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Malheur County Unincorporated
City Zoning Code

CHAPTER 5

D DESIGN REVIEW OVERLAY ZONE

6-5-1: APPLICATION:

Site and building plans must be reviewed for all developments in all zones which have this overlay zone attached. In most cases there will be commercial and industrial zones. The D overlay zone may be attached to partitions, residential and resource zones because of their historic, scenic, cultural or other resource values, or as may be required to comply with provisions of this title or the comprehensive plan.
The criteria in this chapter shall be applicable to all conditional use applications in all zones, and by specific reference in a zone without first being applied as an overlay zone. Final action on applications which are filed in complete form shall be taken within one hundred twenty (120) days in accord with the provisions and exceptions of ORS 215.428. (Ord. 86, 12-7-1993)

6-5-2: SITE PLAN REQUIREMENTS:

A site plan, drawn to scale, and accompanying specifications shall include the following information, as appropriate. Transportation related requirements such as bicycle parking, pedestrian access and circulation are required only on developments in commercial, light industrial zones and within rural service centers. (Ord. 125, 6-20-2000)
   A.   Lots: Lot dimensions and setbacks.
   B.   Structures: Sizes and locations of all existing and proposed structures.
   C.   Use: Intended use of each structure.
   D.   Relationship: Relationship of the property to the surrounding area.
   E.   Designation: Designation of the property in the comprehensive plan.
   F.   Traffic Patterns: Proposed traffic patterns indicating access, type of streets or roads and status of road ownership.
   G.   Parking: Proposed parking areas.
   H.   Landscaping: Landscaping and watering system using common names for trees and plants proposed.
   I.   Water: Proposed method of water supply, sewage disposal, drainage and fire protection. (Ord. 86, 12-7-1993)
   J.   Bicycle Parking: For multi-family developments and new development in rural service center, commercial and light industrial zoning districts, the site plan shall include the number and type of bicycle parking facilities required in the bicycle parking standards, subsection 6-5-5I of this chapter. The location and design of bicycle parking facilities shall be indicated on the site plan.
   K.   Additional Requirements: For new development in the rural service center, commercial and light industrial zoning districts the following additional requirements shall apply:
      1.   Pedestrian Access And Circulation: Internal pedestrian circulation shall be provided in new commercial, office, and multi-family residential developments through the clustering of buildings, construction of hard surface walkways, landscaping, accessways, or similar techniques.
      2.   Commercial Development Standards: Where appropriate, new commercial retail shopping and office buildings shall be oriented to the street, near or at the setback line. A main entrance shall be oriented to the street. For lots with more than two (2) front yards, the building(s) shall be oriented to the two (2) busiest streets. Off street parking (industrial and commercial) shall be located at the side or behind the building(s).
      3.   Internal And External Connections: All site plans (industrial and commercial) shall clearly show how the site's internal pedestrian and bicycle facilities connect with external or planned facilities or systems.
   L.   Other: Other information that may be relevant for review to assure compliance with the purpose of this chapter. (Ord. 125, 6-20-2000)

6-5-3: TRAFFIC IMPACT ANALYSIS:

For proposed developments that are likely to generate more than four hundred (400) average daily motor vehicle trips (ADTs), the applicant may be requested to provide adequate information, such as a traffic impact study or traffic counts, to demonstrate the level of impact to the surrounding street system. The county may require the developer to mitigate impacts attributable to the project. The determination of impact or effect and the scope of the impact study should be coordinated with the provider of the affected transportation facility. (Ord. 125, 6-20-2000)

6-5-4: BUILDING PLAN REQUIREMENTS:

Plans drawn to scale which show the floor plan and building elevations shall include the following information:
   A.   Building dimensions in the plan and height.
   B.   Exterior building materials.
   C.   Exterior colors.
   D.   Location and design of proposed signs. (Ord. 86, 12-7-1993; amd. Ord. 125, 6-20-2000)

6-5-5: CONDITIONS OF APPROVAL:

Both permitted and conditional uses shall be subject to the provisions of this section. Before a use may be substantially changed, a new use added, an existing building substantially enlarged or altered, or a new building constructed, or a new sign design mounted, a site and structure development plan shall be submitted to the planning department for approval in accordance with the provisions of this chapter. Construction and development of the site shall be in substantial conformance to the approved plans. In approving a site development plan for a proposed use, consideration shall be given to: minimizing the impact of the proposed use on nearby property; the capacity of the streets and roads to carry the volume of traffic so that such capacity is not exceeded; and, the appearance of the use so that it is compatible with surrounding uses to the maximum extent practicable. Any of the following may be required as conditions of site plan approval: (Ord. 125, 6-20-2000)
   A.   An Increase In The Required Setbacks: Setbacks shall be adequate to the use proposed, but the requirements imposed by the planning director or commission 1 shall not be greater than double that required as minimum in the respective underlying zone except when abutting upon a resource or residential zone.
   B.   Additional Off Street Parking: Off street parking shall be adequate for the use provided, but requirements imposed by the planning director or commission 2 shall not exceed or go below the following:
 
R-2 zone
Not less than 1 space nor more than 3 spaces for each dwelling unit.
C-1 zone
1 space for each 200 square feet of gross floor area.
M-1 and M-2 zones
Not less than 1 space for each 2 employees on the largest shift, or more than 1 space for each employee on the largest shift.
 
   C.   Landscaping And Watering Systems: Increased landscaping with attendant watering system.
   D.   Screening: Screening of the proposed use by a fence or landscaping. If a fencing requirement is imposed, the fencing shall be site obscuring and shall not be required to be more than eight feet (8') in height. It need not enclose any buffer or setback area.
   E.   Architectural And/Or Color Coordination: Exterior building appearance, architectural and/or color coordination. The avoidance of large flat exterior walls and roofs with little or no overlay may be required. Variation in wall texture and exterior color is desirable and may be required. Because of the normal long life of a building, its appearance needs to be carefully considered so that it will be a long term contributor to the appearance and value of the community.
   F.   Limitations On Signs Or Lighting: Artificial lighting shall be shielded, deflected or reduced in intensity to avoid shining into adjoining dwellings and shall not create a hazard to the traveling public on any road or street.
   G.   Curb Cuts: Limitations on the number and location of curb cuts. The number and location of curb cuts, if provided, shall minimize traffic disruption, but in any case shall not exceed one curb cut per two hundred feet (200') of road or street frontage.
   H.   Fencing: Fencing to block the view to storage items or to provide privacy for neighboring property owners may be required. (Ord. 86, 12-7-1993; amd. Ord. 125, 6-20-2000)
   I.   Bicycle Parking; General Provisions:
      1.   Bicycle parking and storage provisions are intended to provide bicycle parking facilities to accommodate bicycle travel and encourage additional bicycle trips. Bicycle parking facilities shall be either lockable enclosures in which the bicycle is stored or stationary racks which accommodate bicyclist's locks securing the frame and both wheels. Bicycle racks or lockers shall be securely anchored to the surface or to a structure.
      2.   Bicycle parking shall be separated from motor vehicle parking and maneuvering areas by a barrier or sufficient distance to prevent damage to parked bicycles.
      3.   New multi-family, commercial or public facility construction that requires county review should bring the property into conformance with the bicycle parking standards. For building expansions, the additional required bicycle parking improvements shall be related to the expansion only.
      4.   Fractional numbers of spaces shall be rounded up to the next whole space. For facilities with multiple uses (such as commercial center), the bicycle parking requirements shall be calculated by using the total number of motor vehicle parking spaces for the entire development and may be clustered in one or several locations.
      5.   Bicycle parking shall have direct access to both the public right of way and to a main entrance of the principal use. Bicycle parking may also be provided inside a building in suitable, secure and accessible locations.
   J.   Bicycle Parking; Standards:
      1.   A minimum of two (2) bicycle parking spaces per use (1 sheltered and 1 unsheltered) shall be required.
      2.   The following special minimum standards shall be considered as supplemental requirements for the number of required bicycle parking spaces:
         a.   Multi-Family Residences: Every residential use of four (4) or more dwelling units shall provide at least one sheltered bicycle parking space for each unit. Sheltered bicycle parking spaces may be located within a garage, storage shed, basement, utility room or similar area. In those instances in which the residential complex has no garage or other easily accessible storage unit, the required bicycle parking spaces shall be sheltered under an eave, overhang, an independent structure, or similar cover.
         b.   Parking Lots: All new public and commercial parking lots shall provide a minimum of one bicycle parking space for every ten (10) motor vehicle parking spaces.
         c.   Rural Schools, Service Centers, And Industrial Parks: Rural schools, service centers, and industrial parks shall provide a minimum of one bicycle parking space for every ten (10) motor vehicle parking spaces. A minimum of two (2) bicycle parking spaces per use shall be required.
   K.   Pedestrian Walkway Connections In Multi-Family Developments: If applicable, a safe, convenient and direct pedestrian walkway shall connect all building entrances with pedestrian access to walkways, sidewalks, multiuse paths, alleyways, or any other pedestrian connection in order to accommodate access to neighborhood activity centers (schools, parks, shopping areas, etc.). Safe and convenient routes are those that are:
      1.   Reasonably free from hazards, and
      2.   Provide a reasonably direct route of travel between destination, considering that the optimum travel distance is one-half (1/2) mile for pedestrians and three (3) miles for bicyclists.
   L.   Pedestrian Walkway Design Standards: Pedestrian walkways shall be at least five feet (5') of impervious surface in width, except walkways bordering parking spaces which shall be at least seven feet (7') wide unless concrete bumpers, bollards or curbing and landscaping or other similar improvements are provided which prevent parked vehicles from obstructing the walkway.
   M.   Exceptions To Pedestrian Walkway Standards: A required walkway or walkway connection need not be provided where an alternate route of travel is reasonably direct. A reasonably direct route is one that does not deviate unnecessarily from a straight line or a route that does not involve a significant amount of out of direction travel for likely users. (Ord. 125, 6-20-2000)

6-5-6: PROCEDURES FOR APPROVAL:

   A.   Approval By Planning Director: The planning director or his designate is authorized to approve minor site improvements and small scale alterations and structures that have an approximate construction cost of less than fifty thousand dollars ($50,000.00). Except as above provided, all site development plans must be approved by the planning commission.
   B.   Approval By Planning Commission: The applicant may propose more restrictive standards than those set forth herein, and these shall become part of the approved site development plan. At a minimum, in approving the site development plan, the planning commission shall apply the standards of section 6-5-4 of this chapter. (Ord. 86, 12-7-1993; amd. Ord. 125, 6-20-2000)