A. In the following districts, each lot or development site shall have an area as shown below except as otherwise permitted by this code:

1. In the R-1, R-2, R-3, R-P and AR districts, the following minimum lot area standards apply:

2. In the AI, C-1, C-2, C-3, and M-5 districts, each lot or development site shall have a minimum area of 5,000 square feet or as may be established by a subdistrict.

3. In the M-1, M-2, M-3, and M-E districts, each lot or development site shall have a minimum area of 20,000 square feet.

4. Institutional districts shall have a minimum size of five contiguous acres in order to create a large enough campus to support institutional uses; however, additions to the district may be made in increments of any size.

5. Within the commercial and mixed employment district(s) of the riverfront overlay subdistrict, there is no minimum lot size required, provided the other standards of this code can be met.

B. Maximum Lot or Development Site Area per Dwelling Unit.

1. In the R-1 district, the average size of lots in a subdivision intended for single-family development shall not exceed 10,000 square feet.

2. In the R-2 and R-P districts, the average size of lots in a subdivision intended for single-family development shall not exceed 5,000 square feet.

3. In the R-2, AR and R-P districts, lots or development sites in excess of 15,000 square feet used for multiple single-family, duplex, triplex, quadplex, multifamily dwellings or cottage cluster projects shall be developed at a minimum of one dwelling per 5,000 square feet lot area.

4. In the R-3 district, lots or development sites in excess of 15,000 square feet used for multiple single-family, duplex, triplex, quadplex, multifamily dwellings or cottage cluster projects shall be developed at a minimum of one dwelling per 2,500 square feet lot area.

C. In calculating lot area for this section, lot area does not include land within public or private streets. In calculating lot area for maximum lot area/minimum density requirements, lot area does not include land within stream corridors, land reserved for public parks or open spaces, commons buildings, land for preservation of natural, scenic, or historic resources, land on slopes exceeding 15 percent or for avoidance of identified natural hazards, land in shared access easements, public walkways, or entirely used for utilities, land held in reserve in accordance with a future development plan, or land for uses not appurtenant to the residence.

D. Lot size averaging is allowed for any subdivision. Some lots may be under the minimum lot size required in the zone where the subdivision is located, as long as the average size of all lots is at least the minimum lot size. [Ord. 2930 § 4 (Exh. A-3), 1-6-25; Ord. 2889 § 2 (Exh. B § 26), 12-6-21; Ord. 2880 § 2 (Exh. B §§ 36, 37), 6-7-21; Ord. 2868 § 1 (Exh. A), 11-16-20; Ord. 2763 § 1 (Exh. A § 12), 9-16-13; Ord. 2730 § 1 (Exh. A (2)), 10-18-10; Ord. 2720 § 1(14), 11-2-09; Ord. 2647, 6-5-06; Ord. 2564, 4-15-02; Ord. 2507, 3-1-99; Ord. 2451, 12-2-96. Code 2001 § 151.565.]

Penalty: See NMC 15.05.120.

The following shall be exceptions to the required lot areas:

A. Lots of record with less than the area required by this code.

B. Lots or development sites which, as a process of their creation, were approved in accordance with this code.

C. Planned unit developments, provided they conform to requirements for planned unit development approval. [Ord. 2451, 12-2-96. Code 2001 § 151.566.]

A. Width. Widths of lots shall conform to the standards of this code.

B. Depth to Width Ratio. Each lot and parcel shall have an average depth between the front and rear lines of not more than two and one-half times the average width between the side lines. Depths of lots shall conform to the standards of this code. Development of lots under 15,000 square feet are exempt from the lot depth to width ratio requirement.

C. Area. Lot sizes shall conform to standards set forth in this code. Lot area calculations shall not include area contained in public or private streets as defined by this code.

D. Frontage.

1. No lot or development site shall have less than the following lot frontage standards:

a. Each lot or development site shall have either frontage on a public street for a distance of at least 25 feet or have access to a public street through an easement that is at least 25 feet wide. No new private streets, as defined in NMC 15.05.030, shall be created to provide frontage or access except as allowed by NMC 15.240.020(L)(2).

b. Each lot in R-2 zone shall have a minimum width of 25 feet at the front building line and R-3 zone shall have a minimum width of 30 feet at the front building line, except that duplex, triplex, quadplex and cottage cluster project lots in the R-3 zone shall have a minimum width of 25 feet at the front building line.

c. Each lot in R-1 zone shall have a minimum width of 35 feet at the front building line and AI or RP shall have a minimum width of 50 feet at the front building line.

d. Each lot in an AR zone shall have a minimum width of 45 feet at the front building line.

2. The above standards apply with the following exceptions:

a. Lots for townhouse dwellings in any zone where they are permitted shall have a minimum frontage on a public street for a distance of at least 20 feet, shall have a minimum width of 20 feet at the front building line and shall have access meeting the provisions of NMC 15.415.050(B).

b. Legally created lots of record in existence prior to the effective date of the ordinance codified in this code.

c. Lots or development sites which, as a process of their creation, were approved with sub-standard widths in accordance with provisions of this code.

d. Existing private streets may not be used for new dwelling units, except private streets that were created prior to March 1, 1999, including paving to fire access roads standards and installation of necessary utilities, and private streets allowed in the airport residential and airport industrial districts. However, existing single-family detached dwellings on existing private streets may be converted to duplex, triplex, or quadplex dwellings. [Ord. 2889 § 2 (Exh. B § 27), 12-6-21; Ord. 2880 § 2 (Exh. B § 38), 6-7-21; Ord. 2830 § 1 (Exh. A), 4-2-18; Ord. 2822 § 1 (Exh. A), 2-5-18; Ord. 2730 § 1 (Exh. A (3)), 10-18-10; Ord. 2720 § 1(15), 11-2-09; Ord. 2647, 6-5-06; Ord. 2507, 3-1-99; Ord. 2451, 12-2-96. Code 2001 § 151.567.]

Penalty: See NMC 15.05.120.

A. Purpose. The lot coverage and parking coverage requirements below are intended to:

1. Limit the amount of impervious surface and storm drain runoff on residential lots.

2. Provide open space and recreational space on the same lot for occupants of that lot.

3. Limit the bulk of residential development to that appropriate in the applicable zone.

B. Residential uses in residential zones shall meet the following maximum lot coverage and parking coverage standards; however, cottage cluster projects shall be exempt from the standards. See the definitions in NMC 15.05.030 and Appendix A, Figure 4.

1. Maximum Lot Coverage.

a. R-1: 40 percent, except:

i. Fifty percent if all structures on the lot are one story; and

ii. Sixty percent for townhouse dwellings.

b. R-2 and RP: 60 percent.

c. AR and R-3: 60 percent.

2. Maximum Parking Coverage. R-1, R-2, R-3, and RP: 30 percent.

3. Combined Maximum Lot and Parking Coverage.

a. R-1: 60 percent.

b. R-2, R-3, RP and townhouse dwellings in R-1: 70 percent.

C. All other districts and uses not listed in subsection (B) of this section shall not be limited as to lot coverage and parking coverage except as otherwise required by this code. [Ord. 2913 § 2 (Exh. B § 10), 4-17-23; Ord. 2889 § 2 (Exh. B § 28), 12-6-21; Ord. 2880 § 2 (Exh. B § 39), 6-7-21; Ord. 2832 § 1 (Exh. A), 7-2-18; Ord. 2746 § 1 (Exh. A § 1), 8-15-11; Ord. 2730 § 1 (Exh. A (3)), 10-18-10; Ord. 2647, 6-5-06; Ord. 2451, 12-2-96. Code 2001 § 151.568.]

Penalty: See NMC 15.05.120.

Applications for middle housing land divisions shall follow the lot requirements set forth in this chapter. [Ord. 2912 § 1 (Exh. A § 13), 5-1-23.]

A. No yard or open space provided around any building for the purpose of complying with the provisions of this code shall be considered as providing a yard or open space for any other building.

B. No yard or open space on adjoining property shall be considered as providing required yard or open space for another lot or development site under the provisions of this code.

C. No front yards provided around any building for the purpose of complying with the regulations of this code shall be used for public or private parking areas or garages, or other accessory buildings, except as specifically provided elsewhere in this code.

D. When the common property line separating two or more contiguous lots is covered by a building or a permitted group of buildings with respect to such common property line or lines does not fully conform to the required yard spaces on each side of such common property line or lines, such lots shall constitute a single development site and the yards as required by this code shall then not apply to such common property lines.

E. Dwellings Where Permitted above Nonresidential Buildings. The front and interior yard requirements for residential uses shall not be applicable; provided, that all yard requirements for the district in which such building is located are complied with.

F. In the AI airport industrial district, clear areas, safety areas, object-free areas, taxiways, parking aprons, and runways may be counted as required yards for a building, even if located upon an adjacent parcel.

G. In the AR airport residential district, clear areas, safety areas, object-free areas, taxiways, parking aprons, and runways may be counted as required yards for a building, if located upon an adjacent parcel. [Ord. 2647, 6-5-06; Ord. 2451, 12-2-96. Code 2001 § 151.550.]

Penalty: See NMC 15.05.120.

A. Residential (see Appendix A, Figure 10).

1. AR, R-1 and R-2 districts shall have a front yard of not less than 15 feet, except that multifamily dwellings with parking to the side or rear shall have a front yard of not less than 10 feet. Said yard shall be landscaped and maintained.

2. R-3 and RP districts shall have a front yard of not less than 12 feet, except that multifamily dwellings with parking to the side or rear shall have a front yard of not less than eight feet. Said yard shall be landscaped and maintained.

3. The entrance to a garage or carport, whether or not attached to a dwelling, shall be set back at least 20 feet from the nearest property line of the street to which access will be provided. However, the foregoing setback requirement shall not apply where the garage or carport will be provided with access to an alley only.

4. Cottage cluster projects in any zone in which they are permitted shall have a front yard of not less than 10 feet. Any garage, carport, or parking areas that are part of a cottage cluster shall be set back at least 20 feet from the nearest property line of the street to which access will be provided; however, the foregoing setback requirement shall not apply where the garage or carport will be provided with access to an alley only.

B. Commercial.

1. All lots or development sites in the C-1 district shall have a front yard of not less than 10 feet. There shall be no minimum front yard setback for C-1 zoned property that has frontage on E. Portland Road or Highway 99 W. The maximum front yard setback for C-1 zoned property that has frontage on E. Portland Road or Highway 99 W. shall be no greater than 10 feet. A greater front yard setback is allowed for C-1 zoned property having frontage on E. Portland Road or Highway 99 W. when a plaza or other pedestrian amenity is provided; however, said front yard setback should be the minimum setback needed to accommodate a pedestrian amenity. Said yard shall be landscaped and maintained.

2. All lots or development sites in the C-2 district shall have a front yard of not less than 10 feet. There shall be no minimum front yard setback for C-2 zoned property that has frontage on E. Portland Road or Highway 99 W. The maximum front yard setback for C-2 zoned property that has frontage on E. Portland Road or Highway 99 W. shall be no greater than 10 feet. A greater front yard setback is allowed for C-2 zoned property having frontage on E. Portland Road or Highway 99 W. when a plaza or other pedestrian amenity is provided; however, said front yard setback should be the minimum setback needed to accommodate a pedestrian amenity. No parking shall be allowed in said yard. Said yard shall be landscaped and maintained.

3. All lots or development sites in the C-3 district shall have no minimum front yard requirements. The maximum allowable front yard shall be 20 feet. In the case of a through lot with two front yards, at least one front yard must meet the maximum setback requirement. In the case of three or more front yards, at least two front yards must meet the maximum setback requirements. No parking shall be allowed in said yard. Said yard shall be landscaped and maintained.

4. All lots or development sites in the C-4 district will comply with the front yard requirements described in NMC 15.352.040(E).

C. Industrial. All lots or development sites in the M-1, M-2 or M-3 districts shall have a front yard of 20 feet. Lots or development sites in the AI district shall have a front yard of 10 feet. Lots or development sites in the M-4 district shall have a front yard of 20 feet where abutting Highway 219, arterials, and collectors, and a front yard of 10 feet along other streets. All lots or development sites in the M-5 district shall have no minimum front yard requirements, but the maximum allowable front yard shall be 20 feet unless there is more than one front yard, then only one yard shall have to meet the maximum setback requirement.

D. Institutional and Community Facility. All lots or development sites in the I and CF district shall have a front yard of 25 feet. Outdoor activity facilities, such as pools, basketball courts, tennis courts, or baseball diamonds, including any accessory structures and uses, are not permitted within the required setback.

E. Mixed Employment. All lots or development sites in the M-E district shall have no minimum front yard requirements. The maximum allowable front yard shall be 10 feet. No parking shall be allowed in said yard. Said yard shall be landscaped and maintained. Lots or development sites within the riverfront overlay subdistrict will comply with the front yard requirements described in NMC 15.352.060(E). [Ord. 2930 § 4 (Exh. A-3), 1-6-25; Ord. 2913 § 2 (Exh. B § 11), 4-17-23; Ord. 2889 § 2 (Exh. B § 29), 12-6-21; Ord. 2868 § 1 (Exh. A), 11-16-20; Ord. 2862 § 1 (Exh. A § 4), 6-15-20; Ord. 2720 § 1(12), 11-2-09; Ord. 2647, 6-5-06; Ord. 2564, 4-15-02; Ord. 2561, 4-1-02; Ord. 2550, 5-21-01; Ord. 2451, 12-2-96. Code 2001 § 151.551.]

Penalty: See NMC 15.05.120.

A. Residential.

1. All lots or development sites in the AR, R-1, R-2 and R-3 districts shall have interior yards of not less than five feet, except that where a utility easement is recorded adjacent to a side lot line, there shall be a side yard no less than the width of the easement.

2. All lots or development sites in the RP district shall have interior yards of not less than eight feet.

3. All lots with townhouse dwellings shall have no minimum interior yard setback where units are attached.

4. All lots with new multifamily dwellings shall have interior yards of not less than eight feet adjacent to lot lines shared with existing single-family dwellings. All other multifamily dwellings shall meet the provisions of subsection (A)(1) of this section.

B. Commercial.

1. All lots or development sites in the C-1 and C-2 districts have no interior yards required where said lots or development sites abut property lines of commercially or industrially zoned property. When interior lot lines of said districts are common with property zoned residentially, interior yards of not less than 10 feet shall be required opposite the residential districts.

2. All lots or development sites in the C-3 district shall have no interior yard requirements.

3. All lots or development sites in the C-4 district will comply with the interior yard requirements described in NMC 15.352.040(E).

C. Industrial and Mixed Employment. All lots or development sites in the AI, M-1, M-2, M-3, M-4, M-5, and M-E districts shall have no interior yards where said lots or development sites abut property lines of commercially or industrially zoned property. When interior lot lines of said districts are common with property zoned residentially, interior yards of not less than 10 feet shall be required opposite the residential districts.

D. Institutional and Community Facility. All lots or development sites in the I and CF district shall have interior yards of not less than 10 feet, except outdoor activity facilities, such as pools, basketball courts, tennis courts, or baseball diamonds, including any accessory structures and uses, shall have an interior yard setback of 25 feet when abutting a residential district. [Ord. 2930 § 4 (Exh. A-3), 1-6-25; Ord. 2913 § 2 (Exh. B § 12), 4-17-23; Ord. 2889 § 2 (Exh. B § 30), 12-6-21; Ord. 2868 § 1 (Exh. A), 11-16-20; Ord. 2720 § 1(13), 11-2-09; Ord. 2647, 6-5-06; Ord. 2564, 4-15-02; Ord. 2550, 5-21-01; Ord. 2451, 12-2-96. Code 2001 § 151.552.]

Penalty: See NMC 15.05.120.

A. Building Setback. No buildings shall be erected, used or maintained for a school, church or public or semi-public building or use, institution or similar use under the regulations of this code unless such building is removed at least 25 feet from every boundary line of any property included in any residential district.

B. Required Yard. No required front or interior yard of the lot on which such building or use is located shall be used for play or parking purposes. [Ord. 2451, 12-2-96. Code 2001 § 151.553.]

Penalty: See NMC 15.05.120.

A. Yard Requirements for Property Abutting Partial or Future Street Rights-of-Way.

1. Except as provided in subsection (A)(2) of this section, no building shall be erected on a lot which abuts a street having only a portion of its required width dedicated, unless the yards provided and maintained in connection with such building have a width and/or depth needed to complete the street width plus the width and/or depths of the yards required on the lot by this code.

2. Where a comprehensive plan street design or a future street plan exists, the placement of buildings and the establishment of yards where required by this code shall relate to the future street boundaries as determined by said plans.

B. Planned Street Right-of-Way Widths. Planned street right-of-way widths are established as indicated in subsection (C) of this section for the various categories of streets shown in the transportation system plan.

C. A lot or parcel of land in any district adjoining a street for which the planned right-of-way width and alignment have been determined shall have a building setback line equal to the yard required in the district, plus a distance of:

1. Fifty feet from and parallel with the centerline of expressways.

2. Thirty-five feet from and parallel with the centerline of major and minor arterials.

3. Thirty feet from and parallel with the centerline of multifamily, commercial and industrial streets and single-family collector streets.

4. Thirty feet from and parallel with the centerline of single-family local streets.

5. Twenty-five feet from and parallel with the centerline of single-family hillside, cul-de-sacs and local streets which will never be extended more than 2,400 feet in length and which will have a relatively even division of traffic to two or more exits.

Exceptions to the above five classifications are shown in the transportation system plan.

D. The centerline of planned streets shall be either the officially surveyed centerline or a centerline as on a precise plan. In the event of conflict between the two, the latter-described line shall prevail. In all other cases, a line midway between properties abutting the right-of-way shall be the centerline for the purposes of this code. [Ord. 2763 § 1 (Exh. A § 13), 9-16-13; Ord. 2602, 9-20-04; Ord. 2451, 12-2-96. Code 2001 § 151.554.]

Penalty: See NMC 15.05.120.

The following vision clearance standards shall apply in all zones (see Appendix A, Figure 9).

A. At the intersection of two streets, including private streets, a triangle formed by the intersection of the curb lines, each leg of the vision clearance triangle shall be a minimum of 50 feet in length.

B. At the intersection of a private drive and a street, a triangle formed by the intersection of the curb lines, each leg of the vision clearance triangle shall be a minimum of 25 feet in length.

C. Vision clearance triangles shall be kept free of all visual obstructions from two and one-half feet to nine feet above the curb line. Where curbs are absent, the edge of the asphalt or future curb location shall be used as a guide, whichever provides the greatest amount of vision clearance.

D. There is no vision clearance requirement within the commercial zoning district(s) located within the riverfront (RF) overlay subdistrict. [Ord. 2564, 4-15-02; Ord. 2507, 3-1-99; Ord. 2451, 12-2-96. Code 2001 § 151.555.]

Penalty: See NMC 15.05.120.

The following intrusions may project into required yards to the extent and under the conditions and limitations indicated:

A. Depressed Areas. In any district, open work fences, hedges, guard railings or other landscaping or architectural devices for safety protection around depressed ramps, stairs or retaining walls may be located in required yards; provided, that such devices are not more than three and one-half feet in height.

B. Accessory Buildings. In front yards on through lots, where a through lot has a depth of not more than 140 feet, accessory buildings may be located in one of the required front yards; provided, that every portion of such accessory building is not less than 10 feet from the nearest street line.

C. Projecting Building Features. The following building features may project into the required front yard no more than five feet and into the required interior yards no more than two feet; provided, that such projections are no closer than three feet to any interior lot line:

1. Eaves, cornices, belt courses, sills, awnings, buttresses or other similar features.

2. Chimneys and fireplaces, provided they do not exceed eight feet in width.

3. Porches, platforms or landings which do not extend above the level of the first floor of the building.

4. Mechanical structures (heat pumps, air conditioners, emergency generators and pumps).

D. Fences and Walls.

1. In the residential district, a fence or wall shall be permitted to be placed at the property line or within a yard setback as follows:

a. Not to exceed six feet in height. Located or maintained within the required interior yards. For purposes of fencing only, lots that are corner lots or through lots may select one of the street frontages as a front yard and all other yards shall be considered as interior yards, allowing the placement of a six-foot fence on the property line. In no case may a fence extend into the clear vision zone as defined in NMC 15.410.060.

b. Not to exceed four feet in height. Located or maintained within all other front yards.

2. In any commercial, industrial, institutional, or mixed employment district, a fence or wall shall be permitted to be placed at the property line or within a yard setback as follows:

a. Not to exceed eight feet in height. Located or maintained in any interior yard except where the requirements of vision clearance apply. For purposes of fencing only, lots that are corner lots or through lots may select one of the street frontages as a front yard and all other yards shall be considered as interior yards, allowing the placement of an eight-foot fence on the property line.

b. Not to exceed four feet in height. Located or maintained within all other front yards.

3. If chain link (wire-woven) fences are used, they are manufactured of corrosion-proof materials of at least 11-1/2 gauge.

4. The requirements of vision clearance shall apply to the placement of fences.

5. A fence building permit is required when building a wood fence taller than seven feet, masonry or concrete fence or wall taller than four feet, wire-woven or chain linked fence taller than eight feet, fence or wall enclosing a swimming pool, and for other structures as required by the building code.

E. Parking and Service Drives (Also Refer to NMC 15.440.010 through 15.440.080).

1. In any district, service drives or accessways providing ingress and egress shall be permitted, together with any appropriate traffic control devices in any required yard.

2. In any residential district, public or private parking areas and parking spaces shall not be permitted in any required yard except as provided herein:

a. Required parking spaces shall be permitted on service drives in the required front yard in conjunction with any single-family detached dwelling, duplex dwelling, triplex dwelling, quadplex dwelling, or townhouse dwelling on a single lot.

b. Recreational vehicles, boat trailers, camperettes and all other vehicles not in daily use are restricted to parking in the front yard setback for not more than 48 hours; and recreational vehicles, boat trailers, camperettes and all other vehicles not in daily use are permitted to be located in the required interior yards.

c. Public or private parking areas, parking spaces or any building or portion of any building intended for parking which have been identified as a use permitted in any residential district shall be permitted in any interior yard that abuts an alley, provided said parking areas, structures or spaces shall comply with NMC 15.440.070, Parking tables and diagrams (Diagrams 1 through 3).

d. Public or private parking areas, service drives or parking spaces which have been identified as a use permitted in any residential district shall be permitted in interior yards; provided, that said parking areas, service drives or parking spaces shall comply with other requirements of this code.

3. In any commercial or industrial district, except C-1, C-4, M-1, and M-E, public or private parking areas or parking spaces shall be permitted in any required yard (see NMC 15.410.030). Parking requirements in the C-4 district and the M-E district within the riverfront overlay subdistrict are described in NMC 15.352.040(H).

4. In the I district, public or private parking areas or parking spaces may be no closer to a front property line than 20 feet, and no closer to an interior property line than five feet.

F. Public Telephone Booths and Public Transit Shelters. Public telephone booths and public transit shelters shall be permitted; provided, that vision clearance is maintained for vehicle requirements for vision clearance.

G. Hangars within the AR airport residential district may be constructed with no yard setbacks to property lines adjacent to other properties within the airport residential or airport industrial districts.

H. Play structures may intrude into the required front yard by no more than five feet and into the required interior yard by no more than two feet; provided, that such intrusions are no closer than three feet from any interior lot line and 10 feet from any front lot line. [Ord. 2933 § 1 (Exhs. A-1a, A-1b), 2-18-25; Ord. 2928 § 1 (Exh. A-1 § 3), 9-3-24; Ord. 2889 § 2 (Exh. B § 31), 12-6-21; Ord. 2880 § 2 (Exh. B § 40), 6-7-21; Ord. 2868 § 1 (Exh. A), 11-16-20; Ord. 2647, 6-5-06; Ord. 2619, 5-16-05; Ord. 2564, 4-15-02; Ord. 2561, 4-1-02; Ord. 2451, 12-2-96. Code 2001 § 151.556.]

Penalty: See NMC 15.05.120.

Applications for middle housing land divisions shall follow the yard setback requirements set forth in this chapter. [Ord. 2912 § 1 (Exh. A § 14), 5-1-23.]

A. Hereinafter, any building which is the only building on a lot is a main building.

B. In any residential district except RP, there shall be only one main use per lot or development site; provided, that home occupations shall be allowed where permitted.

C. In any residential district, there shall be no more than two accessory buildings on any lot or development site. [Ord. 2451, 12-2-96. Code 2001 § 151.535.]

A. Residential.

1. In the R-1 district, no main building shall exceed 30 feet in height, except that townhouse dwellings shall not exceed 35 feet in height.

2. In the R-2, AR, and RP districts, no main building shall exceed 35 feet in height.

3. In the R-3 district, no main building shall exceed 45 feet in height, except, where an R-3 district abuts upon an R-1 district, the maximum permitted building height shall be limited to 30 feet for a distance of 50 feet from the abutting boundary of the aforementioned district.

4. Accessory buildings in the R-1, R-2, R-3, AR, and RP districts are limited to 16 feet in height, except as follows:

a. Up to 800 square feet of an accessory building may have a height of up to 24 feet.

b. Aircraft hangars in the AR district may be the same height as the main building.

5. No cottage cluster dwelling shall exceed 25 feet in height in any zone where the use is permitted.

6. Single-family dwellings permitted in commercial or industrial districts shall not exceed 35 feet in height, or the maximum height permitted in the zone, whichever is less.

B. Commercial, Industrial and Mixed Employment.

1. In the C-1 district no main building or accessory building shall exceed 30 feet in height.

2. In the AI, C-2, C-3, M-E, M-1, M-2, and M-3 districts there is no building height limitation, except, where said districts abut upon a residential district, the maximum permitted building height shall not exceed the maximum building height permitted in the abutting residential district for a distance of 50 feet from the abutting boundary.

3. In the C-4 district, building height limitation is described in NMC 15.352.040(J)(1).

4. In the M-E district within the riverfront overlay subdistrict, building height limitation is described in NMC 15.352.060.

5. In the M-5 district there is no building height limitation, except, where said district abuts or is across an alley from a residential district, the maximum building height shall not exceed the maximum building height permitted in the abutting or across the alley residential district for a distance of 50 feet from the abutting boundary or property line next to the alley.

C. The maximum height of buildings and uses permitted conditionally shall be stated in the conditional use permits.

D. Institutional. The maximum height of any building or structure will be 75 feet except as follows:

1. Within 50 feet of an interior property line abutting a C-1, R-1, R-2 or R-P district, no main building may exceed 30 feet.

2. Within 50 feet of an interior property line abutting an R-3 district, no main building may exceed 45 feet.

3. Within 100 feet of a property line abutting a public street or railroad right-of-way, or within 100 feet of property lines abutting parcels with an R-1, R-2, R-3, R-P, C-1, C-2, C-3, M-1, M‑2, or M-3 zoning designation, no main building may exceed 50 feet in height.

4. To utilize the maximum permitted height standard, at least 80 percent of the building’s ground coverage must be beyond the setback area designated in subsection (D)(3) of this section. The maximum encroachment may not exceed 25 feet.

E. Alternative Building Height Standard. As an alternative to the building height standards above, any project may elect to use the following standard (see Figure 24 in Appendix A). To meet this standard:

1. Each point on the building must be no more than 20 feet higher than the ground level at all points on the property lines, plus one vertical foot for each horizontal foot of distance from that property line; and

2. Each point on the building must be no more than 20 feet higher than the ground level at a point directly north on a property line, plus one vertical foot for each two horizontal feet of distance between those points. This second limit does not apply if the property directly to the north is a right-of-way, parking lot, protected natural resource, or similar unbuildable property.

F. Buildings within the airport overlay subdistrict are subject to the height limits of that subdistrict. [Ord. 2930 § 4 (Exh. A-3), 1-6-25; Ord. 2889 § 2 (Exh. B § 32), 12-6-21; Ord. 2880 § 2 (Exh. B § 41), 6-7-21; Ord. 2868 § 1 (Exh. A), 11-16-20; Ord. 2730 § 1 (Exh. A (4)), 10-18-10; Ord. 2720 § 1(10), 11-2-09; Ord. 2647, 6-5-06; Ord. 2564, 4-15-02; Ord. 2550, 5-21-01; Ord. 2451, 12-2-96. Code 2001 § 151.536.]

Penalty: See NMC 15.05.120.

Roof structures and architectural features for the housing of elevators, stairways, tanks, ventilating fans and similar equipment required to operate and maintain the building, fire or parapet walls, skylights, towers, flagpoles, chimneys, smokestacks, wireless masts, TV antennas, steeples and similar structures may be erected above the height limits prescribed in this code; provided, that no roof structure, feature or any other device above the prescribed height limit shall be allowed or used for the purpose of providing additional floor space. Further, no roof structure or architectural feature under this exemption shall be erected more than 18 feet above the height of the main building, whether such structure is attached to it or freestanding, nor shall any such structure or feature exceed the height limits of the airport overlay subdistrict. [Ord. 2730 § 1 (Exh. A (4)), 10-18-10; Ord. 2451, 12-2-96. Code 2001 § 151.537.]

No building or structure shall be erected or altered except on a lot fronting or abutting on a public street or having access to a public street over a private street or easement of record approved in accordance with provisions contained in this code. New private streets may not be created to provide access except as allowed under NMC 15.332.020(B)(24), 15.336.020(B)(8), and in the M-4 zone. Existing private streets may not be used for access for new dwelling units, except as allowed under NMC 15.405.030. No building or structure shall be erected or altered without provisions for access roadways as required in the Oregon Fire Code, as adopted by the city. [Ord. 2720 § 1(11), 11-2-09; Ord. 2647, 6-5-06; Ord. 2507, 3-1-99; Ord. 2451, 12-2-96. Code 2001 § 151.538.]

Penalty: See NMC 15.05.120.

A. Where permitted, triplex dwellings and quadplex dwellings are subject to the following provisions:

1. Entry Orientation. At least one main entrance for each triplex or quadplex structure must meet the standards in subsections (A)(1)(a) and (b) of this section. Any detached structure with more than 50 percent of its street-facing facade separated from the street property line by a dwelling is exempt from meeting these standards.

a. The entrance must be within eight feet of the longest street-facing wall of the dwelling unit; and

b. The entrance must either:

i. Face the street (see Appendix A, Figure 26);

ii. Be at an angle of up to 45 degrees from the street (see Appendix A, Figure 27);

iii. Face a common open space that is adjacent to the street and is abutted by dwellings on at least two sides (see Appendix A, Figure 28); or

iv. Open onto a porch (see Appendix A, Figure 29). The porch must:

(A) Be at least 25 square feet in area; and

(B) Have at least one entrance facing the street or have a roof.

2. Windows. A minimum of 15 percent of the area of all street-facing facades must include windows or entrance doors. Facades separated from the street property line by a dwelling are exempt from meeting this standard. (See Appendix A, Figure 30.)

3. Garages and Off-Street Parking Areas. Garages and off-street parking areas shall not be located between a building and a public street (other than an alley), except in compliance with the standards in subsections (A)(2)(a) and (b) of this section.

a. The garage or off-street parking area is separated from the street property line by a dwelling; or

b. The combined width of all garages and outdoor on-site parking and maneuvering areas does not exceed a total of 50 percent of the street frontage.

B. Where permitted, townhouse dwellings are subject to the following provisions:

1. Number of Attached Units. The minimum number of attached townhouse dwelling units in all zones is two units. The maximum number of attached townhouse dwelling units is four units in the R-1 zone and eight units in the R-2, R-3, R-P and AR zones.

2. Entry Orientation. The main entrance of each townhouse must:

a. Be within eight feet of the longest street-facing wall of the dwelling unit, if the lot has public street frontage; and

b. Either:

i. Face the street (see Appendix A, Figure 26); or

ii. Be at an angle of up to 45 degrees from the street (see Appendix A, Figure 27); or

iii. Face a common open space or private access or driveway that is abutted by dwellings on at least two sides (see Appendix A, Figure 28); or

iv. Open onto a porch (see Appendix A, Figure 29). The porch must:

(A) Be at least 25 square feet in area; and

(B) Have at least one entrance facing the street or have a roof.

3. Unit Definition. Each townhouse must include at least one of the following on at least one street-facing facade (see Figure 31):

a. A roof dormer a minimum of four feet in width; or

b. A balcony a minimum of two feet in depth and four feet in width and accessible from an interior room; or

c. A bay window that extends from the facade a minimum of two feet; or

d. An offset of the facade a minimum of two feet in depth, either from the neighboring townhouse or within the facade of a single townhouse; or

e. An entryway that is recessed a minimum of three feet; or

f. A covered entryway with a minimum depth of four feet; or

g. A porch that is:

i. At least 25 square feet in area; and

ii. Has at least one entrance facing the street or has a roof.

4. Windows. A minimum of 15 percent of the area of all street-facing facades on each individual unit must include windows or entrance doors. Half of the window area in the door of an attached garage may count toward meeting this standard. (See Appendix A, Figure 30.)

5. Driveway Access and Parking. Townhouses with street frontage must meet the following standards:

a. Garages on the front facade of a townhouse, off-street parking areas in the front yard, and driveways in front of a townhouse are allowed if they meet the following standards (see Figure 32):

i. Each townhouse lot has a street frontage of at least 15 feet on a local street.

ii. A maximum of one driveway approach is allowed for every townhouse. Individual driveways may be between 10 and 12 feet in width. Driveway approaches and/or driveways may be shared.

iii. For two abutting lots in the same townhouse project, driveways are encouraged to be paired and abut along the lot line to create one shared driveway approach, which may be between 20 to 24 feet in width.

iv. Outdoor on-site parking and maneuvering areas do not exceed 12 feet wide on any lot.

v. The garage width does not exceed 12 feet, as measured from the inside of the garage door frame.

b. The following standards apply to driveways and parking areas for townhouse projects that do not meet all of the standards in subsection (B)(5)(a) of this section. The following driveway and parking area configurations may also be voluntarily utilized for townhouse projects that could otherwise meet the standards in subsection (B)(5)(a) of this section:

i. Off-street parking areas shall be accessed on the back facade or located in the rear yard. No off-street parking shall be allowed in the front yard or side yard of a townhouse.

ii. A townhouse project that includes a corner lot shall take access from a single driveway approach on the side of the corner lot. (See Appendix A, Figure 33.)

iii. Townhouse projects that do not include a corner lot shall consolidate access for all lots into a single driveway. The driveway and approach are not allowed in the area directly between the front facade and front lot line of any of the townhouses. (See Appendix A, Figure 34.)

iv. A townhouse project that includes consolidated access or shared driveways shall grant access easements to allow normal vehicular access and emergency access.

c. Townhouse projects in which all units take exclusive access from a rear alley are exempt from compliance with subsection (B)(5)(b) of this section.

d. As an alternative to the provisions of subsections (B)(5)(a) through (c) of this section, a townhouse development may utilize a shared parking area meeting the requirements of NMC 15.440.060.

C. Where permitted, cottage cluster projects are subject to the following provisions:

1. Unit Size. The dwelling unit footprint of an individual cottage dwelling shall not exceed 900 square feet. Up to 200 square feet may be excluded from the calculation of dwelling unit footprint for an attached garage or carport. Detached garages, carports, or accessory structures shall not be included in the calculation of dwelling unit footprint.

2. Number of Units. A minimum of four cottage dwellings is required per cottage cluster. A maximum of eight cottage dwellings is permitted per cluster in the R-1 zone and a maximum of 12 cottage dwellings per cluster is permitted in the R-2, R-3, R-P and AR zones. More than one cottage cluster may be permitted as part of a cottage cluster project.

3. Density. Cottage cluster projects shall meet a minimum density of four units per acre. No maximum density shall apply to cottage cluster projects.

4. Cottage Orientation. Cottages must be clustered around a common courtyard, meaning they abut the associated common courtyard or are directly connected to it by a pedestrian path, and must meet the following standards (see Appendix A, Figure 35):

a. Each cottage within a cluster must either abut the common courtyard or must be directly connected to it by a pedestrian path.

b. A minimum of 50 percent of cottages within a cluster must be oriented to the common courtyard and must:

i. Have a main entrance facing the common courtyard; and

ii. Be within 10 feet from the common courtyard, measured from the facade of the cottage to the nearest edge of the common courtyard; and

iii. Be connected to the common courtyard by a pedestrian path.

c. Cottages within 20 feet of a street property line may have their entrances facing the street.

d. Cottages not facing the common courtyard or the street must have their main entrances facing a pedestrian path that is directly connected to the common courtyard.

5. Common Courtyard Design Standards. Each cottage cluster must share a common courtyard in order to provide a sense of openness and community of residents. Common courtyards must meet the following standards (see Appendix A, Figure 35):

a. The common courtyard must be a single, contiguous piece.

b. Cottages must abut the common courtyard on at least two sides of the courtyard.

c. The common courtyard must contain a minimum of 150 square feet per cottage within the associated cluster.

d. The common courtyard must be a minimum of 15 feet wide at its narrowest dimension.

e. The common courtyard shall be developed with a mix of landscaping, lawn area, pedestrian paths, and/or paved courtyard area, and may also include recreational amenities. Impervious elements of the common courtyard shall not exceed 75 percent of the total common courtyard area.

f. Pedestrian paths must be included in a common courtyard. Paths that are contiguous to a courtyard shall count toward the courtyard’s minimum dimension and area. Parking areas, required setbacks, and driveways do not qualify as part of a common courtyard.

6. Community Buildings. Cottage cluster projects may include community buildings for the shared use of residents that provide space for accessory uses such as community meeting rooms, guest housing, exercise rooms, day care, or community eating areas. Community buildings must meet the following standards:

a. A community building that meets the development code’s definition of a dwelling unit must meet the maximum 900 square foot footprint limitation that applies to cottages, unless a covenant is recorded against the property stating that the structure is not a legal dwelling unit and will not be used as a primary dwelling.

7. Pedestrian Access.

a. An accessible pedestrian path must be provided that connects the main entrance of each cottage to the following:

i. The common courtyard; and

ii. Shared parking areas; and

iii. Community buildings; and

iv. Sidewalks in public rights-of-way abutting the site or rights-of-way if there are no sidewalks.

b. The pedestrian path must be hard-surfaced and a minimum of four feet wide.

8. Parking Design (see Appendix A, Figure 36).

a. Clustered Parking. Off-street parking may be arranged in clusters, subject to the following standards:

i. Cottage cluster projects with fewer than 16 cottages are permitted parking clusters of not more than five contiguous spaces.

ii. Cottage cluster projects with 16 cottages or more are permitted parking clusters of not more than eight contiguous spaces.

iii. Parking clusters must be separated from other spaces by at least four feet of landscaping.

iv. Clustered parking areas may be covered.

b. Parking Location and Access.

i. Off-street parking spaces and vehicle maneuvering areas shall not be located:

(A) Within 20 feet from any street property line, except alley property lines; or

(B) Between a street property line and the front facade of cottages located closest to the street property line. This standard does not apply to alleys.

ii. Off-street parking spaces shall not be located within 10 feet of any other property line, except alley property lines. Driveways and drive aisles are permitted within 10 feet of other property lines.

c. Screening. Landscaping, fencing, or walls at least three feet tall shall separate clustered parking areas and parking structures from common courtyards and public streets.

d. As an alternative to the provisions of subsections (C)(8)(a) through (c) of this section, a cottage cluster development may utilize a shared parking area meeting the requirements of NMC 15.440.060.

e. Garages and Carports.

i. Garages and carports (whether shared or individual) must not abut common courtyards.

ii. Individual attached garages up to 200 square feet shall be exempted from the calculation of maximum building footprint for cottages.

iii. Individual detached garages must not exceed 400 square feet in floor area.

iv. Garage doors for attached and detached individual garages must not exceed 20 feet in width.

9. Accessory Structures. Accessory structures must not exceed 400 square feet in floor area.

10. Existing Structures. On a lot or parcel to be used for a cottage cluster project, an existing detached single-family dwelling on the same lot at the time of proposed development of the cottage cluster may remain within the cottage cluster project area under the following conditions:

a. The existing dwelling may be nonconforming with respect to the requirements of this subsection (C).

b. The existing dwelling may be expanded up to the maximum height of 25 feet or the maximum building footprint of 900 square feet; however, existing dwellings that exceed the maximum height and/or footprint may not be expanded.

c. The existing dwelling shall be excluded from the calculation of orientation toward the common courtyard, per subsection (C)(4)(b) of this section. [Ord. 2889 § 2 (Exh. B § 33), 12-6-21; Ord. 2499, 11-2-98; Ord. 2451, 12-2-96. Code 2001 § 151.540.]

Repealed by Ord. 2933. [Ord. 2499, 11-2-98; Ord. 2451, 12-2-96. Code 2001 § 151.540.]

Applications for middle housing land divisions shall follow the building and site design standards set forth in this chapter. [Ord. 2912 § 1 (Exh. A § 15), 5-1-23.]

A. A minimum of 75 percent of a structure’s street front facade at street level shall be occupied by nonresidential uses.

B. The minimum floor-to-floor height of the first floor shall be 13 feet.

C. If off-street parking is provided, private parking areas or garages shall not be located between the structure’s street front facade and the street.

D. The primary entrance for the work use shall be oriented towards a street frontage or common courtyard that may be used for utilized for residential units. [Ord. 2930 § 4 (Exh. A-3), 1-6-25.]

A. Private and Shared Outdoor Recreation Areas in Residential Developments.

1. Private Areas. Each ground-level living unit in a residential development subject to a design review plan approval shall have an accessible outdoor private space of not less than 48 square feet in area. The area shall be enclosed, screened or otherwise designed to provide increased privacy for unit residents, their guests and neighbors.

2. Individual and Shared Areas. Usable outdoor recreation space shall be provided for the individual and/or shared use of residents and their guests in any multifamily residential development, as follows:

a. One- or two-bedroom units: 200 square feet per unit.

b. Three- or more bedroom units: 300 square feet per unit.

c. Storage areas are required in residential developments. Convenient areas shall be provided in residential developments for the storage of articles such as bicycles, barbecues, luggage, outdoor furniture, and the like. These shall be entirely enclosed.

3. In the AR airport residential district a five percent landscaping standard is required with the goal of “softening” the buildings and making the development “green” with plants, where possible. The existence of the runway, taxiway, and approach open areas already provide generally for the 15 percent requirement.

B. Required Landscaped Area. The following landscape requirements are established for all developments except single-family detached dwellings, duplex dwellings, triplex dwellings, quadplex dwellings, townhouse dwellings and cottage cluster projects:

1. A minimum of 15 percent of the lot area shall be landscaped; provided, however, that computation of this minimum may include areas landscaped under subsection (B)(3) of this section. Development in the C-3 (central business district) zoning district, M-4 (large lot industrial), and M-5 (craft industrial) zoning district is exempt from the 15 percent landscape area requirement of this section. Additional landscaping requirements in the C-4 district are described in NMC 15.352.040(K). In the AI airport industrial district, only a five percent landscaping standard is required with the goal of “softening” the buildings and making the development “green” with plants, where possible. The existence of the runway, taxiway, and approach open areas already provide generally for the 15 percent requirement. Developments in the AI airport industrial district with a public street frontage shall have said minimum landscaping between the front property line and the front of the building.

2. All areas subject to the final design review plan and not otherwise improved shall be landscaped.

3. The following landscape requirements shall apply to the parking and loading areas:

a. A parking or loading area providing 10 or more spaces shall be improved with defined landscaped areas totaling no less than 25 square feet per parking space, except that the standard shall be reduced to 12.5 square feet of landscaping per parking space for development in the M-5 zoning districts provided all other requirements of this subsection (B) are met for landscaping areas.

b. A parking or loading area or drive aisle which runs adjacent to a property line shall be separate from any lot line adjacent to a street by a landscaped strip at least 10 feet in interior width or the width of the required yard, whichever is greater, except that the landscape strip may be reduced to a minimum of five feet in interior width for development in the M-5 zoning districts and may be eliminated along any lot line adjacent to an alley. A parking or loading area or drive aisle which runs adjacent to a property line in all zoning districts shall be separated from any other lot line by a landscaped strip of at least five feet in interior width. See subsections (B)(3)(c) and (B)(3)(d) of this section for material to plant within landscape strips.

c. A landscaped strip separating a parking area, loading area, or drive aisle from a street shall contain street trees spaced as appropriate to the species, not to exceed 50 feet apart on average, and a combination of shrubs and ground cover, or lawn. This landscaping shall provide partial screening of these areas from the street.

d. A landscaped strip separating a parking area, loading area, or drive aisle from an interior lot line shall contain any combination of trees, shrubs, ground cover or lawn. Plant material shall be selected from at least two different plant material groups (example: trees and shrubs, or lawn and shrubs, or lawn and trees and shrubs).

e. Landscaping in a parking or loading area shall be located in defined landscaped areas which are uniformly distributed throughout the parking or loading area.

f. Landscaping areas in a parking lot, service drive or loading area shall have an interior width of not less than five feet.

g. All multifamily, institutional, commercial, or industrial parking areas, service drives, or loading zones which abut a residential district shall be enclosed with a 75 percent opaque, site-obscuring fence, wall or evergreen hedge along and immediately adjacent to any interior property line which abuts the residential district. Landscape plantings must be large enough to provide the required minimum screening requirement within 12 months after initial installation. Adequate provisions shall be maintained to protect walls, fences or plant materials from being damaged by vehicles using said parking areas.

h. An island of landscaped area shall be located to separate blocks of parking spaces. At a minimum, one deciduous shade tree per seven parking spaces shall be planted to create a partial tree canopy over and around the parking area. No more than seven parking spaces may be grouped together without an island separation unless otherwise approved by the director based on the following alternative standards:

i. Provision of a continuous landscaped strip, with a five-foot minimum width, which runs perpendicular to the row of parking spaces (see Appendix A, Figure 13).

ii. Provision of tree planting landscape islands, each of which is at least 16 square feet in size, and spaced no more than 50 feet apart on average, within areas proposed for back-to-back parking (see Appendix A, Figure 14).

4. Trees, Shrubs and Ground Covers. The species of street trees required under this section shall conform to those authorized by the city council through resolution. The director shall have the responsibility for preparing and updating the street tree species list which shall be adopted in resolution form by the city council.

a. Arterial and minor arterial street trees shall have spacing of approximately 50 feet on center. These trees shall have a minimum two-inch caliper tree trunk or stalk at a measurement of two feet up from the base and shall be balled and burlapped or boxed.

b. Collector and local street trees shall be spaced approximately 35 to 40 feet on center. These trees shall have a minimum of a one and one-half or one and three-fourths inch tree trunk or stalk and shall be balled and burlapped or boxed.

c. Accent Trees. Accent trees are trees such as flowering cherry, flowering plum, crab-apple, Hawthorne and the like. These trees shall have a minimum one and one-half inch caliper tree trunk or stalk and shall be at least eight to 10 feet in height. These trees may be planted bare root or balled and burlapped. The spacing of these trees should be approximately 25 to 30 feet on center.

d. All broad-leafed evergreen shrubs and deciduous shrubs shall have a minimum height of 12 to 15 inches and shall be balled and burlapped or come from a two-gallon can. Gallon-can size shrubs will not be allowed except in ground covers. Larger sizes of shrubs may be required in special areas and locations as specified by the design review board. Spacing of these shrubs shall be typical for the variety, three to eight feet, and shall be identified on the landscape planting plan.

e. Ground Cover Plant Material. Ground cover plant material such as greening juniper, cotoneaster, minor Bowles, English ivy, hypericum and the like shall be one of the following sizes in specified spacing for that size:

5. Automatic, underground irrigation systems shall be provided for all areas required to be planted by this section. The director shall retain the flexibility to allow a combination of irrigated and nonirrigated areas. Landscaping material used within nonirrigated areas must consist of drought- resistant varieties. Provision must be made for alternative irrigation during the first year after initial installation to provide sufficient moisture for plant establishment.

6. Required landscaping shall be continuously maintained.

7. Maximum height of tree species shall be considered when planting under overhead utility lines.

8. Landscaping requirements and standards for parking and loading areas (subsection (B)(3) of this section) will apply to development proposals unless the institution has addressed the requirements and standards by an approved site development master plan. With an approved site development master plan, the landscape requirements will be reviewed through an administrative Type I review process.

9. In the M-4 zone, landscaping requirements and standards for parking and loading areas (subsection (B)(3) of this section) do not apply unless within 50 feet of a residential district.

C. Installation of Landscaping. All landscaping required by these provisions shall be installed prior to the issuance of occupancy permits, unless security equal to 110 percent of the cost of the landscaping as determined by the director is filed with the city, insuring such installation within six months of occupancy. A security – cash, certified check, time certificates of deposit, assignment of a savings account, bond or such other assurance of completion as shall meet with the approval of the city attorney – shall satisfy the security requirements. If the installation of the landscaping is not completed within the six-month period, or within an extension of time authorized by the director, the security may be used by the city to complete the installation. Upon completion of the installation, any portion of the remaining security deposited with the city shall be returned to the applicant. [Ord. 2930 § 4 (Exh. A-3), 1-6-25; Ord. 2889 § 2 (Exh. B § 34), 12-6-21; Ord. 2880 § 2 (Exh. B §§ 42, 43), 6-7-21; Ord. 2720 § 1(16, 17), 11-2-09; Ord. 2647, 6-5-06; Ord. 2564, 4-15-02; Ord. 2561, 4-1-02; Ord. 2513, 8-2-99; Ord. 2451, 12-2-96. Code 2001 § 151.580.]

Penalty: See NMC 15.05.120.

The following standards are intended to create attractive streetscapes and inviting pedestrian spaces. A review body may require any of the following landscaping and amenities to be placed in abutting public rights-of-way as part of multifamily, commercial, industrial, or institutional design reviews, or for subdivisions and planned unit developments. In addition, any entity improving existing rights-of-way should consider including these elements in the project. A decision to include any amenity shall be based on comprehensive plan guidelines, pedestrian volumes in the area, and the nature of surrounding development.

A. Pedestrian Space Landscaping. Pedestrian spaces shall include all sidewalks and medians used for pedestrian refuge. Spaces near sidewalks shall provide plant material for cooling and dust control, and street furniture for comfort and safety, such as benches, waste receptacles and pedestrian-scale lighting. These spaces should be designed for short-term as well as long-term use. Elements of pedestrian spaces shall not obstruct sightlines and shall adhere to any other required city safety measures. Medians used for pedestrian refuge shall be designed for short-term use only with plant material for cooling and dust control, and pedestrian-scale lighting. The design of these spaces shall facilitate safe pedestrian crossing with lighting and accent paving to delineate a safe crossing zone visually clear to motorists and pedestrians alike.

1. Street trees planted in pedestrian spaces shall be planted according to NMC 15.420.010(B)(4).

2. Pedestrian spaces shall have low (two and one-half feet) shrubs and ground covers for safety purposes, enhancing visibility and discouraging criminal activity.

a. Plantings shall be 90 percent evergreen year-round, provide seasonal interest with fall color or blooms, and at maturity maintain growth within the planting area (refer to plant material matrix below).

b. Plant placement shall also adhere to clear sight line requirements as well as any other relevant city safety measures.

3. Pedestrian-scale lighting shall be installed along sidewalks and in medians used for pedestrian refuge.

a. Pole lights as well as bollard lighting may be specified; however, the amount and type of pedestrian activity during evening hours, e.g., transit stops, nighttime service districts, shall ultimately determine the type of fixture chosen.

b. Luminaire styles shall match the area/district theme of existing luminaires and shall not conflict with existing building or roadway lights causing glare.

c. Lighting heights and styles shall be chosen to prevent glare and to designate a clear and safe path and limit opportunities for vandalism (see Appendix A, Figure 17, Typical Pedestrian Space Layouts).

d. Lighting shall be placed near the curb to provide maximum illumination for spaces furthest from building illumination. Spacing shall correspond to that of the street trees to prevent tree foliage from blocking light.

4. Street furniture such as benches and waste receptacles shall be provided for spaces near sidewalks only.

a. Furniture should be sited in areas with the heaviest pedestrian activity, such as downtown, shopping districts, and shopping centers.

b. Benches should be arranged to facilitate conversation between individuals with L-shaped arrangements and should face the area focal point, such as shops, fountains, plazas, and should divert attention away from nearby traffic.

5. Paving and curb cuts shall facilitate safe pedestrian crossing and meet all ADA requirements for accessibility.

6. Outdoor cafe-style seating and outdoor display or sales areas may be provided along sidewalks, provided a clear path for pedestrian travel meeting all ADA requirements is maintained.

B. Planting Strip Landscaping. All planting strips shall be landscaped. Planting strips provide a physical and psychological buffer for pedestrians from traffic with plant material that reduces heat and dust, creating a more comfortable pedestrian environment. Planting strips shall have different arrangements and combinations of plant materials according to the frequency of on-street parking (see Appendix A, Figures 18 and 19).

1. Planting strips which do not have adjacent parking shall have a combination of ground covers, low (two and one-half feet) shrubs and trees. Planting strips adjacent to frequently used on-street parking, as defined by city staff, shall only have trees protected by tree grates, and planting strips adjacent to infrequently used on-street parking shall be planted with ground cover as well as trees (see Appendix A, Figures 18 and 19, Typical Planting Strip Layouts). District themes or corridor themes linking individual districts should be followed utilizing a unifying plant characteristic, e.g., bloom color, habit, or fall color. When specifying thematic plant material, monocultures should be avoided, particularly those species susceptible to disease.

2. Street trees shall be provided in all planting strips as provided in NMC 15.420.010(B)(4).

a. Planting strips without adjacent parking or with infrequent adjacent parking shall have street trees in conjunction with ground covers and/or shrubs.

b. Planting strips with adjacent parking used frequently shall have only street trees protected by tree grates.

3. Shrubs and ground covers shall be provided in planting strips without adjacent parking with low (two and one-half feet) planting masses to enhance visibility, discourage criminal activity, and provide a physical as well as psychological buffer from passing traffic.

a. Plantings shall be 90 percent evergreen year-round, provide seasonal interest with fall color or blooms and at maturity maintain growth within the planting area.

b. Ground cover able to endure infrequent foot traffic shall be used in combination with street trees for planting strips with adjacent occasional parking (refer to plant material matrix below).

c. All plant placement shall adhere to clear sight line requirements as well as any other relevant city safety measures.

C. Maintenance. All landscapes shall be maintained for the duration of the planting to encourage health of plant material as well as public health and safety. All street trees and shrubs shall be pruned to maintain health and structure of the plant material for public safety purposes.

D. Exception. In the AI airport industrial district and AR airport residential district, no landscape or amenities except for grass are required for any area within 50 feet of aircraft operation areas including aircraft parking areas, taxiways, clear areas, safety areas, object-free areas, and the runway.

[Ord. 2930 § 4 (Exh. A-3), 1-6-25; Ord. 2763 § 1 (Exh. A § 14), 9-16-13; Ord. 2647, 6-5-06; Ord. 2513, 8-2-99. Code 2001 § 151.581.]

The purpose of this chapter is to regulate the placement, orientation, distribution patterns, and fixture types of on-site outdoor lighting. The intent of this section is to provide minimum lighting standards that promote safety, utility, and security, prevent glare on public roadways, and protect the privacy of residents. [Ord. 2537, 11-6-00. Code 2001 § 151.585.]

A. Applicability. Outdoor lighting shall be required for safety and personal security in areas of assembly, parking, and traverse, as part of multifamily residential, commercial, industrial, public, recreational and institutional uses. The applicant for any Type I or Type II development permit shall submit, as part of the site plan, evidence that the proposed outdoor lighting plan will comply with this section. This information shall contain but not be limited to the following:

1. The location, height, make, model, lamp type, wattage, and proposed cutoff angle of each outdoor lighting fixture.

2. Additional information the director may determine is necessary, including but not limited to illuminance level profiles, hours of business operation, and percentage of site dedicated to parking and access.

3. If any portion of the site is used after dark for outdoor parking, assembly or traverse, an illumination plan for these areas is required. The plan must address safety and personal security.

B. Exemptions. The following uses shall be exempt from the provisions of this section:

1. Public street and airport lighting.

2. Circus, fair, carnival, or outdoor governmentally sponsored event or festival lighting.

3. Construction or emergency lighting, provided such lighting is discontinued immediately upon completion of the construction work or abatement of the emergency necessitating said lighting.

4. Temporary Lighting. In addition to the lighting otherwise permitted in this code, a lot may contain temporary lighting during events as listed below:

a. Grand Opening Event. A grand opening is an event of up to 30 days in duration within 30 days of issuance of a certificate of occupancy for a new or remodeled structure, or within 30 days of change of business or ownership. No lot may have more than one grand opening event per calendar year. The applicant shall notify the city in writing of the beginning and ending dates prior to the grand opening event.

b. Other Events. A lot may have two other events per calendar year. The events may not be more than eight consecutive days in duration, nor less than 30 days apart.

5. Lighting activated by motion sensor devices.

6. Nonconforming lighting in place as of September 5, 2000. Replacement of nonconforming lighting is subject to the requirements of NMC 15.205.010 through 15.205.100.

7. Light Trespass onto Industrial Properties. The lighting trespass standards of NMC 15.425.040 do not apply where the light trespass would be onto an industrially zoned property. [Ord. 2720 § 1(18), 11-2-09; Ord. 2537, 11-6-00. Code 2001 § 151.586.]

The provisions of this section are not intended to prevent the use of any design, material, or methods of installation or operation not specifically prescribed by this section, provided any such alternate has been approved by the director. Alternatives must be an approximate equivalent to the applicable specific requirement of this section and must comply with all other applicable standards in this section. [Ord. 2537, 11-6-00. Code 2001 § 151.587.]

A. General Requirements – All Zoning Districts.

1. Low-level light fixtures include exterior lights which are installed between ground level and six feet tall. Low-level light fixtures are considered nonintrusive and are unrestricted by this code.

2. Medium-level light fixtures include exterior lights which are installed between six feet and 15 feet above ground level. Medium-level light fixtures must either comply with the shielding requirements of subsection (B) of this section, or the applicant shall show that light trespass from a property has been designed not to exceed one-half foot-candle at the property line.

3. High-level light fixtures include exterior lights which are installed 15 feet or more above ground level. High-level light fixtures must comply with the shielding requirements of subsection (B) of this section, and light trespass from a property may not exceed one-half foot-candle at the property line.

B. Table of Shielding Requirements.

    Note: “Incandescent” includes tungsten-halogen (quartz) lamps.

[Ord. 2537, 11-6-00. Code 2001 § 151.588.]

A. All new utility lines, including but not limited to electric, communication, natural gas, and cable television transmission lines, shall be placed underground. This does not include surface-mounted transformers, connections boxes, meter cabinets, service cabinets, temporary facilities during construction, and high-capacity electric lines operating at 50,000 volts or above.

B. Existing utility lines shall be placed underground when they are relocated, or when an addition or remodel requiring a Type II design review is proposed, or when a developed area is annexed to the city.

C. The director may make exceptions to the requirement to underground utilities based on one or more of the following criteria:

1. The cost of undergrounding the utility is extraordinarily expensive.

2. There are physical factors that make undergrounding extraordinarily difficult.

3. Existing utility facilities in the area are primarily overhead and are unlikely to be changed. [Ord. 2537, 11-6-00. Code 2001 § 151.589.]

A. The citizens of Newberg desire a clean, attractive, economically vibrant, and safe community. Well-planned and constructed signs can contribute to the community’s success by directing and informing the public about commercial and other activities, and by creating attractive commercial and other neighborhoods. On the other hand, unregulated signage can create clutter, distractions, and hazards.

B. These regulations are designed:

1. To improve, maintain and preserve Newberg as a pleasing environment so as to improve the quality of life of all residents.

2. To enhance the attractiveness of Newberg as a place to conduct business.

3. To enable the identification of places of residence and business.

4. To allow freedom of expression.

5. To reduce distractions and obstructions from signs which would adversely affect safety.

6. To reduce the hazards from improperly placed or constructed signs. [Ord. 2782 § 1 (Exh. A), 9-8-15; Ord. 2499, 11-2-98. Code 2001 § 151.590.]

A. All signs placed or maintained anywhere within the city shall comply with the standards of this chapter, with the exception of the following:

1. Public signs.

2. Signs that are required to be placed by law and that are no more than 50 percent larger than the minimum size required by law or, if there is no minimum size specified, signs with lettering height no more than four inches.

3. Signs painted on or attached to windows that do not cover more than 50 percent of the surface of that window.

4. Signs located entirely within a building and not on a window.

5. Signs not legible from the public right-of-way.

B. If any of the signs listed above require permits under the current edition of the Oregon Structural Specialty Code, the sign shall be placed only following issuance of such permit.

C. Nothing in this chapter shall be construed to allow placement of a sign on a property without the authority of the property owner. [Ord. 2782 § 1 (Exh. A § 1), 9-8-15; Ord. 2499, 11-2-98. Code 2001 § 151.591.]

A. Except as follows, no person or entity shall place any sign within the city without first obtaining a permit from the director.

B. The following do not require sign permits, but must otherwise comply with the standards of this chapter:

1. Minor freestanding signs.

2. Minor attached signs.

3. Temporary signs.

4. Portable signs (except as stated in NMC 15.435.105).

5. Flag display (two allowed on each street frontage, except as authorized by NMC 15.435.100(C)).

6. If any of the signs listed above require permits under the current edition of the Oregon Structural Specialty Code, the sign shall be placed only following the issuance of such permit. [Ord. 2897 § 1 (Exh. A § 1), 6-21-22; Ord. 2782 § 1 (Exh. A), 9-8-15; Ord. 2499, 11-2-98. Code 2001 § 151.592.]

Penalty: See NMC 15.05.120.

A. All signs shall comply with the standards contained in the current edition of the Oregon Structural Specialty Code. If the standards of that code and this development code conflict, this development code shall prevail. All signs shall be kept in repair and in a proper state of preservation as required under the current edition of the Oregon Structural Specialty Code.

B. No sign shall have bright or flashing lights shining on a public way that blind or impair the vision of drivers. No sign shall be constructed such that it may be confused with any traffic sign, signal or device.

C. In the C-3 and M-5 zones, animated signs are prohibited.

D. All signs shall comply with the vision clearance standards of NMC 15.410.060.

E. Signs located in the airport overlay subdistrict shall comply with the height and visual interference restrictions of that district. [Ord. 2930 § 4 (Exh. A-3), 1-6-25; Ord. 2782 § 1 (Exh. A), 9-8-15; Ord. 2731 § 3, 10-18-10; Ord. 2565, 4-1-02; Ord. 2561, 4-1-02; Ord. 2499, 11-2-98. Code 2001 § 151.593.]

Penalty: See NMC 15.05.120.

A. Number.

1. Residential, I, and CF Zones. One major freestanding sign is allowed on each street frontage, plus one sign for each full 600 feet of street frontage. Only one sign on each street frontage may be an animated sign.

2. Other Zones. Not more than one major freestanding sign shall be located on any one street frontage.

B. Size.

1. Residential Zones. No major freestanding sign shall be larger than 0.2 square feet per foot of street frontage, up to a maximum of 50 square feet. At least six square feet of signage will be allowed. Major freestanding signs are not allowed on lots containing only one single-family dwelling or duplex.

2. C-1 and I Zones. No major freestanding sign shall be larger than one-half square foot per foot of street frontage, up to a maximum of 100 square feet. At least 12 square feet of signage will be allowed.

3. Other Zones. No major freestanding sign shall be larger than one square foot per foot of street frontage, up to a maximum of 100 square feet. At least 40 square feet of signage will be allowed. For any lot at least 10 acres in size with at least 200 feet of frontage on a street, the one sign on that street may be up to 200 square feet total size.

C. Height and Setbacks. Freestanding signs regulated by this section are not subject to the setback requirements of NMC 15.410.010 through 15.410.070 or the projecting building features requirements of said sections. Height and setbacks of freestanding signs shall conform to the following requirements:

1. C-3 Zone. No major freestanding signs shall be allowed greater than six feet in height.

2. Other Zones.

a. A sign up to three feet in height is not required to be set back from any property line.

b. A sign taller than three feet and up to six feet shall be set back at least five feet from any property line.

c. A sign taller than six feet and up to eight feet shall be set back at least 10 feet from any front property line and five feet from any interior property line.

d. A sign taller than eight feet and up to 15 feet shall be set back at least 15 feet from any front property line and five feet from any interior property line.

e. A sign taller than 15 feet and up to 20 feet shall be set back at least 20 feet from the front property line and five feet from any interior property line.

f. A sign on a lot that is at least 10 acres in size in a zone other than residential, C-1, or I and that has at least 200 feet of frontage on a street may be up to 30 feet high, provided it is set back at least 20 feet from the front property line and at least 10 feet from any interior property line. [Ord. 2731 § 3, 10-18-10; Ord. 2646, 6-5-06; Ord. 2565, 4-1-02; Ord. 2561, 4-1-02; Ord. 2499, 11-2-98. Code 2001 § 151.594.]

Penalty: See NMC 15.05.120.

A. Number. Not more than two minor freestanding signs shall be located in the front yard on any one street frontage, plus one for each full 100 feet of street frontage. This number limit shall not apply to minor freestanding signs located outside a required front yard and more than 10 feet from the public right-of-way.

B. Size.

1. Residential Zones. No minor freestanding sign shall exceed three square feet in area.

2. Other Zones. No minor freestanding sign shall exceed six square feet in area.

C. Height. No minor freestanding sign shall exceed three feet in height. [Ord. 2561, 4-1-02; Ord. 2499, 11-2-98. Code 2001 § 151.595.]

Penalty: See NMC 15.05.120.

A. Number.

1. C-3 Zone. Allowed major attached signs include flat wall signs and signs that project over the sidewalk. Prohibited signs include signs on roofs, chimneys or balconies.

2. All Zones. The number of major attached signs on any building face shall not exceed one per 25 feet of building frontage of that face.

B. Size.

1. R-1’, R-2, and R-3 Zones. The total of all major attached signs on any building frontage shall not exceed 0.2 square feet for each foot of building frontage. At least six square feet of signage will be allowed up to a maximum of 50 square feet. Major attached signs are not allowed on lots containing only one single-family dwelling or duplex.

2. RP, C-1, and I Zones. The total of all major attached signs on any building frontage shall not exceed one-half square foot for each foot of building frontage. At least 12 square feet of signage will be allowed.

3. Other Zones. The total of all major attached signs on any building frontage shall not exceed one square foot for each foot of building frontage. At least 40 square feet of signage will be allowed.

C. Height.

1. C-3 Zone. Maximum mounting height for wall signs shall be 18 feet above the sidewalk, measured from the top of the sign. The top signboard of a projecting sign on a single-story building shall not be higher than the wall from which it projects. For multistory buildings, the signboard shall not be higher than the average sill height of the second-story windows. Projecting signs shall be mounted such that the distance between the lower edge of the signboard and the ground level is not less than eight feet. The distance from the building wall to the signboard shall be a maximum of six inches.

2. Other Zones. Major attached signs shall not extend above the roof line of the building they are attached to by more than eight feet, and shall not exceed the maximum height of the zone in which they are located.

D. Projections. Major attached signs may project into the required front yard no more than five feet and into the required interior yards not more than two feet; provided, that such projections are no closer than three feet to any interior lot line. For buildings in the C-3 zone, major attached signs may project up to five feet into the right-of-way, but not closer than two feet from the curb line. The lower edge of any major attached sign shall be at least eight feet above ground level. This requirement supersedes the relevant sign standards in the current edition of the Oregon Structural Specialty Code. [Ord. 2731 § 3, 10-18-10; Ord. 2561, 4-1-02; Ord. 2499, 11-2-98. Code 2001 § 151.596.]

Penalty: See NMC 15.05.120.

A. Minor Attached Signs.

1. Spacing. No two minor attached signs on one building that are both visible from any one point shall be closer than 25 feet.

2. Size.

a. Residential Zones. Minor attached signs shall not exceed three square feet in area.

b. Other Zones. Minor attached signs shall not exceed six square feet in area.

3. Height. Minor attached signs shall not extend above the roof line of the building they are attached to.

4. Projections.

a. C-3 Zone. Minor attached signs may project no more than three feet into a public right-of-way, but no closer than two feet from the curb line. The lower edge of any minor attached sign shall be at least eight feet above ground level. This requirement supersedes the relevant sign standards in the current edition of the Oregon Structural Specialty Code.

b. Other Zones. The same projection is allowed as for major attached signs, NMC 15.435.070.

B. Awning Signage. Awnings are encouraged along the frontage of buildings in the C-3 district.

1. C-3 Zone. Back-lit translucent awnings are not allowed. Lettering may appear on curved surfaces, but shall be limited to the lowest 12 inches of the awning (measured vertically from the lowest edge). Freestanding letters mounted on top of the front vertical surface are also allowed, though they shall not exceed eight inches in height.

a. Other minor attached signs may be attached to or suspended from an awning or canopy, provided they are less than six square feet in size.

b. The lower edge of any awning shall be at least eight feet above ground level. This requirement supersedes the relevant sign standards in the Uniform Sign Code.

c. Signage is not allowed on any awning surfaces that are not specifically permitted in this section.

2. Other Zones. Awning signs in other zones shall be regulated as either minor or major attached signs.

C. Umbrella Signage. Signs on umbrellas are allowed without a sign permit but are limited to the lowest 12 inches of the umbrella (measured along the umbrella surface from the lowest edge). Umbrella signs shall comply with all other municipal code requirements. [Ord. 2782 § 1 (Exh. A), 9-8-15; Ord. 2561, 4-1-02; Ord. 2499, 11-2-98. Code 2001 § 151.597.]

Penalty: See NMC 15.05.120.

A. Electronic message center (EMC) signs are permitted subject to the limitations shown in the table below:

[1] Maximum size of EMC is limited by the maximum size of sign allowed in that zone. Therefore, EMCs of the size shown may or may not be allowed.

[2] Allowed if setback from front property line is greater than 30 feet.

[3] Must be turned off between the hours of 11:00 p.m. and 6:00 a.m.

B. Review Process for Allowed EMC. The table in subsection (A) of this section lists the zones where EMCs are allowed, based on the display method, size, and review process. EMCs that are allowed in the zone will use the standard Type I administrative review process.

C. Review process for EMCs that require site element review:

Site element review is a Type I process with a decision by the planning director.

1. Criteria. The review body must find that the sign will be compatible with surrounding uses, based on all of the following factors:

a. Proposed sign operation complies with the code.

b. Setback: at least 15 feet from the front property line.

c. Hours of operation: may be required to be turned off between the hours of 11:00 p.m. and 6:00 a.m. if sign is abutting and visible from a residential district.

d. Site landscaping is maintained and is up to code. If the site is nonconforming and cannot be brought up to code then efforts have been made to bring the site as close to code as practical.

e. Freestanding signs include three of the following design elements:

i. Includes prominent brickwork, masonry, naturally finished wood, or naturally finished metal in frame or supports.

ii. Includes neon type tube lighting on portions of the sign outside the EMC.

iii. Uses two support poles or a full-width support structure.

iv. Outline or top of the frame is predominantly nonrectangular or curved.

v. Includes landscaping around the base equal in area to the size of the sign.

vi. More than 40 percent of sign is EMC.

vii. Height is 20 percent lower than otherwise required.

viii. Setback is 20 percent greater than otherwise required.

ix. Sign will be used by two or more businesses on site. Each business must have two or more employees on site at least 15 hours per week.

2. Appeals. Appeal of the director’s decision will be to the planning commission.

D. Size Incentive. If any freestanding EMC sign includes four of the design elements in subsection (C)(1)(e) of this section, then the allowable sign area is increased by 10 percent. If any freestanding EMC sign includes five or more of the design elements in subsection (C)(1)(e) of this section, then the allowable sign area is increased by 20 percent.

E. Electronic Scoreboards. Electronic scoreboards with electronic message centers in stadiums or at sports fields are not considered signs or limited in size or display method if they are oriented inward to the playing field.

F. Sign Maintenance. All electronic message centers shall be kept in a good state of repair. Any burned out lights or LEDs shall be replaced as soon as possible.

G. Brightness. Each electronic message center shall be equipped with dimming technology that automatically varies the brightness of the electronic message display according to ambient light conditions. This standard shall only apply to signs approved after October 18, 2010. [Ord. 2930 § 4 (Exh. A-3), 1-6-25; Ord. 2731 § 1, 10-18-10. Code 2001 § 151.597.5.]

A. Number. Not more than two portable signs may be located on any one street frontage, except temporary signs allowed per NMC 15.435.100.

B. Size.

1. Residential Zones.

a. Residential Uses. Two portable signs. Each sign not to exceed six square feet.

b. All Other Permitted Uses. Two portable signs not to exceed six square feet if located in the front yard, or 16 square feet if located elsewhere on the property.

2. Other Zones. The two portable signs may not exceed 12 square feet if located in the front yard, or 40 square feet if located elsewhere on the property.

C. Design. No portable sign shall be permanently affixed to any structure or the ground. No portable sign shall be attached to a tree, utility pole, traffic sign, street sign, or any publicly owned pole, post, wire or cable, except as authorized by the city. All signs shall be designed to be removed quickly. No portable sign shall be animated or internally illuminated. No readerboard shall be used as a portable sign, except as a temporary sign as permitted in NMC 15.435.100.

D. Location. No portable sign shall be located within the public right-of-way except as allowed under NMC 15.435.110.

E. Height. The height of a portable sign shall not exceed the maximum height of buildings in that zone. [Ord. 2897 § 1 (Exh. A § 2), 6-21-22; Ord. 2782 § 1 (Exh. A), 9-8-15; Ord. 2499, 11-2-98. Code 2001 § 151.598.]

Penalty: See NMC 15.05.120.

In addition to the portable signs otherwise permitted in this code, a lot may contain temporary signs in excess of the number and size allowed by NMC 15.435.090 during events as listed below. Pennants, streamers, and inflatable objects may be used during these events.

A. Grand Opening Event. A grand opening is an event of up to 30 days in duration within 30 days of issuance of a certificate of occupancy for a new or remodeled structure, or within 30 days of change of business or ownership. No lot may have more than one grand opening event per calendar year. The applicant shall notify the city in writing of the beginning and ending dates prior to the grand opening event. If there are no freestanding signs on a frontage after the grand opening event, one of the temporary signs may remain on the property for the 60 days immediately after the end of the grand opening event. A temporary electronic message center may be used during a grand opening event. An unlimited number of temporary signs are allowed during a grand opening event.

B. Other Events. A lot may have two other events per calendar year. The events may not be more than eight consecutive days in duration, nor less than 30 days apart. A temporary electronic message center may be used during the event. An unlimited number of temporary signs are allowed during the event. The applicant shall notify the city in writing of the beginning and ending dates prior to the other event.

C. Flags. An unlimited number of flags are permitted on Memorial Day, Presidents’ Day, Independence Day, Veterans Day, Labor Day, Flag Day, Peace Officers Day, the Friday of the Camellia Festival, the Friday of the Old Fashioned Festival, on days when flags are normally flown at half-mast, or on any festival day designated by the Newberg city council. [Ord. 2897 § 1 (Exh. A § 3), 6-21-22; Ord. 2782 § 1 (Exh. A), 9-8-15; Ord. 2731 § 3, 10-18-10; Ord. 2499, 11-2-98. Code 2001 § 151.599.]

Penalty: See NMC 15.05.120.

A. Purpose. The purpose of the sign permit program is to allow additional temporary and portable signage for properties within the C-2, C-3, and institutional zones than is otherwise allowed by the municipal code. The goal of the permit program is to allow additional signage on private property with a coordinated appearance.

B. Process. Applications for a permit under the sign permit program will be reviewed under a Type I process. Signage allowed under the permit must be well-maintained both physically and operationally. Signage under the permit that is found to not be well-maintained may result in the permit being revoked. Permits may be obtained for up to one year. Permits may be renewed, as long as they continue to meet the permit requirements. Only a property owner or their designee is allowed to obtain a permit under the sign permit program. A property owner is allowed one sign permit per property.

C. Criteria. The following criteria must be met for permit approval under the sign permit program:

1. Number of signs per property: one per 100 feet of street frontage in C-2 zone; one per 15 feet of street frontage, with a maximum of four signs total within the C-3 zone; and one per 100 feet of street frontage within the institutional zone. If more than one business is located on a property, at least one sign per business is allowed, as long as the business occupies a discrete space and possesses its own business license.

2. Size and Location of Signs. Maximum total signage for all temporary and portable signs under a sign permit shall be one square foot per one foot of street frontage. Maximum size allowed for any specific sign will be based on the location of the sign, up to a maximum of 40 square feet. The farther the distance a sign is from the front property line, the greater size that will be allowed for a specific sign. Maximum size for signage within the first 10 feet from the property line is 10 square feet. For every additional 10 feet from the property line, the maximum square footage for a sign will be an additional 10 square feet larger. Example: if a sign is between the front property line and 10 feet from the property line, then maximum sign size is 10 square feet; if a sign is between 10 feet and 20 feet from the property line, then the maximum sign size is 20 square feet in size, and so on.

3. Coordinated Appearance. Every sign approved under an individual sign permit must have a cohesive, coordinated appearance. Signs must meet three of the following five criteria: similar size, colors, shape, materials, and/or font. [Ord. 2782 § 1 (Exh. A), 9-8-15.]

A. Public signs are allowed in the public right-of-way as allowed by the governmental agency responsible for the right-of-way.

B. Temporary and/or portable signs for other than traffic control and motorist advisories are not allowed within state highway right-of-way administered by the Oregon Department of Transportation except on resolute highways. In 2015, the resolute highways in Newberg were: on First Street from Harrison Street to River Street, on Main Street from First Street to Illinois Street, and on College Street from First Street to Vermilion Street. On a resolute highway, the city manages the portion of the right-of-way behind the curb and can permit portable signs on the sidewalk. Portable and/or temporary signs are not allowed by ODOT on Hancock Street except within the College Street or Main Street rights-of-way. Portable and/or temporary signs are not allowed within county road right-of-way administered by Yamhill County.

C. For lots in the C-3, C-4 and M-5 zones, the two allowed portable signs per street frontage may be located, without permit, in the public right-of-way fronting that lot except as stated in subsection (B) of this section, provided they meet the following standards:

1. The signs may not be less than two feet nor more than four feet high. The signs must also conform to NMC 15.410.060 if they are within the clear vision zone.

2. The signs may not be located within the vehicular path.

3. If located on a sidewalk, the signs must leave a clear access path at least five feet wide measured horizontally across the main part of the sidewalk and may not be located on an ADA ramp.

4. If the signs are located adjacent to a striped on-street parking area, the signs must be located adjacent to the stripe.

5. The signs may not be located within three feet of a fire hydrant.

6. The sign owner must have the signs removed during hours when the business being advertised is closed.

7. The person placing the signs in the right-of-way must obtain written permission from the owner, or their designee, of the property abutting the right-of-way for any sign, other than a public sign, that is placed within that right-of-way fronting the property owner’s lot. The written permission must be presentable to code enforcement or their designee promptly upon request.

8. If more signs than are allowed by this code are located in the right-of-way fronting one lot, all signs may be forfeited as per subsection (F) of this section.

9. Portable and/or temporary signs are not allowed by ODOT on sidewalks along Hancock Street except within the College Street and Main Street rights-of-way.

D. For lots in other zones, two portable or minor freestanding signs per street frontage may be allowed in the public right-of-way except as stated in subsection (B) of this section, provided:

1. The standards of subsection (C) of this section shall be met with the exception of subsection (C)(6) of this section.

2. Any sign installed or placed in the public right-of-way within these zones not in conformance with subsection (C)(7) of this section shall be forfeited to the owner of the property abutting the right-of-way and is subject to confiscation by said owner.

3. Portable and/or temporary signs are not allowed in the right-of-way along Highway 99W, Highway 240 or Highway 219 except as noted in subsection (B) of this section.

E. No other signs shall be placed within the public right-of-way except as specifically permitted by this code.

F. Any sign installed or placed in the public right-of-way, except in conformance with the requirements of this code, shall be forfeited to the city and subject to confiscation by city employees. In addition to other remedies hereunder, the city shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign. Identifying information on the sign shall be prima facie evidence that the individual or entity so identified is the violator. [Ord. 2930 § 4 (Exh. A-3), 1-6-25; Ord. 2929 § 1 (Exh. A-1 § 2), 9-3-24; Ord. 2897 § 1 (Exh. A § 4), 6-21-22; Ord. 2782 § 1 (Exh. A), 9-8-15; Ord. 2706 § 1 (Exh. A(2)), 10-6-08; Ord. 2564, 4-15-02; Ord. 2499, 11-2-98. Code 2001 § 151.600.]

Penalty: See NMC 15.05.120.

A. Purpose. Newberg’s downtown is the heart of the community. A variety of early 20th century commercial buildings define its character. The community’s vision is for this area to be a lively, customer- and pedestrian-friendly district with a variety of successful businesses. Competition from other retail areas requires this area to have an identity and look that are distinct and attractive. Capturing the historic and unique feel of the downtown through sign design standards will aid in its vitality. These standards are intended to promote the economic vitality of downtown by promoting attractive, historically themed, and pedestrian-oriented signage.

B. Design Standards. In addition to meeting other standards within this code, any major attached or freestanding sign within the C-3 district shall score at least 10 points using the following scale. Where more than one sign exists on a frontage, the total score shall be the average score for all signs on that frontage.

C. Bonus Provisions.

1. Notwithstanding other provisions of this code, a proposed sign in the C-3 district that scores in excess of 10 points using the above scale may be larger than the maximum allowable size of a sign otherwise allowed by this code. An increase of 10 percent of the maximum size is allowed for each point scored over 10 points.

2. The director may refund 25 percent of sign design review fees paid for any sign scoring in excess of 15 points on the scale. [Ord. 2561, 4-1-02. Code 2001 § 151.601.]

A. Purpose. The purpose of this section and the policy of the City of Newberg is to permit and encourage original art murals on a content-neutral basis on certain terms and conditions. Original art murals comprise a unique medium of expression which serves the public interest. Original art murals have purposes distinct from other types of signs and confer different benefits. Such purposes and benefits include: improved aesthetics; avenues for original artistic expression; public access to original works of art; community participation in the creation of original works of art; community building through the presence of and identification with original works of art; and a reduction in the incidence of graffiti and other crime. Murals can increase community identity and foster a sense of place and enclosure if they are located at heights and scales visible to pedestrians, are retained for longer periods of time and include a neighborhood process for discussion.

B. Allowed and Prohibited Original Art Murals.

1. Allowed Original Art Murals. Original art murals that meet all of the following criteria and which are not prohibited will be allowed upon satisfaction of the applicable permit requirements:

a. The mural shall remain in place, without alterations, for a period of three years, except in limited circumstances to be specified in this code. The applicant shall certify in the permit application that the applicant agrees to maintain the mural in place for a period of three years without alteration. The applicant can remove the mural at any time, but may be prevented by the terms of this code from replacing the mural until the three-year period after the date of the mural permit approval is completed.

b. The mural shall not extend more than six inches from the plane of the wall upon which it is tiled or painted or to which it is affixed. Murals with projecting features may also require a building permit and structural review; murals which consist only of paint on a wall will not require a building permit.

c. Location of mural on the building:

i. In the C-3 central business district zone murals are permitted only on walls that do not face First Street or Hancock Street.

ii. If the site abuts the Newberg-Dundee bypass (Oregon Highway 18), then murals are permitted only on walls that do not face the bypass until January 1, 2017.

iii. In all other areas murals are permitted on any wall of a building.

d. Qualifying wall surfaces for murals:

i. Murals are permitted only on the flat planes of walls.

ii. Murals are permitted only on walls that have not had a specific material, color or texture reviewed and approved through design review, unless a new design review has allowed the mural to change the originally approved color, texture or material.

iii. Mural areas will not be painted on or obscure architectural features such as windows, doors, pilasters, cornices or other building recessed or projecting features.

iv. The building on which the mural will be painted must have either a certificate of occupancy or be legally occupied, and the floor area of the building must exceed the square footage of the mural.

e. Number of mural permits per building wall: Only one mural permit may be obtained per wall.

f. Original art murals are allowed in commercial, industrial and institutional zones. In residential zones, original art murals are allowed only on assembly, school uses and public buildings.

2. Prohibited Murals. The following are prohibited:

a. Murals for which compensation is given or received for the display of the mural or for the right to place the mural on another’s property. The applicant shall certify in the permit application that no compensation will be given or received for the display of the mural or the right to place the mural on the property.

b. Murals which would result in a property becoming out of compliance with the provisions of the development code, or land use conditions of approval for the development on which the mural is to be located.

C. Relationship of Permitted Original Art Mural to Other Regulations. The exemption from other sign code restrictions applies only to original art murals for which a permit has been obtained under this section and any adopted administrative processes. Issuance of an original art mural permit does not exempt the permittee from complying with any other applicable requirements of the Newberg Municipal Code, including but not limited to NMC Titles 14 and 15.

D. Exceptions to this Section. Variances or adjustments to the regulations of this section are prohibited.

E. Alterations to or Removal of a Permitted Mural.

1. Permitted murals may only be altered within the first three years of the date of completion under the following circumstances:

a. The building on which the mural is located has an ownership change; or

b. The building or property is substantially remodeled, altered, or damaged in a way that precludes continuance of the mural.

i. Alterations are allowed per above but must be approved by obtaining a new permit.

ii. Alterations for reasons other than the circumstances described above are not permitted and are considered a violation of the mural permit approval. The mural would be required to be removed and this would preclude approval of a new mural permit at the site for a three-year period after the date of the original mural permit completion.

2. Permitted murals may be removed at any time. Removal of the permitted mural for reasons other than the circumstances described in subsection (E)(1) of this section, however, precludes approval of a new mural permit at the site for a three-year period after the date of the original mural permit completion.

3. Permitted murals may be altered after the first three years of the date of completion through approval of a new mural permit.

4. Permitted murals may be removed for any reason after the first three years of the date of completion. Replacing the mural would require a new mural permit.

5. Permitted murals must be kept in good state of repair and in good condition.

F. Establishment of a Neighborhood Involvement Process and Community Arts Review for Permits.

1. Purpose. The purpose of the neighborhood involvement process and community arts review is to encourage community discussion and participation in the creation of original works of art that will be highly visible in the community. It is intended to enhance the final art product by providing information on the physical, social, and historical context within which the mural will be placed, and to provide creative suggestions on how the mural can contribute to the overall beauty and attractiveness of the community.

2. Neighborhood Involvement Process. The applicant for an original art mural permit is required to provide notice of and to hold a neighborhood meeting on the mural proposal at which interested members of the public may review and comment upon the proposed mural. A notice sign must be posted at the site of the proposed mural at least 14 days before the neighborhood meeting. A notice of the meeting must be mailed to all property owners within 500 feet of the site at least 14 days before the neighborhood meeting, in the same manner as a Type II process. After the meeting, the applicant shall submit a letter to the city summarizing the public comments and stating how they have addressed the recommendations from the public.

3. Community Arts Organization Review. The director shall establish a community arts review process requiring an applicant for an original arts mural permit to submit the application to a designated community arts organization for review. The community arts organization shall be designated by the director, and shall be: (a) a nonprofit; (b) not associated with the mural artist, property owner or tenant; and (c) must have at least three members. The community arts organization shall review the application, consider the artistic merit of the proposed mural, and provide a formal written recommendation to the applicant and the director regarding the proposed mural within 14 days of receiving the application. The applicant shall submit a letter to the city stating how they have addressed the recommendations from the community arts organization.

4. No original art mural permit shall be issued until the applicant certifies that he or she has completed the required neighborhood involvement process and community arts organization review. The applicant should carefully consider the recommendations from the public and the community arts organization, but they are not obligated to change the design based on these recommendations. This is a process requirement only and in no event will an original art mural permit be granted or denied based upon the content of the mural.

G. Administrative Process. The director is authorized to create an application form and other administrative procedures necessary to administer this code section. A permit fee will be set by council resolution.

H. Violations and Enforcement.

1. Violations. It is unlawful to violate any provision of this section, any administrative rules adopted by the director pursuant to this section, or any representations made or conditions or criteria agreed to in an original art mural permit application. This applies to any applicant for an original art mural permit, to the proprietor of a use or development on which a permitted original art mural is located, or to the owner of the land on which the permitted original art mural is located. For the ease of reference in this section, all of these persons are referred to by the term “operator.”

2. Notice of Violations. The director must give written notice of any violation to the operator. Failure of the operator to receive the notice of the violation does not invalidate any enforcement actions taken by the city.

3. Penalty. Violation of any provision of this code is a city Class 2 civil infraction and shall be processed in accordance with the uniform civil infraction procedure ordinance, Chapter 2.30 NMC. Each day of a continuing violation constitutes a separate violation. [Ord. 2847 § 1 (Exh. A). 8-19-19; Ord. 2765 § 1 (Exh. A § 1), 11-4-13.]

A. Off-street parking shall be provided on the lot or development site for all R-1, C-1, M-1, M-2 and M-3 zones. In all other zones, the required parking shall be on the lot or development site or within 400 feet of the lot or development site which the parking is required to serve. All required parking must be under the same ownership as the lot or development site served, except through special covenant agreements as approved by the city attorney, which bind the parking to the lot or development site.

B. Off-street parking is required pursuant to NMC 15.440.030 in the C-2 district.

C. Off-street parking is not required in the C-3 or M-5 district, except for:

1. Dwelling units meeting the requirements noted in NMC 15.305.020.

2. New development which is either immediately adjacent to a residential district or separated by nothing but an alley.

D. Within the C-4 district, the minimum number of required off-street parking spaces shall be 50 percent of the number required by NMC 15.440.030, except that no reduction is permitted for residential uses.

E. All commercial, office, or industrial developments that have more than 20 off-street parking spaces and that have designated employee parking must provide at least one preferential carpool/vanpool parking space. The preferential carpool/vanpool parking space(s) must be located close to a building entrance.

F. Residential garages meeting the requirements of NMC 15.440.075 shall be counted towards required off-street parking spaces for residential uses. [Ord. 2933 § 1 (Exhs. A-1a, A-1b), 2-18-25; Ord. 2930 § 4 (Exh. A-3), 1-6-25; Ord. 2889 § 2 (Exh. B § 35), 12-6-21; Ord. 2862 § 1 (Exh. A § 2), 6-15-20; Ord. 2851 § 1 (Exh. A § 2), 1-21-20; Ord. 2810 § 2 (Exhs. B, C), 12-19-16; Ord. 2763 § 1 (Exh. A § 15), 9-16-13; Ord. 2564, 4-15-02; Ord. 2561, 4-1-02; Ord. 2451, 12-2-96. Code 2001 § 151.610.]

Penalty: See NMC 15.05.120.

A. All public or private parking areas, parking spaces, or garages shall be designed, laid out and constructed in accordance with the minimum standards as set forth in NMC 15.440.070.

B. Groups of three or more parking spaces, except those in conjunction with a single-family detached dwelling, duplex dwelling, triplex dwelling, quadplex dwelling, townhouse dwelling or cottage cluster project on a single lot, shall be served by a service drive so that no backward movement or other maneuvering of a vehicle within a street, other than an alley, will be required. Service drives shall be designed and constructed to facilitate the flow of traffic, provide maximum safety in traffic access and egress and maximum safety of pedestrian and vehicular traffic on the site, but in no case shall two-way and one-way service drives be less than 20 feet and 12 feet, respectively. Service drives shall be improved in accordance with the minimum standards as set forth in NMC 15.440.060.

C. Gates. A private drive or private street serving as primary access to more than one dwelling unit shall not be gated to limit access, except as approved by variance.

D. In the AI airport industrial district and AR airport residential district, taxiways may be used as part of the service drive design where an overall site plan is submitted that shows how the circulation of aircraft and vehicles are safely accommodated, where security fences are located, if required, and is approved by the fire marshal, planning director, and public works director. The following submittal must be made:

1. A drawing of the area to be developed, including the probable location, height, and description of structures to be constructed; the location and description of a security fence or gate to secure the aircraft operations areas of off-airport property from the other nonsecured pedestrian/auto/truck areas of on-airport property; the proposed location of the proposed taxiway access in accordance with FAA specifications (refer to Federal Aviation Administration Advisory Circular No. 150/5300-13 regarding airport design, and AC/5370-10B regarding construction standards for specifications that should be used as a guideline); and the identification of the vehicular traffic pattern area clearly separated from aircraft traffic. Once specific buildings have been designed, FAA Form 7460-1, Notice of Proposed Construction or Alteration, must be submitted to the City of Newberg, the private airport owner, and the FAA for airspace review. [Ord. 2889 § 2 (Exh. B § 36), 12-6-21; Ord. 2880 § 2 (Exh. B § 44), 6-7-21; Ord. 2670, 5-7-07; Ord. 2647, 6-5-06; Ord. 2451, 12-2-96. Code 2001 § 151.611.]

Penalty: See NMC 15.05.120.

A. The minimum number of parking spaces required and maximum number of parking spaces allowed shall be calculated pursuant to Table 15.440.030(A) or with a parking study pursuant to NMC 15.440.045.

1. In calculations of the minimum number of required parking spaces that result in a fraction, the minimum number shall be rounded down for any fraction that is less than half of a whole number and rounded up for any fraction that is equal to or greater than a half of a whole number.

2. In calculations of the maximum number of required parking spaces that result in a fraction, the maximum number allowed shall be rounded up for any fraction of a whole number.

B. In any zoning district the maximum parking spaces allowed shall be regulated by the use type in Table 15.440.030(A), except when determined with a parking study pursuant to NMC 15.440.045.

C. There is no parking minimum or maximum where parking is the sole use of a lot and such parking is not provided to meet the parking requirement of any other use.

Notes:

*    “1-E” refers to fraternities, sororities, cooperatives and dormitories that require one parking space for each three occupants for whom sleeping facilities are provided.

**    “3.-G(1)” refers to establishments or enterprises of a recreational or an entertainment nature (spectator type, e.g., auditoriums, assembly halls, theaters, stadiums, places of public assembly) that require one parking space for each four seats.

***    May be calculated by a factor determined according to a parking analysis.

[Ord. 2935 § 1 (Exh. A-1), 2025; Ord. 2933 § 1 (Exhs. A-1a, A-1b), 2-18-25; Ord. 2930 § 4 (Exh. A-3), 1-6-25; Ord. 2928 § 1 (Exh. A-1 § 4), 9-3-24; Ord. 2889 § 2 (Exh. B § 37), 12-6-21; Ord. 2880 § 2 (Exh. B § 45), 6-7-21; Ord. 2862 § 1 (Exh. A § 2), 6-15-20; Ord. 2763 § 1 (Exh. A § 16), 9-16-13; Ord. 2730¹ § 1 (Exh. A (13)), 10-18-10; Ord. 2720 § 1(19), 11-2-09; Ord. 2710 § 1, 3-2-09; Ord. 2647, 6-5-06; Ord. 2550, 5-21-01; Ord. 2451, 12-2-96. Code 2001 § 151.612.]

Penalty: See NMC 15.05.120.

The parking space requirements for buildings and uses not set forth herein shall be determined by the director through a Type I procedure based upon the requirements for the most comparable building or use specified herein, or with a parking study through the Type II procedure pursuant to NMC 15.440.045. [Ord. 2933 § 1 (Exhs. A-1a, A-1b), 2-18-25; Ord. 2451, 12-2-96. Code 2001 § 151.613.]

Required parking spaces may be determined with a parking study approved by the director through a Type II procedure as an alternative to complying with the minimum and maximum number of parking spaces in Table 15.440.030(A). If the applicant elects to use a parking study, the parking study shall comply with the following:

A. The total number of parking spaces required shall equal the number of spaces determined to be necessary to accommodate the typical daily parking demand generated by the business or development use(s). “Typical daily parking demand” means the number of parking spaces required during the hours for the normal operation of the use or uses. The parking study shall be conducted by a registered traffic engineer or other qualified professional as determined by the director.

B. The parking study shall consider relevant references, guides, and factors that aid in the average peak parking demand determination. Such references, guides, and factors may include, but are not limited to:

1. The factors and considerations recommended by the Institute of Traffic Engineers (ITE) industry standards or comparable source approved by the director.

2. Availability and projected use of alternative transportation modes such as car share services, carpooling, bicycle, pedestrian, transit, and other modes.

3. Parking demands at similar types of facilities, in similar types of locations, either within the city or elsewhere.

C. Notwithstanding any other provision of this code to the contrary, the minimum number of parking spaces determined to be necessary pursuant to this subsection shall not be eligible for reduction using code adjustments or other parking discounts and modifiers in this code.

D. Parking studies approved under this section are not transferable to other locations or uses. [Ord. 2933 § 1 (Exhs. A-1a, A-1b), 2-18-25.]

A. In the case of mixed uses, the total requirements for off-street parking spaces shall be the sum of the requirements for the various uses. Off-street parking facilities for one use shall not be considered as providing parking facilities for any other use except as provided below.

B. Joint Uses of Parking Facilities. The director may, upon application, authorize the joint use of parking facilities required by said uses and any other parking facility; provided, that:

1. The applicant shows that there is no substantial conflict in the principal operating hours of the building or use for which the joint use of parking facilities is proposed.

2. The parking facility for which joint use is proposed is no further than 400 feet from the building or use required to have provided parking.

3. The parties concerned in the joint use of off-street parking facilities shall evidence agreement for such joint use by a legal instrument approved by the city attorney as to form and content. Such instrument, when approved as conforming to the provisions of the ordinance, shall be recorded in the office of the county recorder and copies of the instrument filed with the director.

C. Commercial establishments within 200 feet of a commercial public parking lot may reduce the required number of parking spaces by 50 percent. [Ord. 2451, 12-2-96. Code 2001 § 151.614.]

All public or private parking areas, outdoor vehicle sales areas, and service drives shall be improved according to the following:

A. All parking areas and service drives shall have surfacing of asphaltic concrete or Portland cement concrete or other hard surfacing such as brick or concrete pavers. Other durable and dust-free surfacing materials may be approved by the director for infrequently used parking areas. All parking areas and service drives shall be graded so as not to drain stormwater over the public sidewalk or onto any abutting public or private property.

B. All parking areas shall be designed not to encroach on public streets, alleys, and other rights-of-way. Parking areas shall not be placed in the area between the curb and sidewalk or, if there is no sidewalk, in the public right-of-way between the curb and the property line. The director may issue a permit for exceptions for unusual circumstances where the design maintains safety and aesthetics.

C. All parking areas, except those required in conjunction with a single-family detached, duplex, triplex, quadplex or townhouse dwelling, or cottage cluster project, shall provide a substantial bumper which will prevent cars from encroachment on abutting private and public property.

D. All parking areas, including service drives, except those required in conjunction with single-family detached, duplex, triplex, quadplex or townhouse dwellings or cottage cluster projects, shall be screened in accordance with NMC 15.420.010(B).

E. Any lights provided to illuminate any public or private parking area or vehicle sales area shall be so arranged as to reflect the light away from any abutting or adjacent residential district.

F. All service drives and parking spaces shall be substantially marked and comply with NMC 15.440.070.

G. Parking areas for residential uses shall not be located in a required front yard, except as follows:

1. Single-family detached, duplex, triplex, quadplex, and townhouse dwellings: parking is authorized in a front yard on a service drive which provides access to an improved parking area outside the front yard.

H. A reduction in size of the parking stall may be allowed for up to a maximum of 30 percent of the total number of spaces to allow for compact cars. For high turnover uses, such as convenience stores or fast-food restaurants, at the discretion of the director, all stalls will be required to be full-sized.

I. Affordable housing projects may use a tandem parking design, subject to approval of the community development director.

J. Portions of off-street parking areas may be developed or redeveloped for transit-related facilities and uses such as transit shelters or park-and-ride lots, subject to meeting all other applicable standards, including retaining the required minimum number of parking spaces. [Ord. 2889 § 2 (Exh. B §§ 38 – 40), 12-6-21; Ord. 2880 § 2 (Exh. B §§ 46 – 48), 6-7-21; Ord. 2810 § 2 (Exhs. B, C), 12-19-16; Ord. 2730 § 1 (Exh. A (14)), 10-18-10; Ord. 2628, 1-3-06; Ord. 2505, 2-1-99; Ord. 2451, 12-2-96. Code 2001 § 151.615.]

Penalty: See NMC 15.05.120.

A. Minimum Dimensions for Parking Spaces.

1. A standard parking space is no less than 18 feet by nine feet in size.

2. A compact parking space is no less than 16 feet by eight feet in size.

All angle parking and dimensioning requirements are referenced in NMC 15.440.070(B).

B. The following tables provide the minimum dimensions of public or private parking areas:

Diagram 1

Diagram 2

Notes:

1.    Bumpers must be installed where paved areas abut street right-of-way (except at driveways).

2.    No stalls shall be such that cars must back over the property line to enter or leave stall.

3.    Stalls must be clearly marked and the markings must be maintained in good condition.

4.    The sketches show typical situations to illustrate the required standards. For further information or advice, contact the community development department at 537-1210.

Diagram 3

Notes:

1.    Bumpers must be installed where paved areas abut street right-of-way (except at driveways).

2.    No stalls shall be such that cars must back over the property line to enter or leave stall.

3.    Stalls must be clearly marked and the markings must be maintained in good condition.

4.    The sketches show typical situations to illustrate the required standards. For further information or advice, contact the planning department.

[Ord. 2933 § 1 (Exhs. A-1a, A-1b), 2-18-25; Ord. 2451, 12-2-96. Code 2001 § 151.616.]

A. Single-car garages for residential uses shall have a minimum inside width of 10 feet by 20 feet.

B. Two-car garages for residential uses shall have a minimum inside width of 20 feet by 20 feet.

C. Three-car garages for residential uses shall have a minimum inside width of 30 feet by 20 feet. [Ord. 2880 § 2 (Exh. B § 49), 6-7-21.]

A. Buildings to be built or substantially altered which receive and distribute materials and merchandise by trucks shall provide and maintain off-street loading berths in sufficient number and size to adequately handle the needs of the particular use. Uses in the C-3 and M-5 districts may allow loading spaces to be in an alley or in on-street parking at the director’s discretion.

1. The following standards shall be used in establishing the minimum number of berths required:

2. A loading berth shall contain a space 10 feet wide and 35 feet long and have a vertical clearance of 14 feet. Where the vehicles generally used for loading and unloading exceed these dimensions, the required length of these berths shall be increased.

3. Additional off-street loading requirements within the C-4 district are described in NMC 15.352.040(H)(7).

4. Where a facility includes an aircraft hangar, the off-street loading requirement is not required since loading may occur through the hangar doors.

B. The following provisions shall apply to off-street loading facilities:

1. The provision and maintenance of off-street loading space is a continuing obligation of the property owner. No building permit shall be issued until plans are presented that show property that is and will remain available for exclusive use as off-street loading space. The subsequent use of property for which the building permit is issued shall be conditional upon the unqualified continuance and availability of the amount of loading space required by this code. Should the owner or occupant of any building change the use to which the building is put, thereby increasing off-street loading requirements, it shall be unlawful and a violation of this code to begin or maintain such altered use until such time as the increased off-street loading requirements are met.

2. Owners of two or more buildings may agree to utilize jointly the same loading spaces when the hours of operation do not overlap; provided, that satisfactory legal evidence is presented to the city attorney in the form of deeds, leases or contracts to establish the joint use.

3. A plan drawn to scale, indicating how the off-street loading requirements are to be fulfilled, shall accompany an application for a building permit.

4. Design Requirements for Loading Areas.

a. Areas used for standing and maneuvering of vehicles shall have durable and dustless surfaces of asphaltic concrete or portland cement concrete, maintained adequately for all-weather use and so drained as to avoid flow of water across the sidewalks.

b. Loading areas adjacent to residential zones designed to minimize disturbance of residents.

c. Artificial lighting which may be provided shall be so deflected as not to shine or create glare in any residential zone or on any adjacent dwelling.

d. Access aisles shall be of sufficient width for all vehicular turning and maneuvering.

e. Vision clearance standards as identified in NMC 15.410.060 shall apply. [Ord. 2930 § 4 (Exh. A-3), 1-6-25; Ord. 2647, 6-5-06; Ord. 2564, 4-15-02; Ord. 2451, 12-2-96. Code 2001 § 151.617.]

Penalty: See NMC 15.05.120.

Cycling is a healthy activity for travel and recreation. In addition, by maximizing bicycle travel, the community can reduce negative effects of automobile travel, such as congestion and pollution. To maximize bicycle travel, developments must provide effective support facilities. At a minimum, developments need to provide a secure place for employees, customers, and residents to park their bicycles. [Ord. 2564, 4-15-02; Ord. 2518, 9-21-99. Code 2001 § 151.625.1.]

Bicycle parking facilities shall be provided for the uses shown in the following table. Fractional space requirements shall be rounded up to the next whole number.

Notes:

a.    Short-term bicycle parking is parking intended to be used for durations less than two hours. Short-term bicycle parking shall consist of a stationary rack or other approved structure to which the bicycle can be locked securely and shall be located within 50 feet of the main building entrance or one of several main entrances, and no further from an entrance than the closest automobile parking space. Shelter or cover may be required for a specified percentage of short-term parking.

b.    Long-term bicycle parking is parking intended to be used for durations over two hours. Long-term parking shall consist of a lockable enclosure, a secure room in a building on-site, monitored parking, or another form of fully sheltered and secure parking.

[Ord. 2862 § 1 (Exh. A § 3), 6-15-20; Ord. 2564, 4-15-02; Ord. 2518, 9-21-99. Code 2001 § 151.625.2.]

A. Bicycle parking facilities shall consist of one or more of the following:

1. A firmly secured loop, bar, rack, or similar facility that accommodates locking the bicycle frame and both wheels using a cable or U-shaped lock.

2. An enclosed locker.

3. A designated area within the ground floor of a building, garage, or storage area. Such area shall be clearly designated for bicycle parking.

4. Other facility designs approved by the director.

B. All bicycle parking spaces shall be at least six feet long and two and one-half feet wide. Spaces shall not obstruct pedestrian travel.

C. All spaces shall be located within 50 feet of a building entrance of the development.

D. Required bicycle parking facilities may be located in the public right-of-way adjacent to a development subject to approval of the authority responsible for maintenance of that right-of-way. [Ord. 2518, 9-21-99. Code 2001 § 151.625.3.]

Sidewalks and private walkways are part of the city’s transportation system. Requiring their construction is part of the city’s plan to encourage multimodal travel and to reduce reliance on the automobile. Considerable funds have and will be expended to install sidewalks along the streets in the city. Yet there is little point to this expense if it is not possible for people to walk from the sidewalk to the developments along each side. The following requirements are intended to provide safe and convenient paths for employees, customers, and residents to walk from public sidewalks to development entrances, and to walk between buildings on larger sites. [Ord. 2619, 5-16-05; Ord. 2513, 8-2-99. Code 2001 § 151.620.1.]

Private walkways shall be constructed as part of any development requiring Type II design review, including mobile home parks. In addition, they may be required as part of conditional use permits or planned unit developments. In the airport industrial (AI) district and residential (AR) district, on-site walks are not required in aircraft operations areas, such as parking aprons, taxiways, and runways. [Ord. 2647, 6-5-06; Ord. 2619, 5-16-05; Ord. 2513, 8-2-99. Code 2001 § 151.620.2.]

A. All required private walkways shall meet the applicable building code and Americans with Disabilities Act requirements.

B. Required private walkways shall be a minimum of four feet wide.

C. Required private walkways shall be constructed of portland cement concrete or brick.

D. Crosswalks crossing service drives shall, at a minimum, be painted on the asphalt or clearly marked with contrasting paving materials or humps/raised crossings. If painted striping is used, it should consist of thermoplastic striping or similar type of durable application.

E. At a minimum, required private walkways shall connect each main pedestrian building entrance to each abutting public street and to each other.

F. The review body may require on-site walks to connect to development on adjoining sites.

G. The review body may modify these requirements where, in its opinion, the development provides adequate on-site pedestrian circulation, or where lot dimensions, existing building layout, or topography preclude compliance with these standards. [Ord. 2619, 5-16-05; Ord. 2513, 8-2-99. Code 2001 § 151.620.3.]

    Code reviser’s note: Ordinance 2730 sets out amendments to this section without accounting for prior amendments from Ordinance 2710. The code reflects the intended amendments of both ordinances.

Bed and breakfast establishments shall comply with the following conditions:

A. The structure used for a bed and breakfast establishment shall be designed for and occupied as a single-family residence. The structure shall maintain the characteristics of a single-family residence.

B. All residences used for bed and breakfast establishments shall be applicant occupied.

C. A minimum of one off-street parking space shall be provided for every two permitted guest sleeping rooms. In addition, parking standards normally required for single-family residences will apply.

D. The duration of each guest’s stay at the bed and breakfast establishment shall be limited to no more than seven consecutive days and no more than 15 days within a 30-day period.

E. All bed and breakfast establishments shall conform to the requirements of the current edition of the Oregon Structural Specialty Code and Oregon Fire Code. [Ord. 2933 § 1 (Exhs. A-1a, A-1b), 2-18-25; Ord. 2451, 12-2-96. Code 2001 § 151.630.]

Penalty: See NMC 15.05.120.

The regulations contained in this article are intended to provide a suitable living environment for residents of mobile home parks, manufactured dwelling parks, and manufactured home subdivisions and set forth development standards that will be compatible with adjacent land uses. [Ord. 2747 § 1 (Exh. A § 13), 9-6-11; Ord. 2451, 12-2-96. Code 2001 § 151.655. Formerly 15.445.050.]

It is the policy of the city to conform its regulations to federal and state laws and regulations, and this article is a supplement to federal and state statutes, rules and regulations governing the manufacture and installation of manufactured dwellings and manufactured dwelling accessory structures, and the design and development of mobile home parks, manufactured dwelling parks, and manufactured home subdivisions. Nothing herein contained shall be construed to supersede or replace federal or state statutes, rules or regulations with respect to, but not limited to, park and manufactured dwelling setbacks, coverage, minimum play area, patio requirements, street and walkway design and lighting, accessory buildings and structures, skirting, tie-down, plumbing, electrical, fire safety, sanitation, certification and inspection requirements. [Ord. 2747 § 1 (Exh. A § 13), 9-6-11; Ord. 2451, 12-2-96. Code 2001 § 151.656. Formerly 15.44

Unless otherwise provided herein, upon compliance with applicable regulations and processes, manufactured dwellings only shall be permitted:

A. In approved mobile home parks or manufactured dwelling parks.

B. As manufactured homes in approved manufactured home subdivisions.

C. As manufactured homes on individual lots, where such homes meet the requirements of NMC 15.445.050 through 15.445.070.

D. In newly annexed areas or within manufactured dwelling districts on individual lots not meeting the standards of NMC 15.445.050 through 15.445.070 not located in a mobile home park, manufactured dwelling park, or manufactured home subdivision.

E. On a private lot for a period of not more than six months, during construction of a new home situated on the same lot. Before the expiration of this time, the applicant may petition the director for a six-month extension of this deadline if home construction is underway but not yet completed. The applicant shall post a bond or deposit of $1,000 with the director. Upon the removal of the manufactured dwelling from the premises, the director will return the bond or deposit. If, at the end of six months, the manufactured dwelling has not been removed, the bond or deposit will be forfeited, and the city will use this for the removal of the manufactured dwelling from the property. Before the manufactured dwelling is used, the applicant shall connect it to the city water and sewer systems with proper permits and inspections.

F. As general offices in commercial or industrial districts for a period of not more than 18 consecutive months, provided:

1. The director finds that such use will be reasonably compatible with and have minimal impact on uses on abutting property and in the surrounding neighborhood and grants approval based on this compatibility; and

2. Within six months from the date approval is granted on application for a building permit for a permanent structure or the permit is filed with the director. Failure to submit the application within the specified time will terminate the approval.

G. For temporary construction office use on the premises of new construction until the construction is completed.

H. As permanent living quarters for a night watchman or caretaker in commercial or industrial districts upon a finding by the director that such use will be reasonably compatible with and have minimal impact on uses on abutting property and in the surrounding neighborhood, is required for property security, and the director issues a permit. [Ord. 2747 § 1 (Exh. A § 13), 9-6-11; Ord. 2451, 12-2-96. Code 2001 § 151.657. Formerly 15.445.070.]

Manufactured homes are allowed on individual lots in all residential areas. These development standards will allow manufactured homes to be intermixed with traditional “stick-built” housing while assuring that they are compatible with and contribute to the scale and harmony of their neighborhood. [Ord. 2747 § 1 (Exh. A § 13), 9-6-11; Ord. 2451, 12-2-96. Code 2001 § 151.640. Formerly 15.445.020.]

These regulations allow manufactured homes on individual lots as a permitted use in all residential zones, including placement as a duplex, triplex, quadplex, cottage or accessory dwelling. [Ord. 2889 § 2 (Exh. B § 41), 12-6-21; Ord. 2747 § 1 (Exh. A § 13), 9-6-11; Ord. 2451, 12-2-96. Code 2001 § 151.641. Formerly 15.445.030.]

Manufactured homes on individual lots in all residential districts shall meet the following minimum standards:

A. Each manufactured home which provides only one residential dwelling unit shall enclose a space of not less than 1,000 square feet. Each individual dwelling unit must be multisectional.

B. Each manufactured home shall be placed on an excavated and back-filled foundation and enclosed on the perimeter such that the chassis shall be located not more than 12 inches above grade and any axles or other transportation mechanisms shall be removed.

C. Each manufactured home shall have a roof slope no less than three feet in height for every 12 feet in width.

D. Each manufactured home shall have exterior siding and roofing which in color, material, and appearance is the same as at least three other dwellings within 500 feet of the property or similar to the exterior siding and roofing material commonly used on “stick-built” residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the director.

E. All manufactured homes shall be certified by the manufacturer to have an exterior thermal envelope meeting performance standards which reduce levels equivalent to the performance standards required of single-family dwellings constructed under the State Building Codes defined in ORS 455.010.

F. All dwelling units shall have a carport or garage constructed of like materials. A garage shall be provided where at least 50 percent of the dwellings on abutting lots, including lots directly across the street, have garages.

G. Manufactured homes shall not be located immediately adjacent to, have a common property line with, or be separated only by a street from historic resources listed on the final inventory of historic resources in the comprehensive plan.

H. Manufactured homes placed as a duplex, triplex, quadplex, cottage or accessory dwelling shall be exempt from subsections (A) and (F) of this section. [Ord. 2889 § 2 (Exh. B § 42), 12-6-21; Ord. 2747 § 1 (Exh. A § 13), 9-6-11; Ord. 2451, 12-2-96. Code 2001 § 151.642. Formerly 15.445.040.]

A. Minimum area: five acres.

B. Maximum area of lots or spaces: 150 or distinct neighborhoods with a maximum of 100 spaces each.

C. Maximum density shall not exceed the permitted density of the district.

D. Perimeter Treatment. Except as required for vision clearance, the outer perimeter of each park shall be improved with:

1. A masonry wall not less than four feet and not more than six feet in height shall be built around the perimeter of the park. Acceptable materials include brick, split-face concrete block, and concrete block with a stucco finish. Other types of exposed masonry may be used subject to review and approval of the director;

2. In addition to subsection (D)(1) of this section, adjacent to public streets, a landscape planter that is at least 10 feet in depth (this shall be in addition to the width of any required sidewalk). This landscaped area shall be dedicated as part of the public street.

E. Perimeter Setbacks. As measured from the property line, a minimum setback of 15 feet shall be provided for all homes and accessory structures along a public street. A minimum of five feet shall be provided for all other property lines. Projections as allowed under NMC 15.410.070 shall apply to these setbacks. [Ord. 2747 § 1 (Exh. A § 13), 9-6-11; Ord. 2505, 2-1-99; Ord. 2451, 12-2-96. Code 2001 § 151.664. Formerly 15.445.140.]

Penalty: See NMC 15.05.120.

An application for a mobile home park or manufactured dwelling park or the enlargement of an existing mobile home or manufactured dwelling park shall be processed under the site design review process under Chapter 15.220 NMC, subject to the following provisions:

A. The services of an architect, a landscape architect and an engineer, all licensed to practice in Oregon, shall be employed in the preparation and execution of all plans. Upon proof by the applicant that the scope of the proposal does not require the services of an architect, the director may waive that requirement.

B. In the event of denial, applications may be resubmitted within one year of the denial, provided the director finds the denial was based on internal (on-site) factors and now plans have been submitted which are sufficiently modified to warrant consideration by the city.

C. An enlargement of a mobile home park or manufactured dwelling park site or an increase in the number of mobile home or manufactured dwelling spaces shall be subject to the provisions of this code regulating new mobile home or manufactured dwelling parks. [Ord. 2747 § 1 (Exh. A § 13), 9-6-11; Ord. 2451, 12-2-96. Code 2001 § 151.658.]

Manufactured dwelling parks may contain one manufactured dwelling or one recreational vehicle on each manufactured dwelling park space, and accessory uses to the manufactured dwelling park. Mobile home parks may contain one manufactured structure on each mobile home park space, and accessory uses to the mobile home park. Except as set forth in this code, no building or land within the boundary of a mobile home or manufactured dwelling park shall be used for any other purpose. Mobile home and manufactured dwelling parks shall conform to plans as approved by the city and the state. [Ord. 2747 § 1 (Exh. A § 13), 9-6-11; Ord. 2451, 12-2-96. Code 2001 § 151.659.]

Penalty: See NMC 15.05.120.

Mobile home parks and manufactured dwelling parks shall be maintained to continue to be in compliance with the applicable provisions of this code and state codes. [Ord. 2747 § 1 (Exh. A § 13), 9-6-11.]

Repealed by Ord. 2747. [Ord. 2451, 12-2-96. Code 2001 § 151.661.]

A. Intent. It is the intent of this section to provide manufactured home owners with an alternative to renting space in a manufactured dwelling park or mobile home park; establish standards for permanent installation of manufactured homes in subdivisions; and establish certain design features enabling manufactured homes to blend with conventional housing.

B. Lot Size. The average size of lots in the subdivision shall not exceed 5,000 square feet.

C. Minimum Size. Five acres per subdivision.

D. Dwelling Types Permitted. Manufactured homes that comply with federal manufactured housing construction and safety standards regulations in effect at the time of construction are permitted. Mobile homes, recreational vehicles and residential trailers are not permitted.

E. Perimeter Treatment.

1. Boundary screening shall not be required; however, each manufactured home shall be:

a. Equipped with skirting which in design, color, and texture matches the exterior wall of the manufactured home; and

b. Covered by a roof pitched at a minimum slope of two inches in 12 inches, which is finished in nonreflective paint or permanently covered with nonreflective material.

2. When screening is installed, the director may require each owner-occupant in the subdivision to execute a homeowner’s association agreement or record protective covenants which have been approved by the city, and provides for its permanent maintenance.

F. Occupied Area Surface Treatment. Unless in conflict with state laws and regulations, all areas covered by manufactured home and accessory buildings shall be paved with asphalt or concrete, or covered with permanently contained crushed rock.

G. Code Conformance. Manufactured homes in manufactured home subdivisions must conform in all respects to local, state and federal requirements in effect at the time of their installation.

H. Removal. If a manufactured home is removed from its foundation and not replaced by another home within 30 days, the owner of the lot shall immediately thereafter remove the foundation, additions, and accessory structures, and disconnect and secure all utilities. [Ord. 2747 § 1 (Exh. A § 13), 9-6-11; Ord. 2451, 12-2-96. Code 2001 § 151.665.]

Penalty: See NMC 15.05.120.

Land divisions for manufactured home subdivisions shall be subject to the provisions of this code to the same degree and in the same manner as conventional residential subdivisions. [Ord. 2747 § 1 (Exh. A § 13), 9-6-11; Ord. 2451, 12-2-96. Code 2001 § 151.666.]

Penalty: See NMC 15.05.120.

No person shall maintain an occupied recreational vehicle at any location other than a mobile home park, manufactured dwelling park or recreational vehicle park licensed under the provisions of the state and this code, except as follows:

A. Temporary Use.

1. Bona fide recreational vehicles may be used by visitors of the residents, and shall be allowed on lots in residence areas for a period of time not to exceed 14 days.

2. Recreational vehicles may be used for a residence on a private lot for a period of not more than six months, during construction of a new home situated on the same lot. A bond or deposit of $500.00 shall be posted with the director, and upon the removal of the recreational vehicle from the premises, the deposit or bond will be returned. If, at the end of six months, the recreational vehicle has not been removed, the bond or deposit will be forfeited, and the city will use this for the removal of the recreational vehicle from the property. Before the recreational vehicle is used, it will be connected to the city water and sewer systems and passed on by the city plumbing inspector. A temporary permit must be obtained from the director and displayed on the recreational vehicle.

3. Recreational vehicles placed where specifically authorized by any other ordinance of the city.

B. Residential Use. No owner or person in charge of premises within the city shall occupy or allow the occupancy of a recreational vehicle upon the premises as permanent living quarters or beyond the time limits described in subsection (A) of this section, unless the recreational vehicle is placed on a manufactured dwelling park space, mobile home park space, or recreational vehicle park space.

C. Parking and Storage. No recreational vehicle shall be parked at the curb of any city street for more than 48 hours. Nothing contained herein shall prevent the parking of an unoccupied recreational vehicle not in daily use on the owner’s property; except, the vehicle may not be parked in the required front yard setback for more than 48 hours. [Ord. 2747 § 1 (Exh. A § 13), 9-6-11; Ord. 2451, 12-2-96. Code 2001 §§ 151.662, 151.663. Formerly 15.445.120 and 15.445.130]

Penalty: See NMC 15.05.120.

RV parks shall require a conditional use permit in accordance with Chapter 15.225 NMC, and shall be processed using a Type III procedure.

A. Site Development Plan. A site plan shall be submitted which conforms with the site development plan standards listed in NMC 15.220.030.

B. Development Standards.

1. Park Density. Maximum density shall not exceed 25 spaces per acre.

2. Space Size. Each recreational vehicle space shall be at least 1,000 square feet in size.

3. Setbacks. No recreational vehicle space or park structure shall be located within 25 feet of a property line. When abutting a residential district, the setback shall be 50 feet.

4. Roadways. Roadways shall be finished with a durable, dust-free surface. Asphalt or concrete may be required adjacent to residential areas or commercial areas. The roadway widths shall be as follows:

a. A one-way roadway shall be a minimum of 12 feet in width, posted “no parking – fire lane.”

b. A two-lane road shall be a minimum of 20 feet wide, posted “no parking – fire lane.”

5. Parking. One parking space shall be provided at each recreational vehicle space. The parking space shall be finished with a durable, dust-free surface. Asphalt or concrete may be required adjacent to residential areas or commercial areas.

6. Common Facilities. The park shall provide toilets, lavatories, and showers in accordance to the Oregon Revised Statutes.

7. Perimeter Treatment. In addition to other landscaping improvements required by this code, the park shall screen all areas, other than entrances and landscaped street frontages, with the following:

a. A sight-obscuring fence or wall six feet in height; or

b. A maintained landscape hedge that will mature within three years and reach at least six feet in height; or

c. A combination of subsections (B)(7)(a) and (b) of this section.

C. Miscellaneous Provisions.

1. Length of Stay. To remain in the park for more than 30 days, a recreational vehicle shall be equipped with plumbing facilities and shall be connected with the water and wastewater systems of the park.

2. Accessory Uses. Accessory commercial operations shall cater only to the residents of the park. Such operations shall present no visible evidence from any street of their commercial character which would attract customers from outside the park. [Ord. 2747 § 1 (Exh. A § 13), 9-6-11; Ord. 2451, 12-2-96. Code 2001 § 151.667.]

Penalty: See NMC 15.05.120.

The purpose of this article is to:

A. Allow new transmission towers, but only when necessary to meet functional requirements of the broadcast industry.

B. Minimize visual impacts of towers through careful design, siting and vegetative screening.

C. Avoid potential damage to adjacent properties from tower failure and falling ice, through engineering and careful siting of tower structures.

D. Lessen impacts on surrounding residential areas.

E. Maximize use of any new transmission tower so as to minimize the need to construct new towers. [Ord. 2536, 11-6-00. Code 2001 § 151.670.]

New transmission towers or replacement of existing towers may be allowed, based on findings by the approval authority that the following criteria are met:

A. A good faith effort has been made to demonstrate that an existing tower cannot accommodate the proposed antennas and/or transmitter.

B. The tower and associate structures meet the setback, landscaping, parking and vegetation requirements of NMC 15.445.220.

C. The proposed tower has been structurally designed to accommodate the maximum number of additional users technically practicable.

D. The tower has minimal visual impact on the environment.

E. The tower meets the design review provisions of NMC 15.220.030.

F. The tower does not intrude into the airport imaginary surface areas as defined in NMC 15.05.030. [Ord. 2536, 11-6-00. Code 2001 § 151.671.]

An application for approval of a Type II or Type III decision for a radio or television transmission tower shall contain at least the following information before it is complete:

A. Site Plan. Site plan or plans to scale specifying the location of tower(s), guy anchors (if any), transmission building and/or other accessory uses, access, parking, fences, landscaped areas, and adjacent land uses. Such plan shall also demonstrate compliance with NMC 15.445.220(B) and (C).

B. Landscape Plan. Landscape plan to scale indicating size, spacing and type of plantings required in NMC 15.445.220(H).

C. Engineer’s Report. Report from a professional engineer licensed in the State of Oregon, documenting the following:

1. Tower height and design, including technical, engineering, economic, and other pertinent factors governing selection of the proposed design. A cross-section of the tower structure shall be included.

2. Total anticipated capacity of the structure, including number and types of antennas which can be accommodated.

3. Evidence of structural integrity of the tower structure as required by the building official.

4. Failure characteristics of the tower and demonstration that the site and setbacks are of adequate size to contain debris.

5. Ice hazards and mitigation measures which have been employed, including increased setbacks and/or de-icing equipment.

6. Specific design and reconstruction plans indicating the means by which the shared use provisions of this section will be met. This submission is required only in the event that the applicant intends to meet the shared use requirements of this section by subsequent reinforcement and reconstruction of the tower.

7. The requirement of subsection (C)(6) of this section may be deferred if:

a. At the time the building permit for the tower is issued, there are no applications before the FCC that could use the tower; or

b. The applications which are before the FCC have contractual arrangements for the use of other towers.

D. Letter of Intent.

1. The applicant shall provide a letter of intent to lease excess space on the tower structure and to lease additional applicant-controlled excess land on the tower site when the shared-use potential of the tower is absorbed, if structurally and technically possible. A reasonable pro rata charge may be made for shared use, consistent with an appropriate sharing of construction, financing and maintenance costs. Fees may also be charged for any structural or RF changes necessitated by such shared use. Such sharing shall be a condition of approval if approval is granted.

2. The applicant shall base charges on generally accepted accounting principles and shall explain the elements included in the charge, including, but not limited to, a pro rata share of actual site selection and processing costs, land costs, site design, construction and maintenance costs, finance costs, return on equity, and depreciation.

E. Tower Capacity. The applicant shall quantify the additional tower capacity anticipated, including the approximate number and types of antennas. The applicant shall also describe any limitations on the ability of the tower to accommodate other uses, e.g., radio frequency interference, mass height, frequency or other characteristics. The applicant shall describe the technical options available to overcome those limitations and reasons why the technical options considered were not chosen to be incorporated. The approval authority shall approve those limitations if they cannot be overcome by reasonable technical means.

F. Evidence of Lack of Space. Evidence of the lack of space on all suitable existing towers to locate the proposed antenna and of the lack of space on existing tower sites to construct a tower for the proposed antenna.

G. Written Authorization. Written authorization from adjoining property owners if needed, under NMC 15.445.220(C).

H. Written Evidence. Written evidence from the Federal Communications Commission related to a request for approval of a reduction in the capacity of the proposed tower under NMC 15.445.220(D), if needed. [Ord. 2536, 11-6-00. Code 2001 § 151.672.]

The following conditions of approval must be met prior to issuance of a building permit for any telecommunications facility:

A. Agency Statements. The applicant shall provide the following information in writing from the appropriate responsible official:

1. Confirmation that a Federal Communications Commission (FCC) antenna structure registration application (FCC 854 Form) has been approved, or a statement that an application is not required.

2. Confirmation that the Federal Aviation Administration (FAA) has been notified and that the facility has not been found to be a hazard to air navigation under FAA regulations, or a statement that compliance is not required.

3. A statement from the Oregon State Department of Aviation (OSDA) that the application has been found to comply with the applicable regulations of the Department, or a statement that no such compliance is required.

4. The director may waive the statements in subsections (A)(1) through (3) of this section when the applicant demonstrates that a good faith, timely effort was made to obtain such responses but that no such response was forthcoming, provided the applicant conveys any response received; and further, provided any subsequent response that is received is conveyed to the approval authority as soon as possible.

B. Franchise Agreement. The applicant shall complete a franchise or license agreement with the city if the facility is located within the public right-of-way. [Ord. 2536, 11-6-00. Code 2001 § 151.673.]

A. Shared Use of Existing Towers. The applicant shall make a good faith effort to substantially demonstrate that no existing tower can accommodate the applicant’s proposed antenna/transmitter as described below.

1. The applicant shall contact the owners of all existing towers, of a height roughly equal to or greater than the height of the tower proposed by the applicant. A list shall be provided of all owners contacted, the date of such contact, and the form and content of such contact.

2. Such contact shall be made in a timely manner; that is, sufficiently before the filing of an application for a hearing to include a response into the application when filed.

a. Where an existing tower is known to have capacity for additional antennas of the sort proposed, the application for a new tower shall not be deemed complete until the owner of the existing tower responds. Failure of a listed owner to respond shall not be relevant to the approval authority if a timely, good faith effort was made to obtain a response and a response was not received within 30 days of the request.

b. The director shall maintain and provide, on request, records of responses from each owner.

c. Once an owner demonstrates an antenna of the sort proposed by the applicant cannot be accommodated on the owner’s tower as described below, the owner need not be contacted by future applicants for antennas of the sort proposed.

3. The applicant shall provide the following information from each owner contacted:

a. Identification of the site by location, tax lot number, existing uses, and tower height.

b. Whether each such tower could structurally accommodate the antenna proposed by the applicant without requiring structural changes be made to the tower. To enable the owner to respond, the applicant shall provide each such owner with the height, length, weight, and other relevant data about the proposed antenna.

c. Whether each such tower could structurally accommodate the proposed antenna if structural changes were made, not including totally rebuilding the tower. If so, the owner shall specify in general terms what structural changes would be required.

d. If structurally able, would shared use by such existing tower be precluded for reasons related to RF interference. If so, the owner shall describe in general terms what changes in either the existing or proposed antenna would be required to accommodate the proposed tower, if at all.

e. If shared use is possible based on subsections (A)(3)(a) through (d) of this section, the fee an owner of an existing tower would charge for such shared use.

4. Shared use is not precluded simply because a reasonable fee for shared use is charged, or because of reasonable costs necessary to adapt the existing and proposed uses to a shared tower. The approval authority may consider expert testimony to determine whether the fee and costs are reasonable. Costs exceeding new tower development are presumed unreasonable.

B. Tower Setbacks.

1. Only one tower per lot is authorized. Towers shall be set back from any existing structure on the site, abutting properties, and public rights-of-way a minimum distance equal to 30 percent of the height of the tower, measured from the base of the tower to the structure, abutting property or public right-of-way. All towers shall be set back from a residential zone a distance equal to or greater than 100 percent of the tower height, measured from the base of the tower to the nearest property line of a residentially zoned lot. The setback requirements of this section shall not apply towards:

a. Antennas incorporated into, and no more than 18 feet above, existing or new buildings;

b. Antennas incorporated into, and no more than 18 feet above, existing structures;

c. Antenna support structures incorporated into, and no more than 18 feet above, existing or new buildings.

2. Towers must meet all setback, design and landscape requirements of the code.

3. No new tower may be installed closer than 2,000 feet from any existing or proposed tower, unless approved through the Type III conditional use permit process.

C. Guy Setback.

1. Guy anchors shall be set back a minimum of 25 feet from any property line, public property or street abutting the site.

2. A guy anchor may be located on an adjoining property when:

a. The owner of the adjoining property on which it is to be placed authorizes it in writing; and

b. The guy anchor meets the requirements of subsection (C)(2)(a) of this section as to all other setback requirements.

c. Guy anchors may be located within required landscape areas.

D. Required Sharing of New Towers. All new towers shall be designed to structurally accommodate the maximum number of additional users technically practicable, but in no case less than the following:

1. For television antenna towers, at least three high-power television antennas and one microwave facility or two FM antennas, and at least one two-way radio antenna for every 10 feet of the tower over 200 feet.

2. For any other towers, at least one two-way radio antenna for every 10 feet of the tower, or at least one two-way radio antenna for every 20 feet of the tower and at least one microwave facility.

3. Such other combination as found by the approval authority to provide the maximum possible number of foreseeable users.

a. Such requirements may be reduced if the Federal Communications Commission provides a written statement that no more licenses for those broadcast frequencies that could use the tower will be available in the foreseeable future.

b. Such requirements may be reduced if the size of the tower required significantly exceeds the size of the existing towers in the area and would create an unusually onerous visual impact that would dominate and alter the visual character of the area when compared to the impact of other existing towers. This provision is only to be applied in unusual circumstances not resulting from the applicant’s action or site selection unless no other site is possible.

4. Additional antennas and accessory uses to existing antennas may be added to an existing tower, under a Type I application, if the existing tower meets the setback and landscaping requirements of subsections (B), (C) and (G) of this section. Accessory uses shall include only such buildings and facilities necessary for transmission function and satellite ground stations associated with them, but shall not include broadcast studios, offices, vehicle storage areas, nor other similar uses not necessary for the transmission function. Accessory uses may include studio facilities for emergency broadcast purposes or for other special, limited purposes found by the approval authority not to create significant additional impacts nor to require construction of additional buildings or facilities exceeding 25 percent of the floor area of other permitted buildings.

5. If a new tower is approved, the applicant shall:

a. Record the letter of intent required in NMC 15.445.200(D) in miscellaneous deed records of the office of the county recorder;

b. Respond in a timely, comprehensive manner to a request for information from a potential shared use applicant required under subsection (A) of this section;

c. Negotiate in good faith for shared use by third parties; and

d. Allow shared use where the third party seeking such use agrees in writing to pay reasonable pro rata charges for sharing, including all charges necessary to modify the tower and transmitters to accommodate shared use, but not total tower reconstruction, and to observe whatever technical requirements are necessary to allow shared use without creating interference.

e. Grounds for Suspension or Revocation.

i. Willful, knowing failure of an owner whose tower was approved after November 6, 2000, to comply with the requirement of subsections (D)(5)(a) through (d) of this section shall be grounds for suspension or revocation of the use. Following report of such failure, the director shall schedule a hearing to determine whether the use should be suspended or revoked. The hearing shall be processed as a Type III public hearing before the planning commission.

ii. Such conditions shall run with the land and be binding on subsequent purchasers of the tower site.

E. Visual Impact. The applicant shall demonstrate that the tower can be expected to have the least visual impact on the environment, taking into consideration technical, engineering, economic and other pertinent factors. Towers shall be painted and lighted as follows:

1. Towers 200 feet or less in height shall be painted in accordance with regulations of the Federal Aviation Administration and/or Oregon State Department of Aviation. Where such regulations do not apply, towers shall be camouflaged. All new towers and antennas must either be camouflaged or employ appropriate stealth technologies that are visually compatible with a host building or structure, or the surrounding natural environment. The type of camouflage may include trees, flagpoles, bell towers, smoke stacks, steeples; however, other types of camouflage may be approved at the discretion of the decision making body.

2. Towers more than 200 feet in height shall be painted in accordance with regulations of the Federal Aviation Administration and the Oregon State Department of Aviation.

3. Towers shall be illuminated as required by the Federal Aviation Administration and the Oregon State Department of Aviation.

4. Towers shall be the minimum height necessary to provide parity with existing similar tower-supported antennas and shall be freestanding where the negative visual effect is less than would be created by use of a guyed tower.

F. Parking. A minimum of two parking spaces shall be provided on each site; an additional parking space for each two employees shall be provided at facilities which require on-site personnel. The director may authorize the joint use of parking facilities subject to the requirements of NMC 15.440.050.

G. Vegetation. Existing landscaping on the site shall be preserved to the greatest practical extent. The applicant shall provide a site plan showing existing significant vegetation to be removed, and vegetation to be replanted to replace that lost.

H. Landscaping. Landscape material shall include the following:

1. For towers 200 feet tall or less, a 20-foot-wide landscape buffer is required immediately adjacent to the structure containing the telecommunications facility. At least one row of evergreen trees or shrubs, not less than four feet high at the time of planting, and spaced not more than 15 feet apart, shall be provided within the landscape buffer. Shrubs should be of a variety which can be expected to grow to form a continuous hedge at least five feet in height within two years of planting. Trees and shrubs in the vicinity of guy wires shall be of a kind that would not exceed 20 feet in height or would not affect the stability of the guys, should they be uprooted, and shall not obscure visibility of the anchor from the transmission building or security facilities and staff.

2. For towers more than 200 feet tall, a 40-foot-wide landscape buffer shall be provided immediately adjacent to the structure containing the telecommunications facility. Provide at least one row of evergreen shrubs spaced not more than five feet apart which will grow to form a continuous hedge at least five feet in height within two years of planting; one row of deciduous trees, not less than one-and-one-half-inch caliper measured three feet from the ground at the time of planting, and spaced not more than 20 feet apart; and at least one row of evergreen trees, not less than four feet at the time of planting, and spaced not more than 15 feet apart. Trees and shrubs in the vicinity of guy wires shall be of a kind that would not exceed 20 feet in height or would not affect the stability of the guys, should they be uprooted, and shall not obscure visibility of the anchor from the transmission building or security facilities and staff.

3. In lieu of these standards, the approval authority may allow use of an alternate detailed plan and specifications for landscaping, screening, plantings, fences, walls, structures and other features designed to camouflage, screen and buffer towers and accessory uses. The plan shall accomplish the same degree of screening achieved in subsections (H)(1) and (2) of this section, except as lesser requirements are desirable for adequate visibility for security purposes.

4. Grounds maintenance, including landscaping, shall be provided and maintained for the duration of the use, to encourage health of plant material and to protect public health and safety. The maintenance shall be the responsibility of the property owner, and/or the lessee of the property, and/or the owner of the tower.

I. Utility Pole Setback. When a telecommunications facility is located on an existing utility pole, the standards identified in subsections (A) through (D) and (F) through (H) of this section do not apply. [Ord. 2709 § 1, 2-17-09; Ord. 2536, 11-6-00. Code 2001 § 151.674.]

Telecommunication equipment facility removal is required if the equipment is out of use for more than 90 days. [Ord. 2536, 11-6-00. Code 2001 § 151.675.]

The following uses are exempt from all requirements of this section:

A. All portable, hand-held and vehicular transmission sources.

B. Industrial, scientific, and medical equipment operating at frequencies designated for that purpose by the FCC.

C. Radio frequency machines:

1. Which have an effective radiated power of seven watts or less;

2. Which are designated and marketed as consumer products, such as microwave ovens, citizen band radios, and remote control toys, or which are in storage, shipment or on display for sale, provided such machines are not operated;

3. Amateur intermittent sole source emitters of less than one KW average output. [Ord. 2536, 11-6-00. Code 2001 § 151.676.]

This article provides clear and objective standards for the establishment of accessory dwelling units where an existing single-family dwelling is located. The purpose is to achieve the following:

A. Increase the number of affordable housing units in the community.

B. Increase residential densities with minimal impact on the quality or character of existing neighborhoods.

C. Allow small and/or older households to retain large homes as residences.

D. Permit young households to achieve home ownership by using the rent from the accessory unit to offset mortgage costs.

E. Provide needed space for elderly family members, teenagers, and/or returning adult children. [Ord. 2832 § 1 (Exh. A), 7-2-18; Ord. 2505, 2-1-99. Code 2001 § 151.678.1.]

A. Location. Accessory dwelling units are outright permitted uses in the R-1, R-2, R-3, RP, I and AR zones. Accessory dwelling units are a conditional use in the C-2 and C-3 zones.

B. Limitations. An accessory dwelling unit is permitted, providing there is compliance with all of the following standards:

1. An accessory dwelling unit may be created within the interior or as an addition to an attached or detached residential structure or as a freestanding accessory building.

2. An accessory dwelling unit may not exceed 50 percent of the size of the primary unit, up to a maximum of 1,000 square feet.

3. The number of residents permitted to inhabit the accessory dwelling unit is regulated by the current edition of the Oregon Residential Specialty Code.

4. The primary residence shall provide parking per NMC 15.440.030. The accessory dwelling unit does not require on-site parking.

5. Owner occupancy of the primary unit or accessory dwelling unit is not required.

6. An accessory dwelling unit cannot be partitioned or subdivided from the parcel of the primary unit if there are shared water and wastewater lines.

7. There shall be compliance with all of the development standards established in the base zone. [Ord. 2858 § 1 (Exh. A), 3-16-20; Ord. 2832 § 1 (Exh. A), 7-2-18; Ord. 2730 § 1 (Exh. A (15)), 10-18-10; Ord. 2505, 2-1-99. Code 2001 § 151.678.2.]

To obtain approval to create an accessory dwelling unit, the applicant must demonstrate compliance with all of the requirements of NMC 15.445.260. The application shall be processed as a Type I procedure as regulated by NMC 15.100.130. [Ord. 2832 § 1 (Exh. A), 7-2-18; Ord. 2730 § 1 (Exh. A (15)), 10-18-10; Ord. 2505, 2-1-99. Code 2001 § 151.678.3.]

A. Amateur radio and citizen band antenna support structures and amateur radio and citizen band antennas, which themselves are deemed structures under the Oregon Structural Specialty Code or the Oregon Residential Specialty Code, that are located in a residential district, shall require a development permit. All other amateur radio and citizen band antennas that are located in residential districts shall not require a development permit but shall conform to the applicable provisions of this code.

B. When a development permit is required, the application shall be processed under the Type I procedure. The application shall be found to be consistent with the requirements of subsections (B)(1) through (9) of this section. The Type II procedure shall apply when the applicant requests consideration under subsection (B)(10) of this section, which is an exception to the yard setback, locational and height provision requirements.

1. The amateur radio or citizen band antenna shall not be located closer than six feet from a dwelling other than the dwelling on the same lot.

2. The maximum height of an antenna and support structure shall be 100 feet. The height of a crank-up tower shall be measured when fully extended.

3. Antenna support structures shall be located outside of required interior yard setbacks and behind the front building line of the dwelling or other primary structure on the site.

4. Tower-type vertical antennas and antenna support structures, extending more than 35 feet in height from mounting point, shall be set back from all property lines at least a distance equal to 30 percent of the height. For purposes of this subsection, the height of an antenna support structure shall include the linear vertical distance to the highest point of any mast and/or antenna mounted on the structure, or the highest point of the support structure, whichever is greater. The setback distance shall be calculated from all property lines to the closest point of the vertical aspect of the affected antenna or support structure. Horizontal space occupied by an antenna shall not be included in the setback calculation. The wire portions of inverted-vee, dipole, sloper and similar-type antennas shall be exempt from this subsection.

5. Guy wires and anchors shall be located outside of required front yard setbacks.

6. No part of an antenna or its support structure, including parts that can be rotated, shall extend over any adjacent lot.

7. The following color standards apply to ground-mounted amateur radio or citizen band antenna support structures greater than 55 feet and up to 200 feet in height:

a. Metal structures shall have a galvanized finish, or be flat or matte silver or flat or matte gray in color.

b. Wooden pole antenna support structures shall be of a natural wood color or a paint or stain approximating a natural wood color.

8. Ground-mounted amateur radio or citizen band antenna support structures more than 200 feet in height shall comply with locational, painting and lighting regulations of the Oregon Aeronautics Division, Federal Aviation Administration, and Federal Communications Commission.

9. If the antenna is mounted on a dwelling or other building without an antenna support structure, then the antenna shall be at least 20 feet from all property lines. This subsection does not apply to: the wire portions of inverted-vee, dipole, sloper and similar-type antennas; antennas with a wind-loading surface area of three square feet or less; wire antennas less than three feet above the height of the structure on which mounted; or “whip”-type antennas. No antenna mounted on a dwelling or other building without an antenna support structure shall exceed a height of 40 feet above the top of the structure.

10. Exceptions to yard setback, locational or height provisions are allowed if the yard setback, locational or height provision would prevent effective amateur communications or the generation, detection or processing of radio frequency energy. The antenna and/or support structure may be excepted to the yard setback, locational or height provision; provided, that:

a. The applicant provides documentation that the exception is needed for the operation of the amateur radio or citizen band facility; and

b. The applicant provides documentation that the request is the minimum necessary exception from the yard setback, locational or height provisions of this section; and

c. If the exception would result in any part of an antenna or support structure, including parts that can be rotated, extending over any adjacent property, then the applicant shall provide a copy of an easement from the owner of the affected property authorizing such extension. [Ord. 2451, 12-2-96. Code 2001 § 151.679.]

Penalty: See NMC 15.05.120.

These standards apply to a single-family dwelling unit that is used, rented or occupied for periods of less than 30 days, or is available, advertised, or listed by an agent as available for use, rent for occupancy for periods of less than 30 days. The purpose is to maintain the peace, quiet, traffic patterns, and property maintenance typical for the residential neighborhood. [Ord. 2763 § 1 (Exh. A § 17), 9-16-13.]

Vacation rental homes are permitted in areas shown on Chapter 15.305 NMC. The vacation rental home must be a structure approved for occupancy as a single-family dwelling unit.

A. The total number of vacation rental homes permitted in the City of Newberg shall not exceed two percent of the total number of households existing in the City of Newberg based on data published annually by the community development department. The director shall annually publish the total number of vacation rental homes permitted within the city and the number of available licenses. Should the city reach the two percent limit, no new vacation rental home permit shall be issued until an equal number of vacation rental permits become inactive or are terminated.

B. A vacation rental home permit is considered inactive if a business license for the vacation rental is not renewed within one year of its expiration.

C. All vacation rental homes in operation prior to October 13, 2013, and not meeting the standards in NMC 15.445.330(A) through (D), or in structure types other than a single-family unit, may continue to operate as legal nonconforming uses pursuant to NMC 15.205.030 and this section. Vacation rental homes approved between October 13, 2013, and September 3, 2025, may continue to operate as legal nonconforming uses with two off-street parking spaces while meeting other standards in NMC 15.445.330. Specifically, discontinuance or abandonment of vacation rental home operation including not renewing a business license within one year of expiration shall constitute termination of nonconforming vacation rental use. All vacation rental homes in operation prior to September 3, 2025, shall apply for registration per NMC 15.445.320 no later than December 2, 2025, and shall have received approval per NMC 15.445.320 no later than September 3, 2026, or shall be terminated. [Ord. 2935 § 1 (Exh. A-1), 2025; Ord. 2763 § 1 (Exh. A § 17), 9-16-13.]

A. Prior to use or advertising for use of a dwelling as a vacation rental home, the owner or operator shall register the vacation rental home with the city on forms provided by the director to obtain a land use permit, business license, and transient lodging tax registration. The registration shall include such information required by the director, including the name and contact information for the owner, operator and local contact.

B. Penalty. Upon being notified by the city that a vacation rental home is operating without registration in violation of this code, its owner shall apply to register the vacation rental within 45 days of the date of notice and cease operation until registration has been obtained. Violation of a provision of this section shall be subject to an administrative civil penalty not to exceed $2,000 for the first offense and $5,000 for each additional offense and shall be processed in accordance with the procedures set forth in this code. Each confirmed rental booking following the 45-day notice shall constitute a separate violation. [Ord. 2935 § 1 (Exh. A-1), 2025; Ord. 2763 § 1 (Exh. A § 17), 9-16-13.]

A. In no case may a vacation rental home provide less than two off-street parking spaces.

B. The applicant shall provide for regular refuse collection.

C. The vacation rental home may not be occupied by more than two rental occupants per bedroom, up to a maximum of 15 people.

D. The premises of the vacation rental home may not include any occupied recreational vehicle, trailer, tent or temporary shelter during the rental occupancy.

E. The applicant shall provide annual good neighbor notices to properties within 500 feet. The notice shall include such information required by the director, including the name and contact information of the owner, local contact, and complaint procedures per NMC 15.445.350. Compliance shall be documented at vacation rental home business license renewal.

F. Ownership. The land use approval issued for a dwelling unit as a vacation rental home shall be in the names of the property owners and the land use approval is not transferable. When any owner of record at the time of land use approval sells or transfers a property approved, occupied, or rented as a vacation rental home, the vacation rental home land use approval shall cease. For purposes of this chapter, “sells or transfers” means any change of ownership during the lifetime of any of the owners, whether or not there is consideration, or after the death of any of the owners. “Sale or transfer” does not, however, include (1) a change in ownership where title is held in survivorship by a spouse, domestic partner, or child, (2) transfers on the owner’s death to a trust which benefits only a spouse, domestic partner, or child for the lifetime of that spouse, domestic partner, or child, and (3) transfers of ownership to a trustee, a limited liability company, a corporation, a partnership, a limited partnership, a limited liability partnership, or other similar entity, but only while the transferor lives and remains the only owner of the entity to which ownership was transferred.

G. Conditional use permits for vacation rental home approvals issued prior to September 3, 2025, may transfer to one subsequent owner or contract purchaser, and thereafter are subject to subsection (F) of this section.

H. Local Manager. The owner or designated property manager shall be located within 40 miles of the vacation rental home. [Ord. 2935 § 1 (Exh. A-1), 2025; Ord. 2763 § 1 (Exh. A § 17), 9-16-13.]

The applicant shall post the vacation rental home registration within the dwelling adjacent to the front door. At a minimum, the posting will contain the following information:

A. The name of the operator and a telephone number where the operator may be reached.

B. The telephone number for the police department.

C. The maximum number of occupants permitted to stay in the dwelling.

D. The standards for the rental occupancy.

E. The solid waste collection day. [Ord. 2935 § 1 (Exh. A-1), 2025; Ord. 2763 § 1 (Exh. A § 17), 9-16-13.]

If the city receives two or more written complaints within a one-year period regarding vacation rental home occupancy compliance, and the issues have not been resolved through the code enforcement officer, the city manager may schedule a hearing to consider revoking the vacation rental home registration. The hearing may be conducted by the city manager, or other such hearings officer as the city manager may appoint for this purpose. The city manager shall notify the owner and operator of the hearing, those submitting written complaints, and may invite others to submit testimony at the hearing. After hearing the facts, the city manager may do any of the following:

A. Revoke the registration for noncompliance with the standards in this section. If this permit is revoked, the premises may not be used as a vacation rental home for a period of two years, or a period of lesser time as determined by the hearings officer.

B. Impose additional conditions necessary to fulfill the purpose of this section.

C. Establish a probationary period to monitor compliance.

D. Dismiss the complaint.

E. Refer the matter to the code enforcement officer for citation in municipal court or other appropriate jurisdiction.

The hearings officer’s decision may be appealed to the planning commission by the applicant, owner, or person filing the written complaint within 14 calendar days of the date of the decision in the manner provided in NMC 15.100.170. [Ord. 2935 § 1 (Exh. A-1), 2025; Ord. 2763 § 1 (Exh. A § 17), 9-16-13.]

These standards apply to small-scale food and beverage production in commercial and craft industrial zones. These uses are primarily manufacturing, processing and storage facilities but have accessory tasting rooms, dining areas, or retail space. Some types of retail bakeries, wineries, breweries and distilleries fit in this category. The purpose is to allow small-scale food and beverage production in commercial zones if the uses can meet certain design standards that will maintain the commercial character of the zone. Larger-scale food and beverage production is allowed in certain of Newberg’s industrial zones. [Ord. 2930 § 4 (Exh. A-3), 1-6-25; Ord. 2763 § 1 (Exh. A § 18), 9-16-13.]

Small-scale food and beverage production is allowed in the C-2, C-3 and M-5 zones if the use meets the development standards listed below. If the use cannot meet the development standards below, then it is a conditional use in the C-2, C-3, and M-5 zones and would require review by the planning commission. [Ord. 2930 § 4 (Exh. A-3), 1-6-25; Ord. 2763 § 1 (Exh. A § 18), 9-16-13.]

A. Retail Use. At least 25 percent of the gross floor area must be for retail, dining, or similar customer use, with a minimum of 1,000 square feet.

B. Not Next to Residential. The site cannot abut a site with residential zoning.

C. Loading Area. The site must have a loading area for trucks. This could be a loading dock, an on-site paved loading area, or an adjacent alley.

D. Size Limit. The maximum size of the production area is limited to 10,000 square feet.

E. Outdoor Storage. Outdoor storage of materials on site is limited to a small (under 400 square feet) fenced and screened area. [Ord. 2763 § 1 (Exh. A § 18), 9-16-13.]

To obtain approval for a small-scale food and beverage production use in the C-2 or C-3 commercial zones, the applicant must demonstrate compliance with all of the development standards. The application shall be processed as a Type I or II design review procedure, depending on the extent of building remodeling, as regulated by NMC 15.220.020. If the proposed use cannot meet any of the design standards in NMC 15.445.420, then it would require a Type III conditional use permit and design review as regulated by Chapter 15.225 NMC. [Ord. 2763 § 1 (Exh. A § 18), 9-16-13.]

These standards apply to craft industrial uses. These uses are primarily manufacturing, processing and storage facilities but have accessory retail or classroom space. The purpose is to allow small-scale craft industrial uses which process supplemental commercial uses which meet certain design standards that maintain both the industrial and commercial character. [Ord. 2930 § 4 (Exh. A-3), 1-6-25.]

Craft industrial production is allowed in the M-5 district if the use meets the development standards listed below. If the use cannot meet the development standards below, then it is a conditional use in the M-5 zoning district and would require review by the planning commission. [Ord. 2930 § 4 (Exh. A-3), 1-6-25.]

A. Retail Use. At least 25 percent of the gross floor area must be for retail, or similar customer use, with a minimum of 1,000 square feet.

B. Not Next to Residential. The site cannot abut a site with residential zoning.

C. Size Limit. The maximum size of the production area is limited to 10,000 square feet.

D. Outdoor Storage. Outdoor storage and processing of goods and materials is less than 10 percent of the site and must be screened. [Ord. 2930 § 4 (Exh. A-3), 1-6-25.]

To obtain approval for a craft industrial use in the M-5 district, the applicant must demonstrate compliance with all of the development standards. The application shall be processed as a Type I or II design review procedure, depending on the extent of building, as regulated by NMC 15.220.020. If the proposed use cannot meet any of the design standards in NMC 15.445.460, then it would require a Type III conditional use permit and design review as regulated by Chapter 15.225 NMC. [Ord. 2930 § 4 (Exh. A-3), 1-6-25.]

Home occupations shall be processed as a Type I procedure. Home occupation uses shall comply with the following standards:

A. Signs shall comply with the standards of NMC 15.435.010 et seq.

B. There is no display that will indicate from the exterior that the building is used in whole or in part for any purpose other than a dwelling.

C. The building retains the characteristics of a residence.

D. There is no outside storage of materials, parts, tools, supplies, or other items related to the use as a home occupation, other than nursery plants.

E. No more than one outside paid employee shall be permitted to work at the residence at any given time.

F. The use does not destroy the residential character of the neighborhood.

G. All work being performed at the site is done within the confines of a building and no noise, odor, dust, smoke or other evidence of the home occupation permeates beyond the confines of the property.

H. The home occupation is incidental to the use of the building and site for residential purposes.

I. The work does not involve the use of hazardous substances or materials which might create a fire hazard or danger to the environment or neighboring properties, including but not limited to gasoline, paint, oxygen/acetylene tanks, or other flammable or hazardous materials. [Ord. 2933 § 1 (Exhs. A-1a, A-1b), 2-18-25.]

Penalty: See NMC 15.05.120.

    Code reviser’s note: Ord. 2747 includes this section as NMC 15.445.010. This section has been editorially renumbered to prevent duplication of numbering.