A.   Projections From Buildings: Cornices, eaves, canopies, sunshades, gutters, chimneys, flues and other architectural features may project not more than two feet (2') into a required yard or open space as established by this title.

   B.   Height Exceptions: The following types of structures or structural parts are not subject to the building height limitations of this title: chimneys, church spires, belfries, radio and television antennas, flagpoles, smoke stacks and other similar projections.

   C.   Lot Size Exceptions: If a property ownership, whether it be a lot or more than one contiguous lot held in a single ownership at the time of the effective date hereof, has an area or dimension which does not meet the lot size requirements of the zone in which the property is located, the holdings may be occupied by a use permitted in the zone subject to the other requirements of the zone; provided that, if there is an area deficiency, residential use shall be limited to a single-family dwelling or to the number of dwelling units consistent with the density requirements of the zone. The record of ownership as recorded in the Office of the County Clerk at the effective date hereof shall be the basis for application of this exception unless the owner submits proof that a different ownership existed at the time the provisions of this title became applicable to the land concerned. Setback requirements may be reduced by utilizing the variance procedure outlined in chapter 6 of this title. (Ord. 542, 8-11-2003)

Accessory uses and facilities shall be permitted in any zone when incidental to and associated with a permitted use or facility, or when incidental to and associated with an allowable and authorized conditional use therein, subject to the provisions of this section.

   A.   Accessory Uses And Facilities: Accessory uses and facilities shall meet the following requirements:

      1.   Shall be subordinate to the primary activity of the principal use or the principal facility, respectively.

      2.   Shall contribute to the comfort, convenience, efficiency or necessity of the occupants or the activities of a principal use or the function of a principal structure.

      3.   Shall be located on the same site as the principal use or structure served.

      4.   Shall not violate setback requirements, height limitation requirements or maximum lot coverage standards provided for in chapter 3 of this title. (Fences are exempt from setback requirements.)

   B.   Examples: Accessory uses and facilities include, but are not limited to, the following examples:

      1.   A home occupation is an accessory use in a residence.

      2.   A residence is an accessory use in a business.

      3.   A commercial sales office is an accessory use in an Industrial Zone.

      4.   Accessory facilities include fence, private garage, workshop, carport, patio, deck, gazebo, tool or storage shed, playhouse, private recreation facilities, guesthouse (no cooking facilities), temporary real estate sales office, and small (less than 3 foot diameter) satellite dishes. Accessory structures which would be considered a building under the Building Codes (larger than a utility outbuilding) must be compatible in architecture with the principal structure and have similar siding and roofing materials.

   C.   Continuation Of Allowable Accessory Use: No use or facility permitted as an accessory use or facility pursuant to this section shall be construed to be permitted as a principal use or facility unless specifically authorized as a permitted or conditional use in the district in which it shall be located. Operation, occupancy and continuance of allowable accessory uses and facilities shall be conditional upon the continued occupancy or use of the principal use or facility being served.

   D.   Utility Outbuildings: A utility outbuilding shall be permitted if the following requirements are met:

      1.   A utility outbuilding shall be exempted from the setback requirements in a Residential Zone or wherever the setbacks applicable to Residential Zones apply. However, a utility outbuilding may not be placed closer than five feet (5') to any lot line or five feet (5') from any other building.

      2.   A utility outbuilding may not be placed in a front yard.

   E.   Fences, Walls, Etc.: Fences, walls, railings, or mature hedges shall not exceed three and one-half feet (31/2') in height measured from the grade at the property line within the required front yard, except in the case of the clear vision area where the height shall not exceed two and one-half feet (21/2') when measured from the top of the curb or, where no curb exists, from the established street centerline grade. Fences on the side and rear yard shall not exceed six feet (6') in height measured from the grade at the property line. Security fences may be permitted which exceed the six foot (6') height through a conditional use permit. (Ord. 542, 8-11-2003)

   A.   Purpose: Accessory dwelling units (ADU) are allowed in certain situations to:

      1.   Create new housing units while respecting the look and scale of single-family development;

      2.   Increase the housing stock of existing neighborhoods in a manner that is less intense than alternatives;

      3.   Allow more efficient use of existing housing stock and infrastructure;

      4.   Provide a means for residents, particularly seniors, single parents, and families with grown children, to remain in their homes and neighborhoods, and obtain extra income, security, companionship and services; and

      5.   Provide a broader range of accessible and more affordable housing.

   B.   Applicability: An ADU may be located in a detached accessory structure, an attached addition to a primary dwelling, or within a space internal to a primary dwelling, such as a converted basement. A garage may be converted to an ADU provided that the off-street parking requirement for the primary dwelling unit continues to be met. ADUs are permitted subject to the following provisions:

      1.   In the R-1 Zone, one ADU is permitted outright as an accessory use to a permitted single-family dwelling.

      2.   In the R-2, R-3, C, and DD Zones, ADUs are permitted as follows:

         a.   One ADU may be permitted outright as an accessory use to a permitted single-family attached or detached dwelling.

         b.   Two (2) ADUs may be permitted on the same lot as a permitted single-family attached or detached dwelling if one ADU is in a detached accessory structure and the other ADU is either internal to the house or in an addition attached to the house, and the lot has a minimum area of five thousand (5,000) square feet. An application for a second ADU on a single lot must be reviewed as an administrative action.

         c.   One detached ADU is permitted outright as an accessory use to a duplex if the lot has a minimum area of five thousand (5,000) square feet. An application for an ADU on a lot with an existing duplex must be reviewed as an administrative action.

      3.   In the C and DD Zones, one ADU is permitted outright as an accessory use to an existing non-conforming single-family dwelling.

   C.   Development Standards: In addition to the applicable standards in the zoning district, ADUs must meet the following development standards.

      1.   Drainage, Sanitary Sewer And Water: Adequate provision shall be made for drainage, water and sewage waste.

      2.   City Ordinances: The ADU shall meet all applicable City ordinances.

      3.   Lot Requirements: The lot requirements (width, depth, area, coverage, etc.) on which the primary dwelling and ADU are located shall be met.

      4.   Front Setbacks: Detached ADUs must be located behind a line established parallel with the front building line of the primary dwelling.

      5.   Rear Setbacks: The minimum rear setback for an ADU may be reduced to five feet (5') if the structure is less than fifteen feet (15') in height or the rear lot line abuts an alley.

      6.   Privacy Standards: The following standards are intended to protect the privacy of adjacent properties. Privacy standards are required along wall(s) of a detached ADU, or portions thereof, that are within twenty feet (20') of a side or rear lot line that faces a residential property. A detached ADU meets the privacy standard if either of the following standards is met.

         a.   All windows on a wall are placed in the upper third of the distance between a floor and ceiling. This standard applies to windows on exterior doors.

         b.   Visual screening is provided along the portion of a property line that faces the wall of the ADU, plus an additional ten (10) lineal feet beyond the corner of the wall. The screening shall be opaque; shall be at least six feet (6') high; and may consist of a fence, wall, or evergreen shrubs. Newly planted shrubs shall be no less than five feet (5') above grade at time of planting, and they shall reach six feet (6') high within one year. Existing features on the site may be used to comply with this standard.

      7.   Maximum Size: The gross floor area of the ADU shall not exceed seventy five percent (75%) of the gross floor area of the primary dwelling (exclusive of garage[s] and unfinished basements) up to a maximum floor area of eight hundred (800) square feet. All areas being used as living space shall be counted toward the maximum allowance of eight hundred (800) square feet, whether or not those areas were originally built or intended to be used for habitation. In the case of a duplex, the size of the accessory dwelling unit may be no more than seventy five percent (75%) of the living area of the smaller of the two (2) primary units or eight hundred (800) square feet, whichever is less. The following exceptions to this maximum size are permitted:

         a.   Basement ADUs: The total floor area of a basement of the primary dwelling may be used as the ADU, provided the basement area does not exceed the size of the primary dwelling.

         b.   Large Lots: On lots zoned RL that are at least ten thousand (10,000) square feet and include an existing primary dwelling, the gross floor area of the ADU may be up to one thousand (1,000) square feet or sixty percent (60%) of the living area of the primary dwelling, whichever is less.

      8.   Parking: No off-street parking needs to be provided for one ADU on a single lot, as long as the parking requirements for the primary dwelling units are met. A second ADU on a single lot must provide one off-street parking space in addition to the spaces required for the primary dwelling unit. If off-street parking is provided, the parking area shall not be located within any required front or side yard, other than existing and/or approved driveways.

      9.   Addressing: The ADU shall be legally addressed with the street address of the primary dwelling plus the designation "Suite B". (Ord. 582-18, 10-8-2018)

   A.   Purpose: A cottage cluster development is a small cluster of dwelling units appropriately sized for smaller households and available as an alternative to the development of typical detached single-family and two-family homes on individual lots. Cottage cluster development is intended to address the changing composition of households, and the need for smaller, more diverse, and often, more affordable housing choices. Providing for a variety of housing types also encourages innovation and diversity in housing design and site development, while ensuring compatibility with surrounding single-family residential development. A cottage cluster development is also intended to maintain open space; reduce street and utility construction, and maintenance; separate automobile traffic from residential areas; and reduce site development and housing costs.

   B.   Description: Cluster development is a development technique wherein house sites or structures are grouped closer together with the remainder of the tract left in its natural state or as landscaped open space. Clustering can be carried out in the context of a major or minor partition, subdivision, or through a conditional use. It differs from a planned development in that it may be done on a smaller site, does not necessarily have a mixture of housing types and uses, and is done in a unit, rather than planned phases. Cluster developments may incorporate single-family structures and their associated uses. Steep slopes, stream banks or other sensitive lands should remain in their natural condition, but may be used in density calculations.

   C.   Ownership And Parcelization: Cottage cluster developments may be sited on one commonly owned parcel with individual cottages owned in a condominium, cooperative, or similar arrangement, or cottages may be on individual lots with shared amenities and facilities owned in common. Applicants must submit proof that a homeowners' association or other long-term management agreement will be established to ensure the maintenance of development elements in common ownership.

   D.   Standards: Cottage cluster developments are subject to the following standards:

      1.   Density: Cottages may be built up to the density established for cottage cluster development in the underlying zone.

      2.   Number Of Cottages: A cottage cluster development is composed of four (4) to twelve (12) dwelling units.

      3.   Cottage Design, Placement And Orientation: The cottages in a cottage cluster development are subject to the following standards:

         a.   Maximum Floor Area: The gross floor area of each cottage shall not exceed one thousand two hundred fifty (1,250) square feet.

         b.   Maximum Footprint: The footprint of each cottage unit shall not exceed eight hundred (800) square feet, or one thousand two hundred (1,200) square feet including a garage. A communal garage or parking structure is permitted, and is not subject to the maximum footprint requirements for cottages.

         c.   Average Size: The average size of all dwellings combined within a cottage cluster development will be less than one thousand fifty (1,050) square feet.

         d.   Maximum Height: The height of each cottage shall be the same as required by the underlying zoning and applicable overlay zoning.

         e.   Placement: If cottages differ in size, smaller cottages shall be located adjacent to or in closer proximity than larger cottages to the adjacent public street or River Trail to which the development is oriented.

         f.   Setbacks: The setbacks from adjacent property lines along the perimeter of the cottage cluster development shall be the same as required by the underlying zone. The minimum distance between all structures, including accessory structures, shall be in accordance with Building Code requirements (at least 6 feet spacing between buildings).

         g.   Private Open Space: Each cottage may have private open space for the exclusive use of the cottage residents. Private open space does not count towards the required common open space.

         h.   Orientation Of Cottages: Cottages shall be clustered around the common open space. Each cottage shall have a primary entrance and covered porch oriented to the common open space. All cottages shall be within ten feet (10') from the common open space, measured from the facade of the cottage to the nearest delineation of the common open space. Lots in a cottage cluster development are not required to abut a public right-of-way, except that the parent parcel shall have frontage on a public right-of-way.

         i.   Public Street Facing Facades: Cottages abutting a public right-of-way shall have a secondary entrance or a porch, bay window, or other major architectural feature oriented to the public right-of-way. Garage or carport entrances may not face a public right-of-way.

         j.   Porches: Each cottage shall have a covered open porch that shall be oriented toward the common open space and that shall be at least six feet (6') in depth measured perpendicular to the abutting building facade and at least sixty (60) square feet in area.

      4.   Community Buildings: Cottage cluster developments may include community buildings that provide space for accessory uses such as community meeting rooms, guest housing, exercise rooms, day care, or community eating areas. They shall have a footprint of no more than eight hundred (800) square feet and may not exceed one story in height. Their design, including the roof lines, shall be similar to and compatible with that of the cottages within the cottage cluster development.

      5.   Common Open Space: Cottage cluster developments shall have a common open space in order to provide a sense of openness and community of residents. Common open space is subject to the following standards:

         a.   Each cottage cluster development shall contain a minimum two thousand (2,000) square feet of common open space regardless of the number of cottages in the cluster, and not less than four hundred (400) square feet of common open space per cottage.

         b.   The common open space shall be in a single, contiguous, useable piece.

         c.   Cottages shall abut the common open space on at least two (2) sides of the open space.

         d.   The design of the common open space shall not use unusable lot area or protections to meet the requirement for common open space. Unusable lot area includes, but is not limited to, foundation landscaping, enlarged or enhanced parking strips or sidewalks, narrow strips of land, or small dead zones of the lot.

         e.   Parking areas, required yards, private open space, and driveways do not qualify as common open space.

         f.   Provisions for the long-term maintenance of open space shall be provided through a homeowners' association or other legal instrument.

      6.   Parking: Parking for a cottage cluster development is subject to the following standards:

         a.   Minimum Number Of Parking Spaces: Cottage cluster developments shall have at least one parking space for each unit with a gross floor area of seven hundred (700) square feet or less and 1.5 parking spaces for each unit with a gross floor area of seven hundred one (701) square feet or more (rounded up to the nearest whole number).

         b.   Guest Parking: Cottage cluster developments shall have at least 0.5 additional guest parking spaces for each cottage in the development, rounded up to the nearest whole number. These spaces shall be clearly identified as being reserved for guests.

         c.   Reduction In Number Of Required Parking Spaces: The required number of guest parking spaces may be reduced by the number of on-street parking spaces on public streets adjacent to and immediately abutting the cottage cluster development.

         d.   Clustering And Parking Structures: Parking areas may be arranged in clusters limited to no more than five (5) contiguous spaces. Clustered parking areas may be covered. Up to two (2) carriage house dwelling units are permitted on the second floor of a parking structure, with a maximum of one carriage house dwelling unit per four (4) cottages (rounded to the nearest whole number). Parking structures may or may not be located on the same lot as the cottage they serve. Parking structures shall not be located within a common open space and are required to be screened from view from common open space areas.

         e.   Parking Access: Parking areas shall be accessed only by a private driveway or public alley. No parking space may access a public street directly. No parking space may be between a public street and cottages abutting the public street.

         f.   Design: The design of garages, carports, and parking structures, including the roof lines, windows, and trim, shall be similar to and compatible with that of the cottages within the cottage cluster development.

         g.   Screening: Landscaping or architectural screening at least three feet (3') tall shall separate parking areas and parking structures from the common area and public streets. Solid fencing (e.g., board, cinder block) shall not be allowed as an architectural screen.

         h.   Location: Parking can be grouped and located on a separate lot within one hundred feet (100') of an edge of the cottage cluster development.

      7.   Frontage, Access, And Walkways:

         a.   Frontage: The parent parcel shall have frontage on a public street. If individual lots are created within the cluster development, each lot shall abut the common open space, but is not required to have public street frontage.

         b.   Access: No part of any structure shall be more than one hundred fifty feet (150'), as measured by the shortest clear path on the ground, from Fire Department vehicle access, unless the building has a fire suppression system.

         c.   Walkways: A cottage cluster development shall have sidewalks abutting all public streets. A system of interior walkways shall connect each cottage to the common open space, parking areas, private driveways, any community buildings, the sidewalks abutting any public streets bordering the cottage cluster development, and other pedestrian or shared use facilities. Sidewalks abutting public streets shall meet the width requirements established in the Heppner Engineering Design Standards, and interior walkways shall be at least four feet (4') in width.

      8.   Interior Fences: Fences on the interior of the cottage cluster development shall not exceed three feet (3') in height and shall not consist of solid (e.g., board, cinder block) fencing.

      9.   Existing Structures: On a lot or parcel to be used for a cottage cluster development, an existing detached single- family dwelling that may be nonconforming with respect to the requirements of this section may remain, but the extent of its non-conformity may not be increased. Such dwellings shall count towards the number of cottages allowed in the cottage cluster development.

      10.   Streets: Streets and roads will not be used for density calculations, and will conform to City standards. The decision-making body may allow for reductions in street width where the land is steep, the street serves a limited number of dwellings, and off-street parking requirements are met.

      11.   Conflicts: In the event of a conflict between this section and other sections of this title, this section shall control.

   E.   Illustrations Of Cottage Cluster Development Layouts:

(Ord. 582-18, 10-8-2018)