The purposes of this chapter are to establish overlying zones, supplementary property development standards, and limitations for special land uses which have been identified because of particular characteristics. These characteristics, whether valuable resources, hazards, or special uses, must be carefully regulated in terms of all development proposals.

(Ord. No. 3266 (Series 2023), § 3.1.001, 8-2-2023)

The standards in this chapter relate to the special characteristics of the uses identified in the chapter and, unless otherwise specified, are to be applied in addition to all other applicable standards prescribed in this subpart. In the event that the standards contained in this chapter differ from other applicable standards of this subpart, the more stringent standards shall prevail.

(Ord. No. 3266 (Series 2023), § 3.1.002, 8-2-2023)

This article establishes placement standards and procedures for placing a manufactured dwelling, single-family building, two-family dwelling or apartment building on an individual lot in the HD, RR-1, R-1, R-2, R-3 and R-P Zones; and further establishes design standards for single-family dwellings, two-family dwellings, apartment dwellings and manufactured homes.

(Ord. No. 3266 (Series 2023), § 3.2.001, 8-2-2023)

(a)

The purpose of this article is to provide an opportunity for placement or construction of residences that meet dwelling placement standards on individual lots in the HD, RR-1, R-1, R-2, R-3, and R-P residential zones, provided that nothing herein shall be construed as abrogating a recorded restrictive covenant.

(b)

The provisions contained herein are intended to provide a wider choice of housing types to accommodate the lifestyles and economic levels of the projected population. It is further intended that these provisions will foster quality housing that will comply with all city and state regulations and minimize land use conflicts with the surrounding area.

(Ord. No. 3266 (Series 2023), § 3.2.002, 8-2-2023)

The manufactured dwelling shall adhere to standards in subsections (1) through (8) of this section and single-family, two-family, three-family and apartment buildings shall adhere to standards in subsections (5) through (8) of this section.

(1)

a.

Manufactured dwellings shall be constructed in accordance with the National Manufactured Housing Construction Safety Standards Act of 1974 as amended on August 22, 1981, be multi-sectional (double wide or wider). Single wide manufactured dwellings, including expandable units, pop-outs and tilt-outs shall be allowed in manufactured dwelling parks only, except as provided below. Manufactured dwellings located within manufactured dwelling parks shall not be subject to standards found in subsections (2) through (8) of this section.

b.

Exceptions.

1.

A single wide manufactured dwelling may be allowed for a cottage home (tiny home) in accordance with article XXII of this chapter.

2.

A single wide manufactured dwelling may be allowed as an accessory dwelling unit in accordance with chapter 107, article IX.

(2)

Manufactured dwellings shall be permanently placed on a concrete foundation complying with the minimum set-up standards of the adopted state manufactured dwelling standard and adopted building codes.

(3)

Manufactured dwellings shall have exterior siding and roofing with the color, material and appearances similar to the exterior siding and roofing material used on residential dwellings within the neighborhood, or that is similar in appearance to the predominant materials typically used for single-family residential construction. Manufactured dwellings on individual lots shall not have bare (or corrugated) metal siding or roofing.

(4)

A manufactured dwelling, single-family, two-family, three-family or apartment building shall have all of the following design features when placed outside of a manufactured dwelling park:

a.

A roof pitch greater than or equal to a nominal 3:12. The only exception to this rule shall be triple-wide manufactured homes, where a roof pitch of 2½:12 or greater is allowed.

b.

Covered porch entries. Only the main or front entrance must be covered. Secondary or rear entrances need not be covered. A covered, recessed entryway (see subsection (5)j of this section) may be substituted for a covered porch to meet this standard.

c.

Pre-landscaped front yards; if bonding, the bond amount shall not exceed $500.00 per lot. Building site plans shall specify front yard landscaping that will be in place (seeded or installed) prior to occupancy. Plans shall provide for grass or decorative ground cover (bark, decorative rock or vegetative ground cover) and a minimum of one front yard tree in accordance with the standards provided in the community forestry program guide.

d.

Street trees as required by the subdivision or partition plat approval, if applicable.

e.

At least one covered parking space per dwelling unit.

(5)

A manufactured dwelling, single-family, two-family or apartment building shall have at least five of the following design features when placed outside of a manufactured dwelling park:

a.

Attached garage or covered parking for at least one vehicle per dwelling unit (an attached carport meets this standard; detached covered parking does not).

b.

Bay or bow windows (the provision of one such window per dwelling unit is sufficient).

c.

Dormers (the provision of one such roof feature per dwelling unit is sufficient).

d.

Eaves (minimum 12-inch projection). Twelve-inch eaves shall be provided on all sides of the building to meet this standard.

e.

Fences, decks and patios (to meet this standard, fencing must be provided along at least 25 percent of the lot circumference; the minimum size for a deck or patio to qualify is 64 square feet). Dwellings with one or more listed features meeting these standards shall be given credit for meeting one or more of the required design standards.

f.

Front porch and entry facing the front property line (entryway can be located on the long or short axis of the dwelling).

g.

Masonry perimeter enclosure at base, such as poured concrete foundation (wood products covered with a treatment to appear as masonry do not qualify).

h.

Off-sets on building face or roof minimum 12 (the provision of one such roof or facade feature is sufficient).

i.

Pillars or posts (requires at least one pair, decorative or plain, but finished in a manner that is consistent with the dwelling exterior).

j.

Recessed entries (the depth of the recessed entry shall be at least 18 inches to qualify).

k.

Structural additions to alter the shape of the structure (any feature not listed above that alters the rectangular or square shape of the dwelling will be considered; an attached garage or carport that provides an altered roof line or wall orientation compared to the dwelling complies as well).

l.

Window shutters (shall be provided for all windows to meet this standard).

(6)

Plans indicating the requisite number of architectural features will be required upon application to the community development department/planning division. No final inspection for occupancy will be approved until compliance is confirmed.

(7)

Additions to all dwelling units shall be architecturally compatible with the original building, as determined by the community development director/planner. Similar siding and roofing materials and colors are required unless the owner can demonstrate support for an alternate treatment from a majority of the property owners within 100 feet.

(8)

All dwelling units and accessory buildings shall have fire protection. For all structures located outside of a fire district, a fire protection agreement with a fire district shall be established prior to obtaining a building permit. The fire protection agreement shall be maintained until such structures are located within a fire district.

(9)

Any exterior lighting installed on a property shall be either shielded or down directed so as to not cast a direct light onto adjacent properties or residences.

(Ord. No. 3266 (Series 2023), § 3.2.003, 8-2-2023)

Prior to applying for and obtaining any permits from the building official, the applicant shall submit evidence that the manufactured dwelling or single-family building complies with section 109-27 in the form and content required by the community development director/planner.

(Ord. No. 3266 (Series 2023), § 3.2.004, 8-2-2023)

The purpose of this article is to permit and encourage the location of single-family manufactured dwellings in manufactured dwelling parks in the high density residential area; to provide minimum development standards which will enhance the appearance of manufactured dwelling parks within residential neighborhoods and which will help to minimize land use conflicts and to provide a process for site plan review in order to ensure compliance with the provisions of this subpart.

(Ord. No. 3266 (Series 2023), § 3.2.005, 8-2-2023)

(a)

A manufactured dwelling park is a conditional use in the R-2 Medium Density Residential and R-3 High Density Residential Zones.

(b)

A manufactured dwelling park shall be used for manufactured dwellings and their accessory uses and may include or require recreation facilities.

(c)

The design for a manufactured dwelling park shall conform to all applicable state manufactured dwelling park standards administered by the state building codes division.

(d)

Final area development approval is required by the state building codes division prior to occupancy of a new manufactured dwelling park.

(e)

Permits shall be obtained from the community development department/building division for placement of manufactured dwellings in manufactured dwelling parks after approval of the park for occupancy. A final inspection of the manufactured dwelling must be approved prior to occupancy.

(Ord. No. 3266 (Series 2023), § 3.2.006, 8-2-2023)

A site plan of a proposed manufactured dwelling park shall be filed and approved in accordance with the procedures set forth in chapter 101, article III, division 2.

(Ord. No. 3266 (Series 2023), § 3.2.007, 8-2-2023)

In addition to the site plan requirements of chapter 101, article III, the site plan shall include the following:

(1)

A manufactured dwelling park shall have a minimum area of two acres.

(2)

Each manufactured dwelling space shall have a minimum width of 35 feet and a minimum depth of 90 feet.

(3)

a.

Interior street shall have a minimum width of 30 feet with a sidewalk four feet in width. Interior streets may be reduced to 20 feet in width where no parking is enforced and an equal amount of off-street parking is provided in each block, such parking bays or interior parking lots. Streets and parking areas shall be paved with a minimum of two inches asphalt concrete paving.

b.

Primary vehicular access shall be provided from a dedicated street. Vehicular access to lots fronting on state highways or county or public roads shall be subject to the approval of the agency having responsibility for the public road.

(4)

Each manufactured dwelling space shall have at least one nine-foot by 18-foot paved parking spaces. At least one additional off-street parking space shall be provided for every three manufactured dwelling spaces in the manufactured dwelling park.

(5)

a.

A separate recreational play area shall be provided in manufactured dwelling parks that accommodate children under 14 years of age. Such play area shall be at least 2,500 square feet in area, plus 100 square feet for each manufactured dwelling space under 4,000 square feet.

b.

Recreational play areas must include at least three of the following improvements, adequate to meet the recreational needs of tenants, and subject to the approval of the planning commission:

1.

Barbecue pit and picnic tables.

2.

Horseshoe pits.

3.

Hot tub.

4.

Landscaping, including a turf play area.

5.

Playground equipment.

6.

Seating and observation areas.

7.

Swimming pool.

8.

Tennis court.

9.

Volleyball court.

10.

Any other recreational facility similar in nature to those listed as approved by the planning commission.

(6)

a.

A manufactured dwelling park shall include a storage area for accessory equipment such as boats, utility and recreation trailers, park maintenance equipment and the like.

b.

There shall be no outdoor storage of furniture, tools, equipment, building materials, or supplies belonging to the occupants or management of the park.

(7)

All utilities in the manufactured dwelling park shall be installed underground.

(8)

A decorative sight-obscuring fence in combination with shrubbery landscaping shall be provided along the perimeter public streets and it shall be the continuing responsibility of the manufactured dwelling park owner to provide its permanent maintenance. Such fencing shall be six feet in height, except within the clear vision area at street and driveway intersections where it shall comply with the clear vision area or sight triangle standards in section 107-147.

(9)

A manufactured dwelling park shall have a sewer and water system approved by the city prior to the placement of manufactured dwellings. Engineered plans shall be submitted as part of the site plan requirements.

(10)

All street, sewer, and water connections to city public works facilities shall be approved by the city engineer or engineering superintendent.

(11)

No building or structure shall exceed 20 feet in height.

(12)

Manufactured dwelling parks shall be landscaped as required in chapter 107, article VI.

(Ord. No. 3266 (Series 2023), § 3.2.008, 8-2-2023)

(a)

A structure that has a department of housing and urban development label certifying that the structure is constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 as amended; and is constructed for movement on the public highways, has plumbing and cooking facilities, is intended for human occupancy, and is intended for use as a residence.

(b)

Placement of manufactured dwellings shall comply with the regulations of the state manufactured dwelling standard and, except for a structure which conforms to the state manufactured dwelling standard definition of a manufactured dwelling accessory structure, building, or garage, no extension shall be attached to a manufactured dwelling.

(c)

All perimeter manufactured dwelling spaces within a manufactured dwelling park shall be restricted to double wide manufactured dwellings with a pitched non-metal roof except where such interior spaces abut another manufactured dwelling park or manufactured dwelling subdivision.

(d)

Manufactured dwellings and any accessory structures in a manufactured dwelling park shall comply with the following minimum setbacks:

(1)

15 feet between manufactured dwelling and from any park buildings;

(2)

Six feet from any detached accessory building, deck, landing, steps, ramp, awning or carport on an adjacent lot and from any garage on the same or adjacent lot;

(3)

Three feet from any accessory building on the same lot;

(4)

20 feet from any abutting public street right-of-way;

(5)

Ten feet from the manufactured dwelling park interior property boundary line, except that special setbacks may be required in areas with scenic impact and where the manufactured dwelling park adjoins frame dwelling residential units. The required setback shall be shown on the final site plan.

(e)

Manufactured dwellings shall have continuous skirting between the manufactured dwelling and the ground and must be installed within 30 days after placement. Skirting shall be of materials approved in the state manufactured dwelling standards.

(f)

Manufactured dwellings shall have a minimum gross floor area of 500 square feet.

(Ord. No. 3266 (Series 2023), § 3.2.009, 8-2-2023)

This article provides specific uniform standards for recreational vehicle parks and campgrounds which are allowed in some zones as conditional uses in addition to the normal standards of the zone in which they are located and in addition to any conditions of approval which may be imposed by the planning commission under section 101-224(5).

(Ord. No. 3266 (Series 2023), § 3.3.001, 8-2-2023)

A recreational vehicle park shall conform to state regulations and the following standards and requirements:

(1)

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. The application shall also be accompanied by any such information as listed on the application submittal checklist.

(2)

Evidence shall be provided that the park will be eligible for a certificate of sanitation as required by state law.

(3)

The park shall consist of four or more recreational vehicle spaces.

(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 paved in accordance with city standards.

(6)

Each recreation vehicle space shall have at least one ten-foot by 20-foot parking space exclusive of the recreation vehicle itself. Parking and driveway areas shall be paved or covered with crushed rock.

(7)

Outdoor lighting shall be provided. Lighting shall be oriented to prevent direct reflection 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 recreation vehicles in need of such service. One waste disposal dump station shall be provided for each 100 recreation vehicle sites, or part thereof. All sewer and water lines shall be first approved by the city engineer or engineering superintendent.

(10)

Sanitary facilities shall be provided in accordance with state standards.

(11)

Trash receptacles shall be provided in accordance with state standards.

(12)

All plumbing facilities shall be inspected and approved by the city community development department/building division.

(13)

Each recreation vehicle space shall be provided with electrical service.

(Ord. No. 3266 (Series 2023), § 3.3.002, 8-2-2023)

(a)

It shall be unlawful to occupy a recreational vehicle, tent, bivouac, tarp or other portable shelter for camping, living, sleeping, or other purposes other than in an approved recreational vehicle park or campground, except as follows:

(1)

Camping associated with bona fide guest usage is permitted but shall not to exceed 30 days cumulatively in any 12-month period. Camping shall only be permitted where sanitation facilities exist on-site such as a potable water source, restrooms and showers.

(2)

Recreational vehicle occupancy associated with the construction of a new dwelling, on a vacant or redevelopment lot, may be permitted subject to obtaining a temporary use permit as provided for in chapter 101, article III, division 3, and subject to the following conditions:

a.

Only one recreational vehicle may be permitted and shall be occupied by the owner of the property.

b.

A temporary use permit shall only be considered following the property owner obtaining the required building permits for the construction of the new dwelling.

c.

The temporary use permit shall be effective for six months, with provision of a six month extension, provided the required building permits remain valid. The temporary use permit shall be limited to a maximum period of one year.

d.

Recreational vehicle occupancy associated with the construction of an accessory structure shall not be allowed.

(3)

Camping in a recreational vehicle, tent, bivouac, tarp or other portable shelter shall be allowed as part of a bona fide event recognized by the city.

(b)

An unoccupied recreational vehicle shall not be stored within the front yard of any residential use if such storage results in a violation of the clear vision area or sight triangle provisions of this subpart.

(c)

It shall be unlawful to park a recreational vehicle on a public right-of-way for a time period exceeding 48 hours. Parking of recreational vehicles shall be in compliance with the city parking ordinance.

(Ord. No. 3266 (Series 2023), § 3.3.003, 8-2-2023)

The purpose of this designation is to bring awareness to the public and administering agencies to areas which by their geological composition are known to be hazardous due to unstable slopes and poor foundation soils, and which may require additional measures to protect the health, safety and general welfare of the public. This area designation will be used in conjunction with the parent zone designation.

(Ord. No. 3266 (Series 2023), § 3.4.001, 8-2-2023)

(a)

In any zone in which this classification is applied and for all lands within the Hillside Development (HD) Zone, the regulations of the base zone shall apply except that execution of a geologic hazard waiver shall be required for all uses. A geologic hazard site plan shall be required, when in the opinion of the community development director/planner (on recommendation of the building official and engineering superintendent) the extent of the project warrants detailed review. Public notice to neighboring properties shall be performed in conformance with chapter 101, article IV, division 2.

(b)

In considering site plan applications, the community development department/planning division shall relate such applications to the design standards which include, but are not limited to, the following:

(1)

The proposed use.

(2)

The natural drainage, amount of runoff and the extent of heavy runoff.

(3)

Changes in natural drainage pattern resulting from proposed activity or use, and the anticipated result.

(4)

Proposed method of removing the water from the site, including the location of site drains and storm sewers.

(5)

Proposed changes in the natural vegetation.

(6)

The extent of cuts and fills involved in the construction, including the maximum height and slope, and method and degree of compaction contemplated.

(7)

Method and type of slope stabilization.

(8)

The degree of lot coverage.

(9)

Existing topographic conditions (i.e., slope, type and extent of existing cover, etc.).

(10)

Type of sewage disposal.

(Ord. No. 3266 (Series 2023), § 3.4.002, 8-2-2023)

(a)

When property is to be developed in this zone, the applicant shall submit required data in accordance with section 109-89 and any such information as listed on the application submittal checklist. A signed geologic hazard waiver, on a form provided by the community development department/planning division, or a geotechnical engineer's study, if required by the community development director/planner and building official, shall be submitted to the community development department/planning division for approval. If the community development department/planning division finds that the proposed structures or uses are incompatible with the intent and purpose of this article, the planning commission or its designated representative shall endeavor to have such plans changed to conform to said purpose and intent.

(b)

In case the applicant is not satisfied with the planning commission's or its representative's action, they may appeal the decision pursuant to the provisions of chapter 101, article IV.

(Ord. No. 3266 (Series 2023), § 3.4.003, 8-2-2023)

The community development department/planning division in their review of said plans may seek the advice of any person or organization who in the opinion of the community development department/planning division is qualified to give such advice. Such person or organization must be devoid of any and all interest in the development in question.

(Ord. No. 3266 (Series 2023), § 3.4.004, 8-2-2023)

In no event shall building permits be issued in this zone until such site plans have been approved, or conditionally approved by the community development department/planning division, and a geologic hazard waiver has been signed and filed at the county recorder's office.

(Ord. No. 3266 (Series 2023), § 3.4.005, 8-2-2023)

(a)

Title. This Article shall be known as the "Historic Buildings and Sites Article of the Land Development Code" and may be so cited and pleaded.

(b)

Purpose and intent. This article and the regulations and restrictions contained therein are adopted and enacted for the purpose of promoting the health, safety and welfare of the present and future inhabitants of the city, including, but not limited to, the following:

(1)

To safeguard the city's historic and cultural heritage, as embodied and reflected in its landmarks and historic districts;

(2)

To revitalize neighborhoods by restoring confidence and creating an environment conducive to reinvestment and continued maintenance;

(3)

To stabilize and enhance property values;

(4)

To foster community identity and civic pride;

(5)

To protect, enhance, and perpetuate the use of structures, sites and areas that are reminders of past eras, events, and persons important in local, state, or national history; or which reflect the distinct phases of the city's, state's, or nation's cultural, social, economic, political, and architectural heritage;

(6)

To educate citizens about the city's history;

(7)

To promote compatible new development while at the same time protecting the old;

(8)

To protect and enhance the city's attractions to residents, tourists, and visitors, and serve as a support and stimulus to business and industry;

(9)

To strengthen the economy of the city;

(10)

To generally improve the quality of life in the city; and

(11)

To maintain community integrity for future generations.

(c)

Issuance of licenses and permits. Licenses and permits shall not be granted for the construction or alteration of any building or structure, or for the relocation of a building onto a lot, or for the change of the use in any land, building, or structure if such construction, alteration, moving, or change in use would be a violation of any of the provisions of this article.

(Ord. No. 3266 (Series 2023), § 3.5.001, 8-2-2023)

(a)

Amendment procedure.

(1)

This landmarks preservation article may be amended by the city council after said amendments shall have first been submitted for recommendation to the landmarks commission.

(2)

Any person seeking to amend the landmarks preservation article shall submit to the landmarks commission a written petition containing the following information:

a.

A specific description of the amendment desired;

b.

The reason and justification for such text change, and a statement setting forth the manner in which a proposed amendment would further promote the objectives and purposes of this article; and

c.

The filing fee established by city council resolution for land development code amendments.

(3)

Upon receipt of a petition, the commission shall hold a public hearing on the matter before submitting recommendations to the city council.

(4)

Before recommending an amendment to this article, it must be shown that such amendment is in the interest of the public, and is consistent with the goals and policies of the city comprehensive plan.

(b)

Operating procedures.

(1)

The commission shall elect from its membership a chairperson and a vice-chairperson, who shall serve for terms of one year. All regular members of the commission shall vote on agenda items, including the chairperson. However, the chairperson may not make a motion on any agenda item.

(2)

A majority of the current appointed members of the commission shall constitute a quorum for the transaction of business. All official actions of the commission shall require a majority vote of the members present and voting.

(c)

Review of land use requests.

(1)

All land use requests affecting designated and formally nominated landmarks shall first be submitted to the landmarks commission for review and recommendation before action is taken by the appropriate decision-making body.

(2)

The landmarks commission comment shall be limited to anticipated impacts, if any, to the integrity and character of the historic landmark being affected.

(3)

The recommendation of the landmarks commission shall be forwarded to the appropriate body making the final decision for their consideration.

(d)

Appealing decisions of landmarks commission. Any decision of the landmarks commission involving either the designation of a property as a historic landmark or their refusal to issue a certificate of historic appropriateness may be appealed to the city council. An appeal to the council must be made on or before 30 days after the commission's decision. The appeal shall set forth the specific reasons and justification for the applicant's opposition to the commission's decision.

(Ord. No. 3266 (Series 2023), § 3.5.002, 8-2-2023)

(a)

Purpose. The city landmarks commission may designate historic properties to the historic sites list as a means of providing recognition to and encouraging the preservation of historic properties in the community.

(b)

Criteria for designating properties to the historic sites list. Any district, building, structure, object or site may be designated to the historic sites list if it meets all the criteria outlined below:

(1)

It is located within the official boundaries of the city;

(2)

It is at least 50 years old;

(3)

It retains its historic integrity, in that there are no major alterations or additions that have obscured or destroyed the significant historic features. Major alterations that would destroy the historic integrity include, but are not limited to, changes in pitch of the main roof, enlargement or enclosure of windows on the principal facades, addition of upper stories or the removal of original upper stories, covering the exterior walls with non-historic materials, moving the resource from its original location to one that is dissimilar to the original, additions which significantly detract from or obscure the original form and appearance of the building or structure when viewed from the public way;

(4)

If the property does not meet the integrity requirements outlined in subsection (b)(3) of this section, it may still qualify for designation if it meets one of the following requirements for exceptional significance:

a.

It is directly associated with events of historic significance in the city, state, or nation;

b.

It is closely associated with the lives of persons who were of historic importance to the city, state, or nation;

c.

It exhibits significant methods of construction or materials that were used within the historic period; and

(5)

It has been documented according to the state historic preservation office standards for intensive level surveys, and copies of that documentation have been placed in the local and state historic preservation files.

(c)

Designation procedures. Any person, group, or government agency may nominate a property for listing in the city historic sites list. The nomination and listing procedures are as follows:

(1)

Completed intensive level survey documentation for each nominated property must be submitted in duplicate to the landmarks commission.

(2)

The commission will review and consider properly submitted nominations at its next scheduled meeting. The commission will notify the nominating party and property owner, either orally or in writing, 14 days prior to the meeting that the nomination will be considered and will place that item on the agenda posted for the meeting.

(3)

The landmarks commission will review the documentation for completeness, accuracy and compliance with the Criteria for Designating Historic Properties to the City Historic Sites List and will make its decision accordingly.

(d)

Results of designation to historic sites list.

(1)

Owners of officially designated historic sites may obtain a historic site certificate from the landmarks commission. The certificate contains the historic name of the property, the date of designation, and signatures of the mayor and the landmarks commission chairperson.

(2)

The commission will also deposit a listing of designated historic sites with the planning commission and building division.

(3)

Properties designated to the historic sites list may receive special consideration in the granting of zoning variance permits or conditional use permits, and they may be eligible for rehabilitation and/or preservation loans.

(4)

If a historic site is to be demolished or extensively altered, efforts will be made to document its physical appearance before that action takes place.

a.

The city will delay issuing a demolition permit and will notify the owner of the building or site, who will take responsibility for the documentation.

b.

Documentation will include, at a minimum, exterior photographs (both black-and-white and color slides) of all elevations of the building. When possible, both exterior and interior measurements of the building will be made in order to provide an accurate floor plan drawing of the building.

c.

The commission may require, as a condition of approval, that the owner complete documentation of the building or site prior to the construction and/or demolition.

(e)

Removal of properties from the historic sites list. Properties that, in the opinion of the landmarks commission, no longer meet the criteria for eligibility may be removed from the historic sites list after review and consideration by the commission. Only the landmarks commission, city council, or the owner of the historic site may initiate actions to remove properties from the historic sites list. The removal process shall follow the same public hearing procedure outlined above for designations.

(Ord. No. 3266 (Series 2023), § 3.5.003, 8-2-2023)

(a)

Purpose. Significant historic properties may be designated to the historic landmarks register for the purposes of recognizing their significance, providing incentives for their preservation, and providing standards and regulations for their protection.

(b)

Criteria for designating properties to the landmarks register. Any district, building, structure, object or site may be designated to the historic landmarks register if it meets the first three criteria in this subsection, and at least one of the other criteria outlined in subsection (b)(3) of this section:

(1)

It is located within the official boundaries of the city;

(2)

It is at least 50 years old; and

(3)

It retains its historic integrity, in that there are no major alterations or additions that have obscured or destroyed the significant historic features. Major alterations that would destroy the historic integrity include, but are not limited to, changes in pitch of the main roof, enlargement or enclosure of windows on the principal facades, addition of upper stories or the removal of original upper stories, covering the exterior walls with non-historic materials, moving the resource from its original location to one that is dissimilar to the original, additions which significantly detract from or obscure the original form and appearance of the building or structure when viewed from the public way.

a.

It is currently listed in the National Register of Historic Places, or it has been officially determined eligible for listing in the National Register of Historic Places under the provisions of 36 CFR 60.6(s). Properties listed on or determined to be eligible for the National Register must still retain their integrity;

b.

It is associated with events that have made a significant contribution to the broad patterns of the history of the city, state, or nation;

c.

It is associated with the lives of persons significant in the history of the city, state, or nation;

d.

It embodies the distinctive characteristics of a rare or unique type, period, or method of construction; or that represents the work of an architect or builder recognized as a master in their field; or that possesses high artistic values or style; or that represents a significant and distinguishable entity whose components may lack individual distinction;

e.

It has yielded or may be likely to yield, information important in prehistory or history (archeological sites, for example); or

f.

Because of its prominent spatial location, contrasts of siting, age, or scale, it is an easily identifiable visual feature of its neighborhood or the city, and contributes to the distinctive quality or identity of its neighborhood or the city.

(c)

Designation procedures.

(1)

Official nominations of properties to the landmarks register must originate with the owner of the property, the landmarks commission, or the city council. In any case, owner consent is required. Completed intensive level survey documentation for each nominated property must be submitted in duplicate to the landmarks commission.

(2)

The commission will review and consider properly submitted nominations at its next scheduled meeting. The commission will notify the nominating party and property owner, either orally or in writing, 14 days prior to the meeting that the nomination will be considered and will place that item on the agenda posted for the meeting.

(3)

The landmarks commission will review the documentation for completeness, accuracy and compliance with the Criteria for Designating Historic Properties to the La Grande Landmarks Register and will make its decision accordingly. The commission shall forward its recommendation in writing to the city council within 14 days.

(4)

The city council may, by approval and passage of an appropriate resolution, designate properties to the landmarks register. Following designation, a notice of such shall be mailed to the owners of record together with a copy of this article.

(d)

Notification and recording of designation. When historic properties have been officially designated to the city landmarks register by the city council, the commission shall promptly notify the owners of those properties. The commission shall record the historic landmarks register status designation in the county deed records.

(e)

Results of designation to the landmarks register and requirement for certificates of appropriateness.

(1)

Properties designated to the landmarks register may receive special consideration in the granting of zoning variances or conditional use permits in order to encourage their preservation and shall be eligible for low-interest rehabilitation and preservation loans, which the city may offer.

(2)

In the event of rehabilitation of the property, local building officials shall consider waiving certain code requirements in accordance with the historic building provisions of the building code or other specialty codes for existing buildings.

(3)

Owners of historic landmarks may seek assistance from the landmarks commission in applying for grants or tax credits for rehabilitating their properties.

(4)

After a property has been designated on the landmarks register, any alteration of the exterior appearance of a structure, site, object or work of art affecting a landmark shall be made or permitted only after application for a certificate of appropriateness has been submitted to and approved by the landmarks commission, or the landmarks commission staff, if applicable, pursuant to subsection (e)(6) of this section.

(5)

Certificates of appropriateness shall be required for alterations, such as, but not limited to:

a.

Any construction that requires a building permit;

b.

Removal and replacement or alteration of architectural detailing, such as porch columns, railing, window moldings, cornices and siding;

c.

Relocation of a structure or object on the same site or to another site;

d.

Construction of additions or decks;

e.

Alteration or construction of accessory structures, such as garages, carports, sheds, etc.;

f.

Alteration of windows and doors, including replacement or changes in fenestration patterns;

g.

Construction or alteration of porches;

h.

Masonry work, including, but not limited to, tuckpointing, sandblasting and chemical cleaning;

i.

Construction or alteration of site features, including, but not limited to, fencing, walls, paving and grading;

j.

Installation or alteration of any exterior sign;

k.

Any demolition;

l.

Change of exterior paint color; and

m.

New construction.

(6)

The following types of construction or demolition may be decided administratively by the landmarks commission staff subject to the standards in this article or other applicable standards:

a.

Minor alterations, repairs or additions to a landmark or contributory building or site in a historic district;

b.

Alterations, repairs or additions to a non-contributory building or site in a historic district;

c.

Any alterations or demolition of an accessory structure;

d.

Demolition of a non-contributory building or site in a historic district.

(7)

Applications for administrative decisions shall be made in the same form as applications for landmarks commission decisions as set forth in subsection (e)(12) of this section. Landmarks commission staff shall determine whether a request is to be processed administratively or referred to the landmarks commission.

(8)

Landmarks commission staff shall have ten days to render an administrative decision after an application for a certificate of appropriateness has been accepted and deemed complete.

(9)

Administrative decisions shall be based on findings that analyze the proposal for compliance with the standards and guidelines for historical rehabilitation and preservation as set forth in section 109-117.

(10)

Landmarks commission staff may refer any application to the landmarks commission:

a.

Due to the complexity of the application or the significance of a change proposed for a landmark or contributory building or site; or

b.

If the staff reasonably believes it should consult the expertise available from members of the commission. Landmarks commission staff may routinely decide on requests to remove and replace architectural features with like materials. If architectural materials are proposed to be altered, staff shall consider referring such requests to the landmarks commission for action.

(11)

Persons aggrieved by an administrative decision may appeal to the landmarks commission by filing a letter of appeal within ten days of the date the decision is mailed. Such appeals shall be scheduled for action at the next meeting of the landmarks commission.

(12)

Proposed repairs, alterations or additions to historic landmarks, if not administratively approved, are subject to the review of the landmarks commission and the subsequent review and approval of the city council, if the commission's decision is appealed. The purpose of such review is to ensure the preservation of historic materials and features to the greatest degree possible.

a.

Applications for building, and sign permits pertaining to designated landmark properties, formally nominated landmarks, or any land located in a historic district, shall be forwarded by the building official to the landmarks commission prior to their issuance.

b.

A permit applicant, in order to obtain a permit from the building division, shall file a request for a certificate of appropriateness with the landmarks commission staff on a form furnished by the landmarks commission.

c.

At its next scheduled meeting, the landmarks commission shall review applications received for compliance with Standards for Rehabilitation, promulgated by the United States Secretary of the Interior, hereafter referred to as standards (see section 109-117). A certificate of historic appropriateness shall be issued by the landmarks commission for applications that comply with the provisions of this article, within 30 days after the filing of the application.

d.

A person whose application is found to be in noncompliance with the provisions of this article shall be offered a negotiating period of 60 days, during which time the landmarks commission, together with the applicant, shall explore all means for proper repair, alteration or addition to the historic landmark, which may include the following:

1.

Feasibility of modifications to the plans.

2.

Feasibility of alternative uses of the landmark.

3.

Feasibility of public acquisition or resale.

4.

Feasibility of acquiring easements.

5.

Feasibility of obtaining financial or other forms of assistance from preservation organizations.

If no solution is agreed upon within the initial 60 days, the landmarks commission may offer the applicant an extension of 60 days. If no solution is agreed upon at the conclusion of 120 days, the certificate of historic appropriateness shall be denied; consequently, the building official shall not issue any permits. Nevertheless, an applicant may, at any time after the conclusion of the initial hearing, elect to receive a final determination by the landmarks commission.

e.

An applicant who is aggrieved by a decision of the landmarks commission may appeal that decision to the city council, subject to the procedures in chapter 101, article IV, division 7.

f.

Unless there is substantial action leading toward completion of the work described in the certificate of historic appropriateness within a period of 12 months from the date of approval, such approval shall expire, unless after reconsideration of the progress of the project an extension is approved by the landmarks commission.

g.

Under emergency situations, a subcommittee is hereby authorized upon 24-hour notice to make special review of requests for certificates of appropriateness, and to make approvals of the same. The decision as to whether emergency conditions exist shall rest with the commission chairperson or vice-chairperson in the absence of the chair.

(f)

Demolition and removal of landmark buildings and sites. It is the intent of this and succeeding sections to preserve the historic and architectural landmarks of the city through limitations on demolition and removal of historic buildings and sites to the extent it is economically feasible, practical and necessary. The demolition or removal of historic buildings and sites in the city diminishes the character of the city's older neighborhoods and historic districts, and it is strongly discouraged. Instead, the city recommends and supports preservation, renovation, adaptive reuse and relocation within the city. It is recognized, however, that structural deterioration, economic hardship and other factors not entirely within the control of a property owner may result in the necessary demolition or removal of a historic building or site.

(1)

Certificate of appropriateness for demolition. With the exception of any building or structure falling under the purview of the unsafe buildings or structures section of the building code or undergoing complete renovation or reconstruction in compliance with this article, no building or other structure that has been formally designated or nominated as a historic landmark (including significant and contributory buildings within a historic district) may be demolished or removed without the prior issuance of a certificate of appropriateness by the landmarks commission. Application for a certificate of appropriateness for demolition shall be made on forms provided by the commission and shall be submitted to the commission staff.

(2)

Standards for certificate of appropriateness for demolition of landmark sites (including significant sites within historic districts).

a.

In considering an application for a certificate of appropriateness for demolition of a landmark site, including significant sites within historic districts, the landmarks commission shall approve the application only upon finding that the project fully complies with one of the following standards:

1.

The demolition is required to alleviate a threat to public health and safety as determined by the building official; or

2.

The demolition is required to rectify a condition of economic hardship, as defined and determined pursuant to the provisions of this article.

b.

If, upon review of the application, the staff, in conjunction with the building official, determines the subject building or structure to be structurally unsound, and a hazardous or dangerous building, the community development department/planning division may issue a certificate of appropriateness. In the absence of a finding of public hazard, the application for demolition or removal shall be stayed for 120 days.

(3)

Pre-hearing application requirements.

a.

Upon refusal of the community development department/planning division to issue a certificate of appropriateness for demolition, a pre-hearing period of 60 days shall commence, during which time the owner shall allow the city to post and sustain a visible sign stating the structure is proposed to be demolished. Said sign shall be at least three feet by two feet, readable from a point of public access, and state that more information may be obtained from the community development department/planning division for the duration of the stay. In addition, the owner shall conduct negotiations with the city for the sale or lease of the property or some interest in the property such as a facade easement or take action to facilitate proceedings for the city to acquire the property under its power of eminent domain, if appropriate and financially feasible.

b.

At the end of the 60 days, the owner may request a hearing before the landmarks commission upon showing that the above requirements have been met. The department/division staff shall, within 14 days, notify the owner if any additional information is needed to complete the application. If the department/division staff does not notify the owner, the application will be deemed complete. Within 60 days of receiving the completed application, the department/division staff shall schedule a hearing regarding the application on the agenda of the landmarks commission. If no decision is reached by the landmarks commission at the conclusion of 120 days, the certificate of appropriateness for demolition shall be approved.

(4)

Demolition of buildings in historic district. Unless a building in a historic district has been declared a dangerous or hazardous building by the building official, a permit to demolish such structure shall not be issued until the commission has first reviewed plans for the construction of a replacement structure and has determined that the proposed new construction will comply with the provisions of this article.

(g)

Claims of economic hardship. The landmarks commission may approve a certificate of appropriateness for rehabilitation or demolition of a landmark building or site if the owner has presented substantial evidence demonstrating that unreasonable economic hardship will result from denial of the certificate of appropriateness.

(1)

Definition and determination of economic hardship. The determination of economic hardship shall require the applicant to provide evidence sufficient to demonstrate that the application of the standards and regulations of this subpart deprives the applicant of all reasonable economic use or return on the subject property.

(2)

Application for determination of economic hardship. An application for a determination of economic hardship shall be made on a form prepared by the community development director and shall be submitted to the department. The application shall include photographs, information pertaining to the historic significance of the landmark site and all information necessary to make findings regarding the standards for determination of economic hardship.

(3)

Standards for determination of economic hardship. The landmarks commission shall apply the following standards and make findings concerning economic hardship:

a.

The applicant's knowledge of the landmark designation when the property was acquired, or whether the property was designated subsequent to acquisition;

b.

The current level of economic return on the property as considered in relation to the following:

1.

Amount paid for the property, date of purchase, and party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant, and the person from whom the property was purchased;

2.

Annual gross and net income, if any, from the property for the previous three years; itemized operating and maintenance expenses for the previous three years; and depreciation deduction and annual cash flow before and after debt service, if any, for the previous three years;

3.

Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, during the previous three years;

4.

Real estate taxes for the previous four years and assessed value of the property according to the two most recent assessed valuations by the county assessor;

5.

All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing or ownership of the property;

6.

Fair market value of the property immediately prior to its designation as a landmark site and the fair market value of the property as a landmark site at the time the application is filed;

7.

Form of ownership or operation of the property (i.e., sole proprietorship, for-profit corporation or not-for-profit corporation, limited partnership, joint venture, etc.); and

8.

Any state or federal income tax returns on or relating to the property for the previous two years.

c.

The marketability of the property for sale or lease, considered in relation to any listing of the property for sale or lease, and price asked and offers received, if any, within the previous two years. Such determination may include testimony and relevant documents regarding:

1.

Any real estate broker or firm engaged to sell or lease the property;

2.

Reasonableness of the price or rent sought by the applicant; and

3.

Any advertisements placed for the sale or rent of the property.

d.

The unfeasibility of alternative uses that can earn a reasonable economic return for the property as considered in relation to the following:

1.

A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation;

2.

Estimate of the cost of the proposed construction, alteration, demolition, or removal, and an estimate of any additional cost that would be incurred to comply with the decision of the landmarks commission concerning the appropriateness of proposed alterations;

3.

Estimated market value of the property in the current condition after completion of the demolition and proposed new construction; and after renovation of the existing property for continued use; and

4.

Testimony of an architect, developer, real estate consultant, appraiser, or other professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.

e.

Economic incentives and/or funding available to the applicant through federal, state, city, or private programs.

(4)

Procedure for determination of economic hardship. For each application wherein an economic hardship is claimed, the mayor shall appoint a three person economic review panel. Members shall consist of real estate and redevelopment experts knowledgeable in real estate economics and in particular the economics of renovation, redevelopment, and other aspects of rehabilitation. The mayor shall request recommendations for panel members from the landmarks commission and the applicant.

a.

Review of evidence. All of the evidence and documentation presented to the landmarks commission shall be made available to and reviewed by the economic review panel. The economic review panel shall convene a meeting complying with the Open Meetings Act to review the evidence of economic hardship in relation to the standards set forth in subsection (g)(3) of this section. The economic review panel may, at its discretion, convene a public hearing to receive testimony by any interested party provided that notice for such public hearing shall be in accordance with the notice requirements of chapter 101, article V, division 6.

b.

Report of economic review panel. Within 45 days after the economic review panel is established, the panel shall complete an evaluation of economic hardship, applying the standards set forth in subsection (g)(3) of this section and shall forward a written report with its findings of fact and conclusions to the landmarks commission.

(5)

Landmarks commission determination of economic hardship. At the next regular landmarks commission meeting following receipt of the report of the economic review panel, the landmarks commission shall reconvene its public hearing to take final action on the application.

a.

Finding of economic hardship. If after reviewing all of the evidence, the landmarks commission finds that the application of the standards set forth in subsection (g)(3) of this section results in economic hardship, then the landmarks commission shall issue a certificate of appropriateness for demolition.

b.

Denial of economic hardship. If the landmarks commission finds that the application of the standards set forth in subsection (g)(3) of this section does not result in economic hardship then the certificate of appropriateness for demolition shall be denied.

c.

Consistency with the economic review panel report. The landmarks commission decision shall be consistent with the conclusions reached by the economic review panel unless, based on all of the evidence and documentation presented to the landmarks commission, the landmarks commission finds by a vote of three-fourths majority of a quorum present that the economic review panel acted in an arbitrary manner, or that its report was based on an erroneous finding of a material fact.

(h)

Standards for certificate of appropriateness for demolition of a contributing structure in a historic district. In considering an application for a certificate of appropriateness for demolition of a contributing structure, the landmarks commission shall determine whether the project substantially complies with the following standards:

(1)

Standards for approval of a certificate of appropriateness for demolition.

a.

The physical integrity of the site (its location, design, setting, materials, workmanship, feeling and association as defined by the National Park Service for the National Register) is no longer evident;

b.

The streetscape within the context of the historic district would not be negatively affected;

c.

The demolition would not adversely affect the historic district due to the surrounding non-contributing structures;

d.

The base zoning of the site is incompatible with reuse of the structure;

e.

The reuse plan has been formulated to minimize impacts on the character of the district;

f.

The site has not suffered from willful neglect, as evidenced by the following:

1.

Willful or negligent acts by the owner that deteriorates the structure;

2.

Failure to perform normal maintenance and repairs;

3.

Failure to diligently solicit and retain tenants; and

4.

Failure to secure and board the structure if vacant.

g.

The denial of a certificate of appropriateness for demolition would cause an economic hardship as defined and determined pursuant to the provisions of this subpart.

(2)

Landmarks commission determination of compliance with standards of approval. The landmarks commission shall make its decisions based upon compliance with the requisite number of standards in subsection (h)(1) of this section as set forth below.

a.

Approval of certificate of appropriateness for demolition. Upon making findings that at least six of the standards are met, the landmarks commission shall approve the certificate of appropriateness for demolition.

b.

Denial of certificate of appropriateness for demolition. Upon making findings that two or less of the standards are met, the landmarks commission shall deny the certificate of appropriateness for demolition.

c.

Deferral of decision for up to one year. Upon making findings that three to five of the standards are met, the landmarks commission shall defer the decision for up to one year during which the applicant shall conduct a bona fide effort to preserve the site.

(3)

Bona fide preservation effort. Upon the decision of the landmarks commission to defer the decision on a certificate of appropriateness for up to one year, the applicant must undertake bona fide efforts to preserve the structure. The deferral period will begin once the bona fide effort has commenced. A bona fide effort shall consist of all of the following actions at a minimum:

a.

Marketing the property for sale or lease;

b.

Filing an application for alternative funding sources for preservation;

c.

Filing an application for alternative uses or regulatory flexibility if available or feasible, such as conditional uses and variances;

d.

Obtaining written statements from licensed building contractors or architects detailing the actual costs to rehabilitate the property.

(4)

Final decision for certificate of appropriateness for demolition following deferral. Upon the completion of the deferral period and if the applicant provides evidence of a bona fide preservation effort, the landmarks commission shall make a final decision regarding the certificate of appropriateness.

(5)

Recordation requirement for approved certificate of appropriateness for demolition. Upon approval of a certificate of appropriateness for demolition of a landmark site or contributing structure, the landmarks commission shall require the applicant to provide archival quality photographs, plans or elevation drawings, as available, necessary to record the structure being demolished.

(i)

Final decision.

(1)

Approval. If the landmarks commission approves an application, a certificate of appropriateness shall be issued and the owner may proceed to rehabilitate or demolish the building or site after first obtaining the necessary permits from the building division. The commission may require, as a condition of approval, that the owner provide the commission with documentation of the physical appearance of the building including black and white photographs and color slides of each building elevation, and exterior and interior measurements of the building.

(2)

Denial. In the event the commission recommends denial of the rehabilitation or demolition, and negotiations with the owner do not result in an agreement, the commission shall recommend to the city council whether or not the city should provide some economic assistance, acquire the property, or take some other form of action.

(3)

Appeal. All final decisions of the landmarks commission may be appealed to the city council, subject to the provisions of chapter 101, article IV, division 7 and the standards of this article.

(j)

Removal of properties from the landmarks register. Properties that, in the opinion of the landmarks commission, no longer meet the criteria for eligibility may be removed from the landmarks register after review and consideration by the commission.

(Ord. No. 3266 (Series 2023), § 3.5.004, 8-2-2023)

The commission shall utilize the standards and guidelines manual for historic rehabilitation and preservation, which is an attachment hereto, when determining the historic appropriateness of any application under its jurisdiction.

(Ord. No. 3266 (Series 2023), § 3.5.005, 8-2-2023)

The purpose of this article is to establish a procedure for protecting archaeological resources within the city and its urban growth area.

(Ord. No. 3266 (Series 2023), § 3.6.001, 8-2-2023)

(a)

If an archaeological object, deposit, or artifact is discovered during any development action, individuals shall report the discovery as soon as possible to the community development department/planning division.

(b)

No development shall be delayed or halted without the developer's or landowner's consent, unless a burial site is involved.

(Ord. No. 3266 (Series 2023), § 3.6.002, 8-2-2023)

(a)

The community development department/planning division shall notify the appropriate native american tribe, the state historic preservation office, and other appropriate agencies or individuals charged with archaeological resource preservation in order that the landowner and interested parties may negotiate and resolve any conflicts.

(b)

Any individual encountering archaeological resources in the course of any development shall comply with state law, including ORS 97.750, 358.905, and 390.235. The relevant Native American tribal government may request to receive recovered non-sacred artifacts following research studies, subject to approval of the landowner or developer.

(Ord. No. 3266 (Series 2023), § 3.6.003, 8-2-2023)

The purpose of a planned unit development is to provide opportunities for the innovative development of large areas of land by encouraging their development in a comprehensive, integrated manner, and by allowing modification of the standards for the underlying zone contained in the land development code. Upon its approval by the planning commission review procedure, the development plan for the specific planned development shall become the basic document for regulating the use and development of the land. It is the further purpose of a planned unit development to encourage development which meets at least one of the following objectives:

(1)

The clustering of development through density transfers in order to preserve a significant amount of open space for use by the residents of the development.

(2)

The mixing of residential, civic, commercial, or industrial use types in a manner which reduces dependency on the automobile as the exclusive means of transportation and promotes other transportation options by providing housing, employment opportunities, shopping and personal service facilities, and schools in close proximity to each other.

(3)

The mixing of residential densities within a master planned community offering recreational amenities and other neighborhood-serving uses.

(4)

Any land development project that provides the mixing of use types, a community design, site plan, and exceptional architectural design that varies from the standard zoning district provisions of the land development code while providing a superior community plan with development standards adequate to protect the public health, safety and welfare.

(Ord. No. 3266 (Series 2023), § 3.7.001, 8-2-2023)

(a)

The minimum area shall be two acres.

(b)

For projects including residential uses, the minimum common open space to be provided, excluding public or private rights-of-way shall be 20 percent of the land area.

(Ord. No. 3266 (Series 2023), § 3.7.002, 8-2-2023)

Any use types which are either permitted or conditionally permitted within the various zones provided by chapter 103 may be permitted within said planned unit development. All use types which will be included within a planned unit development shall be listed in the development plan.

(Ord. No. 3266 (Series 2023), § 3.7.003, 8-2-2023)

The application for a planned unit development shall be subject to planning commission review procedure. The application shall be accompanied by any such information as listed on the application submittal checklist. The applicant may request that approval of the development plan and any related preliminary subdivision or partition plans be considered in the same proceeding.

(1)

Prior to submission of an application for a planned unit development, the prospective applicant shall submit to the community development department/planning division a concept plan prepared in accordance with the standards provided in section 109-173. Upon receipt of the concept plan, staff shall schedule and hold a concept plan review conference with the applicant. At said conference, the applicant or the applicant's authorized agent shall present the concept plan and receive comments from city staff attending the conference. Representatives of the community development, fire, police, and public works departments will be invited to attend and, at the discretion of and as deemed desirable and necessary by the community development director/planner, representatives from other county, public departments, or agencies, may be invited to attend the conference.

(2)

The planning commission shall consider the planned unit development concept plan applications at a public hearing, pursuant to the procedures in chapter 101, article IV. Approval of the concept plan shall be subject to the criteria for concept plan approval found in section 109-174. If requested by the applicant, the hearing body may consider the development plan and any related preliminary subdivision or partition plans at the same public hearing as the concept plan. Approval of the development plan shall be subject to the criteria in section 109-177.

(3)

The applicant must request approval of the development plan and any preliminary subdivision or partition plan within one year; provided, however, that if the development plan provides for more than one phase of development, only a preliminary subdivision or partition plan for the first phase need be submitted for approval.

(4)

Development plans submitted pursuant to subsection (3) of this section shall be considered pursuant to the criteria of section 109-177.

(5)

Preliminary subdivision or partition plans for a planned unit development shall be reviewed pursuant to the applicable land division procedures and criteria of chapter 111 and must conform to the approved development plan.

(Ord. No. 3266 (Series 2023), § 3.7.004, 8-2-2023)

(a)

General narrative. A generalized narrative describing the location of the site, its total acreage, and the existing character and use of the site and adjoining properties; the concept of the proposed planned development, including proposed uses and activities, proposed residential densities if appropriate, proposed types and levels of public facilities and services, proposed transportation system including pedestrian and bicycle facilities, and physical land alteration required by the development; and the relation of the proposed planned development to the city comprehensive plan.

(b)

General site plan. A generalized site plan showing the entire parcel with schematic indications of approximate locations of buildings, public and private rights-of-way, parking and loading areas, public and private open spaces, walkways, planting areas, etc.

(Ord. No. 3266 (Series 2023), § 3.7.005, 8-2-2023)

(a)

Soil stability and land suitability.

(1)

If there is a history of unstable soil characteristics in the area, this must be resolved prior to approval. The geologic conditions of the soil must be suitable to accept the development proposed.

(2)

If the proposed development is located on excessive slopes of over 25 percent, engineering drawings must be submitted to satisfy engineering specifications. This requirement can be satisfied by submitting engineering drawings with the development plan provided that the concept plan is accompanied by a civil or geotechnical engineer's statement that the proposed uses and improvements can be safely constructed without disturbance to slope stability and can avoid any negative impacts on surrounding properties resulting from geotechnical concerns associated with the development proposal.

(3)

If the site is within a flood hazard area, conditions as outlined by the building official and flood hazard article must be met.

(b)

Fire protection. The proposed development must have adequate ingress-egress for firefighting equipment. The circulation plan for the development must have adequate access for firefighting equipment; hydrant placement, fire flows, building sprinkler systems and any other fire suppression systems required by the fire chief.

(c)

Access. The development must be accessible by improved city public streets by automobile, walking, bicycling and public transit.

(d)

Ownership. The property must be under the ownership or control of a single entity with authority to take all actions and exercise full authority to develop the land.

(e)

Other standards. The reviewing body may require that other standards deemed necessary by findings of fact be met (i.e., standards deemed necessary to protect the public health, safety, and welfare or to mitigate impacts on surrounding lands).

(Ord. No. 3266 (Series 2023), § 3.7.006, 8-2-2023)

(a)

Statement of intent. An overall development scheme which states the development intentions of the landowner regarding the property, including, but not limited to, the following:

(1)

A statement of location and intensity of proposed uses and activities, including public and private open spaces.

(2)

A physical description of proposed facilities accommodating such uses, including types of buildings, structures and landscape, and circulation elements.

(3)

A statement of location and general configuration of lands to be dedicated for public open space and other public uses.

(4)

A general designation of utilities.

(5)

A statement detailing the consistency of the proposed development project with major public development programs, including but not limited to:

a.

Freeways.

b.

Highways.

c.

Parks.

d.

Pedestrian and bicycle facilities.

e.

Open spaces.

f.

Utility transmission lines.

g.

Storm drainage facilities.

h.

Phased schedules of proposed major public facilities.

i.

Transit facilities.

(b)

Supporting graphics. A statement of intent required in subsection (a) of this section shall be supported by such graphics as are necessary to establish the physical scale and character of the development and demonstrate the relationship among its constituent land uses, buildings and structures, public facilities, and open space. Said graphics, as a minimum, shall indicate:

(1)

Perimeter boundaries of the site.

(2)

Streets and driveways.

(3)

Sidewalks and pedestrianways and off-street parking and loading areas.

(4)

Location and approximate dimension of buildings and structures.

(5)

Utilization of buildings and structures, including activities and the number of living units.

(6)

Reservations for public uses, including schools, parks, playgrounds, and other open spaces.

(7)

Major landscaping proposals. The community development department/planning division may require graphics presenting additional information as is determined necessary to support the statement of intent.

(c)

Description of surrounding area. A statement which provides information on the character and use of the surrounding area within 250 feet of the limits of the development.

(d)

Background report. The purpose of the background report is to collect and present information pertinent to the actual execution and operation of the planned development. The contents of the background report may include, but are not limited to, the following information:

(1)

A preliminary development schedule including anticipated timing for commencement and completion of each phase of development, tabulation on the total area in each separate phase and percentage of such area to be devoted to particular uses, parking required and provided and an indication of the proposed number and type of dwelling units by phase of development.

(2)

A preliminary population schedule, including estimated residential population for the entire project at its completion and for each type of dwelling unit for each phase of development, calculation of the average residential density per gross acre and per net residential acre by phase, and estimated nonresidential uses included in the proposal and a statement supporting inclusion of such nonresidential uses.

(3)

A utility master plan demonstrating required public utility sizing and appurtenances, connections to the city system and a statement relating the utility system designs to the requirements of city standards and any city utility master plans.

(Ord. No. 3266 (Series 2023), § 3.7.007, 8-2-2023)

(a)

The site development standards contained in chapter 107 for lot size and shape and building setbacks and yards, may be waived for a planned unit development providing that the development plan for planned unit development should indicate where the site development standards have been modified and should incorporate replacement standards designed to protect the public health, safety and welfare.

(b)

Standards for roadway improvements contained in chapter 105 shall apply to roads to be dedicated to the public on the final plat. Standards for roads that are to remain private roads, under the jurisdiction of a homeowner's association, shall meet requirements set by the planning commission, subject to a minimum requirement of 40-foot-wide right-of-way, eight inches of base rock, 24-foot-wide pavement, and two-foot-wide gravel shoulders for a total improved top width of 28 feet, and adequate drainage facilities as required by the city.

(Ord. No. 3266 (Series 2023), § 3.7.008, 8-2-2023)

(a)

General criteria. The development scheme must ensure that specific uses intended for the property are located in the area most suited for that use, in a manner compatible with adjacent uses and consistent with the approved concept plan.

(b)

Density standards.

(1)

Calculation of number of units. The allowable number of dwelling units is calculated using the following steps:

a.

Determine the total (gross) area of the site.

b.

Subtract the area devoted to public streets, alleys, highways, and other necessary public facilities from the gross area figure derived in subsection (b)(1)a of this section to establish the net area.

c.

Divide the net area figure by the required land area per dwelling for the applicable zone to derive the total maximum number of units possible on the site. Any dwelling unit fraction of one-half or greater shall be rounded up to the next whole number.

(2)

Density bonus applicability. Only a planned unit development shall be eligible to use the provisions of this section. The property shall also be located in one or more of the following zones.

a.

HD Hillside Development Residential.

b.

RR-1 Rural Residential.

c.

R-1 Low Density Residential.

d.

R-2 Medium Density Residential.

e.

R-3 High Density Residential.

f.

R-P Residential-Professional.

(3)

Density bonus options.

a.

1.

Additional park land or common open space which:

(i)

Exceeds a minimum of 20 percent of the total land area as common and private open space; or

(ii)

Exceeds a minimum of 20 percent of the total land area as public open space or park.

2.

Density bonus: a one percent density increase for every one percent of public or private open space or park which is provided over the 20 percent minimum up to a ten percent increase.

b.

1.

Design amenities including but not limited to pedestrian pathways, greenways, pedestrian plazas, landscaping design and quality that exceeds city standards, and architectural design.

2.

Density bonus: a maximum bonus of ten percent may be granted at the discretion of the review authority.

c.

Low cost housing units which qualify and are approved for housing for low-income families or for the elderly under a federal, state, or local program.

Density bonus: one unit per assisted unit up to a ten percent increase.

(4)

Density bonus requirements.

a.

The maximum density bonus allowable is 20 percent over the density allowed in the base zone.

b.

Conditions of approval shall be required to ensure that the density bonus provisions are satisfied.

(Ord. No. 3266 (Series 2023), § 3.7.009, 8-2-2023)

Any revisions from the approved concept plan or development plan shall be reviewed by the community development department/planning division. Minor revisions (resulting in no change in the number of housing units) may be approved administratively by the community development director/planner. Major revisions (resulting in a change in the number of housing units) shall be referred to the planning commission for consideration pursuant to the procedures of chapter 101, article IV and the approval criteria of section 109-174 or 109-177, as appropriate.

(Ord. No. 3266 (Series 2023), § 3.7.010, 8-2-2023)

(a)

Unless an extension is obtained pursuant to subsection (b) of this section, a planned unit development plan must be submitted for approval within one year of the approval of the planned unit development concept plan; and development actions, such as construction of capital improvements, construction of common area facilities or sale of land must take place within one year of final approval of the planned unit development plan or be bonded.

(b)

Prior to the expiration date of the time limit for the submission of a planned unit development plan or for initiation of development action established in subsection (a) of this section, a planned unit developer may apply for a time extension on forms provided by the community development department/planning division, accompanied by the fee established by resolution of the city council.

(c)

The application for a time extension must contain sufficient information in order to make the findings required by the land development code. A maximum of three such extensions may be granted by the community development director/planner upon a written finding that the facts upon which the approval of the concept plan or development plan, as appropriate, was based have not changed to an extent sufficient to warrant refiling of the concept plan or development plan, and upon a finding that no other development approval would be affected.

(d)

In no case shall the cumulative length of such extensions exceed three years.

(Ord. No. 3266 (Series 2023), § 3.7.011, 8-2-2023)

The purpose of this article is to provide for sites reserved for the landing and taking off of helicopters, loading and unloading of passengers and cargo. Heliports and helistops are conditionally allowed in the residential-professional, general commercial, light industrial, heavy industrial, public facilities, and business park zones.

(Ord. No. 3266 (Series 2023), § 3.8.001, 8-2-2023)

The planning commission can require an annual review of a conditional use permit for a heliport or helistop if it determines that the area could develop in the future with other uses. In addition to the information required for a conditional use permit, the applicant is required to submit to the community development department/planning division prior to approval:

(1)

A state airport license issued by the state board of aeronautics; and

(2)

A map showing the flight pattern for landings and takeoffs.

(Ord. No. 3266 (Series 2023), § 3.8.002, 8-2-2023)

The primary purpose for the creation of the riparian corridor protection regulations along the Grande Ronde River is to protect and enhance water quality; minimize property damage during floods and storms; protect native plant species; maintain and enhance fish and wildlife habitats; and conserve scenic and recreational values of riparian corridors.

(Ord. No. 3266 (Series 2023), § 3.9.001, 8-2-2023)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Fish use means inhabited at any time of the year by anadromous or game fish species or fish that are listed as threatened or endangered species under the federal or state endangered species acts. Fish use is determined from the state department of forestry stream classification maps.

Impervious surface means any material which reduces and prevents absorption of stormwater into previously undeveloped land.

Lawn means grass or similar materials maintained as a ground cover of less than six inches in height. The term "lawn" is not considered native vegetation regardless of the species used.

Mitigation means taking one or more of the following actions listed in order of priority:

(1)

Avoiding the impact altogether by not taking a certain development action or parts of that action.

(2)

Minimizing impacts by limiting the degree or magnitude of the development action and its implementation.

(3)

Rectifying the impact by repairing, rehabilitating or restoring the affected environment.

(4)

Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the development action by monitoring and taking appropriate corrective measures.

(5)

Compensating for the impact by replacing or providing comparable substitute resources or environments.

Net loss means a permanent loss of habitat units or habitat value resulting from a development action despite mitigation measures having been taken.

Nonconforming means a structure or use that does not conform to the standards of this article but has been in continuous existence from prior to the date of adoption of this article up to the present. Nonconforming uses are not considered violations and are generally allowed to continue, though expansion, re-construction, or substantial improvement may be regulated.

Off-site mitigation means habitat mitigation measures undertaken in areas distant from a development action and which are intended to benefit fish and wildlife populations other than those directly affected by that action.

On-site mitigation means habitat mitigation measures undertaken within or in proximity to areas affected by a development action and which are intended to benefit fish and wildlife populations directly affected by that action.

Riparian corridor means the area adjacent to a river, lake or stream, consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem. A Goal 5 resource that includes the water areas, fish habitat, adjacent riparian corridors and wetlands within the riparian corridor boundary. In the city, one riparian corridor exists, along the Grande Ronde River.

Riparian corridor boundary means an imaginary line that is a defined distance upland from the top of bank of a given waterway.

Stream means a channel such as a river or creek that carries flowing surface water, including perennial streams and intermittent streams with. defined channels, and excluding manmade irrigation and drainage channels.

Structure means a building or other major improvement that is built constructed or installed, not including minor improvements such as fences, utility poles, flagpoles or irrigation system components that are not customarily regulated through zoning ordinances.

Substantial improvement.

(1)

The term "substantial improvement" means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

a.

Before the improvement or repair is started; or

b.

If the structure has been damaged and is being restored, before the damage occurred.

Substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences whether or not the alteration affects the external dimensions of the structure.

(2)

The term "substantial improvement" does not, however, include either:

a.

Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to ensure safe living conditions; or

b.

Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

Top of bank means the stage or elevation at which water overflows the natural banks of streams or other waters of the state and begins to inundate upland areas. In the absence of physical evidence, the two year recurrence interval flood elevation may be used to approximate the "bank full stage" or delineate the top of bank.

(Ord. No. 3266 (Series 2023), § 3.9.002, 8-2-2023)

The following riparian corridor shall be established:

(1)

Along the Grande Ronde River, the riparian corridor boundary shall be 100 feet from the top of bank.

(2)

Where the riparian corridor includes all or portions of a significant wetland as identified in the local wetland inventory, the standard distance to the riparian corridor boundary shall be measured from and include the upland edge of the wetland.

(3)

Except as provided for in subsection (2) of this section, the measurement of distance to the riparian corridor boundary shall be from the top of bank. The measurement shall be a slope distance. In areas where the top of each bank is not clearly defined, the riparian corridor boundary shall be measured from the ordinary high water level, or the line of non-aquatic vegetation, whichever is most landward. In areas where the predominant terrain consists of steep cliffs the distance to the corridor boundary shall be measured as a horizontal distance until the top of the cliff is reached, and as a slope distance on from that point.

(Ord. No. 3266 (Series 2023), § 3.9.003, 8-2-2023)

(a)

Permanent alteration of corridor. The permanent alteration of the riparian corridor by grading or by the placement of structures or impervious surfaces is prohibited, except for the following uses, provided that the community development director/planner finds that they are designed to minimize intrusion into the riparian corridor and no other options or locations are feasible:

(1)

Streets, roads, and paths.

(2)

Water related and water dependent uses, such as, but not limited to, drainage facilities, water and sewer utilities, erosion or flood control facilities and drainage pumps.

(3)

Replacement of existing structures with structures in the same location that do not disturb additional riparian surface area.

(4)

Structures or other nonconforming alterations existing fully or partially within the riparian corridor may be expanded provided the expansion does not occur within the riparian corridor. Substantial improvement of a nonconforming structure in the riparian corridor shall require compliance with the standards of this article.

(5)

Existing lawn within the riparian corridor may be maintained, but not expanded within the riparian corridor. The use of herbicides and pesticides in these areas shall be avoided. Development activities on the property shall not justify replacement of riparian corridor with lawn.

(6)

Existing shoreline stabilization and flood control structures may be maintained. Any expansion of existing structures or development of new structures shall be evaluated by the community development director/planner and the appropriate natural resource agency staff. Such alteration of the riparian corridor shall be approved only if less invasive or non-structural methods will not adequately meet the stabilization or flood control needs.

(b)

Removal of vegetation. Removal of riparian vegetation is prohibited, except for:

(1)

Removal of non-native vegetation and replacement with native plant species. The replacement vegetation shall cover, at a minimum, the area from which vegetation was removed, and shall maintain or exceed the density of the removed vegetation.

(2)

Removal of vegetation necessary for the development of approved water related or water dependent uses or for development of uses authorized under subsection (a) of this section. Vegetation removal shall be kept to the minimum necessary to allow the approved use.

(3)

Trees in danger of falling and thereby posing a hazard to life or property may be removed following consultation and approval from the community development director/planner. If no hazard will be created, the community development director/planner may require these trees, once felled, to be left in place in the riparian corridor. Any trees removed are required to be replaced by like native species or alternate approved native species.

(c)

Exceptions. The following activities are not required to meet the standards of this section:

(1)

Commercial forest practices regulated by the Oregon Forest Practices Act.

(2)

Normal and accepted farming practices other than buildings or structures, occurring on land zoned for exclusive farm use and existing in the riparian corridor prior to the date of adoption of this article. Ongoing agricultural practices existing in the riparian corridor prior to the date of adoption of the ordinance from which this subpart is derived on land not zoned for exclusive farm use are allowed in the riparian corridor subject to the definition and requirements of nonconforming uses.

(d)

Land division and property line adjustments. Land divisions and property line adjustments that would create parcels that cannot be developed in conformance with this article are prohibited.

(Ord. No. 3266 (Series 2023), § 3.9.004, 8-2-2023)

(a)

Permanent alteration of the riparian corridor by placement of structures or impervious surfaces is allowable under the following procedures, subject to the mitigation requirements of subsection (b) of this section.

(1)

A Variance to the riparian setback approved through the procedures of subsection (c) of this section.

(2)

Along the Grande Ronde River riparian corridor, the riparian setback may be reduced as allowed under subsection (d) of this section.

(b)

Proposals for development activities within the riparian corridor allowed in subsection (a) of this section shall be reviewed by the state department of fish and wildlife (ODFW) as per OAR 635-415 fish and wildlife habitat mitigation policy and a mitigation recommendation shall be obtained. For purposes of implementing Goal 5, the goal is no net loss of protected resources; correspondingly, for purposes of designing appropriate mitigation, sites should be considered at least in Habitat Category 2 (OAR 635-415-0025), which strives for no net loss of habitat values.

(c)

Administrative variance.

(1)

A property owner may request an administrative variance to the riparian setback. Granting of an administrative variance requires findings that:

a.

The proposed development requires deviation from the riparian standards; and

b.

Strict adherence to the riparian setback and other applicable standards would effectively preclude a use of the parcel that could be reasonably expected to occur in the zone, and that the property owner would be precluded a substantial property right enjoyed by the majority of landowners in the vicinity; and

(2)

Administrative variances shall be processed in accordance with chapter 101, article IV, division 2.

(d)

Large stream riparian reduction. Along the Grande Ronde River riparian corridor, where a 100-foot riparian buffer is established, structures and impervious surfaces may be placed within the riparian setback as follows:

(1)

The removal of vegetation shall be limited to the minimum amount necessary to accommodate the use. Any vegetation removed in excess of this standard shall be non-native species and the proposal shall specify replacement of that vegetation with native species.

(2)

The applicant shall provide sufficient information regarding the proposed development and potential impacts to riparian resources to allow the community development director/planner, in consultation with the ODFW, to determine that the proposal will provide equal or better protection of riparian resources. information includes, but is not necessarily limited to:

a.

A plot plan showing the top of the stream or water body bank;

b.

The extent of development within the riparian setback;

c.

Uses that will occur within the riparian setback and potential impacts (for example: chemical runoff, noise, etc.);

d.

The extent of vegetation removal;

e.

Proposed characteristics of the existing vegetation (types, density);

f.

Any proposed alterations of topography or drainage patterns; and

g.

Existing uses on the property and any potential impacts they could have on riparian resources.

(3)

In no case shall such alterations occupy more than 50 percent of the width of the riparian corridor measured from the upland edge of the corridor.

(Ord. No. 3266 (Series 2023), § 3.9.005, 8-2-2023)

The purpose of the dust control standards is to reduce the amount of particulate matter, especially the amount of fine particulate matter under ten microns in size (PM10) which become suspended in the air as a result of construction or increased traffic on streets resulting from new developments. These measures are designed to help keep the city in compliance with EPA standards for air quality.

(Ord. No. 3266 (Series 2023), § 3.10.001, 8-2-2023)

(a)

Air quality. The discharge of air contaminants from any development shall not exceed the limits set forth in this section or those limits established by the state department of environmental quality pursuant to ORS 468.035, whichever are the more stringent. The discharge shall be measured at the source, except for suspended particulate matter, carbon monoxide, and lime dust, which shall be measured at any contamination locale.

(1)

Smoke measured at the point of discharge into the air shall not exceed an opacity of 20 percent for more than three minutes in one hour. An exception would be allowed for legal burning authorized by permit during open burning season.

(2)

Total suspended particulate matter is a state standard while others are federal and state standards. The following contaminants shall not exceed the current standards:

(b)

Control mud/dirt carryout.

(1)

Street cleaning. No person shall engage in any dust producing construction related activity at any work site unless the paved streets (including shoulders) adjacent to the site where the construction related activity occurs are cleaned at a frequency of not less than once a day unless:

a.

Vehicles do not pass from the work site onto adjacent paved streets; or

b.

Vehicles that do pass from the work site onto adjacent paved streets are cleaned and have loads secured to effectively prevent the carryout of dirt or mud onto paved street surfaces.

(2)

Spills. Earth or other material that is deposited by trucking and earth-moving equipment on paved streets not presenting a traffic safety concern shall be removed within eight hours.

(c)

On-site dust containment. If loose sand, dust, or dust particles from construction activity or material storage piles are found to contribute to excessive silt loadings on adjacent paved roads or property, the city shall notify the developer or responsible party of said land that said situation is to be corrected within a specified period of time, dependent upon the scope and extent of the problem. Techniques used to contain airborne dust may include application of water or dust palliatives, covering, shrouding, compacting, stabilizing, or other reasonably available dust control measures.

(d)

Unpaved haul roads. All unpaved roads or open ways of more than 50 feet in length used by motor vehicles to transport materials to, from, and within the construction sites, shall be treated as needed with water or chemical suppressants to contain dust on-site.

(e)

Industrial manufacturing and commercial staging areas. No person shall allow the operation, use or maintenance of an industrial manufacturing or commercial staging area, unless a dust control plan is approved by the community development director/planner. Such measures may include, but are not limited to, adequate use of chemical suppressants, application of water, paving and other means as specified by the city.

(f)

Land development. No person shall disturb or remove soil or natural cover from any area larger than 5,000 square feet and cause or permit the area to remain undeveloped for a period in excess of one month unless a dust control plan is approved by the city. Such measures may include, but are not limited to, application of adequate chemical dust suppressants, enclosures, re-vegetation, and other means as specified by the city.

(g)

Parking and loading facilities.

(1)

All areas proposed to be used for off-street parking and maneuvering of vehicles, including driveways and truck loading areas, shall have either concrete or asphalt surfaces in conformance with section 107-174(1).

(2)

Existing unpaved parking and staging areas shall be required to conform to the provisions of this article at such time as a facility proposes to expand. Approved dust control measures may be required in existing unpaved areas as an interim mitigation measure until paving occurs.

(Ord. No. 3266 (Series 2023), § 3.10.002, 8-2-2023)

The purpose of this overlay designation is to limit the wide list of uses permitted outright or conditional uses permitted in a commercial or industrial zone, to a specific use or uses for a particular piece of property.

(Ord. No. 3266 (Series 2023), § 3.11.001, 8-2-2023)

(a)

The Limited Use (LU) Overlay Zone shall be limited to the specific use or uses approved by the city council, upon recommendation from the planning commission.

(b)

The Limited Use (LU) Overlay Zone shall only be used with the following underlying zones: Central Business (CB), General Commercial (GC), Interchange Commercial (IC), Light Industrial (I-1), Heavy Industrial (I-2), and Business Park (BP).

(c)

The Limited Use (LU) Overlay Designation cannot be used to authorize a use or uses not allowed in the underlying zone.

(d)

The development standards of the underlying zone shall apply.

(e)

The Limited Use (LU) Overlay Zone shall be applied or amended by the procedures in chapter 101, article IV, divisions 3 and 4.

(f)

Subsequent to approval by the city council, the limited use overlay designation will be placed on the city zoning map to indicate the property is subject to a limited use overlay designation.

(Ord. No. 3266 (Series 2023), § 3.11.002, 8-2-2023)

It is the purpose of this article to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by methods and provisions designed:

(1)

To protect human life and health;

(2)

To minimize expenditure of public money and costly flood control projects;

(3)

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4)

To minimize prolonged business interruptions;

(5)

To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;

(6)

To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

(7)

To ensure that potential buyers are notified that property is in an area of special flood hazard; and

(8)

To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(Ord. No. 3266 (Series 2023), § 3.12.001, 8-2-2023)

In order to accomplish its purpose, this article includes methods and provisions for:

(1)

Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; damaging increases in erosion or in flood heights or velocities;

(2)

Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(3)

Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

(4)

Controlling filling, grading, dredging and other development which may increase flood damage; and

(5)

Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

(Ord. No. 3266 (Series 2023), § 3.12.002, 8-2-2023)

This article shall apply to all areas of special flood hazards within the jurisdiction of the city.

(Ord. No. 3266 (Series 2023), § 3.12.003, 8-2-2023)

(a)

The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled The Flood Insurance Study for the City of La Grande, dated April 3, 1996, with accompanying flood insurance maps is hereby adopted by reference and declared to be a part of this article. The flood insurance study is on file at City Hall, 1000 Adams Avenue, La Grande, Oregon.

(b)

The maps and study may be periodically revised or modified by the Federal Emergency Management Agency (FEMA) in accordance with prescribed procedures pursuant to section 206 of the Flood Disaster Protection Act of 1973 (PL 92-234). These changes are technical in nature and are made in order to reflect new or revised data on base flood elevations, ground elevations, flood control structures or other factors. In order to employ the best available information and maintain compliance with Federal Flood Insurance Program regulations, the city shall utilize any such revisions or modifications upon the effective date.

(Ord. No. 3266 (Series 2023), § 3.12.004, 8-2-2023)

This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and any ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. No. 3266 (Series 2023), § 3.12.005, 8-2-2023)

In the interpretation and application of this article, all provisions shall be:

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the governing body; and

(3)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. No. 3266 (Series 2023), § 3.12.006, 8-2-2023)

The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the city, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder.

(Ord. No. 3266 (Series 2023), § 3.12.007, 8-2-2023)

(a)

A development permit shall be obtained before construction or development begins within any area of special flood hazard established in section 109-299. The permit shall be for all structures including manufactured homes, as set forth in the definitions in section 101-2 and for all other development including fill and other structures, also as set forth in the definitions in section 101-2.

(b)

Application for a development permit shall be made on forms furnished by the city community development director/planner and may include, but not be limited to:

(1)

Plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question;

(2)

Existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

a.

Elevation in relation to mean sea level, or the lowest floor (including basement) of all structures;

b.

Elevation in relation to mean sea level to which any structure has been floodproofed;

c.

Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in section 109-309(2)b; and

d.

Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.

(c)

The cumulative effect of any proposed development where, combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point. This standard only applies when no floodway is determined (per 44 CFR ch. 1, § 60.3(C)(10)).

(Ord. No. 3266 (Series 2023), § 3.12.008, 8-2-2023)

The city community development director/planner is hereby appointed to administer and implement this article by granting or denying development permit applications in accordance with its provision.

(Ord. No. 3266 (Series 2023), § 3.12.009, 8-2-2023)

Duties of the city community development director/planner shall include, but not be limited to:

(1)

Permit review.

a.

Review all development permits to determine that the permit requirements of this article have been satisfied.

b.

Review all development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required.

c.

Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, ensure that the encroachment provisions of section 109-310(1) are met.

d.

Review all such development permits to ensure that the proposed grading and structures:

1.

Will not reduce the channel flow capacity or storage volume necessary to deep flood hazards at an acceptable level of risk; and

2.

Will not cause adverse changes in the location and extent of the floodplain or increase flood elevations.

(2)

Use of other base flood data. When base flood elevation data has not been provided in accordance with section 109-299, obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer sections 109-309 and 109-310.

(3)

Information to be obtained and maintained by the city building official in coordination with the city community development director/planner.

a.

Where base flood elevation data is provided through the flood insurance study or required as in subsection (2) of this section, obtain and record with the building permit the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

b.

For all new or substantially improved floodproofed structures:

1.

Verify and record with the building permit the actual elevation in relation to mean sea level); and

2.

Maintain the floodproofing certifications required in subsection (1) of this section.

c.

Maintain for public inspection all records pertaining to the provisions of this article.

(4)

Alteration of watercourses.

a.

Notify adjacent communities, the department of land conservation and development and the United States Army Corps of Engineers prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration.

b.

Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

(5)

Interpretation of FIRM boundaries. Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 109-307.

(Ord. No. 3266 (Series 2023), § 3.12.010, 8-2-2023)

Please refer to section 101-189 for variance procedures.

(Ord. No. 3266 (Series 2023), § 3.12.011, 8-2-2023)

(a)

Appeal board.

(1)

The city planning commission as established by the city council shall hear and decide appeals and requests for variances from the requirements of this article.

(2)

In passing upon such applications, the city planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article, and:

a.

The danger that materials may be swept onto other lands to the injury of others;

b.

The dangers to life and property due to flooding or erosion damage;

c.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners;

d.

The importance of the services provided by the proposed facility to the community;

e.

The necessity to the facility of a waterfront location, where applicable;

f.

The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

g.

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

h.

The safety of access to the property in times of flood for ordinary and emergency vehicles;

i.

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

j.

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

(3)

Upon consideration of the factors of subsection (a)(2) of this section and the purposes of this article, the city planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.

(4)

The city community development director/planner shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

(b)

Conditions for variances.

(1)

Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing section 109-307(a)(2) has been fully considered. As the lot size increases the technical justification required for issuing the variance increase.

(2)

Variances may be issued for the repair or rehabilitation of structures listed on the National Register of Historic Places on the state inventory of historic places, without regard to the procedures set forth in this section.

(3)

Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.

(4)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(5)

Variances shall only be issued upon:

a.

A showing of good and sufficient cause;

b.

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

c.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in section 109-307(a)(2), or conflict with existing local laws or ordinances.

(6)

Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.

(7)

Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except section 109-307(b)(2), and otherwise complies with section 109-308(1) and (2).

(8)

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(Ord. No. 3266 (Series 2023), § 3.12.012, 8-2-2023)

In all areas of special flood hazard, the following standards are required:

(1)

Anchoring.

a.

All new construction and substantial improvements shall be adequately anchored to prevent floatation, collapse, or lateral movement of the structure.

b.

All manufactured homes to be placed within Zone A shall be installed using methods and practices that minimize flood damage.

1.

For the purposes of this requirement, manufactured homes must be elevated and anchored to resist floatation, collapse, or lateral movement.

2.

Anchoring methods may include but are not limited to use of over-the-top or frame ties to ground anchors. (Reference FEMA's Manufactured Home Installation in Flood Hazard Areas guidebook for additional techniques.)

(2)

Construction materials and methods.

a.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

b.

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

c.

Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(3)

Utilities.

a.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

b.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.

c.

On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(4)

Subdivision proposals.

a.

All subdivision proposals shall be consistent with the need to minimize flood damage;

b.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

c.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

d.

Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments including proposals for manufactured home parks and subdivisions greater than 50 lots or five acres, whichever is less.

(5)

Review of building permits. Where elevation data is not available either through the flood insurance study from another source section 109-305(2), applications for building permits shall be reviewed to ensure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates.

(Ord. No. 3266 (Series 2023), § 3.12.013, 8-2-2023)

In all areas of special flood hazard where base flood elevation data has been provided as set forth in section 109-299 or 109-305(2), the following provisions are required:

(1)

Residential construction.

a.

New construction and substantial improvement of a residential structure shall have the lowest floor, including basement, elevated to a minimum of one foot above base flood elevation.

b.

Fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

1.

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

2.

The bottom of all openings shall be no higher than one foot above grade.

3.

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(2)

Nonresidential construction.

a.

New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either:

1.

Have the lowest floor, including basement, elevated to or above the base flood level; or

2.

Together with attendant utility and sanitary facilities:

(i)

Be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

(ii)

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

(iii)

Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications, including the specific elevation to which such structures are floodproofed, shall be provided to the official as set forth in section 109-305(3)b;

b.

Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in section 109-309(1)b;

c.

Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building floodproofed to the base flood level will be rated as one foot below).

(3)

Manufactured homes and recreational vehicles.

a.

All manufactured homes to be placed or substantially improved within Zones A1-30, AH, and AE on sites:

1.

Outside of a manufactured home park or subdivision;

2.

In a new manufactured home park or subdivision;

3.

In an expansion to an existing manufactured home park or subdivision; or

4.

In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood;

shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot above the base flood elevation and securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement in accordance with provision of section 109-308(1)b.

b.

All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, and AE that are not subject to the provision of subsection (3)a of this section be elevated so that either:

1.

The underside of the floor of the manufactured home is to be a minimum of one foot above the base flood elevation; or

2.

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.

c.

All recreational vehicles placed on sites within Zones A1-30, AH, and AE shall either:

1.

Be on the site for fewer than 180 consecutive days;

2.

Be fully licensed and ready for highway use*; or

3.

Meet the permit requirements of section 109-305(1) and the elevation and anchoring requirements for manufactured homes in subsection (1)a of this section.

*A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

(Ord. No. 3266 (Series 2023), § 3.12.014, 8-2-2023)

Located within areas of special flood hazard established in section 109-299 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

(1)

Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(2)

If subsection (1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provision of section 109-308.

(Ord. No. 3266 (Series 2023), § 3.12.015, 8-2-2023)

Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood depths in these zones range from one to three feet where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply:

(1)

New construction and substantial improvements of residential structures within AO zones shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two feet if no depth number is specified); or

(2)

New construction and substantial improvements of nonresidential structures with AO zones shall either:

a.

Have the lowest floor (including basement) elevated above the adjacent grade at least as high was the depth number specified in feet on the FIRM (at least two feet if no depth number is specified); or

b.

Together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as in section 109-309(1)c.

(3)

Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

(Ord. No. 3266 (Series 2023), § 3.12.016, 8-2-2023)

The agricultural use types include the on-site production of plant products by agricultural methods, including related incidental and accessory uses. The following agricultural use types are allowed in any zone as an incidental and accessory use to a permitted use or as a home occupation pursuant to chapter 101, article III, division 11, provided they do not result in a public nuisance as defined by the city public nuisance ordinance:

(1)

Floricultural and horticultural cultivation and/or storage;

(2)

Row and field crops cultivation for sale including their storage, packing and shipping;

(3)

Community gardens, greenhouses;

(4)

Packing and processing of agricultural crops and their by-products which may entail more than picking, cutting, sorting, and boxing or crating and includes canning, packing or processing of crops or their by-products.

(Ord. No. 3266 (Series 2023), § 3.13.001, 8-2-2023)

The use of the following structures is considered to be accessory to the primary use. Those structures include caretaker's residences, garages, sheds for storage of lawn equipment or wood, signs, etc.

(Ord. No. 3266 (Series 2023), § 3.14.001, 8-2-2023)

(a)

Where permitted in chapter 103, article II, only one single-family dwelling may be constructed, placed or occupied as a caretaker's residence on the lot used for the business.

(b)

Prior to any new construction or placement, a site plan application must be submitted and approved by the community development director/planner, followed by obtaining a building permit from the city building official.

(c)

The caretaker's residence shall have the appearance of and be maintained as an integral part of the business.

(d)

Two off-street parking spaces must be provided for the caretaker. Said spaces shall be in addition to the total number of parking spaces required for the business and shall only be accessed via the interior of the business lot.

(e)

The occupant of the caretaker's residence shall either be an employee of that business or the owner thereof. Proof of the employment relationship shall be provided to the city.

(f)

If the caretaker's residence is located within the main building of the business, it shall be limited to upper or lower floors and/or 25 percent of the ground floor of buildings, or greater than percent of the ground floor with a conditional use permit. The residence shall be accessed via the interior of the business building.

(Ord. No. 3266 (Series 2023), § 3.14.002, 8-2-2023)

The purpose of this section is to regulate the keeping of domestic livestock on property within the city. This activity within a residential area is for the sole use and enjoyment of the residents of the lot on which such animals are kept and shall not be for commercial purposes. This activity is considered to be an accessory or incidental use to a permitted use, subject to the following standards:

(1)

Livestock prohibited: swine, peacocks, guinea hens and roosters (male chickens).

(2)

Livestock allowed:

a.

Up to a cumulative total of six adult rabbits, ducks and/or chickens (no roosters) are allowed for each single-family dwelling in the R-1, R-2, R-3 and R-P residential zones, provided section 109-404(b) through (e) is met. Livestock are not permitted with multifamily uses.

b.

All livestock uses, except those prohibited in subsection (1) of this section, shall be permitted in the Hillside Development Residential (HD) and Rural Residential (RR-1) Zones, per section 109-404.

(3)

Livestock use kept solely for the purpose of a youth educational program, such as 4-H or FFA livestock project may be permitted in the R-1, R-2, and R-3 residential zones under the following conditions:

a.

Permission for the educational use of livestock shall be approved by the community development department director/planner.

b.

The subject property shall meet the requirements of section 109-404(b) through (e) are met.

c.

Evidence is provided to the planning division that the youth is duly enrolled in a seasonal 4-H or FFA livestock project, limited to market animals (lambs and/or goats), and an outline of the planned project, including animal types and numbers is also provided.

d.

An acknowledgement of the project and an agreement or statement of no objection to permit the same is provided from all adjoining property owners.

e.

The livestock use shall expire upon completion of the seasonal 4-H or FFA project; and the maximum project period shall be limited to April through August.

(Ord. No. 3266 (Series 2023), § 3.15.001, 8-2-2023)

(a)

Within the Hillside Development Residential (HD) or Rural Residential (RR-1) Zones, the total number of animals allowed on a lot shall be limited to the following square footage of pasture divided by the minimum area required for each animal as listed below:

(b)

Within the R-1, R-2, R-3 and R-P residential zones, the subject property shall contain a minimum of 10,000 square feet and which contains a detached single-family dwelling.

(c)

Enclosure. Adequate pens, fences and corrals shall be designed and constructed to confine animals to the owner's property.

(d)

Setbacks. Barns, corrals, pens, sheds, and other structures sheltering animals shall be located a minimum of 20 feet from the door or window of any dwelling or occupied structure other than the owner's dwelling and in conformance with chapter 107, article III. No structures shall be allowed in the front yard.

(e)

Sanitation. Proper sanitation shall be maintained at all times and shall include:

(1)

Not allowing animal waste matter to accumulate;

(2)

Taking necessary steps to ensure that odors from animals are not detectable beyond property lines;

(3)

Storing all animal feed in metal or other rodent-proof container.

(Ord. No. 3266 (Series 2023), § 3.15.002, 8-2-2023)

The purpose of this section is to regulate the keeping of common domestic bees on property within the city. This activity is considered to be an accessory or incidental use to a permitted use, subject to the following standards:

(1)

Where permitted. Beekeeping shall be permitted in the Hillside Development Residential (HD), Rural Residential (RR-1), and Low Density Residential (R-1) Zones, and by conditional use permit in the Medium Density Residential (R-2) Zone.

(2)

Minimum lot size. The subject property shall contain a minimum of 10,000 square feet.

(3)

Quantity. A maximum of two colonies per lot shall be permitted.

(4)

Hives. Bee colonies shall be kept in hives with removable frames with adequate space and management techniques to prevent overcrowding and minimize swarming.

(5)

Location. Hives shall be located in the rear yard and shall comply with the setbacks applicable to accessory structures.

(6)

Hive orientation. Hives shall be placed so the opening is oriented away from the nearest neighboring residence or the outdoor living area on a neighboring property (e.g., patio, deck, gazebo, other).

(7)

Flyway barrier. Where a hive is located less than 25 feet from a property line and the hive is facing said property line, a flyway barrier of at least a six-foot-tall solid fence shall be installed parallel to the property line for a minimum of ten feet in either direction from the hive, such that the bees will fly over the barrier and minimize adverse impacts to neighboring residences or outdoor living areas.

(8)

Bee warning signs. Caution signs shall be installed around the perimeter of the property in locations visible to the public, which warn the public of the presence of beehives.

(9)

Water. A convenient and clean source of water shall be made available to the bees at all times during the year so that the bees are not encouraged to visit water sources on neighboring properties (e.g., pools, hose bibs, pet water bowls, or other water sources).

(10)

Swarm control. If the beekeeper serves the community by removing a swarm or swarms of honeybees from locations where they are not desired, the beekeeper shall be permitted to temporarily house the swarm on the property for no more than 30 days from the date acquired, except as allowed under subsection (2) of this section.

(11)

Bees prohibited. Africanized bees are prohibited. Also, in any instance where a colony exhibits aggressive behavior, the beekeeper must ensure that the colony is re-queened. Aggressive behavior is any instance in which unusual aggressive characteristics such as attacking and stinging without provocation occurs. For colonies where aggressive behavior cannot be corrected by re-queening, the colony shall be immediately eliminated or relocated outside the city and UGB.

(Ord. No. 3266 (Series 2023), § 3.15.003, 8-2-2023)

(a)

A permit shall be required for the keeping of livestock within the R-1, R-2, R-3 and RP residential zones and for beekeeping in all residential zones where permitted. An application for a permit shall be initiated by the livestock owner and/or beekeeper on forms provided by the community development director/planner and shall include the following submittal information:

(1)

A plot plan of the property, showing the size (square footage) and property dimensions.

(2)

A proposal containing the number and type of livestock and/or beehives the applicant seeks to keep on the property, and a description of any enclosure for the livestock and/or beehives including precise dimensions and location in relation to property lines and adjacent properties.

(3)

Any other information deemed necessary by the community development director/planner to demonstrate compliance with this article.

(b)

The livestock/beekeeping permit is not transferrable and is assigned exclusively to the livestock owner and/or beekeeper that is identified in the application and the use is subject to all terms and conditions of the initial permit. The livestock/beekeeping permit shall not grant any permanent land use rights that may later be interpreted or construed as being a legal nonconforming use or grandfather right attached to the property.

(c)

If the city receives no complaints regarding the permit holder's keeping of livestock and or bees, the permit will be presumptively be renewed annually and the applicant may continue to keep the livestock and or bees under the terms and conditions of the initial permit.

(Ord. No. 3266 (Series 2023), § 3.15.004(1), 8-2-2023)

(a)

Upon complaint of a possible violation of this article or the provisions of any other applicable ordinance or law, city staff will investigate to determine if a violation exists; and when appropriate, will provide the property owner with written notice of the violation that requires corrective action.

(b)

Removal of livestock or bee colonies. Livestock or bee colonies can be required to be removed from the property under the following conditions:

(1)

In the event that the livestock owner or beekeeper is absent from the property for longer than 30 days and the livestock or bee colony is not being provided with care;

(2)

When there is a risk to public health or safety, as determined by the community development director/city planner;

(3)

Upon the determination of a third violation of this article.

(c)

Livestock or bee colonies will not be allowed for two years to those permit holders required to remove their livestock and/or bee colonies under subsection (b) of this section.

(Ord. No. 3266 (Series 2023), § 3.15.004(2), 8-2-2023)

The purpose of these regulations is to control, improve, or terminate uses which do not conform to the land development code.

(Ord. No. 3266 (Series 2023), § 3.16.001, 8-2-2023)

Nonconforming use includes any of the following which were lawfully established before the effective date of the ordinance from which this subpart is derived:

(1)

A building, structure (including signs), land use, or activity which was established or is conducted in a manner which does not conform with one or more standards or permit requirements of this article.

(2)

A use of land established in a location where such use is not identified as allowable by this article.

(Ord. No. 3266 (Series 2023), § 3.16.002, 8-2-2023)

A nonconforming use established prior to the effective date of the ordinance from which this subpart is derived, or prior to any subsequent amendment which creates such nonconformity, may be continued and maintained, except as otherwise provided by this chapter. Continuation of a nonconforming use may include a change of ownership, tenancy or management where the previous line of business or other function is substantially unchanged.

(Ord. No. 3266 (Series 2023), § 3.16.003, 8-2-2023)

Nothing contained in this article shall be deemed to require any change in the plans, construction, or designated use of any building for which a building permit has been issued and for which substantial site work has been lawfully completed prior to the effective date of the ordinance from which this subpart is derived.

(Ord. No. 3266 (Series 2023), § 3.16.004, 8-2-2023)

In the event the city urban growth boundary or city limits are expanded to include a pre-existing conditional use approved by the county planning commission or county commission, the conditions imposed by the county shall continue in full force and effect until such time as the use is discontinued or changed through a lawful planning process. Failure to meet the conditions of approval by the county may cause revocation of the conditional use permit by the city.

(Ord. No. 3266 (Series 2023), § 3.16.005, 8-2-2023)

Any nonconforming use of land may be continued as follows:

(1)

Expansion. The use may not be enlarged, increased, or extended to occupy a greater area of land than that occupied by such use on the effective date of the ordinance from which this subpart is derived.

(2)

Discontinued use. If the nonconforming use of land is discontinued for a period of one year, any following use is to be in conformity with all applicable requirements of this article. In the case of mineral and aggregate extraction sites, if the nonconforming commercial mining activity is discontinued for a period of one year, a resumption of mining activity shall be subject to review by the community development director/planner. The community development director/planner shall approve the resumption of mining upon a finding that residential development in the area would not result in conflicts with mining. If nonconforming mining activities are discontinued for a period of one year, the use shall cease to be allowed. This also includes the keeping of livestock.

(4)

Single-family residential use. A detached single-family residential structure existing as a principal use may be continued as a residential use and not subject to subsection (1) of this section, and may be altered, provided that no increase in the number of dwelling units or increase greater than 25 percent in the usable floor area occurs. Any expansion pursuant to this standard is to be in accordance with all applicable provisions of this article and is limited to one time only for reconstruction.

(Ord. No. 3266 (Series 2023), § 3.16.006, 8-2-2023)

The use of a building which is in conformity with the provisions of this article for a nonconforming use may be continued as follows:

(1)

Extension of use. The use may be extended throughout the building provided no structural alterations to the building are made except those required by law or ordinance.

(2)

Discontinued use. If the nonconforming use of the building is discontinued for a period of one year or more, any following use of the structure is to be in conformity with all applicable requirements of this article.

(Ord. No. 3266 (Series 2023), § 3.16.007, 8-2-2023)

(a)

Generally. Any structure which does not conform to the development requirements specified in this article may continue to be used, provided that:

(1)

Alterations and expansions.

a.

The structure was established and has been maintained in a lawful manner and condition and is not altered or expanded except for minor alterations necessary to improve or maintain the health and/or safety of the occupants or if required by law or ordinance. Should alterations or expansions exceed 50 percent or more of the assessed value of the improvements, according to the the county assessor's records, the entire structure and site shall be brought into compliance with this article.

b.

Residential uses. A residential structure may be altered and expanded and not subject to subsection (a)(1)a of this section only when increasing the number of dwelling units as allowed by this article. Any alteration or expansion pursuant to this standard shall be in accordance with all applicable provisions of this article and shall not result in an increase in any nonconforming elements.

(2)

Damaged or destroyed structures. If a nonconforming structure is damaged or destroyed by an occurrence beyond the property owner's control, causing direct physical loss, the damaged or destroyed structure may be repaired or replaced provided that the original nonconforming yards are not reduced and the original nonconforming heights or land coverage are not increased. There shall be a one-year time limit for receiving a building permit to reconstruct a nonconforming use, and two years maximum from the date of issuance of the building permit to complete construction.

(3)

Flood hazard areas. The provisions of this Article shall not relieve owners of property within mapped special flood hazard areas from complying with the flood hazard zoning provisions of article XII of this chapter.

(b)

Extensions of existing dwellings or buildings. Notwithstanding subsection (a) of this section, an existing single-family dwelling or accessory building nonconforming as to yard requirements may be extended in depth along the nonconforming building line to a maximum of one-half the length of the existing structure provided that such enlargement does not increase any other nonconformity which may exist and conforms to all other regulations of the zone in which it is located. Such authorizations shall be granted by the community development director/planner only after receipt of a written consent from the property owners abutting the nonconforming yard. Nonconforming structures with front or rear yards less than ten feet in depth or side yards less than three feet in depth shall not be eligible for the expansion allowed by this subsection.

(Ord. No. 3266 (Series 2023), § 3.16.008, 8-2-2023)

A nonconforming use may be replaced with another use even though the building or site does not meet the standards of this article. However, such substitution is to occur only when the new use is designated as permitted for the zone in which the property is located.

(1)

The new use constitutes a conversion, as provided in section 109-437;

(2)

Any modifications or alterations to the structure occur as provided by section 109-435; and

(3)

Where a building or site does not conform with the parking standards of chapter 107, article VII, substitution shall not occur unless:

a.

The new use is required to provide the same number of parking spaces as the existing use, in which case no additional parking is required; or

b.

Where new use is required to have a greater number of spaces than the existing use, the number of spaces provided is to be the difference between those required for the new use and those required for the existing uses.

(Ord. No. 3266 (Series 2023), § 3.16.009, 8-2-2023)

Any nonconforming use may be changed to an allowable use provided that all applicable permit requirements and standards of this article are satisfied. If a nonconforming use is converted to a conforming use, the nonconforming use shall not be resumed and a notice of conversion, in a form approved by the community development director/planner, shall be recorded in the county deed records.

(Ord. No. 3266 (Series 2023), § 3.16.010, 8-2-2023)

(a)

Legal nonconforming parcel and lot defined. Any parcel or lot having an area less than the smallest minimum lot size required, or having a frontage, width, or depth less than the minimum prescribed by this subpart or other ordinances, is a legal nonconforming parcel or lot if:

(1)

The parcel or lot is shown on a duly approved and recorded partition or subdivision map; or

(2)

The parcel or lot was created by means which were consistent with applicable legal requirements at the time it was created.

(b)

Use of nonconforming parcels or lots. A legal nonconforming parcel or lot may be used as follows:

(1)

Allowable uses. A legal nonconforming parcel or lot may be used for any use permitted by the zone in which it is located, subject to all applicable requirements of the zone.

(2)

Redivision. Any group of nonconforming parcels or lots may be redivided by partition or subdivision, provided that:

a.

Such division is in accordance with all applicable requirements of this article.

b.

No parcel or lot is less than the minimum area required.

(3)

In any zone in which single-family dwellings are permitted, a single-family dwelling and accessory buildings may be erected on a legal nonconforming lot of record notwithstanding the limitations imposed by this article. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for lot area applicable in the zone, provided that yard dimensions and requirements other than those applying to area of the lot conform to the regulations for the zone in which the lot is located. Variance of such requirements shall be obtained only in accordance with chapter 101, article III, division 4.

(4)

If two or more lots or combinations of lots with continuous frontage in single ownership are of record on the effective date of the ordinance from which this subpart is derived, and if all or part of the lots do not meet the requirements established in this article for lot area, the land involved shall be considered to be an undivided parcel for the purposes of this article. No portion of the parcel shall be used or sold in a manner which diminishes compliance with lot size requirements established by this article, nor shall division of any parcel be made which creates a lot with a size below the minimum requirements stated in this article.

(Ord. No. 3266 (Series 2023), § 3.16.011, 8-2-2023)

The purpose of a specific plan overlay is to provide a detailed phased master plan for land use, streets, and utilities for a minimum land area of 40 acres within the urban growth boundary or city limits. The specific plan is intended to guide growth and development over a ten- to 20-year period. The specific plan is intended to create an integrated and connected street pattern, a coordinated utility plan, a coordinated open space system, strong connections to off-site services, densities and intensity of use that meet minimums outlined in the comprehensive plan, neighborhood focal points, buffers to incompatible land uses; and to sensitively incorporate natural and historic areas. The specific plan encourages a mix of land uses that result in transportation efficient land use and pedestrian-oriented development. The specific plan is a zoning tool to encourage a planned neighborhood or employment district with all necessary services included in the plan.

(Ord. No. 3266 (Series 2023), § 3.17.001, 8-2-2023)

The minimum area shall be 40 acres.

(Ord. No. 3266 (Series 2023), § 3.17.002, 8-2-2023)

Any use types which are either permitted or conditionally permitted, as provided by this chapter, may be permitted within said specific plan overlay. All use types which will be included within a specific plan overlay shall be included in the development plan.

(Ord. No. 3266 (Series 2023), § 3.17.003, 8-2-2023)

The application for a specific plan overlay shall be subject to the planning commission and city council review procedure and shall be adopted by ordinance of the city. The application shall be accompanied by any such information as listed on the application submittal checklist. The applicant may request that approval of the specific plan and any related preliminary subdivision or partition plats be considered in the same proceeding. An application for a specific plan overlay may be initiated by the city council to guide land development in a coordinated and master planned fashion.

(1)

Prior to submission of an application for a specific plan overlay, the prospective applicant shall submit to the community development department/planning division a concept plan prepared in accordance with the standards provided in section 109-464. Upon receipt of the concept plan, staff shall schedule and hold a concept plan review conference. Representatives of the community development, fire, police, and public works departments may attend and, at the discretion of and as deemed desirable and necessary by the community development director/planner, representatives from other county, public departments, or agencies, may be invited to attend the conference.

(2)

The planning commission shall consider the specific plan overlay application at a public hearing, pursuant to the procedures in chapter 101, article IV for zoning map amendments. Approval of the concept plan shall be subject to the criteria for concept plan approval found in section 109-465. If requested by the applicant, the hearing body shall consider but may not approve the development plan and any related preliminary subdivision or partition plans at the same public hearing as the concept plan. approval of the development plan shall be subject to the criteria in section 109-468.

(3)

After the planning commission public hearing, and upon recommendation for approval by the planning commission, the city council shall consider the specific plan overlay application at a public hearing, pursuant to the procedures in chapter 101, article IV for zoning map amendments. The specific plan overlay shall be approved by ordinance.

(4)

The applicant must request approval of the development plan and any preliminary subdivision or partition plan within one year; provided, however, that if the development plan provides for more than one phase of development, only a preliminary subdivision or partition plan for the first phase need be submitted for approval.

(5)

Development plans submitted pursuant to subsection (3) of this section shall be considered pursuant to the criteria of section 109-468.

(6)

Preliminary subdivision or partition plans for a specific plan overlay shall be reviewed pursuant to the applicable land division procedures and criteria of chapter 111, and must conform to the approved development plan.

(Ord. No. 3266 (Series 2023), § 3.17.004, 8-2-2023)

(a)

General narrative. A generalized narrative describing the location of the site, its total acreage, and the existing character and use of the site and adjoining properties; the concept of the proposed specific plan overlay, including proposed uses and activities, proposed residential densities if appropriate, proposed commercial or industrial intensity of use if appropriate, proposed types and levels of public facilities and services, and physical land alteration required by the development; and the relation of the proposed specific plan overlay to the city comprehensive plan.

(b)

General site plan. A generalized site plan showing the entire parcel with schematic indications of approximate locations of lots and/or buildings, public and private rights-of-way, parking and loading areas, public and private open spaces, walkways, planting areas, etc.

(Ord. No. 3266 (Series 2023), § 3.17.005, 8-2-2023)

(a)

Soil stability and land suitability. If there is a history of unstable soil characteristics in the area, this must be resolved prior to approval. The geologic conditions of the soil must be suitable to accept the development proposed.

(1)

If the proposed development is located on excessive slopes of over 25 percent, engineering drawings must be submitted to satisfy engineering specifications. This requirement can be satisfied by submitting engineering drawings with the development plan provided that the concept plan is accompanied by a civil or geotechnical engineer's statement that the proposed uses and improvements can be safely constructed without disturbance to slope stability and can avoid any negative impacts on surrounding properties resulting from geotechnical concerns associated with the development proposal.

(2)

If the site is within a flood hazard area, conditions as outlined by the building official and flood hazard article must be met.

(b)

Fire protection. The proposed development must have adequate ingress-egress for firefighting equipment. The circulation plan for the development must have adequate access for firefighting equipment; hydrant placement, fire flows, building sprinkler systems and any other fire suppression systems required by the fire chief.

(c)

Access. The development must be accessible by improved city public streets.

(d)

Plan consistency. The proposed specific plan must be consistent with the city comprehensive plan and the La Grande/Island City Transportation System Plan.

(e)

Other standards. The reviewing body may require that other standards deemed necessary by findings of fact be met (i.e., standards deemed necessary to protect the public health, safety and welfare, or to mitigate impacts on surrounding lands).

(Ord. No. 3266 (Series 2023), § 3.17.006, 8-2-2023)

(a)

Statement of intent. An overall development scheme which states the development intentions of the landowner regarding the property, including, but not limited to, the following:

(1)

A statement of location and intensity of proposed uses and activities, including public and private open spaces.

(2)

A physical description of proposed facilities accommodating such uses, including types of buildings, structures and landscape, and circulation elements.

(3)

A statement of location and general configuration of lands to be dedicated for public open space and other public uses.

(4)

A general designation of utilities.

(5)

A statement detailing the consistency of the proposed development project with major public development programs, including, but not limited to:

a.

Freeways.

b.

Highways.

c.

Parks.

d.

Pedestrian and bicycle facilities.

e.

Open spaces.

f.

Utility transmission lines.

g.

Storm drainage facilities.

h.

Phased schedules of proposed major public facilities.

i.

Wetlands.

j.

Floodplains.

k.

Geological hazards.

l.

Transit facilities.

(6)

A statement describing how the proposed specific plan is consistent with the provisions of the city comprehensive plan and the La Grande/Island City Transportation System Plan.

(b)

Supporting graphics. A statement of intent required above shall be supported by such graphics as are necessary to establish the physical scale and character of the development and demonstrate the relationship among its constituent land uses, buildings and structures, public facilities, and open space. Said graphics as a minimum shall indicate:

(1)

Perimeter boundaries of the site.

(2)

Streets and driveways.

(3)

Sidewalks and pedestrianways and off-street parking and loading areas.

(4)

Location and approximate dimension of buildings and structures.

(5)

Utilization of buildings and structures, including activities and the number of living units.

(6)

Reservations for public uses, including schools, parks, playgrounds, and other open spaces.

(7)

Major landscaping proposals.

(8)

The community development department/planning division may require graphics presenting additional information as is determined necessary to support the statement of intent.

(c)

Description of surrounding area. A statement which provides information on the character and use of the surrounding area within 250 feet of the limits of the development.

(d)

Background report. The purpose of the background report is to collect and present information pertinent to the actual execution and operation of the specific plan overlay. The contents of the background report may include, but are not limited to, the following information:

(1)

A preliminary development schedule including anticipated timing for commencement and completion of each phase of development, tabulation on the total area in each separate phase and percentage of such area to be devoted to particular uses, parking required and provided and an indication of the proposed number and type of dwelling units by phase of development.

(2)

A preliminary population schedule, including estimated residential population for the entire project at its completion and for each type of dwelling unit for each phase of development, calculation of the average residential density per gross acre and per net residential acre by phase, and estimated nonresidential uses included in the proposal and a statement supporting inclusion of such nonresidential uses.

(3)

A utility master plan demonstrating required public utility sizing and appurtenances, connections to the city system and a statement relating the utility system designs to the requirements of city standards and any city utility master plans.

(Ord. No. 3266 (Series 2023), § 3.17.007, 8-2-2023)

(a)

The site development standards contained in chapter 107 for lot size and shape and building setbacks and yards, may be waived for a specific plan overlay providing that the development plan for specific plan overlay should indicate where the site development standards have been modified and should incorporate replacement standards designed to protect the public health, safety and welfare.

(b)

Standards for roadway improvements contained in chapter 105 shall apply to roads to be dedicated to the public on the final plat. Standards for roads that are to remain private roads, under the jurisdiction of a homeowner's association, shall meet requirements set by the planning commission, subject to a minimum requirement of 50-foot-wide right-of-way, eight inches of base rock, 24-foot-wide pavement, and two-foot-wide gravel shoulders for a total improved top width of 28 feet, and adequate drainage facilities as required by the city.

(Ord. No. 3266 (Series 2023), § 3.17.008, 8-2-2023)

(a)

The development scheme must ensure that specific uses intended for the property are located in the area most suited for that use, in a manner compatible with adjacent uses and consistent with the approved concept plan.

(b)

The planned unit development residential density standards in section 109-177(b) shall apply to the development plan.

(Ord. No. 3266 (Series 2023), § 3.17.009, 8-2-2023)

Any revisions from the approved concept plan or development plan shall be reviewed by the community development department/planning division. Minor revisions (resulting in no change in the number of housing units) may be approved administratively by the community development director/planner. Major revisions (resulting in a change in the number of housing units) shall be referred to the planning commission and city council for consideration pursuant to the procedures of chapter 101, article IV and the approval criteria of section 109-465 or 109-468, as appropriate.

(Ord. No. 3266 (Series 2023), § 3.17.010, 8-2-2023)

The purpose of the outdoor storage regulations is to enhance the appearance and image of the city and maintain property values.

(Ord. No. 3266 (Series 2023), § 3.18.001, 8-2-2023)

It shall be a violation of this article to park, store, leave or permit the parking, storing or leaving of any licensed or unlicensed motor vehicle of any kind or parts thereof which is in a wrecked, junked, partially dismantled, inoperative or abandoned condition, whether attended or not, upon any private property for a period in excess of 72 hours, except that two or fewer such vehicles or parts thereof may be stored if within a completely enclosed building or behind a sight-obscuring fence or vegetative buffer that blocks view from a public street or adjacent property. For the purposes of this article, any vehicle that is not currently licensed for operation on public highways shall be considered inoperable. This section shall not prohibit the outdoor storage of vehicles or parts thereof at legally established vehicle wrecking yards.

(Ord. No. 3266 (Series 2023), § 3.18.002, 8-2-2023)

No fuel, gasoline, kerosene, oil, junk, vehicle parts, household furniture, appliances, scrap material, equipment or parts thereof shall be stored in an open outdoor area. The accumulation of three or more vehicles or an equivalent or greater volume of junk constitutes a junk yard and shall be either removed from the property, stored behind a sight-obscuring fence or vegetative buffer that blocks view from a public street or adjacent property, moved to an enclosed building or located in an industrial zone (with screening as required by chapter 107, article V).

(Ord. No. 3266 (Series 2023), § 3.18.003, 8-2-2023)

The purpose of establishing wetland protection areas are:

(1)

To implement the goals and policies of the city comprehensive plan;

(2)

To satisfy the requirements of Statewide Planning Goal 5;

(3)

To protect and restore the city's wetland areas, thereby protecting and restoring the hydrologic and ecologic functions these areas provide for the community;

(4)

To protect fish and wildlife habitat;

(5)

To enhance and protect water quality and natural hydrology, to control erosion and sedimentation, and to reduce the effects of flooding;

(6)

To protect and restore the natural beauty and distinctive character of the city's wetlands as community assets;

(7)

To enhance the value of properties near wetlands by utilizing the wetland as a visual amenity; and

(8)

To enhance coordination among local, state and federal agencies regarding development activities near wetlands.

(Ord. No. 3266 (Series 2023), § 3.19.001, 8-2-2023)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Jurisdictional delineation means a delineation of the wetland boundaries that is approved by the state division of state lands (DSL).

Local wetlands inventory (LWI) means maps and report entitled City of La Grande Local Wetlands Inventory and any subsequent revisions as approved by the state division of state lands.

Locally significant wetland means locally significant wetlands are as determined by the provisions of OAR 141-86-0300 et seq.

Oregon Freshwater Wetland Assessment Methodology (OFWAM) means a wetland function and quality assessment methodology developed by the state division of state lands.

Wetland means an area inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and which, under normal circumstances, does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

Wetland protection area means an area that includes any wetland determined to be locally significant subject to the provisions of this article.

Wetland resource map means the local map which incorporates the DSL-approved local wetland inventory map and identifies locally significant wetlands.

(Ord. No. 3266 (Series 2023), § 3.19.002, 8-2-2023)

The determination of locally significant wetlands shall be made by the city in accordance with rules adopted by division of state lands (OAR 141-086-0300). Locally significant wetlands shall be identified on the city wetland resource map.

(Ord. No. 3266 (Series 2023), § 3.19.003, 8-2-2023)

(a)

Wetland protection areas consist of locally significant wetlands identified on the wetland resource map.

(b)

The provisions of this article shall be applied to any property or parcel containing wetlands identified as being locally significant. These provisions do not provide any exemption from state or federal regulations.

(c)

Unless otherwise stated, the approving authority shall apply the provisions of this article, in conjunction and concurrently with any other development permit being sought by an applicant. If no other permit is being sought, the community development director/planner shall serve as the approving authority.

(d)

Applications for plan approvals, development permits, or building permits, and plans for proposed public facilities on parcels containing a wetland protection area, or a portion thereof, shall contain the following:

(1)

A delineation of the wetland boundary completed by a professional wetland scientist or similar expert qualified to delineate wetlands in accordance with the state division of state lands rules. If the proposed project is designed to avoid wetlands, a wetland determination report may be provided in place of the delineation.

(2)

A scale drawing that clearly depicts the wetland boundary, the surface water source, existing trees and vegetation, property boundaries, and proposed site alterations including proposed structures and paved areas.

(3)

Verification that the application packet has been submitted to the state department of fish and wildlife for review and comment.

(Ord. No. 3266 (Series 2023), § 3.19.004, 8-2-2023)

(a)

An applicant for a permit in a wetland protection area may request that the approval authority use one of two alternative review processes: Track 1 uses clear and objective criteria, and Track 2 uses discretionary criteria. The two sets of criteria are listed below. The preferred track and criteria shall be noted on the permit application. The approving authority shall base its decision on the following criteria in addition to the required criteria for any other permit or approval that is being sought:

(1)

Track 1, clear and objective approval criteria.

a.

The proposed project will not result in the elimination or filling of land that has been delineated as a significant wetland.

b.

The project will not result in development or filling of land within 25 feet of the boundary of wetland that has been identified through the wetland determination process.

c.

The project satisfies the provisions of sections 109-517 through 109-519.

(2)

Track 2, discretionary criteria.

a.

The project will not degrade the hydrologic, ecologic, or land conservation functions of wetlands in the community;

b.

The project includes design features that will protect fish and wildlife habitat, enhance and protect water quality and natural hydrology, control erosion and sedimentation, and will not increase the effects of flooding;

c.

The project satisfies the provisions of sections 109-517 through 109-519.

(b)

When reviewing development permits or other planning applications for properties containing a wetland protection area, or portion thereof, the approving authority shall consider advisory recommendations from the state department of fish and wildlife regarding OAR 635-415 fish and wildlife habitat mitigation policy.

(Ord. No. 3266 (Series 2023), § 3.19.005, 8-2-2023)

(a)

Any use, sign, or structure, and the maintenance thereof, that was lawfully existing on the effective date of the ordinance from which this subpart is derived, is permitted within a wetland protection area. Such use, sign, or structure may continue at a similar level and manner as existed on the effective date of the ordinance from which this subpart is derived. The maintenance and alteration of pre-existing ornamental landscaping is permitted within a wetland protection area as long as no additional native vegetation is disturbed. The provisions of this section shall not be affected by any change in ownership of properties containing a wetland protection area.

(b)

The following activities and maintenance thereof are permitted within a wetland protection area:

(1)

Wetland restoration and rehabilitation activities;

(2)

Restoration and enhancement of native vegetation;

(3)

Cutting and removal of trees which pose a hazard to structures or people due to threat of falling;

(4)

Removal of non-native vegetation, if replaced with native plant species at the same amount of coverage or density;

(5)

Drainageway or ditch maintenance practices, other than structures, to maintain flow at original design capacity and mitigate upstream flooding, provided that management practices minimize sedimentation and impact to native vegetation;

(6)

Replacement of a permanent, legal, nonconforming structure in existence on the effective date of the ordinance from which this subpart is derived with a structure on the same building footprint, if it does not disturb additional area, and in accordance with the provisions of chapter 109, article XVI;

(7)

Expansion of a permanent, legal, nonconforming structure in existence on the effective date of the ordinance from which this subpart is derived, if the expansion area is not within the wetland protection area, and in accordance with the provisions of chapter 109, article XVI;

(8)

Emergency stream bank stabilization;

(9)

Maintenance and repair of existing roads and streets, including repaving and repair of existing bridges, and culverts; and

(10)

Development of new roads and streets, including the installation of bridges and culverts where a state or federal permit either has been obtained or is not required.

(c)

Applications for new fencing within a wetland protection area shall contain a scale drawing that clearly depicts the wetland area boundary. New fencing may be permitted by the community development director/planner where the applicant demonstrates that the following criteria are satisfied:

(1)

The fencing does not impact the hydrology of the site;

(2)

The fencing does not present an obstruction that would increase flood velocity or intensity;

(3)

Fish habitat is not affected by the fencing; and

(4)

The fencing is the minimum necessary to achieve the applicant's purpose.

(d)

It is necessary to secure any other state or federal permits before commencing work in a wetland.

(Ord. No. 3266 (Series 2023), § 3.19.006, 8-2-2023)

The following activities are prohibited within a wetland protection area, except as permitted in section 109-517:

(1)

Placement of new structures or impervious surfaces;

(2)

Excavation, grading, fill, or removal of vegetation, except for fire protection purposes;

(3)

Expansion of areas of landscaping with non-native species, such as a lawn or garden, into the wetland protection area;

(4)

Dumping, piling, or disposal of refuse, yard debris, or other material;

(5)

Discharge or direct runoff of untreated stormwater; and

(6)

Uses not allowed in the list of permitted uses for the underlying zone.

(Ord. No. 3266 (Series 2023), § 3.19.007, 8-2-2023)

When approving applications for land divisions, planned unit developments, conditional use permits, and variances, or for development permits for properties containing a wetland protection area or portion thereof, the approving authority shall ensure long-term conservation and maintenance of the wetland protection area through one of the following methods:

(1)

The area shall be protected in perpetuity by a conservation easement recorded on deeds and plats prescribing the conditions and restrictions set forth in this article and any imposed by state or federal permits;

(2)

The area shall be protected in perpetuity through ownership and maintenance by a private nonprofit association through a conservation easement or through deed conditions, covenants, or restrictions prescribing the conditions and restrictions set forth in this article and any imposed by state or federal permits;

(3)

The area shall be transferred by deed to a willing public agency or private conservation organization with a recorded conservation easement prescribing the conditions and restrictions set forth in this article and any imposed by state or federal permits; or

(4)

The area shall be protected through other appropriate mechanisms acceptable to the city which ensure long-term protection and maintenance.

(Ord. No. 3266 (Series 2023), § 3.19.008, 8-2-2023)

(a)

The state division of state lands shall be notified in writing of all applications to the city for development activities, including development applications, building permits, and other development proposals that may affect any wetland identified in the local wetlands inventory. This applies for both significant and non-significant wetlands. The division provides a wetland land use notification form for this purpose.

(b)

When reviewing development permits authorized under this article, the approving authority shall consider recommendations from the state department of fish and wildlife regarding OAR 635-415 fish and wildlife habitat mitigation policy.

(Ord. No. 3266 (Series 2023), § 3.19.009, 8-2-2023)

(a)

Approving authority. The planning commission shall be the approving authority for applications for variances to the wetland protection area provisions. The procedures set forth in chapter 101, article III, division 4 shall be followed for approval of a variance permit except that the variance criteria of this section shall apply.

(b)

Hardship variances. The planning commission may grant a variance permit to any dimensional provision of this article only when the applicant has shown that all of the following conditions exist:

(1)

The variance is necessary to allow reasonable use of the subject parcel of land, which is owned by the applicant, and provided the subject parcel was not created after the effective date of the ordinance from which this subpart is derived;

(2)

Strict application of the provisions of this article would otherwise result in the loss of an existing buildable site for a use that is permitted outright in the underlying zoning designation, and for which the applicant has submitted a formal application;

(3)

The applicant has exhausted all other options available under this article to relieve the hardship;

(4)

The variance is the minimum necessary to afford relief, considering the potential for increased flood and erosion hazard, and potential adverse impacts on native vegetation, fish and wildlife habitat, and water quality;

(5)

No significant adverse impacts on water quality, erosion, or slope stability will result from approval of this hardship variance, or these impacts have been mitigated to the greatest extent possible; and

(6)

Loss of vegetative cover shall be minimized.

(c)

Mapping error variances and corrections. The community development director/planner may grant a variance permit to any provision of this article when the applicant has shown that a mapping error has occurred and the error has been verified by the division of state lands. Delineations verified by the division of state lands shall be used to automatically update and replace local wetland inventory mapping. No formal variance permit application or amendment is needed for map corrections where delineations are provided.

(Ord. No. 3266 (Series 2023), § 3.19.010, 8-2-2023)

The purpose of these regulations is to ensure that wireless communication facilities (WCF) are located and installed in a manner that:

(1)

Encourages the collocation of WCF;

(2)

Minimizes the number of towers that are built throughout the city;

(3)

Ensures that new towers are only sited when alternative locations, such as existing buildings, utility structures, water towers and similar structures are not feasible;

(4)

Minimizes the impacts to residential areas which are in close proximity to a WCF;

(5)

Preserves the opportunity for continued and growing service from wireless communication industries.

(Ord. No. 3266 (Series 2023), § 3.20.001, 8-2-2023)

No WCF may be constructed, modified, installed or otherwise located within the city unless the review authority finds that it satisfies all requirements of this article.

(Ord. No. 3266 (Series 2023), § 3.20.002, 8-2-2023)

All of the following are exempt from the regulation of this article:

(1)

Emergency or routine repairs, removal, reconstruction, replacement or routine maintenance of previously approved facilities where the physical dimensions of any element of the facility is not substantially changed;

(2)

The collocation of additional WCF antennas on an existing WCF support tower shall be considered an outright permitted use if the existing WCF was specifically approved, as part of a prior land use approval by the city.

(Ord. No. 3266 (Series 2023), § 3.20.003, 8-2-2023)

In addition to the submittal requirements of chapter 101, article III, divisions 2 and 6, the following items shall be provided as part of the application for a WCF:

(1)

A vicinity map identifying all land uses, structures, and zoning designations within 500 feet of the site boundaries.

(2)

One or more photographs of a similar WCF, identifying each of the major components that will be included in the proposed WCF.

(3)

A collocation feasibility study that adequately indicates collocation efforts were made and states the reasons collocation can or cannot occur. The feasibility study shall evaluate the collocation on existing buildings, utility structures, WCF towers, and other support structures for reasons of structural support capabilities, safety, available space, receiving or transmitting interference, or failing to meet the service coverage area needs.

(4)

A statement demonstrating that the WCF must be located where it is proposed in order to service the provider's service area. There shall be an explanation of why a WCF and the proposed site is technically necessary. The statement shall also demonstrate that alternative sites were considered, where such sites are located and why they were not selected.

(5)

Documentation detailing the general capacity of the proposed WCF in terms of the number and type of antennas it is designed to accommodate.

(6)

A signed agreement stating that the applicant and any future owners of the WCF will allow collocation with other users, provided all safety, structural, and technological requirements are met.

(7)

A copy of the lease agreement for the proposed site showing that the agreement does not preclude future collocation on the proposed WCF.

(Ord. No. 3266 (Series 2023), § 3.20.004, 8-2-2023)

(a)

Tower sharing. Where technically feasible, new facilities must collocate on existing towers or other structures to avoid the construction of new towers. Requests for a new tower must be accompanied by evidence that application was made to locate on existing towers or other structures, with no success; or that location on an existing tower or other structure is not feasible. A third-party review of feasibility determination may be required.

(b)

Separation between WCF towers. No WCF tower may be constructed within 2,000 feet of any pre-existing WCF.

(c)

Height limitation. The maximum tower height shall not exceed 150 feet, as measured from the ground elevation to the top of the tower or antennas.

(d)

Setbacks. The following setbacks from adjacent property lines, dwellings, streets and zone boundaries:

(1)

WCF towers shall be setback from all dwellings and public streets by a distance equal to or greater than the height of the tower and antennae.

(2)

WCF towers shall be setback from a residential zone boundary by a distance equal to or greater than 500 feet.

(3)

Should the use of "concealment technology" be implemented, or if the WCF is integrated into an existing or proposed structure, such as church steeple, electrical transmission tower, or other structure, the planning commission may reduce or waive the setback requirements.

(e)

Color. The WCF shall be painted or coated with a dull, non-reflective surface, with a color that matches or blends with its surrounding or background, unless state or federal regulations require different colors.

(f)

Design. Towers supported by guy wires are prohibited.

(g)

Screening. The base of a WCF tower, all accessory equipment and ancillary structures at grade shall be fully screened from the street and any abutting sites as follows:

(1)

The site shall be screened by a fence or wall or hedge at least six feet in height. The screening material (e.g., slats, vegetation, other) shall be totally sight-obscuring.

(2)

Landscaping shall be provided in accordance with the requirements in chapter 107, article VI and shall be located outside the perimeter fence or wall.

(h)

Lighting. No lighting shall be permitted on the tower, antennas, or ancillary structures except as required by the Federal Aviation Administration or the state aeronautics division. If required, the lighting shall be shielded or deflected from the ground and other properties to the extent practicable.

(i)

Collocation. WCF towers shall be designed to accommodate collocation of additional provider's antennas:

(1)

WCF towers at 75 feet or less in height shall be designed to accommodate collocation of at least one additional antenna either outright or through future modification.

(2)

WCF towers over 75 feet in height shall be designed to accommodate collocation of at least two additional antennas either outright or through future modification.

(j)

Signage. No advertising sings, striping, graphics or other attention getting devices are permitted anywhere on the WCF, with the exception of one identification sign, not to exceed 16 square feet; and, incidental signage, such as warning and safety signs, not to exceed a total cumulative area of four square feet.

(Ord. No. 3266 (Series 2023), § 3.20.005, 8-2-2023)

All tower, antennas, and ancillary structures shall be removed by the facility owner or property owner within 120 days of the date the facility ceases to be operational. All below grade areas shall be filled and the site graded level. The site shall be left in a clean condition, free of debris, in a manner that will allow for the future development of the property.

(Ord. No. 3266 (Series 2023), § 3.20.006, 8-2-2023)

(a)

This article establishes regulations for the siting of marijuana and psilocybin facilities as authorized by state law.

(b)

Ordinance No. 3228, Series 2015, prohibits the establishment and operation of new medical marijuana processing sites, medical marijuana dispensaries, recreational marijuana producers, recreational marijuana processors, recreational marijuana wholesalers and recreational marijuana retailers. Ordinance No. 3256, Series 2022, established a ban on psilocybin service centers and the manufacturing of psilocybin products, and during the November 2022 general election, the voters approved Local Measure 31-108 prohibiting psilocybin-related businesses within the city. Until such time as Ordinance No. 3228, Series 2015, and/or Local Measure 31-108, is repealed, this article shall have no effect within the city.

(c)

The purpose of this article, should Ordinance No. 3228, Series 2015, and/or Local Measure 31-108, be repealed, is to balance the right of individuals to produce and access marijuana, marijuana-related, psilocybin and psilocybin-related products consistent with state law, and to minimize adverse impacts on adjacent properties, schools and other places where children congregate, and other land uses potentially incompatible with such facilities.

(Ord. No. 3266 (Series 2023), § 3.21.001, 8-2-2023)

(a)

Marijuana and psilocybin facilities allowed under chapter 103, article II shall be subject to a conditional use permit pursuant to chapter 101, article III, division 6. No marijuana or psilocybin facility may be located within the city unless the review authority finds that it satisfies all the requirements of this article and state law.

(b)

Marijuana and psilocybin facilities legally established pursuant to this article shall not be found in conflict with the provisions of this article in the event that a conflicting land use locates in the vicinity of a marijuana or psilocybin facility subsequent to the marijuana or psilocybin facility obtaining land use approval from the city. When such conflict is found to exist, the marijuana or psilocybin facility shall be considered a legal nonconforming use and subject to provisions set forth in chapter 109, article XVI.

(Ord. No. 3266 (Series 2023), § 3.21.002, 8-2-2023)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Career school means any private proprietary professional, technical, business or other school instruction, organization or person that offers any instruction or training or preparing persons for any profession at a physical location attended primarily by minors.

Manufacturing of psilocybin products means the manufacture, planting, cultivation, growing, harvesting, production, preparation, propagation, compounding, conversion or processing of a psilocybin product, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the psilocybin product or labeling or relabeling of its container.

Minor means an individual under the age of 18 years.

Pre-school means a school of instruction attended primarily by pre-kindergarten or age level equivalent (ages two to five).

Primary school or elementary school means a learning institution containing one or any combination of grades kindergarten through eighth grade or age level equivalent.

Psilocybin service center means an establishment defined under ORS 475A.220 which provides psilocybin services to clients before, during, and after the client's consumption of a psilocybin product, and may include preparation, administration and integration sessions.

Secondary school means a learning institution containing one or any combination of grades nine through 12 or age level equivalent and includes those institutions that provide junior high schools which include ninth grade.

(Ord. No. 3266 (Series 2023), § 3.21.003, 8-2-2023)

(a)

Location. A marijuana facility, psilocybin service center and the manufacturing of psilocybin products, measured from the real property boundary on which the facility is sited, shall not be located:

(1)

Within 1,000 feet of the real property comprising a:

a.

Public or private preschool, elementary, secondary or career school attended primarily by minors;

b.

Public library;

c.

Public transit center;

d.

Public park;

e.

Community recreation facility attended primarily by minors;

f.

Participant sports and recreation facility attended primarily by minors; or

g.

Licensed day care center.

(2)

Within 1,000 feet of the real property boundary comprising a marijuana facility, psilocybin service center and/or business engaged in the manufacturing of psilocybin products.

(b)

Residential uses. A marijuana facility, psilocybin service center and the manufacturing of psilocybin products shall not be located on a property with a residence or a mixed-use property that includes a residence, including a caretaker's residence.

(c)

Hours. A marijuana facility, psilocybin service center and the manufacturing of psilocybin products shall not operate between the hours of 8:00 p.m. and 8:00 a.m. Marijuana facilities located within industrial zones with no on-site retail or other patron activity are exempt from this restriction.

(d)

Drive-through. Drive-through marijuana and psilocybin facilities are prohibited.

(e)

Public view. All doorways, windows and other openings of a marijuana facility, psilocybin service center and the manufacturing of psilocybin products shall be located, covered or screened in such a manner to prevent a view into the interior from any exterior public or semipublic area.

(f)

Lighting. Primary entrances, parking lots and exterior walkways shall be clearly illuminated with downward facing security lighting to provide after-dark visibility to employees and patrons. Fixtures shall be designed and located so the light patterns overlap, but do not cast light beyond the property boundaries, except over pedestrian areas within a public right-of-way.

(g)

Storage. All storage shall be located within a permanent building and may not be located within a trailer, tent or motor vehicle. Outdoor storage of merchandise, plants, raw materials or other material associated with the marijuana business, psilocybin service center and the manufacturing of psilocybin products is prohibited.

(h)

Odors. The marijuana facility, psilocybin service center and the manufacturing of psilocybin products shall use an air filtration and ventilation system designed to ensure, that marijuana related odors are confined to the premises and are not detectible beyond the property boundaries in which the facility is located.

(i)

Secure disposal. The marijuana facility, psilocybin service center and facilities manufacturing psilocybin products must provide for secure disposal of marijuana and/or psilocybin remnants or by-products; marijuana and/or psilocybin remnants or by-products shall not be placed within the marijuana facility's exterior refuse container.

(Ord. No. 3266 (Series 2023), § 3.21.004, 8-2-2023)

Cottage housing developments shall be applicable in the R-2, R-3 and R-P zoning districts only. The general purposes of the cottage housing development design standards are as follows:

(1)

A cottage housing development is provided for as an alternative type of detached housing comprised of small residences that are 1,000 square feet or less and suited to accommodate a typical household of one or two individuals. Cottage housing is provided as part of the city's overall housing strategy, under Goal 10 of the city comprehensive plan, which intends to encourage affordability, innovation and variety in housing design and site development while ensuring compatibility with existing neighborhoods, and to promote a variety of housing choices to meet the needs of a population diverse in age, income, household composition and individual needs.

(2)

The cottage housing development design standards contained in this section create a permit path for small communities of cottage development, similar to multifamily housing projects, manufactured home parks, planned unit developments and subdivisions, where it can be oriented around open space in a manner that minimizes the visibility of off-street parking. These design standards are intended to ensure that cottage housing developments include pedestrian amenities and take advantage of existing natural features on the site including topography and vegetation. These same standards are intended to provide for traditional cottage amenities and to regulate proportions in order to ensure that cottage housing developments contribute to the overall community character.

(3)

Cottage housing developments may include a higher residential density than is normally allowed in the underlying zone district. This increased density is possible through the use of smaller than average home sizes, clustered parking, and the application of overall site design standards applied via approval of a binding site plan or other land use approval that governs the long-term use of master planned lots and structures as ownership may shift over time.

(Ord. No. 3266 (Series 2023), § 3.22.001, 8-2-2023)

To encourage and support a variety of housing choices, cottage housing may be established through a variety of land use approvals, such as a site plan application, conditional use permit, planned unit development and subdivision. Cottage housing may be designed as a small infill project within an existing platted subdivision, or as a larger cottage housing development. Cottage housing may be considered under the following land use reviews:

(1)

Zoning approval. For the construction or placement of up to three cottage homes on a parcel of land within the R-2, R-3 and R-P zones, and which meet the setbacks and other residential design requirements for the underlying zone, the planning director may administratively grant zoning approval to permit such homes, subject to single-family home design standards set forth in article II of this chapter. Such homes shall not be subject to the development standards of this article.

(2)

Site plan approval. Within the R-3 and R-P zones, for cottage housing developments that include four or more dwelling units and where the housing and land are under one common ownership, similar to an apartment complex, site plan approval shall be required pursuant to chapter 101, article III, division 2, and the development shall adhere to the design and improvement standards set forth in this article for cottage housing developments.

(3)

Conditional use permit approval. Due to the clustering of smaller than average home sizes, some properties may support a density that is greater than what is allowed in the underlying zone. To afford flexibility for a development to provide a higher density, such increased density shall only be permitted as follows by conditional use pursuant to chapter 101, article III, division 6.

a.

Development within the R-2 zone. Any cottage housing development which includes four or more units in the R-2 zone shall be subject to site plan approval and a conditional use permit approval pursuant to chapter 101, article III, divisions 2 and 6, and the development shall adhere to the design and improvement standards set forth in this article for cottage housing developments.

b.

Cottage housing parks. For developments where the land is under one ownership and where the housing is under a separate ownership, similar to a manufactured home park, site plan approval and a conditional use approval shall be required pursuant to chapter 101, article III, divisions 2 and 6, and the development shall adhere to the design and improvement standards set forth in this article for cottage housing developments.

(4)

Subdivision or partition. For cottage housing developments where home sites and common areas are intended to be platted for separate owners, such development shall be reviewed under the applicable land division procedures and criteria of chapter 111 and the development shall adhere to the design and improvement standards set forth in this article for cottage housing developments.

(Ord. No. 3266 (Series 2023), § 3.22.002, 8-2-2023)

(a)

Maximum density. The maximum density of a cottage housing development shall not exceed one dwelling unit for each 1,500 square feet of land area.

(b)

Exception. For cottage housing infill developments within an existing platted subdivision, the planning commission may establish limits or a maximum density as a condition of approval to satisfy neighborhood compatibility issues.

(Ord. No. 3266 (Series 2023), § 3.22.003, 8-2-2023)

(a)

Dwelling unit size/floor area allowance. To ensure that the overall size, including bulk and mass of cottage structures and cottage housing developments remain smaller and create less visual and physical impact than standard sized single-family dwellings that are required to be located on larger lots, the following floor area limitations shall apply to cottage housing. Two types of housing development are provided for to allow for a mixture of building sizes and footprints, while anticipating and addressing the varied impacts from each housing type.

*Floor area is measured to the outside wall on the ground floor including the stairs (building footprint). Floor area includes all upper floor area with a ceiling height of six feet or more not including the stairs which are counted as part of the ground floor.

(b)

Building separations. All units shall maintain ten feet of separation between vertical exterior walls, except that eaves and architectural projections such as balconies may encroach up to a maximum of 18 inches.

(c)

Setbacks. The emphasis of cottage development is to provide for development that focuses on and benefits from useful common areas. For this reason, peripheral setbacks (generally the side and rear yard areas) may be minimized to allow for a more useful yard area (generally the front yard) oriented to benefit from common area, open space and facilities.

(1)

Cottage dwellings and their accessory structures must meet setbacks or yard requirements for single-family detached developments in the zone in which they are located with respect to the outside perimeter of the planned cottage development.

(2)

Setback averaging may be used to meet the front yard setback from the outer perimeter of the planned cottage housing development, but the setback shall not be less than ten feet from the outer perimeter of the cottage housing development where it abuts a public street right-of-way. The averaging shall be based on lots of the same public street frontage between the nearest public street intersections in either direction from cottage housing development.

(3)

Cottage dwellings and their accessory structures must meet the following setbacks from lot lines through the interior of the cottage development:

Setbacks assume parking takes place in a separate parking area. A minimum 20-foot driveway length shall be maintained inside of curb and sidewalk if a driveway curb cut is provided for parking immediately adjacent to a cottage dwelling. This shall be done to eliminate the parking of vehicles on or over curbs or sidewalks and may require deeper yard areas than the minimums provided.

(4)

Accessory structures may be located within peripheral yards, but shall meet peripheral yard setback requirements.

(d)

Building heights and roof pitch. Cottage dwellings shall not exceed a maximum height of 28 feet and shall have a minimum roof pitch of 3:12. Cottage dwelling heights shall be measured from the average grade along each side of the structure to the peak of roof.

(e)

Building design.

(1)

Roofs of cottages shall have eave overhang depths that are a minimum of six inches.

(2)

Covered porches measuring at least 60 square feet shall be incorporated into the building design of the cottages.

(3)

A cottage dwelling shall also have at least four of the following design features:

a.

Attached covered parking for at least one vehicle.

b.

Bay or bow window.

c.

Dormer.

d.

Eaves (minimum 12-inch overhang) (12-inch eave overhangs shall be provided on all sides of the building to meet this standard).

e.

Deck or patio (to meet this standard, the minimum size for a deck or patio to qualify is 64 square feet).

f.

Off-sets on building face or roof minimum 12 inches (the provision of one such roof or facade feature is sufficient).

g.

Pillars or posts (requires at least one pair, decorative or plain, but finished in a manner that is consistent with the dwelling exterior).

h.

Structural additions to alter the shape of the structure (any feature not listed above that alters the rectangular or square shape of the dwelling will be considered; an attached garage or carport that provides an altered shape of the dwelling complies as well).

i.

Window shutters (shall be provided for all windows to meet this standard).

(f)

Parking structures. Covered parking is not required for cottage home developments, but when provided shall conform to the following:

(1)

Shared parking structures shall be detached from the dwelling units. A parking structure devoted to a single dwelling unit may be attached or detached from the dwelling unit.

(2)

The design of the parking structure must include roof lines similar and compatible to that of the dwelling units within the development.

(3)

The parking structure shall be constructed of similar siding and roofing material and be of similar colors as the cottage dwelling units.

(4)

The parking structure shall be reserved for the parking of vehicles owned by the resident of the development. Storage of items which preclude the use of the parking spaces for vehicles is prohibited.

(5)

Carports and garages are exempt from the ten percent lot size limitation for accessory structures but shall not exceed 240 square feet per dwelling unit which the garage or carport is intended to serve. For parking structures that include an enclosed storage area, the structure may be increase in size to accommodate the storage area but shall be equal to or less than the ground floor area of the largest cottage dwelling unit to which the structure is devoted to.

(g)

Accessory structures. To ensure that accessory structures remain accessory to the cottage dwelling unit (primary structure), an accessory structure shall be:

(1)

Located on the same development lot as the cottage dwelling.

(2)

No larger than ten percent of the actual land area of the development lot devoted to the cottage dwelling unit and shall be equal to or less than the ground floor area of the cottage dwelling unit.

(3)

Located entirely behind the cottage dwelling unit.

(4)

Constructed of similar siding and roofing material and be of similar colors as the cottage dwelling unit.

(5)

Of equal or lesser height than the cottage dwelling unit.

(h)

Community buildings.

(1)

Community buildings or space shall be clearly incidental in use to the dwelling units.

(2)

Building height for community buildings shall be no more than one story.

(3)

Community buildings must be located on the same development site as the cottage home development and be commonly owned by the residents.

(i)

Off-street parking and screening.

(1)

Parking requirement. Each cottage dwelling shall have a minimum of one off-street parking space.

(2)

Clustered parking locations and screening. Clustered parking locations and screening shall be designed to accomplish the following:

a.

Ensure minimal visual impact to residents surrounding the development. Screening may be accomplished by landscaping or fencing.

b.

Be grouped to correspond with cottage clusters and avoid single large parking areas that are difficult to screen from view.

c.

Locate to the side or rear of the site where parking areas are less visible and clustered to limit curb cuts and need for impervious surface.

d.

Shall be screened from view of adjacent neighbors if within ten feet of property lines. Screening to be minimum five-foot-high continuous sight-obscuring landscaping or fence.

(Ord. No. 3266 (Series 2023), § 3.22.004, 8-2-2023)

(a)

Lot coverage. Lot coverage is limited to no more than 45 percent impervious surface area. Impervious surfaces include driveways, building footprints, sidewalks, paved parking, compact gravel, and other surfaces that do not efficiently allow rain to percolate into the soil.

(b)

Common open space. Common open space is required and intended to provide a centrally located area than can be developed and maintained so it is usable for active and passive recreation. Unless the shape or topography of the site precludes the ability to locate units adjacent to common open space, the following requirements shall be met:

(1)

There shall be a minimum of 400 square feet of common open space provided for each dwelling unit.

(2)

Common open space shall abut at least fifty percent of the cottages in a cottage housing development.

(3)

Where feasible, each dwelling unit that abuts a common opens space shall have a primary entry and/or covered porch oriented towards the common open space.

(4)

Common open space shall be centrally located within the cottage housing development and be easily accessible to all dwellings within the development. Common open space shall be commonly owned by the residents.

(5)

Common open space shall not include portions of private yards, and shall be jointly owned by all residents.

(6)

Pedestrian connections shall link buildings to the common open space, public rights-of-way, private roads, and parking areas.

(7)

Common open space shall be outside of wetland and riparian areas and shall be on slopes of 12 percent or less.

(8)

Landscaping located in common open space shall be designed to allow for easy access and use of the space by all residents, and to facilitate maintenance needs. Where feasible; existing mature trees should be retained.

(9)

The common open space shall include at least three of the following improvements:

a.

Community garden.

b.

Seating and observation areas.

c.

Playground equipment.

d.

Gazebo and seating.

e.

Barbecue and picnic tables.

f.

Volleyball court.

g.

Other recreational amenities similar in nature to those listed above, as approved by the city.

(c)

Private open space. Private open space is intended to provide private areas around the individual cottages and to enable diversity in landscape design. Private open space shall be subject to the following requirements:

(1)

There shall be a minimum of 300 square feet of contiguous, usable private open space provided adjacent to each unit for the exclusive use of the cottage resident.

(2)

The main entry of the cottages shall be oriented toward the common open space as much as possible.

(d)

Pedestrian connections. Pedestrian connections shall be developed to link buildings to the common open space, public rights-of-way, private roads, and parking areas.

(e)

Lighting. Exterior lighting shall be minimized and shall be shielded or hooded and directed downward so as to light only the intended area without shining into a neighboring house, business or public street right-of-way.

(f)

Mechanical equipment. Exterior heating or cooling facilities shall be designed and sited to minimize the noise and visual impacts they can have on a site. Equipment visible from a street or common area shall be screened from view with a decorative fence, wall or landscaping.

(g)

Streets. Streets within the cottage home development shall be designed in accordance with chapter 105, article II. At a minimum, private streets shall have an improved width of ten feet for each vehicle travel lane for two-way traffic and 16 feet for one-way traffic, and an additional eight feet on each side for on-street parking. If private streets are determined to be low volume and emergency vehicle access, safety and traffic flow issues are addressed, an alternative street design may be approved by the planning commission, such as the with elimination of on-street parking on one or both sides in exchange for equal quantities of parking within off-street parking areas.

(h)

Stormwater drainage.

(1)

All stormwater shall be collected and retained on-site within the development boundaries. Stormwater low impact development techniques that encourage the natural treatment and infiltration of stormwater to mimic pre-development site conditions shall be employed and conform to the city small sites BMP manual, Stormwater Best Management Practices for Cold Climates. Examples of low impact development techniques include directing stormwater to landscape areas with amended soils or into improved drainage areas under porches or eaves, green or living roofs, the use of pervious pavers, and retention of existing mature trees.

(2)

When required by the city, an on-site stormwater analysis shall be performed by a qualified, licensed professional engineer, considering at a minimum a 25-year storm event of 15 minutes duration. The stormwater control plan shall be approved by the city and shall provide for the onsite collection, containment and release of stormwater such that it will not have an adverse impact to other properties, public or private. All improvements shall be inspected by the city prior to completion.

(Ord. No. 3266 (Series 2023), § 3.22.005, 8-2-2023)

The cottage housing development standards are created to support design innovation and in-fill development. Design standards and approval criteria provide essential guidance to applicants and administrators but not every circumstance can be anticipated in the drafting of standards and criteria. The city recognizes that cottage infill can be designed in alternate ways and still achieve the overall objectives of this chapter. An applicant may request a variation to specific standards during development review as part of the conditional use permit, planned unit development or subdivision process. A specific request for variation within a cottage home development is not subject to variance criteria. Approval of a specific variation can only be granted with reasonable findings that site conditions (property size, shape, topography, or other site constraint) makes strict adherence to the standards a burden, and that the specific variation requested provides for an equal or better way to meet the purpose of the written standard.

(Ord. No. 3266 (Series 2023), § 3.22.006, 8-2-2023)

The purpose of this article is to allow short-term rentals in the city with the goal of minimizing impacts to the residential housing stock in the city and to ensure and maintain livable neighborhoods. Short-term rentals are permitted in all residential zones, in both owner-occupied and leased properties, provided that the short-term rental meets the definition as stated in section 101-2; the requirements of this article; and all other applicable city, county or state laws and regulations.

(Ord. No. 3266 (Series 2023), § 3.23.001, 8-2-2023)

(a)

A short-term rental permit shall be required for operating a short-term rental in all residential zones within the city. An application for a permit shall be initiated by the property owner or long-term renter with the property owner as a co-applicant, on forms provided by the community development director/planner and shall include the following submittal information to demonstrate compliance with this article:

(1)

Copy of property deed or other legal document showing proof of property ownership.

(2)

For applications initiated by a long-term renter, the property owner shall be a co-applicant.

(3)

A plot plan of the property showing the following:

a.

The location and use of all buildings and structures on the property.

b.

Identify the main entrance to the short-term rental dwelling on the property and the location of keypad or key lock box.

c.

Identify the location and size of each required guest parking space.

(4)

a.

A signed acknowledgement statement of "no objection" from a majority of property owners described in subsection (a)(4)a.1 and 2 of this section:

1.

From the majority of the owners of property adjacent to the short-term rental property.

(i)

For the purposes of this requirement, the term "adjacent" means only those properties that share property lines and those across a public alley.

(ii)

Where only two adjacent properties exist, a minimum of 50 percent shall be required; and

2.

From the majority of the owners of property within 250 feet of the short-term rental property.

b.

The applicant shall prepare and present an "acknowledgement packet" to those neighbors described in subsection (a)(4)a.1 and 2 of this section. The acknowledgement packet shall include the following:

1.

The plot plan as required in subsection (a)(3) of this section.

2.

An operation plan that identified the number of rooms for rent, whether the rental includes the entire house to one party or by the room to separate parties, whether pets allowed, other? [specify "other" requirements].

3.

A copy of the house rules for guests staying at the short-term rental.

4.

Emergency contact information of the property owner or manager of the short-term rental.

5.

The acknowledgment statement to be signed by property owners shall read as follows:

"I have reviewed and fully understand the plans, operations and house rules for the proposed short-term rental, and I have no objections to the City of La Grande approving a short-term rental permit for operation of a short-term rental on the subject property as described in the acknowledgement packet."

(5)

Copy of completed and approved building safety inspection, signed by building inspector, city building division.

(6)

Any other information deemed necessary by the community development director/planner to demonstrate compliance with this article.

(b)

Property owner shall be limited to possessing only two short-term rental permits and owning only two short-term rentals within a residential zone in the city. The term "owner" means a natural person or legal entity that owns and holds legal title to the subject property. If the owner is a business entity such as a partnership corporation limited liability company, limited partnership, limited liability partnership or similar entity, each person who owns an interest in that business entity is considered an owner.

(c)

The short-term rental permit is not transferrable and does not run with the land. The permit is assigned exclusively to the property owner that is identified in the application and the use is subject to all terms and conditions of the initial permit. The short-term rental permit shall not grant any permanent land use rights that may later be interpreted or construed as being a legal nonconforming use or grandfather right attached to the property.

(d)

Upon receiving approval of a short-term rental permit, the property owner shall also obtain and maintain a lodging operation certificate from the city finance department.

(e)

The short-term rental permit will presumptively be renewed annually and the applicant may continue the short-term rental operation under the terms and conditions of the initial permit, unless the permit has been revoked as provided in section 109-610.

(Ord. No. 3266 (Series 2023), § 3.23.002, 8-2-2023)

(a)

Short-term rentals shall not include the use of a recreational vehicle, travel trailer, tent or other temporary shelter.

(b)

Multifamily and condominium units prohibited. Short-term rentals shall be limited to single-family or accessory dwelling units, and duplex dwellings. Short-term rentals shall be prohibited in all multifamily and condominium developments (three units or greater), as well as all cottage home developments.

(c)

Only one short-term rental permit is permitted per parcel, limited to one residential dwelling, which may include an accessory dwelling unit that is rented to the same party.

(1)

A single-family dwelling with an accessory dwelling unit shall not be rented separately to different parties, as this would be considered two separate short-term rentals on the same parcel and not permitted under this article.

(2)

A short-term rental within a duplex shall be limited to one side or one dwelling unit only.

(d)

The maximum occupancy for a dwelling used for a short-term rental shall be two additional persons per guest bedroom, plus two additional persons. For example, a two-bedroom dwelling would have a maximum occupancy of six persons.

(e)

One off-street (on-site) parking space shall be provided for every guest sleeping room. For bed and breakfast inns and hosted home shares, this requirement is in addition to the parking required for a single-family dwelling or duplex, whichever is applicable.

(f)

Each required off-street parking space shall be fully accessible at all times and not stacked or blocked by another parking space. Parking space dimensions and access shall be designed in conformance with section 107-173, and shall meet the following standards:

(1)

While meeting the nine-foot by 18-foot required dimension, the parking area shall include two feet of minimum clearance on each side of the parking area for occupants to easily get in and out of a vehicle. If such clearance does not exist, the parking spaces within such area shall be deemed non-functional and invalid towards meeting minimum off-street parking requirements.

(2)

Each off-street parking space shall be an integral part of the short-term rental use and include an improved walkway directly to and from the entrance where a key lockbox shall be mounted for accessing the short-term rental.

(3)

Required off-street parking shall be located and designed to be closer to an entrance of the short-term rental with a key lockbox, than the on-street parking within the public right-of-way. Such design shall encourage guests to use the required off-street parking as the primary parking spaces.

(4)

Signage shall be installed at each required off-street parking space or area that clearly identifies the reserved and designated off-street parking for the short-term rental.

(g)

Enclosed parking areas (garages, gated fences, etc.) shall not be eligible for meeting the parking requirements. Required parking spaces shall be open and conveniently accessible to guests at all times.

(h)

Conversion of covered parking to living space. The conversion of a covered parking spaces to living space shall only be permitted when the removal of such parking space will not result in a future nonconforming situation, should the short-term lodging use revert back to a residential occupancy.

(i)

Other conversions of space. The conversion of a dwelling to a short-term rental is considered temporary. No alterations or improvements shall be permitted that will prevent the short-term rental dwelling from its ability to be reverted back to a full-time residential dwelling (e.g., elimination of kitchen or other alterations that may result in a nonconforming situation).

(j)

Good neighbor policies.

(1)

House policies must be posted on-site for guests to easily see.

(2)

The short-term rental shall include the posting of a business sign in a location that is clearly visible and easy to read from the public right-of-way. Such signage shall include the telephone number of the emergency contact for the owner or manager of the short-term rental.

(3)

One or more emergency contacts for the short-term rental shall reside within 15 miles of the short-term rental and shall be responsive to neighborhood questions, concerns or complaints within two hours.

(Ord. No. 3266 (Series 2023), § 3.23.003, 8-2-2023)

(a)

Upon receiving a complaint of a possible violation of this article or the provisions of any other applicable ordinance or law, city staff will investigate to determine if a violation exists; and when appropriate, will provide the property owner with written notice of the required actions to correct the violation.

(b)

Revocation of short-term rental permit.

(1)

Failure to complete corrective action to resolve a violation of this article shall result in the revocation of the short-term rental permit.

(2)

A third violation of this article, even if corrected, within a 12-month period shall result in the revocation of the short-term rental permit.

(3)

The expiration or termination of a lodging operation certificate shall result in the revocation of the short-term rental permit.

(4)

Submitting false information to the city shall result in the denial, suspension, or revocation of a short-term rental permit as determined by the city manager in their sole discretion.

(c)

Upon revocation of a short-term rental permit, a property owner shall not be permitted to submit a new application for a short-term rental permit for a period of two years from the date the permit was revoked.

(d)

In the event that a tenant or property owner is found to be operating a short-term rental without the required permit, the property owner shall immediately cease operating the short-term rental, submit an application for a short-term rental permit, obtain a lodging operation certificate, and submit lodging taxes for all rents received while operating without a permit within 30 days of notice of the violation. Failure to comply with these provisions shall prohibit eligibility to submit an application for a short-term rental permit for a period of two years.

(Ord. No. 3266 (Series 2023), § 3.23.004, 8-2-2023)