A.   R-1 Low Density Residential: The low density residential zone is intended to provide for larger more secluded homesites. Minimum dwelling dimensions apply. A maximum of four (4) units per acre is permitted.

B.   R-2 Medium Density Residential: The medium density residential zone is intended to provide a greater range of housing types and densities than the R-1 zone, while maintaining the general character of a single-family residential neighborhood. Densities up to sixteen (16) units per acre are permitted.

C.   R-3 High Density Residential: The high density residential zone is intended to provide the widest range of housing alternatives including manufactured home parks and multi-family housing. The development options of this zone provide the most affordable housing to the widest range of residents. A maximum density of twenty six (26) units per acre is permitted.

D.   R-M Residential Mixed Use: The residential mixed use zone is intended to provide a wide range of housing options including townhouse and condominium developments. The zone allows a limited amount of office and business uses along arterial and collector streets to transition between residential and business uses. A maximum density of twenty six (26) units per acre is permitted. (Ord. 947, 5-12-2008)

E.   MSR Main Street Residential: The Main Street residential district is intended to preserve the residential feel of the district while allowing small scale businesses that are compatible with the existing residential uses.

F.   DB Downtown Business: The downtown business district is the place for people to gather and promote commercial activity. Improved pedestrian access and streetscape through the downtown will improve the district's image. Elements of design and appropriate mixed use development will enhance this goal. (Ord. 925, 6-13-2005; amd. Ord. 947, 5-12-2008)

G.   C-1 Retail And Service Commercial: The retail and service commercial zone provides for general retail and light service commercial uses such as hair care salons, restaurants, and supermarkets.

H.   C-2 General Commercial: The general commercial zone provides for commercial service such as auto repair and building supply outlets which involve more outside storage and heavier traffic than C-1 uses.

I.   I-M Industrial-Manufacturing: The industrial-manufacturing zone provides for the full range of production, fabrication and processing uses which form the industrial base of the economy. (Ord. 947, 5-12-2008)

J.   BP Business Park: The business park zone is established to provide for economic development opportunities in an orderly and aesthetically pleasing manner. Development within the business park zone will meet the following objectives:

1.   Create an attractive business environment;

2.   Enhance the appearance at the gateway to the city;

3.   Provide a mix of land uses that offer a variety of services; corporate and business offices, light industrial facilities, and supportive commercial services;

4.   Promote sound economic development. (Ord. 928, 6-27-2005; amd. Ord. 947, 5-12-2008)

K.   PL Public Lands: The public lands zone provides for the full range of structures, services, and land uses provided by public agencies on publicly owned land. Due to the diversity of land types and uses included in this designation, the site plan review process is used to determine yard and lot standards. Public uses are required to meet all parking, vehicle maneuvering, landscaping, and other development standards of this title. (Ord. 947, 5-12-2008)

L.   CO Civic Overlay: The civic overlay district contains special uses to emphasize the city's desire to concentrate civic facilities in the heart of the downtown. This chapter lists those uses allowable in the civic overlay district. The development standards in section 10-4-6, "DB Downtown Business", of this chapter shall apply to all development in the civic overlay district. (Ord. 925, 6-13-2005; amd. Ord. 947, 5-12-2008)

A.   Permitted Uses: The following outright uses are permitted in accordance with level I application procedures:

1.   The manufactured home shall be multisectional and enclose a space of not less than one thousand four hundred (1,400) square feet.

2.   Installation of all manufactured homes shall be in accordance with the most recent Oregon manufactured dwelling standard.

3.   The manufactured home shall be attached and anchored to a foundation approved by the Oregon state building codes agency and/or any other state or federal regulations.

4.   The manufactured home shall have an approved support system with skirting enclosing the entire perimeter of the home.

5.   Skirting and backup framing shall be of weather resistant, noncombustible or self-extinguishing materials which blend with the exterior siding of the home, and which are aesthetically compatible with homes in the surrounding area.

6.   The manufactured home shall have a pitched roof, except that no standard shall require a slope of greater than a nominal three feet (3') in height for each twelve feet (12') in width.

7.   The manufactured home shall have exterior siding and roofing which in color, material, and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the planning department.

8.   The manufactured home shall be certified by the manufacturer to meet HUD manufactured housing standards.

9.   An attached or detached garage constructed of like materials shall be required pursuant to subsection G of this section.

B.   Conditional Uses: The following conditional uses are permitted in accordance with level III application procedures:

C.   Minimum Lot Dimensions:

1.   Single-family dwelling: Ten thousand (10,000) square feet.

2.   Minimum street frontage: Fifty feet (50').

3.   Minimum lot depth: Eighty feet (80').

4.   Dimensions for uses other than those listed in subsection C1 of this section are as follows:

a.   Church: Ten thousand (10,000) square feet.

b.   Community center: Ten thousand (10,000) square feet.

D.   Minimum Yard Requirements: For residential uses:

1.   Interior lots:

a.   Front yard: Twenty two feet (22').

b.   Side yard: Twelve feet (12') each side.

c.   Rear yard: Twenty two feet (22').

2.   Corner lots:

a.   Front yard: Twenty two feet (22'). "Front yard" is defined as that side of the property which faces a street and contains the main entrance to the structure.

b.   Side yards: Twelve feet (12'). If garage, carport, or driveway is located on the property's street facing side yard, the minimum setback is twenty two feet (22'). If the garage, carport, or driveway is not located on the property's street facing side yard, the minimum setback is twelve feet (12'). (City planner may modify strict application of this standard based on actual proposed location of garage or carport in relation to streets.)

c.   Rear yard: Twenty two feet (22').

3.   Yards for uses other than those listed above are as follows:

E.   Lot Coverage: Buildings shall occupy a maximum of fifty percent (50%) of the lot.

F.   Building Height: No buildings shall exceed twenty eight feet (28').

G.   Additional Standards: All dwellings constructed or located in the R-1 zone shall be required to meet the following standards:

1.   Have a living area of not less than one thousand four hundred (1,400) square feet for single-story residences, and one thousand eight hundred (1,800) square feet for multi-story residences.

2.   Construct an enclosed garage of not less than four hundred (400) square feet.

3.   All building elevations visible from the front street facing side of the home shall provide a combination of doors, porches, balconies and/or windows. A minimum of thirty percent (30%) of the total front wall area facing the street shall meet this standard. For corner lots, a minimum of fifteen percent (15%) of the total wall area of the secondary wall shall meet this standard. The dwelling shall also utilize at least six (6) of the following design features to provide visual relief along the front, street facing side of the home:

a.   Dormers.

b.   Gables.

c.   Recessed entries.

d.   Covered porch entries.

e.   Cupolas.

f.   Pillars or posts.

g.   Bay or bow windows.

h.   Eaves (minimum of 6 inch projection).

i.   A roof pitch of six feet (6') or higher in height for each twelve feet (12') in width.

j.   Offsets on building face (minimum 16 inches).

k.   Decks and railings.

l.   Decorative bricks, stones, rock, or other distinct pattern in surface.

m.   Window shutters or trim (4 inch minimum trim) (must be on all windows on the street facing side).

n.   An alternative feature providing visual relief, similar to subsections G3a through G3m of this section.

A.   Permitted Uses: The following outright uses are permitted in accordance with level I application procedures:

1.   The manufactured home shall be multisectional and enclose a space of not less than one thousand (1,000) square feet.

2.   Installation of all manufactured homes shall be in accordance with the most recent Oregon manufactured dwelling standard.

3.   The manufactured home shall be attached and anchored to a foundation approved by the Oregon state building codes agency and/or any other state or federal regulations.

4.   The manufactured home shall have an approved support system with skirting enclosing the entire perimeter of the home.

5.   Skirting and backup framing shall be of weather resistant, noncombustible or self-extinguishing materials which blend with the exterior siding of the home and which are aesthetically compatible with homes in the surrounding area.

6.   The manufactured home shall have a pitched roof, except that no standard shall require a slope of greater than a nominal three feet (3') in height for each twelve feet (12') in width.

7.   The manufactured home shall have exterior siding and roofing which in color, material, and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the planning department.

8.   The manufactured home shall be certified by the manufacturer to meet HUD manufactured housing standards.

9.   An attached or detached garage or carport constructed of like materials will be required if such a structure is consistent with the predominant construction of immediately surrounding dwellings.

B.   Conditional Uses:

1.   The following conditional uses are permitted in accordance with level III application procedures:

2.   Density bonus allowing up to eight (8) additional units per acre (attached or detached) in exchange for providing a minimum of four (4) of the following nine (9) standards:

a.   Additional landscaping of one hundred (100) square feet per unit.

b.   Covered parking.

c.   Transit facilities provided, such as a bus shelter.

d.   Plaza.

e.   Parks/recreational areas.

f.   Diversity of design of units.

g.   Limit number of total units allowed to be attached to twelve (12).

h.   Connectivity (sidewalks, paths, etc.) which connect with the existing sidewalk or street system, and which will result in reduced vehicle use.

i.   How well natural resources (streams, riparian areas, wetlands) are protected, integrated into the design of the development, defined as common area and made accessible.

C.   Minimum Lot Dimensions:

1.   Single-family dwelling: Seven thousand five hundred (7,500) square feet.

2.   Duplex: Ten thousand (10,000) square feet.

3.   Minimum frontage for subsections C1 and C2 of this section: Fifty feet (50').

4.   Minimum lot depth: Seventy feet (70').

5.   Dimensions for uses other than subsections C1 and C2 of this section are as follows:

a.   Boarding/rooming house: Nine thousand (9,000) square feet.

b.   Childcare facility: Nine thousand (9,000) square feet.

c.   Church: Ten thousand (10,000) square feet.

d.   Community center: Ten thousand (10,000) square feet.

e.   Multi-family dwelling: Two thousand seven hundred (2,700) square feet per unit.

D.   Minimum Yard Requirements: For single-family dwelling or duplex:

1.   Interior lots:

a.   Front yard: Twenty two feet (22').

b.   Side yard: Minimum of six feet (6') on any side, with both sides combining for a minimum of sixteen feet (16').

c.   Rear yard: Eighteen feet (18').

2.   Corner lots:

a.   Front yard: Twenty two feet (22'). "Front yard" is defined as that side of the property which faces a street and contains the main entrance to the structure.

b.   Side yards: Minimum of six feet (6') on interior side, with both sides combining for a minimum of sixteen feet (16'). If garage, carport or driveway is located on the property's street facing side yard, the minimum setback is twenty two feet (22'). If the garage, carport or driveway is not located on the property's street facing side yard, the minimum setback is ten feet (10'). (City planner may modify strict application of this standard based on actual proposed location of garage or carport in relation to streets.)

c.   Rear yard: Eighteen feet (18').

3.   Yards for uses other than those listed above are as follows:

E.   Lot Coverage: Buildings shall occupy a maximum of fifty percent (50%) of the lot.

F.   Building Height: No building shall exceed thirty five feet (35').

G.   Additional Standards:

1.   Single-family dwellings (site built, modular, and manufactured homes) to be constructed or located in an R-2 zoned lot created after September 13, 1999, shall be required to also construct a carport or garage. Single-family dwellings constructed on R-2 zoned lots existing as of September 13, 1999, shall only be required to provide two (2) off street parking spaces. All single-family dwellings shall be required to have the main entrance situated on that side of the structure which is closest to the front yard. All building elevations visible from the front street facing side of the home shall provide a combination of doors, porches, balconies and/or windows. A minimum of thirty percent (30%) of the total wall area facing the street shall meet this standard. For corner lots, a minimum of fifteen percent (15%) of the total wall area of the secondary wall shall meet this standard. The dwelling shall also utilize at least six (6) of the following design features to provide visual relief along the front, street facing side of the home:

a.   Dormers.

b.   Gables.

c.   Recessed entries.

d.   Covered porch entries.

e.   Cupolas.

f.   Pillars or posts.

g.   Bay or bow windows.

h.   Eaves (minimum of 6 inch projection).

i.   A roof pitch of six feet (6') or higher in height for each twelve feet (12') in width.

j.   Offsets on building face (minimum 16 inches).

k.   Decks and railings.

l.   Decorative bricks, stones, rock, or other distinct pattern in surface.

m.   Window shutters or trim (4 inch minimum trim) (must be on all windows on the street facing side).

n.   An alternative feature providing visual relief, similar to subsections G1a through G1m of this section.

2.   Subdivisions, planned unit developments and multi-family developments must be served by continuously improved streets which are built to city standards. (Ord. 873, 9-13-1999)

A.   Permitted Uses: The following outright uses are permitted in accordance with level I application procedures:

1.   The manufactured home shall be multisectional and enclose a space of not less than one thousand (1,000) square feet.

2.   Installation of all manufactured homes shall be in accordance with the most recent Oregon manufactured dwelling standard.

3.   The manufactured home shall be attached and anchored to a foundation approved by the Oregon state building codes agency and/or any other state or federal regulations.

4.   The manufactured home shall have an approved support system with skirting enclosing the entire perimeter of the home.

5.   Skirting and backup framing shall be of weather resistant, noncombustible or self-extinguishing materials which blend with the exterior siding of the home and which are aesthetically compatible with homes in the surrounding area.

6.   The manufactured home shall have a pitched roof, except that no standard shall require a slope of greater than a nominal three feet (3') in height for each twelve feet (12') in width.

7.   The manufactured home shall have exterior siding and roofing which in color, material, and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the planning department.

8.   The manufactured home shall be certified by the manufacturer to meet HUD manufactured housing standards.

B.   Permitted Uses With Site Plan Review: The following outright uses are permitted in accordance with level I application procedures and site plan review specified in chapter 8 of this title:

C.   Conditional Uses: The following conditional uses are permitted in accordance with level III application procedures:

D.   Minimum Lot Dimensions:

1.   Single-family dwelling: Five thousand (5,000) square feet.

2.   Duplex: Seven thousand five hundred (7,500) square feet.

3.   Minimum frontage for subsections D1 and D2 of this section: Fifty feet (50').

4.   Minimum lot depth: Seventy feet (70').

5.   Dimensions for uses other than those listed in subsections D1 and D2 of this section are as follows:

a.   Boarding/rooming house: Seven thousand (7,000) square feet.

b.   Childcare facility: Nine thousand (9,000) square feet.

c.   Church: Ten thousand (10,000) square feet.

d.   Community center: Ten thousand (10,000) square feet.

e.   Manufactured home park: Three thousand five hundred (3,500) square feet per manufactured home site.

f.   Multi-family dwelling: Six thousand (6,000) square feet for the first unit plus one thousand five hundred (1,500) square feet for each additional dwelling unit.

g.   Nursing home, residential care facility: Two thousand five hundred (2,500) square feet per bed or living unit.

E.   Minimum Yard Requirements: For single-family dwelling or duplex:

1.   Interior lots:

a.   Front yard: Twenty two feet (22').

b.   Side yard: Minimum of six feet (6') on any side with both side yards combining for a minimum of fourteen feet (14').

c.   Rear yard: Sixteen feet (16').

2.   Corner lots:

a.   Front yard: Twenty two feet (22'). "Front yard" is defined as that side of the property which faces a street and contains the main entrance to the structure.

b.   Side yards: Minimum of six feet (6') on interior side, with both sides combining for a minimum of sixteen feet (16'). If garage, carport or driveway is located on the property's street facing side yard, the minimum setback is twenty two feet (22'). If the garage, carport or driveway is not located on the property's street facing side yard, the minimum setback is ten feet (10'). (City planner may modify strict application of this standard based on actual proposed location of garage or carport in relation to streets.)

c.   Rear yard: Sixteen feet (16').

3.   Yards for uses other than those listed above are as follows:

F.   Lot Coverage: Buildings shall occupy a maximum of forty five percent (45%) of the lot. Total coverage including driveways and parking lots shall not exceed eighty percent (80%).

G.   Building Height: No building shall exceed thirty five feet (35').

H.   Additional Standards:

1.   Single-family dwellings (site built, modular, manufactured homes) shall be required to provide two (2) off street parking spaces. All single-family dwellings shall be required to have the main entrance situated on that side of the structure which is closest to the front yard. All building elevations visible from the front street facing side of the home shall provide a combination of doors, porches, balconies and/or windows. A minimum of thirty percent (30%) of the total wall area facing the street shall meet this standard. For corner lots, a minimum of fifteen percent (15%) of the total wall area of the secondary wall shall meet this standard. The dwelling shall also utilize at least six (6) of the following design features to provide visual relief along the front, street facing side of the home:

a.   Dormers.

b.   Gables.

c.   Recessed entries.

d.   Covered porch entries.

e.   Cupolas.

f.   Pillars or posts.

g.   Bay or bow windows.

h.   Eaves (minimum of 6 inch projection).

i.   A roof pitch of six feet (6') or higher in height for each twelve feet (12') in width.

j.   Offsets on building face (minimum 16 inches).

k.   Decks and railings.

l.   Decorative bricks, stones, rock, or other distinct pattern in the surface.

m.   Window shutters or trim (4 inch minimum trim) (must be on all windows on the street facing side).

n.   An alternative feature providing visual relief, similar to subsections H1a through H1m of this section.

A.   Permitted Uses: The following outright uses are permitted in accordance with level I application procedures:

B.   Permitted Uses With Site Plan Review: The following outright uses are permitted in accordance with a level I application and site plan review specified in chapter 8 of this title.

C.   Conditional Uses: The following conditional uses are permitted in accordance with level III application procedures:

D.   Prohibited Auto Oriented And Auto Dependent Uses: Auto oriented uses including drive-through facilities are not permitted in the MSR district (e.g., gas stations, vehicle repair/sales/services, drive-through uses). Auto dependent uses such as gas stations, car washes, and similar uses are also prohibited.

E.   Minimum Lot Area Dimensions:

1.   Single-family residential and duplex: Minimum six thousand (6,000) square feet for single-family residential and seven thousand five hundred (7,500) square feet for a duplex.

2.   Offices, churches, bed and breakfast: No minimum or maximum.

3.   Boarding/rooming house: Minimum seven thousand (7,000) square feet.

4.   Mixed use development: Minimum seven thousand (7,000) square feet.

F.   Minimum Lot Width/Length Dimensions:

1.   Single-family residential:

a.   Minimum width: Thirty foot (30') width at front property line.

b.   Maximum length: Three (3) times the lot width.

2.   Duplex:

a.   Minimum width: Sixty foot (60') width at front property line.

b.   Maximum length: Three (3) times the lot width.

3.   All other uses:

a.   Minimum width: Sixty foot (60') width at front property line.

b.   Maximum length: No maximum length.

G.   Yard Requirements:

1.   Front Setbacks For All Uses: A minimum setback of fifteen feet (15') is required, except that an unenclosed porch may be within eight feet (8'), as long as it does not encroach into a public utility easement. Garages shall be recessed behind the front building elevation by a minimum of four feet (4').

2.   Front Setback; Lot Located Between Existing Single-Family Residences: If the site is located between two (2) existing single-family residences, a front yard setback similar to that of the nearest single-family residence shall be used. "Similar" means the setback is within five feet (5') of the setback provided by the nearest single-family residence. For example, if the nearest existing single-family residence has a front yard setback of twenty feet (20'), then the new building shall have a front yard setback between fifteen feet (15') and twenty five feet (25'). In no case shall the setback be less than fifteen feet (15').

3.   Rear Setbacks For All Uses: A minimum rear yard setback shall be fifteen feet (15') for street access lots and six feet (6') for alley access lots (all structures).

4.   Side Yard Setbacks For All Uses: The minimum side yard setback shall be five feet (5') on interior side yards and ten feet (10') on corner side yards.

5.   Setback Exceptions: The following architectural features are allowed to encroach into the setback yards: eaves, chimneys, bay windows, overhangs, and similar architectural features may encroach into the setbacks by no more than three feet (3'). Porches, decks, and similar structures not exceeding thirty six inches (36") in height may encroach into setbacks by no more than six feet (6'). Walls and fences may be placed on property lines and shall comply with vision clearance standards.

6.   Garages And Carports: Garages and carports should be accessed from alleys if practicable. If accessed from the front, garages and carports should be recessed behind the front building elevation by four feet (4').

H.   Lot Coverage: Buildings shall occupy a maximum of fifty percent (50%) of the lot.

I.   Building Height Requirements:

1.   Maximum Height: Building heights shall be a maximum thirty five feet (35').

2.   Building Height Transition: To provide compatible building scale and privacy between developments, taller buildings shall "step down" to create a building height transition to adjacent single-story building(s).

a.   This applies to new and vertically expanded buildings within twenty feet (20') (as measured horizontally) of an existing single-story building with a height of twenty feet (20') or less.

b.   The building height transition standards are met when the height of the taller building does not exceed one foot (1') of height for every one foot (1') separating the two (2) buildings.

J.   Building Orientation Standards: The following standards are intended to orient buildings close to streets, to promote human scale development, slow traffic down, and encourage walking in the MSR district. Placing residences and other buildings close to the street also encourages security and safety by having more "eyes on the street".

1.   All buildings shall be oriented to the street. The building orientation standard is met when all of the following criteria are met:

a.   Compliance with the setback standards in subsection G of this section.

b.   All buildings shall have their primary entrance(s) oriented to the street.

c.   A direct walkway shall be provided between the building entrance and street right of way.

K.   Architectural Standards: These standards are intended to provide detailed, human scale design, while affording flexibility to a variety of building styles. Note: For consistency, the standards should apply to all buildings.

1.   Building Form: All buildings shall incorporate design features to preclude expanses of uninterrupted building surfaces. Buildings are required to have offsets or recess features at least every thirty feet (30') to prohibit expanses of blank building surfaces.

2.   Eyes On The Street: All building elevations visible from a street right of way shall provide doors, porches, balconies, and/or windows. A minimum of twenty five percent (25%) of front elevations and a minimum of twenty five percent (25%) of side and rear building elevations, that are visible from the street, shall meet this standard. As part of the compliance with this standard, a minimum of fifteen percent (15%) of the wall area of each elevation visible from the street shall contain windows or glass doors.

3.   Detailed Design: All buildings shall provide detailed design along all elevations visible from the street. Detailed designs shall be provided by using at least six (6) of the following architectural features on all elevations visible from the street, as appropriate for the proposed building type and style (may vary features on rear/side/front elevations):

a.   Dormers.

b.   Gables.

c.   Recessed entries.

d.   Covered porch entries.

e.   Cupolas or towers.

f.   Pillars or posts.

g.   Eaves (minimum 6 inch projection).

h.   Offsets on building face or roof (minimum 16 inches).

i.   Window trim (minimum 4 inches wide).

j.   Bay windows.

k.   Balconies.

l.   Decorative patterns on exterior finish (e.g., scales/shingles, wainscoting, ornamentation, or similar features).

m.   Decorative cornices and rooflines (e.g., for flat roofs).

n.   An alternative feature providing visual relief, similar to subsections K3a through K3m of this section.

L.   Access And Circulation: The intent of this section is to manage vehicle access to the development through a connected street system, while preserving the flow of traffic in terms of safety, roadway capacity, and efficiency. This section shall apply to all properties that abut a public street.

1.   Access Options: When vehicle access is required for the development, access shall be provided by one of the following methods (a minimum 10 feet per lane is required). These methods are "options" to the developer, unless one method is specifically required under special standards for certain uses.

a.   Option 1: Access from an existing or proposed alley or midblock lane.

b.   Option 2: Access from a private street or driveway connecting to an adjoining property that has direct access to a public street ("shared driveway"). A shared public access easement covering the driveway shall be recorded in this case to assure access to the closest public street for all users of the street/driveway.

c.   Option 3: Access from South Main if an access permit is approved by Oregon department of transportation.

d.   Option 4: Access from a public right of way other than South or North Main Street.

2.   Special Provisions: Direct street access may be restricted for some land uses. For example, access consolidation, shared access, and/or access separation greater than is required in the transportation system plan may be required by the city or Oregon department of transportation for the purpose of protecting the function, safety, and operation of the street for all users.

3.   Number Of Access Points: One street access per lot is allowed, except that two (2) access points may be allowed for corner lots.

4.   Driveway Openings: Driveway openings, or curb cuts, shall be the minimum width necessary to provide the required number of vehicle travel lanes (10 feet for each travel lane). The following standards are required to provide adequate site access, minimize surface water runoff, and avoid conflicts between vehicles and pedestrians:

a.   Single-family and duplex uses shall have a minimum driveway width of ten feet (10') and a maximum width of twenty four feet (24').

b.   Access widths of all other uses shall be based on ten feet (10') of width for every travel lane.

c.   Driveway aprons (when required) shall be constructed of concrete and installed between the right of way and the private drive. Driveway aprons shall conform to ADA standards for sidewalks and pathways, which require a continuous travel lane that is a minimum of three feet (3') in width, with a cross slope not exceeding two percent (2%).

5.   Construction: Driveways, parking areas, and turnarounds may be paved with asphalt, concrete, or comparable surface, or a durable nonpaving material may be used to reduce surface water runoff and protect water quality. When paved surfaces are used, all driveways, parking areas, and turnarounds shall have on site collection or infiltration of surface waters to eliminate sheet flow of such waters onto public rights of way and abutting property.

M.   Site Planning And General Building Design Guidelines: Original exterior materials and details (including doors and windows) are encouraged to be preserved.

N.   Landscaping And Screening: This section applies to all development. All developments containing significant vegetation as defined below shall comply with the standards of this section. The use of mature, native vegetation within the developments is a preferred alternative to removal of vegetation and replanting.

1.   Significant Vegetation: Individual trees with a trunk diameter ten inches (10") or greater, as measured four feet (4') above the ground (dbh), and all plants within the drip line of such trees and shrubs shall be protected.

a.   Protection Standards: Significant trees, as identified in subsection N1 of this section, shall be retained whenever practicable. Preservation may become impracticable when it would prevent reasonable development of public streets, utilities, or land use permitted by the applicable land use district.

b.   Construction: All areas of significant vegetation shall be protected prior to, during, and after construction.

c.   Exemptions: Vegetation that is dead or diseased or poses a hazard to personal safety, property, or health may be removed. The applicant shall provide a report from a certified arborist or other qualified professional.

2.   Landscape Area Standards: Twenty percent (20%) of the site area shall be landscaped.

3.   Landscape Materials:

a.   A combination of trees, shrubs, and ground covers shall be used for all planted areas, the selection of which shall be based on local climate, exposure, water availability, and drainage conditions. Nonnative invasive plants are prohibited.

b.   Hardscape features (i.e., patios, decks, plazas, etc.) may cover up to ten percent (10%) of the required landscape area.

c.   Trees shall be a minimum one and one-half inch (11/2") caliper at the time of planting.

d.   Landscaping shall define pedestrian pathways and open space.

e.   A combination of plants shall be used for year long color and interest.

f.   Landscaping shall be used to screen outdoor storage and mechanical equipment areas.

4.   Buffering And Screening:

a.   Where a parking or maneuvering area is adjacent and parallel to a street, a decorative wall (masonry or similar quality material), arcade, trellis, evergreen hedge, or similar screen shall be established parallel to the street. The required wall shall provide breaks, as necessary, to allow for access to the site and sidewalk by pedestrians via pathways. Evergreen hedges used to comply with this standard shall be a minimum of twenty four (24) and a maximum of thirty six inches (36") in height at maturity, and shall be of such species, number, and spacing to provide the required screening one year after planting.

5.   Street Trees: Street trees shall be planted for all development.

a.   Trees shall be selected based on growth characteristics and site conditions, including available space, overhead clearance, soil conditions, exposure, and desired color and appearance.

b.   All trees shall be a minimum one and one-half inch (11/2") caliper at the time of planting based on the American Association of Nurserymen Standards.

c.   Street trees shall be placed in planting strips and in sidewalk tree wells on streets without planting strips.

d.   Street tree spacing shall be based on the type of tree(s) selected. In general, trees shall be spaced approximately thirty feet (30') on center and no more than thirty feet (30') apart, except where planting a tree would conflict with existing trees, retaining walls, utilities, and similar physical barriers.

O.   Vehicle And Bicycle Parking: The purpose of this section is to provide basic and flexible standards for development of vehicle and bicycle parking. This section applies to all development. Parking shall be provided in accordance with the standards in chapter 6 of this title, and the following additional standards:

1.   Location Of Parking: Parking shall be located as follows:

a.   No parking shall be located between the building and public streets, not including alleys.

b.   No parking shall be located closer to a public street than a primary building on the property.

c.   These standards may be modified through a conditional use review. In such cases, the planning commission shall consider the buffering and screening provisions of this chapter, and may require buffering, screening, low walls, landscaping, or other measures to reduce the visual impact of parking areas.

2.   Maximum Parking Standard: The maximum parking standard shall be one hundred twenty percent (120%) of the minimum. This standard is intended to ensure that parking areas that are out of scale with the zone district are not permitted outright.

3.   Shared Parking: Required parking facilities for two (2) or more uses, structures, or parcels of land may be satisfied by the same parking facilities used jointly, to the extent that the owners or operators show that the need for parking facilities does not materially overlap (e.g., uses primarily of a daytime vs. nighttime nature), and provided that the right of joint use is evidenced by a deed, lease, contract, or similar written instrument establishing the joint use.

4.   Mixed Use: If more than one type of land use occupies a single structure or parcel of land, the total requirements for off street automobile parking shall be the sum of the requirements for all uses, unless it can be shown that the peak parking demands are actually less (i.e., the uses operate on different days or at different times of day). In that case, the total requirements shall be reduced accordingly.

P.   Special Standards For Certain Uses: Standards are provided for the following land uses to control the scale and compatibility of those uses in the MSR district. These are in addition to those listed in chapter 8 of this title. If any conflicts arise between this section and chapter 8 of this title, the more restrictive standard shall apply unless adjusted by the planning commission or city council.

1.   Accessory Dwellings (Attached, Separate Cottage, Or Above Detached Garage): The accessory dwelling shall comply with the following:

a.   Code Compliance: Oregon structural specialty code.

b.   Owner Occupied: The primary residence or accessory dwelling shall be owner occupied. Alternatively, the owner may appoint a family member as a resident caretaker of the principal house and manager of the accessory dwelling.

c.   One Unit: The maximum of one accessory dwelling unit is allowed per lot.

d.   Floor Area: The maximum floor area of the accessory dwelling shall not exceed six hundred (600) square feet.

e.   Building Height: The building height of detached accessory dwellings that are not above a garage or primary structure shall not exceed twenty five feet (25').

f.   Buffering: A minimum six foot (6') hedge or fence may be required to buffer a detached accessory dwelling from dwellings on adjacent lots, when buffering is necessary for the privacy and enjoyment of yard areas by either the occupants or adjacent residents.

g.   Parking: A minimum of one parking space shall be provided for each accessory dwelling.

h.   Additional Standards: The above standards are in addition to the minimum lot size required for accessory dwellings.

2.   Accessory Uses And Structures: Accessory uses and structures shall comply with the following:

a.   Primary Use Required: An accessory structure shall not be allowed without another permitted use.

b.   Restrictions: A structure shall not be placed over an easement that prohibits such placement. No structure shall encroach onto a public right of way.

c.   Floor Area: The maximum floor area of the accessory structure shall not exceed six hundred feet (600').

d.   Building Height: The building height of detached accessory dwellings shall not exceed twenty five feet (25').

e.   Buffering: A minimum six foot (6') hedge or fence shall be required to buffer an accessory structure from dwellings on adjacent lots, unless a similar screen is provided or the distance to adjacent dwellings is greater than one hundred feet (100'). (Ord. 925, 6-13-2005)

A.   Permitted Uses: The following outright uses are permitted in accordance with level I application procedures:

B.   Site Plan Review: The following outright uses are permitted in accordance with a level I application and site plan review specified in chapter 8 of this title.

C.   Conditional Uses: The following conditional uses are permitted in accordance with level III application procedures:

D.   Prohibited Auto Oriented And Auto Dependent Uses: Auto oriented uses including drive-through facilities are not permitted in the DB district (e.g., gas stations, vehicle repair/sales/service, drive-through uses). Auto dependent uses such as gas stations, car washes, and similar uses are also prohibited. Drive-through facilities for banks are not subject to this prohibition; they are permitted. Drive-through facilities for banks shall be located to the side or rear of the building and accessed from side streets.

E.   Minimum Lot Dimensions: No minimum lot dimensions are required. Lot dimensions may be established during site plan review.

F.   Minimum Yard Requirements: The following yard requirements are the base standards and may be modified during site plan review.

1.   Front Yard Setback: There is no minimum front yard setback requirement.

2.   Rear Yard Setback: The minimum rear yard setback for all structures shall be zero feet (0') for street access lots and six feet (6') for alley access lots.

3.   Side Yard Setbacks: There is no minimum side yard setback required.

4.   Setback Exceptions: Eaves, chimneys, bay windows, overhangs, cornices, awnings, canopies, porches, decks, pergolas, and similar architectural features may encroach into setbacks by no more than six feet (6'), subject to compliance with applicable standards of the uniform building code and uniform fire code.

G.   Lot Coverage: No lot coverage dimensions are required except compliance with other sections of this title, including site plan review, may preclude one hundred percent (100%) coverage.

H.   Height Requirements: Building shall be no more than forty five feet (45') in height.

I.   Building Orientation Standards: The following standards are intended to orient buildings close to streets to promote human scale development, slow traffic down, and encourage walking in the DB district. Placing buildings close to the street also encourages security and safety by having more "eyes on the street".

1.   Compliance with the setback standards in subsection F of this section.

2.   All buildings shall have their primary entrance(s) oriented to the street.

3.   A direct walkway not exceeding fifteen feet (15') shall be provided between the building entrance and street right of way.

4.   Off street parking, drives, and other vehicle areas shall not be placed between buildings and streets.

J.   Architectural Guidelines And Standards: These standards apply to townhomes, duplex and triplex developments, multi-family housing, public and institutional buildings, commercial, and mixed use buildings. They are intended to provide detailed, human scale design.

1.   Detailed Storefront Design: All buildings shall contribute to the storefront character and visual relatedness of Main Street buildings.

a.   Corner building entrances on corner lots are encouraged.

b.   Regularly spaced and similar shaped windows are encouraged, consistent with the historic character.

c.   Large display windows on ground floors shall be provided (nonresidential uses only).

d.   Decorative cornices at the top of buildings (flat roof), or eaves with a pitched roof, are required.

2.   Design Of Large Scale Buildings And Developments: The standards below shall apply to "large scale buildings and development" as defined in subsections J2a and J2b of this section:

a.   Buildings with greater than twenty thousand (20,000) square feet of enclosed ground floor space. Multi-tenant buildings shall be counted as the sum of all tenant spaces within the same building shell; and

b.   Multiple-building developments with a combined ground floor space (enclosed) greater than forty thousand (40,000) square feet.

c.   All large scale buildings and development, as defined in subsections J2a and J2b of this section, shall provide human scale design by conforming to all of the following criteria:

(1)   Incorporate changes in building direction (articulation), and divide large masses into varying heights and sizes. Such changes may include building offsets; projections; changes in elevation or horizontal direction; sheltering roofs; terraces; a distinct pattern of divisions in surface materials; and use of windows, screening trees; and small scale lighting.

(2)   Every building elevation adjacent to a street with a horizontal dimension of fifty feet (50'), as measured from end wall to end wall, shall have a building entrance, except that building elevations that are unable to provide an entrance due to the internal function of the building space (i.e., mechanical equipment, area where the public or employees are not received, etc.) may not be required to meet this standard. Pathways shall connect all entrances to the street right of way.

K.   Pedestrian And Transit Amenities: This section is intended to complement the building orientation standards and street standards by providing comfortable and inviting pedestrian spaces within the downtown. Pedestrian amenities serve as informal gathering places for socializing, resting, and enjoyment of the downtown, and contribute to a walkable district. This section applies to three (3) or more attached townhomes on their own lots, duplexes and triplexes, multi-family housing, public and institutional buildings, commercial, and mixed use buildings.

1.   Guidelines: Each development shall provide one or more of the following:

a.   A plaza, courtyard, street furniture, square or extra wide sidewalk next to the building entrance.

b.   Sitting space (i.e., dining area, benches or ledges between the building entrance, and sidewalk [a minimum of 16 inches in height and 30 inches in width]).

c.   Building canopy, awning, pergola, or similar weather protection (minimum projection of 4 feet over a sidewalk or other pedestrian space).

d.   Public art which incorporates seating (e.g., fountain, sculpture, etc.).

L.   Special Standards For Certain Uses: This section contains standards to control the scale and compatibility of those uses within the DB district. These are in addition to those listed in chapter 8 of this title. If any conflicts arise between this section and chapter 8 of this title, the more restrictive standard shall apply unless adjusted by the planning commission or city council.

1.   Residential Uses:

a.   Permitted When: Residential uses shall be permitted only when part of a mixed use development.

b.   Limitation On Street Level Housing: No more than fifty percent (50%) of a single street frontage may be occupied by residential uses. This standard is intended to reserve storefront space for commercial uses and public uses; it does not limit residential uses above the street level on upper stories.

c.   Density: There is no minimum or maximum density standard.

d.   Parking, Garages, And Driveways: Parking shall be oriented to alleys, placed in aboveground floors, or located to the side or behind buildings.

e.   Creation Of Alleys: When a subdivision is proposed, a public or private alley shall be created for the purpose of vehicle access. Alleys are not required when existing development patterns or topography make construction of an alley impracticable.

f.   Common Areas: All common areas (e.g., walkways, drives, courtyards, private alleys, parking courts, etc.) and building exteriors shall be maintained by a homeowners' association or other legal entity. Copies of any applicable covenants, restrictions, and conditions shall be recorded and provided to the city prior to building permit approval.

M.   Accessory Uses And Structures: Accessory uses and structures are of a nature customarily incidental and subordinate to the principal use or structure on the same lot. Typical accessory uses in a downtown include small workshops, greenhouses, studios, storage sheds, and similar structures. Accessory structures shall comply with the following:

1.   Primary Use Required: An accessory structure shall not be allowed before or without a primary use.

2.   Setback Standards: Accessory structures shall comply with required setback standards.

3.   Design Guidelines: Accessory structures shall comply with the design guidelines as provided in this chapter.

4.   Restrictions: A structure shall not be placed over an easement that prohibits such placement and shall not encroach into the public right of way.

N.   Access And Circulation: The intent of this section is to manage vehicle access to the development through a connected street system, while preserving the flow of traffic in terms of safety, roadway capacity, and efficiency. This section shall apply to all properties that abut a public street.

1.   Access Options: When vehicle access is required for development, access shall be provided by one of the following methods (a minimum 10 feet per lane is required). These methods are "options" to the developer, unless one method is specifically required under special standards for certain uses.

a.   Option 1: Access from an existing or proposed alley or midblock lane.

b.   Option 2: Access from a private street or driveway connecting to an adjoining property that has direct access to a public street ("shared driveway"). A shared public access easement covering the driveway shall be recorded in this case to assure access to the closest public street for all users of the street/driveway.

c.   Option 3: Access from South Main if an access permit is approved by Oregon department of transportation.

d.   Option 4: Access from a public right of way other than South or North Main Street.

2.   Special Provisions: Direct street access may be restricted for some land uses. For example, access consolidation, shared access, and/or access separation greater than is required in the transportation system plan may be required by the city or Oregon department of transportation for the purpose of protecting the function, safety and operation of the street for all users.

3.   Number Of Access Points: One street access per lot is allowed, except that two (2) access points may be allowed for corner lots.

4.   Access Spacing: Access spacing requirements shall follow the recommendations outlined in the most current transportation system plan.

5.   Driveway Openings: Driveway openings, or curb cuts, shall be the minimum width necessary to provide the required number of vehicle travel lanes (10 feet for each travel lane). The following standards are required to provide adequate site access, minimize surface water runoff, and avoid conflicts between vehicles and pedestrians:

a.   Single-family and duplex uses shall have a minimum driveway width of ten feet (10') and a maximum width of twenty four feet (24').

b.   Multiple-family uses with between four (4) and seven (7) dwelling uses shall have a minimum driveway width of twenty feet (20') and a maximum width of twenty four feet (24').

c.   Multiple-family uses with eight (8) or more dwelling units and off street parking areas with sixteen (16) or more spaces shall have a minimum driveway width of twenty four feet (24') and a maximum width of thirty feet (30').

d.   Access widths of all other uses shall be based on ten feet (10') of width for every travel lane.

e.   Driveway aprons (when required) shall be constructed of concrete and installed between the right of way and the private drive. Driveway aprons shall conform to ADA standards for sidewalks and pathways, which require a continuous travel lane that is a minimum of three feet (3') in width, with a cross slope not exceeding two percent (2%).

6.   Construction Driveways, Parking Areas, And Turnarounds: Construction driveways, parking areas, and turnarounds may be paved with asphalt, concrete, or comparable surface, or a durable nonpaving material may be used to reduce surface water runoff and protect water quality. When paved surfaces are used, all driveways, parking areas, and turnarounds shall have on site collection or infiltration of surface waters to eliminate sheet flow of such waters onto public rights of way and abutting property.

O.   Site Planning And General Building Design Standards: So far as practicable, all original exterior materials and details (including doors and windows) should be preserved.

P.   Landscaping And Screening: This section applies to all development. All developments containing significant vegetation as defined below shall comply with the standards of this section. The use of mature, native vegetation within developments is a preferred alternative to removal of vegetation and replanting.

1.   Significant Vegetation: Individual trees with a trunk diameter ten inches (10") or greater, as measured four feet (4') above the ground (dbh), and all plants within the drip line of such trees and shrubs shall be protected.

a.   Protection Standards: Significant trees, as identified in subsection P1 of this section, shall be retained whenever practicable. Preservation may become impracticable when it would prevent reasonable development of public streets, utilities, or land use permitted by the applicable land use district.

b.   Construction: All areas of significant vegetation shall be protected prior to, during, and after construction.

c.   Exemptions: Vegetation that is dead or diseased or poses a hazard to personal safety, property, or health may be removed. The applicant shall provide a report from a certified arborist or other qualified professional.

2.   Landscape Area Standards: There is no minimum landscaping requirement. Landscaping shall be addressed in the site plan review process.

3.   Landscape Materials:

a.   A combination of trees, shrubs, and ground covers shall be used for all planted areas, the selection of which shall be based on local climate, exposure, water availability, and drainage conditions. Nonnative invasive plants are prohibited.

b.   Hardscape features (i.e., patios, decks, plazas, etc.) may cover up to ten percent (10%) of the required landscape area.

c.   Trees shall be a minimum one and one-half inch (11/2") caliper at the time of planting.

d.   Landscaping shall define pedestrian pathways and open space.

e.   A combination of plants shall be used for year long color and interest.

f.   Landscaping shall be used to screen outdoor storage and mechanical equipment areas.

4.   Buffering And Screening:

a.   Where a parking or maneuvering area is adjacent and parallel to a street, a decorative wall (masonry or similar quality material), arcade, trellis, evergreen hedge, or similar screen shall be established parallel to the street. The required wall shall provide breaks, as necessary, to allow for access to the site and sidewalk by pedestrians via pathways. Evergreen hedges used to comply with this standard shall be a minimum of twenty four inches (24") and a maximum of thirty six inches (36") in height at maturity, and shall be of such species, number, and spacing to provide the required screening one year after planting.

5.   Street Trees: Street trees shall be planted for all development.

a.   Trees shall be selected based on growth characteristics and site conditions, including available space, overhead clearance, soil conditions, exposure, and desired color and appearance.

b.   All trees shall be a minimum one and one-half inch (11/2") caliper at the time of planting based on the American Association of Nurserymen Standards.

c.   Street trees shall be placed in planting strips and in sidewalk tree wells on streets without planting strips.

d.   Street tree spacing shall be based on the type of tree(s) selected. In general, trees shall be spaced no more than thirty feet (30') apart, except where planting a tree would conflict with existing trees, retaining walls, utilities, and similar physical barriers.

Q.   Vehicle And Bicycle Parking: The purpose of this section is to provide basic and flexible standards for development of vehicle and bicycle parking. This section applies to all development. Parking shall be provided in accordance with the standards in chapter 6 of this title and the following additional standards:

1.   Location Of Parking: Parking shall be located as follows:

a.   No parking shall be located between the building and public streets, not including alleys.

b.   No parking shall be located closer to a public street than the primary building on the property.

c.   These standards may be modified through a conditional use review. In such cases, the planning commission shall consider the buffering and screening provisions of this chapter, and may require buffering, screening, low walls, landscaping, or other measures to reduce the visual impact of parking areas.

2.   Maximum Parking: The maximum parking standard shall be one hundred twenty percent (120%) of the minimum. This standard is intended to ensure that parking areas that are out of scale with the zone district are not permitted outright.

3.   Shared Parking: Required parking facilities for two (2) or more uses, structures, or parcels of land may be satisfied by the same parking facilities used jointly, to the extent that the owners or operators show that the need for parking facilities does not materially overlap (e.g., uses primarily of a daytime vs. nighttime nature), and provided that the right of joint use is evidenced by a deed, lease, contract, or similar written instrument establishing the joint use.

4.   Mixed Use: If more than one type of land use occupies a single structure or parcel of land, the total requirements for off street automobile parking shall be the sum of the requirements for all uses, unless it can be shown that the peak parking demands are actually less (i.e., the uses operate on different days or at different times of day). In that case, the total requirements shall be reduced accordingly. (Ord. 925, 6-13-2005)

A.   Permitted Uses: The following outright uses are permitted in accordance with level I application procedures:

B.   Permitted Uses With Site Plan Approval: The following outright uses are permitted in accordance with level I application procedures and site plan review specified in chapter 8 of this title:

1.   The dwelling is located in commercial districts of Milton-Freewater and occupies space in a structure housing a permitted business;

2.   The units are located either in the upper story or rear of the structure that is designed and used for a permitted commercial business;

3.   No more than one apartment unit shall be constructed within buildings one story in height. First story apartment units existing as of the date of March 9, 1998, shall be limited to owner/operator occupancy only;

4.   The primary access shall be via a collector or arterial street that is improved to city standards prior to occupancy of any unit, unless approved by the planning department;

5.   Public facilities and services are available to the site and are deemed adequate by the city to meet the requirements of this use. Any extension or over sizing of sewer/water and/or stormwater to serve the development shall be totally at the expense of the developer and consistent with applicable city policies and ordinances;

6.   Off street parking shall be reviewed by the planning department on a case by case basis.

C.   Conditional Uses: The following conditional uses are permitted in accordance with level III application procedures:

1.   Conformance with the goals and policies of the comprehensive plan and the standards and policies of the zone.

2.   Compatibility of the conditional use with the surrounding area or neighborhood in terms of lot size, building height, or bulk, traffic circulation, parking, provision of signs, buffering, screening, landscaping, open space, control of smoke glare, noise or hours of operation. (Ord. 667, 9-24-1984; amd. Ord. 764, 5-26-1992; Ord. 788, 2-14-1994; Ord. 925, 6-13-2005)

D.   Minimum Lot Dimensions:

1.   When dividing land to be allocated to existing residential structures, the minimum lot shall be:

a.   Single-family dwelling: Six thousand (6,000) square feet.

b.   Duplex: Seven thousand five hundred (7,500) square feet.

c.   Boarding/rooming house: Nine thousand (9,000) square feet.

2.   When dividing land to be allocated to existing commercial structures, or for development of a new commercial use, the minimum lot shall be determined by:

a.   Submittal of a site plan as specified in chapter 8 of this title, which proposes use for the property.

b.   Parking requirements, access standards and other applicable provisions of this title shall be utilized to determine the size of parcel necessary to accommodate the proposed use.

c.   Land in the C-1 zone shall not be available for the land partition or subdivision process without an approved site plan as specified in subsections D2a and D2b of this section. (Ord. 667, 9-24-1984; amd. Ord. 925, 6-13-2005)

E.   Minimum Yard Requirements: For existing single-family, duplex, or boarding/rooming house which is being divided from a larger parcel.

1.   Interior lots:

a.   Front yard: Twenty two feet (22'). (Ord. 745, 1-22-1990; amd. Ord. 925, 6-13-2005)

b.   Side yard: Minimum of six feet (6') on any side, with both side yards combining for a minimum of fourteen feet (14').

c.   Rear yard: Sixteen feet (16'). (Ord. 873, 9-13-1999; amd. Ord. 925, 6-13-2005)

2.   Corner lots:

a.   Front yard: Twenty two feet (22'). "Front yard" is defined as that side of the property which faces a street and contains the main entrance to the structure. (Ord. 764, 5-26-1992; amd. Ord. 925, 6-13-2005)

b.   Side yards: Minimum of six feet (6') on interior side, with both sides combining for a minimum of fourteen feet (14'). If garage, carport, or driveway is located on the property's street facing side yard, the minimum setback is twenty two feet (22'). If the garage, carport, or driveway is not located on the property's street facing side yard, the minimum setback is ten feet (10'). (Planning director may modify strict application of this standard based on actual proposed location of garage or carport in relation to streets.)

c.   Rear yard: Sixteen feet (16'). (Ord. 873, 9-13-1999; amd. Ord. 925, 6-13-2005)

3.   Setbacks for commercial uses shall be determined by the site plan review process specified in subsection D2 of this section. (Ord. 745, 1-22-1990; amd. Ord. 925, 6-13-2005)

F.   Lot Coverage: Residential structures shall occupy a maximum of fifty percent (50%) of their lots, with total coverage including driveways not to exceed seventy five percent (75%). Coverage for commercial structures shall be determined by the site plan review process specified in subsection D2 of this section.

G.   Building Height: Buildings in a C-1 zone within one hundred fifty feet (150') of a residential zone shall not exceed thirty five feet (35'). Commercial buildings in a C-1 zone in excess of one hundred fifty feet (150') of a residential zone shall not exceed forty five feet (45'). (Ord. 667, 9-24-1984; amd. Ord. 925, 6-13-2005)

H.   Additional Standards: All single-family dwellings shall be required to have the main entrance situated on that side of the structure which is closest to the front yard. (Ord. 873, 9-13-1999; amd. Ord. 925, 6-13-2005)

A.   Permitted Uses: The following outright uses are permitted in accordance with level I application procedures:

B.   Permitted Uses With Site Plan Review: The following outright uses are permitted in accordance with level I application procedures and site plan review specified in chapter 8 of this title:

1.   The dwelling is located in the commercial districts of Milton-Freewater and occupies space in a structure housing a permitted business.

2.   The units are located either in the upper story or rear of the structure that is designed and used for a permitted commercial business.

3.   No more than one apartment unit shall be constructed within buildings one story in height. First story apartment units existing as of March 9, 1998, shall be limited to owner/operator occupancy only.

4.   The primary access shall be via a collector or arterial street that is improved or will be improved to city standards prior to occupancy of any unit, unless approved by the planning department.

5.   Public facilities and services are available to the site and are deemed adequate by the city to meet the requirements of this use. Any extension or oversizing of sewer/water and/or stormwater to serve the development shall be totally at the expense of the developer and consistent with applicable city policies and ordinances.

6.   Off street parking shall be reviewed by the planning department on a case by case basis.

C.   Conditional Uses: The following conditional uses are permitted in accordance with level III application procedures:

1.   Conformance with the goals and policies of the comprehensive plan and the standards and policies of the zone.

2.   Compatibility of the conditional use with the surrounding area or neighborhood in terms of lot size, building height, or bulk, traffic circulation, parking, provision of signs, buffering, screening, landscaping, open space, control of smoke, glare, noise or hours of operation. (Ord. 667, 9-24-1984; amd. Ord. 764, 5-26-1992; Ord. 925, 6-13-2005)

D.   Minimum Lot Dimensions:

1.   When dividing land to be allocated to existing residential structures, the minimum lot shall be:

a.   Single-family dwelling: Six thousand (6,000) square feet.

b.   Duplex: Seven thousand five hundred (7,500) square feet.

c.   Boarding/rooming house: Nine thousand (9,000) square feet.

2.   When dividing land to be allocated to existing commercial structures, or for development of a new commercial use, the minimum lot shall be determined by:

a.   Submittal of a site plan as specified in chapter 8 of this title, which proposes a use for the property.

b.   Parking requirements, access standards, and other applicable provisions of this title shall be utilized to determine the size of parcel necessary to accommodate the proposed use.

c.   Land in the C-2 zone shall not be available for the land partition or subdivision process without an approved site plan as specified in subsections D2a and D2b of this section. (Ord. 667, 9-24-1984; amd. Ord. 925, 6-13-2005)

E.   Minimum Yard Requirements: For existing single-family dwelling or duplex:

1.   Interior lots:

a.   Front yard: Twenty two feet (22'). (Ord. 745, 1-22-1990; amd. Ord. 925, 6-13-2005)

b.   Side yard: Minimum of six feet (6') on any side, with both side yards combining for a minimum of fourteen feet (14').

c.   Rear yard: Sixteen feet (16'). (Ord. 873, 9-13-1999; amd. Ord. 925, 6-13-2005)

2.   Corner lots:

a.   Front yard: Twenty two feet (22'). "Front yard" is defined as that side of the property which faces a street and contains the main entrance to the structure. (Ord. 764, 5-26-1992; amd. Ord. 925, 6-13-2005)

b.   Side yards: Minimum of six feet (6') on interior side, with both sides combining for a minimum of fourteen feet (14'). If garage, carport or driveway is located on the property's street facing side yard, the minimum setback is twenty two feet (22'). If the garage, carport, or driveway is not located on the property's street facing side yard, the minimum setback is ten feet (10'). (Planning director may modify strict application of this standard based on actual proposed location of garage or carport in relation to streets.)

c.   Rear yard: Sixteen feet (16'). (Ord. 873, 9-13-1999; amd. Ord. 925, 6-13-2005)

F.   Lot Coverage: Residential structures shall occupy a maximum of fifty percent (50%) of their lots, with total coverage including driveways not to exceed seventy five percent (75%).

G.   Building Height: Buildings in a C-2 zone within one hundred fifty feet (150') of a residential zone shall not exceed thirty five feet (35'). Commercial buildings in excess of one hundred fifty feet (150') of a residential zone shall not exceed forty five feet (45'). (Ord. 667, 9-24-1984; amd. Ord. 925, 6-13-2005)

H.   Additional Standards: All single-family dwellings shall be required to have the main entrance situated on that side of the structure which is closest to the front yard. (Ord. 873, 9-13-1999; amd. Ord. 925, 6-13-2005)

A.   Permitted Uses: The following outright uses are permitted in accordance with level I application procedures:

B.   Permitted Uses With Site Plan Review: The following outright uses are permitted in accordance with level I application procedures and site plan review specified in chapter 8 of this title:

C.   Conditional Uses: The following conditional uses are permitted in accordance with level III application procedures:

D.   Minimum Lot Dimensions:

1.   When dividing land to be allocated to existing residential structures, the minimum lot shall be:

a.   Single-family dwelling: Six thousand (6,000) square feet.

b.   Duplex: Seven thousand five hundred (7,500) square feet.

c.   Boarding/rooming house: Nine thousand (9,000) square feet.

2.   When dividing land to be allocated to existing industrial structures, or for development of a new industrial use, the minimum lot shall be determined by:

a.   Submittal of a site plan as specified in chapter 8 of this title, which proposes use for the property.

b.   Parking requirements, access standards, and other applicable provisions of this title shall be utilized to determine the size of parcel necessary to accommodate the proposed use.

c.   Land in the I-M zone shall not be available for the land partition or subdivision process without an approved site plan as specified in subsections D2a and D2b of this section.

E.   Minimum Yard Requirements:

1.   Front yard: Twenty two feet (22'). (Ord. 667, 9-24-1984; amd. Ord. 925, 6-13-2005)

2.   Where an industrial use abuts a residential zone, the yard abutting the residential zone shall be a minimum of thirty five feet (35'). (Ord. 873, 9-13-1999; amd. Ord. 925, 6-13-2005)

3.   Other yard requirements shall be determined by the fire clearances specified by the uniform building code and the state fire marshal's office for that type of construction and use.

F.   Building Height:

1.   Buildings in the I-M zone within one hundred fifty feet (150') of a residential zone shall not exceed forty five feet (45').

2.   Industrial buildings in excess of one hundred fifty feet (150') of a residential zone shall not exceed fifty five feet (55'). (Ord. 667, 9-24-1984; amd. Ord. 925, 6-13-2005)

A.   Permitted Uses: The following outright uses are permitted in accordance with level I application procedures:

B.   Conditional Uses: The following conditional uses are permitted in accordance with level I application procedure and site plan review specified in chapter 8 of this title:

C.   Minimum Lot Dimensions: Due to the wide range of land uses, structure types, and lot sizes inherent to the generalized category of public lands, lot dimensions are best determined through the site plan review process. When a proposed use is permitted in another zone with specified lot dimensions, the requirements of that zone shall apply in the public lands zone.

D.   Minimum Yard Requirements: When a proposed use is permitted in another zone with specified yard requirements, the requirements of that zone shall apply in the public lands zone.

E.   Building Height: Building height shall be determined by the site plan review process to be compatible with appropriate use of adjacent properties. (Ord. 667, 9-24-1984; amd. Ord. 925, 6-13-2005)

A.   Permitted Uses: The following outright uses are permitted in accordance with a level I application and site plan review procedures specified in chapter 8 of this title:

A.   Relationship To Other Regulations: The land use designations and design standards in this section take precedence over other city design standards. Where there are conflicts the more stringent standards apply. All additional city, state or federal regulations, requirements and permits must be adhered to and obtained.

B.   Land Uses: The business park subdistrict is intended to provide a mix of professional offices, small businesses, other compatible commercial purposes and light industrial activities.

1.   Use: Allowed uses consist of a broad range of light industry, business, commercial and supporting service uses. See table 1 "Land Use Matrix", of this section to determine which uses are allowed outright, conditionally allowed, or prohibited in each district.

2.   Prohibited Uses: Generally, heavy industries are prohibited. These industries include:

a.   Waste related industries,

b.   Rendering plants,

c.   Petroleum or chemical refineries,

d.   Mineral extraction, and

e.   Others determined by the planning commission.

3.   Uses Not Listed: Uses not categorized in the land use matrix are subject to site plan committee interpretation. Appeals of decision may be made to the planning commission as provided by section 10-3-12 of this title.

4.   General Restricted Activities:

a.   Maximum noise levels shall not exceed the city standards.

b.   Vibration discernable at the property line without the use of measuring instruments is prohibited.

c.   Air emissions shall not exceed federal air quality standards.

d.   Emissions of odorous gases or matter beyond the property of the industrial activity are prohibited.

e.   Outside activities producing heat or glare are prohibited. If such activities are required they shall be conducted within buildings.

f.   Outdoor storage of raw materials or finished products.

g.   Movement of heavy equipment on and off the site, except truck deliveries.

h.   Movement of live animals or the waste or byproduct of dead animals to the site.

i.   Outdoor testing of products or processes on the site.

j.   Highly combustible, explosive or hazardous materials or waste.

C.   Development Standards: Standards are governed by chapter 14 of this title and subject to the requirements of this chapter. All requirements contained in this section represent minimum standards.

1.   Temporary Structures:

a.   Temporary buildings or other temporary structures shall not be allowed within the business park.

b.   Construction trailers and construction related temporary buildings will be allowed on site during construction periods.

c.   The structures must be removed within thirty (30) days of construction completion.

d.   Temporary construction structures shall be located as inconspicuously as possible and shall cause no inconvenience to owners and occupants of neighboring parcels.

2.   Construction Activities:

a.   Construction activities shall not disrupt business and the operations of adjacent parcels.

b.   Construction activity shall not block access to any other parcel.

c.   The developer shall be responsible for the repair of any street, public feature, or adjoining property damaged during the course of construction.

d.   The developer is responsible for street cleaning necessitated by construction activity.

e.   The developer shall maintain a dust suppression program, water erosion prevention measures and wind erosion stabilization measures.

3.   Site Development Requirements:

a.   Building Setbacks:

(1)   All buildings are to be set back from the property line to ensure that adequate space is provided between buildings for safety, screening, and visual appeal and as defined in table 2 of this section.

(2)   All setback areas except those where parking is allowed and exists shall be landscaped.

(3)   Landscape areas within the setback can be plant material or attractive hardscape for pedestrian use.

(4)   Site plan review committee will determine the side setbacks for individual corner lots.

(5)   Setbacks are measured from the property line.

b.   Parking Setbacks:

(1)   A minimum five foot (5') wide landscape area shall screen parking from adjoining parcels of the same zone. When abutting a less intense zone the side setback shall be ten feet (10').

(2)   All parking setbacks shall be landscaped.

(3)   All parking will be set back ten feet (10') from the front face of the building. The setback area shall have landscape material or pedestrian amenities.

c.   Buffers Between Zoning Districts: Property that abuts a less intense subdistrict will provide a twenty foot (20') wide landscape buffer.

d.   Landscape Area Requirement: All unpaved property on developed sites will be landscaped. Gravel and bare ground is not acceptable.

4.   Building Design: All buildings shall be visually interesting and not monotonous with special attention to street facing building facades. The use of windows, canopies, parapets, fascias, cornices and a variety of building materials is encouraged to break up large, monolithic walls and indicate pedestrian entry areas.

5.   Building Materials:

a.   Materials: All buildings shall be constructed from a combination of tilt-up concrete, brick, concrete block, metal (as a partial element), and glass.

b.   Wood: Wood may be used as an element of detail but not as a primary material.

c.   Windows, Doors And Wall Articulation: The front yard face of buildings, the facade facing Highway 11 and facades facing less intense districts shall be governed by chapter 14 of this title and the following requirements:

(1)   Monotonous and unarticulated facades are not allowed.

(2)   Changes of materials, detailing, shadows, color, and texture shall be incorporated into building facades.

(3)   Where blank walls are required for the type of business operation, then the design shall be reviewed as an adjustment from this standard.

(4)   Design standards will be reviewed by the site plan review committee and approved by the planning commission.

d.   Building Entries: Entries shall be obvious with clear and direct pedestrian access. They shall be accentuated with a combination of features such as building material change, parapet, canopies, and landscaping.

6.   Circulation, Parking And Loading: The site design for each lot will comply with the development standards outlined in this document and all requirements of the city of Milton-Freewater.

a.   Pedestrian Circulation:

(1)   Safe and direct concrete accessways will be provided throughout the development.

(2)   Materials used for pedestrian paths and sidewalks shall be of a contrasting material when adjacent to paved surfaces and separated by a concrete curb.

(3)   Pedestrian walkways and crosswalks shall be clearly marked and meet the needs of individuals with disabilities.

(4)   Clear and direct pedestrian access shall be provided from the public right of way to the main entries of all buildings.

b.   Vehicular Access:

(1)   Vehicular access shall be provided to each lot. Shared driveways between abutting lots shall be employed where feasible.

(2)   No more than one curb cut per lot will be allowed without site plan review committee approval.

c.   Parking: The number and size of parking stalls for employees and visitors will be governed by chapter 6 of this title and will meet the following standards:

(1)   Rows of parking stalls shall be separated from drive aisles with a curbed landscape island at least eight feet (8') wide.

(2)   Long rows of parking stalls shall have one landscape island for at least every twelve (12) stalls.

d.   Loading And Service Access: The intent of this subsection is to reduce and mitigate direct visibility of service and loading activities.

(1)   Loading facilities should be located so that they are not visible from primary streets. In situations where this is not possible, then a sight obscuring wall should be built with landscape material on the outside face to screen the service doors, docks, and vehicles.

(2)   The landscape screening area shall be fifteen feet (15') wide minimum and be located along all public rights of way and lot lines.

(3)   Where adjoining lots have abutting service and loading areas a landscape buffer is not required to foster shared circulation.

7.   Landscaping: Landscape requirements are governed by section 10-14-4 of this title and this chapter. All pervious surfaces shall be landscaped with healthy and well maintained plant materials in a manner consistent with and complementary to the native landscape. All landscaped surfaces shall be properly maintained and contribute to the visual appeal of the development and surroundings. The property owner is responsible for replacement of damaged or dead plant material.

a.   Plant material should provide visual interest and variety. Plant material shall be acclimated to the general climate.

b.   Designs should make use of native and drought tolerant plant material.

c.   Landscaping shall employ a variety of trees, shrubs and ground covers.

d.   Boulders, gravel and assorted rocks can be used as a design accent element that supplements the overall landscape plan.

e.   Bark, mulch, wood shavings or other organic products shall be used as a supplement to the plantings and shall not be the primary design element.

f.   All landscape areas will be irrigated with an underground irrigation system.

g.   Special attention should be paid to fire safety issues.

h.   Decorative walls and fencing may replace landscape shrubs with site plan review committee approval.

i.   Courtyards and paved pedestrian areas may meet up to twenty percent (20%) of the landscape area requirement.

8.   Buffers:

a.   Buffers shall be used to visually screen parking, loading, trash areas, and other such uses from public streets by vegetation or attractive walls. Buffers shall be composed of a combination of hedges, informal screens, and mounds. Monotonous long rows of hedging are discouraged. Hedging should be no higher than forty two inches (42") to ensure visual access to the building for security purposes. Taller shrubs and trees are allowed sporadically along the frontage.

b.   Plant material should be appropriate to the climate.

c.   The landscape buffer for loading and service and adjoining parcels shall be ten feet (10') minimum unless the loading has a shared access.

9.   Parking Lot Islands: All islands shall be landscaped with ground covers and shrubs. Deciduous shade trees or appropriate evergreens shall be installed in islands to reduce heat and reflection where space allows. Islands will be edged with a six inch (6") concrete curb.

10.   Trash And Outdoor Storage:

a.   Materials, supplies or equipment shall not be stored outside unless screened from a neighboring parcel or street.

b.   Outdoor storage is not allowed.

c.   Trash areas shall be screened with sight obscuring fencing or vegetation on three (3) sides.

d.   The use of trash compactors is strongly encouraged.

11.   Fencing And Walls: Fencing and walls are allowed if they are attractive and placed appropriately.

12.   Signs: "Signs" are defined as lettering, numbers, and business logos associated with a building or site for purposes of business identification. Signage shall be governed by chapter 7 of this title and the requirements of this chapter.

a.   Flashing and moving signs are not permitted.

b.   Reader boards and video displays are not permitted.

c.   Windows shall not have flashing or moving displays intended to attract attention.

d.   Signs may not be used for advertising or for businesses not located in the park.

13.   Lighting: Exterior lighting shall be governed by section 10-14-8 of this title and the requirements of this section. Lighting illumination levels that meet industry safety standards will be installed when the parcels are developed.

a.   Lighting fixtures shall be consistent throughout the business park.

b.   Building fronts can be illuminated at night from ground mounted fixtures provided that no glare is directed onto the streets, adjacent parcels, or toward the flight path of aircraft.

c.   Lighting shall not be used as a design element to attract attention.

14.   Utilities And Mechanical Equipment:

a.   All utilities shall be constructed below grade. Aboveground utility vaults shall be screened by sight obscuring vegetation.

b.   Satellite dishes shall be appropriately screened.

c.   Roof mounted equipment shall be located within an area that is screened on all sides.

15.   Stormwater Detention And Quality: Stormwater detention and quality requirements will be met for each new development through city facilities when available or on site facilities constructed by the owner according to the city of Milton-Freewater standards. (Ord. 928, 6-27-2005)

A.   Permitted Uses: The following outright uses are permitted in accordance with level I application procedures and a site plan review specified in chapter 8 of this title:

B.   Conditional Uses: The following conditional uses are permitted in accordance with level III application procedure:

C.   Unlisted Uses: Uses not listed are generally prohibited. Questionable uses should be processed through a level III process.

D.   Minimum Lot Dimensions:

1.   Single-family dwelling: Five thousand (5,000) square feet.

2.   Attached single-family dwellings: Two thousand (2,000) square feet per unit.

3.   Multi-family dwellings: Two thousand (2,000) square feet per unit.

4.   Offices, banks and financial institutions, and childcare facilities: Ten thousand (10,000) square feet.

5.   Restaurants (drive-up windows are not allowed): Twenty thousand (20,000) square feet.

6.   Indoor health clubs and gyms: Ten thousand (10,000) square feet.

7.   Church: Ten thousand (10,000) square feet.

8.   Planned unit development: Eighty thousand (80,000) square feet.

9.   Nursing home: Two thousand five hundred (2,500) square feet per bed or living unit.

10.   Personal and business services: Ten thousand (10,000) square feet (multi-tenant buildings encouraged).

E.   Minimum Yard Requirements:

1.   Residential uses:

a.   Front yard: Twenty feet (20').

b.   Side yard: Seven feet (7') from a residential use except attached home where there is no setback for shared walls.

(1)   Fifteen feet (15') to a public right of way.

(2)   Thirty feet (30') from a nonresidential use combining for a total of at least forty feet (40') between uses.

c.   Rear yard: Fifteen feet (15').

2.   Nonresidential uses:

a.   Front yard: Twenty feet (20') minimum.

b.   Side yard: Ten feet (10') from a nonresidential use and thirty feet (30') from a residential use combining for a total of at least forty feet (40') between uses.

c.   Rear yard: Twenty feet (20').

F.   Lot Coverage And Landscape Requirement:

1.   Residential uses: No more than eighty percent (80%) of the lot will be covered by building, parking or driveways. The remaining twenty percent (20%) shall be live plant material, except for paved patio or walkways for the exclusive use of pedestrians.

2.   Nonresidential uses: No more than eighty five percent (85%) of the lot will be covered by building, parking or driveways. The remaining fifteen percent (15%) of the lot shall be live plant material, except for paved patio or walkways for the exclusive use of pedestrians.

G.   Building Height: No building shall exceed thirty five feet (35') in height.

H.   Pedestrian Connections: Pedestrian connections shall be provided between residential developments and other uses.

I.   Screening: Nonresidential uses shall screen parking, loading, mechanical units, trash enclosures and other such uses from the public right of way and from residential uses.

J.   Design Standards:

1.   Architectural Standards:

a.   Purpose: The architectural standards are intended to provide detailed, human scale design, while affording flexibility to use a variety of building styles.

b.   Applicability: This section applies to all of the following types of buildings, and shall be applied during site plan review:

(1)   Single-family attached townhomes which are subject to site plan review (3 or more attached units);

(2)   Multi-family housing;

(3)   Public and institutional buildings; and

(4)   Neighborhood commercial and mixed use buildings.

c.   Standards: All buildings which are subject to this section shall comply with all of the following standards. The graphics provided with each standard are intended to show examples of how to comply. Other building styles and designs can be used to comply, so long as they are consistent with the text of this section. An architectural feature (i.e., as shown in the graphics) may be used to comply with more than one standard.

(1)   Building Form: The continuous horizontal distance (i.e., as measured from end wall to end wall) of individual buildings shall not exceed one hundred twenty feet (120'). All buildings shall incorporate design features such as offsets, balconies, projections, window reveals, or similar elements to preclude large expanses of uninterrupted building surfaces, as shown in figure 1 of this section. Along the vertical face of a structure, such features shall occur at a minimum of every thirty feet (30'), and on each floor shall contain at least two (2) of the following features:

(A)   Recess (e.g., deck, patio, courtyard, entrance or similar feature) that has a minimum depth of four feet (4');

(B)   Extension (e.g., floor area, deck, patio, entrance, or similar feature) that projects a minimum of two feet (2') and runs horizontally for a minimum length of four feet (4'); and/or

(C)   Offsets or breaks in roof elevation of two feet (2') or greater in height.

d.   Eyes On The Street: All building elevations visible from a street right of way shall provide doors, porches, balconies, and/or windows.

e.   Additional Standards: Single-family dwellings (site built, modular, manufactured homes) shall be required to provide covered parking for each dwelling. All single-family dwellings shall be required to have the main entrance situated on that side of the structure which is closest to the front yard. All building elevations visible from the front street facing side of the home shall provide a combination of doors, porches, balconies and/or windows. A minimum of thirty percent (30%) of the total wall area facing the street shall meet this standard. For corner lots, a minimum of fifteen percent (15%) of the total wall area of the secondary wall shall meet this standard. All dwellings shall also utilize at least six (6) of the following design features to provide visual relief along the front, street facing side of the homes.

(1)   Dormers.

(2)   Gables.

(3)   Recessed entries.

(4)   Covered porch entries.

(5)   Cupolas.

(6)   Pillars or posts.

(7)   Bay or bow windows.

(8)   Eaves (minimum of 6 inch projection).

(9)   A roof pitch of six feet (6') or higher in height for each twelve feet (12') in width.

(10)   Offsets on building face (minimum 16 inches).

(11)   Decks and railings.

(12)   Decorative bricks, stones, rock, or other distinct pattern in the surface.

(13)   Window shutters or trim (4 inch minimum trim) (must be on all windows on the street facing side).

(14)   An alternative feature providing visual relief, similar to subsections J1e(1) through J1e(13) of this section.