A.   Permitted Uses In R-1 Zone: In an R-1 zone the following uses and their accessory uses are permitted outright:

Manufactured homes meeting the following conditions:

      1.   Having more than one thousand three hundred (1,300) square feet of occupied space in a double section or larger multisection unit and built after 1991;

      2.   The manufactured home shall be placed on an excavated and backfilled concrete or concrete block foundation meeting Oregon building code requirements and enclosed at the perimeter such that no more than twelve inches (12") of the enclosing material is exposed above grade. Where the building site has a sloped grade, no more than twelve inches (12") of the enclosing material shall be exposed on the uphill side of the home. If the manufactured home is placed on a basement, the twelve inch (12") limitation will not apply.

      3.   Have wheels, axles and hitch mechanisms removed;

      4.   Have utilities connected in accordance with Oregon building codes agency requirements and manufacturer's specifications;

      5.   Bear an insignia of compliance with the manufactured housing construction and safety standards code;

      6.   Have shake, shingle, composition or tile roofing materials similar in appearance to the most predominant type in the area. The pitch shall be a minimum of 3/12;

      7.   Siding materials or trim shall be similar in appearance or complementary to the other homes in the area including the type, color and horizontal or vertical placement of materials;

      8.   If attached garage or attached carport is built, it shall be of like materials and color of the dwelling;

      9.   The manufactured home shall be certified by the manufacturer to have an exterior or thermal envelope meeting performance standards which reduce heat loss levels equivalent to the performance standards required of single-family dwellings constructed under the state building code as currently enacted;

      10.   Meet all other applicable standards for manufactured home installation contained in this title; and

      11.   Meet all other applicable state and local statutes and regulations for the siting of the manufactured home on the site.

Residential homes as defined in Oregon Revised Statutes 197.660(2).

Single-family dwelling.

   B.   Conditional Uses Permitted In R-1 Zone: In an R-1 zone the following uses and their accessory uses are permitted when authorized in accordance with chapter 5 of this title:

Beauty and hair care salon.

Forest service offices.

Hospital.

Justice court and county juvenile department offices.

Nursing home and healthcare facilities.

Public or semipublic use.

Two-family dwelling.

   C.   Dimensional Standards In R-1 Zone: In an R-1 zone the following dimensional standards shall apply:

      1.   The front yard shall be a minimum of twenty feet (20').

      2.   Each side yard shall be a minimum of ten feet (10'), except that on a corner lot the side yard on the street side shall be a minimum of twenty feet (20').

      3.   The rear yard shall be a minimum of twenty feet (20').

      4.   A lot area shall be a minimum of seven thousand (7,000) square feet for each separate outright or conditional use. For a two-family dwelling there shall be at least eight thousand (8,000) square feet of lot area. There shall not be more than one structure or use (except an accessory use structure) for any use unless minimum area requirements are met for each use.

      5.   Building height shall be a maximum of thirty five feet (35').

      6.   The minimum street frontage shall be fifty feet (50') except on a cul-de-sac where the minimum shall be thirty feet (30'). (Ord. 542, 8-11-2003)

The cemetery hill R-1 zone is designated a special R-1 zone. This zone, as delineated on the city zoning map, is bounded on the north by Hill Street and on the south by Heppner cemetery. A church is allowed as a conditional use in that zone when authorized in accordance with chapter 5 of this title. In all other respects, this special R-1 zone is exactly the same as in the R-1 zone set forth in section 11-3-1 of this chapter. (Ord. 542, 8-11-2003)

   A.   Permitted Uses In R-2 Zone: In an R-2 zone the following uses and their accessory uses are permitted outright:

Manufactured homes meeting the following conditions:

      1.   Having more than nine hundred sixty (960) square feet of occupied space in a double section or larger multisection unit and built after 1988;

      2.   The manufactured home shall have a continuous skirting of concrete, concrete block, concrete board or equivalent material meeting Oregon building code requirements and enclosed at the perimeter such that no more than twelve inches (12") of the enclosing material is exposed above grade. Where the building site has a sloped grade, no more than twelve inches (12") of the enclosing material shall be exposed on the uphill side. If the manufactured home is placed on a basement, the twelve inch (12") limitation will not apply.

      3.   Have wheels, axles and hitch mechanisms removed;

      4.   Have utilities connected in accordance with Oregon building codes agency requirements and manufacturer's specifications;

      5.   Bear an insignia of compliance with the manufactured housing construction and safety standards code;

      6.   Have shake, shingle, composition or tile roofing materials similar in appearance to the most predominant type in the area. The pitch shall be a minimum of 3/12;

      7.   Siding materials or trim shall be similar in appearance or complementary to the other homes in the area including the type, color and horizontal or vertical placement of materials;

      8.   If attached garage or attached carport is built, it shall be of like materials and color of the dwelling;

      9.   The manufactured home shall be certified by the manufacturer to have an exterior or thermal envelope meeting performance standards which reduce heat loss levels equivalent to the performance standards required of single-family dwellings constructed under the State Building Code as currently enacted;

      10.   Meet all other applicable standards for manufactured home installation contained in this title; and

      11.   Meet all other applicable State and local Statutes and regulations for the siting of the manufactured home on the site.

Single-family dwelling.

Two-family dwelling. (Ord. 542, 8-11-2003)

   B.   Conditional Uses Permitted In R-2 Zone: In an R-2 Zone the following uses and their accessory uses are permitted when authorized in accordance with chapter 5 of this title:

Beauty and hair care salon.

Boarding house.

Food catering business with no on site sales, when the involved lot is directly adjacent to a Downtown District Zone.

Multi-family dwelling.

Parks and recreation area.

Public or semipublic use, including church, school, library, hospital and healthcare facilities.

Single section manufactured home meeting the manufactured home requirements of subsection A of this section (except subsection 1 of the manufactured home use [the minimum size requirements] and the minimum roof pitch requirement of subsection 6). There is no minimum pitch requirement for a single wide home. The single wide manufactured home must have more than eight hundred forty (840) square feet of occupied space and be built after 1988. (Ord. 542, 8-11-2003; amd. Ord. 555-05, 6-11-2005)

   C.   Dimensional Standards In R-2 Zone: In an R-2 Zone the dimensional standards of an R-1 Zone shall apply except as follows: 1) the lot area shall be a minimum of five thousand (5,000) square feet; 2) for two-family dwellings, there shall be at least six thousand (6,000) square feet; and 3) for multi-family dwellings and cluster developments, there shall be at least seven thousand (7,000) square feet plus at least one thousand (1,000) square feet more for each dwelling unit over three (3). Developments with more than one structure (other than an accessory use structure or an accessory dwelling unit) are subject to section 11-11-4, "Cluster Development Provisions", of this title. (Ord. 582-18, 10-8-2018)

   A.   Permitted Uses In R-3 Zone: In an R-3 Zone the following uses and their accessory uses are permitted outright:

Manufactured home park.

Manufactured homes meeting the following conditions:

      1.   Having more than eight hundred forty (840) square feet of occupied space in a single, double or larger multisection unit and built after 1988;

      2.   Unless the foundation is continuous, the unit shall have a continuous skirting of nondecaying, noncorroding material extending at least six inches (6") into the ground or extending to an impervious surface. The skirting or continuous foundation shall have openings which shall be secured against the entry of animals under the home;

      3.   Have wheels, axles and hitch mechanisms removed;

      4.   Have utilities connected in accordance with Oregon Building Codes Agency requirements and manufacturer's specifications;

      5.   Bear an insignia of compliance with the Manufactured Housing Construction and Safety Standards Code;

      6.   Have shake, shingle, composition or tile roofing materials similar in appearance to the most predominant type in the area. The pitch shall be a minimum of three to twelve (3/12) for double and multisectional units. There is no minimum pitch for a single wide manufactured home;

      7.   Siding materials or trim shall be similar in appearance or complementary to the other homes in the area including the type, color and horizontal or vertical placement of materials;

      8.   If attached garage or attached carport is built, it shall be of like materials and color of the dwelling;

      9.   The manufactured home shall be certified by the manufacturer to have an exterior or thermal envelope meeting performance standards which reduce heat loss levels equivalent to the performance standards required of single-family dwellings constructed under the state building code as currently enacted;

      10.   Meet all other applicable standards for manufactured home installation contained in this title; and

      11.   Meet all other applicable state and local statutes and regulations for the siting of the manufactured home on the site.

Multi-family dwelling.

Single-family dwelling.

Two-family dwelling.

   B.   Conditional Uses Permitted In R-3 Zone: In an R-3 zone the following uses and their accessory uses are permitted when authorized in accordance with chapter 5 of this title:

Beauty and hair care salon.

Eating or drinking establishment.

Farming, not including intensive livestock or poultry operations such as commercial feedlot or poultry plant.

Hotel and motel.

Laundromat.

Neighborhood commercial-retail sales establishment.

Public or semipublic use.

Veterinary clinic.

   C.   Dimensional Standards In R-3 Zone: In an R-3 zone the dimensional standards of an R-2 zone shall apply. (Ord. 542, 8-11-2003)

   A.   Permitted Uses In C Zone: In a C zone the following uses and their accessory uses are permitted outright:

Amusement establishment.

Eating or drinking establishment.

Financial institution.

Hospital, nursing home and healthcare facility.

Hotel or motel.

Meeting hall or club.

Office.

Plant nursery.

Professional services of all types.

Public or semipublic use.

Repair or maintenance establishment except automobile, truck tractor, tractor and farm implement repair.

Residential facility as defined in Oregon Revised Statutes 197.660(1).

Retail or wholesale trade establishment.

   B.   Conditional Uses Permitted In C Zone: In a C zone the following uses and their accessory uses are permitted when authorized in accordance with chapter 5 of this title:

Manufactured homes meeting the following conditions:

      1.   Having more than eight hundred forty (840) square feet of occupied space in a single, double or larger multisectional unit and built after 1988;

      2.   Unless the foundation is continuous, the unit shall have a continuous skirting of nondecaying, noncorroding material extending at least six inches (6") into the ground or extending to an impervious surface. The skirting or continuous foundation shall have openings which shall be secured against the entry of animals under the home;

      3.   Have wheels, axles and hitch mechanisms removed;

      4.   Have utilities connected in accordance with Oregon building codes agency requirements and manufacturer's specifications;

      5.   Bear an insignia of compliance with the manufactured housing construction and safety standards code;

      6.   Have shake, shingle, composition or tile roofing materials similar in appearance to the most predominant type in the area. The pitch shall be a minimum of 3/12 for double and multisectional units. There is no minimum pitch for a single wide manufactured home;

      7.   Siding materials or trim shall be similar in appearance or complementary to the other homes in the area including the type, color and horizontal or vertical placement of materials;

      8.   If attached garage or attached carport is built, it shall be of like materials and color of the dwelling;

      9.   The manufactured home shall be certified by the manufacturer to have an exterior or thermal envelope meeting performance standards which reduce heat loss levels equivalent to the performance standards required of single-family dwellings constructed under the state building code as currently enacted;

      10.   Meet all other applicable standards for manufactured home installation contained in this title; and

      11.   Meet all other applicable state and local statutes and regulations for the siting of the manufactured home on the site.

Multi-family dwelling.

Recreational vehicle park.

Repair or maintenance for truck, automobile and farm implements.

Residential homes as defined in Oregon Revised Statutes 197.660(2).

Single-family dwelling.

Two-family dwelling.

   C.   Dimensional Standards In C Zone: In a C zone the following dimensional standards shall apply:

      1.   In a C zone the dimensional standards of the R-1 zone apply to a lot or structure whose primary use is for a dwelling.

      2.   The lot area shall be adequate to meet the needs of the establishment, the requirements of the Oregon state structural specialty code and fire and life safety code, the requirements of the city's fire zones and shall provide adequate space for parking and loading pursuant to chapter 9 of this title. (Ord. 542, 8-11-2003)

The goal of the downtown district is to strengthen the downtown as the "heart" of the community and as the logical place for people to gather and create a business center. The intent of the district is to support this goal through elements of design and appropriate mixed use development. This section provides standards for the orderly improvement of the downtown district based on the following principles:

Efficient use of land and urban services;

A mixture of land uses to encourage walking as an alternative to driving, and provide more employment and housing options;

The downtown district provides both formal and informal community gathering places;

A distinct storefront character identifies the downtown district;

The downtown district is connected to neighborhoods and other employment areas;

The downtown district provides visitor accommodations and tourism amenities;

Design guidelines maintain and enhance the city's historic architecture.

   A.   Permitted Uses In DD Zone: In a DD zone the following uses and their accessory uses are permitted outright:

Eating and drinking establishment.

Entertainment establishment.

Hotel, motel.

Meeting hall, club.

Office, financial services, professional services of all types.

Plant nursery.

Public, semipublic use.

Repair or maintenance establishment (except for automobiles, truck, tractor, and farm implement repair).

Retail or wholesale trade establishment.

   B.   Conditional Uses Permitted In DD Zone: In a DD zone the following uses and their accessory uses are permitted when authorized in accordance with chapter 5 of this title:

Light manufacture when in conjunction with permitted retail or service use (not exceeding 50 percent of gross floor area).

Multi-family dwelling.

RV park.

Repair and maintenance for truck, auto and farm     implements.

Single-family dwelling.

Temporary construction trailers (may be of metal construction) only during construction project.

Two-family dwelling.

   C.   Dimensional Standards In DD Zone:

      1.   The lot area shall be adequate to meet the needs of the establishment, the requirements of the Oregon state structural specialty code, and fire and life safety code, the requirements of the city's fire zones and shall provide adequate space for parking and loading pursuant to chapter 9 of this title.

      2.   Setbacks for front, side and rear yards.

         a.   There are no required front, side or rear yard setbacks.

         b.   Any front yard setback must be approved by the planning    commission.

      3.   Building height shall not exceed thirty five feet (35') from the base of the structure to the eave.

   D.   Building Orientation: All development within the DD zone shall be oriented to the street. The building orientation standard is met when all of the following criteria are met:

      1.   The minimum and maximum setback standards in this title are met.

      2.   Buildings have their primary entrance(s) oriented to (facing) the street. Building entrances may include entrances to individual units, lobby entrances, entrances oriented to pedestrian plazas, or breezeway/courtyard entrances.

         a.   Planning commission may approve a building placing its entrance facing a side yard when a direct pedestrian walkway, not to exceed twenty feet (20') in length is provided between the building entrance and the street right of way.

         b.   The planning commission may increase the distance to the building entrance when usable public space with pedestrian amenities (e.g., extra wide sidewalk, plaza, pocket park, outdoor dining area or town square with seating) is provided between building and the front property line.

      3.   Off street parking, driveways or other vehicular circulation shall not be placed between a building and the street. Parking, driveways and other vehicle areas shall be prohibited between buildings and street.

   E.   Architectural Guidelines:

      1.   Applicability: The downtown district architectural guideline standards are intended to provide detailed, human scale design, while affording flexibility to use a variety of building styles. This section applies to all of the following types of buildings:

         a.   Three (3) or more single-family attached townhomes on their own lots;

         b.   Duplex and triplex developments with more than one building;

         c.   Multi-family housing;

         d.   Public and institutional buildings;

         e.   Commercial and mixed use buildings.

      2.   Storefront Design: All buildings shall contribute to the storefront character and visual relatedness of the downtown district buildings. This criterion is met by providing all of the architectural features listed below:

         a.   Corner building entrances on corner lots are encouraged but not required.

         b.   Regularly spaced and similar shaped windows with window hoods or trim (all building stories).

         c.   Large display windows on the ground floor (nonresidential uses only). Display windows shall be articulated with architectural features.

         d.   Decorative cornice at top of building (flat roof); or eaves provided with pitched roof.

   F.   Pedestrian Amenities: Pedestrian amenities are intended to complement the building orientation standards. Pedestrian amenities serve as informal gathering places for socializing, resting and enjoyment of the city's downtown district, and contribute to a walkable district. The planning commission shall determine if the pedestrian amenity may be provided within a public right of way, the dimensions, number, and placement of the pedestrian amenity(ies).

      1.   Guidelines And Standards: Every development shall provide one or more of the pedestrian amenities listed below:

         a.   Plaza, courtyard, or square next to the building entrance. Size must be approved by the planning commission.

         b.   Benches placed between the building entrance and sidewalk (minimum of 16 inches in height and 30 inches in width). Number to be approved by the planning commission.

         c.   Weather protection (building canopy, awning, pergola) shall be placed for a minimum protection of four feet (4') over a sidewalk or other pedestrian space.

         d.   Public art (fountains, sculpture, etc.) which incorporates seating.

         e.   Transit amenity such as bus shelter, pull out or drop off.

   G.   Special Uses: This subsection provides standards for the following land uses in order to control the scale and compatibility of those uses within the downtown district. A planning commission determination is required for any of the following special uses to be allowed within the downtown district:

      1.   Residential uses: Higher density residential uses, such as multi-family buildings and attached townhomes, are permitted to encourage housing near employment, shopping and services. All residential developments shall comply with the standards noted below, which are intended to require mixed use development; conserve the community's supply of commercial land for commercial uses; provide for designs which are compatible with a storefront character; avoid or minimize impacts associated with traffic and parking; and ensure proper management and maintenance of common areas. Residential uses, which existed prior to the effective date of this code are exempt from this subsection.

         a.   Mixed Use Development Required: Residential ("vertical" mixed use with housing above the ground floor) uses shall be permitted only when they are a part of a mixed use development (residential with commercial or public and institutional use). Mixed use development shall be determined by the planning commission on a case by case basis.

         b.   Street Level Housing: Limitation on street level housing shall be determined by the planning commission on a case by case basis. This standard is intended to reserve storefront space for commercial uses and public/institutional uses; it does not limit residential uses above the street level on upper stories, or behind street level storefronts. For parcels with street access at more than one level (sloping site with 2 street frontages), the limitation on residential building space shall apply to all street frontages.

         c.   Density: Density shall be determined by the planning commission, on a case by case basis. Density shall be controlled by the applicable lot coverage and building height standards. Street level facades shall be commercial or institutional uses only.

         d.   Parking, Garages, And Driveways: All off street vehicle parking, including surface lots and garages, shall be oriented to alleys, placed underground, placed in structures above the ground floor, or located in parking areas located behind or to the side of the building; except that side yards facing a street shall not be used for surface parking. All garage entrances facing a street shall be recessed behind the front building elevation by a minimum of six feet (6'). On corner lots, garage entrances shall be oriented to a side street when access cannot be provided from an alley.

      2.   Public and institutional uses: Shall comply with this section.

      3.   Accessory uses and structures: Shall be of a nature customarily incidental and subordinate to the principal use or structure on the same lot. An accessory structure and/or use shall not be allowed before or without a primary use existing on the lot. The planning commission shall determine the accessory use and/or structure on a case by case basis.

   H.   Main Street: Second floor residential on Main Street, shall be determined by the planning commission and shall comply with the standards of this section.

   I.   Drive-Up Facilities: Drive-up facilities are permitted only when accessory to a primary commercial walk-in use, and shall conform to the following standards:

      1.   The facility receives access from an alley or driveway, and not a street;

      2.   Drive-up facilities shall not be oriented to a street corner;

      3.   The facility is subordinate to a primary permitted use. "Subordinate" means all components of the facility, in total, occupy less street frontage than the primary commercial or public/institutional building; and

      4.   No more than one drive-up facility shall be permitted on one block, or for a distance of four hundred feet (400') along the same street frontage, whichever is less.

   J.   Off Street Parking: Where there is no building, parking shall be screened by a low wall or a five foot (5') wide low hedge and trees. Screening type and height shall be determined by the planning commission. Parking shall conform with section 11-9-2, "Off Street Parking Specifications", of this title.

   K.   Superblock Development: Commercial and mixed use developments may exceed block width and depth standards when the total floor area of these developments exceeds forty thousand (40,000) square feet on the ground floor. Each development has at least one street with the basic elements of a good pedestrian oriented street: building oriented to street. Provide usable pedestrian space e.g., plaza, extra wide pathway/sidewalk, seating, and on street parking to improve the pedestrian environment. (Ord. 542, 8-11-2003)

   A.   Permitted Uses In M Zone: In an M zone the following uses and their accessory uses are permitted outright:

Feed store.

Manufacturing, repairing, compounding, processing and storage.

Public uses.

Wholesale distributing facility or warehouse.

   B.   Conditional Uses Permitted In M Zone: In an M zone the following uses and their accessory uses are permitted when authorized in accordance with chapter 5 of this title:

Automobile and truck service stations.

Utility structure.

   C.   Dimensional Standards In M Zone: In an M zone the following dimensional standards shall apply: the lot area shall be adequate to meet the needs of the establishment, the requirements of the Oregon state structural specialty code and fire and life safety code, the requirements of the city's fire zones and shall provide adequate space for parking and loading pursuant to chapter 9 of this title.

      1.   Front setback shall be:

         a.   Thirty feet (30') on Heppner Highway, and

         b.   Twenty five feet (25') along Riverside Avenue.

      2.   Parking and loading shall be screened as described in landscape section of the city's ordinance. Landscape screen shall be a minimum of five feet (5') in width.

      3.   Structures shall have a ten foot (10') minimum landscape buffer between the building and parking areas on the side facing public right of way. The building entry will be clearly articulated.

   D.   Limitations On Use: In an M zone the following limitations and conditions shall apply:

      1.   A use which creates a nuisance because of noise, smoke, odor, radiation, dust or gas is prohibited.

      2.   Materials shall be stored and ground shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or otherwise create a health hazard.

      3.   Any use of property within one hundred feet (100') of a lot in a residential zone shall be subject to the review and approval of the planning commission. The planning commission may impose such limitations as may be required to reduce conflicts between uses. (Ord. 542, 8-11-2003)

   A.   The city adopts the following criteria for determining the designation of an historic resource. If the resource meets the criteria, it would be listed in the comprehensive plan.

      1.   The site, structure or object must be of historical significance to the city, the region or the state in terms of events which have occurred, or

      2.   The site, structure or object must be of archaeological or architectural significance to the city, the region or the state.

   B.   The city will protect its valuable historic resources through review or proposals for alteration, demolition or relocation of such resources.

   C.   The city adopts the following procedure for the protection of identified historic resources in this zoning title:

Upon receiving a land use application involving a historic site or structure as designated by the comprehensive plan, the planning commission, in a public meeting, shall review the application to determine its conformance with the historic preservation factors of this section. If it is determined the land use action will result in the demolition or extensive exterior modification of any historic building, the planning commission shall review the application taking into account the following:

      1.   State of repair of the building.

      2.   The reasonableness of the cost of restoration or repair.

      3.   The purpose of preserving such designated historical buildings and sites.

      4.   The character of the neighborhood.

      5.   All other factors the planning commission feels are appropriate.

   D.   Following the planning commission review, the planning commission may approve or deny the permit for land use action or delay action for sixty (60) days to allow cognizant agencies to explore alternatives. If no suitable alternatives are available, the permit may be issued. (Ord. 542, 8-11-2003)