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Special uses included in this chapter are uses which, due to their effect on surrounding properties, must be developed in accordance with special conditions and standards. These special use standards may differ from the development standards established for other uses in the same zoning district. When a dimensional standard for a special use differs from that of the underlying district, the standard for the special use shall apply.

(Ord. 17-2003 § 1 (part))

The status of a special use as a permitted or conditional use is set forth in the underlying zoning district.

Conditional uses shall be processed in accordance with the criteria and procedures specified in Chapter 17.140. Permitted uses shall be reviewed for compliance with the standards of Chapters 17.48 through 17.96 in the manner specified in the particular special use section.

Special uses that are conditional uses in the underlying zoning district shall be reviewed for compliance with the standards of Chapters 17.48 through 17.96 during the review of the conditional use permit. In addition to any specific requirements under the special use, the following information shall be included with the application submittal:

A.

A description of the proposed use and specific reason for the request;

B.

A vicinity map indicating the relationship of the proposed use to the surrounding area;

C.

A site plan of the property, including existing and proposed improvements, and other information necessary to address the requirements and conditions associated with the use;

D.

A building profile of proposed new or remodeled structures, as applicable; and

E.

Information addressing the criteria set forth under Chapter 17.140.

(Ord. 17-2003 § 1 (part))

A.

To produce a development which would provide development opportunities not easily achieved from traditional lot-by-lot development while protecting the city's goals of overall density and character;

B.

To allow flexibility which will encourage a more creative approach that will result in a more efficient, aesthetic, and desirable use of open area, while substantially maintaining the same population density and area coverage permitted in the district in which the project is located; and

C.

To allow flexibility in design, placement of buildings, use of open spaces, circulation facilities, off-street parking areas, and to best utilize the site potential characterized by special features of geography, topography, size and shape.

(Ord. 17-2003 § 1 (part))

Planned unit developments may be established on parcels of land that are suitable for and of sufficient size to be planned and developed in a manner consistent with the purposes and objectives of this chapter.

(Ord. 17-2003 § 1 (part))

Planned unit development projects may be applied for:

A.

By the owner of all the property involved, if under one ownership; or

B.

Jointly by all owners of the property in the area proposed for the planned unit development project, if there is more than one owner.

(Ord. 17-2003 § 1 (part))

In a planned unit development only the following uses are permitted:

A.

Residential Uses;

B.

Recreational facilities including, but not limited to, tennis courts, swimming pools, and playgrounds;

C.

Open space uses;

D.

Schools, libraries, community halls, and places of worship;

E.

Offices, buildings, and facilities required for the operation, administration, and maintenance of any planned unit development and for recreation purposes such as golf courses, recreation rooms, and vehicle storage areas; and

F.

Convenience establishments of a commercial and service nature, including delicatessen, coffee shops, convenience stores, restaurants, laundry, and dry-cleaning establishments, beauty shops and barber shops, (but specifically excluding drive-in services, gas stations and a repair garage) provided:

1.

Such convenience establishments are an integral part of the general plan of development for the planned unit development and provide facilities related to the needs of the prospective residents;

2.

Such convenience establishments and their parking areas will not collectively occupy more than one acre per one hundred (100) dwelling units;

3.

Such convenience establishments will be located, designed, and operated to efficiently serve frequent trade and to serve the needs of persons residing in the planned unit developments; and

4.

Such convenience establishments will not, by reason of their location, construction, or operation, have adverse effects on residential uses within or adjoining the district, or create traffic congestion or hazards to vehicular or pedestrian traffic.

(Ord. 17-2003 § 1 (part))

Planned unit developments shall comply with the applicable general development standards of Chapters 17.48 through 17.96. Underlying zoning lot dimensions and areas need not be met in a planned unit development.

A.

Site adaptation. To the maximum extent possible, the plan and design of the development shall assure that natural or unique features of the land and environment are preserved.

B.

Lot arrangement. All lots within the development shall be designed and arranged to have a maximum of two hundred (200) foot walking distance, or frontage on, open space or recreation areas, and a maximum of three hundred (300) foot walking distance to required parking.

C.

Density of development. Permitted density of development in all PUDs shall be determined in accordance with the following procedures:

1.

Determine total gross site area (G.S.A.).

2.

Multiply the G.S.A. by .85 to determine the net site area (N.S.A.).

3.

Deduct from the N.S.A. any acres of twenty (20) percent or greater slope that will be developed, proposed commercial areas, and other non-residential uses to determine net developable site area (N.D.S.A). Open space areas and hillside areas that will be in open space areas are not required to be deducted.

4.

Determine maximum density of development in accordance with the appropriate method below:

a.

R-1 district developments. Multiply NDSA by six units per acre.

b.

R-2 district. Multiply NDSA by fourteen (14) units per acre.

D.

Amount of open space. The required amount of open space or outdoor recreational area shall be at least twenty (20) percent of the gross area.

E.

Structure setback provisions. Yard setbacks for lots on the perimeter of the project shall be the same as that required for the subject-zoning district. Detached structures shall maintain a minimum side yard setback from interior space lines of three feet or meet the Uniform Building Code requirement for firewalls. A minimum front yard setback of twenty (20) feet shall be required for any garage structure whose opening faces onto a public street. Otherwise the minimum setbacks of the underlying zone do not apply.

F.

Circulation.

1.

Streets within a PUD shall comply with the applicable standards of Chapter 17.52.

2.

Roads and pedestrian and bikeway paths shall be an integrated system designed to provide efficient and safe circulation to all users. Developments should be designed to minimize the length of roadway.

3.

Pedestrian/bikeways shall be a minimum of five feet in width, clearly signed and have adequate crossing facilities where warranted.

G.

Off-street parking.

Off-street parking requirements shall be as specified in Chapter 17.60. Parking may be provided on each lot or in clustered parking areas. The city, if warranted by reduced lot sizes, type of street, and/or traffic volumes, may require additional off-street parking for guests and recreational vehicles.

H.

Utilities.

In addition to other requirements set forth in this chapter, the following shall apply:

1.

All sewer and water provisions shall be approved by the city before construction of such improvements.

2.

All utility services shall be placed underground.

3.

Provisions shall be made for fire prevention, including service water lines, non-freeze hydrants, and free emergency access for fire fighting equipment around buildings.

4.

Provision shall be made for control of site stormwater drainage, as required by Chapter 17.64.

I.

Homeowners association.

A non-profit incorporated homeowners association, or an alternative acceptable to the city attorney, shall be required for improving, operating, and maintaining common facilities, including open space, streets, drives, service and parking areas, and recreation areas. The following principles shall be observed in the formation of any homeowners association and shall be reviewed by the city attorney.

1.

A homeowners association shall be set up before approval of the final plat, or any portion thereof.

2.

Membership shall be mandatory for each homeowner and any successive buyer.

3.

The open space restrictions shall be in perpetuity.

4.

The homeowners association shall be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities.

5.

Home owners shall pay their pro rated share of the cost or the assessment levied by the association shall become a lien on the property.

6.

The association shall be able to adjust the assessment to meet changes needed.

7.

No change in open space use or dissolution of homeowners association shall occur without a public hearing before the city council.

(Ord. 17-2003 § 1 (part))

Planned unit developments shall be processed in accordance with the submittal requirements and procedures established in Chapter 17.164. Approval shall only be granted if the requirements of this chapter and all other applicable requirements of the ordinance codified in this chapter are met.

(Ord. 17-2003 § 1 (part))

A new public hearing shall be required if any one of the following changes is proposed to an approved planned unit development site plan:

A.

Increase or decrease of ten (10) percent or more in the number of dwelling units; or

B.

Increase or decrease of ten (10) percent or more in the area devoted to open space or recreational space.

(Ord. 17-2003 § 1 (part))

The following general standards are applicable to all manufactured homes sited on individual lots within the city of Gervais.

(Ord. 17-2003 § 1 (part))

A.

The manufactured home shall be multi-sectional and shall enclose a space of no less than one thousand (1,000) square feet.

B.

The manufactured home shall be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the manufactured home is located not more than eighteen (18) inches above grade.

C.

The manufactured home shall have a roof with a nominal pitch of no less than three feet in height for each twelve (12) feet in width.

D.

The manufactured home shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the local permit approval authority.

E.

The manufactured home shall be certified by the manufacturer to have an exterior thermal envelope meeting performance standards which reduce levels equivalent to the performance standards required of single-family dwellings constructed under the state building code as defined in ORS 455.010.

F.

The manufactured home shall have a garage or carport constructed of materials that are consistent with the predominant construction of the immediately surrounding dwellings.

G.

A manufactured home shall not be placed within an acknowledged historical district or adjacent to a historic landmark.

(Ord. 17-2003 § 1 (part))

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

The city shall review compliance with the standards of this chapter administratively during the review of applicable budding permits and set-up permits.

(Ord. 17-2003 § 1 (part))

The following standards shall apply to the design and development of all manufactured home parks in the city of Gervais.

(Ord. 17-2003 § 1 (part))

A.

Any lot or site used for a manufactured home park and any modifications to a manufactured home park shall comply with the provisions of ORS 446.002 to ORS 446.210 and manufactured home park standards, adopted as Oregon Administrative Rule, Chapter 813, Division 7, Manufactured Dwelling Park, Sections 813-007-0005 to 813-007-0070, inclusive and Chapter 918, Division 600, Manufactured Dwelling Parks and Mobile Home Park, Sections 918-600-0005 to 918-600-0030, inclusive.

B.

All parks shall require a minimum of one acre.

C.

Density. The maximum density of a manufactured home park shall not exceed ten (10) units per gross acre.

D.

Minimum Area. The minimum area to be contained on a manufactured home space by a manufactured home and its accessory structures shall be three thousand five hundred (3,500) square feet.

E.

Setbacks. The following setback standards shall apply:

1.

General Park Development. Setbacks for structures other than a manufactured homes, carports and related accessory buildings shall comply with the minimum residential setbacks in the underlying zone.

2.

Manufactured Homes.

a.

Front: Five feet minimum to the sidewalk; eight feet minimum to the curb.

b.

Side and rear: Fifteen (15) feet minimum to any adjacent manufactured home; ten (10) feet minimum to any adjacent non-residential structure.

c.

Manufactured homes on the periphery of a manufactured home park shall maintain the same setback as required for the front, side and rear yard in the underlying zone.

3.

Accessory Structures.

a.

Front: Five feet minimum to the sidewalk; eight feet minimum to the curb.

b.

Adjacent side and rear: Six feet minimum to any adjacent manufactured home, or, non-residential structure.

4.

Carports.

a.

Front: Twenty (20) feet minimum to the sidewalk or curb, if a sidewalk is not provided.

b.

Side and rear: Carports attached to, or within three feet of, the manufactured home shall comply with the setbacks for the manufactured home. Otherwise, the setback provisions for accessory structures shall apply.

F.

Minimum Width. No manufactured home space shall be less than forty (40) feet in width at its driveway frontage.

G.

Boundaries of Space. The boundaries of each manufactured home space shall be clearly marked by permanent markers.

H.

Driveways. All driveways shall be paved with an asphaltic material or concrete and shall be a minimum of twenty (20) feet in width. In addition, if parking is to be permitted along the driveway, a minimum width of thirty (30) feet is required. All driveways shall be adequately designed as to permit safe, easy access by emergency vehicles.

I.

Parking. A minimum of two off-driveway parking spaces shall be provided for each manufactured home space.

J.

Walks. Provisions shall be made for a walk from each manufactured home to each driveway. All walks must be hard surfaced, well-drained and not less than thirty-six (36) inches in width.

K.

Patio. Each manufactured home space shall have a slab or patio or concrete, asphalt or flagstone or similar substance not less than twenty (20) feet in length and ten (10) feet in width adjacent to each manufactured home parking site.

L.

Storage Area. A storage space in a building having a gross floor area of at least sixty (60) square feet shall be constructed and completed prior to occupancy of the manufactured home for storing the outdoor equipment and accessories necessary to residential living.

M.

Accessory Buildings. Accessory buildings that are placed on a manufactured home space shall be sited in a manner so as not to hinder or restrict access to the side and rear yard areas adjacent to the manufactured home.

N.

Manufactured Home Space Coverage. Not more than forty-five (45) percent of a manufactured home space may be occupied by a manufactured home and its accessory structures.

O.

Signs. All signs shall be in accordance with Chapter 17.68 of this title.

P.

Lighting. Common driveways and walkways must be adequately lighted.

Q.

Skirting. All manufactured homes shall have skirting around the exterior of the manufactured home or they may be situated upon a continuous foundation meeting the approval of the city building code.

R.

Open Space. A minimum of at least five thousand (5,000) square feet per twenty-five (25) manufactured home spaces or portion thereof shall be provided for a recreational play area group or community activities. No approved open space area shall contain less than five thousand (5,000) square feet. The floor area of indoor facilities, such as a community building, may be included in calculating the open space requirement.

S.

Utilities. All utility services shall be underground. The applicant shall furnish the city with proper easements for reading the meters and for inspecting water and sewer lines. All meters and water lines shall be inspected while being installed and the installation shall meet city standards. The park owners to city standards shall maintain all meters and water and sewer lines.

T.

Sewer and Surface Drainage. Adequate provisions shall be for sewage disposal and surface drainage and plans for such must have prior approval of the health department and the city engineer before a manufactured home park is approved. All sewer lines and drainage facilities shall be inspected while being installed and the installation shall meet city standards.

U.

Additions to Manufactured Homes. Carports, cabanas, ramadas, awning and all other structures, whether defined herein or not, which are situated upon a manufactured home space and are attached to the manufactured home, shall conform to the requirements of the city building code. Such additions and structures shall be considered as a portion of the manufactured home for determining the extent of lot coverage, setback lines and all other requirements for manufactured homes, as if such additions and structures were a part of such manufactured home.

V.

No part of any manufactured home park shall be used for the parking or storage of any heavy equipment, or trucks with a rated capacity exceeding two tons.

W.

A caretaker, owner or manager shall be responsible for keeping the manufactured home park, its facilities and equipment in a clean, orderly and sanitary condition.

X.

Landscaped buffer areas shall be developed around the perimeter of all manufactured home parks. Buffering shall comply with the standards of Chapter 17.72.

Y.

All units placed within a manufactured home park after the effective date of the ordinance codified in this chapter shall be "manufactured homes" as defined in Section 17.16.020.

(Ord. 17-2003 § 1 (part))

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

Manufactured home parks shall be subject to the site development review procedures of Chapter 17.144. Submittal requirements and review procedures shall be as specified in that chapter. Approval shall not be granted unless all provisions of this chapter and other applicable requirements of this title are met.

(Ord. 17-2003 § 1 (part))

Home occupations may be allowed as an accessory use on any property on which there is a residence, subject to the following standards and restrictions:

A.

Character. The character and primary use of the residence and premises shall not be changed by the use of colors, materials design, construction, lighting, landscaping or lack of landscaping.

B.

Traffic. A home occupation located on a local street, or privately maintained road serving three or more residences, shall not generate more than twenty (20) vehicle trips in one day. A "trip" is a vehicle traveling in one direction to or from a source. Twenty (20) trips are equivalent to ten (10) round trips.

C.

Noise. A home occupation shall not create noise of a type, duration or intensity that, measured at the property line, exceeds sixty (60) DBA between the hours of seven a.m. and six p.m. No noise shall be created by the home occupation between the hours of six p.m. and seven a.m. that is detectable to normal sensory perception, off the premises of the home occupation.

D.

Equipment and process restrictions. No home occupation shall create vibration, glare, fumes, odors, or electrical interference detectable to normal sensory perception outside the dwelling unit. In the case of electrical interference, nothing shall be used which creates visual or auditory interference in any radio or television off the premises.

E.

Hazards. No equipment, process or material shall be used which will change the fire rating or structure separation, firewall, or ventilation requirements for the structure in which the home occupation is located. No hazardous materials shall be used or stored on the property on which a home occupation located in quantities not typical of those customarily used in conjunction with activities or primary uses allowed in the zoning district.

F.

Signs. Signing shall be as provided in Chapter 17.68.

G.

On-premise client contact. Customer and client contact shall be primarily by telephone or mail, and not on the premises of the home occupation, except those home occupations, such as tutoring, counseling or personal services, which cannot be conducted except by personal contact. Services or sales conducted on the premises shall be by appointment only, and shall not be oriented toward, or attract, off-the-street customer or client traffic.

H.

Deliveries and large vehicle storage. Delivery of materials to and from the premises shall not involve the use of vehicles over two ton capacity, except parcel post or private parcel delivery trucks. Vehicles over one ton capacity and used in conjunction with a home occupation shall be stored within an enclosed structure on the property. Regardless of capacity, storage of vehicles within the public right-of-way shall be prohibited.

I.

Parking. Parking spaces needed for the conduct of a home occupation shall be provided off the street, in defined areas which are appropriately designed and surfaced for that purpose, and not located within the side or rear yard setbacks of the district. No more than two home occupation-related vehicles shall be located on the property at one time.

J.

Storage and use of yard areas. Storage of tools, equipment and materials, and display of merchandise and all other activities associated with a home occupation, except as provided above for parking, shall be contained and conducted wholly within covered and enclosed structures and shall not be visible from the exterior of the containing structure(s). Home occupations that involve the care of children may use rear yard areas for playground equipment.

K.

Day care facilities with twelve (12) or fewer children or group care homes shall not be subject to the provisions of this chapter.

(Ord. 17-2003 § 1 (part))

Home occupations are allowed as an accessory use to any residential use in the city of Gervais, subject to the type I approval process listed in Section 17.176.010. The standards of this chapter shall govern all home occupations.

(Ord. 17-2003 § 1 (part))

Any home occupation that does not comply with the requirement of this chapter and the provisions of the underlying district shall be a violation of this title and shall be subject to the enforcement remedies of Section 17.08.030.

(Ord. 17-2003 § 1 (part))

A place of worship may be allowed as a conditionally permitted use in the applicable zones, subject to the following standards and restrictions. Places of worship uses include:

A.

Worship services.

B.

Religion classes.

C.

Weddings.

D.

Funerals.

E.

Meal programs.

F.

Child care, but not including private or parochial school education for prekindergarten through grade twelve (12) or higher education.

G.

Where a place of worship is in a residential district, the housing permitted outright or permitted conditionally in the district is allowed in accordance with the development standards of the residential district and is not required to comply with subsection H. below.

H.

Where a place of worship is in a residential district, in addition to, or in place of, the housing allowed in subsection G. above, affordable housing or space for affordable housing in a building that is detached from the place of worship is allowed, provided:

1.

At least fifty (50) percent of the residential units provided under this paragraph are affordable to households with incomes equal to or less than sixty (60) percent of the median family income for the county in which the real property is located;

2.

The real property is in an area zoned for residential use that is located within the urban growth boundary; and

3.

The housing or space for housing complies with applicable land use regulations and meets the standards and criteria for residential development for the underlying zone.

4.

Housing and space for housing provided under subsection H. of this section must provide a covenant appurtenant that restricts the owner and each successive owner of the building or any residential unit contained in the building from selling or renting any residential unit described in subsection H. of this section as housing that is not affordable to households with incomes equal to or less than sixty (60) percent of the median family income for the county in which the real property is located for a period of sixty (60) years from the date of the certificate of occupancy.

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

Places of worship shall be processed in accordance with the submittal requirements and procedures established in Chapter 17.140, conditional uses. Approval shall only be granted if the requirements of this chapter and all other applicable requirements of the ordinance codified in this chapter are met.

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