Hood River City Zoning Code
17.04 Supplementary
Provisions
17.04.010 Maintenance of minimum ordinance requirements.
No lot area, yard, or other open space existing on or after the effective date of the ordinance codified in this title shall be reduced below the minimum required for it by this title. No lot area, yard, or other open space that is required by this title for one (1) use, shall be used as the required lot area, yard, or other open space for another use.
17.04.020 Access.
Every lot or parcel shall have access on a street other than an alley, for at least twenty (20) feet of width.
17.04.030 General provisions regarding accessory uses and accessory structures.
An accessory use or structure shall comply with the requirements for a principal use or structure with the following exceptions.
A. In the R-1, R-2, R-3 and C-1 zones, accessory structures used for non-business purposes that are less than 10-feet tall and have a footprint less than 100-square feet in gross area (i.e. exterior dimensions) may encroach into the side and rear-yard setback areas of the underlying zoning district but shall be located no less than three (3) feet from side and rear property lines (including eaves and other projections).
17.04.040 General exceptions to building height limitations.
Vertical projections such as chimneys, spires, domes, towers, aerials, flagpoles, and similar objects not used for human occupancy are not subject to the building height limitations of this title.
17.04.050 Fences and walls.
A. Fences and walls not more than six (6) feet in height are permitted within or on all property lines and on corner lots or parcels when vision clearance requirements are met.
B. Height is measured from original ground elevation in accordance with the City Engineering Standards.
C. A fence that is six (6) feet or less as measured from original ground elevation in accordance with City Engineering Standards, is not considered a structure for purposes of setbacks established in this title.
D. All retaining walls are considered structures from purposes of setbacks, and may not be located within the front, side or rear setback for a building except as provided in this title.
17.04.060 Retaining walls.
A. Retaining walls less than four (4) feet in height are permitted within or on all setback lines when the retaining wall retains earth on the parcel on which the retaining wall is built.
B. If more than one retaining wall is located within the setback, the distance between each wall must be equal to the height of both walls, and the area between the walls must be landscaped.
C. There shall be no more than 4’ of exposed wall face on a retaining wall within a setback adjacent to a public right-of-way.
D. One retaining wall of any height may be located within or on all property lines if the wall retains earth on the adjoining parcel and, if on a corner lot or parcel, when vision clearance requirements are met.
E. Height is measured from original ground elevation in accordance with the City Engineering Standards.
F. The limitations on location and height of retaining walls in this title do not apply to retaining walls located within the public right of way for the purpose of constructing or maintaining the public right of way.
17.04.070 General exceptions to lot area requirements.
Lots of record existing as of December 1999 that are less than the required lot area and or have less than the required frontage specified in this title may be utilized provided all other requirements of the zone are met.
The Planning Director may waive lot frontage and lot area requirements on platted lots, platted prior to this provision, by not more than five percent (5%) of the requirements of this title. Parcels subject to this exception are subject to Title 16 requirements.
17.04.080 Illegal occupancy.
Any use of premises or building which deviates from or violates any of the provisions of this title shall be termed an illegal occupancy and the persons responsible therefore shall be subject to the penalties provided herein.
17.04.090 Vision clearance area.
Corner lots or parcels in all residential zones and fences, walls, and retaining walls on property lines shall provide and maintain a vision clearance area. A “vision clearance area” is defined as a triangular area formed at a corner lot or parcel by the intersection of the street curb and a straight line joining said lines through points fifteen (15) feet back from their intersection. See Diagram “A” – 17.04.090.
The vision clearance area shall provide an area of unobstructed vision from three and one-half (3 1/2) feet to eight (8) feet above the top of the curb at the side of the vision clearance line intersection with the curb having the lower elevation. Natural topographic features, utility poles, and tree trunks are excluded from this requirement.
17.04.100 Home occupation.
The following criteria apply to a home occupation, as defined in this code.
1. It shall not give the appearance of a business.
2. It shall not change the character of the dwelling.
3. There shall be no display, except by a non-illuminated sign no larger than one (1) square foot.
4. No more than one assistant shall be employed on the site.
5. There shall be no increase in noise outside the dwelling unit.
6. There is only a minor increase, if any, in traffic traveling to and from the dwelling unit.
17.04.110 Bed and breakfast facilities.
Bed and Breakfast facilities are permitted in the Urban Standard Density Residential (R-2), Urban High Density Residential Zone (R-3), Office/Residential Zone (C-1), and General Commercial Zone (C-2).
A. Review Procedures.
1. Applications: Applications for Bed and Breakfasts Permits shall be accompanied by a plot plan drawn to scale indicating the location of existing or proposed structures, number of guests or bedrooms, and location of the required off-street vehicle parking.
2. Review: Where permitted, Bed and Breakfast facilities are permitted outright as accessory uses, and as such shall be processed as administrative actions, per the Administrative Actions provisions (Section 17.09.030), and approved, approved with conditions, or denied by the Director.
B. Approval Standards.
1. The structure shall retain the characteristics of a single-family dwelling.
2. The number of guestrooms shall be limited to five (5). The number of guests shall be limited to ten (10).
3. In addition to required off-street parking for the residential use, one (1) hard surfaced off-street parking space shall be provided for each bed and breakfast guestroom. Parking areas shall not be located in the front yard. Parking areas may be adjacent to the Bed and Breakfast establishment. Alternative parking plans that meet the requirements of this chapter may be approved by the Planning Director.
4. Signs shall be limited to one (1) non-illuminated sign not exceeding one and one-half (1½) square feet. No off-premises signs are permitted.
5. A bed and breakfast facility shall be subject to the Hotel Tax pursuant to Chapter 5.09 of the Hood River Municipal Code. Where a morning meal is provided as part of the guest room charges, the hotel tax will be imposed on eighty percent (80%) of the rent charged by the bed and breakfast operator.
6. A bed and breakfast facility shall be subject to approval by the County Health Officer, the City Fire Marshal, and the City Building Official.
7. The bed and breakfast facility shall be owner or manager occupied.
C. Time Limit. A bed and breakfast facilities permit is valid for a period of two (2) years from the written notice of the final decision, or the decision on an appeal, whichever is later.
17.04.115 Hosted homeshares and vacation home rentals.
Dwelling units may be used as hosted homeshares of vacation home rentals in the Urban Low Density Residential Zone (R-1), Urban Standard Density Residential Zone (R-2), Urban High Density Residential Zone (R-3), Office/Residential Zone (C-1), and General Commercial Zone (C-2).
A. License Required.
1. Persons operating a hosted homeshare or vacation home rental shall obtain a short-term rental operating license pursuant to Chapter 5.10 of the Hood River Municipal Code.
B. Use Restrictions – All Zones.
1. The room(s) for transient rental shall not include rooms within a recreational vehicle, travel trailer, or tent or other temporary shelter. Rooms within a detached or attached accessory dwelling unit are subject to HRMC 17.23.
2. The maximum occupancy for the dwelling shall be two persons per bedroom plus two additional persons. For example, a two-bedroom dwelling would have a maximum occupancy of six persons.
3. One (1) hard surfaced off-street parking space shall be provided for every two bedrooms. In calculating the number of spaces required, the total shall be rounded up. Parking areas shall not be located in the front yard. If the garage is to be utilized to meet the parking requirement, a photo of the interior of the garage shall be submitted to show the garage is available for parking. Required parking may be permitted on another lot within 250 feet of the subject property with a shared parking agreement or proof of legal parking access.
C. Additional Use Restrictions – Residential Zones (R-1, R-2 and R-3).
1. A hosted homeshare or vacation home rental is only permitted when it is an accessory use to the existing and continued residential use of a dwelling as the primary residence of the property owner. Proof of primary residence shall be provided in accordance with Chapter 5.10 of the Hood River Municipal Code.
2. The accessory use of a primary residence as a hosted homeshare or vacation home rental is limited to a total of ninety (90) days per calendar year.
D. Prior Existing (Nonconforming) Use. For purposes of hosted homeshare and vacation home rentals, the nonconforming use provisions in HRMC Chapter 17.05 (Nonconforming Uses and Structures) shall apply except as specifically modified in this section.
1. Except as provided in subsection D6, any hosted homeshare or vacation home rental lawfully established and actually in existence prior to the effective date of this 2016 ordinance may continue as a legal nonconforming use subject to the following “amortization periods”:
a. Until 5 years from the adoption date of this ordinance, at which time use of the property shall come into compliance with the parking requirements in 17.04.115(B)(3).
b. Until 7 years from the adoption date of this ordinance, at which time use of the property shall come into full compliance with the then-applicable provisions of this HRMC Title 17.
2. A hosted homeshare or vacation home rental in the R-1, R-2 and R-3 zones shall be deemed to be lawfully established and actually in existence if, at any time between January 1, 2013 and the effective date of this 2016 ordinance all of the following occurred:
a. The home was actually used as a hosted homeshare or vacation home rental as defined in HRMC 17.01.060;
b. The owner obtained from the City a Certificate of Authority to Collect Transient Room Tax; and
c. The owner actually paid a Hotel Tax to the City pursuant to HRMC Chapter 5.09.
3. The proponent of the nonconforming use status of a hosted homeshare or vacation home rental has the burden of proving by a preponderance of credible evidence all of the elements of a nonconforming hosted homeshare or vacation home rental.
4. In addition to proving the elements of a nonconforming hosted homeshare or vacation home rental as described in subsection D2 of this section, to maintain that status, the owner shall apply for and obtain a Short Term Rental Operating License under HRMC Chapter 5.10 within 12 months of the effective date of Ordinance 2026, which is October 13, 2017, and maintain in good standing that License for the remaining duration of the amortization periods provided in this section. Failure to maintain the Short Term Rental Operating License in good standing for the remaining duration of the amortization periods shall result in the immediate termination of any nonconforming use status the home may otherwise have had by operation of law and without the need for any action by the City. The non-conforming use status provided for herein does not transfer with title to the property.
5. A valid non-conforming hosted homeshare or vacation home rental under this subsection D may be nonconforming with regard to subsection 17.04.115(B)(3), (C)(1) and (C)(2) requirements provided that the extent of the non-conformity with subsection C2 is limited to the maximum number of nights of transient rental which previously occurred in any one of the following calendar years: 2013, 2014, 2015 or 2016 to the effective date of this ordinance.
6. In the event that the amortization periods provided for herein are insufficient compensation for a property owner to recoup his or her reasonable investment in the property’s actual use as a lawful transient rental (i.e., hosted homeshare or vacation home rental) or imposition of these regulations results in a demonstrable reduction in the property’s fair market value, such a property owner may apply for and seek additional or other compensation from the City under ORS 195.310 to 195.314. Such a property owner may also provide documentation of the owner’s reasonable investments in the nonconforming use of the property exclusively for its use as a transient rental that exceed the value that can be recouped by continued transient rental use of the property for the amortization periods and which cannot be put to any other economically viable use of the property. If the property owner demonstrates with credible evidence a reduction in fair market value or that the owner’s reasonable investment in the property as a lawful transient rental is not recouped by the amortization periods provided for herein, the city may provide additional compensation in a form and amount of its choosing. The property owner may appeal any such final determination pursuant to ORS 195.318.
17.04.120 Maximum lot coverage.
A. Definitions:
1. Lot Coverage: The percentage determined by dividing (a) the area of a lot covered by the total (in square feet) of: (1) the footprint of the main building; and (2) the footprints of accessory buildings (counting only buildings with footprints larger than one hundred fifty (150) square feet, or with two stories or more); and (3) parking pads and driveways; by (b) the gross area of the that lot.
2. Main Building Footprint Coverage: The percentage determined by dividing that area covered by a main building footprint by the gross area of the lot on which the main building is located. The main building footprint includes all parts of a main building that rest, directly or indirectly, on the ground, including, by way of illustration and not by limitation, bay-windows with floor area, chimneys, porches, decks supported by posts and with floor heights that are four (4) feet or higher above grade, cantilevered decks with horizontal projections that are four (4) feet or more, and covered breezeways connected to a main building.
B. Coverage: Maximum lot coverage applies to any residential development lot in the “R” and “C-1” zones for all existing structures and new construction, except as provided below. Maximum lot coverage for residential dwellings is as shown in the table below.
1. When a detached garage is provided in the rear yard, the maximum lot coverage may be increased as shown in the table below.
2. When a covered porch is attached to the front elevation at grade level of the residential dwelling and has an area of at least sixty (60) square feet on the front of the building (exclusive of any wrap-around or side porch), the maximum coverage may be increased as shown in the table below.
Categories | R-1 | R-2 | R-3 | C-1 |
|---|---|---|---|---|
Maximum Lot Coverage | 40% | 45% | 55% | 65% |
Maximum Lot Coverage with front porch | 43% | 48% | 58% | 68% |
Maximum Lot Coverage with detached rear garage | 45% | 50% | 60% | 70% |
Maximum Lot Coverage with detached rear garage and front porch | 48% | 53% | 63% | 73% |
3. Where a driveway or parking pad is constructed of permeable paving materials the calculated area shall be reduced by 50 percent (e.g. only 100-square feet of a 200-square-foot driveway constructed of permeable pavers is included in the lot coverage calculation) under the following circumstances:
a. The permeable paving materials must be installed consistent with specifications of the manufacturer or the City Engineering Department for purposes of stormwater infiltration; and the driveway provides vehicular access to either:
1. A detached garage located in a rear yard (i.e. between the main structure and the rear property line); or
2. A garage that is attached to the rear of the main structure and the garage door does not face an adjacent street excluding alleys.
See graphic below for eligibility
4. Existing main and accessory structures that are not in conformance with these coverage requirements on September 1, 2006, are permitted to be rebuilt within the building footprint as it existed on September 1, 2006, if the structures are damaged or partially destroyed by fire, wind, earthquake or other force majeure and if construction commences within two (2) years from the date of the calamity.
5. Multi-family dwellings are exempt from the lot coverage requirements but shall comply with HRMC 17.16 Site Plan Review Criteria and HRMC 17.17 Landscaping and Development Standards.
6. Planned Developments (PUDs) are exempt from the lot coverage requirement but shall comply with HRMC 17.07, Planned Developments. (Ord. 2053 §1, 2020)
17.04.130 General requirements for parking lots.
A parking lot, whether an accessory or principal use, intended for the parking of four (4) or more automobiles or trucks shall comply with the following stipulations.
1. Areas used for standing or maneuvering of vehicles shall have hard surfaces maintained adequately for all-weather use and be so designed as to avoid flow of water across sidewalks.
2. Access aisles shall be of sufficient width for all vehicular turning and maneuvering.
3. Service drives to off-street parking areas shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access, and provide the maximum safety of pedestrians and vehicular traffic on the site.
4. Service drives for parking lots shall have a minimum vision clearance area formed by the intersection of the driveway center line, the street right-of-way line, and a straight line joining said lines through points fifteen (15) feet from their intersection. Exceptions may be granted by the Building Official with the provision of safety devices.
5. Landscaping shall be in conformance with the landscape standards in this title. Duplexes are excluded from this requirement.
17.04.140 Exception to permit expiration.
The expiration date of any permit issued under Title 16 and/or Title 17 for a low income housing project that receives federal funding, whether directly or through tax credits, and for which a deed restriction is required for each unit of affordable housing preserving the unit as affordable housing for no less than 40 years, may be automatically extended by the Planning Director, on good cause shown, for up to 2 additional 2 year periods. If the permit has already expired, the extension(s) may be granted so long as not more than 60 days have passed between the expiration date and the extension request. Extension requests must be submitted to the Planning Director in writing.