.   The space must be abutting the subject site;

      2.   The space must be in a location where on-street parking is allowed;

      3.   The space must be a minimum 22 feet long; and

      4.   The space must not obstruct a required sight distance area.

   On-street parking spaces credited for a specific development or use may not be used exclusively by that development or use but must be available for the general public. Signs or actions limiting general public use of on-street spaces are prohibited.

   I.   Where improvements subject to these off-street parking and loading provisions result in hard surfaces, pervious surfaces are encouraged to be used. Where improvements are within the public rights-of-way, such surfaces can be used upon approval by the City Engineer .

(Ord. 2009-01, passed 3-9-2009; Ord. 2013-3, passed 5-22-2013; Ord. 2020-05, passed 11-9-2020; Ord. 2022-01, passed 5-9-2022)

   A.   Multiple uses. In the event several uses occupy a single building or parcel of land, a reduction of 25% of the total required parking is allowed for projects that utilize shared parking on a blended ratio for complementary uses.

   C.   Improvements. Required parking spaces shall be improved to the standards as contained in this article and available for use at the time of the final building inspection.

   D.   Carpool and vanpool parking. Commercial, industrial and institutional developments (including but not limited to hospitals, nursing and retirement homes, schools , churches, auditoriums and transit park-and-ride facilities) with 20 or more long-term parking spaces shall designate at least 10% of those spaces for carpool and vanpool parking. These spaces shall be located closer to the primary public or employee entrance than all other parking spaces with the exception of handicapped parking spaces . Carpool and vanpool  parking spaces shall be full-sized and clearly designated for use by carpools or vanpools . Designed employee parking areas in new developments with more than 50 parking spaces shall provide preferential parking for carpools and vanpools .

   E.   Minimum/maximum parking. Unless specified below or otherwise exempted by this Code, the minimum and maximum number of required parking spaces shall be provided for all uses in accordance with the specifications of Table 8-4.

   F.   Exemptions from maximum parking standards. The following uses shall be exempt from the maximum allowable parking standards of Table 8-4. This exemption does not limit any provision or authority to restrict the size, location or design of such uses. On sites where the following parking is provided, it shall not be included in the parking count used for determining the maximum allowable number of parking spaces :

      1.   Structured parking;

      2.   Valet lots;

      3.   Pay lots;

      4.   Employee carpool parking, when such areas are dedicated by way of on-site reservation;

      5.   Fleet parking;

      6.   Automobile sales lots; and

      7.   Park-and-ride lots and area-wide public parking facilities.

   G.   Unlisted use . Where a use is not specifically listed in Table 8-4, determination of the applicable parking standards shall be made in accordance with the following procedure:

      1.   The Director shall determine the minimum and maximum parking spaces for all uses not listed in Table 8-4, unless an application is under review by the Planning Commission or Design Review Commission, in which case the Commission shall make the determination.

      2.   In all determinations for unlisted uses, the applicant shall be required to submit studies or technical information about the use , parking demand, vehicle trip generation and/or other information as deemed necessary to make a determination. The city may consider testimony and publications of individuals, agencies or institutions experienced in parking and traffic engineering in its determination of parking standards.

   H.   Determination of parking zone classification. Except as provided for in this article or as modified under the variance process outlined in § 17.2.700, parking provided shall not be less than the amount specified in the “Minimum Parking Required” column nor greater than the amount specified in the “Maximum Parking Allowed” column of Table 8-4 based on the appropriate Parking Zone Classification.

      1.   Parking Zone A. All properties located within the Town Center Core (TC Core) zone, Town Center Transition (TC Transition) zone, and properties one-half mile walking distance of a transit corridor that provides at least 15-minute peak hour service shall be classified as Parking Zone A. This measurement shall be measured from the nearest right-of-way line of the subject corridor to the subject site. If a portion of a property is within the one-half mile walking distance, the entire property shall be deemed to fall within Parking Zone A.

      2.   Parking Zone B. All properties not located within Parking Zone A shall be classified as Parking Zone B.

 

(Ord. 2009-01, passed 3-9-2009; Ord. 2013-3, passed 5-22-2013; Ord. 2016-3, passed 3-28-2016; Ord. 2017-12, passed 11-27-2017; Ord. 2022-01, passed 5-9-2022; Ord. 2024-07, passed 11-25-2024)

   A.   Parking reductions allowed by right. The following reductions of minimum required parking may be taken by right. Reductions provided below may not be taken jointly. The reductions allowed by this section may not be used in conjunction with the reductions allowed by subsection B. below. In determining walking distance, the shortest distance measured along sidewalks, improved pedestrian ways or streets , where sidewalks or improved pedestrian ways are not present, shall be used. Walking distance shall be measured from the point on the subject lot located nearest to the transit stop along the shortest course.

      1.   Property owners shall be allowed to redevelop any portion of existing off-street parking areas for bicycle-oriented and transit-oriented facilities, including bicycle parking, bus stops and pullouts, bus shelters, park and ride stations, and similar facilities. This provision applies even if the reduction in parking spaces results in fewer parking spaces than this code requires.

      2.   Parking requirements shall be reduced by one off-street parking space for each three kilowatts of capacity in solar panels or wind power that will be provided in a development

      3.   Parking requirements shall be reduced by one off-street parking space for each dedicated car-sharing parking space in a development. Dedicated car-sharing parking spaces shall count as spaces for parking requirements.

      4.   Parking requirements shall be reduced by two off-street parking spaces for every electric vehicle charging station provided in a development. Parking spaces that include electric vehicle charging while an automobile is parked shall count towards parking requirements.

      5.   Parking requirements shall be reduced by one off-street parking space for every two units in a development above minimum requirements that are fully accessible to people with mobility disabilities.

   B.   Modification of minimum off-street parking requirements. Subject to § 17.2.200, Conditional Uses:

      1.   A reduction of up to 25% of the total required parking may be granted for new development , redevelopment and substantial improvements , subject to the other requirements of this section, in such cases where:

         a.   The project is utilizing shared parking where the amount of shared parking is based on a blended ratio and the land uses are shown to be complimentary and will, by virtue of their proximity, reduce the number of vehicle trips generated and the amount of parking needed.

         b.   For mixed use projects, the site is located within Parking Zone A and no less than one-half of the total gross floor area is dedicated to residential uses.

         c.   For the purposes of this section, “substantial improvement ” shall mean any construction, renovation, or modification where the value of the proposed site and building improvements exceeds 30% of the value of the land and buildings thereon.

   C.   Modification of maximum off-street parking requirements. Maximum parking allowed may be modified as follows.

      1.   Maximum parking allowed may be increased up to 15% of the applicable standard, subject to the requirements of this section and further subject to compliance with all zoning standards and management of related stormwater runoff.

      2.   Overflow parking areas using “grass-crete” or similar reinforced, drained and seeded hard surface alternatives may be approved for up to an additional 25% of parking spaces allowed in Table 8-4.

      3.   Mitigation of adverse impacts may be required as a condition to make an increase of required parking acceptable.

      4.   Non-surface parking, such as tuck-under parking, underground, and subsurface parking, and parking structures may be exempted from the calculations in this section.

   D.   Procedure for review. The Director may authorize modifications pursuant to this section; unless the application is under review by the Planning Commission or the Design Commission, in which case the Planning Commission or the Design Commission shall consider the request for modification.

      1.   Parking and traffic analyses needed to demonstrate the feasibility of modifications requested pursuant to this section shall be prepared by a qualified professional, using methods generally accepted in the field.

      2.   The applicant shall follow procedures and criteria for Adjustments or Variances as described in Article 2.

(Ord. 2009-01, passed 3-9-2009; Ord. 2013-3, passed 5-22-2013; Ord. 2022-01, passed 5-9-2022; Ord. 2024-07, passed 11-25-2024)

      1.   Development s not required to comply with O.A.R. 330-135-0010 (1.5% for green public buildings) that provide more than one-half acre of new off-street parking must provide a climate mitigation action. Climate mitigation actions shall include at least one of the following:

         a.   Installation of solar panels with a generation capacity of at least one-half kilowatt per new off-street parking space. Panels may be located anywhere on the property;

         b.   Payment of at least $1,500 per new off-street parking space into a city or county fund dedicated to equitable solar or wind energy development or a fund at the Oregon Department of Energy designated for such purpose;

         c.   Tree canopy covering at least 40% of the new parking lot area at maturity but no more than 15 years after planting; or

         d.   A mixture of actions under divisions a. through c. the city or county deems to meet the purpose of this section.

      3.   Development s must provide pedestrian connections throughout the parking lot, connecting at minimum the following, except where not practical due to site-specific conditions:

         a.   Building entrances;

         b.   Existing or planned pedestrian facilities in the adjacent public rights-of-way;

         c.   Transit stops; and

         d.   Accessible parking spaces .

      4.   Development of a tree canopy plan under this section shall be done in coordination with the local electric utility, including pre-design, design, building and maintenance phases.

      5.   In providing trees under divisions B.1. and B.2., the following standards shall be met.

         a.   Trees must be planted and maintained to maximize their root health and chances for survival, including having ample high-quality soil, space for root growth, and reliable irrigation according to the needs of the species.

         b.   Trees should be planted in continuous trenches where possible.

         c.   The minimum standards for tree planting are no lower than the 2021 American National Standards Institute (ANSI A300 standards).

(Ord. 2024-07, passed 11-25-2024)

   A.   In new developments, parking spaces for each residential unit in multi-unit housing developments must be unbundled parking upon lease creation, lease renewal, or sale.

   B.   In new developments, parking spaces serving leased commercial developments must be unbundled parking upon lease creation or renewal.

(Ord. 2024-07, passed 11-25-2024)

   A.   No backing movement. Excluding single-family and duplex residences, groups of more than two parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way would be required.

   B.   Free flow of traffic. Service drives shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress , and maximum safety of pedestrians and vehicular traffic on the site .

   C.   Parking accessible from street . Each parking and/or loading space shall be accessible from a street and the access shall be of a width and location as described in §§ 17.8.100 et seq. for Access and Circulation.

   D.   Parking space , stall and accessaisle dimensions. Parking space configuration, stall and access  aisle size shall be of sufficient width for all vehicles turning and maneuvering, based on the standards shown in Figures 8-11 and 8-12.

   E.   Permanent marking. Except for single-family and duplex residences, any area intended to be used to meet the off-street parking requirements shall have all parking spaces clearly marked using permanent paint. All interior drives and access  aisles shall be clearly marked and signed to show direction of traffic flow and maintain vehicular and pedestrian safety.

   F.   Surfacing. 

      1.   Except for single-family and duplex residences, all areas used for the parking and/or storage and/or maneuvering of any vehicle, boat and/or trailer shall be improved with asphalt or concrete surfaces according to the same standards required for the construction and acceptance of city streets .

      2.   Off-street parking spaces for single-family and duplex residences shall be improved with an asphalt or concrete surface to specifications as approved by the Building Official.

      3.   Where possible, pervious surfacing should be used for off-street parking areas.

      4.   The uses and operations listed below may provide alternative surfacing, such as gravel or other similar semi-pervious surfaces, from the above requirements for vehicular parking or storage areas. Driveways and access aprons which connect to any paved access road and/or public street shall meet the surfacing requirements listed above.

         a.   Community recreation;

         b.   Agriculture/horticulture;

         c.   Outdoor storage.

            i.   Allowed as an accessory use to a primary use and limited to uses located in the Light Industrial (LI) and General Industrial (GI) zones;

            ii.   Any outdoor storage that would otherwise be visible at the property line shall be screened from view at the abutting property line by a sight obscuring fence or planting not less than six feet in height;

            iii.   The property owner shall maintain a gravel storage area to ensure continued drainage and dust control; and

            iv.   Does not include self-service storage provided for rental of storage space to the public for personal vehicles, recreational vehicles, boats or other personal property. Self-service storage shall be subject the surfacing requirements of § 17.8.525.F.1 above.

   G.   Wheel stops. Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least four inches high located one and one-half feet back from the front of the parking stall as defined in Figure 8-7.

   H.   Drainage. Off-street parking and loading areas shall provide stormwater drainage in accordance with specifications approved by the City Engineer . Off-street parking and loading facilities shall be drained to avoid flow of water across public sidewalks.

   I.   Lighting. Artificial lighting on all off-street parking facilities shall be designed to deflect all light away from surrounding residences and so as not to create a glare hazard to the public use of any road or street .

   J.   Maintenance. All parking lots shall be kept clean and in good repair at all times. Breaks in paved surfaces shall be repaired promptly and broken or splintered wheel stops shall be replaced so that their function will not be impaired.

   K.   Parking lots over three acres in size. Parking lots over three acres in size shall be designed to incorporate curbs and sidewalks along major drive aisles .