A.   Vision Clearance: Fences shall not conflict with requirements for vision clearance areas in section 10-5-3 of this chapter. For public safety reasons, no variances from these provisions shall be applied for or permitted.

B.   Private Property: Fences shall always be required to be built on private property and never on public right of way. Private property lines may be a considerable distance back from actual street surfaces or curb lines.

C.   Property Line: It shall be the property owner's responsibility and obligation to identify his property line when proposing to construct a fence on said property line. A property survey may be required.

D.   Construction And Maintenance: All fences shall be constructed and maintained in a structurally sound manner. Fences which are structurally unsound and/or hazardous are subject to abatement.

E.   Residential Zone Fences:

1.   Rear And Side Yards: Fences not to exceed six feet (6') in height are permitted in side and rear yards, but shall not extend past the front of the residence or the front of a detached garage, whichever is farther from the front lot line.

2.   Front Yard: From the front of the structure (as described in subsection E1 of this section) to the front property line, chainlink, woven wire and split rail fences not to exceed four feet (4') in height are permitted. Fences of other materials and sight obscuring fences shall not exceed three feet (3').

3.   Corner Lots: On corner lots, the provisions of subsection E2 of this section apply to the front yard. Side yard facing on secondary street may incorporate fencing at a maximum height allowed from rear lot line to front of house, at which point it would conform to maximum front yard fencing height.

F.   Commercial Zone And Residential Office Zone Fences: All provisions of subsection E of this section apply to residences, commercial or office development in these zones.

G.   Industrial Zone Fences: In industrial zones, fences not to exceed eight feet (8') in height are permitted in all yards of industrial developments except as restricted by vision clearance requirements. (Ord. 947, 5-12-2008)

A.   All walls, hedges, berms, and other landscaping features shall conform to the vision clearance requirements of section 10-5-3 of this chapter. For public safety reasons, no variances from this requirement shall be issued.

B.   Any freestanding property perimeter wall which is not a retaining wall shall conform to provisions of section 10-5-1 of this chapter. Retaining walls may be constructed to the height necessary to protect a cut-fill grade, but shall be a maximum of nine inches (9") above finished grade on the fill side of the wall.

C.   Where a retaining wall is located on a line separating lots, the retaining wall may be topped by a fence of the height permitted in the particular yard in which the wall is located. The allowable height of the fence shall be determined by measuring from the finished grade of the wall.

D.   Where an earthen berm is required, the size shall be determined by the site plan review committee or the planning commission. The berm may be topped by a fence, wall, or hedge of the height permitted in the particular yard in which the berm is located. The height shall be measured from the highest finished grade of the berm.

E.   Landscaping installed for required screening shall be of sufficient size to provide the required degree of screening at the time of installation.

A.   All corner lots shall maintain a triangular area for clear vision purposes. Two (2) sides of the triangle are lines measured from the corner intersection of the property lines to a distance of twenty five feet (25') from the corner point. The third side of the triangle is the straight line connecting the two (2) 25-foot sides. Corner lots include intersections of public streets and private streets such as in mobile home parks or apartment developments.

B.   All lots which abut alleys which intersect with streets shall maintain a triangular area for clear vision purposes. The sides of the triangle forming the corner angle shall be fifteen feet (15'). The third side of the triangle is the straight line connecting the two (2) 15-foot sides.

C.   No screen or other visual obstruction with the exception of one tree or shrub trunk no larger than ten inches (10") in diameter shall be permitted to be between two and one-half (21/2) and eight feet (8') above the grade of street centerline, or curb top if one is present. Woven wire and chainlink fences are permitted provided that there is no other landscaping or visual obstruction.

D.   The vision clearance requirement may be increased by the site plan review committee or planning commission in areas of unusual circumstances. For example, streets permitting high speed travel or with excessive curbs may require a larger field of vision.

E.   Any obstruction of a visual clearance area is subject to abatement by the city upon twenty four (24) hours' notice irrespective of standard abatement procedures in section 10-1-10 of this title. (Ord. 947, 5-12-2008)

A.   Measurement Of Yards: All required yards, whether specified in subsection C of this section shall be measured from the property line to the foundation line of the structure.

B.   Permitted Intrusions Into Required Yards: The following intrusions may extend up to two feet (2') into a front, rear, or side yard. Additional uses of required yards are provided in section 10-5-6, "Residential Accessory Structures", of this chapter.

1.   Eaves, bay windows, dormers, chimneys, solar collectors.

2.   Stairways, fire escapes.

3.   Planting boxes.

4.   Other architectural features similar to those listed above.

C.   Yard Requirements For Property Abutting Future Street Right Of Way:

1.   If a lot abuts a street having only a portion of its required width dedicated, no building or structure shall be constructed on that portion of the lot needed to complete the road widths plus width and/or depth of the yards required on the lot by this title.

2.   Where a precise plan adopted pursuant to law includes the plans for widening the existing streets, the connecting of existing or the establishment of new streets, the placement of buildings and maintenance of yards, where required by this title, shall adhere to the future street boundaries as determined by said precise plans.

D.   Single Use Of Required Yard: No required yard or other open space dedicated to a particular structure or use shall be considered as providing required yard or open space for any other structure or use.

E.   Exceptions To Required Front Yard: The following exceptions to the front yard requirement are authorized for a residential lot:

1.   If there are dwellings on both abutting lots with front yards of less than the required depth for the zone, the front yard for the lot need not exceed the average front yard of the abutting dwelling.

2.   If there is a dwelling on one abutting lot with a front yard of less than the required depth for the zone, the front yard for the lot need not exceed a depth one-half (1/2) way between the depth of the abutting lot and the required front yard depth. (Ord. 947, 5-12-2008)

A.   Dwelling Unit:

1.   At least one room of not less than one hundred fifty (150) square feet.

2.   At least one additional room of not less than seventy (70) square feet.

3.   At least one bathroom containing a toilet, a sink, and a shower stall or bathtub.

4.   Only one kitchen or cooking area (this is a maximum standard) containing at least a sink, a cooking appliance, and a food refrigeration unit.

B.   Efficiency Dwelling Unit: Efficiency or studio apartment dwelling units shall contain:

1.   A living room of not less than two hundred twenty (220) square feet.

2.   An additional one hundred (100) square feet of living area for each occupant in excess of two (2).

3.   A separate closet.

4.   Unless meals are provided by the management as a standard service of the facility, each unit shall contain a food preparation area containing a sink, a cooking appliance, and a food refrigeration appliance, each with at least thirty inches (30") of clear workspace in front.

5.   A separate bathroom containing a toilet, a sink, and a shower stall or bathtub.

C.   Habitable Area: Habitable area shall be the sum of the following areas within one dwelling unit:

1.   A living room, bedroom, dining room, family room, and similar living areas with a ceiling height of at least seven feet six inches (7'6").

2.   Kitchen, hallway, bathroom, with a ceiling height of at least seven feet (7').

3.   In rooms with sloping ceilings, at least one-half (1/2) of the room area need meet the ceiling height prescribed above, except that no area with a ceiling height of less than five feet (5') shall be considered as habitable area. (Ord. 947, 5-12-2008)

A.   Small Structures Exempt: Accessory structures of less than twelve (12) square feet in area and four feet (4') in height may encroach in a required rear or side yard, and do not require permits. Accessory structures of less than fifty (50) square feet in area and eight feet (8') in height may encroach in a required rear or side yard, provided that the structure is constructed with flame retardant siding or of a noncombustible material and no portion of the building or roofline projects over any property lines.

B.   Permit Required: Prior to construction of an accessory structure or principal garage (except small structures in subsection A of this section), a permit shall be obtained. Applications for these structures shall be processed by level I procedures.

C.   Principal Garage Not An Accessory Structure: One principal garage, whether attached or detached, is permitted for each residence. The size of the principal garage is limited by the size of the lot and the lot coverage standards, but is not limited to any specific maximum square footage.

D.   Limitation On Size And Number Of Structures: Accessory structures shall be limited to two hundred forty (240) square feet and fifteen feet (15') in height. No more than two (2) accessory structures which require permits shall be allowed per residence.

E.   Yard Intrusion Permitted: Accessory structures shall not intrude into required front or side yards. Accessory structures requiring permits may intrude into required rear yards provided that a minimum setback of five feet (5') from all property lines is maintained.

F.   Separation Required: Accessory structures shall be detached from the residence and all other structures by at least nine feet (9') measured from the foundation line. (Ord. 947, 5-12-2008)

A.   Residential lots fronting on streets other than a cul-de-sac shall have a minimum frontage of fifty feet (50') on a dedicated public street.

B.   Residential lots fronting entirely on the circumference of a cul-de-sac shall have a minimum frontage of twenty five feet (25').

C.   Residential lots fronting partially on a cul-de-sac circumference and partly on a straight street shall have minimum frontage of forty feet (40').

D.   Access shall be onto a public street other than an alley. (Ord. 947, 5-12-2008)

A.   Design Standards: A manufactured home placed in a manufactured home park shall be designed in accordance with section 10-2-2 of this title.

B.   Certification: Manufactured homes shall bear the Oregon department of commerce "insignia of compliance", and shall have been manufactured after June 15, 1976.

C.   Placement Standards: Manufactured homes placed in manufactured home parks shall be placed in conformance with the following standards:

1.   The manufactured home shall have the wheels, towing assembly (if detachable), travel lights, and all other transport hardware removed.

2.   The manufactured home shall have a continuous perimeter of skirting which meets one of the following standards:

a.   Skirting of the same or similar appearance as the exterior of the manufactured home. If metal skirting is used, the wooden supporting members shall be separate from the ground by at least two inches (2") using galvanized stakes or similar metal members.

b.   Three-eighths inch (3/8") exterior grade plywood skirting separated from the ground by three inches (3") of metal or concrete.

c.   Continuous concrete or masonry block.

3.   All plumbing, electric and gas service connections shall be made according to instructions approved by the state department of commerce.

4.   Upon removal of the manufactured home, the owner of the property shall remove all accessory structures and additions to the manufactured home, permanently disconnect sewer, water, and other utilities unless otherwise authorized by the city. In the event the owner fails to accomplish said work within thirty (30) days from the date on which the manufactured home is moved from its foundations, the city may perform such work and place a lien against the property for the cost of such work. Said lien may be initiated by the city council. This condition shall not apply in the event the manufactured home is replaced on the original foundation by another approved manufactured home within thirty (30) days of the original unit's removal. (Ord. 947, 5-12-2008)

A.   Signage: One nonilluminated wall sign of not more than two (2) square feet in area is permitted.

B.   Display Prohibited: There shall be no display other than a sign that indicates from the exterior that the building is used in whole or part for any purpose other than a dwelling.

C.   Characteristics Of Residence To Be Retained: The building shall retain the characteristics of a residence.

D.   Outside Storage Prohibited: There shall be no outside storage of materials.

E.   Mechanical Equipment: No mechanical equipment shall be permitted except that which is compatible with residential uses.

F.   No Employees To Reside At Dwelling: There shall be no employees other than family members who reside at the dwelling.

G.   Secondary Use: The home occupation shall be secondary to the main use of the property as a residence, and shall be operated by the resident of the property on which the business is located, within the same dwelling or in an accessory building normally associated with uses located in the zone.

H.   Delivery And Parking Restrictions: No materials or commodities shall be delivered to or from the property which are of such bulk or quantity as to require delivery by a commercial vehicle or a trailer. There shall be no parking of customers' vehicles in a manner or frequency so as to cause disturbance or inconvenience to nearby residents or so as to necessitate off street parking.

I.   Retail Sales: Retail sales shall be limited or accessory to a service.

J.   Produce Sales/Display Stand: Temporary sales of produce is permitted subject to the following:

1.   The produce for sale shall have been grown on the premises from which it is being sold.

2.   The sales area shall be located entirely on private property.

3.   The operation shall not create hazardous traffic conditions or unreasonably increase traffic conditions in residential areas for on street or off street parking.

4.   If any of the terms of this section are violated, produce sales shall immediately cease.

K.   Daycare Centers: Daycare centers providing for six (6) or less children shall be a permitted outright use in any residential or commercial zone, provided that prior to permit issuance the physical facilities for the care of the children, such as building construction, sanitation, plumbing, heating, lighting, ventilation, maintenance, indoor and outdoor activity areas and fire protection, are approved by inspection of such by city provided inspector(s). (Ord. 947, 5-12-2008)

A.   Improvements Permitted Outright: Except where otherwise specifically regulated by this code, the following improvements are permitted outright:

1.   Normal operation, maintenance, repair and preservation activities of existing transportation facilities.

2.   Installation of culverts, pathways, medians, fencing, guardrails, lighting, and similar types of improvements within the existing right of way.

3.   Projects specifically identified in the transportation system plan as not requiring further land use regulation.

4.   Landscaping as part of a transportation facility.

5.   Emergency measures necessary for the safety and protection of property.

6.   Acquisition of right of way for public roads, highways, and other transportation improvements designated in the transportation system plan except for those that are located in exclusive farm use or forest zones.

7.   Construction of a street or road as part of an approved subdivision or land partition consistent with the applicable land division ordinance.

B.   Transportation Projects; Criteria:

1.   Construction, reconstruction or widening of highways, roads, bridges, or other transportation projects that are: a) not improvements designated in the transportation system plan or b) not designed and constructed as part of a subdivision or planned development subject to conditional use permit review, which shall comply with the transportation system plan and applicable standards, shall address the following criteria. For state projects that require an environmental impact statement (EIS) or environmental assessment (EA) the draft EIS or EA shall be reviewed and used as the basis of findings to comply with the following criteria:

a.   The project is designed to be compatible with existing land use and social patterns, including noise generation, safety and zoning.

b.   The project is designed to minimize avoidable environmental impacts to identified wetlands, wildlife habitat, air and water quality, cultural resources, and scenic qualities.

c.   The project preserves or improves the safety and function of the facility through access management, traffic calming, or other design features.

d.   The project includes provision for bicycle and pedestrian circulation as consistent with the comprehensive plan and other requirements of this code.

2.   If review under this section indicates that the use or activity is inconsistent with the transportation system plan, the procedure for a plan amendment shall be undertaken prior to or in conjunction with the conditional permit review.

C.   Time Limitation On Transportation Related Conditional Use Permits:

1.   Authorization of a conditional use shall be voided after a period specified by the applicant as reasonable and necessary based on season, right of way acquisition, and other pertinent factors. This period shall not exceed three (3) years. (Ord. 947, 5-12-2008)

A.   Joint Use Driveways And Cross Access:

1.   Adjacent commercial or office properties classified as major traffic generators (i.e., shopping plazas, office parks) shall provide a cross access drive and pedestrian access to allow circulation between sites.

2.   A system of joint use driveways and cross access easements shall be established wherever feasible.

3.   Shared parking areas shall be permitted a reduction in required parking spaces if peak demands do not occur at the same time periods.

4.   Pursuant to this section, property owners shall:

a.   Record an easement with the deed allowing cross access to and from other properties served by the joint use driveways and cross access or service drive;

b.   Record an agreement with the deed that remaining access rights along the roadway will be dedicated to the city of Milton-Freewater and preexisting driveways will be closed and eliminated after construction of the joint use driveway;

c.   Record a joint maintenance agreement with the deed defining maintenance responsibilities of property owners.

5.   The city of Milton-Freewater may reduce required separation distance of access points where they prove impractical, provided all of the following requirements are met:

a.   Joint access driveways and cross access easements are provided in accordance with this section.

b.   The property owner enters into a written agreement with the city of Milton-Freewater, recorded with the deed, that preexisting connections on the site will be closed and eliminated after construction of each side of the joint use driveway.

6.   The city of Milton-Freewater may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make the development of a unified or shared access and circulation system impractical.

B.   Access Connection And Driveway Design:

1.   Driveways shall meet the following standards:

a.   If the driveway is a one-way in or one-way out drive, then the driveway shall be a minimum width of ten feet (10') and shall have appropriate signage designating the driveway as a one-way connection.

b.   For two-way access, each lane shall have a minimum width of ten feet (10') and a maximum width of twelve feet (12').

2.   Driveway approaches provide an exiting vehicle with an unobstructed view. Construction of driveways along acceleration or deceleration lanes and tapers shall be avoided due to the potential for vehicular weaving conflicts.

3.   The length of driveways shall be designed in accordance with the anticipated storage length for entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on site circulation.

C.   Nonconforming Access Features:

1.   Legal access connections in place as of the adoption date hereof that do not conform with the standards herein are considered nonconforming features and shall be brought into compliance with applicable standards under the following conditions:

a.   When new access connection permits are requested;

b.   Change in use or enlargements or improvements that will increase trip generation.

D.   Reverse Frontage:

1.   Lots that front on more than one street shall be required to locate motor vehicle accesses on the street with the lower functional classification.

2.   When a residential subdivision is proposed that would abut an arterial, it shall be designed to provide through lots along the arterial with access from a frontage road or interior local road. Access rights of these lots to the arterial shall be dedicated to the city of Milton-Freewater and recorded with the deed.

E.   Shared Access:

1.   Subdivisions with frontage on the state highway system shall be designed into shared access points to and from the highway. Normally a maximum of two (2) accesses shall be allowed regardless of the number of lots or businesses served. If access off of a secondary street is possible, then access should not be allowed onto the state highway. If access off of a secondary street becomes available, then conversion to that access is encouraged, along with closing the state highway access.

2.   New direct accesses to individual one- and two-family dwellings shall be prohibited on all state highways except district level state highways.

F.   Connectivity:

1.   The street system of proposed subdivisions shall be designed to connect with existing, proposed, and planned streets outside of the subdivision, as provided in this section.

2.   Wherever a proposed development abuts unplatted land or a future development phase of the same development, street stubs shall be provided to provide access to abutting property or to logically extend the street system into the surrounding area. All street stubs shall be provided with a temporary turnaround unless specifically exempted by the city engineer. Restoration and extension of the street shall be the responsibility of any future developer of the abutting land.

3.   Minor collector and local residential streets shall connect with surrounding streets to permit the convenient movement of traffic between residential neighborhoods or facilitate emergency access and evacuation. Connections shall be designed to avoid or minimize through traffic on local streets. Appropriate design, such as narrow streets, traffic control such as four-way stops, and traffic calming measures are the preferred means of discouraging through traffic.

G.   Pedestrian And Bicycle Circulation:

1.   On site facilities shall be provided that accommodate safe and convenient pedestrian and bicycle access within new subdivisions, multi-family developments, planned development, shopping centers, and commercial districts, and connection to adjacent residential areas and neighborhood activity centers within one-half (1/2) mile of the development. Residential developments shall include streets with sidewalks and accessways. Pedestrian circulation through parking lots shall be provided in the form of accessways.

2.   Bikeways shall be required along arterials and collectors with ADTs greater than three thousand (3,000). Sidewalks shall be required along arterials, collectors and most local streets, except that sidewalks are not required along controlled access roadways (freeways).

H.   Cul-De-Sacs And Accessways:

1.   Cul-de-sacs or permanent dead end streets may be used as part of a development plan; however, through streets are encouraged except where topographical, environmental, or existing adjacent land use constraints make connecting streets infeasible. Where cul-de-sacs are planned, accessways shall be provided connecting the ends of cul-de-sacs to each other, to other streets, or to neighborhood activity centers.

2.   Accessways for pedestrians and bicyclists shall be ten feet (10') wide and located within a twenty foot (20') wide right of way or easement. If the streets within the subdivision are lighted, the accessways shall also be lighted. Stairs or switchback paths may be used where grades are steep.

3.   Accessways for pedestrians and bicyclists shall be provided at midblock where the block is longer than six hundred feet (600').

4.   The city planner may determine, based upon evidence in the record, that an accessway is impracticable. Such evidence may include, but is not limited to: (Ord. 947, 5-12-2008)

a.   Physical or topographic conditions make an accessway connection impractical. Such conditions include, but are not limited to, freeways, railroads, extremely steep slopes, wetlands, or other bodies of water where a connection cannot reasonably be provided. (Ord. 667, 9-24-1984; amd. Ord. 947, 5-12-2008)

b.   Buildings or other existing development on adjacent lands physically preclude a connection now or in the future, considering potential for redevelopment.

c.   Where accessways would violate provisions of leases, easements, covenants, restrictions, or other agreements existing as of May 1, 1995, that preclude a required accessway connection.

I.   Blocks:

1.   The maximum perimeter lengths for blocks shall be one thousand six hundred feet (1,600').

2.   The maximum length of any block shall be four hundred feet (400'). (Ord. 667, 9-24-1984)