Any individual roof form, such as a dormer or gable end, may penetrate the side setback plane if it is less than one-third of the structure length at 12 ft. in height. Two or more separate and distinct roof forms may penetrate the side setback plane if they are less than one-half of the structure length at 12 ft. in height. For the purposes of this standard, a projecting dormer(s) must be enclosed in the roof form on at least two sides. All portions of a compliant dormer may project.

Building projections allowed under LOC § 50.04.003.8, General Exceptions for Building Projections, Decks, and Walkways and Pathways to Setbacks, may project up to two ft. into the side yard setback plane. Chimneys are exempt from the setback plane requirement.

When the side elevation of a primary structure is more than 500 sq. ft. in area in an R-0, R-2, R-3, R-5, or R-6 zone ("Group 1") or more than 750 sq. ft. in area in an R-7.5, R-10, or R-15 zone ("Group 2"), the elevation must be divided into distinct planes of 500 sq. ft. or less for Group 1or 750 sq. ft. or less for Group 2. For the purpose of this standard, areas of side yard wall planes that are entirely separated from other wall planes are those that result in a change in plane, such as a recessed or projecting section of the structure that projects or recedes at least two ft. from the adjacent plane, for a length of at least six ft.

Except in the R-0, R-2, R-3, and R-5 zones, the maximum side yard plane may be increased by 10% on a side for every additional five ft. of side yard setback provided beyond the minimum required by the zone, on the side property line.

The side elevation of a structure shall consist of two or more planes that are offset by a minimum of 16 in. The wall planes shall be a minimum of four ft. in width, and shall result in a change in a wall plane for one full story.

Exception: Window bays may be utilized to satisfy the requirement for offsets. Such windows shall extend a minimum of 12 in. outward from the main wall of a building and shall form a functional bay or alcove in an interior room. Bay windows used to meet this requirement shall not be exempt from setback requirements.

Walls shall include a roof eave overhang of 16 in. or greater, and

Windows and/or doors shall occupy a minimum of 15% of the side elevation facing the street, and all windows shall have a window trim that is a minimum of four in. in width.

To use the screening option, the following standards must exist or be provided:

Detached single-family dwellings; and

Middle housing.

The garage is 20 ft. or more back from:

The garage is side-loading;

The garage is rear-loading;

The lot is a steeply sloped lot; or

The garage is proposed to be set back at least 60 ft. from the public right-of-way.

Garages shall comply with a minimum number of the following appearance standards intended to minimize the appearance of the garage. The minimum number of appearance standards that must be met is provided in Table 50.06.001-3.

The lot is a steeply sloped lot;

The width of a parcel is less than 50 feet; or

The garage is proposed to be set back at least 60 feet from the public right-of-way.

Garages shall be accessed from an alley, if available.

If a property is located on a corner lot, garages may also be accessed from the street that abuts the side of the primary dwelling when the following criteria are met:

For interior lots, garages shall be located so that the garage is set back a minimum of 15 ft. behind the front yard setback line of the house (excluding a porch). See Figure 50.06.001-M: Front Porch and Garage Measurements.

Where no alley access is available, the garage shall comply with the following standards:

Garages shall comply with a minimum number of the following appearance standards intended to minimize the appearance of the garage. The minimum number of appearance standards that must be met is provided in Table 50.06.001-2.

Materials;

Setbacks (for retail/commercial part specifically);

Rooflines;

Height; and

Overall proportions.

Integrate the remaining buildings into the overall design; or

Provide separate landscaping, remodeling or other treatment which establishes a distinct character and function for the remaining buildings.

This subsection shall apply to:

This subsection is not applicable to construction or modifications of structures in the PF and PNA zones where conformance to this standard conflicts with the operational needs of the use, or to nonhabitable buildings.

Locating buildings within 30 ft. of a public street except where prevented by topographic constraints, existing natural resources, or where, in multi-building complexes, the configuration of the lot prevents locating all buildings within 30 ft. of a public street.

Buildings located on sites with multiple frontages on public and/or transit streets shall provide at least one public entrance within 30 ft. of the transit street.

Buildings located on sites adjacent to a transit street shall have at least one public entrance within 30 ft. of the transit street.

Buildings that are within 30 ft. of a public street shall have a public entrance directly from the street.

Multi-family and residential mixed use structures shall comply with the following standards (also see Figure 50.06.001-N):

The front building elevation of multi-family and residential mixed use structures with multiple stories shall meet the following standards, which are intended to avoid large uninterrupted wall planes and provide a defined building base, middle, and top as follows. Single-story multi-family and residential mixed use structures shall provide a defined building base and top (see Figure 50.06.001-O).

All building elevations facing a street or public space shall be articulated along all stories by providing a minimum two-ft. horizontal change in building plane between abutting dwelling units (or units sharing a common wall). A change in plane shall be provided through at least two of the following:

Roofline articulation shall be provided in a manner that corresponds with the facade articulation. This shall be accomplished by providing the following roofline or roof form elements at least every 30 ft., as viewed from adjacent street(s), public courtyards, and plazas.

The front entry to each individual unit shall either provide a covered porch or stoop that is at least six ft. in depth, or be recessed at least two ft. into the front building elevation.

All building elevations facing a street or public space shall provide a minimum of 25% glazing. Glazing may be provided in windows or doors.

New construction, including removal of existing buildings and construction of new buildings within existing footprint; and

Modifications of existing buildings that are not removed and reconstructed, and that expand the building footprint by more than 50% as measured cumulatively from the footprint existing on December 6, 2005.

Locating buildings within 30 ft. of a public street except where prevented by topographic constraints, existing natural resources, or where, in multi-building complexes, the configuration of the lot prevents locating all buildings within 30 ft. of a public street.

Buildings located on sites with multiple frontages on public and/or transit streets shall provide at least one public entrance within 30 ft. of the transit street.

Buildings located on sites adjacent to a transit street shall have at least one public entrance within 30 ft. of the transit street.

Buildings that are within 30 ft. of a public street shall have a public entrance directly from the street.

Numerical Method. Refer to Table 50.06.002-1 and 50.06.002-2 to determine the maximum number of parking spaces allowed.

The maximum number of surface parking spaces shall not exceed the number of parking spaces required under Table 50.06.002-2. For land uses with more than 65,000 square feet of floor area, surface parking may not consist of more area than the floor area of the building. Non-surface parking, such as tuck-under parking, underground and subsurface parking, and parking structures may be exempted from the calculations in this section. Additionally, the following types of parking are exempted from the calculations in this section: parking for fleet vehicles; vehicle parking for sale, lease, or rent; employee carpool or vanpool parking; automobiles for sale or rent; and parking provided under the Americans with Disabilities Act.

Maximum Number of Parking Spaces.

Handicapped parking and ramps shall be provided in accordance with the Uniform Building Code.

Any parking provided on-site may not be located in a required yard or special street setback except where there are specific yard setback requirements or exceptions for parking established by the zone or use.

Within commercial, public use, industrial and campus institutional zones parking may be provided on remote lots within said zones which are within 500 ft. of the property line of the use to be served. Within the EC (East End General Commercial) zone only, unless otherwise prohibited, employee parking may be allowed within 1,000 ft. of the property line of the use to be served. Within the LGVCO only, unless otherwise prohibited, parking may be provided on remote lots within the District which are within 750 ft. (customer parking) and 1,000 ft. (employee parking) from the property line of the use to be served.

Shared parking is allowed.

New on-site surface parking must include one of the following (only one of the three options can be chosen):

Developments shall provide either:

Developments must provide pedestrian connections throughout the parking lot, connecting at a minimum the following, except where not practicable due to site-specific conditions:

Development of a tree canopy plan under this section shall be done in coordination with the local electric utility, including pre-design, design, building and maintenance phases.

In providing trees under subsections (1) and (2), the following standards shall be met:

Refer to Figure 50.06.002-A: Off-Street Parking Matrix to determine the minimum dimension and layout of parking spaces. All parking areas, except stacked or tandem parking areas, shall be designed so that a vehicle may enter or exit without having to move another vehicle. All parking areas must be designed to allow vehicles to enter and exit the street in a forward motion.

The minimum dimension to meet single-family and middle housing residential parking space requirements shall be eight ft. six in. wide and 18 ft. six in. long for each space.

Except within the LGVCO, up to 50% of the total parking requirement may be provided in compact car spaces. All parking spaces designated for compact vehicles shall be signed or labeled by painting on the parking space.

Where employee parking spaces are designated, the designated carpool and vanpool parking spaces shall be the closest employee parking spaces to the entrance normally used by employees.

Where employee parking spaces are not designated, designated carpool and vanpool parking spaces shall be located in close proximity to the building entrance normally used by employees.

Bicycle parking shall be provided for all new multi-family residential developments (four units or more) and commercial, industrial, public facilities and institutional uses, except seasonal uses, such as fireworks stands and Christmas tree sales; drive-in theaters; and self-storage facilities are exempted.

Modifications which increase the size of existing commercial, industrial, public function structures or institutional buildings by more than 10% or a change of use shall provide bicycle parking spaces to meet the requirements of Table 50.06.002-6 for the entire development. For the purposes of this section, an "existing building" is a building as it exists on February 19, 1998.

At least 30% of the required bicycle parking facilities are installed prior to issuance of the certificate for occupancy;

The owner executes and records with the County Clerk of the county in which the property is located a covenant to undertake bicycle parking studies, and install a percentage of required bicycle parking facilities, as follows:

The methodology and timing of the bicycle parking studies shall be proposed by the owner, for review and approval of the City Manager. Based on the results of any of the bicycle parking studies, the owner shall install additional needed bicycle parking facilities within 60 days following completion of the study. The cost of the bicycle parking studies, and installation of the bicycle parking facilities, shall be at the expense of the property owner. If the owner does not comply with the terms of the covenant, the City may give notice to the property owner to install the balance of the required bicycle parking facilities within 15 days following the date of the notice.

Bicycle racks shall hold bicycles securely by the frame and be anchored.

Bicycle racks shall accommodate both:

Topography;

Traffic volume to be generated by the development;

Classification of the public street from which the access is taken (local, collector or arterial);

Traffic volume presently carried by such street; and

Projected traffic volumes.

On corner lots where the adjacent streets are fully improved to their anticipated ultimate width, the nearest edge of a proposed driveway to the intersection shall be no closer than 30 ft. when measured from the projected curb of the street that is the most parallel to the alignment of the proposed driveway and in accordance with the access spacing and sight distance requirements in LOC § 42.03.130(4).

On corner lots where the adjacent streets are not fully improved to their anticipated ultimate width, the nearest edge of a proposed driveway to the intersection shall be no closer than 30 ft. when measured from the lot corner, or if the corner is a radius, from the point of intersection of the tangents. If right-of-way dedication is required as a condition of approval, the lot lines after dedication shall be used as the basis for determining compliance with this standard.

On lots with less than 75 ft. of continuous frontage on a single public street, only one driveway shall be permitted along that frontage.

All driveway approaches shall be located and designed so that the driver entering or exiting the driveway can see approaching traffic for a sufficient distance to make a safe entrance and exit. American Association of State Highway and Transportation Officials (AASHTO) standards shall be used in determining compliance with this standard.

The maximum width of a driveway approach, measured where the edges of the driveway meet the right-of-way, shall be governed as follows:

The driveway approach shall be within the right-of-way bounded by the extension of the lot’s side or street side lot lines.

The maximum grade of a driveway shall comply with LOC § 15.06.610 (Oregon Fire Code Adopted).

For all uses except single-family or middle housing dwellings, there shall be a landing area where a driveway used by multiple drivers meets the public street. The landing area shall be a minimum of 25 ft. long and shall have a maximum grade of five percent. The length and grade of the landing area described in this subsection presupposes that the abutting street has been fully improved to its ultimate anticipated width. If a driveway is proposed on a street that is not fully improved, and the development proposal is anticipated to proceed prior to the improvement of the street, the City Engineer shall determine the location and grade of the future street improvement and the applicant shall design the driveway and site grading so that this standard will not be compromised when the street is improved in the future.

Along the traveled way, grade breaks shall not exceed an algebraic difference of 9% unless accomplished by the construction of a vertical curve complying with the City’s Standard Details.

The maximum cross-slope of a driveway shall be 5%, except for that portion of a driveway which must blend with an adjacent street grade that exceeds 5%. When blending is necessary, the length of the blended section shall be limited to 30 ft.

All developments shall comply with the minimum requirements for fire access roads as stipulated by the Fire Code and LOC Chapter 15.

The paved improvement of fire lanes, their associated turnarounds and right-of-way dimensions shall comply with the City’s Standard Details.

When a fire access road is required to be used as a primary or alternate access route for the provision of emergency services to or through an abutting property, the fire lane shall be declared as such on a legal instrument to be recorded against the title of the affected property(ies). A declaration on a plat or on a recorded development plan may also be used to satisfy this standard.

If a dead-end driveway exceeds 150 ft. in length, it shall provide a fire department turnaround in compliance with the City’s Standard Details. Exception: The Fire Marshal may approve driveways greater than 150 ft. in length if the structures greater than 150 ft. from the public road are provided with alternative methods of fire suppression, i.e., sprinklering.

Except where a continuous forward exit can be made out of the site, all developments with on-site loading and delivery areas shall provide a turnaround for delivery vehicles in compliance with the City’s Standard Details.

Required turnarounds shall not overlap any parking spaces.

Driveways and their associated parking areas and turnarounds shall be located on the site or, if located off site, in an easement.

A copy of the easement shall be submitted to the City as part of the development application. If the easement has not yet been obtained at the time of application, the applicant shall supply a letter of commitment from the party who has the authority to grant the easement indicating that the easement will be granted contingent upon the development’s approval by the City.

Easements shall state the purpose of the easement, identify the benefiting and burdened properties, state the duration of the easement rights granted, and stipulate the maintenance responsibilities of the parties.

Low-use driveways, such as one serving a parking area for recreational vehicles, boat trailers, or access to a storage building or storage area.

Where a driveway grade changes less than 10% from the street to the parking area serving a single-family residence or duplex.

Existing unpaved driveways, when there is an existing use on the site that is rated at ten or less average daily trips per weekday pursuant to the applicable ITE (Institute of Transportation Engineers) category, and the rating will not be increased with the proposed development.

When the requirement for a paved driveway is waived, a paved approach shall be constructed to prevent the tracking of loose gravel onto the public street.

Temporary construction access driveways.

Combustible materials, erodable materials, or floatable materials shall not be approved as acceptable driveway surfaces (i.e., wood chips, bark dust, shredded tire rubber).

Pedestrian connections between the proposed development and existing development on adjacent properties other than connections via the street system shall be identified and implemented, where feasible.

Where walkways are adjacent to vehicle travel areas, they shall be separated by a raised curb, bollards, buttons, landscaping or other physical barrier. If a raised walkway is used, the ends of the raised portions shall be equipped with curb ramps.

Is located on a parcel or parcels of vacant or redevelopable land of 1.75 acres or more, or

Abuts a parcel upon which there is a street that has been "stubbed" to the proposed development site.

Is located on a parcel or parcels of vacant or redevelopable land of 1.75 acres or more, or

Abuts a parcel upon which there is a street that has been "stubbed" to the proposed development site.

Extreme topography (over 15% slope) in the longitudinal direction of a projected automobile route;

The presence of Sensitive Lands as described in LOC § 50.05.010, or LOC § 50.05.011, Flood Management Area, or other lands protected by City ordinances, where regulations discourage construction of or prescribe different standards for street facilities, unless the nearest through street pairs (see Figure 50.06.003-A: Street Connectivity) surrounding the subject site are more than one-quarter mile apart. The reviewing authority may determine that connectivity is not required under this circumstance, if a benefit/cost analysis shows that the traffic impacts from development are low and do not provide reasonable justification for the estimated costs of a full or limited access street connection;

The presence of freeways, existing development patterns on abutting property which preclude the logical connection of streets or arterial access restrictions;

Where requiring a particular location of a road would result in violation of other City standards, or state or county laws or standards, or a traffic safety issue that cannot be resolved;

Where requiring streets (full or limited access) or accessways would violate provisions of leases, easements, covenants, restrictions or other agreements existing as of May 1, 1995, which preclude required street or accessway connections; or

Where there is minimal public benefit of improved vehicular access and circulation, a limited access street connection (in lieu of a full street connection) may be approved provided it does not preclude development of adjacent property and is consistent with the purpose and intent in LOC § 50.06.003.4.b. For determining public benefit, the travel needs of existing, proposed and potential future development and emergency vehicle access needs shall be considered. Limited access streets shall conform to the spacing standards in subsection 4.c.vii of this section.

That reducing the number or location of connections would not significantly add to travel time or distance from the proposed development to bus lines or activity centers in the area, such as schools, shopping, or parks; or

That existing development patterns on abutting properties preclude logical connection of residential accessways; or

That the traffic impacts from development, redevelopment or both are low and do not provide reasonable justification for the estimated costs of such accessway.

Level of existing and projected adjacent transit facilities;

Proximity of other ridership attractors, such as bus routes;

Size and trip generation potential of proposed development adjacent to transit street (within one-fourth mile of a transit street); and

Expected transit ridership generated by a development.

The nearest adjacent transit street; or

Adjacent paths which lead to the nearest transit street.

All major development;

Multi-family dwelling;

Major public facilities;

Commercial development;

Institutional development;

Private recreational development;

Industrial development;

Subdivisions (except middle housing land divisions (ORS 92.031);

Partitions (except middle housing land divisions (ORS 92.031); and

Change of use that increases the number of required parking spaces by more than 25%.

The Downtown Redevelopment Design District shall comply with LOC § 50.05.004 rather than the provisions of this section.

The FMU zone shall comply with the Foothills Building and Site Design Standards, LOC § 50.11.007, Appendix G.

Screening and buffering shall be required:

Landscaping visible from the street or other public right-of-way shall be complementary to the landscaping in the surrounding area.

Marsh or Sessile Trillium: "Trillium chloropetalum."

Fawn Lily: "Erythronium oregonum."

White Larkspur: "Delphinium leucophaeum."

Be of a size to provide an effective screen within two to five years of the planting date.

Be planted in a single row on centers equal to one-half mature width of the plant material or in staggered multiple rows.

Be a minimum of six ft. high at maturity; or as determined by the City Manager to buffer or screen a specific situation except as prohibited by LOC § 42.03.130, Sight Distance at Roadway Intersections, Private Streets and Driveways.

Four ft. in height when located within ten ft. of a property line abutting a public street or an access easement that serves more than two lots. This restriction shall not apply to properties that abut an access easement but do not have a legal right to use the easement. For purposes of determining fence height under this subsection, alleys are not considered as public streets.

Four ft. in height when located within the front yard setback of the Old Town Neighborhood.

A retaining wall four ft. or less in height may be located in the required setback; provided, that if there are multiple retaining walls within the setback, each retaining wall shall be located no closer than five ft. to another retaining wall, as measured from the back of one retaining wall to the front of the other retaining wall.

Exception: Retaining walls greater than four ft. in height are permitted if the retaining wall forms a window well that complies with the depth and length requirements for an exception to "Height of a Building," in LOC § 50.10.003.3.

Retaining walls greater than four ft. in height shall be required to meet all setback requirements, except as otherwise exempted.

Retaining walls shall not be permitted in any rights-of-way, except with prior approval of an encroachment permit.

The combined height of a retaining wall and fence, where the fence is located either on top of or within five ft. of the face of the retaining wall on the upslope side, shall be less than eight ft., as measured from the lower side of the retaining wall.

No fence shall be located either on top of or within five ft. of the face of the retaining wall on the upslope side when either the retaining wall or the fence is located within ten ft. of a public or private street or an access easement which serves more than two lots.

When a fence is located on the top of a retaining wall, the fence shall be of a different class of material than the retaining wall, i.e., if the retaining wall is masonry, the fence must be wood or metal.

Fences which either provide security or are accessory or incidental to the use of a major public facility, minor public facility, or public transportation facilities; or

An open (80% open) fence which is not located in the front yard (forward of the primary structure to the front lot line) and which encloses part or all of a tennis court, swimming pool, playing field, park, commercial recreational facility, public or semi-public utility structure, or courtyards or play areas for day care and educational institutions. The evergreen hedge screening requirement in LOC § 50.06.004.2.b.iv does not apply to these fences; or

A noise fence permitted by the Oregon Department of Transportation abutting the right-of-way of Highway 43, but only to such height limits approved by ODOT; or

Retaining walls used to directly support a driveway, access lane, or car parking area for a single-family residence or middle housing; or

Retaining walls used to support right-of-way embankments subject to approval by the City Manager or designee.

Barbed wire or electrified fences enclosing permitted livestock are permitted provided the barbed wire and electrified fences shall be posted and flagged at not less than 15-ft. intervals with clearly visible warnings of hazard.

Barbed wire or upturned barbed salvage is permitted more than six ft. above grade in GC and Industrial zones; provided, that barbed wire shall not extend over a public or private street, alley, fire lane, or the property boundary of a property zoned residential. When used along a public or private street, the fence shall be screened from the street by an evergreen hedge which shall be of a size and spacing so as to provide a six-ft. high, dense screen within three years of the planting date.

All gates or door openings shall be equipped with an automatic closing and automatic latching device combined with a lock which must be locked when the facility is not in use. Doors of any occupied dwelling forming part of the enclosure need not be provided with the automatic locking and latching devices.

Except for stone fences as authorized by subsection 3.d.iv(3) of this section, fencing included in the front yard shall be used in an ornamental or symbolic way, rather than as a visual barrier.

Metal chain link fencing is prohibited except for:

Construction of new stone fences or maintenance of existing stone fences is encouraged.

The reviewing authority may impose a curfew on all, or part of, an open air parking lot’s lighting system, and may further impose the regulated system to be controlled by an automatic timer.

Proposals to illuminate an open air parking lot shall include a lighting plan. Lighting plans shall be prepared by a qualified professional specializing in illumination, and shall illustrate iso-illuminance circles expressed in foot-candles. Lighting plans shall be accompanied with all pertinent technical data for the proposed luminaires. The reviewing authority may require lighting plans to account for the influence of adjacent off-site lighting, reflection off vertical surfaces, window spill, shadow causing objects, and any other factors deemed relevant in evaluating the perceived level of illumination.

Illuminated signs.

Lighting in swimming pools and other water features governed by Article 680 of the National Electrical Code.

Building Code required exit signs.

Lighting specifically for stairs and ramps.

Temporary and seasonal lighting; provided, that individual lamps are ten watts or less.

Lighting required and regulated by the Federal Aviation Administration, U.S. Coast Guard, or other federal or state agency.

Flagpole, provided the lighting is a maximum of 150 watts per flagpole and is mounted within three ft. of the centerline of the base of the pole and aimed upwards.

The reviewing authority may allow site lighting systems to be installed, modified, or replaced that do not comply with subsection 3.b.iii of this section. Such lighting may include sports lighting systems (including but not limited to sport fields and stadiums, such as baseball field and football field lighting, tennis court lighting, and swimming pool area lighting), other very intense lighting defined as having a light source exceeding 200,000 lumens or an intensity in any direction of more than 2,000,000 candelas, construction lighting for public infrastructure and similar projects, emergency construction projects that require construction at night, bridges, building facade lighting to light portions of buildings over two stories high, and public monuments.

Street lighting installations shall achieve criterion values listed in Table 50.06.004-6.

Street lighting systems shall be designed using the IES "Classical" horizontal foot-candle method per IES/ANSI RP-8-01, and as follows:

Areas identified as RP (Resource Protection) on the Sensitive Lands Map.

If a pathway identified on the Transportation System Plan already exists on or abutting the site, or is to be dedicated or improved as part of the subdivision or major partition, a five-ft. buffer shall be provided along each side of the pathway, to a maximum of 20% of the gross site area. If the buffer area would exceed 20% of the gross site area, the buffer area shall be uniformly reduced along the pathway so that the buffer area is 20% of the gross site area.

Exception: The buffer width may be reduced to a lesser amount, up to zero, as designated by an adopted plan for the mapped pathway.

The area of the site contains resources identified as Class I or II Riparian Corridors/Wild-life Habitat that are not designated RP; provided, however, the maximum required area is 20% of the gross site area.

The area of the site contains resources meeting the criteria for Habitat Benefit Areas (HBA) and the applicant elects to use the code incentives in LOC § 50.05.010.7.

Removal of invasive plants (i.e., see the Lake Oswego Master Plant List).

Removal of litter.

Installation and maintenance of any soft surface trails (note: see LOC §§ 50.05.010.5.c.iii(5) and 50.05.010.6.c.ii(1)(e)(i)(C).

Irrigation and maintenance of trees and vegetation as necessary for their survival.

Planting of trees and vegetation necessary to maintain the functions and values of the natural resource, but primarily not for decorative landscaping purposes.

Repair of any natural waterway or wetland which is necessary to maintain the functions and values of any waterway or wetland resource within the natural area.

Installation of any signage that identifies or protects the natural resource, natural vegetation, and passive recreation facilities.

Removal of any hazardous trees, pursuant to LOC Article 55.02 (note: condition of approval may require tree to be converted to a wildlife tree).

Installation and maintenance of fencing that complies with the following:

Removal of invasive, hazardous or emergency trees, notwithstanding any recorded restriction limiting removal of vegetation; and removal of dead trees, except as otherwise restricted by LOC § 50.05.010, Sensitive Lands Overlay.

Any activities permitted in natural areas above.

Repair of any natural waterway or wetland which is necessary to maintain the functions and values of any waterway or wetland resource within the park.

Installation of any signage that identifies or protects the park facilities or vegetation.

Installation and maintenance of recreation facilities.

Where landslides have actually occurred, or where field investigation confirms the existence of a severe landslide hazard, development shall be prohibited except as provided in subsection 2.d.iii(2) of this section.

Exceptions. A licensed geotechnical engineer, registered civil engineer experienced in soils engineering, or licensed engineering geologist shall certify that methods of rendering a known hazard site safe for construction are feasible for a given site. The applicant shall establish that the proposed methods are adequate to prevent landslides or damage to property and safety. The granting authority may allow development in a known or confirmed landslide hazard area if specific findings are made that the specific provisions in the design of the proposed development will prevent landslides or damage. The granting authority may apply any conditions, including limits on type or intensity of land use, which it determines are necessary to assure that landslides or property damage will not occur.

Toes of cuts and fills shall be set back from boundaries of separate private ownerships at least three ft., plus one-fifth of the vertical height of the cut or fill. Where a variance is required from that requirement, slope easements shall be provided.

Cuts shall not remove the toe of any slope where a severe potential landslide or erosion hazard exists (as defined in this standard).

Any structural fill shall be designed by a registered engineer, in accordance with standard engineering practice; the engineer shall certify that the fill has been constructed as designed and in accordance with the provisions of LOC Chapter 45.

Retaining walls shall be constructed in accordance with the Oregon State Structural Specialty Code, as enacted on January 1, 2002, or as thereafter amended by the Oregon Building Codes Division.

No more than 65% of area in undisturbed slopes of 20% to 50% shall be graded or stripped of vegetation.

At least 70% of the site will remain free of structures or impervious surfaces.

Emergency access can be provided.

Design and construction of the project will not cause erosion or land slippage.

Grading, stripping of vegetation, and changes in terrain are the minimum necessary to construct the development.

No grading, clearing or excavation of any land shall be initiated prior to approval of the grading plan. The plan shall be approved by the City Manager as part of the development permit.

The developer shall be responsible for the proper execution of the approved grading plan.

Has a north-south dimension of 90 ft. or more; and

Has a front lot line that is oriented within 30° of a true east-west axis.

A protected solar building line for the lot is designated on the plat, or documents recorded with the plat; and

The protected solar building line for the lot is oriented within 30° of a true east-west axis; and

There is at least 70 ft. between the protected solar building line on the lot to the north and the middle of the north-south dimension of the lot to the south, measured along a line perpendicular to the protected solar building line; and

There is at least 45 ft. between the protected solar building line and the northern edge of the buildable area of the lot, or habitable structures are situated so that at least 80% of their south-facing wall will not be shaded by structures or solar-unfriendly vegetation.

Habitable structures built on the lot will have their long axis oriented within 30° of a true east-west axis and at least 80% of their ground floor south wall protected from shade by structures and solar-unfriendly trees; or

Habitable structures built on the lot will have at least 32% of their glazing and 500 sq. ft. of their roof area which faces within 30° of south and is protected from shade by structures and solar-unfriendly trees.

Existing structure(s) or solar-unfriendly trees; or

The maximum shade that can be cast from future buildings or solar-unfriendly trees, based on Table 50.06.007-3. If the lot(s) to the south can be further divided, then the north-south dimension shall be assumed to be the minimum lot width required for a new lot in that zone.