Molalla City Zoning Code
Division III
Community Design Standards
§ 17-3.1.010 Purpose.
Division III contains design standards for the built environment. The standards are intended to protect the public health, safety, and welfare through multimodal accessibility and interconnectivity, and through the provision of parking, landscaping, and adequate public facilities.
(Ord. 2017-08 §1)
§ 17-3.1.020 Applicability.
The provisions of Division III apply to permits and approvals granted under this Code, and other City actions, as summarized in Table 17-3.1.020.
Table 17-3.1.020 Applicability of Design Standards to Approvals and Permits | ||||||
|---|---|---|---|---|---|---|
Approvals | 17-3.2 Building Design | 17-3.3 Access Circulation | 17-3.4 Landscaping, Fences and Walls, Outdoor Lighting | 17-3.5 Parking & Loading | 17-3.6 Public Facilities | |
Zoning Checklist Review | Review and determine whether land use application is required. | |||||
Access or Approach Permit | N | Y | N | Y | Y | |
Adjustment | Individual chapters may apply, depending on the adjustment request. | |||||
Annexation | N | N | N | N | Y | |
Building Permit | The City reviews building plan proposals through a Type I (Zoning Checklist) procedure and determine which standards apply. | |||||
Code Interpretation | Standards are subject to City interpretation under Chapter 17-1.5. | |||||
Code Text Amendment | Chapters apply where amendment affects design standards. | |||||
Comprehensive Plan Map Amendment | N | N | N | N | Y | |
Conditional Use Permit | Y | Y | Y | Y | Y | |
Home Occupation | N | N | N | N | N | |
Legal Lot Determination | N | Y | N | N | Y | |
Master Planned Development | Y | Y | Y | Y | Y | |
Modification to Approval or Condition of Approval | Individual chapters may apply, depending on the modification request. | |||||
Nonconforming Use or Structure, Expansion of | Y | Y | Y | Y | Y | |
Partition or Replat of 2 to 3 lots (See also Chapter 17-4.3) | Y (if bldg exists) | Y | Y (for flag lot) | Y (if use exists) | Y | |
Property Line Adjustments, including Lot Consolidations (See also Chapter 17-4.3) | Y (if bldg exists) | Y | Y (for flag lot) | Y (if use exists) | Y | |
Site Design Review (See also Chapter 17-4.2) | Y | Y | Y | Y | Y | |
Subdivision or Replat of >3 lots (See also Chapter 17-4.3) | Y (if bldg exists) | Y | Y (for flag lot) | Y (if use exists) | Y | |
Adjustments | Individual chapters may apply, depending on the variance request. | |||||
Zoning District Map Change | N | N | N | N | Y | N |
(Ord. 2017-08 §1)
§ 17-3.2.010 Purpose.
Chapter 17-3.2 regulates the placement, orientation, and design of buildings. The regulations are intended to protect public health, safety, and welfare through clear and objective standards that promote land use compatibility and livability, while protecting property values and ensuring predictability in the development process. In summary, Chapter 17-3.2 is intended to create and maintain a built environment that:
A.
Is conducive to walking and bicycling;
B.
Provides natural surveillance of public spaces, or "eyes on the street," for crime prevention and security;
C.
Reduces dependency on the automobile for short trips, thereby conserving energy and reducing unwanted congestion;
D.
Encourages the use of water-conserving landscaping;
E.
Allows for the integration of surface water management facilities within parking lots and landscape areas; and
F.
Creates a sense of place that is consistent with the character of the community, including historical development patterns and the community vision.
(Ord. 2017-08 §1)
§ 17-3.2.020 Applicability.
Chapter 17-3.2 applies to all new buildings, including single-family detached homes, and exterior alterations to existing buildings. The Planning Official, through a Type II procedure, may grant adjustments to Chapter 17-3.2, pursuant to the criteria of Chapter 17-4.7 Adjustments and Variances.
(Ord. 2017-08 §1)
§ 17-3.2.030 Residential Buildings.
A.
Purpose. The following requirements are intended to create and maintain a built environment that is conducive to walking; reduces dependency on the automobile for short trips; provides natural surveillance of public spaces; addresses the orientation and design of garages; and creates a human-scale design, e.g., with buildings placed close to public ways and large building walls divided into smaller planes with detailing.
B.
Building Orientation. Residential buildings that are subject to the provisions of this chapter, pursuant to Section 17-3.2.020, shall conform to all of the following standards in subsections B.1 through 3, below, as generally illustrated in Figure 17-3.2-1. Figure 17-3.2-2 provides examples of non-compliance.
1.
Building Orientation to Street. Except as provided below, dwelling units shall orient toward a street, have a primary entrance opening toward the street, and be connected to the right-of-way with an approved walkway or residential front yard.
a.
A dwelling may have its primary entrance oriented to a yard other than the front or street yard where the only permitted access to the property is from a shared driveway or flag lot drive and orienting the dwelling entrance to the street is not practical due to the layout of the lot and driveway.
b.
Where there is no adjacent street to which a dwelling may be oriented, or it is not practical to orient a dwelling to an adjacent street due to lot layout, topographic, or other characteristics of the site, the dwelling may orient to a walkway, courtyard, open space, common area, lobby, or breezeway (i.e., for multifamily buildings).
2.
Limitation on Parking Between Primary Entrance and Street. Off-street parking is not allowed between a primary building entrance and the street to which it is oriented, except that assisted living facilities, group care facilities, and similar institutional-residential uses serving clients with disabilities may have one driveway located between the primary building entrance and an adjacent street as required to serve as a drop-off or loading zone, provided the primary building entrance shall connect to an adjacent street by a pedestrian walkway that conforms to the standards of Section 17-3.3.040. The intent of this exception is to provide for one drop-off or loading zone while maintaining a direct, convenient, and safe pedestrian access to a primary building entrance.
3.
Build-To Line. Where a new building is proposed in a zone that requires a build-to line per Section 17-2.2.040, the building shall comply with the build-to line standard and the development shall meet the standards for pedestrian access under Section 17-3.3.040.
 Figure 17-3.2-1 Examples of Code Compliant Features |
 Figure 17-3.2-2 Examples of Non-Compliant Features |
C.
Garages. The following standards apply to all types of vehicle storage, including, but not limited to, buildings, carports, canopies, and other permanent and temporary structures. The standards are intended to balance residents' desire for a convenient, safe, and private vehicle access to their homes with the public interest in maintaining safe and aesthetically pleasing streetscapes. The standards therefore promote pedestrian safety and visibility of public ways, while addressing aesthetic concerns associated with street-facing garages.
1.
Alleys and Shared Drives. Where a dwelling abuts a rear or side alley, or a shared driveway, including flag lot drives, the garage or carport opening(s) for that dwelling shall orient to the alley or shared drive, as applicable, and not a street.
2.
Setback for Garage Opening Facing Street. No garage or carport opening shall be placed closer than 16 feet to a street right-of-way. On corner lots, garages facing a side street (i.e., not the same street as the front entrance) may be located closer than 16 feet to a street right-of-way.
3.
Width of Garage Openings Facing Street. Where one or more garage openings face a street, the total width of all garage openings on that building elevation shall not exceed 50 percent of the width of that elevation; except this standard does not apply where the garage opening is recessed behind the front elevation of the dwelling by not less than four feet for its entire width, or where all garage openings are placed behind the primary entrance to the dwelling. An arbor, portico, or similar architectural feature extending the entire width of the garage may be used as the basis of measuring the garage recess. A garage opening is considered to be facing a street where the opening is parallel to, or within 45 degrees of, the street right-of-way line.
4.
Three-Car and Wider Garages. Where three or more contiguous garage parking bays are proposed facing the same street, the garage opening closest to a side property line shall be recessed at least two feet behind the adjacent opening(s) to break up the street-facing elevation and diminish the appearance of the garage from the street. Side-loaded garages, on interior lots, i.e., where the garage openings are turned away from the street, are exempt from this requirement.
5.
Garages for Duplex Dwellings. Duplex design shall conform to Section 17-2.3.060.
D.
Architecture. The following standards require variation in architectural plans to avoid monotony in new developments. The standards support the creation of architecturally varied neighborhoods, whether a neighborhood develops all at once or one lot at a time, avoiding homogeneous street frontages that detract from the community's appearance. The standards are applied through the Site Design Review process for new townhome dwellings and new multifamily dwellings, and through the Zoning Checklist (Type I) review process prior to issuance of building permits for new single-family dwellings and new duplex dwellings. In addition to the following requirements, duplexes, townhomes, and multifamily projects shall conform to the special use standards of Chapter 17-2.3.
1.
Detailed Design. Dwelling designs shall incorporate not fewer than four architectural features per dwelling unit from subdivisions a through k, as generally illustrated in this chapter. Applicants are encouraged to use those elements that best suit the proposed building style and design.
a.
Covered front porch: not less than six feet in depth and not less than 30 percent of the width of dwelling, excluding the landing for dwelling entrance.
b.
Dormers: minimum of two required for each single-family dwelling and two each for other dwellings; must be a functional part of the structure, for example, providing light into a living space.
c.
Recessed entrance: not less than four feet deep.
d.
Windows: not less than 30 percent of surface area of all street-facing elevation(s).
e.
Window trim: minimum four-inch width (all elevations).
f.
Eaves: overhang of not less than 12 inches.
g.
Offset: offset in façade and/or roof (see subsection 2, "Articulation"); counts twice if both façade and roof offsets are provided.
h.
Bay window: projects from front elevation by 12 inches.
i.
Balcony: one per dwelling unit facing street.
j.
Decorative top: e.g., cornice or pediment with flat roof or brackets with pitched roof.
k.
Other: feature not listed but providing visual relief or contextually appropriate design similar to subdivisions a through j, as approved by the Planning Official through a Type I procedure.
 Figure 17-3.2-3 Duplex Dwelling Design |
 Figure 17-3.2-4 Single-Family Dwelling Design – Extra-Large Garage |
 Figure 17-3.2-5 Multifamily Dwelling Design |
2.
Articulation. Plans for residential buildings shall incorporate design features such as varying rooflines, offsets, balconies, projections (e.g., overhangs, porches, or similar features), recessed or covered entrances, window reveals, or similar elements that break up otherwise long, uninterrupted elevations. Such elements shall occur at a minimum interval of 40 feet, and each floor shall contain at least two elements from the following options, as generally illustrated in this Section 17-3.2.030.
a.
Recess (e.g., porch, courtyard, entrance balcony, or similar feature) that has a minimum depth of four feet;
b.
Extension (e.g., floor area, porch, entrance, balcony, overhang, or similar feature) that projects a minimum of two feet and runs horizontally for a minimum length of four feet; or
c.
Offsets or breaks in roof elevation of two feet or greater in height.
3.
House Plan Variety. This subsection applies to land divisions and new developments with five or more residential buildings. No two directly adjacent or opposite dwelling units in a single-family development, or buildings in a multifamily development, may possess the same front or street-facing elevation. This standard is met when front or street-facing elevations differ from one another by no fewer than three of the elements listed in subdivisions a through g. Where façades repeat on the same block face, they must have at least three intervening lots between them that meet the above standard. Land division approvals will be conditioned to assure compliance with this subsection.
a.
Materials. The plans specify different exterior cladding materials, a different combination of materials, or different dimensions, spacing, or arrangement of the same materials. This criterion does not require or prohibit any combination of materials; it only requires that plans not repeat or mirror one another. Materials used on the front façade must turn the corner and extend at least two feet deep onto the side elevations.
b.
Articulation. The plans have different offsets, recesses, or projections; or the front building elevations break in different places. For example, a plan that has a stoop entry (recess) varies from one that has an entry under a front porch (projection). For this criterion to apply, a recess must have a minimum depth of four feet and a projection or offset must be at least four feet in depth.
c.
Variation in Roof Elevation. The plans have different roof forms (e.g., gable versus gambrel or hip), different roof height (by at least 10 percent), different orientation (e.g., front-facing versus side-facing gable), or different roof projections (e.g., with and without dormer or shed, or different type of dormer or shed).
d.
Entry or Porch. The plans have different configuration or detailing of the front porch or covered entrance.
e.
Fenestration. The plans have different placement, shape, or orientation of windows or different placement of doors.
f.
Height. The elevation of the primary roofline (along the axis of the longest roofline) changes by not less than four feet from building to building, or from dwelling unit to dwelling unit (e.g., townhome units), as applicable. Changes in grade of eight feet or more from one lot to the adjacent lot are counted toward change in height for purposes of evaluating façade variation.
g.
Color Palette. Variation in color palette.
(Ord. 2017-08 §1)
§ 17-3.2.040 Non-Residential Buildings.
A.
Purpose and Applicability. The following requirements apply to non-residential development, including individual buildings and developments with multiple buildings such as shopping centers, office complexes, mixed-use developments, and institutional campuses. The standards are intended to create and maintain a built environment that is conducive to pedestrian accessibility, reducing dependency on the automobile for short trips, while providing civic space for employees and customers, supporting natural surveillance of public spaces, and creating human-scale design. The standards require buildings placed close to streets, with storefront windows (where applicable), with large building walls divided into smaller planes, and with architectural detailing.
B.
Building Orientation. The following standards apply to new buildings and building additions that are subject to Site Design Review. The Planning Official may approve adjustments to the standards as part of a Site Design Review approval, pursuant to Chapters 17-4.2 and 17-4.7, respectively.
1.
Buildings subject to this section shall conform to the applicable build-to line standard in Table 17-2.2.040.E, as generally illustrated in Figure 17-3.2-6. The standard is met when at least 50 percent of the abutting street frontage has a building placed no farther from at least one street property line than the build-to line in Table 17-2.2.040.E; except in the Central Commercial C-1 zone, at least 80 percent of the abutting street frontage shall have a building placed no farther from at least one street property line than the required build-to-line. The Planning Official, through Site Design Review, may waive the build to line standard where it finds that one or more of the conditions in subdivisions a through g occurs.
a.
A proposed building is adjacent to a single-family dwelling, and an increased setback promotes compatibility with the adjacent dwelling.
b.
The standards of the roadway authority preclude development at the build-to line.
c.
The applicant proposes extending an adjacent sidewalk or plaza for public use, or some other pedestrian amenity is proposed to be placed between the building and public right-of-way, pursuant to Section 17-3.2.050 and subject to Site Design Review approval.
d.
The build-to line may be increased to provide a private open space (e.g., landscaped forecourt), pursuant to Section 17-3.2.050, between a residential use in a mixed-use development (e.g., live-work building with ground floor residence) and a front or street property line.
e.
A significant tree or other environmental feature precludes strict adherence to the standard and will be retained and incorporated in the design of the project.
f.
A public utility easement or similar restricting legal condition that is outside the applicant's control makes conformance with the build-to line impracticable. In this case, the building shall instead be placed as close to the street as possible given the legal constraint, and pedestrian amenities (e.g., plaza, courtyard, landscaping, outdoor seating area, etc.) shall be provided within the street setback in said location pursuant to Section 17-3.2.050.
g.
An existing building that was lawfully created but does not conform to the above standard is proposed to be expanded and compliance with this standard is not practicable.
 Figure 17-3.2-6 Non-Residential Building Orientation |
2.
Except as provided in subsections C.5 and 6, all buildings shall have at least one primary entrance (i.e., tenant entrance, lobby entrance, breezeway entrance, or courtyard entrance) facing an abutting street (i.e., within 45 degrees of the street property line); or if the building entrance must be turned more than 45 degrees from the street (i.e., front door is on a side or rear elevation) due to the configuration of the site or similar constraints, a pedestrian walkway must connect the primary entrance to the sidewalk in conformance with Section 17-3.3.040.
3.
Off-street parking, trash storage facilities, and ground-level utilities (e.g., utility vaults), and similar obstructions shall not be placed between building entrances and the street(s) to which they are oriented. To the extent practicable, such facilities shall be oriented internally to the block and accessed by alleys or driveways.
5.
Where a development contains multiple buildings and there is insufficient street frontage to meet the above building orientation standards for all buildings on the subject site, a building's primary entrance may orient to plaza, courtyard, or similar pedestrian space containing pedestrian amenities and meeting the requirements under Section 17-3.2.050, subject to Site Design Review approval. When oriented this way, the primary entrance(s), plaza, or courtyard shall be connected to the street by a pedestrian walkway conforming to Section 17-3.3.040.
C.
Large-Format Developments. Plans for new developments, or any phase thereof, with a total floor plate area (ground floor area of all buildings) greater than 35,000 square feet, shall meet all of the following standards in subsections C.1 through 9, as generally illustrated in Figure 17-3.2-7. The Planning Official may approve adjustments to the standards as part of a Site Design Review approval, pursuant to Chapters 17-4.2 and 17-4.7, respectively.
1.
The site plan or preliminary subdivision plan, as applicable, shall comply with the street connectivity standards of Section 17-3.6.020. The plan approval shall bind on all future phases of the development, if any, to the approved block layout.
2.
Except as provided by subsections C.6 through 9, the site shall be configured into blocks with building pads that have frontage onto improved streets meeting City standards, and shall contain interior parking courts and with interconnected pedestrian walkways.
3.
The build-to line standards in Table 17-2.2.040.E shall be met across not less than 75 percent of the site's street frontage, consistent with subsection 17-3.2.040.B, except the build-to standard does not apply where a railroad, expressway, water body, topographic constraint, or similar physical constraint makes it impractical to orient buildings to a particular street or highway.
4.
Walkways shall connect the street right-of-way to all primary building entrances, and shall connect all primary building entrances to one another, including required pedestrian crossings through interior parking areas, if any, in accordance with Section 17-3.3.040. The Planning Official may condition development to provide facilities exceeding those required by Section 17-3.3.040, including a requirement for lighting, stairways, ramps, and midblock pedestrian access ways (e.g., to break up an otherwise long block) to ensure reasonably safe, direct, and convenient pedestrian circulation. Development in the right-of-way shall be approved by the City Engineer.
5.
Buildings placed at a block corner shall have a primary entrance oriented to the block corner. That entrance shall be located no more than 20 feet from the corner, as measured from the street curb and shall have a direct and convenient pedestrian walkway connecting to the corner side-walk.
6.
All buildings shall orient to a street, pursuant to subsection B. Where it is not practical to orient all buildings to streets due to existing parcel configuration or a similar site constraints, buildings may orient to a "shopping street" providing, at a minimum, on-street parking (parallel or angled parking), 10-foot sidewalks (which shall include a four-foot zone for street trees and furnishings such as benches and other street furniture), and pedestrian-scale lighting. Shopping street dimensions do not apply to the public right-of-way.
7.
Each building that is proposed as orienting to a shopping street shall comply with the orientation standards of subsection B in reference to the shopping street, and shall have at least one primary entrance oriented to the shopping street.
8.
Where a building fronts both a shopping street and a public street, that building shall contain at least one primary entrance oriented to each street; except that an entrance is not required where the public street is not improved with a sidewalk and the City determines that sidewalk improvements to the public street cannot be required as a condition of approval.
9.
All other provisions of this Code apply to large-format developments.
 Figure 17-3.2-7 Large-Format Developments |
D.
Primary Entrances and Windows. The following standards, as generally illustrated in Figures 17-3.2-8 and 17.3.2-9, apply to new buildings and building additions that are subject to Site Design Review. The Planning Official may approve adjustments to the standards as part of a Site Design Review approval, pursuant to Chapters 17-4.2 and 17-4.7, respectively.
1.
All Elevations of Building. Architectural designs shall address all elevations of a building. Building forms, detailing, materials, textures, and color shall to contribute to a unified design with architectural integrity. Materials used on the front façade must turn the building corners and include at least a portion of the side elevations, consistent with the overall composition and design integrity of the building.
2.
Pedestrian Entrances. Ground level entrances oriented to a street shall be at least partly transparent for natural surveillance and to encourage an inviting and successful business environment. This standard may be met by providing a door with a window or windows, a transom window above the door, or sidelights beside the door. Where ATMs or other kiosks are proposed on any street-facing elevation, they shall be visible from the street for security and have a canopy, awning, or other weather protection shelter.
3.
Corner Entrances. Buildings on corner lots are encouraged to have corner entrances. Where a corner entrance is not provided, the building plan shall provide an architectural element or detailing (e.g., tower, beveled corner, art, special trim, etc.) that accentuates the corner location.
4.
Street Level Entrances. All primary building entrances shall open to the sidewalk and shall conform to Americans with Disabilities Act (ADA) requirements, as applicable. Primary entrances above or below grade may be allowed where ADA accessibility is provided.
5.
Windows—General. Except as approved for parking structures or accessory structures, the front/street-facing elevations of buildings shall provide display windows, windowed doors, and where applicable, transom windows to express a storefront character.
6.
Storefront Windows. Storefront windows shall consist of framed picture or bay windows, which may be recessed. Framing shall consist of trim detailing such as piers or pilasters (sides), lintels or hoods (tops), and kick plates or bulkheads (base)—or similar detailing—consistent with a storefront character. The ground floor, street-facing elevation(s) of all buildings shall comprise at least 60 percent transparent windows, measured as a section extending the width of the street-facing elevation between the building base (or 30 inches above the sidewalk grade, whichever is less) and a plane 72 inches above the sidewalk grade.
7.
Defined Upper Story(ies). Building elevations shall contain detailing that visually defines street level building spaces (storefronts) from upper stories. The distinction between street level and upper floors shall be established, for example, through the use of awnings, canopies, belt course, or similar detailing, materials, or fenestration. Upper floors may have less window area than ground floors, but shall follow the vertical lines of the lower level piers and the horizontal definition of spandrels and any cornices. Upper floor window orientation shall primarily be vertical, or have a width that is no greater than height. Paired or grouped windows that, together, are wider than they are tall, shall be visually divided to express the vertical orientation of individual windows.
8.
Buildings Not Adjacent to a Street. Buildings that are not adjacent to a street or a shopping street, such as those that are setback behind another building and those that are oriented to a civic space (e.g., internal plaza or court), shall meet the 60 percent transparency standard on all elevations abutting civic space(s) and on elevations containing a primary entrance.
9.
Side and Rear Elevation Windows. All side and rear elevations, except for zero lot line or common wall elevations, where windows are not required, shall provide not less than 30 percent transparency.
10.
Window Trim. At a minimum, windows shall contain trim, reveals, recesses, or similar detailing of not less than four inches in width or depth as applicable. The use of decorative detailing and ornamentation around windows (e.g., corbels, medallions, pediments, or similar features) is encouraged.
11.
Projecting Windows, Display Cases. Windows and display cases shall not break the front plane of the building (e.g., projecting display boxes are discouraged). For durability and aesthetic reasons, display cases, when provided, shall be flush with the building façade (not affixed to the exterior) and integrated into the building design with trim or other detailing. Window flower boxes are allowed, provided they do not encroach into the pedestrian through-zone.
12.
Window Exceptions. The Planning Official may approve an exception to the above standards where existing topography makes compliance impractical. Where it is not practicable to use glass, windows for parking garages or similar structures, the building design must incorporate openings or other detailing that resembles window patterns (rhythm and scale).
 Figure 17-3.2-8 Small Commercial Building Design |
 Figure 17-3.2-9 Large Commercial/Mixed-Use Building Design |
E.
Articulation and Detailing. The following standards apply to new buildings and building additions that are subject to Site Design Review. The Planning Official may approve adjustments to the standards as part of a Site Design Review approval, pursuant to Chapters 17-4.2 and 17-4.7, respectively.
1.
Articulation. All building elevations that orient to a street or civic space shall have breaks in the wall plane (articulation) of not less than one break for every 30 feet of building length or width, as applicable, pursuant to the following standards, which are generally illustrated in Figures 17-3.2-10, 17-3.2-11, and 17-3.2-12.
a.
A "break" for the purposes of this subsection is a change in wall plane of not less than 24 inches in depth. Breaks may include, but are not limited to, an offset, recess, window reveal, pilaster, frieze, pediment, cornice, parapet, gable, dormer, eave, coursing, canopy, awning, column, building base, balcony, permanent awning or canopy, marquee, or similar architectural feature.
b.
The Planning Official through Site Design Review may approve detailing that does not meet the 24-inch break-in-wall-plane standard where it finds that proposed detailing is more consistent with the architecture of historically significant or historic-contributing buildings existing in the vicinity.
c.
Changes in paint color and features that are not designed as permanent architectural elements, such as display cabinets, window boxes, retractable and similar mounted awnings or canopies, and other similar features, do not meet the 24-inch break-in-wall-plane standard.
d.
Building elevations that do not orient to a street or civic space need not comply with the 24-inch break-in-wall-plane standard but should complement the overall building design.
2.
Change in Materials. Elevations should incorporate changes in material that define a building's base, middle, and top, as applicable, and create visual interest and relief. Side and rear elevations that do not face a street, public parking area, pedestrian access way, or plaza may utilize changes in texture and/or color of materials, provided that the design is consistent with the overall composition of the building.
3.
Horizontal Lines. New buildings and exterior remodels shall generally follow the prominent horizontal lines existing on adjacent buildings at similar levels along the street frontage. Examples of such horizontal lines include, but are not limited to: the base below a series of storefront windows, an awning or canopy line, a belt course between building stories, a cornice, or a parapet line. Where existing adjacent buildings do not meet the City's current building design standards, a new building may establish new horizontal lines.
4.
Ground Floor and Upper Floor Division. A clear visual division shall be maintained between the ground level floor and upper floors, for example, through the use of a belt course, transom, awning, canopy, or similar division.
5.
Vertical Rhythms. New construction or front elevation remodels shall reflect a vertical orientation, either through breaks in volume or the use of surface details.
 Figure 17-3.2-10 Articulation of Multi-Story Building and Typical Pedestrian Shelter |
 Figure 17-3.2-11 Articulation of Single-Story Buildings and Typical Pedestrian Shelters |
 Figure 17-3.2-12 Articulation of Horizontal Lines, Ground Floor and Upper Floor Division |
F.
Pedestrian Shelters. The following standards apply to new buildings and building additions that are subject to Site Design Review. The Planning Official may approve adjustments to the standards as part of a Site Design Review approval, pursuant to Chapters 17-4.2 and 17-4.7, respectively.
1.
Minimum Pedestrian Shelter Coverage. Permanent awnings, canopies, recesses, or similar pedestrian shelters shall be provided along at least 75 percent of the ground floor elevation(s) of a building where the building abuts a sidewalk, civic space, or pedestrian access way. Pedestrian shelters used to meet the above standard shall extend at least five feet over the pedestrian area; except that the Planning Official, through Site Design Review, may reduce the above standards where it finds that existing right-of-way dimensions, easements, or building code requirements preclude standard shelters. In addition, the above standards do not apply where a building has a ground floor dwelling, as in a mixed-use development or live-work building, and the dwelling has a covered entrance. The Planning Official shall waive the above standards if the pedestrian shelter would extend into the right-of-way and the roadway authority does not allow encroachments in the right-of-way.
2.
Pedestrian Shelter Design. Pedestrian shelters shall comply with applicable building codes, and shall be designed to be visually compatible with the architecture of a building. If mezzanine or transom windows exist, the shelter shall be below such windows where practical. Where applicable, pedestrian shelters shall be designed to accommodate pedestrian signage (e.g., blade signs), while maintaining required vertical clearance.
G.
Mechanical Equipment.
1.
Building Walls. Where mechanical equipment, such as utility vaults, air compressors, generators, antennae, satellite dishes, or similar equipment, is permitted on a building wall that abuts a public right-of-way or civic space, it shall be screened pursuant to Chapter 17-3.4. Standpipes, meters, vaults, and similar equipment need not be screened but shall not be placed on a front elevation when other practical alternatives exist; such equipment shall be placed on a side or rear elevation where practical.
2.
Rooftops. Except as provided below, rooftop mechanical units shall be set back or screened behind a parapet wall so that they are not visible from any public right-of-way or civic space. Where such placement and screening is not practicable, the Planning Official may approve painting of mechanical units in lieu of screening; such painting may consist of colors that make the equipment visually subordinate to the building and adjacent buildings, if any.
3.
Ground-Mounted Mechanical Equipment. Ground-mounted equipment, such as generators, air compressors, trash compactors, and similar equipment, shall be limited to side or rear yards and screened with fences or walls constructed of materials similar to those on adjacent buildings. Hedges, trellises, and similar plantings may also be used as screens where there is adequate air circulation and sunlight, and irrigation is provided. The City may require additional setbacks and noise attenuating equipment for compatibility with adjacent uses.
H.
Civic Space. Commercial development projects shall provide civic space pursuant to Section 17-3.2.050.
I.
Drive-Up and Drive-Through Facilities. Drive-up and drive-through facilities shall comply with the requirements of Section 17-3.2.060.
(Ord. 2017-08 §1)
§ 17-3.2.050 Civic Space and Pedestrian Amenities.
A.
Purpose. This section provides standards for civic spaces where such areas are required or provided voluntarily. Civic spaces allow for light and air circulation, visual relief, pedestrian resting areas, and opportunities for socialization in the most densely developed parts of the City. The code allows projects to meet minimum landscape area standards of Chapter 17-3.4 by providing civic space adjacent to street frontages or in courtyards or plazas between buildings, instead of with planted areas elsewhere on a lot as is typically done for residential developments.
B.
Applicability. All new commercial and mixed use developments with more than 10,000 square feet of gross leasable floor area within the Central Commercial C-1 and General Commercial C-2 zones are required to meet the standards of this section.
C.
Standards.
1.
Civic Space Standards. Except as provided by subsections C.3 and 4, at least three percent of every development site shall be designated and improved as civic space (plaza, landscaped courtyard, or similar space) that is accessible to the general public, pursuant to all of the following standards in subdivisions a through e, and as generally illustrated in Figure 17-3.2-12:
a.
The highest priority locations for civic space improvements are those with the highest pedestrian activity (e.g., street corners and pedestrian access ways), as generally illustrated.
b.
Civic spaces shall abut a public right-of-way or otherwise be connected to and visible from a public right-of-way by a sidewalk or pedestrian access way. Access ways shall be identifiable with a change in paving materials (e.g., pavers inlaid in concrete or a change in pavement scoring patterns or texture).
c.
Where public access to a civic space is not practical due to existing development patterns, physical site constraints, or other hardship presented by the applicant, the City may allow a private area, such as an outdoor eating area attached to a restaurant, in finding the project complies with the standard.
d.
All civic spaces shall have dimensions that allow for reasonable pedestrian access. For example, by extending the width of an existing sidewalk by four feet, a developer might provide space for an outdoor eating area; whereas a larger development at a street corner could meet the standard by creating a plaza adjacent to a building entrance.
2.
Pedestrian Improvements in Civic Spaces. Except as provided by subsections C.3 and 4, where this section requires the provision of civic space, such space shall be improved with pedestrian amenities, pursuant to the following standards in subdivisions a through e:
a.
Pedestrian amenities shall be provided in an amount equal to or greater than one-half of one percent of the estimated construction cost of the proposed building(s). A licensed architect, landscape architect, or other qualified professional, shall prepare cost estimates for civic space improvements, which shall be subject to review and approval by the Planning Official.
b.
Pedestrian amenities include plaza surfaces (e.g., pavers, landscapes, etc.), sidewalk extensions (e.g., with outdoor café space), street furnishings (e.g., benches, public art, pedestrian scale lighting, water fountains, trash receptacles, bus waiting shelters, shade structures, or others), way-finding signs, or similar amenities, as approved by the Planning Official.
c.
Where a civic space adjoins a building entrance it should incorporate a permanent weather protection canopy, awning, pergola, or similar feature, consistent with Section 17-3.2.040.F.
d.
The City may accept pedestrian amenities proposed within a public right-of-way (e.g., street corner or mid-block pedestrian access way) and grant the developer credit toward fulfilling the above improvement standard.
e.
The cost of a proposed public parking facility may be subtracted from building costs used in the assessment of civic space improvements.
 Figure 17-3.2-12 Civic Spaces |
3.
Exception for Minor Projects. Building additions and remodels are not required to provide civic space where the estimated cost of the proposed building improvement is less than 50 percent of the existing assessed value of improvements on the subject site. Cost estimates are based on those used to estimate building permit fees, or other independent and credible source, subject to review and approval by the Planning Official. Assessed values shall be the market value of record at the Clackamas County Assessor's Office.
4.
Exception for In Lieu Fee. Where the City finds that the creation of civic space is not practicable based on the project location or other relevant factors, it may accept an in lieu fee, to be paid to the City of Molalla Parks Improvement Fund, which shall be proportionate to the estimated cost of land and improvements (on-site) that otherwise would have been required. In such case, a licensed architect, landscape architect, or other qualified professional, shall prepare cost estimates for civic space improvements, which shall be subject to review and approval by the City Planning Official.
(Ord. 2017-08 §1)
§ 17-3.2.060 Drive-Up and Drive-Through Uses and Facilities.
A.
Purpose. Where drive-up or drive-through uses and facilities are allowed, they shall conform to all of the following standards, which are intended to calm traffic, provide for adequate vehicle queuing space, prevent automobile turning movement conflicts, and provide for pedestrian comfort and safety.
B.
Standards. Drive-up and drive-through facilities (i.e., driveway queuing areas, customer service windows, teller machines, kiosks, drop-boxes, or similar facilities) shall meet all of the following standards, as generally illustrated in Figure 17-3.2-13:
1.
The drive-up or drive-through facility shall orient to and receive access from a driveway that is internal to the development and not a street, as generally illustrated.
2.
The drive-up or drive-through portion of the establishment or drive-through window shall not be oriented to street corner.
3.
The entry into a drive-up or drive-through portion of the establishment or drive-through window shall be located a sufficient distance from a street right-of-way so as not to allow for queue into a street right-of-way during any time of the year. Applicant shall provide a section within the Traffic Impact Analysis or supply the City with a traffic engineer's report demonstrating that the drive-up or drive-through will have no impact to the street right-of-way.
4.
Drive-up and drive-through queuing areas shall be designed so that vehicles will not obstruct any street, fire lane, walkway, bike lane, or sidewalk.
5.
In the General Commercial C-2 district, a new drive-up or drive-through facility must comply with the access control distance requirements identified in the City's Transportation System Plan in relation to existing drive-up or drive-through facilities.
 Figure 17-3.2-13 Drive-Up and Drive-Through Uses |
(Ord. 2017-08 §1)
§ 17-3.2.070 R-5 Historic District Design Standards.
A.
Applicability. The following design standards are required in the R-5 Historic Residential zone and supplement the standards found elsewhere in this Code. Where a standard in this section conflicts with another code provision, this section shall apply.
B.
Standards. All new developments, including additions and remodels to existing structures, shall conform to the early 1900s style of development, as found in "A Field Guide to American Houses" by Virginia and Lee McAlester (Knopf Doubleday, Expanded Edition, 2015).
1.
Landscape materials shall be of native species, or as approved by the Planning Official.
2.
Individual trees along walkways and along sidewalks in the internal portions of projects shall be planted in tree wells or planter boxes. These types of plantings must first be approved by the Planning Official.
3.
Open stormwater detention facilities shall be incorporated into project landscaping and open space where geographically feasible. These facilities shall be fenced, landscaped, and screened.
4.
Natural timber, brick, and/or stone shall be used on the portion of the building visible from the public right-of-way.
6.
On housing, brick and/or stone shall be used from the top of the foundation to the first floor window. In cases where exposed half floors at ground level exist, that area shall be brick but shall count toward the minimum requirement.
8.
All doors and windows shall be trimmed with timber fascia.
9.
Sidewalks may be increased beyond the width specified in the Public Works Standards and Transportation System Master Plan in order to provide outdoor seating.
10.
All single-family residences shall be set back a minimum of 15 feet.
11.
A brick look shall be incorporated into sidewalks. Stamped concrete shall be allowed.
12.
Light posts resembling the early 1900s light posts, as approved by the City, shall be used within the development.
13.
Alleys are intended for pedestrian use. Alleys shall not have sidewalks or pedestrian access ways. All garage access shall occur off of alleys on new development or remodels.
14.
Where alleys are available, all garages shall be built off the alleys.
15.
Porches/Covered Entries. All residential development shall have a front porch. In the case of single-family residences, porches shall meet the following standards:
(Ord. 2017-08 §1)
§ 17-3.3.010 Purpose.
Chapter 17-3.3 contains standards for vehicular and pedestrian access, circulation, and connectivity. The standards promote safe, reasonably direct, and convenient options for walking and bicycling, while accommodating vehicle access to individual properties, as needed.
(Ord. 2017-08 §1)
§ 17-3.3.020 Applicability.
Chapter 17-3.3 applies to new development and changes in land use necessitating a new or modified street or highway connection. Except where the standards of a roadway authority other than the City supersede City standards, Chapter 17-3.3 applies to all connections to a street or highway, and to driveways and walkways. The Planning Official, through a Type II procedure, may grant adjustments to Chapter 17-3.3, pursuant to the criteria of Chapter 17-4.7 Adjustments and Variances. For street improvement requirements, refer to Section 17-3.6.020.
(Ord. 2017-08 §1)
§ 17-3.3.030 Vehicular Access and Circulation.
A.
Purpose and Intent. Section 17-3.3.030 implements the street access policies of the City of Molalla Transportation System Plan. It is intended to promote safe vehicle access and egress to properties, while maintaining traffic operations in conformance with adopted standards. "Safety," for the purposes of this chapter, extends to all modes of transportation.
B.
Permit Required. Vehicular access to a public street (e.g., a new or modified driveway connection to a street or highway) requires an approach permit approved by the applicable roadway authority.
C.
Traffic Study Requirements. The City, in reviewing a development proposal or other action requiring an approach permit, may require a traffic impact analysis, pursuant to Section 17-3.6.020, to determine compliance with this Code.
D.
Approach and Driveway Development Standards. Approaches and driveways shall conform to all of the following development standards:
1.
The number of approaches on higher classification streets (e.g., collector and arterial streets) shall be minimized; where practicable, access shall be taken first from a lower classification street.
3.
Driveways shall be paved and meet applicable construction standards. Where permeable paving surfaces are allowed or required, such surfaces shall conform to applicable Public Works Design Standards.
4.
The City Engineer may limit the number or location of connections to a street, or limit directional travel at an approach to one-way, right-turn only, or other restrictions, where the roadway authority requires mitigation to alleviate safety or traffic operations concerns.
5.
Where the spacing standards of the roadway authority limit the number or location of connections to a street or highway, the City Engineer may require a driveway extend to one or more edges of a parcel and be designed to allow for future extension and inter-parcel circulation as adjacent properties develop. The City Engineer may also require the owner(s) of the subject site to record an access easement for future joint use of the approach and driveway as the adjacent property(ies) develop(s).
6.
Where applicable codes require emergency vehicle access, approaches and driveways shall be designed and constructed to accommodate emergency vehicle apparatus and shall conform to applicable fire protection requirements. The City Engineer may restrict parking, require signage, or require other public safety improvements pursuant to the recommendations of an emergency service provider.
7.
As applicable, approaches and driveways shall be designed and constructed to accommodate truck/trailer-turning movements.
8.
Except where the City Engineer and roadway authority, as applicable, permit an open access with perpendicular or angled parking, driveways shall accommodate all projected vehicular traffic on-site without vehicles stacking or backing up onto a street.
9.
Driveways shall be designed so that vehicle areas, including, but not limited to, drive-up and drive-through facilities and vehicle storage and service areas, do not obstruct any public right-of-way.
10.
Approaches and driveways shall not be wider than necessary to safely accommodate projected peak hour trips and turning movements, and shall be designed to minimize crossing distances for pedestrians.
11.
As it deems necessary for pedestrian safety, the City Engineer, in consultation with the roadway authority, as applicable, may require that traffic-calming features, textured driveway surfaces (e.g., pavers or similar devices), curb extensions, signage or traffic control devices, or other features, be installed on or in the vicinity of a site as a condition of development approval.
12.
Construction of approaches along acceleration or deceleration lanes, and along tapered (reduced width) portions of a roadway, shall be avoided; except where no reasonable alternative exists and the approach does not create safety or traffic operations concern.
13.
Approaches and driveways shall be located and designed to allow for safe maneuvering in and around loading areas, while avoiding conflicts with pedestrians, parking, landscaping, and buildings.
14.
Where sidewalks or walkways occur adjacent to a roadway, driveway aprons constructed of concrete shall be installed between the driveway and roadway edge. The roadway authority may require the driveway apron be installed outside the required sidewalk or walkway surface, consistent with Americans with Disabilities Act (ADA) requirements, and to manage surface water runoff and protect the roadway surface.
15.
Where an accessible route is required pursuant to ADA, approaches and driveways shall meet accessibility requirements where they coincide with an accessible route.
16.
The City Engineer may require changes to the proposed configuration and design of an approach, including the number of drive aisles or lanes, surfacing, traffic-calming features, allowable turning movements, and other changes or mitigation, to ensure traffic safety and operations.
17.
Where a new approach onto a state highway or a change of use adjacent to a state highway requires ODOT approval, the applicant is responsible for obtaining ODOT approval. The City Engineer may approve a development conditionally, requiring the applicant first obtain required ODOT permit(s) before commencing development, in which case the City will work cooperatively with the applicant and ODOT to avoid unnecessary delays.
18.
Where an approach or driveway crosses a drainage ditch, canal, railroad, or other feature that is under the jurisdiction of another agency, the applicant is responsible for obtaining all required approvals and permits from that agency prior to commencing development.
19.
Where a proposed driveway crosses a culvert or drainage ditch, the City Engineer may require the developer to install a culvert extending under and beyond the edges of the driveway on both sides of it, pursuant to applicable Public Works Design Standards.
20.
Except as otherwise required by the applicable roadway authority or waived by the City Engineer temporary driveways providing access to a construction site or staging area shall be paved or graveled to prevent tracking of mud onto adjacent paved streets.
21.
Development that increases impervious surface area shall conform to the storm drainage and surface water management requirements of Section 17-3.6.050.
E.
Approach Separation from Street Intersections. Except as provided by subsection H, minimum distances shall be maintained between approaches and street intersections consistent with the current version of the Public Works Design Standards and Transportation System Plan.
F.
Approach Spacing. Except as provided by subsection H or as required to maintain street operations and safety, the following minimum distances shall be maintained between approaches consistent with the current version of the Public Works Design Standards and Transportation System Plan.
 Figure 17-3.3-1 Approach Spacing |
G.
Vision Clearance. No visual obstruction (e.g., sign, structure, solid fence, or shrub vegetation) greater than 2.5 feet in height shall be placed in "vision clearance areas" at street intersections.. The minimum vision clearance area may be modified by the Planning Official through a Type I procedure, upon finding that more or less sight distance is required (i.e., due to traffic speeds, roadway alignment, etc.). Placement of light poles, utility poles, and tree trunks should be avoided within vision clearance areas.
 Figure 17-3.3-2 Vision Clearance |
H.
Exceptions and Adjustments. The City Engineer may approve adjustments to the spacing standards of subsections E and F, above, where an existing connection to a City street does not meet the standards of the roadway authority and the proposed development moves in the direction of code compliance. The Planning Official through a Type II procedure may also approve a deviation to the spacing standards on City streets where it finds that mitigation measures, such as consolidated access (removal of one access), joint use driveways (more than one property uses same access), directional limitations (e.g., one-way), turning restrictions (e.g., right-in/right-out only), or other mitigation alleviate all traffic operations and safety concerns.
I.
Joint Use Access Easement and Maintenance Agreement. Where the City approves a joint use driveway, the property owners shall record an easement with the deed allowing joint use of and cross access between adjacent properties. The owners of the properties agreeing to joint use of the driveway shall record a joint maintenance agreement with the deed, defining maintenance responsibilities of property owners. The applicant shall provide a fully executed copy of the agreement to the City for its records, but the City is not responsible for maintaining the driveway or resolving any dispute between property owners.
(Ord. 2017-08 §1)
§ 17-3.3.040 Pedestrian Access and Circulation.
A.
Purpose and Intent. Section 17-3.3.040 implements the pedestrian access and connectivity policies of the City of Molalla Transportation System. It is intended to provide for safe, reasonably direct, and convenient pedestrian access and circulation.
B.
Standards. Developments shall conform to all of the following standards for pedestrian access and circulation as generally illustrated in Figure 17-3.3-3:
1.
Continuous Walkway System. A pedestrian walkway system shall extend throughout the development site and connect to adjacent sidewalks, if any, and to all future phases of the development, as applicable.
2.
Safe, Direct, and Convenient. Walkways within developments shall provide safe, reasonably direct, and convenient connections between primary building entrances and all adjacent parking areas, recreational areas, playgrounds, and public rights-of-way conforming to the following standards:
a.
The walkway is reasonably direct when it follows a route that does not deviate unnecessarily from a straight line or it does not involve a significant amount of out-of-direction travel.
b.
The walkway is designed primarily for pedestrian safety and convenience, meaning it is reasonably free from hazards and provides a reasonably smooth and consistent surface and direct route of travel between destinations. The Planning Official may require landscape buffering between walkways and adjacent parking lots or driveways to mitigate safety concerns.
3.
Vehicle/Walkway Separation. Except as required for crosswalks, per subsection 4, below, where a walkway abuts a driveway or street it shall be raised six inches and curbed along the edge of the driveway or street. Alternatively, the Planning Official may approve a walkway abutting a driveway at the same grade as the driveway if the walkway is physically separated from all vehicle-maneuvering areas. An example of such separation is a row of bollards (designed for use in parking areas) with adequate minimum spacing between them to prevent vehicles from entering the walkway.
4.
Crosswalks. Where a walkway crosses a parking area or driveway ("crosswalk"), it shall be clearly marked with contrasting paving materials (e.g., pavers, light-color concrete inlay between asphalt, or similar contrasting material). The crosswalk may be part of a speed table to improve driver-visibility of pedestrians. Painted or thermo-plastic striping and similar types of non-permanent applications are discouraged, but may be approved for lesser used crosswalks not exceeding 24 feet in length.
5.
Walkway Width and Surface. Walkways, including access ways required for subdivisions pursuant to Chapter 17-4.3, shall be constructed of concrete, asphalt, brick or masonry pavers, or other durable surface, as approved by the City Engineer, and not less than six feet wide. Multi-use paths (i.e., designed for shared use by bicyclists and pedestrians) shall be concrete or asphalt and shall conform to the current version of the Public Works Design Standards and Transportation System Plan.
6.
Walkway Construction (Private). Walkway surfaces may be concrete, asphalt, brick or masonry pavers, or other City-approved durable surface meeting ADA requirements. Walkways shall be not less than six feet in width in commercial and mixed use developments and where access ways are required for subdivisions under Division IV.
7.
Multi-Use Pathways. Multi-use pathways, where approved, shall be a minimum width and constructed of materials consistent with the current version of the Public Works Design Standards and Transportation System Plan.
 Figure 17-3.3-3 Access and Circulation |
(Ord. 2017-08 §1)
§ 17-3.4.010 Purpose.
Chapter 17-3.4 contains standards for landscaping and screening, fences, and accessory walls, and outdoor lighting. The regulations are intended to protect public health, safety, and welfare by reducing development impacts (e.g., glare, noise, and visual impacts) on adjacent uses; minimizing erosion; slowing the rate of surface water runoff, thereby reducing infrastructure costs; buffering pedestrians from vehicle maneuvering areas; cooling buildings and parking lots in summer months with shade; and enhancing the City's appearance.
(Ord. 2017-08 §1)
§ 17-3.4.020 Applicability.
A.
Section 17-3.4.030 establishes design standards for landscaping and screening. Projects requiring Site Design Review or Land Division approval shall meet the landscape standards of the applicable zone, including the standards in Tables 17-2.2.040.D and 17-2.2.040.E and any Special Use requirements under Chapter 17-2.3, and the requirements of Section 17-3.4.030. Property owners are required to maintain landscaping and screening pursuant to Section 17-3.4.030.G.
B.
Section 17-3.4.040 establishes design standards for when a fence, or a wall not attached to a building, is to be erected, extended, or otherwise altered. It also applies to situations where this Code requires screening or buffering (e.g., outdoor or unenclosed storage uses). The standards of Section 17-3.4.040 supplement the development standards in Tables 17-2.2.030 and 17-2.2.040 and any applicable Special Use requirements under Chapter 17-2.3.
C.
Section 17-3.4.050, Outdoor Lighting, applies to all new outdoor lighting, i.e., lighting that is installed after November 10, 2017.
(Ord. 2017-08 §1)
§ 17-3.4.030 Landscaping and Screening.
A.
General Landscape Standard. All portions of a lot not otherwise developed with buildings, accessory structures, vehicle maneuvering areas, or parking shall be landscaped.
B.
Minimum Landscape Area. All lots shall conform to the minimum landscape area standards of the applicable zoning district, as contained in Tables 17-2.2.040.D and 17-2.2.040.E. The Planning Official, consistent with the purposes in Section 17-3.4.010, may allow credit toward the minimum landscape area for existing vegetation that is retained in the development.
C.
Plant Selection. A combination of deciduous and evergreen 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, among other factors. When new vegetation is planted, soils shall be amended and irrigation shall be provided, as necessary, to allow for healthy plant growth. The selection of plants shall be based on all of the following standards and guidelines:
1.
Use plants that are appropriate to the local climate, exposure, and water availability. The presence of utilities and drainage conditions shall also be considered.
2.
Plant species that do not require irrigation once established (naturalized) are preferred over species that require irrigation.
3.
Trees shall be not less than two-inch caliper for street trees and one and one-half-inch caliper for other trees at the time of planting. Trees to be planted under or near power lines shall be selected so as to not conflict with power lines at maturity.
4.
Shrubs shall be planted from five-gallon containers, minimum, where they are for required screens or buffers, and two-gallon containers minimum elsewhere.
5.
Shrubs shall be spaced in order to provide the intended screen or canopy cover within two years of planting.
6.
All landscape areas, whether required or not, that are not planted with trees and shrubs or covered with allowable non-plant material, shall have ground cover plants that are sized and spaced to achieve plant coverage of not less than 75 percent at maturity.
7.
Bark dust, chips, aggregate, or other non-plant ground covers may be used, but shall cover not more than 35 percent of any landscape area. Non-plant ground covers cannot be a substitute for required ground cover plants.
8.
Where stormwater retention or detention, or water quality treatment facilities are proposed, they shall meet the requirements of the current version of the Public Works Design Standards.
9.
Existing mature trees that can thrive in a developed area and that do not conflict with other provisions of this Code shall be retained where specimens are in good health, have desirable aesthetic characteristics, and do not present a hazard.
10.
Landscape plans shall avoid conflicts between plants and buildings, streets, walkways, utilities, and other features of the built environment.
11.
Evergreen plants shall be used where a sight-obscuring landscape screen is required.
12.
Deciduous trees should be used where summer shade and winter sunlight is desirable.
13.
Landscape plans should provide focal points within a development, for example, by preserving large or unique trees or groves or by using flowering plants or trees with fall color.
14.
Landscape plans should use a combination of plants for seasonal variation in color and yearlong interest.
15.
Where plants are used to screen outdoor storage or mechanical equipment, the selected plants shall have growth characteristics that are compatible with such features.
16.
Landscape plans shall provide for both temporary and permanent erosion control measures, which shall include plantings where cuts or fills, including berms, swales, stormwater detention facilities, and similar grading, is proposed.
17.
When new vegetation is planted, soils shall be amended and irrigation provided, as necessary, until the plants are naturalized and able to grow on their own.
D.
Central Commercial C-1 District Streetscape Standard. Developers of projects within the Central Commercial C-1 zoning district can meet the landscape area requirement of subsection B, in part, by installing street trees in front of their projects. The Planning Official shall grant credit toward the landscape area requirement using a ratio of 1:1, where one square foot of planted area (e.g., tree well or planter surface area) receives one square foot of credit. The Planning Official may grant additional landscape area credit by the same ratio where the developer widens the sidewalk or creates a plaza or other civic space pursuant to Section 17-3.2.050.
E.
Parking Lot Landscaping. All of the following standards shall be met for parking lots. If a development contains multiple parking lots, then the standards shall be evaluated separately for each parking lot.
1.
A minimum of 10 percent of the total surface area of all parking areas, as measured around the perimeter of all parking spaces and maneuvering areas, shall be landscaped. Such landscaping shall consist of shade trees distributed throughout the parking area. A combination of deciduous and evergreen trees, shrubs, and ground cover plants is required. The trees shall be planned so that they provide a partial canopy cover over the parking lot within five years. At a minimum, one tree per 12 parking spaces on average shall be planted over and around the parking area.
2.
All parking areas with more than 20 spaces shall provide landscape islands with trees that break up the parking area into rows of not more than 10 contiguous parking spaces. Landscape islands and planters shall have dimensions of not less than 48 square feet of area and no dimension of less than six feet, to ensure adequate soil, water, and space for healthy plant growth.
3.
All required parking lot landscape areas not otherwise planted with trees must contain a combination of shrubs and groundcover plants so that, within two years of planting, not less than 50 percent of that area is covered with living plants.
4.
Wheel stops, curbs, bollards, or other physical barriers are required along the edges of all vehicle-maneuvering areas to protect landscaping from being damaged by vehicles. Trees shall be planted not less than two feet from any such barrier.
5.
Trees planted in tree wells within sidewalks or other paved areas shall be installed with root barriers, consistent with applicable nursery standards.
F.
Screening Requirements. Screening is required for outdoor storage areas, unenclosed uses, and parking lots, and may be required in other situations as determined by the Planning Official. Landscaping shall be provided pursuant to the standards of subsections F.1 through 3. (See also Figure 17-3.4-4.)
1.
Outdoor Storage and Unenclosed Uses. All areas of a site containing or proposed to contain outdoor storage of goods, materials, equipment, and vehicles (other than required parking lots and service and delivery areas, per Site Design Review), and areas containing junk, salvage materials, or similar contents, shall be screened from view from adjacent rights-of-way and residential uses by a sight-obscuring fence, wall, landscape screen, or combination of screening methods. See also Section 17-3.4.040 for related fence and wall standards.
2.
Parking Lots. The edges of parking lots shall be screened to minimize vehicle headlights shining into adjacent rights-of-way and residential yards. Parking lots abutting a sidewalk or walkway shall be screened using a low-growing hedge or low garden wall to a height of between three feet and four feet.
3.
Other Uses Requiring Screening. The Planning Official may require screening in other situations as authorized by this Code, including, but not limited to, outdoor storage areas, blank walls, Special Uses pursuant to Chapter 17-2.3, flag lots, and as mitigation where an applicant has requested an adjustment pursuant to Chapter 17-4.7.
G.
Maintenance. All landscaping shall be maintained in good condition, or otherwise replaced by the property owner.
 Figure 17-3.4-4 Screening Requirements |
(Ord. 2017-08 §1)
§ 17-3.4.040 Fences and Walls.
A.
Purpose. This section provides general development standards for fences, and walls that are not part of a building, such as screening walls and retaining walls.
B.
Applicability. Section 17-3.4.040 applies to all fences, and to walls that are not part of a building, including modifications to existing fences and walls.
C.
Height.
1.
Residential Zones. Fences and freestanding walls (i.e., exclusive of building walls) for residential uses shall not exceed the following heights above grade, where grade is measured from the base of the subject fence or wall.
a.
Within Front or Street-Facing Side Yard Setback. Four feet; except the following additional height is allowed:
(1)
A fence may be constructed to a maximum height of six feet where it is located on a street-facing side yard.
(2)
A fence may be constructed to a maximum height of six feet where the fence is of open chain link or other "see-through" composition that allows 90 percent light transmission.
(3)
One incidental garden structure (e.g., arbor or gate) not exceeding eight feet in height and six feet in width is allowed within a front or street-facing yard provided it does not encroach into a required vision clearance area.
b.
Within an Interior Side or Rear Yard Setback. Six feet; except the fence or wall height, as applicable, shall not exceed the distance from the fence or wall line to the nearest primary structure on an adjacent property.
2.
Non-Residential Zones. Fences and freestanding walls (i.e., exclusive of building walls) for non-residential uses shall not exceed the following height above grade, where grade is measured from the base of the subject fence or wall.
a.
Within Front or Street-Facing Side Yard Setback. Four feet, except the following additional height is allowed for properties located within an industrial, public, or institutional zone:
(1)
Where approved by the City Planning Official, a fence constructed of open chain link or other "see-through" composition that allows 90 percent light transmission may reach a height of up to eight feet.
b.
Within an Interior Side or Rear Yard Setback. Eight feet; except the fence or wall height, as applicable, shall not exceed the distance from the fence or wall line to the nearest primary structure on an adjacent property.
3.
All Zones. Fences and walls shall comply with the vision clearance standards of Section 17-3.3.030.G. Other provisions of this Code, or the requirements of the roadway authority, may limit allowable height of a fence or wall below the height limits of this section.
D.
Materials. Prohibited fence and wall materials include straw bales, tarps, barbed or razor wire (except in the M-2 Heavy Industrial zone); scrap lumber, untreated wood (except cedar or redwood), corrugated metal, sheet metal, scrap materials; dead, diseased, or dying plants; and materials similar to those listed herein.
E.
Permitting. A Type I approval is required to install a fence of six feet or less in height, or a wall that is four feet or less in height. All other walls and fences require review and approval by the Planning Official through a Type II procedure. The Planning Official may require installation of walls or fences as a condition of approval for development, as provided by other Code sections. A building permit may be required for some fences and walls, pursuant to applicable building codes. Walls greater than four feet in height shall be designed by a Professional Engineer licensed in the State of Oregon.
F.
Maintenance. Fences and walls shall be maintained in good condition, or otherwise replaced by the property owner.
(Ord. 2017-08 §1)
§ 17-3.4.050 Outdoor Lighting.
A.
Purpose. This section contains regulations requiring adequate levels of outdoor lighting while minimizing negative impacts of light pollution.
B.
Applicability. All outdoor lighting shall comply with the standards of this section.
C.
Standards.
1.
Light poles, except as required by a roadway authority or public safety agency, shall not exceed a height of 20 feet; pedestal- or bollard-style lighting shall be used to illuminate walkways. Flag poles, utility poles, and streetlights are exempt from this requirement.
2.
Where a light standard is placed over a sidewalk or walkway, a minimum vertical clearance of eight feet shall be maintained.
3.
Outdoor lighting levels shall be subject to review and approval through Site Design Review. As a guideline, lighting levels shall be no greater than necessary to provide for pedestrian safety, property or business identification, and crime prevention.
4.
Except as provided for up-lighting of flags and permitted building-mounted signs, all outdoor light fixtures shall be directed downward, and have full cutoff and full shielding to preserve views of the night sky and to minimize excessive light spillover onto adjacent properties.
5.
Lighting shall be installed where it will not obstruct public ways, driveways, or walkways.
6.
Walkway lighting in private areas shall have a minimum average illumination of not less than 0.2 foot-candles. Lighting along public walkways shall meet the current version of the Public Works Design Standards and AASHTO lighting requirements.
7.
Active building entrances shall have a minimum average illumination of not less than two foot-candles.
8.
Surfaces of signs shall have an illumination level of not more than two foot-candles.
9.
Parking lots and outdoor services areas, including quick vehicle service areas, shall have a minimum illumination of not less than 0.2 foot-candles, average illumination of approximately 0.8 foot-candles, and a uniformity ratio (maximum-to-minimum ratio) of not more than 20:1.
10.
Where illumination grid lighting plans cannot be reviewed or if fixtures do not provide photometrics and bulbs are under 2,000 lumens, use the following guidelines:
11.
Where a light standard is placed within a walkway, an unobstructed pedestrian through zone not less than 48 inches wide shall be maintained.
12.
Lighting subject to this section shall consist of materials approved for outdoor use and shall be installed according to the manufacturer's specifications.
D.
Permitting. A Type I approval is required to install or replace outdoor lighting. The Planning Official may require lighting as a condition of approval for some projects, pursuant to other Code requirements.
E.
Maintenance. For public health and safety, outdoor lighting shall be maintained in good condition, or otherwise replaced by the property owner.
(Ord. 2017-08 §1)
§ 17-3.5.010 Purpose.
Chapter 17-3.5 contains requirements for automobile and bicycle parking. This Code is intended to be flexible in requiring adequate parking, rather than a minimum number of parking spaces, for each use. It provides standards for the location, size, and design of parking areas to ensure such areas can be accessed safely and efficiently. This Code also encourages non-motorized transportation by requiring bicycle parking for some uses.
(Ord. 2017-08 §1)
§ 17-3.5.020 Applicability and General Regulations.
A.
Where the Regulations Apply. The regulations of this chapter apply to all parking areas in all zones, at all times, whether parking is required by this Code or put in for the convenience of property owners or users.
B.
Occupancy. All required parking areas must be developed in accordance with the requirements of this Code prior to occupancy of any structure on the subject site. Where landscaping, screening, or other improvements are required pursuant to this Code, all such improvements must be installed and approved by the Planning Official prior to occupancy.
C.
Calculations of Amounts of Required and Allowed Parking.
1.
When computing parking spaces based on floor area, parking structures and non-leasable floor spaces, such as storage closets, mechanical equipment rooms, and similar spaces, are not counted.
2.
The number of parking spaces is computed based on the primary uses on the site except as stated in subsection C.3. When there are two or more separate primary uses on a site, the minimum and maximum parking for the site is the sum of the required or allowed parking for the individual primary uses. For shared parking, see Section 17-3.5.030.D.
3.
When more than 50 percent of the floor area on a site is in an accessory use, the required or allowed parking is calculated separately for the accessory use. An example would be a 10,000 square foot building with a 7,000 square foot warehouse and a 3,000 square foot accessory retail area. The minimum and maximum parking would be computed separately for the retail and warehouse uses.
4.
Required parking spaces periodically used for the storage of equipment or goods may be counted toward meeting minimum parking standards, provided that such storage is an allowed use under Section 17-2.2.030, and is permitted as a Temporary Use under Section 17-2.3.160.
D.
Use of Required Parking Spaces. Except as otherwise provided by this section, required parking spaces must be available for residents, customers, or employees of the use. Fees may be charged for the use of required parking spaces. Required parking spaces may not be assigned in any way to a use on another site, except for shared parking pursuant to Section 17-3.5.030.D.
E.
Proximity of Parking to Use. Required parking spaces for residential uses must be located on the site of the use or on a parcel or tract owned in common by all the owners of the properties that will use the parking area. Required parking spaces for nonresidential uses must be located on the site of the use or in a parking area that has its closest pedestrian access point within 800 feet of the site.
F.
Improvement of Parking Areas. Motorized vehicle parking is allowed only on streets with an improved shoulder of sufficient width; within garages, carports, and other approved structures; and on driveways or parking lots that have been developed in conformance with this Code. For applicable design standards, see Chapter 17-3.2 Building Orientation and Design; Chapter 17-3.3 Access and Circulation; Chapter 17-3.4 Landscaping, Fences and Walls, Outdoor Lighting and Chapter 17-3.6 Public Facilities.
(Ord. 2017-08 §1)
§ 17-3.5.030 Automobile Parking.
A.
Minimum Number of Off-Street Automobile Parking Spaces. Except as provided by this subsection A, or as required for Americans with Disabilities Act compliance under subsection G, off-street parking shall be provided pursuant to one of the following three standards:
1.
The standards in Table 17-3.5.030.A;
2.
A standard from Table 17-3.5.030.A for a use that the Planning Official determines is similar to the proposed use; or
3.
Subsection B Exceptions, which includes a Parking Demand Analysis option.
Table 17-3.5.030.A Automobile Parking Spaces by Use | |
|---|---|
Use Categories | Minimum Parking per Land Use |
(Chapter 17-5 contains examples of uses and definitions.) | (Fractions are rounded down to the closest whole number.) |
Residential Categories | |
Household Living | |
Single-Family Dwelling, including manufactured homes on lots | 1 space per dwelling |
Duplex | 3 spaces per duplex |
Accessory Dwelling (second dwelling on a single-family lot) | 1 space total for primary dwelling and accessory dwelling |
Multifamily | 1.5 spaces for a 1-bedroom unit |
2 spaces for a 2-bedroom unit | |
2.5 spaces for 3 bedrooms or more | |
Group Living, such as nursing or convalescent homes, rest homes, assisted living, congregate care, and similar special needs housing | 0.5 space per 4 bedrooms |
Commercial Categories | |
Commercial Outdoor Recreation | per Conditional Use Permit review (Chapter 17-4.4) |
Bed and Breakfast Inn | 1 space per use, plus 1 space for each bedroom offered as lodging |
Educational Services, not a school (e.g., tutoring or similar services) | 1 space per 300 sq. ft. floor area |
Entertainment, Major Event | per Conditional Use Permit review (Chapter 17-4.4) |
Hotels, Motels, and similar uses | 0.75 space per guest room. See also parking requirements for associated uses, such as restaurants, entertainment uses, drinking establishments, assembly facilities. |
Mortuary or Funeral Home | 1 space per 300 sq. ft. floor area |
Offices | General Office: 1 space per 500 sq. ft. floor area |
Medical or Dental Office: 1 space per 500 sq. ft. floor area | |
Outdoor Recreation, Commercial | per Conditional Use Permit review (Chapter 17-4.4) |
Surface Parking Lot, when not accessory to a permitted use | per Conditional Use Permit review (Chapter 17-4.4) |
Quick Vehicle Servicing or Vehicle Repair | 2 spaces, excluding vehicle service or queuing area, or per Conditional Use Permit review (Chapter 17-4.4) |
Retail Sales and Commercial Service | Bank: 1 space per 300 sq. ft. floor area |
Retail: 1 space per 400 sq. ft. floor area, except 1 space per 1,000 sq. ft. for bulk retail (e.g., auto sales, nurseries, lumber and construction materials, furniture, appliances, and similar sales) | |
Restaurants and Bars: 1 space per 200 sq. ft. floor area | |
Health Clubs, Gyms, Continuous Entertainment (e.g., bowling alleys): 1 space per 500 sq. ft. | |
Theaters and Cinemas: 1 space per 6 seats | |
Self-Service Storage | 2 spaces, plus adequate space for loading and unloading |
Industrial Categories | |
Industrial Service | 1 space per 1,000 sq. ft. of floor area |
Manufacturing and Production | 1 space per 1,000 sq. ft. of floor area; or as required by Conditional Use Permit review (Chapter 17-4.4) |
Warehouse and Freight Movement | 0.5 space per 1,000 sq. ft. of floor area; or as required by Conditional Use Permit review (Chapter 17-4.4) |
Waste-Related | per Conditional Use Permit review (Chapter 17-4.4) |
Wholesale Sales, e.g., Building Materials, Heavy Equipment, Agricultural Supplies, etc. | 1 space per 1,000 sq. ft. |
Institutional Categories | |
Basic Utilities | Parking based on applicant's projected parking demand, subject to City approval |
Community Service, including Government Offices and Services | Parking based on applicant's projected parking demand, subject to City approval, except as specifically required elsewhere in this table for individual uses (See public assembly, office, retail, housing, etc.) |
Daycare | Family Daycare: 1 space, plus required parking for dwelling |
Daycare Center: 1 space per 400 sq. ft. of floor area | |
Medical Center or Hospital | 1 space per 500 sq. ft. floor area |
Parks and Open Space | Parking based on projected parking demand for planned uses |
Public Assembly | 1 space per 75 sq. ft. of public assembly area; or as required by Conditional Use Permit (Chapter 17-4.4) |
Religious Institutions and Houses of Worship | 1 space per 75 sq. ft. of main assembly area; or as required by Conditional Use Permit (Chapter 17-4.4) |
Schools | Pre-School through Middle-School: 1 space per classroom |
High Schools: Parking based on applicant's projected parking demand, subject to City approval. A Transportation Demand Management Plan is also required. | |
Colleges: 1 space per 400 sq. ft. of floor area exclusive of dormitories, plus 1 space per 2 dorm rooms. A Transportation Demand Management Plan is also required. | |
Other Categories | |
Accessory Uses | Parking standards for accessory shall be based on applicant's projected parking demand, subject to City approval. |
Agriculture | None, except as required for accessory uses |
Radio Frequency Transmission Facilities | None, except as required by Conditional Use Permit (Chapter 17-4.4) |
Temporary Uses | Parking standards for temporary uses are the same as for primary uses, except that the Planning Official may reduce or waive certain development and designs standards for temporary uses |
Transportation Facilities (operation, maintenance, preservation, and construction) | None, except for park-and-ride facilities; and where temporary parking is required for construction staging areas |
B.
Carpool and Vanpool Parking Requirements.
2.
Of the total spaces available for employee, student, and commuter parking, at least five percent, but not fewer than two, shall be designated for exclusive carpool and vanpool parking.
3.
Carpool and vanpool parking spaces shall be located closer to the main employee, student or commuter entrance than all other parking spaces with the exception of ADA parking spaces.
4.
Required carpool/vanpool spaces shall be clearly marked "Reserved—Carpool/Vanpool Only."
C.
Exceptions and Reductions to Off-Street Parking.
1.
There is no minimum number of required automobile parking spaces for uses within the Central Commercial C-1 zone.
2.
The applicant may propose a parking standard that is different than the standard under subsections A.1 and 2, for review and action by the Planning Official through a Type I or II procedure. The applicant's proposal shall consist of a written request and a parking analysis prepared by a qualified professional. The parking analysis, at a minimum, shall assess the average parking demand and available supply for existing and proposed uses on the subject site; opportunities for shared parking with other uses in the vicinity; existing public parking in the vicinity; transportation options existing or planned near the site, such as frequent bus service, carpools, or private shuttles; and other relevant factors. This parking analysis applies to a request in the reduction or an increase in parking ratios.
3.
The Planning Official, through a Type II procedure, may reduce the off-street parking standards of Table 17-3.5.030.A for sites with one or more of the following features:
a.
Sites containing or adjacent to a bus stop with frequent transit service, whose frontage is improved with a bus stop waiting shelter consistent with the standards of the applicable transit provider, are allowed a 20 percent reduction to the standard number of automobile parking spaces.
b.
Space being dedicated for a transit facility such as a park-and-ride, bus pull-out, or other transit facility: Allow up to a 10 percent reduction in the number of automobile parking spaces.
c.
Site has dedicated parking spaces for carpool or vanpool vehicles: Allow up to a 10 percent reduction to the standard number of automobile parking spaces.
d.
Site has dedicated parking spaces for motorcycles, scooters, or electric carts: Allow reductions to the standard dimensions for parking spaces.
e.
Site has more than the minimum number of required bicycle parking spaces: Allow up to a 10 percent reduction to the number of automobile parking spaces.
f.
Site has off-street parking or other public parking in the vicinity of the site.
4.
The number of required off-street parking spaces may be reduced through the provision of shared parking, pursuant to subsection E.
5.
The Planning Official through a Type I procedure may reduce the off-street parking standards of Table 3.5.030.A by one parking space for every two on-street parking spaces located adjacent to the subject site, provided the parking spaces meet the dimensional standards of subsection F.
6.
The Planning Official, through a Type I procedure, may allow property owners of existing non-residential development to replace up to 10 percent of existing parking spaces with bus shelters and other pedestrian and transit amenities located adjacent to streets with existing or planned transit routes.
D.
Maximum Number of Off-Street Automobile Parking Spaces. The maximum number of off-street automobile parking spaces allowed per site equals the minimum number of required spaces for the use pursuant to Table 17-3.5.030.A, times a factor of:
E.
Shared Parking. Required parking facilities for two 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 versus nighttime nature; weekday uses versus weekend uses), and provided that the right of joint use is evidenced by a recorded deed, lease, contract, or similar written instrument establishing the joint use. Shared parking requests shall be subject to review and approval through a Type I Review.
F.
Parking Stall Design and Minimum Dimensions. Where a new off-street parking area is proposed, or an existing off-street parking area is proposed for expansion, the entire parking area shall be improved in conformance with this Code. At a minimum the parking spaces and drive aisles shall be paved with asphalt, concrete, or other City-approved materials, provided the Americans with Disabilities Act requirements are met, and shall conform to the minimum dimensions in Table 17-3.5.030.F and the figures below. All off-street parking areas shall contain wheel stops, perimeter curbing, bollards, or other edging as required to prevent vehicles from damaging buildings or encroaching into walkways, side-walks, landscapes, or the public right-of-way. Parking areas shall also provide for surface water management, pursuant to Section 17-3.6.050.
Table 17-3.5.030.F Parking Area Minimum Dimensions* | ||||||||
|---|---|---|---|---|---|---|---|---|
Parking Angle< ° | Curb Length | Stall Depth | Aisle Width | Bay Width | Stripe Length | |||
Single D1 | Double D2 | One Way A1 | Two Way A2 | One Way B1 | Two Way B2 | |||
90° | 8′-6″ | 18′ | 36′ | 23′ | 23′ | 59′ | 59′ | 18′ |
60° | 10′ | 20′ | 40′ | 17′ | 18′ | 57′ | 58′ | 23′ |
45° | 12′ | 18′-6″ | 37′ | 13′ | 18′ | 50′ | 55′ | 26′-6″ |
30° | 17′ | 16′-6″ | 33′ | 12′ | 18′ | 45′ | 51′ | 32′-8″ |
0° | 22′ | 8′-6″ | 17′ | 12′ | 18′ | 29′ | 35′ | 8′-6″ |
Notes: | |
|---|---|
* | See Figure 17-3.5-18. See also Chapter 17-3.2 Building Orientation and Design for parking location requirements for some types of development; Chapter 17-3.3 Access and Circulation for driveway standards; and Chapter 17-3.4 for requirements related to Landscaping, Screening, Fences, Walls, and Outdoor Lighting. |
G.
Adjustments to Parking Area Dimensions. The dimensions in subsection E are minimum standards. The Planning Official, through a Type II procedure, may adjust the dimensions based on evidence that a particular use will require more or less maneuvering area. For example, the Planning Official may approve an adjustment where an attendant will be present to move vehicles, as with valet parking. In such cases, a form of guarantee must be filed with the City ensuring that an attendant will always be present when the lot is in operation.
H.
Americans with Disabilities Act (ADA). Parking shall be provided consistent with ADA requirements, including, but not limited to, the minimum number of spaces for automobiles, van-accessible spaces, location of spaces relative to building entrances, accessible routes between parking areas and building entrances, identification signs, lighting, and other design and construction requirements.
I.
Electric Charging Stations. Charging stations for electric vehicles are allowed as an accessory use to parking areas developed in conformance with this Code, provided the charging station complies with applicable building codes and any applicable state or federal requirements.
 Figure 17-3.5-1 |
(Ord. 2017-08 §1; Ord. 2019-01 §1)
§ 17-3.5.040 Bicycle Parking.
A.
Standards. Bicycle parking spaces shall be provided with new development and, where a change of use occurs, at a minimum, shall follow the standards in Table 17-3.5.040.A. Where an application is subject to Conditional Use Permit approval or the applicant has requested a reduction to an automobile-parking standard, pursuant to Section 17-3.5.030.C, the Planning Official may require bicycle parking spaces in addition to those in Table 17-3.5.040.A.
Table 17-3.5.040.A Minimum Required Bicycle Parking Spaces | |
|---|---|
Use | Minimum Number of Spaces |
Multifamily Residential (not required for parcels with fewer than 4 dwelling units) | 2 bike spaces per 4 dwelling units |
Commercial | 2 bike spaces per primary use or 1 per 5 vehicle spaces, whichever is greater |
Industrial | 2 bike spaces per primary use or 1 per 10 vehicle spaces, whichever is greater |
Community Service | 2 bike spaces |
Parks (active recreation areas only) | 4 bike spaces |
Schools (all types) | 2 bike spaces per classroom |
Institutional Uses and Places of Worship | 2 bike spaces per primary use or 1 per 10 vehicle spaces, whichever is greater |
Transit Transfer Stations and Park-and-Ride Lots | 5 bike spaces per acre |
Other Uses | 2 bike spaces per primary use or 1 per 10 vehicle spaces, whichever is greater |
B.
Design. Bicycle parking shall consist of staple-design steel racks or other City-approved racks, lockers, or storage lids providing a safe and secure means of storing a bicycle, consistent with the Public Works Design Standards.
C.
Exemptions. This section does not apply to single-family and duplex housing, home occupations, and agricultural uses.
D.
Hazards. Bicycle parking shall not impede or create a hazard to pedestrians or vehicles, and shall be located so as to not conflict with the vision clearance standards of Section 17-3.3.030.G.
 Figure 17-3.5-19 |
(Ord. 2017-08 §1; Ord. 2019-01 §1)
§ 17-3.5.050 Loading Areas.
A.
Purpose. The purpose of Section 17-3.5.050 is to provide adequate loading areas for commercial and industrial uses that do not interfere with the operation of adjacent streets.
B.
Applicability. Section 17-3.5.050 applies to uses that are expected to have service or delivery truck visits. It applies only to uses visited by trucks with a 40-foot or longer wheelbase, at a frequency of one or more vehicles per week. The Planning Official shall determine through a Type I review the number, size, and location of required loading areas, if any.
C.
Standard. Where an off-street loading space is required, it shall be large enough to accommodate the largest vehicle that is expected to serve the use without obstructing vehicles or pedestrian traffic on adjacent streets and driveways. The Planning Official may restrict the use of other public rights-of-way, so applicants are advised to provide complete and accurate information about the potential need for loading spaces.
D.
Placement, Setbacks, and Landscaping. Loading areas shall conform to the standards of Chapter 17-3.2 Building Orientation and Design; Chapter 17-3.3 Access and Circulation; and Chapter 17-3.4 Landscaping, Fences and Walls, Outdoor Lighting. Where parking areas are prohibited between a building and the street, loading areas are also prohibited.
E.
Exceptions and Adjustments. The Planning Official, through a Type I Review, may approve a loading area adjacent to or within a street right-of-way where it finds that loading and unloading operations are short in duration (i.e., less than one hour), infrequent, do not obstruct traffic during peak traffic hours, do not interfere with emergency response services, and are acceptable to the applicable roadway authority.
(Ord. 2017-08 §1)
§ 17-3.6.010 Purpose and Applicability.
A.
Purpose. The standards of Chapter 17-3.6 implement the public facility policies of the City of Molalla Comprehensive Plan and adopted City plans.
B.
Applicability. Chapter 17-3.6 applies to all new development, including projects subject to Land Division (Subdivision or Partition) approval and developments subject to Site Design Review where public facility improvements are required. All public facility improvements within the city shall occur in accordance with the standards and procedures of this chapter. When a question arises as to the intent or application of any standard, the City Engineer shall interpret the Code pursuant to Chapter 17-1.5.
C.
Public Works Design Standards. All public facility improvements, including, but not limited to, sanitary sewer, water, transportation, surface water and storm drainage and parks projects, whether required as a condition of development or provided voluntarily, shall conform to the City of Molalla Public Works Design Standards. Where a conflict occurs between this Code and the Public Works Design Standards, the provisions of the Public Works Design Standards shall govern.
D.
Public Improvement Requirement. No building permit may be issued until all required public facility improvements are in place and approved by the City Engineer, or otherwise bonded, in conformance with the provisions of this Code and the Public Works Design Standards. Improvements required as a condition of development approval, when not voluntarily provided by the applicant, shall be roughly proportional to the impact of the development on public facilities. Findings in the development approval shall indicate how the required improvements directly relate to and are roughly proportional to the impact of development.
E.
Limitations on Public Improvement Requirement. If the applicant asserts that it cannot legally be required, as a condition of building permit or site plan approval, to provide easements, dedications, or improvements at the level otherwise required by this section, then:
1.
The building permit, site plan review, or appeal application shall include a rough proportionality report, prepared by a qualified civil or traffic engineer, as appropriate, showing:
a.
The estimated extent, on a quantitative basis, to which the improvements will be used by persons served by the building or development, whether the use is for safety or for convenience;
b.
The estimated level, on a quantitative basis, of improvements needed to meet the estimated extent of use by persons served by the building or development;
c.
The estimated impact, on a quantitative basis, of the building or development on the public infrastructure system of which the improvements will be a part;
d.
The estimated level, on a quantitative basis, of improvements needed to mitigate the estimated impact on the public infrastructure system; and
2.
The applicant shall, instead, be required to provide easements, dedications, and improvements that are roughly proportional to what is needed for the safety or convenience of persons served by the building or development, plus those additional easements, dedications, and improvements that are roughly proportional to what is needed to mitigate the impact of the building or development on the public infrastructure system of which the improvements will be a part, if the impacts are not fully mitigated by the easements, dedications, and improvements needed for the safety or convenience of persons served by the building or development.
(Ord. 2017-08 §1; Ord. 2021-06 §1)
§ 17-3.6.020 Transportation Standards.
A.
General Requirements.
1.
Except as provided by subsection A.5, existing substandard streets and planned streets within or abutting a proposed development shall be improved in accordance with the standards of Chapter 17-3.6 as a condition of development approval.
2.
All street improvements, including the extension or widening of existing streets and public access ways, shall conform to Section 17-3.6.020, and shall be constructed consistent with the City of Molalla Public Works Design Standards.
3.
All new streets shall be contained within a public right-of-way. Public access ways (e.g., pedestrian ways) may be contained within a right-of-way or a public access easement, subject to review and approval of the City Engineer.
4.
The purpose of this subsection is to coordinate the review of land use applications with roadway authorities and to implement Section 660-012-0045(2)(e) of the State Transportation Planning Rule, which requires the City to adopt a process to apply conditions to development proposals in order to minimize impacts and protect transportation facilities. The following provisions also establish when a proposal must be reviewed for potential traffic impacts; when a Transit Analysis Letter (TAL) or Traffic Impact Analysis (TIA) must be submitted with a development application in order to determine whether conditions are needed to minimize impacts to and protect transportation facilities; the required contents of a TAL/TIA; and who is qualified to prepare the analysis.
a.
Determining the Required Level of Transportation Analysis and Documentation. A Transportation Impact Analysis (TIA) is required for developments that are expected to have an impact on the transportation system. The analysis shall be based upon the latest edition of the ITE Trip Generation Manual or an agreed-upon alternative methodology where credible data is available to support the alternative methodology. When specific criteria generally associated with small developments are met, a Transportation Analysis Letter (TAL) may be substituted for the required TIA. At the discretion of the City Engineer, a TAL may satisfy the City's transportation analysis requirements, in lieu of a TIA when a development meets all the following criteria:
(1)
The development generates fewer than 25 peak hour trips during either the AM or PM peak hour. (Two examples of common developments generating fewer trips than these threshold levels are: a subdivision containing 25 or fewer single-family residences or a general office building less than 15,000 square feet.)
(2)
The development is not expected to impact intersections that currently fail to meet the City's level of service standards or intersections that are operating near the limits of the acceptable level of service thresholds during a peak operating hour.
(3)
The development is not expected to significantly impact adjacent roadways and intersections that are high accident locations, areas that contain an identified safety concern, or high concentration of pedestrians or bicyclists such as school zones.
(4)
The development generates an increase in use of adjacent streets by vehicles exceeding the 20,000-pound gross vehicle weights by less than 10 vehicles per day.
b.
Transportation Analysis Letter Contents. If the City determines, based on information provided by the applicant and in accordance with the criteria specified in Section 3.1, that a TAL is the appropriate document to submit. the following requirements shall apply.
(1)
The TAL shall be prepared by or prepared under the direct supervision of a registered professional engineer who shall sign and stamp the TAL.
(2)
The TAL shall include the following:
i.
The expected trip generation of the proposed development including the AM peak hour, the PM peak hour, daily traffic, and other germane periods as may be appropriate, together with appropriate documentation and references.
ii.
Site plan showing the location of all access driveways or private streets where they intersect with public streets plus driveways of abutting properties and driveways on the opposite side of the street from the proposed development.
iii.
Documentation that all site access driveways meet City of Molalla Private Access Driveway Width Standards.
iv.
Documentation that all site access driveways meet City of Molalla's Minimum City Street Intersection Spacing Standards.
v.
Documentation that all new site accesses and/or public street intersections meet AASHTO intersection sight distance guidelines.
vi.
Documentation that there are no inherent safety issues associated with the design and location of the site access driveways.
vii.
Documentation that the applicant has reviewed the City's TSP and that proposed streets and frontage improvements do or will comply with any applicable standards regarding the functional classification, typical sections, access management, traffic calming and other attributes as appropriate.
c.
Transportation Impact Analysis Contents. The following information shall be included in each TIA submitted to the City. Additional information specified by the City in the scoping summary or through the pre-application meeting or other project meetings shall also be included.
(1)
Completed TIA checklist signed by the professional engineer responsible for the preparation of the TIA.
(2)
Table of Contents—Listings of all sections, figures, and tables included in the report.
(3)
Executive Summary—A summary of key points, findings, conclusions, and recommendation including a mitigation plan.
(4)
Introduction, including:
(5)
Existing Conditions.
i.
Existing site conditions and adjacent land uses.
ii.
Roadway characteristics of important transportation facilities and modal opportunities located within the study area, including roadway functional classifications, street cross-section, posted speeds, bicycle and pedestrian facilities, on-street parking, and transit facilities.
iii.
Existing lane configurations and traffic control devices at the study area intersections.
iv.
Existing traffic volumes and operational analysis of the study area roadways and intersections.
v.
Roadway and intersection crash history analysis.
vi.
Intersection and stopping sight distance related to new and impacted driveways and intersections.
(7)
Full Buildout Traffic Conditions (With the Proposed Land Use Action).
i.
Description of the proposed development plans.
ii.
Trip generation characteristics of proposed project (including trip reduction documentation).
iii.
Trip distribution assumptions.
iv.
Full buildout traffic volumes and intersection operational analysis.
v.
Site circulation and parking.
vi.
Intersection and site-access driveway queuing analysis.
vii.
Recommended roadway and intersection mitigation measures (if necessary).
(8)
Conclusions and recommendations.
(9)
Appendix—With Dividers or Tabs.
i.
Traffic count summary sheets.
ii.
Crash analysis summary sheets.
iii.
Existing, background, and full buildout traffic operational analysis worksheets with detail to review capacity calculations.
iv.
Signal, left-turn, and right-turn lane warrant evaluation calculations.
v.
Signal timing sheets depicting the timing and phasing used in analysis.
vi.
Other analysis summary sheets such as queuing.
(10)
To present the information required to analyze the transportation impacts of development, the following figures shall be included in the TIS:
i.
Vicinity Map.
ii.
Existing Lane Configurations and Traffic Control Devices.
iii.
Existing Traffic Volumes and Levels of Service for each required time period.
iv.
Future Year Background Traffic Volumes and Levels of Service for each required time period.
v.
Proposed Site Plan, including access points for abutting parcels and for those across the street from the proposed development.
vi.
Future Year Assumed Lane Configurations and Traffic Control Devices.
vii.
Estimated Trip Distribution/Assignment Pattern.
viii.
Trip reductions (pass-by trips at site access(es)).
ix.
Site-Generated Traffic Volumes for each required time period.
x.
Full Buildout Traffic Volumes and Levels of Service for each required time period.
5.
The City Engineer may waive or allow deferral of standard street improvements, including side-walk, roadway, bicycle lane, undergrounding of utilities, and landscaping, as applicable, where one or more of the following conditions in subdivisions (a) through (d) is met. Where the City Engineer agrees to defer a street improvement, it shall do so only where the property owner agrees not to remonstrate against the formation of a local improvement district in the future.
a.
The standard improvement conflicts with an adopted capital improvement plan.
b.
The standard improvement would create a safety hazard.
c.
It is unlikely due to the developed condition of adjacent property that the subject improvement would be extended in the foreseeable future, and the improvement under consideration does not by itself significantly improve transportation operations or safety.
d.
The improvement under consideration is part of an approved partition and the proposed partition does not create any new street.
B.
Street Location, Alignment, Extension, and Grades.
1.
All new streets, to the extent practicable, shall connect to the existing street network and allow for the continuation of an interconnected street network, consistent with adopted public facility plans and pursuant to subsection D Transportation Connectivity and Future Street Plans.
2.
Specific street locations and alignments shall be determined in relation to existing and planned streets, topographic conditions, public convenience and safety, and in appropriate relation to the proposed use of the land to be served by such streets.
3.
Grades of streets shall conform as closely as practicable to the original (pre-development) topography to minimize grading.
4.
New streets and street extensions exceeding a grade of 10 percent over a distance more than 200 feet, to the extent practicable, shall be avoided. Where such grades are unavoidable, the City Engineer may approve an exception to the 200-foot standard and require mitigation, such as a secondary access for the subdivision, installation of fire protection sprinkler systems in dwellings, or other mitigation to protect public health and safety.
5.
Where the locations of planned streets are shown on a local street network plan, the development shall implement the street(s) shown on the plan.
6.
Where required local street connections are not shown on an adopted City street plan, or the adopted street plan does not designate future streets with sufficient specificity, the development shall provide for the reasonable continuation and connection of existing streets to adjacent developable properties, conforming to the standards of this Code.
7.
Existing street-ends that abut a proposed development site shall be extended with the development, unless prevented by environmental or topographical constraints, existing development patterns, or compliance with other standards in this Code. In such situations, the applicant must provide evidence that the environmental or topographic constraint precludes reasonable street connection.
8.
Proposed streets and any street extensions required pursuant to this section shall be located, designed, and constructed to allow continuity in street alignments and to facilitate future development of vacant or redevelopable lands.
C.
Rights-of-Way and Street Section Widths.
1.
Street rights-of-way and section widths shall comply with the current version of the Public Works Design Standards and Transportation System Plan. The standards are intended: to provide for streets of suitable location, width, and design to accommodate expected vehicle, pedestrian, and bicycle traffic; to afford satisfactory access to law enforcement, fire protection, sanitation, and road maintenance equipment; and to provide a convenient and accessible network of streets, avoiding undue hardships to adjoining properties.
2.
All streets shall be improved in accordance with the construction standards and specifications of the applicable roadway authority, including requirements for pavement, curbs, drainage, striping, and traffic control devices. Where a planter strip is provided it shall consist of a minimum five-foot-wide strip between the sidewalk and the curb or roadway. Where a swale is provided, it shall either be placed between the roadway and sidewalk or behind the sidewalk on private property, subject to City Engineer approval and recording of required public drainage way and drainage way maintenance easements. Streets with parking on one side only should be avoided. When used, they must be posted NO PARKING.
3.
Where a range of street width or improvement options is indicated, the City Engineer shall determine requirements based on the advice of a qualified professional and all of the following factors:
a.
Street classification and requirements of the roadway authority, if different than the City's street classifications and requirements;
b.
Existing and projected street operations relative to applicable standards;
c.
Safety of motorists, pedestrians, bicyclists, and South Clackamas Transit District (SCTD) users, including consideration of accident history;
d.
Convenience and comfort for pedestrians, bicyclists, and SCTD users;
e.
Provision of on-street parking;
f.
Placement of utilities;
g.
Street lighting;
h.
Slope stability, erosion control, and minimizing cuts and fills;
i.
Surface water management and storm drainage requirements;
j.
Emergency vehicles or apparatus and emergency access, including evacuation needs;
k.
Transitions between varying street widths (i.e., existing streets and new streets); and
l.
Other factors related to public health, safety, and welfare.
D.
Transportation Connectivity and Future Street Plans. The following standards apply to the creation of new streets:
1.
Intersections. Streets shall be located and designed to intersect as nearly as possible to a right angle. Street intersections shall meet the current requirements of the Public Works Design Standards and Transportation System Plan.
2.
Access Ways. The Planning Commission, in approving a land use application with conditions shall require a developer to provide an access way where the creation of a cul-de-sac or dead-end street is unavoidable and the access way connects or may in the future connect, the end of the street to another street, a park, or a public access way, except where the City Engineer and City Planner determine the access way is not feasible. Where an access way is required, it shall be not less than 10 feet wide and shall contain a minimum eight-foot-wide concrete surface or other all-weather surface approved by the City Engineer. Access ways shall be contained within a public right-of-way or public access easement, as required by the City.
3.
Connectivity to Abutting Lands. The street system of a proposed subdivision shall be designed to connect to existing, proposed, and planned streets adjacent to the subdivision. Wherever a proposed development abuts unplatted land or a future development phase of an existing development, street stubs shall be provided to allow access to future abutting subdivisions and to logically extend the street system into the surrounding area. Street ends shall be designed to facilitate future extension in terms of grading, width, and temporary barricades.
4.
Street Connectivity and Formation of Blocks. In order to promote efficient vehicular and pedestrian circulation throughout the City, subdivisions and site developments shall be served by an interconnected street network, pursuant to the current version of the Public Works Design Standards and Transportation System Plan. Where a street connection cannot be made due to physical site constraints, approach spacing requirements, access management requirements, or similar restrictions; a pedestrian access way connection shall be provided pursuant to Chapter 17-3.3. Streets and accessways need not be required where one or more of the following conditions exist:
a.
Physical or topographic conditions make a street or accessway connection impracticable. Such conditions include, but are not limited to, freeways, railroads, steep slopes, wetlands or other bodies of water where a connection could not reasonably be provided:
b.
Buildings or other existing development on adjacent lands physically preclude a connection now or in the future considering the potential for redevelopment; or
c.
Where streets or accessways would violate provisions of leases, easements, covenants, restrictions or other agreements existing as of May 1, 1995, which preclude a required street or accessway connection.
5.
Cul-de-Sac Streets. A cul-de-sac street shall only be used where the City Engineer determines that environmental or topographical constraints, existing development patterns, or compliance with other applicable City requirements preclude a street extension. Where the City determines that a cul-de-sac is allowed, cul-de-sac length, turn-around type, and pedestrian access to adjoining properties shall meet the requirements of the current version of the Public Works Design Standards and Transportation System Plan and subsection D.2.
6.
Future Street Plan. Where a subdivision is proposed adjacent to other developable land, a future street plan shall be filed by the applicant in conjunction with an application for a subdivision in order to facilitate orderly development of the street system. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include other divisible parcels within 600 feet surrounding and adjacent to the proposed subdivision. The street plan is binding when part of a multi-phased master planned development. The plan must demonstrate, pursuant to City standards, that the proposed development does not preclude future street connections to adjacent development land.
7.
Private Streets and Gated Drives. Private streets and gated drives serving more than two dwellings (i.e., where a gate limits access to a development from a public street), are prohibited.
E.
Engineering Design Standards. Street design shall conform to the standards of the applicable roadway authority; for City streets that is the current version of the Public Works Design Standards and Transportation System Plan. Where a conflict occurs between this Code and the Public Works Design Standards, the provisions of the Design Standards shall govern.
F.
Fire Code Standards. Where Fire Code standards conflict with City standards, the City shall consult with the Fire Marshal in determining appropriate requirements. The City shall have the final determination regarding applicable standards.
G.
Substandard Existing Right-of-Way. Where an existing right-of-way adjacent to a proposed development is less than the standard width, the City Engineer may require the dedication of additional rights-of-way at the time of Subdivision, Partition, or Site Plan Review, pursuant to the standards in the Public Works Design Standards and Transportation System Plan.
H.
Traffic Calming. The City may require the installation of traffic calming features such as traffic circles, curb extensions, reduced street width (parking on one side), medians with pedestrian crossing refuges, speed tables, speed humps, or special paving to slow traffic in neighborhoods or commercial areas with high pedestrian traffic.
I.
Sidewalks, Planter Strips, and Bicycle Lanes. Except where the City Engineer grants a deferral of public improvements, pursuant to Chapter 17-4.2 or Chapter 17-4.3, sidewalks, planter strips, and bicycle lanes shall be installed concurrent with development or widening of new streets, pursuant to the requirements of this chapter. Maintenance of sidewalks and planter strips in the right-of-way is the continuing obligation of the adjacent property owner.
J.
Streets Adjacent to Railroad Right-of-Way. When a transportation improvement is proposed within 300 feet of a railroad crossing, or a modification is proposed to an existing railroad crossing, the Oregon Department of Transportation and the rail service provider shall be notified and given an opportunity to comment, in conformance with the provisions of Division IV. Private crossing improvements are subject to review and licensing by the rail service provider.
K.
Street Names. No new street name shall be used which will duplicate or be confused with the names of existing streets in the City of Molalla or vicinity. Street names shall be submitted to the City for review and approval in consultation with Clackamas County and emergency services.
L.
Survey Monuments. Upon completion of a street improvement and prior to acceptance by the City, it shall be the responsibility of the developer's registered professional land surveyor to provide certification to the City that all boundary and interior monuments have been reestablished and protected.
M.
Street Signs. The city, county, or state with jurisdiction shall install all signs for traffic control and street names. The cost of signs required for new development shall be the responsibility of the developer. Street name signs shall be installed at all street intersections. Stop signs and other signs may be required.
N.
Streetlight Standards. Streetlights shall be relocated or new lights installed, as applicable, with street improvement projects. Streetlighmultits shall conform to City standards, be directed downward, and full cutoff and full shielding to preserve views of the night sky and to minimize excessive light spillover onto adjacent properties.
O.
Mail Boxes. Mailboxes shall conform to the requirements of the United States Postal Service and the State of Oregon Structural Specialty Code.
P.
Street Cross-Sections. The final lift of pavement shall be placed on all new constructed public roadways prior to final City acceptance of the roadway.
(Ord. 2017-08 §1; Ord. 2019-01 §1)
§ 17-3.6.030 Required Parkland Dedication or Fee In Lieu.
A.
Minimum Parkland Dedication Requirements. Residential subdivisions, master planned developments, and multifamily developments shall be required to dedicate parkland to the City. Middle housing land divisions pursuant to ORS 92.031 shall not be subject to the parkland dedication requirements in this section.
The parkland dedication requirement shall be 0.007 acres per person based on the adopted standard of seven acres of park land per 1,000 residents in the City of Molalla Parks, Recreation, and Trails System Plan.
Persons per dwelling unit shall be calculated at the following levels: For development densities of 0-12 dwelling units/net acre = 2.7 persons/dwelling unit. For development densities greater than 12 dwelling units/net acre = 2.0 persons/dwelling unit.
B.
Calculation of Parkland Dedication Acreage.
1.
The required parkland acreage to be dedicated shall be based on the following formula:
a.
For residential subdivisions:
Required parkland dedication (acres) = (Proposed number of dwelling units) x (Persons/dwelling unit) x 0.007 (Per person parkland dedication factor)
i.
Each duplex shall be counted as one dwelling unit.
b.
For multifamily developments:
Required parkland dedication (acres) = (Proposed number of dwelling units x Persons per dwelling unit x 0.007 Per person parkland dedication factor) – (0.15 x buildable acres)
C.
Dedication Procedures.
1.
For subdivisions, parkland required by this section shall be dedicated on the final plat.
2.
For multifamily developments, parkland required by this section shall be dedicated by recording a deed, easement or other appropriate document prior to issuance of a building permit.
3.
For master planned developments, parkland required by this section shall be dedicated on the final plat or by recording a deed, easement, or other appropriate document prior to issuance of a building permit, as applicable to the development.
4.
For phased developments, the required parkland for the entire development shall be dedicated on the final plat for the first phase.
D.
Minimum Parkland Standards.
1.
Land required or proposed for parkland dedication shall meet the following criteria:
a.
Must be contained within a single, contiguous unit;
b.
Must be a minimum size of 0.25 acres;
c.
Must abut an existing right-of-way or proposed right-of-way within the development, or an access easement to the parkland must be provided;
d.
Must be in an area designated as Proposed Parkland or within the park acquisition and development areas on the Proposed System Map in the City of Molalla Parks, Recreation, and Trails System Plan; and
e.
Must not be subject to any other easements or encumbrances.
2.
For parkland that abuts an existing or proposed right-of-way within the development, the applicant shall install sidewalks on the parkland adjacent to any street per the applicable standards in the Molalla Municipal Code and the 2018 City of Molalla Transportation System Plan, as amended from time to time.
E.
Fee in Lieu of Dedication.
1.
A fee in lieu of dedication shall be required if the proposed parkland to be dedicated cannot meet the criteria set forth in § 17-3.6.030(D)(1).
2.
The fee in lieu of parkland dedication for a subdivision shall be paid prior to the approval of the final plat.
3.
The fee in lieu of parkland dedication for multifamily developments shall be paid at the time of building permit issuance for the subject lot or parcel.
4.
The fee in lieu of parkland dedication for master planned developments shall be paid prior to the approval of the final plat or at the time of building permit issuance for the subject lot or parcel, as applicable to the development.
5.
A fee in lieu of parkland dedication is separate from park systems development charges (SDCs) and is not eligible for a credit of Park SDCs.
F.
Calculation of Fee. The amount of the fee in lieu of land dedication (in dollars per acre) shall be set by City Council resolution, based on the real market value of land as determined by the Clackamas County Tax Assessor.
(Ord. 2017-08 §1; Ord. 2025-04, 5/28/2025)
§ 17-3.6.040 Sanitary Sewer and Water Service Improvements.
A.
Sewers and Water Mains Required. All new development is required to connect to City water and sanitary sewer systems. Sanitary sewer and water system improvements shall be installed to serve each new development and to connect developments to existing mains in accordance with the adopted facility master plans and applicable Public Works Design Standards. Where streets are required to be stubbed to the edge of the subdivision, sewer and water system improvements and other utilities shall also be stubbed with the streets, except as may be waived by the City Engineer where alternate alignment(s) are provided.
B.
Sewer and Water Plan Approval. Development permits for sewer and water improvements shall not be issued until the City Engineer has approved all sanitary sewer and water plans in conformance with City standards.
C.
Over-Sizing. The City may require as a condition of development approval that sewer and water lines serving new development be sized to accommodate future development within the area as projected by the applicable facility master plans, and the City may authorize other cost-recovery or cost-sharing methods as provided under state law.
D.
Inadequate Facilities. Development permits may be restricted or rationed by the Planning Commission where a deficiency exists in the existing water or sewer system that cannot be rectified by the development and which, if not rectified, will result in a threat to public health or safety, surcharging of existing mains, or violations of state or federal standards pertaining to operation of domestic water and sewerage treatment systems. The City Engineer may require water booster pumps, sanitary sewer lift stations, and other critical facilities be installed with backup power.
(Ord. 2017-08 §1)
§ 17-3.6.050 Storm Drainage and Surface Water Management Facilities.
A.
General Provisions. The City shall issue a development permit only where adequate provisions for stormwater runoff have been made in conformance with the requirements of the current version of the Public Works Design Standards and Stormwater Master Plan.
B.
Accommodation of Upstream Drainage. Culverts and other drainage facilities shall be large enough to accommodate existing and potential future runoff from the entire upstream drainage area, whether inside or outside the development. Such facilities shall be subject to review and approval by the City Engineer.
C.
Effect on Downstream Drainage. Where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the City shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with City standards.
D.
Over-Sizing. The City may require as a condition of development approval that sewer, water, or storm drainage systems serving new development be sized to accommodate future development within the area as projected by the applicable facility master plan, provided that the City may grant the developer credit toward any required system development charge for the same pursuant to the System Development Charge.
E.
Existing Watercourse. Where a proposed development is traversed by a watercourse, drainage way, channel, or stream, the City may require a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width as will be adequate for conveyance and maintenance to protect the public health and safety.
(Ord. 2017-08 §1)
§ 17-3.6.060 Utilities.
The following standards apply to new development where extension of electric power, gas, or communication lines is required:
A.
General Provision. The developer of a property is responsible for coordinating the development plan with the applicable utility providers and paying for the extension and installation of utilities not otherwise available to the subject property.
B.
Underground Utilities.
1.
General Requirement. The requirements of the utility service provider shall be met. All utility lines in new subdivisions, including, but not limited to, those required for electric, communication, and lighting, and related facilities, shall be placed underground, except where the City Engineer determines that placing utilities underground would adversely impact adjacent land uses. The Planning Official may require screening and buffering of above ground facilities to protect the public health, safety, or welfare.
2.
Subdivisions. In order to facilitate underground placement of utilities, the following additional standards apply to all new subdivisions:
a.
The developer shall make all necessary arrangements with the serving utility to provide the underground services. Care shall be taken to ensure that no aboveground equipment obstructs vision clearance areas for vehicular traffic, per Chapter 17-3.3 Access and Circulation.
b.
The City Engineer reserves the right to approve the location of all surface-mounted facilities.
c.
All underground utilities installed in streets must be constructed and approved by the applicable utility provider prior to the surfacing of the streets.
d.
Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made.
C.
Exception to Undergrounding Requirement. The City Engineer may grant exceptions to the undergrounding standard where existing physical constraints, such as geologic conditions, streams, or existing development conditions make underground placement impractical.
(Ord. 2017-08 §1)
§ 17-3.6.070 Easements.
A.
Provision. The developer shall make arrangements with the City and applicable utility providers for each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development.
B.
Standard. Utility easements shall conform to the requirements of the utility service provider. All other easements shall conform to the City of Molalla Public Works Design Standards.
C.
Recordation. All easements for sewers, storm drainage and water quality facilities, water mains, electric lines, or other utilities shall be recorded and referenced on a survey or final plat, as applicable. See Chapter 17-4.2 Site Design Review, and Chapter 17-4.3 Land Divisions and Property Line Adjustments.
(Ord. 2017-08 §1)
§ 17-3.6.080 Construction Plan Approval.
No development, including sanitary sewers, water, streets, parking areas, buildings, or other development, shall commence without plans having been approved by the City of Molalla Public Works Department and permits issued. Permit fees are required to defray the cost and expenses incurred by the City for construction and other services in connection with the improvement. Permit fees are as set by City Council resolution.
(Ord. 2017-08 §1)
§ 17-3.6.090 Facility Installation.
A.
Conformance Required. Improvements installed by the developer, either as a requirement of these regulations or at the developer's option, shall conform to the requirements of this chapter, approved construction plans, and to improvement standards and specifications adopted by the City.
B.
Adopted Installation Standards. The City of Molalla has adopted Public Works Design Standards for public improvements and private utility installation within the public right-of-way.
C.
Commencement. Work in a public right-of-way shall not begin until all applicable agency permits have been approved and issued.
D.
Resumption. If work is discontinued for more than six months, it shall not be resumed until the Public Works Director is notified in writing and grants approval of an extension.
E.
City Inspection. Improvements shall be constructed under the inspection of the City Engineer. The City Engineer may approve minor changes in typical sections and details if unusual conditions arising during construction warrant such changes in the public interest, except that substantive changes to the approved design shall be subject to review under Chapter 17-4.5 Modifications to Approved Plans and Conditions of Approval. Any survey monuments that are disturbed before all improvements are completed by the developer or subdivider shall be replaced at the developer or subdivider's expense prior to final acceptance of the improvements.
F.
Engineer's Certification and As-Built Plans. In accordance with the current version of the Public Works Design Standards, a registered civil engineer shall provide written certification in a form required by the City that all improvements, workmanship, and materials meet current and standard engineering and construction practices, conform to approved plans and conditions of approval, and are of high grade, prior to City's acceptance of the public improvements, or any portion thereof, for operation and maintenance. The developer's engineer shall also provide two sets of "as-built" plans, one paper set and one electronic set for permanent filing with the City. If required by the City, the developer or subdivider shall provide a warranty bond pursuant to Section 17-3.6.100.
(Ord. 2017-08 §1)
§ 17-3.6.100 Performance Guarantee and Warranty.
A.
Performance Guarantee Required. The City at its discretion may approve a final plat or building permit when it determines that all of the public improvements required for the site development or land division, or phase thereof, are complete and the applicant has an acceptable assurance for the balance of said improvements. The applicant shall provide a performance and payment bond in accordance with the current version of the Public Works Design Standards.
B.
Determination of Sum. The assurance of performance shall be for a sum determined by the City Engineer as required to cover the cost of the improvements and repairs, including related engineering and incidental expenses, plus reasonable inflationary costs. The assurance shall not be less than 125 percent of the estimated improvement costs.
C.
Itemized Improvement Estimate. The applicant shall furnish to the City an itemized improvement estimate, certified by a registered civil engineer, to assist the City in calculating the amount of the performance assurance.
D.
Agreement. A written agreement between the City and applicant shall be signed recorded. The agreement may include a provision for the construction of the improvements in stages and for the extension of time under specific conditions. The agreement shall contain all of the following:
E.
When Applicant Fails to Perform. In the event the applicant fails to carry out all provisions of the agreement and the City has un-reimbursed costs or expenses resulting from such failure, the City shall call on the bond, cash deposit, or letter of credit for reimbursement.
F.
Termination of Performance Guarantee. The applicant shall not cause termination, nor allow expiration, of the guarantee without first securing written authorization from the City.
G.
Warranty Bond. A warranty bond good for two years is required on all public improvements and landscaping when installed in the public right-of-way. The warranty bond shall equal 120 percent of the total cost of improvements and begin upon acceptance of said improvements by the City.
(Ord. 2017-08 §1; Ord. 2024-02, 4/10/2024)