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The purpose of this chapter is to:

A.

Carry out the comprehensive plan with respect to development standards and policies;

B.

Insure that natural features of the landscape, such as landforms, natural drainage-ways, trees and wooded areas, are preserved as much as possible and protected during construction;

C.

Promote energy conservation and efficiency in development through site planning and landscaping; and

D.

Promote and maintain healthy environments and minimize development impacts upon surrounding properties and neighborhoods.

(Ord. 17-2003 § 1 (part))

A.

The standards set forth in this chapter shall apply to partitions, subdivisions, planned unit developments, commercial and industrial projects, single family dwellings, duplexes, and multi-family structures.

Developments outside the city which will tie into or take access from city streets, or increase the flow or change the point of discharge to the city storm drainage system, shall be subject to the improvement standards set forth in this title to the extent necessary to mitigate the impacts to these systems.

B.

The application of these standards to a particular development shall be modified as follows:

1.

Development standards that are unique to a particular use, or special use, shall be set forth within the district.

2.

Those development standards which are unique to a particular district shall be set forth in the section governing that district.

C.

No public works construction shall be undertaken until an agreement is executed between the developer and the city specifying the period within which required improvements and repairs shall be completed, as well as referencing the terms and conditions under which the city has approved the development. The agreement shall be in the form acceptable to the city attorney.

(Ord. 17-2003 § 1 (part))

Standards for the provision and utilization of public facilities or services available within the city of Gervais shall apply to all land developments in accordance with the following table of reference. No development permit shall be approved unless the following improvements are provided for prior to occupancy or operation, or unless future provision is assured in accordance with Chapter 17.204.

;b;Public Facilities Improvement Requirements Table;\b>

Legend: No = Not required Yes = Required C = Conditional, as noted:

C-1. New single-family dwellings are required to provide a non-remonstrance agreement regarding future street improvements. New single-family dwellings that require a street extension must provide street improvements to meet city standards.

C-2. Fire hydrants for new commercial or industrial uses, industrial expansions, and residential uses: one or more fire hydrants may be required as per the Uniform Building Code and Uniform Fire Code or if adequate fire flows are not available to the site. If the existing water lines are insufficient to provide adequate fire flows, water lines shall be upgraded to provide sufficient capacity.

C-3. New duplex: or multi-family developments are responsible for a 3/4 street improvement to city street standards for all boundary streets (See Section 17.120.050).

C-4. Street improvements for commercial or industrial expansions: The city will require improvement to full city standards when the use meets any of the following criteria:

a.

The expanded use generates an average of one hundred plus (100+) trips per day as documented in the trip generation manual of the Institute of Transportation Engineers or other qualified source; or

b.

The expanded use includes at least weekly shipping and delivery trips by vehicles over twenty thousand (20,000) pounds gross vehicle weight; or

c.

The subject use expands by at least twenty-five (25) percent.

(Ord. 17-2003 § 1 (part))

The design of all improvements within existing and proposed rights-of-way and easements, all improvements to be maintained by the city, and all improvements for which city approval is required, shall comply with the requirements of the most recently adopted Gervais public works construction standards.

(Ord. 17-2003 § 1 (part))

The following basic requirements shall apply to all conventional, prefabricated, manufactured, or any other residential dwelling known by any other definition within the city of Gervais:

A.

Any residential dwelling placed within the city of Gervais shall have been built or manufactured within one year prior to the date of placement.

B.

All residential dwellings shall have an enclosed living space of not less than one thousand (1,000) square feet.

C.

All residential dwellings shall be required to have a garage or carport subject to the following:

1.

The garage or carport shall be built of like materials as the dwelling. Any exceptions must be reviewed and approved by the city council as a variance request.

2.

Permits for the carport or garage shall be submitted with the building permit for the manufactured, prefabricated, or conventional residential dwelling.

3.

Carports shall be required to a have a minimum storage unit encompassing sixty (60) square feet.

4.

The carport or garage shall be built or placed prior to occupying the residential dwelling.

5.

The garage or carport shall not be converted to any other type of dwelling or living space without city council approval, and in no case shall it be converted where it reduces the required off-street parking.

6.

A violation of any provision of this section of the ordinance is a Class I civil infraction, which may result in a fine of up to five hundred dollars ($500.00).

(Ord. 17-2003 § 1 (part))

(Ord. No. 15-001, § 2(Exh. B), 7-2-2015)

A.

To provide for safe, efficient, and convenient vehicular movement in the city;

B.

To provide adequate access to all proposed and anticipated developments in the city; and

C.

To provide adequate area in all public rights-of-way for sidewalks, sanitary sewers, storm sewers, water lines, natural gas lines, power lines, and other utilities commonly and appropriately placed in such rights-of-way.

(Ord. 17-2003 § 1 (part))

The provisions of this chapter shall be applicable to:

A.

The creation, dedication, or construction of all new public or private streets, pedestrian facilities, and bikeways in all subdivisions, partitions, or other developments in the city;

B.

The extension or widening of existing public or private street rights-of-way, easements, or street improvements including those which may be proposed by an individual or the city, or which may be required by the city in association with other development approvals;

C.

The construction or modification of any utilities, bikeways, or sidewalks in public rights-of-way or private street easements; and

D.

The planting of street trees or other landscape materials in public rights-of-way.

(Ord. 17-2003 § 1 (part))

The following provisions shall apply to the dedication, construction, improvement, or other development of all public streets in the city, and are intended to provide a general overview of typical minimum design standards. All streets shall be designed in conformance with the specific requirements of the most recently adopted Gervais public works construction standards.

The standard sections contained in the Gervais public works construction standards are minimum requirements only and shall not be construed as prohibiting the city engineer from requiring thicker sections or engineer designed pavement sections in lieu of standard sections where conditions warrant.

A.

The location, width, and grade of streets shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and to the proposed use of the land to be served by the streets.

B.

Development proposals shall provide for the continuation, and connection to, all streets, bikeways and pedestrian facilities within the development and to existing streets, bikeways and pedestrian facilities outside the development.

C.

Alignment. All streets other than minor streets or cul-de-sacs, as far as practical, shall be in alignment with existing streets by continuation of the centerline thereof. The staggering of street alignments resulting in "T" intersections shall leave a minimum distance recommended by the city engineer.

D.

Future extension of streets. Where necessary to give access to or permit a satisfactory future development of adjoining land, streets, bikeways and pedestrian facilities, shall be extended to the boundary of a tract being developed. Reserve strips and street plugs may be required to preserve the objectives of street extensions.

E.

Existing streets.

1.

Full street improvements to all existing streets adjacent to, within or necessary to serve the property, shall be required at the time of partitioning or development, unless the applicant demonstrates to the satisfaction of the city engineer that the condition and sections of the existing streets meet city standards and are in satisfactory condition to handle projected traffic loads.

2.

The city may allow the applicant to record an approved improvement deferral agreement, see Section 17.204.030, in lieu of street improvements where the following criteria are met:

a.

The contiguous length of the existing street to be improved (including the portion of the existing streets which must be improved to serve the development) is less than two hundred fifty (250) feet; and

b.

The existing roadway condition and sections are adequate to handle existing and projected traffic loads; and

c.

Existing public utilities (water, sanitary sewer and storm sewer) located within the existing roadway are adequate, or can be improved without damaging the existing roadway surface.

F.

New streets. Where new streets are created, full street improvements shall be required. Three-quarter streets may be approved in lieu of full street improvements on boundary streets when the city finds it to be practical to require the completion of the other 1/4 street improvement when the adjoining property is developed. The city may allow 3/4 street improvements if all of the following criteria are met:

1.

The adjoining land abutting the opposite side of the street is undeveloped; and

2.

Storm water drainage is provided for on the non-curbed side of 3/4 street improvements in areas judged by the city engineer to have drainage concerns.

One foot wide reserve strips and street plugs may be required to preserve the objectives of 3/4 streets.

G.

Cul-de-sacs. Cul-de-sacs shall have maximum lengths of four hundred (400) feet and serve no more than eighteen (18) dwelling units. All cul-de-sacs shall terminate with circular turn-a-rounds.

H.

Dead-end streets. When it appears necessary to continue a street or public access way into a future subdivision or adjacent acreage, streets, or public access way shall be platted to a boundary of a subdivision or partition. The street may be platted without a turnaround unless the city council finds that a turnaround is necessary.

I.

Street names. Street names and numbers shall conform to the established pattern in the city and shall be subject to the approval of the city. Street names shall be required for all new publicly dedicated streets and private streets.

J.

Grades and curves. To provide for adequate drainage, all streets shall have a minimum slope of 0.5 percent. Center line radii of curves shall not be less than three hundred (300) feet on major arterials, two hundred (200) feet on minor arterials, or one hundred (100) feet on other streets, and shall be to an even ten (10) feet. On arterials there shall be a tangent of not less than one hundred (100) feet between reversed curves.

K.

Marginal access streets. If a development abuts or contains an existing or proposed arterial street or railroad right-of-way, the city may require marginal access streets, reverse frontage lots with suitable depth, screen planting contained in a non-access reservation along the rear or side property line, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

L.

Vision clearance area. Vision clearance areas shall be maintained on corner lots at the intersection of all public streets and at the intersections of a public street with a private street as outlined in Section 17.80.080.

(Ord. 17-2003 § 1 (part))

The following standards are general criteria for public streets, bikeways and sidewalks in the city. These standards shall be the minimum requirements for all streets, except where modifications are permitted under Section 17.52.050.

The property line radius at intersections of local streets shall be twenty (20) feet. All other intersection property line radii shall be according to the specifications of the city engineer.

(Ord. 17-2003 § 1 (part))

The city, pursuant to the review procedures of Chapter 17.184, may allow modification to the public street standards of Section 17.52.040, when both of the following criteria are satisfied:

A.

The modification is necessary to provide design flexibility in instances where:

1.

Unusual topographic conditions require a reduced width or grade separation of improved surfaces; or

2.

Parcel shape or configuration precludes accessing a proposed development with a street which meets the full standards of Section 17.52.040; or

3.

A modification is necessary to preserve trees or other natural features determined by the city to be significant to the aesthetic character of the area; or

4.

A planned unit development is proposed and the modification of street standards is necessary to provide greater privacy or aesthetic quality to the development.

B.

Modification of the standards of Section 17.52.040 shall only be approved if the city finds that the specific design proposed provides adequate vehicular access based on anticipated traffic volumes.

(Ord. 17-2003 § 1 (part))

Streets and other right-of-ways serving a planned unit development that are not dedicated for public use shall comply with the following:

A.

Private streets shall only be allowed where the applicable criteria of Section 17.76.030(C) are satisfied. Private streets serving twenty (20) or fewer dwelling units shall have a minimum easement width of twenty (20) feet and a minimum paved or curbed width of eighteen (18) feet. Private streets serving twenty (20) or more dwelling units shall have a minimum easement width of thirty (30) feet and a minimum paved or curbed width of twenty-eight (28) feet.

B.

Unless otherwise specified in the Gervais public works construction standards, all private streets serving more than two dwelling units shall be constructed to the same pavement section specifications required for public streets. Provision for the maintenance of the street shall be provided in the form of a maintenance agreement, homeowners association, or other instrument acceptable to the city attorney.

C.

A turn-around shall be required for any private street which has only one outlet and which is in excess of two hundred (200) feet long or which serves more than two residences. Turn-arounds for private streets shall be either a circular turn-around with a minimum paved radius of thirty-five (35) feet, or a "tee" or "hammerhead" turn-around with a minimum paved dimension across the "tee" of seventy (70) feet and a twenty (20) foot width with appropriate radius at the corners.

Any grant of a private street or land functioning as an easement shall not be accepted by the city and dedicated for public use except upon approval of the council and upon meeting the specifications of Sections 17.52.020 and 17.52.040.

(Ord. 17-2003 § 1 (part))

A private access easement created as the result of an approved partitioning shall conform to the following:

A.

Partition access easements shall only be allowed where the applicable criteria of Section 17.76.030(C) are satisfied. The easement shall comply with the following standards:

1.

Minimum width: twenty (20) feet;

2.

Minimum paved or curb to curb width: twelve (12) feet;

3.

Maximum length: two hundred fifty (250) feet;

4.

No more than three dwelling units shall have sole access to the easement.

B.

Unless otherwise specified in the Gervais public works construction standards, all private streets serving more than two dwelling units shall be constructed to the same pavement section specifications required for public streets. Provision for the maintenance of the street shall be provided in the form of a maintenance agreement, homeowners association, or other instrument acceptable to the city attorney.

C.

A turn-around shall be required for any access easement which has only one outlet and which is in excess of two hundred (200) feet long or which serves more than two residences. Turn-arounds shall be either a circular turn-around with a minimum paved radius of thirty-five (35) feet, or a "tee" or "hammerhead" turn-around with a minimum paved dimension across the "tee" of seventy (70) feet and a twenty (20) foot width with appropriate radius at the corners.

D.

All private access easements serving more than two residences shall be designated as fire lanes and signed for no parking.

(Ord. 17-2003 § 1 (part))

The purpose of this chapter is to provide adequate areas for the parking, maneuvering, loading and unloading of vehicles for all land uses in the city.

(Ord. 17-2003 § 1 (part))

Development of off-street parking and loading areas for commercial, industrial, or multi-family development shall be subject to the site development review procedures of Chapter 17.144.

The provisions of this chapter shall apply to the following types of development:

A.

Any new building or structure erected after the effective date of the ordinance codified in this chapter;

B.

The construction or provision of additional floor area, seating capacity, or other expansion of an existing building or structure;

C.

A change in the use of a building or structure that would require additional parking spaces or off-street loading areas under the provisions of this chapter; and

D.

As a condition of approval in a land use decision.

(Ord. 17-2003 § 1 (part))

Off-street parking and loading areas shall be provided on the same lot with the main building or structure or use except that for any non-residential use, the parking area may be located off the site of the main building, structure or use if it is within two hundred fifty (250) feet of such site.

(Ord. 17-2003 § 1 (part))

Parking area may be used for a loading area during those times when the parking area is not needed or used. Parking areas may be shared subject to city approval for non-residential uses where hours of operation or use are staggered such that peak demand periods do not occur simultaneously. The requirements of Section 17.56.050 may be reduced accordingly. Such joint use shall not be approved unless satisfactory legal evidence is presented which demonstrates the access and parking rights of parties.

(Ord. 17-2003 § 1 (part))

Off-street parking shall be provided as required by Section 17.56.080 and approved by the city in the amount not less than listed below:

Residential

Public Uses

Commercial Uses

Industrial Uses

(Ord. 17-2003 § 1 (part))

(Ord. No. 18-005, § 2(Exh. B), 7-5-2018)

All residential driveways shall be paved and have a minimum ten (10) foot approach width from the curb line. The maximum single use residential driveway approach width shall be twenty (20) feet.

(Ord. 17-2003 § 1 (part))

Buildings or structures to be built or substantially altered which receive and distribute materials and merchandise by trucks shall provide and maintain off-street loading berths in sufficient number and size to adequately handle the needs of the particular use.

A.

The following standards shall be used in establishing the minimum number of berths required:

 Note: For buildings or structures up to six thousand (6,000) s.f., regular off-street parking areas may be used to meet the off-street loading requirements.

B.

A loading berth shall contain a space a minimum of twelve (12) feet wide and thirty-five (35) feet long and have a vertical clearance of fourteen (14) feet. Where the vehicles generally used for loading and unloading exceed these dimensions, the required size of these berths shall be increased.

(Ord. 17-2003 § 1 (part))

All parking and loading areas, except those for single-family dwellings, shall be developed and maintained as follows:

A.

Surfacing. All driveways, parking, and loading areas shall have a durable, hard surface.

B.

Parking spaces. Parking spaces shall be a minimum nine feet wide and eighteen (18) feet in length.

C.

Driveways. The following driveway dimensions shall apply:

D.

Areas used for parking and maneuvering of vehicles shall be drained as to avoid flow of water across sidewalks.

E.

Except for parking to serve residential uses, parking and loading areas adjacent to residential zones or adjacent to residential uses shall be designed to minimize disturbance of residents.

F.

Groups of more than four parking spaces shall be so located and served by a driveway that their use will require no backing movements or other maneuvering within a street right-of-way other than an alley.

G.

Service drives to off-street parking areas shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress and the maximum safety of pedestrians and vehicular traffic on the site.

H.

Service drive exits shall have a minimum triangular vision clearance area two sides of which are formed by the intersection of the driveway centerline and the street right-of-way line, which shall be fifteen (15) feet.

I.

Parking spaces along the outer boundaries of a parking area shall be contained by a curb or a bumper rail at least four inches high, located a minimum of three feet from the property line, to prevent a motor vehicle from extending over an adjacent property or a street.

(Ord. 17-2003 § 1 (part))

A.

The provision and maintenance of off-street parking and loading space is a continuing obligation of the property owner. No building permit shall be issued until plans are presented that show an area that is and will remain available for exclusive use as off-street parking and loading space. The subsequent use of property for which the building permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking and loading space required by this chapter. Should the owner or occupant of any lot or building change the use to which the lot or building is put, thereby increasing off-street parking and loading requirements, it shall be unlawful and a violation of this chapter to begin or maintain such altered use until such time as the increased off-street parking and loading requirements are observed.

B.

Requirements for types of buildings and uses not specifically listed in this chapter shall be determined by the city council based upon the requirements of comparable uses listed and expectations of parking and loading need.

C.

In the event several uses occupy a single structure or parcel of land, the total requirements for off-street parking shall be the sum of the requirements of the several uses computed separately, unless a reduction is approved for shared parking pursuant to Section 17.56.040.

D.

Required parking spaces shall be available for the parking of operable passenger automobiles of residents, customers, patrons, and employees only, and shall not be used for storage of vehicles or materials or for the parking of trucks used in conducting the business or use.

(Ord. 17-2003 § 1 (part))

A.

All parking lots, which for purposes of this section include areas of vehicle maneuvering, parking, and loading, shall be landscaped and screened as follows:

1.

Lighting. Any light used to illuminate parking or loading area shall be arranged to be directed entirely onto the loading or parking area, shall be deflected away from any residential use and shall not cast a glare or reflection onto moving vehicles on the public rights-of-way.

2.

Screening abutting property lines. Parking for commercial, industrial and multifamily uses which abut a residential use or zone property line shall be screened by a five foot landscaped strip. Where a buffer between zones is required, the screening should be incorporated into the required buffer strip, and will not be an additional requirement. The screen shall grow to be at least thirty-six (36) inches higher than the finished grade of the parking areas, except for required vision clearance areas.

3.

Landscape standards. Landscaping within or adjacent to a parking lot shall consist of a minimum of ten (10) percent of the total parking area plus a ratio of one tree per ten (10) parking spaces. Trees and landscaping shall be installed as follows:

a.

The tree species shall be an appropriate large canopied shade tree and shall be selected from the street tree list to avoid root damage to pavement and utilities, and damage from droppings to parked cars and pedestrians.

b.

The tree shall be planted in a landscaped area such that the tree bole is at least three feet from any curb or paved area.

c.

The landscaped area shall be planted with shrubs, grass, or living groundcover to assure ninety (90) percent coverage within two years.

d.

That portion of a required landscaped yard, buffer strip or screening strip abutting parking stalls may be counted toward required parking lot landscaping as long as the tree species, living plant material coverage and placement distribution criteria are also met.

e.

Landscaping should be evenly distributed throughout the parking area and perimeter.

4.

Wheel guards. Parking lot landscaping shall be protected from damage by a secured wheel guards to prevent vehicles entering into landscaped areas.

5.

Hedge screening. The required hedge screen shall be installed as follows:

a.

Evergreen shrubs shall be planted so that eighty (80) percent of the desired screening is achieved within two years, one hundred (100) percent within four years.

b.

Living ground cover in the screen strip such that ninety (90) percent coverage is achieved within two years.

(Ord. 17-2003 § 1 (part))

A.

The following minimum number of bicycle parking spaces shall be provided:

Bicycle parking shall also be required for expansions and other remodeling that increases the required level of automobile parking.

B.

At a minimum, bicycle parking facilities shall be consistent with the following design guidelines:

1.

All bicycle parking shall be within one hundred (100) feet from a building entrance and located within a well-lit and clearly visible area.

2.

Bicycle parking shall be convenient and easy to find. Where necessary, a sign shall be used to direct users to the parking facility.

3.

Each bicycle parking space shall be at least two feet by six feet with a vertical clearance of six feet.

4.

An access aisle of at least five feet shall be provided in each bicycle parking facility.

5.

Bicycle parking facilities shall offer security in the form of either a lockable enclosure in which the bicycle can be stored or a stationary object, i.e., a "rack," upon which the bicycle can be locked. Structures that require a user-supplied lock shall accommodate both cables and U-shaped locks and shall permit the frame and both wheels to be secured (removing the front wheel may be necessary). Note: businesses may provide long-term, employee parking by allowing access to a secure room within a building.

(Ord. 17-2003 § 1 (part))

The number of spaces shall comply with the following:

Striping and signing of the handicap space(s) shall conform to the Oregon Transportation Commission's standards.

(Ord. 17-2003 § 1 (part))

To provide for the drainage of surface water from all residential, commercial and industrial development; to minimize erosion; and to reduce degradation of water quality due to sediments and pollutants in storm water runoff.

(Ord. 17-2003 § 1 (part))

A.

The provisions of this chapter shall apply to all new residential land partitions and subdivisions, planned unit developments, multi-family developments, commercial developments, and industrial development; and to the reconstruction or expansion of such developments.

B.

The provisions of this chapter shall apply to all drainage facilities that impact any public storm drain system, public right-of-way or easement dedicated to or located within all off-street parking and loading areas.

C.

All storm water runoff shall be conveyed to a public storm sewer or natural drainage channel having adequate capacity to carry the flow without overflowing or otherwise causing damage to public and/or private property. In the case of private development, the developer shall pay all costs associated with designing and constructing the facilities necessary to meet this requirement.

(Ord. 17-2003 § 1 (part))

A.

No construction of any facilities in a development included in Section 17.60.020 shall be permitted until a storm drainage and erosion control plan for the project is prepared by an engineer registered in the state of Oregon and approved by the city. This plan shall contain at a minimum:

1.

The methods to be used to minimize the amount of runoff, siltation, and pollution created from the development both during and after construction; and

2.

Plans for the construction of storm sewers, open drainage channels, and other facilities that depict line sizes, profiles, construction specifications, and other such information as is necessary for the city to review the adequacy of the storm drainage plans.

3.

Design calculations shall be submitted for all drainage facilities. These drainage calculations shall be included on the site plan drawings and shall be stamped by a licensed professional engineer in the state of Oregon. Peak design discharges shall be computed using the rational formula and based upon the design criteria outlined in the Gervais public works construction standards and the most current adopted storm drainage master plan.

(Ord. 17-2003 § 1 (part))

A.

All development shall be planned, designed, constructed and maintained to:

1.

Protect and preserve existing natural drainage channels to the maximum practicable extent;

2.

Protect development from flood hazards;

3.

Provide a system by which water within the development will be controlled without causing damage or harm to the natural environment, or to property or persons within the drainage basin;

4.

Assure that waters drained from the development are substantially free of pollutants, through such construction and drainage techniques as sedimentation ponds, reseeding, phasing or grading;

5.

Assure that waters are drained from the development in such a manner that will not cause erosion to any greater extent than would occur in the absence of development;

6.

Provide dry wells, french drains, or similar methods, as necessary to supplement storm drainage systems; and

7.

Avoid placement of surface detention or retention facilities in road rights-of-way.

B.

Where culverts cannot provide sufficient capacity without significant environmental degradation, the city may require the watercourse to be bridged or spanned.

C.

In the event a development or any part thereof is traversed by any watercourse, channel, stream or creek, gulch, or other natural drainage channel, adequate easements for storm drainage purposes shall be provided to the city. This does not imply maintenance by the city.

D.

Channel obstructions are not allowed except as approved for the creation of detention or retention facilities approved under the provisions of this title. Fences with swing gates may be utilized.

E.

Prior to acceptance of a storm sewer system by the city, the storm sewers shall be flushed and inspected by the city. All costs shall be borne by the developer.

G.

The specific location, size and capacity of storm drain facilities will be subject to the approval of the city engineer with reference to the applicable storm drainage master plan. In the absence of an adopted plan, the location, size and capacity will be subject to the hydrologic and hydraulic analysis by the developer's engineer and approved by the city engineer. All storm drainage facilities shall be sized to provide adequate capacity during peak flows from the entire area potentially served by such facilities. The city will not expect the developer to pay for the extra pipe size required to accommodate future upstream development. Excavation and installation costs shall remain entirely the developer's responsibility.

H.

Easements for creeks and other watercourses shall be provided and shall extend fifteen (15) feet in each direction from the waterway centerline, ten feet from the top of a recognizable bank, or sufficient width to pass ten (10) year flood flows or one hundred (100) year floodway on FEMA regulated stream, whichever is greater. The easements required by this section shall be held to prohibit the placement of any building on or over the easement, but shall not preclude landscaping, and shall be held to require restoration of the site following any excavation or other disturbance permitted by the easement.

(Ord. 17-2003 § 1 (part))

To provide adequate services and facilities appropriate to the scale and type of development.

(Ord. 17-2003 § 1 (part))

A.

The design of all improvements within existing and proposed rights-of-way and easements, all improvements to be maintained by the city, and all improvements for which city approval is required, shall comply with the requirements of the most current adopted Gervais public works construction standards.

B.

The location, design, installation and maintenance of all utility lines and facilities shall be carried out with minimum feasible disturbance of soil and site.

C.

Standards for water improvements.

1.

All developments shall be required to be linked to existing water facilities adequately sized to serve their intended area by the construction of water distribution lines, reservoirs and pumping station which connect to such water service facilities. All necessary easements required for the construction of these facilities shall be obtained by the developer and granted to the city pursuant to the requirements of the city.

2.

Specific location, size and capacity of such facilities will be subject to the approval of the city engineer with reference to the most current adopted city of Gervais water master plan. All water facilities shall conform with existing city pressure zones and shall be looped where necessary to provide adequate pressure and fire flows during peak demand at every point within the system in the development to which the water facilities will be connected. The city will not expect the developer to pay for the extra pipe material cost for waterlines exceeding eight inches in size. Installation costs shall remain entirely the developer's responsibility.

3.

The design of the water facilities shall take into account provisions for the future extension beyond the development to serve adjacent properties that, in the judgment of the city, cannot be feasibly served otherwise.

4.

Design, construction and material standards shall be as specified by the city engineer for the construction of such public water facilities in the city.

D.

Standards for sanitary sewer improvements.

1.

All developments shall be required to be linked to existing sanitary sewer collection facilities adequately sized to serve their intended area by the construction of sewer lines which connect to existing adequately sized sewer facilities. All necessary easements required for the construction of these facilities shall be obtained by the developer and granted to the city pursuant to the requirements of the city.

2.

Specific location, size and capacity of such facilities will be subject to the approval of the city engineer with reference to the most current adopted wastewater facilities plan. All sewer facilities shall be sized to provide adequate capacity during peak flows from the entire area potentially served by such facilities. The city will not expect the developer to pay for the extra pipe material cost for sanitary sewer lines exceeding twelve (12) inches in size. Installation costs shall remain entirely the developer's responsibility.

3.

All properties shall be provided with gravity sanitary sewer service to a public sanitary sewer system except for parcels, which have unique topographic or other natural features, which make gravity sewer extension impractical as determined by the city engineer. Pumping stations will be allowed only when it has been demonstrated to the satisfaction of the city engineer that the development cannot be served by gravity. Maintenance of residential pumping stations are the responsibility of the property owner.

4.

Temporary sewer service facilities, including pumping stations, will be permitted only if the city engineer approves the temporary facilities, including all facilities necessary for transition to permanent facilities.

5.

The design of the sewer facilities shall take into account provisions for the future extension beyond the development to serve upstream properties that, in the judgment of the city, cannot be feasibly served otherwise.

6.

All land divisions or other developments requiring subsurface sanitary sewer disposal systems shall be prohibited.

7.

Design, construction and material standards shall be as specified by the city engineer for the construction of such sewer facilities in the city.

8.

Prior to acceptance of the sanitary sewer system by the city, the sewers shall be flushed and inspected by the city as required by the Gervais public works construction standards. All costs shall be borne by the developer.

E.

Street lights. All developments shall include underground electric service, light standards, wiring and lamps for street lights according to the specifications and standards of the city engineer. The developer shall install all such facilities and make the necessary arrangements with the serving electric utility for the street lighting system or a city owned and operated street lighting system to be served at the lowest applicable rate available to the city. Upon the city's acceptance of the public improvements associated with the development, the street lighting system, exclusive of utility owned service lines, shall be and become the property of the city.

F.

Private utilities. All development which has a need for private utilities, including but not limited to electricity, gas, and communications services shall install them pursuant to the requirements of the district or company serving the development.

1.

Except as otherwise provided in this chapter, all utility lines, cables or wires, including but not limited to those used for electricity, communication services, and street lighting, which are on or adjacent to land partitioned, subdivided or developed within the city of Gervais after the effective date of the ordinance codified in this chapter, shall be required to be placed underground. The intent of the city is that no poles, towers, or other structures associated with utility facilities shall be permitted on any street or lot within or adjacent to such partition, subdivision or development.

2.

Exceptions. Above ground facilities shall be permitted for the following in which case the above provisions shall not apply:

a.

Emergency installations or electric transmission lines to or through feeders operating at distribution voltages which act as a main source of supply to primary lateral and to direct connected distribution transformers and primary loads.

Should it be necessary to increase the capacity of major power transmission facilities for service to the area, such new or revised installations shall be made only on rights-of-way or easements on which existing overhead facilities exist at the time of such capacity increase.

b.

Appurtenances and associated equipment such as surface-mounted transformers, pedestal-mounted terminal boxes, meter cabinets, telephone cable closures, connection boxes and the like.

c.

Structures without overhead wires, used exclusively for fire alarm boxes, streetlights, or municipal equipment installed under the supervision and with the approval of the city engineer.

d.

Power substations, pumping plants, and similar facilities necessary for transmission or distribution of utility services shall be permitted subject to compliance with all zoning regulations and other applicable land use regulations.

The engineer for all such facilities, prior to any construction being started, shall approve plans showing landscaping and screening.

e.

Certain industries requiring exceptionally large power supplies may request direct overhead power as a condition.

f.

If existing overhead utilities within or adjacent to the development total less than one hundred fifty (150) linear feet, the city may allow the applicant to record an approved improvement deferral agreement, see Section 17.204.030, in lieu of relocating existing private utilities underground at the time of development.

3.

Information on development plans. The developer or subdivider shall show on the development plan or in his explanatory information, easements for all underground utility facilities. Plans showing the location of all underground facilities as described in this chapter shall be submitted to the city engineer for review and approval. Care shall be taken in all cases to ensure that aboveground equipment does not obstruct vision clearance areas for vehicular traffic.

4.

Future installations. The owner(s) or contract purchaser(s) of subdivided real property within a subdivision shall, upon conveyance or transfer of any interest including a leasehold interest in or to any lot or parcel of land, provide in the instrument conveying such interest a covenant running with and appurtenant to the land transferred under which grantee(s) or lessee(s), their heirs, successors, or assigns mutually covenant not to erect or allow to be erected upon the property conveyed any overhead utility facilities, including electric, communication, and cable television lines, poles, guys, or related facilities, except such facilities as are exempt from underground installation under this title or are owned or operated by the city. Such covenant shall require grantees to install, maintain, and use underground electric, telephone, cable television, or other utility services used or to be used to serve the premises. A copy of the covenant shall be submitted with the final plats.

G.

Easements for public and private utilities shall be provided as deemed necessary by the city, special districts, and utility companies. Easements for special purpose uses shall be of a width deemed appropriate by the responsible agency. Such easements shall be recorded on easement forms approved by the city attorney and designated on the final plat of all subdivisions and partitions. Minimum required easement width and locations are as follows:

(1)

Centered on utility line

(2)

Centered on property line, where possible

(3)

All property lines fronting existing or proposed street rights-of-way

(4)

Measured from edge of right-of-way

(5)

Determined on a case-by-case basis

(Ord. 17-2003 § 1 (part))

The purpose of these sign regulations is to provide equitable signage rights, reduce signage conflicts, promote traffic and pedestrian safety, and increase the aesthetic value and economic viability of the city, all by classifying and regulating the location, size, type and number of signs and related matters, in a content-neutral manner.

(Ord. 17-2003 § 1 (part))

See "Signs," Section 17.16.020.

(Ord. 17-2003 § 1 (part))

A.

Conflicting standards. Signs shall be allowed subject to the provisions of this subsection, except when these provisions conflict with the specific standards for signs in the subject district.

B.

Signs subject to state approval. All signs visible to the traveling public from state highways are further subject to the regulations and permit requirements of the state of Oregon, Department of Transportation.

C.

Uniform sign code. All signs shall comply with the provisions of the uniform sign code of the uniform building code.

D.

Sign clearances. A minimum of eight feet above sidewalks and fifteen (15) feet above driveways shall be provided under all signs.

(Ord. 17-2003 § 1 (part))

The following signs and sign work are permitted in all zones. These signs shall not require a permit, and shall not be included when determining compliance with total allowed area:

A.

Painting, change of sign face or copy and maintenance of signs legally existing on the effective date of the ordinance codified in this chapter. If structural changes are made, or there is a change of use, the sign shall conform in all respects with these regulations.

B.

Temporary signs that do not exceed six square feet in area. No lot may display temporary signs for more than ninety (90) days in any three hundred sixty-five (365) day period. Only one temporary sign per lot may be displayed at a time.

C.

Real estate signs not exceeding six square feet that advertise the sale, rental or lease of premises upon which the sign is located. Real estate signs may be used up to two years without a permit.

D.

Signs posted by or under governmental authority including legal notices, traffic, danger, no trespassing, emergency and signs related to public services or safety.

E.

Incidental signs that do not exceed two square feet.

F.

Flags on permanent flagpoles that are designed to allow raising and lowering of the flags.

G.

Signs within a building.

H.

In a commercial zone, signs painted or hung on the inside of windows.

I.

Residential name plates shall not exceed two square feet. Only one such sign shall be permitted upon the premises and may only be indirectly illuminated.

(Ord. 17-2003 § 1 (part))

The following signs are prohibited:

A.

Balloons or similar types of tethered objects;

B.

Portable signs;

C.

Roof signs;

D.

Signs that emit odor, visible matter, or sound, however an intercom system for customers remaining in their vehicles, such as used in banks and "drive thru" restaurants, shall be allowed;

E.

Signs that use or employ side guy lines of any type;

F.

Signs that obstruct any fire escape, required exit, window or door opening used as a means of egress;

G.

Signs closer than twenty-four (24) inches horizontally or vertically from any overhead power line or public utility guy wire;

H.

No vehicle or trailer shall be parked on a public right-of-way or public property, or on private property so as to be visible from a public right-of-way which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby premises. This provision applies where the primary purpose of a vehicle is for advertising purposes and is not intended to prohibit any form of vehicular sign, such as a sign attached to a motor vehicle which is primarily used for business purposes, other than advertising;

I.

Rotating/revolving signs, except by conditional use permit;

J.

Flashing signs;

K.

Private signs that project into or over driveways and public right-of-ways, except signs under a canopy that projects over a public sidewalk and the sign is not less than eight feet above the sidewalk;

L.

Signs that obstruct required vision clearance area or obstruct a vehicle driver's view of official traffic control signs and approaching or merging traffic, or which present a traffic hazard;

M.

Signs that interfere with, imitate, or resemble any official traffic control sign, signal or device, emergency lights, or appears to direct traffic, such as a beacon light;

N.

Signs attached to any pole, post, utility pole or placed on its own stake and placed into the ground in the public right-of-way;

O.

Message signs, except by conditional use permit;

P.

Projecting signs;

Q.

Any sign on unimproved property, unless allowed as a temporary sign; and

R.

Any illegible sign or sign that has twenty-five (25) percent or more of its surface destroyed, defaced, missing or inaccurately represents the name or nature of the current business(es) occupying the structure.

(Ord. 17-2003 § 1 (part))

The following regulations apply to signs in the R-1 and R-2 zones:

A.

Maximum number. Any combination of wall, canopy or free-standing signs not exceeding the sign area and height limitations of this chapter; plus signs allowed in Section 17.68.040.

B.

Maximum total sign area for property on which the building or buildings are located:

1.

Single-family, duplex and triplex dwellings: two square feet, for home occupations only.

2.

Multiple family dwelling: two square feet, for home occupations only.

3.

Public and semi-public: fifty (50) square feet provided total sign area on a freestanding sign shall be limited to a maximum of twenty-four (24) square feet.

C.

Maximum sign height:

1.

Wall, canopy or window sign: four feet.

2.

Free-standing sign: six feet.

D.

Location:

1.

Wall, canopy or window sign: shall be set back from the property lines of the lot on which it is located, the same distance as the building containing the permitted use.

2.

Free-standing sign: where fences are allowed.

E.

Illumination. Signs may only be indirectly illuminated by a concealed light source, shall not remain illuminated between the hours of 11:00 p.m. and 6:00 a.m., and shall not flash, blink, fluctuate or produce glare.

(Ord. 17-2003 § 1 (part))

The following regulations apply to signs in the CR, CG and LI zones:

A.

Total allowed area. Total allowed area shall be limited to one square foot for each foot of street frontage but shall not exceed a total of fifty (50) square feet sign.

B.

Type, maximum number and size of signs. One freestanding sign per street frontage, and a total of no more than two wall or canopy signs.

C.

Maximum sign height.

1.

Wall and canopy signs shall not project above the parapet or roof eaves.

2.

Free-standing signs: maximum total height of ten (10) feet.

D.

Location.

1.

Wall signs may project up to 1.5 feet from the building.

2.

Free-standing sign and monument signs: no limitation except shall not project over street right-of-way and shall comply with requirements for vision clearance areas and special street setbacks.

E.

Appearance and construction.

1.

Signs must be built of such materials as to be consistent with the age, appearance and purpose of the building(s) adjacent to it.

2.

The design and appearance of all signs must reflect and be consistent with the appearance, design, architecture and historical character of adjacent buildings and uses.

(Ord. 17-2003 § 1 (part))

A.

Along state highways. All off-premise advertising signs that are located along state highways are subject to approval by the Oregon State Highway Division pursuant to the Motorists Information Act.

B.

Billboards. New billboards shall not be allowed in any zoning district.

C.

Political signs. Signs that support or oppose ballot measures, persons running for political office, and other issues subject to a vote by the public may be allowed subject to the following conditions:

1.

Approval must be obtained by the owner of the property on which the sign is to be posted.

2.

Setbacks. Such signs may be located within the required setback area of the district, provided they are situated in a manner so as not to adversely affect safety, corner vision or other similar conditions.

3.

Right-of-way excluded. Signs shall not be posted in rights-of-way, on telephone poles, traffic signs or other public apparatus.

4.

Size. Signs shall not exceed sixteen (16) square feet in size, as viewed from one direction.

5.

Time limit. All such signs shall be removed within one week after the election for which the sign is posted.

D.

Along public roads. Off-premise directional signs of a temporary nature such as those used to direct persons to open houses, garage sales, or special one-day events may be allowed, subject to the following conditions:

1.

Any such sign that is visible from a state highway shall be subject to approval pursuant to Section 17.68.080(A), above.

2.

All such signs shall comply with conditions 1 through 4 under Section 17.68.080(C), above.

3.

Time limit. All such signs shall be removed at the end of the day on which the event, open house or garage sale is conducted.

(Ord. 17-2003 § 1 (part))

A.

Permit required. No property owner, lessee or contractor shall construct or alter any sign without first obtaining a valid sign permit.

B.

Current signs. Owners of conforming or nonconforming signs existing as of the date of adoption of the ordinance codified in this chapter are not required to obtain a permit.

C.

Permit fees. Permit fees shall be established from time to time by city council resolution.

D.

Application requirements. An application for a sign permit shall be made on a form prescribed by the city manager/recorder. The application shall include, at a minimum, a sketch drawn to scale indicating the proposed sign and identifying existing signs on the premises, the sign's location, graphic design, structural and mechanical design and engineering data which ensures its structural stability. The application shall also contain the names and address of the sign company, person authorizing erection of the sign and the owner of the subject property.

The city manager/recorder shall issue a permit for a sign unless the sign is in violation of the provisions of these regulations or other provisions of this code. Sign permits mistakenly issued in violation of these regulations or other provisions of this chapter are void. The city manager/recorder may revoke a sign permit if he or she finds that there was a material and misleading false statement of fact in the application for the permit.

E.

Design, construction, and maintenance. All signs shall be designed, constructed, and maintained according to the following standards:

1.

All signs shall comply with the applicable provisions of the uniform building code in effect at the time of the sign permit application and all other applicable structural, electrical and other regulations. The issuance of a sign permit under these regulations does not relieve the applicant of complying with all other permit requirements.

2.

Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of these regulations, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or other structure by direct attachment to a rigid wall, frame, or structure.

3.

All signs shall be maintained in a good structural condition and readable at all times.

4.

The owner shall be responsible for its erection and maintenance and its compliance with the provisions of these regulations or other laws regulating signs.

(Ord. 17-2003 § 1 (part))

A.

Damaged nonconforming sign faces. When a nonconforming sign face is damaged or destroyed by fire, flood, wind, or other calamity, such sign face may be restored to its original condition provided such work is completed within thirty (30) days of such calamity. A sign structure or support mechanisms so damaged shall not be replaced except in conformance with the provisions of these regulations.

B.

Abandoned signs. All signs for a business shall be removed within thirty days after that business ceases to operate on a regular basis, and the entire sign structure or structures shall be removed within six months of such cessation of operation. Illegal and abandoned signs that are not removed or are erected in violation of this ordinance may be removed by the city of Gervais following notice to the property owner. The property owner will be assessed the cost of sign removal if the owner fails to remove the non-conforming, illegal or abandoned sign and the city exercises its authority under this provision.

(Ord. 17-2003 § 1 (part))

Any allowance for signs not complying with the standards set forth in these regulations shall be by variance. Variances to Chapter 17.68 will be processed according to the procedures in Chapter 17.136; however, the criteria in Chapter 17.136 shall not be used, but instead the following criteria shall be used to review and decide sign variance applications:

A.

There are unique circumstances or conditions of the lot, building or traffic pattern such that the existing sign regulations create an undue hardship;

B.

The requested variance is consistent with the purpose of the chapter as stated in Section 17.68.010; and

C.

The granting of the variance compensates for those circumstances in a manner equitable with other property owners and is thus not a special privilege to any other business. The variance requested shall be the minimum necessary to compensate for those conditions and achieve the purpose of this chapter.

D.

The granting of the variance shall not decrease traffic safety nor detrimentally affect any other identified items of public welfare.

E.

The variance will not result in a special advertising advantage in relation to neighboring businesses or businesses of a similar nature. The desire to match standard sign sizes (for example, chain store signs) shall not be listed or considered as a reason for a variance.

F.

The variance request shall not be the result of a self-imposed condition or hardship.

(Ord. 17-2003 § 1 (part))

The purpose of this section is to establish standards to encourage quality landscaping that will contribute to the appearance and aesthetic appeal of the city of Gervais.

(Ord. 17-2003 § 1 (part))

All construction, expansion, or redevelopment of structures or parking lots for commercial, multi-family, or industrial uses shall be subject to the landscaping requirements of this chapter.

(Ord. 17-2003 § 1 (part))

A.

Landscaping plans shall be submitted as required by the site development review of Chapter 17.144.

B.

Submittal requirements.

The applicant shall submit a landscape plan for approval that includes:

1.

The percentage of the gross area to be landscaped;

2.

The location, type, size, and species of existing and proposed plant materials;

3.

All existing and proposed site features including walkways, graveled areas, mailboxes, street lamps, patios, terraces, courts, fences, decks, foundations, potted trees and potted plants, and other open spaces;

4.

The location and height of fences, buffers, and screening;

5.

The location of underground irrigation system sprinkler heads where applicable; and

6.

A narrative that addresses soil conditions and erosion control measures that will be used.

(Ord. 17-2003 § 1 (part))

All landscaping required by this chapter and approved by the city council shall be installed prior to issuance of a final occupancy permit unless security equal to one hundred ten (110) percent of the cost of the landscaping is filed with the city assuring such installation within six months of occupancy. The applicant will obtain cost estimates for landscape materials and installation to the satisfaction of the city prior to approval of the security. "Security" may consist of a faithful performance bond payable to the city, cash, certified checks, time certificates of deposit, assignment of a savings account or other such assurance of completion as shall meet with the approval of the city attorney.

The city staff, prior to any security being returned, shall make the final landscape inspection. Any portions of the plan not installed, not installed properly, or not properly maintained shall cause the inspection to be postponed until the project is completed. If the installation of the landscaping is not completed within the six month time period or within an extension of time authorized by the city, the security may be used by the city to complete the installation. Any portion of the security that remains after installation of the landscaping shall be returned to the applicant.

(Ord. 17-2003 § 1 (part))

Landscaped areas may include landscaping: around buildings, in open spaces and outdoor recreation areas, in islands and perimeter planting areas in parking and loading areas, and in areas devoted to buffering and screening as required in this chapter and elsewhere in this title.

For expansions of existing developments and parking lots, the minimum new landscaped area shall be determined by first calculating the percentage of the increase of total floor area or parking area; multiplying the gross site area by this percentage of increase; and multiplying the resulting area by the minimum percentage for the type of development.

(Ord. 17-2003 § 1 (part))

A.

For purposes of satisfying the minimum requirements of this title, a "landscaped area" must be planted in lawn, ground cover plants, shrubs, annuals, perennials or trees, or desirable native vegetation, or be used for other landscape elements as defined in this title.

B.

Landscaping shall be designed, developed, and maintained to satisfy the specific functional and aesthetic objectives appropriate to the development and the district, considering the following:

1.

Type, variety, scale and number of plants used;

2.

Placement and spacing of plants;

3.

Size and location of landscaped areas;

4.

Contouring, shaping and preparation of landscaped areas; and

5.

Use and placement of non-plant elements within the landscaping.

C.

The city may grant the applicant credit for landscaping to be done in the public right-of-way provided the applicant meets the elements set forth for the granting of a variance. It shall not be necessary to hold a public hearing to grant this credit. The city shall consider the need for future use of the right-of-way for street purposes when granting approval for credit under this chapter.

D.

The landscape design shall incorporate existing significant trees and vegetation preserved on the site.

(Ord. 17-2003 § 1 (part))

Where required by ordinance, or where placed as a condition of approval, screening and buffering shall meet the following minimum requirements:

A.

Screening shall be used to eliminate or reduce the visual and noise impacts of the following uses:

1.

Commercial and industrial uses when abutting residential uses.

2.

Service areas and facilities, including garbage and waste disposal containers, recycling bins, and loading areas.

3.

Outdoor storage areas, including cargo or shipping containers used as accessory structures in commercial or industrial zones.

4.

Any other area or use as required by this title.

B.

Screening may be accomplished by the use of sight-obscuring plant materials (generally evergreens), earth berms, walls, fences, building parapets, building placement, or other design techniques.

C.

Buffering shall be used to mitigate adverse visual impacts, dust, noise or pollution, and to provide for compatibility between dissimilar adjoining uses. Where buffering is determined to be necessary, one of the following buffering alternatives shall be employed:

1.

Planting Area: Width not less than twenty (20) feet, planted with the following materials:

a.

At least two (2) rows of deciduous or evergreen trees staggered and spaced not more than ten (10) feet apart; and

b.

At least one row of evergreen shrubs which will grow to form a continuous hedge at least five (5) feet in height within one year of planting; and

c.

Lawn, low-growing evergreen shrubs or evergreen ground cover covering the balance of the area.

2.

Berm plus planting area. Width not less than fifteen (15) feet, developed in accordance with the following standards:

a.

Berm form shall not slope more than forty (40) percent (2.5H:1V) on the side away from the area screened from view;

b.

A dense evergreen hedge shall be located so as to most effectively buffer the proposed use; and

c.

Combined total height of the berm plus the hedge shall be at least five (5) feet within one year of planting.

3.

Wall plus planting area. Width must not be less than five (5) feet developed in accordance with the following standards:

a.

A masonry wall or fence not less than six feet in height; and

b.

Lawn, low-growing evergreen shrubs, and evergreen ground cover covering the balance of the area.

4.

Other methods that produce an adequate buffer considering the nature of the impacts to be mitigated, as approved by the city.

(Ord. 17-2003 § 1 (part))

(Ord. No. 25-2004, § 1(Exh. A), 5-13-2004)

All landscaping shall be continually maintained, including necessary watering, weeding, pruning, mowing, and replacement, in a substantially similar manner as was approved by the city. In addition, the following shall apply:

A.

No sight-obscuring plantings exceeding twenty-four (24) inches in height shall be located within any required vision clearance area as defined in Section 17.80.080.

B.

Plant materials shall not cause a hazard. Landscape plant materials over walks, pedestrian paths, and seating areas shall be pruned to a minimum height of eight feet and to a minimum height of fifteen (15) feet over streets and vehicular traffic areas.

C.

Landscape plant materials shall be selected which does not generally interfere with utilities above or below ground.

D.

Landscape plant material shall be installed to current nursery industry standards.

E.

Landscape plant materials shall be properly guyed and staked to current industry standards as necessary. Stakes and guy wires shall not interfere with vehicular or pedestrian traffic.

F.

All landscape material shall be guaranteed by the developer for a period of one year from the date of installation. A copy of the guarantee shall be furnished to the city by the developer.

G.

Plant materials shall be suited to the conditions under which they will be growing. As an example, plants to be grown in exposed, windy areas that will not be irrigated should be sufficiently hardy to thrive under these conditions. Plants should have vigorous root systems and be sound, healthy, and free from defects, diseases, and infections.

H.

Deciduous trees should be fully branched, have a minimum caliper of one and one-quarter (1 1/4; ) inches, and a minimum height of eight (8) feet at the time of planting.

I.

Evergreen trees shall be a minimum of six (6) feet in height, fully branched.

J.

Shrubs shall be supplied in minimum one gallon containers or eight-inch burlap balls with a minimum spread of fifteen (15) inches and a minimum height of eighteen (18) inches.

K.

Ground cover plants shall be spaced in accordance with current nursery industry standards to achieve covering of the planting area. Rows of plants are to be staggered for a more effective covering. Ground cover shall be supplied in a minimum four inch size container or equivalent if planted eighteen (18) inches on center.

L.

All developments are required to provide appropriate methods of irrigation for the landscaping. Sites with over one thousand (1,000) square feet of total landscaped area shall be irrigated with automatic sprinkler systems to insure the continued health and attractiveness of the plant materials. Hose bibs and manually operated methods of irrigation may be used for landscaped areas totaling less than one thousand (1,000) square feet. Irrigation shall not be required in wooded areas, wetlands, floodplains, or along natural drainage channels or stream banks. Sprinkler heads shall not be a hazard to the public.

M.

Appropriate methods of care and maintenance of landscaped plant material shall be provided by the owner of the property.

N.

Landscape plant material shall be protected from damage due to heavy foot traffic or vehicular traffic by protective tree grates, pavers or other suitable methods.

(Ord. 17-2003 § 1 (part))

To provide for the orderly, safe, efficient and livable development of land within the city of Gervais.

(Ord. 17-2003 § 1 (part))

The provisions of this chapter shall apply to all subdivisions, planned unit developments and partitions within the city of Gervais.

(Ord. 17-2003 § 1 (part))

A.

Minimum lot area. Minimum lot area shall conform to the requirements of the zoning district in which the parcel is located.

B.

Lot width and depth. The depth of a lot or parcel shall not be more than three times the width of the parcel, with the exception that parcels created for public utility uses or in zones where there is no minimum lot area requirement shall be exempt from width to depth ratio provisions.

C.

Access. All lots and parcels created after the effective date of the ordinance codified in this chapter shall provide a minimum frontage, on an existing or proposed public street, equal to twenty (20) feet.

An exception shall apply when residential lots or parcels and planned unit developments, may be accessed via a private street or easement developed in accordance with the provisions of Chapter 17.52 or when the city finds that public street access is:

a.

Infeasible due to parcel shape, terrain, or location of existing structures; and

b.

Not necessary to provide for the future development of adjoining property.

D.

Flag lots. If a flag-lot is permitted, the following standards shall be met:

1.

The access strip shall not be less than twenty (20) feet wide. The access strip shall be improved with minimum twelve (12) foot wide paved driveways that meet applicable city standards. If said access strip is over two hundred (200) feet in length, the driveway shall terminate in a turn-around capable of accommodating emergency fire vehicles.

2.

The access strip shall not be included in the calculation of lot area for purposes of determining compliance with any minimum lot size provision of this title.

E.

Through lots. Through lots shall be avoided except where essential to provide separation of residential development from major traffic arteries, adjacent non-residential activities, or to overcome specific disadvantages of topography and orientation. A ten (10) foot wide screening or buffering easement, pursuant to the provision of Chapter 17.72, may be required by the city during the review of the land division request.

F.

Lot grading. The minimum elevation at which a structure may be erected, taking into consideration the topography of the lot, the surrounding area, drainage patterns and other pertinent date, shall be established by the building official.

G.

Utility easements. Utility easements shall be provided on lot areas where necessary to accommodate public utilities. Such easements shall have a minimum total width as specified in Section 17.64.020(G).

(Ord. 17-2003 § 1 (part))

A.

General. The length, width, and shape of blocks shall be designed with regard to providing adequate building sites for the use contemplated; consideration of needs for convenient access, circulation, control, and safety of street traffic; and recognition of limitations and opportunities of topography.

B.

Sizes. Blocks shall not exceed eight hundred (800) feet in length between street lines, except blocks adjacent to arterial streets, or unless the previous adjacent development pattern or topographical conditions justify a variation. The recommended minimum distance between intersections on arterial streets is one thousand eight hundred (1,800) feet.

C.

Alleys. Alleys may be provided in all districts.

(Ord. 17-2003 § 1 (part))

All improvements required by this title or as conditions of approval of any subdivision or partition shall be completed prior to the issuance of any building permits for any structures within the subject development. If the developer requests approval to record the final plat before all required improvements have been constructed and all conditions of approval have been met by the developer and accepted by the city, the developer shall provide a security guarantee satisfactory to the city that all improvements will be constructed in conformance with all city standards and ordinances and all conditions of approval will be satisfied. If the total street frontage of the development is less than or equal to two hundred fifty (250) feet, the applicant may request to sign and the city may grant an improvement deferral agreement, see Section 17.204.030.

A.

Frontage improvements. Street improvements shall be required for all public streets on which a proposed land division fronts in accordance with Chapter 17.52. Such improvements shall be designed to match with existing improved surfaces for a reasonable distance beyond the frontage of the property. Frontage improvements shall include: sidewalks, curbing, storm sewer, sanitary sewer, water lines, other public utilities as necessary, and such other improvements as the city shall determine to be reasonably necessary to serve the development or the immediate neighborhood.

B.

Project streets. All public or private streets within the land division shall be constructed as required by the provisions of Chapter 17.52. Private driveways serving flag lots or private streets shall be surfaced as per the requirements of this title.

C.

Monuments. Upon completion of street improvements, centerline monuments shall be established and protected in monument boxes at every street intersection at all points of curvature, points of tangency of street center lines, and other points required by state law.

D.

Bench marks. Elevation benchmarks shall be set at intervals established by the city engineer. The benchmarks shall consist of a brass cap set in a curb or other immovable structure.

E.

Surface drainage and storm sewer system. Drainage facilities shall be provided within the land division and to connect the land division drainage to drainage-ways or to storm sewers outside the land division and shall be consistent with the most current adopted storm water master plan. Design of drainage within the land division shall take into account the capacity and grade necessary to maintain unrestricted flow from areas draining through the land division and to provide extension of the system to serve such areas. The design shall take into account provisions for the future extension beyond the land division to serve upstream properties that, in the judgment of the city, cannot be served otherwise.

F.

Sanitary sewers. Sanitary sewer shall be installed to serve the land division and to connect the land division to existing mains both on and off the property being divided. The design shall take into account provisions for the future extension beyond the land division to serve upstream properties that, in the judgment of the city, cannot be served otherwise.

The city may require that the construction of sewage lines of a size in excess of that necessary to adequately service the development in question, where such facilities are or will be necessary to serve the entire area within which the development is located when the area is ultimately developed.

G.

Water system. Water lines with valves and fire hydrants serving the land division and connecting the land division to the city mains shall be installed. The design shall take into account provisions for extension beyond the land division to adequately grid the city system and to serve the area within which the development is located when the area is ultimately developed. However, the city will not expect the developer to pay for the extra pipe material cost of mains exceeding eight inches in size. Installation costs shall remain entirely the developer's responsibility.

H.

Pedestrian facilities and bicycle ways. Sidewalks shall be installed along both sides of each public street and in any pedestrian or bicycle ways within the land division as well as along all frontages to existing streets. Sidewalks shall be extended as required to connect to other sidewalk systems. The city may defer sidewalk construction until the dwellings or structures fronting the sidewalk are constructed. Any required off-site sidewalks, sidewalks fronting public property, or sidewalks adjacent to existing structures shall not be deferred.

I.

Pedestrian/bicycle design standards. Pedestrian/bicycle access ways shall meet the following design standards:

1.

Minimum dedicated width shall be ten (10) feet.

2.

Minimum improved width shall be five feet.

3.

Vision clearance. A clear line of vision for the entire length of the access way shall be required.

4.

Pedestrian scale lighting fixtures shall be provided along the walkway and lighted to a level where the system can be used at night.

5.

The access way shall be designed to prohibit vehicle traffic.

J.

Other.

1.

Curb cuts and driveway installations, excluding common drives, are not required of the land divider but, if installed, shall be according to the city standards.

2.

Street tree planting is not required of the land divider but, if planted, shall be accordance with city requirements and of a species compatible with the width of the planting strip.

3.

Streetlights. The installation of underground electric service, light standards, wiring, and lamps for streetlights of a type required by city standards following the making of necessary arrangements with the serving electric.

4.

Street signs. The installation of street name signs and traffic control signs is required at locations determined to be appropriate by the city and shall be of a type required by city standards.

(Ord. 17-2003 § 1 (part))

In addition to other requirements, improvements installed by a developer for any land division, either as a requirement of these regulations or at his own option, shall conform to the requirements of this title and improvement standards and specifications adopted by the city, and shall be installed in accordance with the following procedure:

A.

Improvement work shall not commence until plans have been checked for adequacy and approved by the city engineer. Plans shall be prepared in accordance with requirements of the city.

B.

Improvement work shall not commence until the city has been notified in advance; and, if work has been discontinued for any reason, it shall not be resumed until the city has been notified.

C.

Improvements shall be constructed under the inspection and to the satisfaction of the city engineer. The city may require changes in typical sections and details in the public interest, if unusual conditions arise during construction to warrant the change.

D.

All underground utilities, sanitary sewers, and storm drains installed in streets by the developer shall be constructed prior to the surfacing of the streets. Stubs for service connections for underground utilities and sanitary sewers shall be placed to a length eliminating the necessity for disturbing the street improvements when service connections are made. Unless otherwise approved by the city, this shall be interpreted as extending to the right-of-way or easement line.

E.

Upon completion of the public improvements and prior to final acceptance of the improvements by the city, the developer shall provide two certified as-built drawings of all public utility improvements to the city. As-built conditions and information shall be reflected on one set of Mylar base as-built drawings. The developer's engineer shall submit the as-built drawings to the city.

(Ord. 17-2003 § 1 (part))

When property is subdivided, an area equal to 6 1/4% of the net area of the subdivision shall be set aside and dedicated to the city for park and recreation purposes. Prior to approval:

A.

The area shall be reviewed by the council for suitability as a park site.

B.

If, in the opinion of the city, there is no suitable area or the city prefers a payment in lieu of parkland, the developer shall pay into the park development fund a sum of money equal to 6 1/4% of the gross value of the land prior to subdividing. The value shall be determined from the most recent tax assessment.

C.

Expenditure of the funds in the park development fund shall be approved by the council for acquisition, improvements or development of recreational facilities that will benefit the subdivision.

D.

Prior to final approval of the subdivision plat, the developer shall deposit the required payment with the city manager/recorder in the park development fund.

(Ord. 17-2003 § 1 (part))

Every building erected shall be located on a lot as defined in this chapter.

(Ord. 17-2003 § 1 (part))

No required yard or other open space or required driveway provided around or for any building or structure for the purpose of complying with the provisions of this title shall be considered as providing a yard or open space for any other building, nor shall any yard or other required space on an adjoining lot be considered as providing a yard or open space on the lot whereon the building is to be erected.

(Ord. 17-2003 § 1 (part))

Exclusive of driveways, no parking shall be allowed within the required front yard area or yards located adjacent to a street. The side yard and rear yard areas may not be used for parking of vehicles, except in designated parking areas.

The yard areas adjacent to a street shall not be used for the permanent storage of utility trailers, house or vacation trailers, boats, or other similar vehicles.

(Ord. 17-2003 § 1 (part))

Zero side yard townhouse units authorized in approved subdivisions or planned unit developments shall meet the following use and development standards:

A.

Number of attached units. No more than six dwelling units, each on a lot held in separate ownership.

B.

Yards adjacent to a street. This chapter does not relieve the requirements of this title for yards adjacent to a street.

C.

Maintenance easement. As a condition of issuance of a permit for any building having an exterior wall contiguous to a property line, the applicant shall furnish an easement from the owner of the property adjacent to said wall providing for ingress, egress, and use of such adjacent property for the purpose of maintaining, repairing, and replacing the building. Said easement shall be appurtenant to the property on which the building is located and shall be approved as to form by the city attorney and shall be recorded with Marion County prior to issuance of the permit.

(Ord. 17-2003 § 1 (part))

Planter boxes, chimneys and flues, steps, cornices, eaves, gutters, belt courses, leaders, sills, pilasters, lintels, and other ornamental features which extend not more than eighteen (18) inches, from main buildings, uncovered porches, and covered but unenclosed porches when not more than one story high and which do not extend more than five feet beyond the front walls of the building, are exempt from the front yard setback provisions and need not be included when determining the setback.

(Ord. 17-2003 § 1 (part))

A.

Cornices, eaves, gutters, and fire escapes, when not prohibitive by any other code or ordinance, may project into a required side yard not more than one-third of the width of the side yard, nor more than thirty-six (36) inches in any case.

B.

Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, and ornamental features may project not more than eighteen (18) inches into a required side yard, provided, however, chimneys and flues shall not exceed six feet in width.

C.

Uncovered decks and patios attached to the main building when measured directly beneath the outside edge of the deck or patio may be extended to the side yard property line when they are thirty-six (36) inches or less in height from ground level.

(Ord. 17-2003 § 1 (part))

A.

Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, gutters and other ornamental features, may project not more than eighteen (18) inches into a required rear yard, provided, however, chimneys and flues shall not exceed six feet in width.

B.

A fire escape, balcony, outside stairway, cornice or other unenclosed, unroofed projections may project not more than five feet into a required rear yard and set back at least six feet from any property line.

C.

Planter boxes, steps, uncovered porches, and covered but unenclosed porches, including covered patios when not more than one story high and not more than four feet above grade, and which shall not come closer than fifteen (15) feet from the rear lot line, are exempt from the minimum rear yard depth requirements.

D.

Uncovered decks and patios attached to the main building when measured directly beneath the outside edge of the deck or patio may be extended to the rear yard property line when they are thirty-six (36) inches or less in height from ground level.

(Ord. 17-2003 § 1 (part))

A.

A vision clearance area shall be maintained at each access to a public street and on each corner of property at the intersection of two streets or a street and a railroad. A vision clearance area shall contain no planting, sight-obscuring fence (open chain link excluded), wall, structure, or temporary or permanent obstruction exceeding three feet in height, measured from the ground.

The preceding provisions shall not apply to the following:

1.

Public utility poles;

2.

A tree trimmed (to the trunk) to a line at least eight feet above the level of the intersection;

3.

Another plant species of open growth habit that is not planted in the form of a hedge and which is so planted and trimmed as to leave at all seasons a clear and unobstructed cross-view;

4.

A supporting member or appurtenance to a permanent building lawfully existing on the date this standard becomes effective;

5.

An official warning sign or signal;

6.

A place where the natural contour of the ground is such that there can be no cross-visibility at the intersection;

7.

The post section of a pole sign when there are no more than two posts and any post is less than eight inches in diameter; and

8.

Telephone switch boxes, provided they are less than ten (10) inches wide at the widest dimension.

B.

For single use residential driveways, the vision clearance area shall consist of a triangular area, two sides of which are the curb line and the edge of the driveway. Where no curbs exist, the future location of the curb, based on future full street improvements shall be used.

C.

The following measurements shall establish the vision clearance areas:

* When there is an intersection of two or more streets of different right-of-way width, the distance to be measured along the lot lines shall be the distance specified for each type street.

(Ord. 17-2003 § 1 (part))

A.

Materials.

1.

Fences and walls shall not be constructed of nor contain any material that could cause bodily harm, such as barbed wire, broken glass, spikes, or any other hazardous or dangerous materials. Electric fences are not permitted.

2.

Fences and walls shall be constructed using commonly accepted building materials intended for such use. Materials such as corrugated metal roofing and pallets shall not be used.

3.

Electric or barbed wire fences intended to contain or restrict cattle, sheep, horses or other livestock, and existing prior to annexation to the city, may remain.

4.

All required swimming pool and hot tub fencing shall be a minimum of four feet in height and be equipped with a self locking gate that closes automatically.

B.

Standards.

1.

Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair including noticeable leaning, missing sections, broken supports, non-uniform height, and uncontrolled growth of vegetation.

2.

Fences located in front yards and within ten (10) feet of the front property line shall not exceed five feet in height, when the fence is at least fifty (50) percent open. All other fences, walls, or hedges located in front yards and within ten (10) feet of the front property line shall not exceed four feet in height. Fences shall not exceed seven feet in height on other interior yards.

3.

In no instance shall a fence extend beyond the property line including into a public right-of-way. It is the responsibility of the property owner to determine the property line.

(Ord. 17-2003 § 1 (part))

To afford adequate vision on heavily traveled streets, to provide for future expansion of streets and to provide for planting areas along streets, every structure or sign shall set back from the right-of-way of streets named below, a minimum distance measured from the center line:

(Ord. 17-2003 § 1 (part))

Accessory structures shall comply with the following requirements.

(Ord. No. 25-2004, § 1(Exh. A), 5-13-2004)

A.

Location and Number. Accessory structures shall be located within the rear or interior side yard, except that a detached garage may be located in a side yard adjacent to a street. A maximum of two are permitted. In residential zones, the design, appearance, and construction of accessory structures shall be consistent with residential development. Cargo or shipping containers are not allowed for use as accessory structures in residential zones.

B.

Height. The maximum allowable height is twenty (20) feet, except that no accessory structure shall exceed the height of the primary building.

C.

Property Setbacks. Except for detached garages and carports, structures ten (10) feet or less in height shall provide a minimum five-foot setback along the side and rear property lines. Except for detached garages and carports, structures greater than ten (10) feet in height shall provide a setback of five feet along each side property line and ten (10) feet along the rear property line. For detached garages and carports the setbacks shall be in accordance with Sections 17.24.040(B), for the R-1 District and 17.28.040(B), for the R-2 District.

D.

Building Separation. Accessory structures shall be separated from the primary buildings by a minimum of six (6) feet.

E.

Building Size. The accessory structure(s) shall be limited to the greater of the following: twenty (20) percent of the floor area (excluding garage) for the primary building or four hundred eighty (480) square feet. In no case shall the accessory structure occupy more than twenty (20) percent of the rear yard. The building size limitation shall be considered the maximum allowable area permitted for all accessory structures.

(Ord. No. 25-2004, § 1(Exh. A), 5-13-2004; Ord. No. 15-001, § 2(Exh. B), 7-2-2015)

A.

Location and Number. Except for shipping or cargo containers used as an accessory structure. Accessory structures may be located anywhere the primary structure may be placed. There is no limit to the number of permitted accessory structures. Shipping or cargo containers used as accessory structures shall only be located in a side or rear yard and shall be screened from view as provided by Section 17.56.100 and [Chapter] 17.72.

B.

Height. Accessory structures shall comply with the height provisions in the underlying zone for the primary structure.

C.

Setbacks. Accessory structures shall comply with the setback provisions in the underlying zone for the primary structure.

D.

Building Size. There is no limitation.

(Ord. No. 25-2004, § 1(Exh. A), 5-13-2004; Ord. No. 15-001, § 2(Exh. B), 7-2-2015)

Accessory dwelling units (ADUs) shall comply with the following requirements.

(Ord. No. 18-005, § 2(Exh. B), 7-5-2018)

A.

Number. A maximum of one ADU is permitted per primary detached single-family dwelling on the same lot or parcel.

B.

Type. The ADU may be interior, attached, or detached.

C.

Lot Size. There shall be no minimum lot size for interior or attached ADUs. The minimum lot size for a detached ADU shall be nine thousand nine hundred (9,900) square feet.

D.

Location. ADUs shall be located within the side yard or rear yard of the primary dwelling.

E.

Front Setback. The ADU shall be set back six feet from the front building line of the primary dwelling unit, whether attached or detached.

F.

Building Construction. An ADU shall comply with the Oregon Residential Specialty Code, and shall be subject to a structural permit review. A storage container is not an allowed structure type for an ADU in Gervais.

G.

Height. The maximum allowable height is twenty (20) feet, except that no ADU shall exceed the height of the primary dwelling unit. An ADU shall only be located above an existing detached garage if the primary residence has at least two stories.

H.

Property Setbacks. ADUs shall meet all setbacks required of the primary single-family dwelling unit in the underlying R1 or R2 residential zone. An ADU shall only be located above an existing detached garage if all setbacks of the underlying zone are met by the structure.

I.

Building Separation. Detached ADUs shall be separated from the primary dwelling by a minimum of six feet, or greater if required by building code.

J.

Size. ADUs shall be limited to the following: fifty (50) percent of the gross floor area of the primary dwelling unit or six hundred (600) square feet, whichever is less.

K.

Parking. An ADU shall provide two off-street parking spaces for resident vehicles.

L.

Garages and Carports. An ADU shall not be required to provide a garage or carport. In no case shall the construction of an ADU result in the conversion of an existing garage.

M.

Driveway. The ADU parking shall be accessed by either a shared driveway or a new driveway, provided that the new driveway is constructed in accordance with the provisions of Chapter 17.88, access control standards and Chapter 17.56, off street parking standards, unless granted a waiver from the Gervais Public Works Department due to localized stormwater infrastructure capacity limitations.

N.

Occupants. Either the primary dwelling or the ADU shall be occupied by the owner of the property, as the property owner's permanent place of residence. Prior to final occupancy of the ADU, a restrictive covenant shall be recorded with the Marion County Recorder setting forth these requirements. Said covenant shall remain binding on the property for the life of the accessory dwelling unit.

O.

Utilities. All new interior, attached, and detached ADUs shall have separate water and sewer meters from the primary dwelling.

P.

SDCs and Fees. All standard hook-up fees and system development charges (SDCs) for new residential development shall apply.

Q.

Addressing. An ADU shall have a unique address from the primary dwelling unit, as assigned by the local jurisdiction, posted in a location which is clearly visible from the street, in a minimum of four-inch size numbers. Where the ADU location prevents an address visible from the street, signage shall be erected indicating rear ADU unit for emergency response purposes, subject to the standards of Chapter 17.68, signs.

R.

Energy-Efficiency. The City of Gervais encourages developers to make all new residential developments as energy-efficient as possible, including consideration of renewable fuel sources.

(Ord. No. 18-005, § 2(Exh. B), 7-5-18)

The purpose of this chapter is to implement the access management policies of the transportation element of the general plan. Access control standards manage access to land development while preserving the flow of traffic in terms of safety, capacity, functional classification, and level of service. Major roadways, including highways, arterials, and collectors serve as the primary network for moving people and goods. These transportation corridors also provide access to businesses and homes and have served as the focus for commercial and residential development. If access points are not properly designed, these roadways will be unable to accommodate the needs of development and retain their primary transportation function.

To achieve this purpose, state and local roadways have been categorized in the transportation element of the general plan by function and classified for access purposes based upon their level of importance and function. Regulations are applied to these roadways for the purpose of reducing traffic accidents, personal injury, and property damage attributable to poorly designed access systems, and to thereby improve the safety and operation of the roadway network. This protects the substantial public investment in the existing transportation system and reduces the need for expensive remedial measures.

(Ord. 17-2003 § 1 (part))

This chapter shall apply to all arterials and collectors within Gervais and to all properties that abut these roadways.

(Ord. 17-2003 § 1 (part))

A hierarchy of spacing standards is established that is dependent on the functional classification of the street.

(Ord. 17-2003 § 1 (part))

A.

Lots that front on more than one street shall be required to locate motor vehicle accesses on the street with the lower functional classification.

B.

When a residential subdivision is proposed that would abut an arterial, it shall be designed to provide through lots along the arterial with access from a marginal access or local street. Access rights of these lots to the arterial shall be dedicated to the city of Gervais and recorded with the deed. A berm or buffer yard may be required at the rear of through lots to buffer residences from traffic on the arterial.

C.

Subdivisions with frontage on the state highway system shall be designed to share access points to and from the highway. If access off of a secondary street is possible, then access should not be allowed onto the state highway.

D.

Wherever a proposed development abuts unplatted developable land within the urban growth boundary, street stubs shall be provided to provide access to abutting properties or to logically extend the street system into the surrounding area.

E.

Local streets shall connect with surrounding streets to permit the convenient movement of traffic between residential neighborhoods or facilitate emergency access and evacuation. Connections shall be designed to avoid or minimize through traffic on local streets. Appropriate design and traffic control such as four-way stops and traffic calming measures are the preferred means of discouraging through traffic.

F.

In all cases reasonable access or the minimum number of access connections, direct or indirect, necessary to provide safe access to and from a street shall be granted.

G.

New connections shall not be permitted within the functional area of an intersection as defined by the connection spacing standards of this chapter, unless no other reasonable access to the property is available.

(Ord. 17-2003 § 1 (part))

A.

Adjacent commercial properties classified as major traffic generators (i.e. shopping plazas, office parks), shall provide a cross access drive and pedestrian access to allow circulation between sites.

B.

Systems of joint use driveways and cross access easements shall be established wherever feasible and shall incorporate the following:

1.

A continuous service drive or cross access corridor extending the entire length of each block served to provide for driveway separation consistent with the access management classification system and standards;

2.

A design speed of ten (10) mph and a maximum width of twenty (20) feet to accommodate two-way travel aisles designated to accommodate automobiles, service vehicles, and loading vehicles;

3.

Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross-access via a service drive; and

4.

A unified access and circulation system plan for coordinated or shared parking areas is encouraged.

C.

Pursuant to this chapter, property owners shall:

1.

Record an easement with the deed allowing cross access to and from other properties served by the joint use driveways and cross access or service drive;

2.

Record an agreement with the deed that remaining access rights along the roadway will be dedicated to the city of Gervais and pre-existing driveways will be closed and eliminated after construction of the joint-use driveway; and

3.

Record a joint maintenance agreement with the deed defining maintenance responsibilities of property owners.

D.

The city of Gervais may reduce required separation distance of access points where they prove impractical, provided all of the following requirements are met:

1.

Joint access driveways and cross access easements are provided in accordance with this chapter.

2.

The site plan incorporates a unified access and circulation system in accordance with this chapter.

3.

The property owner enters into a written agreement with the city of Gervais, recorded with the deed, that pre-existing connections on the site will be closed and eliminated after construction on each side of the joint use driveway.

(Ord. 17-2003 § 1 (part))

Legal access connections in place as of the effective date of the ordinance codified in this chapter that do not conform with the standards in this chapter are considered nonconforming features and shall be brought into compliance with applicable standards under the following conditions:

A.

When new access connection permits are requested; and/or

B.

Change in use or enlargements or improvements that will increase trip generation.

(Ord. 17-2003 § 1 (part))

A.

Applicants for site development reviews impacting access shall submit a preliminary site plan that shows:

1.

Location of existing and proposed access point(s) on both sides of the road where applicable;

2.

Distances to neighboring constructed access points, median openings (where applicable), traffic signals (where applicable), intersections, and other transportation features on both sides of the property;

3.

Number and direction of lanes to be constructed on the driveway plus striping plans; and

4.

All planned transportation features (such as sidewalks, bikeways, signs, signals, etc.).

B.

Development reviews shall address the following access criteria:

1.

Access shall be properly placed in relation to sight distance, driveway spacing, and other related considerations, including opportunities for joint and cross access.

2.

The road system shall provide adequate access to buildings for residents, visitors, deliveries, emergency vehicles, and service vehicles.

3.

The access shall be consistent with the access management standards in the most current adopted transportation element of the general plan.

C.

Any application that involves access to the state highway system shall be reviewed by the Oregon Department of Transportation for conformance with state access management standards.

(Ord. 17-2003 § 1 (part))

This section is applicable to all sites or structures listed in the city of Gervais, Oregon, general plan as a historic or cultural resource or designated as such by the state of Oregon or by a federal agency.

(Ord. 17-2003 § 1 (part))

Upon receipt of a land use application or demolition permit a determination shall be made if the site has historical significance by being listed as a historic or cultural resource. If the site is of historical significance the city council shall conduct a site development review and consider the following:

A.

The state of repair of the building and cost of restoration or repair;

B.

The character of the neighborhood; and

C.

Other factors the city council feels appropriate.

Following review and hearing, the city council shall make a recommendation for approval, approval with mitigation, or denial of the land use action.

(Ord. 17-2003 § 1 (part))

If a site with historical significance is to be demolished or significantly altered, the city council may direct that an acceptable detailed pictorial and graphic record be prepared prior to demolition or alteration.

(Ord. 17-2003 § 1 (part))

The purpose of this chapter is to protect and restore water bodies and their associated riparian areas, in order to protect and restore the multiple social and environmental functions and benefits these areas provide individual property owners, communities, and the watershed. This section is based on the "safe harbor" approach as defined in Oregon Administrative Rules 660-23-0090(5) and (8). Specifically, this section is intended to:

A.

Protect habitat for fish and other aquatic life;

B.

Protect habitat for wildlife;

C.

Protect water quality for human uses and aquatic life;

D.

Protect any associated wetlands;

E.

Control erosion and limit sedimentation;

F.

Promote recharge of shallow aquifers;

G.

Provide a stream "right of way" to accommodate lateral migration of the channel and protect the stream and adjacent properties;

H.

Reduce the effects of flooding;

I.

Reserve space for storm water management facilities, other utilities, and linear parks; and

J.

Minimize the economic impact to affected property owners.

The intent of this chapter is to meet these goals by modifying the location, but not the intensity of development, where possible. This section excludes new structures from buffer areas established around fish-bearing streams and any adjacent wetland. This chapter also prohibits vegetation removal or other alteration in these buffers and establishes a preference for native vegetation in the buffers. For cases where buffer establishment creates a hardship for individual property owners, the chapter provides a procedure to apply for a variance or generate density credits. Changes to the buffer width shall be offset by appropriate restoration or mitigation, as stipulated in this chapter.

(Ord. 17-2003 § 1 (part))

A.

The inventory of riparian areas contained in the comprehensive plan specifies which streams are fish-bearing and the stream-size category (see figure 9 of the natural resources element of the general plan). Based on the classification contained in this inventory, the following protected riparian corridors shall be established:

1.

The fish-bearing intermittent stream in northeast Gervais (average annual stream flow less than one thousand (1,000) cfs) shall have a buffer of fifty (50) feet from the top and on either side of bank except as identified below.

2.

Where the riparian buffer includes all or portion of a significant wetland as identified in the natural resources element of the comprehensive plan or by on-site investigation, the standard distance to establish the riparian buffer shall be measured from, and include, the upland edge of the wetland.

3.

Except as provided for in Section 17.96.030(A)(2), the measurement of the distance to the protected riparian corridor boundary shall be from the top of the bank. The measurement shall be slope distance. In areas where the top of each bank is not clearly defined, the riparian buffer shall be measured from the ordinary high water level, or the line of non-aquatic vegetation, whichever is most landward.

4.

The requirement to establish a riparian buffer applies to land inside city limits and to land outside the city limits and inside the UGB upon annexation of such land.

5.

Water areas and significant riparian resources identified in the comprehensive plan are shown on maps that may not have site-specific accuracy. Property owners who believe their properties lie outside the depicted riparian buffer can correct the map by submitting a survey, performed by a qualified surveyor (PLS), to the local governing body. The survey must show the normal high water line of the stream on a parcel base map. Amendments to the map of wetlands for Gervais must be first submitted to the Oregon Division of State Lands for review. The local governing body will review the submitted map and determine if the parcel lies within the riparian buffer.

(Ord. 17-2003 § 1 (part))

A.

The permanent alteration of the riparian buffer by grading or by the placement of structures or impervious surfaces is prohibited, except for the following uses provided they are designed to minimize intrusion into the riparian area, and no other options or locations are feasible:

1.

Street, road, and paths;

2.

Drainage facilities, utilities, and irrigation pumps;

3.

Stormwater treatment facilities when they are located in severely degraded parts of the protected riparian corridor and designed so as to enhance overall function of the riparian resource (for example, a grassy swale or constructed wetland with a buffer of native vegetation and that is located within previously farmed or cleared area);

4.

Water-related and water-dependent use;

5.

Replacement of existing structures with structures in the same location that do not disturb additional riparian surface area;

6.

Structures or other non-conforming alterations existing fully or partially within the protected riparian corridor may be expanded provided the expansion does not occur within the riparian buffer. Substantial improvement of a non-conforming structure in the riparian buffer shall require compliance with the standards of this chapter;

7.

Existing lawn and non-native plantings within the riparian buffer may be maintained, but not expanded within the protected area. Development activities on the property shall not justify replacement of the riparian buffer area with lawn; and

8.

Existing shoreline stabilization and flood control structures may be maintained. Any expansion of existing structures or development of new structures shall be evaluated by the local government and appropriate natural resource agency staff, for example Oregon Department of Fish and Wildlife, Division of State Lands, Department of Environmental Quality, Water Resources Department. Such alteration of the riparian buffer shall be approved only if less-invasive or nonstructural methods will not adequately meet the stabilization or flood control needs.

B.

Removal of riparian vegetation in the buffer is prohibited, except for:

1.

Removal of non-native vegetation and replacement with native plant species. The city of Gervais will provide a list of native and non-native plant species. The replacement vegetation shall cover, at a minimum, the area from which vegetation was removed, and shall maintain or exceed the density of the removed vegetation;

2.

Removal of vegetation necessary for the development of approved water-related or water dependent uses. Vegetation removal shall be kept to the minimum necessary to allow the water-dependent or water-related use; and

3.

Trees in danger of falling and thereby posing a hazard to life or property may be removed, following consultation and approval from the city of Gervais and replanting with native species. If no hazard will be created, the department may require these trees, once felled, to be left in place in the protected riparian corridor.

C.

Normal and accepted farming practices other than buildings or structures, occurring on land zoned for exclusive farm use and existing in the protected riparian corridor since prior to the date of adoption of the ordinance codified in this chapter are not required to meet the standards of this chapter if applicable.

(Ord. 17-2003 § 1 (part))

A.

Permanent alteration of the riparian buffer by placement of structures or impervious surfaces within the riparian buffer, or placement of structures overhanging the riparian buffer, on existing lots or proposals to partition a lot, is allowed subject to approval of a variance granted under Section 17.96.050(E) and subject to the mitigation requirement of Section 17.96.050(C).

B.

Subdivisions and planned unit developments must conform to the buffer requirements but may apply for density credits to compensate for developable land that has been lost due to the buffer requirement. A developer proposing a subdivision or planned unit development can get density credits when more than five percent of the developable land is consumed by the buffer. Credits are calculated using the table of credits that appears under the definition of the term "density credit" in Section 17.16.020. The density credit is accommodated at the development site by allowing greater flexibility in the setbacks, frontage distances or minimum lot sizes but can be used off-site if on-site accommodation is not practical.

C.

Proposals for development activities within the riparian buffer allowed in Section 17.96.050(A) will include proposed mitigation for unavoidable impacts shall be reviewed by the Oregon Department of Fish and Wildlife (ODFW). The review and/or mitigation recommendation from ODFW shall be submitted with the application. For purpose of implementing Goal 5, the goal is no net loss of protected resources and no net loss of habitat values.

D.

Variance.

In cases where the application of the buffer is demonstrated to render an existing lot or parcel unbuildable, a property owner may request a variance to the riparian buffer. Granting of a variance requires findings that satisfy all three of the following criteria:

1.

The proposed development requires deviation from the riparian buffer standards; and

2.

Strict adherence to the riparian buffer standard and other applicable standards would effectively preclude a use of the parcel that could be reasonably expected to occur in the zone, and that the property owner would be precluded a substantial property right enjoyed by the majority of landowners in the vicinity.

E.

Variance applications.

The applicant shall provide sufficient information regarding the proposed development and potential impact to riparian resources and the proposed mitigation plan to allow the ODFW to determine whether the proposal has minimized impacts to the riparian buffer and whether the proposed mitigation will provide equal or better protection of riparian resources. This information includes, but is not necessarily limited to:

1.

A plot plan showing the top of the stream or water body bank, the riparian buffer, any wetlands, and any applicable setbacks;

2.

The extent of development within the protected riparian corridor;

3.

Uses that will occur within the protected riparian corridor and potential impacts (for example: chemical runoff, noise, etc.);

4.

The extent of vegetation removal proposed;

5.

Characteristics of existing vegetation (types, density);

6.

Any proposed alterations of topography or drainage patterns;

7.

Existing uses on the property and any potential impacts they could have on riparian resources; and

8.

Proposed mitigation.

(Ord. 17-2003 § 1 (part))

(Ord. No. 15-001, § 2(Exh. B), 7-2-2015)