Hermiston City Zoning Code
ARTICLE X
SUPPLEMENTAL PROVISIONS
§ 157.135 ZONE BOUNDARIES.
Unless otherwise specified, zone boundaries are lot lines or the centerline of street, alley, railroad right-of-way or the lines extended. Where a zone boundary divides a land parcel under a single ownership into two zones, then the entire parcel shall be zoned for the less restrictive use by the adjustment of the boundaries, provided the boundary adjustment is a distance of less than 20 feet. If the adjustment involves a distance of more than 20 feet, the procedure for a zone change shall be followed.
(Ord. 1840, passed 2-28-1994)
§ 157.136 ACCESSORY USE PROVISIONS; AUTHORIZATION.
(A)
General provisions regarding accessory uses. Accessory uses shall comply with all requirements for the principal use except where specifically modified by this chapter and shall comply with the following limitations:
(1)
Fences, which may be located within yards, shall not exceed three and one-half feet from the grade of the street centerline in the front yard and on corner lots shall not conflict with requirements of a vision clearance area.
(2)
A greenhouse or hothouse may be maintained accessory to a dwelling only if there are no sales.
(3)
A maximum of one accessory dwelling may be constructed in any residential zone on a single lot which already contains a single-family dwelling, subject to the following provisions:
(a)
For the purposes of this subsection, an accessory dwelling shall be defined as an interior, attached, or detached residential structure that is used in connection with, or that is accessory to, a single-family dwelling.
(b)
The unit may be a detached building, in a portion of a detached accessory structure, or a unit attached or interior to the primary dwelling (e.g., an addition or the conversion of an existing floor).
(c)
A detached accessory dwelling shall provide one or more rooms and contain a kitchen and bathroom within the accessory dwelling.
(d)
An accessory dwelling constructed within a portion of the existing primary dwelling or attached to the existing primary dwelling shall be subject to the following design standards:
1.
A separate entrance shall be provided for the accessory dwelling unit.
2.
An accessory dwelling shall provide one or more rooms and contain a kitchen and bathroom within the accessory dwelling.
(e)
All accessory dwellings constructed after the effective date of the ordinance codified in this section shall be subject to an accessory dwelling permit and shall pay an accessory dwelling permit fee as set by the City Council.
(f)
All accessory dwellings constructed after the effective date of the ordinance codified in this section shall register with the city’s utility billing services and pay per unit utility rates as set forth for multifamily dwellings. Registration shall be done as part of the accessory dwelling permit process.
(g)
Parking shall be provided subject to the space requirements and design standards of §§ 157.175 through 157.179.
(h)
Accessory dwelling units are subject to the maximum lot coverage, setbacks, and building height requirements of the underlying zone in which they are located. The sum of the gross square footage of the primary dwelling, garage or carport, outbuildings, and accessory dwelling shall not exceed the maximum lot coverage requirements of the city.
(4)
Swimming pools, fish ponds or other decorative pools shall conform with § 157.147.
(B)
Authorization of similar uses. The Planning Commission may rule that a use, not specifically listed in the allowed uses of a zone, shall be included among the allowed uses if the use is of the same general type and is similar to the allowed uses. However, this section does not authorize the inclusion of a use in a zone where it is specifically listed in another zone or which is of the same general type and is similar to a use specifically listed in another zone.
(C)
Tents.
(1)
Tents regulated by this section. Tents are permitted only as temporary accessory uses associated with the allowed uses permitted outright and approved conditional uses in all zones except the Open Space (OS) zone, but in no case shall any tent be allowed more than 30 days in a single calendar year when associated with such permitted or conditional use.
(2)
Tents not regulated by this section.
(a)
Tents 400 square feet or smaller in gross floor area.
(b)
Tents used for temporary activities such as, but not limited to, fairs, circuses, recreational activities and seasonal or other temporary sales.
(3)
Other provisions apply. Notwithstanding the provisions of this section and §§ 157.001 and 157.002, other dimensional regulations and building code provisions continue to apply as applicable to tents.
(Ord. 1840, passed 2-28-1994; Am. Ord. 2109, passed 6-27-2005; Am. Ord. 2260, passed 8-13-2018)
§ 157.137 BUILDING PROJECTIONS.
Cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features and other similar architectural features may project not more than two feet into a required yard or into required open space as established by coverage standards.
(Ord. 1840, passed 2-28-1994)
§ 157.138 MINIMUM MAINTENANCE REQUIREMENTS.
No lot area, yard or other open space or required off-street parking or loading area existing on or after the effective date of this chapter shall be reduced in area, dimension or size below the minimum required by this chapter, nor shall any lot area, yard or other open space or off-street parking or loading area which is required by this chapter for one use be used as the lot area, yard or other open space or off-street parking or loading area requirements for any other use, except as provided in § 157.177.
(Ord. 1840, passed 2-28-1994)
§ 157.139 EXCEPTIONS TO LOT SIZE REQUIREMENTS.
If, at the time of passage of this chapter, a lot or the aggregate of contiguous lots or land parcels held in a single ownership has an area or dimension which does not meet the lot size requirements of the zone in which the property is located, the lot or aggregate holdings may be occupied by any use permitted outright in the zone subject to the other requirements of the zone and providing, if there is an area deficiency, residential use shall be limited to a single-family or two-family residence.
(Ord. 1840, passed 2-28-1994; Am. Ord. 2322, passed 6-14-2021)
§ 157.140 EXCEPTIONS TO BUILDING HEIGHT AND YARD REQUIREMENTS.
(A)
In the case of buildings, the following exception to the yard requirements is authorized for a lot in any zone: if there are buildings on both abutting lots with yards of less than the required depth for the zone, the yard of the lot need not exceed the average yard of the abutting buildings. If there is a building on one abutting lot with a yard of less than the required depth for the zone, the yard for the lot need not exceed a depth one-half way between the depth of the abutting yard and the required yard depth.
(B)
The following types of structures or structural parts are not subject to the building height limitations of this chapter except in residentially-zoned areas unless otherwise restricted: chimneys, cupolas, tanks, church spires, belfries, domes, derricks, monuments, fire and hose towers, observation towers, transmission towers, smokestacks, flagpoles, radio and television towers, masts, aerials, cooling towers, water towers, elevator shafts, windmills, conveyors and other similar projections.
(C)
Where new radio, radiotelephone, and television transmission facilities and electrical transmission lines in excess of 35 feet in height are proposed, the city will submit notice of proposed construction to the Oregon Department of Aviation as required by its regulations.
(Ord. 1840, passed 2-28-1994; Am. Ord. 2222, passed 11-24-2014)
§ 157.141 ACCESS.
All lots shall abut a street other than an alley for a width of at least 25 feet.
(Ord. 1840, passed 2-28-1994)
§ 157.142 VISION CLEARANCE.
Vision clearance shall be provided with the following distance establishing the size of the vision clearance area:
(A)
In a residential zone, the minimum distance shall be 30 feet at street intersections and ten feet for an alley or driveway.
(B)
In all other zones, except the C-1, the minimum distance shall be 15 feet at street intersections including an alley or service drive; except that when the angle of intersection between streets is less than 30 degrees, the distance shall be 25 feet.
(Ord. 1840, passed 2-28-1994)
§ 157.143 UTILITY FACILITIES.
Public and private utility facilities including but not limited to power transmission lines, major trunk pipelines and similar facilities and public and private wells, water storage tanks and treatment facilities, sanitary sewer pump stations and sanitary sewer treatment facilities, electric power substations, telephone exchanges and television, radio or microwave transmission facilities, but excluding underground sewer, water, gas, communication and power distribution lines and similar facilities serving uses located solely within Umatilla County, which are allowed in any zone.
(Ord. 1840, passed 2-28-1994; Am. Ord. 2138, passed 6-25-2007)
§ 157.144 HISTORIC BUILDINGS.
(A)
The following buildings have been designated as historic structures worthy of protection:
(1)
Hermiston Irrigation District Building, 204 E. Hurlburt Avenue;
(2)
Carnegie Building, 213 E. Gladys Avenue;
(3)
Skinner Building, 201 E. Main Street;
(4)
Donovan Bland Building, 201 W. Hermiston Avenue; and
(5)
Bliss Building, 106 E. Main Street.
(B)
Special provisions shall apply as follows:
(1)
The city shall add to the list in division (A) above any other building or site determined to have historical, cultural or archaeological value. The city shall request the assistance of the Hermiston Heritage Association and the Oregon State Historic Preservation Officer (SHPO) to identify and document buildings or sites.
(2)
Prior to undertaking remodeling, rehabilitation or structural alteration which affects the external appearance of a building or site listed in division (A) above, the owner of the building or site or his authorized agent shall be required to obtain a conditional use permit, subject to provisions in §§ 157.205 through 157.210.
(3)
Before approving an application for a permit, the Planning Commission shall determine that the proposed alterations are harmonious with the appearance of the historical building and do not otherwise adversely affect its architectural integrity or historical value. The applicant shall provide sufficient information about the proposed alterations to permit the Commission to render an informed decision.
(4)
Upon receipt of an application for a conditional use permit as required in § 157.162, the city shall provide the Hermiston Heritage Association with a copy of the application and request the association’s recommendation on the matter.
(5)
Prior to granting a permit to demolish a historical structure listed in division (A) above, the Planning Commission shall review the request, taking into consideration the state of repair, and reasonableness of the cost of rehabilitation or repair and the historic value of the property. If the Commission determines that the building cannot be repaired at a reasonable cost, constitutes an immediate danger to the public health or safety or a delay in demolition will pose an undue economic hardship upon the owner and that these factors outweigh the value to the public of preserving the structure, the Commission shall recommend the city issue the demolition permit.
(6)
If preservation of the structure is feasible, the Commission may delay the issuance of the permit for up to 120 days while the owner is informed of state and federal rehabilitation incentives and/or a buyer who is willing to preserve the building can be found. In rendering its decision, the Commission shall seek the recommendation of the Hermiston Heritage Association on the matter. At the end of the 120-day period, the Commission shall review the application for a demolition permit. If no reasonable alternative to demolition is available, the Commission shall recommend that the city issue the permit without further delay. If, in the opinion of the Commission, there is a reasonable alternative, the permit shall be denied.
(Ord. 1840, passed 2-28-1994)
§ 157.145 MANUFACTURED DWELLING STANDARDS.
Within all residential zones, manufactured dwellings placed on individual lots outside of a manufactured dwelling park shall meet the following standards:
(A)
The manufactured dwelling shall be multi-sectional (double wide or wider) and enclose a floor area of not less than 1,000 square feet.
(B)
The manufactured dwelling shall be placed on an excavated and backfilled concrete or masonry block foundation and enclosed at the perimeter so that the manufactured dwelling is located not more than 12 inches above grade. Where the building site has a sloped grade, no more than 12 inches of the enclosing material shall be exposed on the uphill side of the home. If the manufactured dwelling is placed on a basement, the 12inch limitation shall not apply.
(C)
The manufactured dwelling shall have a pitched roof, except that no standard shall require a slope of greater than a nominal three feet in height for each 12 feet in width.
(D)
The manufactured dwelling 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 Building Official.
(E)
The manufactured dwelling shall be certified by the manufacturer to have an exterior thermal envelope meeting performance standards which reduce heat loss to levels equivalent to the performance standards required of single-family dwellings constructed under the state building code as defined in ORS 455.010. Evidence demonstrating that the manufactured dwelling meets "Super Good Cents" energy efficiency standards is deemed to satisfy the exterior thermal envelope certification requirement. Additional manufacturers certification shall not be required.
(F)
The manufactured dwelling shall have a garage or carport constructed of like materials. The city may require an attached or detached garage in lieu of a carport where such is consistent with the predominant construction of immediately surrounding dwellings.
(G)
A manufactured dwelling, if adjacent to any structure listed in § 157.144 as an historic structure, shall be treated as a conditional use.
(H)
In addition to the provisions in subsections (A) through (G) of this section, the city may subject a manufactured dwelling and the lot upon which it is sited to any development standard, architectural requirement and minimum size requirement to which a conventional single-family residential dwelling on the same lot would be subject.
(Ord. 1840, passed 2-28-1994)
§ 157.146 MANUFACTURED DWELLING PARK STANDARDS.
A manufactured dwelling park can have significant impacts on the surrounding community, therefore, special standards governing development of these uses have been established.
(A)
The minimum area shall be five acres.
(B)
Manufactured dwelling parks shall abut and have direct access to a street.
(C)
Asphalt access drives, 20 feet in width, shall be provided to each manufactured dwelling space, shall be unobstructed, open to traffic and continuous unless provided with adequate turnaround area or cul-de-sac. If the owner or operator permits parking on the access drives, the owner or operator shall construct the access drives at least 30 feet in width. Each park shall have a principal access drive of not less than 36 feet.
(D)
Walkways, not less than three feet in width, shall be provided from each manufactured dwelling space and service building to access drives and along both sides of all access drives.
(E)
Except as required for vision clearance, the outer perimeter of each park shall be improved with one of the following:
(1)
Sight-obscuring fence or wall not less than six feet in height;
(2)
Maintained evergreen landscaping that is at least five feet in depth, will mature within three years, and reach at least five feet in height at maturity; or
(3)
Combination of subsections (E)(1) and (2) above when required by the Commission to blend the proposed development in with that of surrounding property.
(F)
All manufactured dwellings and accessory structures shall be set back a minimum of ten feet from any property line, except for the front property line which shall be 20 feet, and ten feet from another manufactured dwelling.
(G)
Each manufactured dwelling space shall be a minimum of 30 feet wide and 40 feet long.
(H)
All areas covered by manufactured dwellings and accessory buildings shall be paved with asphalt or concrete, or covered with permanently contained crushed rock.
(I)
All open areas, except as otherwise specified herein, shall be suitably landscaped according to plans and specifications presented to and approved by the Planning Commission. Areas shall be continuously maintained.
(J)
Each manufactured dwelling space shall be improved with one patio of concrete or other suitable impervious material, having a minimum area of 150 square feet.
(K)
A minimum of 200 square feet of recreation area for each manufactured dwelling space shall be provided in one or more locations within the manufactured dwelling park. The minimum size of each required recreation area shall be 5,000 square feet.
(L)
A centralized storage area for boats, campers, camping trailers, and automobiles shall be provided in each manufactured dwelling park. Storage area shall contain a minimum of 160 square feet for each manufactured dwelling space and be enclosed by a sight-obscuring fence.
(M)
Storage structures and carports shall be located not less than six feet from any manufactured dwelling and shall be subject to all of the applicable permits and building codes of the city.
(N)
Mailboxes shall be provided, whether centrally or individually, for each manufactured dwelling space. Three off-street parking spaces shall be provided for all centralized mailbox areas unless on-street parking is provided.
(O)
All utilities, i.e., sewer, water, natural gas, electricity, telephone, and television cable, shall be underground in locations approved by the City Engineer.
(P)
Prior to location of a manufactured dwelling in a manufactured dwelling park, the owner or occupant shall establish to the satisfaction of the Building Inspector that the manufactured dwelling is in a condition that conforms to one of the following construction standards:
(1)
HUD-manufactured dwellings constructed to the minimum standards in effect in Oregon, at the time of construction or Oregon standards in effect at the time entry into the park is to occur; or
(2)
Non-HUD manufactured dwellings shall be in a condition that is not less than the substantial equivalent of any construction standards in effect in Oregon after June 1, 1979. Manufactured dwellings shall be inspected and certified as being substantially equivalent to construction standards in effect in Oregon after June 1, 1979 by the Oregon Building Codes Agency.
(Q)
Recreational vehicles spaces may be provided; however, spaces shall be separated and distinct from the manufactured dwelling park.
(1)
Manufactured dwelling parks providing recreational vehicle spaces shall provide facilities as required by the ORS and Oregon Administrative Rules.
(2)
There shall be a 14foot separation zone completely surrounding the recreational vehicle area separating it from the manufactured dwelling area.
(R)
All manufactured dwellings shall be skirted.
(S)
A minimum of one public pay telephone shall be provided.
(Ord. 1840, passed 2-28-1994)
§ 157.147 RECREATIONAL VEHICLE PARK STANDARDS.
(A)
This section provides specific uniform standards for recreational vehicle parks which are permitted in R-4 Zones as a conditional use and in addition to any conditions of approval which may be imposed by the Planning Commission under § 157.205 et seq. in addition to the normal standards of C-2 Zones where they are allowed as an outright use.
(B)
A recreational vehicle park shall conform to state regulations and the following standards and requirements:
(1)
The minimum area for a recreational vehicle park shall be three acres.
(2)
The required site plan shall reflect the standards of this section and shall include the plot plan requirements of the State Health Division with respect to water supply, sewage disposal, fire hydrants, sanitary facilities, building location, street layout and park design.
(3)
Evidence shall be provided that the park will be eligible for a certificate of sanitation as required by state law.
(4)
A recreational vehicle space shall have an area of not less than 700 square feet exclusive of driveways and common areas.
(5)
Roadways shall have a minimum width of 30 feet or a minimum width of 20 feet where parking is not permitted and an equal amount of off-road parking is provided. Roadways shall be designed and paved in accordance with state statutes.
(6)
Each RV space shall have at least one 10 by 20 foot parking space exclusive of the RV itself. Parking and driveway areas shall be paved.
(7)
Outdoor lighting shall be provided. Lighting shall be oriented to prevent direct illumination onto abutting property.
(8)
The park shall be screened on all sides by a sight-obscuring planting screen, fence or combination thereof. The park owner shall be responsible for its permanent maintenance.
(9)
The park shall provide piped potable water to accommodate not less than 75% of the spaces. One waste disposal dump station shall be provided for each 100 sites, or part thereof. All sewer and water lines shall be first approved by the City Engineer.
(10)
Sanitary facilities shall be provided in accordance with state standards. Sanitary sewer shall be provided to not less than 75% of the spaces.
(11)
Trash receptacles shall be provided at a rate of 30 gallons of refuse capacity for each two spaces or equivalent.
(12)
All plumbing facilities shall be inspected and approved by the city Building Department.
(13)
Each RV space shall be provided with electrical service.
(Ord. 1840, passed 2-28-1994)
§ 157.148 SWIMMING POOLS, FISH PONDS AND THE LIKE.
(A)
Every person in possession of land within the city, either as owner, purchaser under contract, lessee, tenant or licensee, upon which is situated a swimming pool or other outside body of water designed or used for swimming, dipping or immersion purposes having a depth of more than 18 inches shall maintain an enclosure consisting of a fence or wall which shall discourage children from climbing and is acceptable to the Building Inspector.
(B)
All gates or doors opening through the enclosure shall be equipped with self-enclosing and self-latching devices installed at least 40 inches above the ground or base, designed to help and capable of keeping the door or gate securely closed at all times when not in actual use; provided, however, that the door of any dwelling occupied by human beings and forming any part of the enclosure required need not be so equipped.
(C)
No swimming pool shall be constructed without first obtaining a building permit. No building permit shall be issued until the plans are filed with the Building Inspector’s office, and no pool shall be used until a final inspection is made by the Building Inspector after its construction is completed.
(D)
Every person in possession of land within the city, either as owner, purchaser under contract, lessee, tenant or licensee, on which there is a fish pond or other decorative pool having a depth of 18 inches or more, shall construct and maintain an acceptable enclosure and securely close off or block any and all entrances thereto.
(E)
An acceptable enclosure shall be one of the following:
(1)
A fence completely surrounding the fish pond or decorative pool; or
(2)
A wire across or cover of sufficient strength to hold a weight of at least 75 pounds and installed not more than six inches below the surface of the water at all times.
(Ord. 1840, passed 2-28-1994)
§ 157.149 SAND AND GRAVEL PITS.
(A)
Because a sand and gravel pit can have significant adverse impacts on surrounding properties, particularly those devoted to residential uses, the following special standards governing extraction activities have been established:
(1)
Minimum setbacks: 25 feet from any property line except those abutting a residential zone when the minimum setback shall be 100 feet;
(2)
Extracting and processing operations shall be screened in such a manner that they are not readily visible from a public street or areas zoned or planned for residential development. The required screen shall be at least six feet in height and may consist of one or a combination of the following types:
(a)
Walls. A wall shall consist of concrete, stone, brick, tile, or similar type of solid masonry material a minimum of four inches thick.
(b)
Berms. A berm shall be constructed of earthen materials, and it shall be landscaped.
(c)
Fences, solid. A solid fence shall be constructed of wood and shall form an opaque screen.
(d)
Fences, open. An open-weave or mesh-type fence, when not used in combination with a berm, shall be combined with plant materials to form an opaque screen.
(3)
Access to a sand and gravel pit shall be limited to a major arterial. Under no circumstances shall truck traffic associated with extraction activities be routed through residential neighborhoods.
(B)
To obtain a conditional use permit to operate a sand and gravel pit, the operator or his authorized agent shall submit three copies of the following:
(1)
The name, address, and signature of property owners and applicant;
(2)
A written legal description or record summary of the property; and
(3)
A site plan prepared by a registered mining or civil engineer or registered geologist containing the following:
(a)
North point, scale, and date;
(b)
Extent of the area to be excavated;
(c)
Location, width, and grade of all easements or rights-of-way on or abutting the property;
(d)
Location of all structures on the property;
(e)
Location of all areas on the property subject to inundation or flood hazard, and the location, width, and directions of the flow of all watercourses and flood control channels that may be affected by the excavation;
(f)
Bench marks;
(g)
Existing elevations using contours no greater than 100 feet. This requirement can be modified by the city on applications for quarry excavations, if the size of the site and uniformity of the grade is such that this information is not necessary in the review process of the application;
(h)
Typical cross-sections, showing the extent of overburden, extent of sand and gravel deposits, and the water table;
(i)
Processing and storage areas;
(j)
Proposed fencing, gates, parking and signs;
(k)
Ingress-egress roads, plus onsite roads and proposed surface treatment and means to limit dust;
(l)
A map showing access routes between the property and the nearest arterial road; and
(m)
Areas to be used for ponding.
(4)
An operational statement in which applicant addresses how potentially adverse impacts associated with pits operation will be mitigated, including a description of the following:
(a)
The approximate date of commencement of the excavation and the duration of the operation;
(b)
Proposed hours and days of the operation;
(c)
Estimated type and volume of the excavation;
(d)
Method of extracting and processing, including the disposition and overburden of top soils;
(e)
Equipment proposed to be used in the operation of the excavation;
(f)
Operating practices proposed to be used to minimize noise, dust, air contaminants, and vibration; and
(g)
Methods to prevent pollution of surface or underground water.
(5)
Reclamation plan and support documentation submitted to the Oregon Department of Geology and Mineral Industries (DOGAMI) in compliance to ORS 517.750 through 517.900, and documentation of DOGAMI’s approval of the plan.
(Ord. 1840, passed 2-28-1994)
§ 157.150 TRANSPORTATION IMPROVEMENTS, STANDARDS, AND PROCEDURES.
(A)
Purpose. The purpose of this section is to provide standards and procedures to implement provisions of the State Transportation Planning Rule (OAR 660, Division 12) and local, regional, and state transportation plans.
(B)
Applicability. The provisions of this section shall apply to all development and subdivisions subject to the Development Standards of § 157.160 et seq.
(C)
Notice and coordinated review. If a proposed development or subdivision is within 200 feet of a state highway, or an arterial or collector street, notice of the proposal shall be provided to the Oregon Department of Transportation (ODOT) and Umatilla County. Notice will help identify agency standards and provide an opportunity for agency input and coordinated review of transportation impacts.
(D)
Zone changes. In addition to the zone change approval criteria set forth in § 157.226(E), all zone changes shall conform to the adopted Transportation System Plan (TSP). Proposed zone changes shall not substantially impact the functional classification or operation of transportation facilities. To ensure proper review and mitigation, a traffic impact study may be required for proposals that may impact transportation facilities.
(E)
Traffic impact study. The applicant for a zone change, or a development or subdivision subject to the Development Standards of § 157.160 et seq., shall submit a traffic impact study when the proposal affects a transportation facility if it:
(1)
Changes the functional classification of an existing or planned transportation facility;
(2)
Changes standards implementing a functional classification system;
(3)
Allows types or levels of land use that would result in levels of traffic or access that are inconsistent with the functional classification of a transportation facility; or
(4)
Would reduce the level of service of the facility below the minimum acceptable level identified in the Transportation System Plan.
(F)
Transportation projects. The following transportation projects are permitted outright in all zones in the city:
(1)
Normal operation, maintenance, repair, and preservation activities associated with transportation facilities.
(2)
Installation of culverts, pathways, fencing, guardrails, lighting, and similar types of improvements that take place within the public right-of-way.
(3)
Landscaping as part of a transportation facility.
(4)
Acquisition of right-of-way for public roads, highways, and other transportation projects identified in the TSP.
(5)
Transportation projects specifically identified in the TSP.
(6)
Emergency measures as necessary for the safety and protection of property.
(G)
Access management. The following access management provisions shall apply to all development and subdivisions subject to the Development Standards of § 157.160 et seq.:
(1)
Development shall preserve the flow of traffic in terms of safety, capacity, functional classification, and level of services. Access management policies set forth in the city TSP and the Oregon Highway Plan will apply to any proposals for new access or change of existing access.
(2)
Residential driveways shall be located to optimize intersection operation and, where possible, to access off the street with the lowest functional classification. For example, if a house is located on the corner of a local street and a minor collector, the driveway shall access from the local street as long as it can be located a sufficient distance from the intersection.
(3)
Properties that front on collector or arterial streets are encouraged to share an access with neighboring properties.
(4)
Access to state highways is regulated by the Oregon Department of Transportation (ODOT) as described in the Oregon Highway Plan. Umatilla County regulates access to county roads.
(5)
A system of joint use driveways, sidewalks, and cross access easements shall be established for commercial and office developments wherever feasible and shall incorporate the following:
(a)
A design speed of ten m.p.h. and a maximum width of 20 feet to accommodate two-way travel aisles for automobiles, service vehicles, and loading vehicles.
(b)
A unified access and circulation plan for coordinated or shared parking areas.
(6)
Pursuant to subsection (5) of this section, property owners shall record the following documents with the Umatilla County Recorder:
(a)
An easement allowing cross access to and from other properties served by the joint use driveways, sidewalks, and cross access or service drive;
(b)
A joint maintenance agreement defining maintenance responsibilities of property owners.
(7)
The Planning Director or the Planning Commission may modify or waive the requirements of subsections (5) and (6) of this section where the characteristics or layout of abutting properties would make development of a unified or shared access and circulation system impractical.
(H)
Street standards. Standards for streets, sidewalks, bike lanes, planting strips and right-of-way widths are adopted in the TSP and incorporated into this section by reference:
Table 1: Urban Arterial Cross Sections
Table 2: Urban Collector Cross Sections
Table 3: Urban Local Street Cross Sections
Table 4: Rural Arterial/Collector/Local Road Cross Sections
(I)
Right-of-way dedication and improvement. Right-of-way shall be dedicated as part of the development approval process. Improvements shall take place consistent with adopted street standards concurrent with the development or under a development agreement approved by the City Planning Commission or City Council.
(J)
Bike lanes and bikeways. Bike lanes and bikeways shall be provided in accordance with the adopted TSP. Except as amended or altered by the TSP, bike lanes shall be provided along collector and arterial streets. Bike lanes and bikeways shall be constructed consistent with ODOT bicycle plan standards.
(K)
Sidewalks. Sidewalks shall be provided along both sides of public streets, consistent with the standards of the TSP. Options are provided for curbside or setback sidewalks.
(L)
Internal connections and bicycle parking.
(1)
Internal pedestrian circulation shall be provided within new commercial, office, institutional and multifamily residential developments through the clustering of buildings, construction of hard surface walkways, landscaping, or similar techniques.
(2)
Internal pedestrian systems shall connect with external existing or planned systems. Walkways shall be as direct as possible and shall limit out-of-direction travel. Walkways shall be paved with a hard surface material and shall be no less than five feet in width. The walkways shall be separated from parking areas and internal driveways using curbing, landscaping, or distinctive paving material.
(3)
Opportunities for at least one pedestrian walkway should be provided between adjacent commercial, office, and institutional development.
(4)
Bicycle parking shall be provided for new commercial, office, institutional, and multifamily developments with more than 15 off-street parking spaces. Bicycle parking spaces must be a minimum of six feet in length, two feet in width, and have an overhead clearance of six feet. Bicycle parking spaces should be located as near as possible to building entrances used by automobile occupants.
(Ord. 2003, passed 12-13-1999)
§ 157.151 PROHIBITED ACTIVITIES.
(A)
Tents. Tents shall not be allowed to accommodate a use permitted outright or an approved conditional use in any zone except the Open Space (OS) zone. Tents smaller than 400 square feet in gross floor area and all tents used for temporary activities, such as but not limited to, fairs, circuses, recreational activities and seasonal or other temporary sales are not regulated by this provision.
(B)
Marijuana related activities. The following activities shall be prohibited activities in the R-3, R-4, C-1, C-2, DCO, M-1, and M-2 zones:
(1)
Marijuana processing sites;
(2)
Medical marijuana dispensaries registered under ORS 475.314;
(3)
Marijuana producers licensed under Section 19, Chapter 1, Oregon Laws 2015;
(4)
Marijuana processors licensed under Section 20, Chapter 1, Oregon Laws 2015;
(5)
Marijuana wholesalers licensed under Section 21, Chapter 1, Oregon Laws 2015;
(6)
Marijuana retailers licensed under Section 22, Chapter 1, Oregon Laws 2015; or
(7)
Any combination of the entities described in this section.
(Ord. 2109, passed 6-27-2005; Am. Ord. 2234, passed 11-23-2015)
§ 157.152 COMMON WALL HOUSING.
(A)
Common wall, attached single-family housing shall be allowed in the R-2, R-3, R-4 and RR zones. Attached single-family housing shall not be allowed in the R-1 zone.
(B)
Where common wall housing is proposed, the minimum lot area shall be calculated using the density standards of the underlying zone for the number of units. At no time may there be more common wall units than would be allowed for traditional single lot multi-family housing.
(C)
There shall be no setback for attached units where abutting a common wall. The sideyard setback on each end of a common housing block shall be the same as that in the underlying zone.
(D)
Front and rear setbacks shall be the same as those in the underlying zone.
(E)
Lot coverage requirements shall be calculated for the aggregate of all common wall attached units and shall be the same as the coverage requirement in the underlying zone.
(F)
Where common wall dwellings abut a lot line, all provisions of the building code for zero lot line housing shall apply.
(G)
Where common wall dwellings are proposed, each dwelling shall be serviced by an individual water meter and sewer connection. Group metering and connections are not allowed.
(H)
All units with a common wall must be constructed concurrently and be under the same ownership at the time of initial construction.
(I)
Common walls must follow the property line and have no openings.
(Ord. 2180, passed 7-25-2011)
§ 157.153 Junkyards.
(A)
Property and enclosure maintenance. Any person, firm, or corporation conducting within the city the business of storing, wrecking, dismantling or selling any used article shall confine the business within a building or within a sight-obscuring fenced enclosure, the fence to be substantially constructed on all open sides or ends of the premises, to a height of at least seven feet above the ground, and without openings or apertures, excepting necessary gateways or doors for ingress or egress, and which gates and doors in the fence shall be kept closed when not in use for ingress or egress.
(B)
Objects out of public view. No junk belonging to or under control of the person, firm or corporation conducting business shall be placed in public view outside of the building or fenced enclosure where the business is conducted. This prohibition does not apply to the sale of vehicles as defined in ORS 801.590, including but not limited to recreational vehicles and manufactured dwellings, or structures on property zoned for such sales and with any approvals required pursuant to Chapter 157.
(Ord. 2301, passed 7-27-2020)
