Philomath City Zoning Code
Division 2
LAND USE DISTRICTS
§ 18.30.010 Classification of land use districts.
All areas within the corporate limits of the city of Philomath are divided into land use districts. The use of each lot, parcel and tract of land is limited to the uses allowed by the applicable land use district. The applicable land use district shall be determined based on the land use district map, and the provisions of this division.
(Ord. 720 § 7[2.0.1], 2003)
§ 18.30.020 Land use district map.
A.
The boundaries of each of the land use districts contained within this division shall coincide with the land use district boundaries identified on the city's official zoning map, retained by the city recorder. Said map, by this reference, is made a part of this title. The city shall maintain a certified print of the adopted land use district map and any map amendments.
B.
Each lot, tract and parcel of land or portion thereof within the land use district boundaries as designated and marked on the zoning map is classified, zoned and limited to the uses as hereinafter specified and defined for the applicable district classification.
C.
All amendments to the city land use district (zoning) map shall be made in accordance with the provisions of Chapter 18.135 PMC.
1.
Copies of all map amendments shall be dated with the effective date of the ordinance adopting the map amendment and shall be maintained without change together with the adopting documents, on file at the city; and
2.
The city shall make available for public inspection an up-to-date copy of the revised land use district map, so that it accurately portrays changes of zone boundaries or classification, as applicable.
(Ord. 720 § 7[2.0.2], 2003)
§ 18.30.030 Determination of land use district boundaries.
Where due to the scale, lack of scale, lack of detail or illegibility of the city zoning district map, or due to any other reason, there is uncertainty, contradiction or conflict as to the intended location of district boundary lines, the boundary lines shall be determined by the planning official in accordance with the following:
A.
Boundaries indicated as approximately following the center lines of streets, highways, railroad tracks or alleys shall be constructed to follow such center lines;
B.
Boundaries indicated as approximately following the boundaries of a parcel, lot, or tract shall be constructed as following such boundaries;
C.
Boundaries indicated as approximately following a city boundary, or the urban growth boundary, shall be constructed as following said boundary;
D.
Boundaries indicated as approximately following river, stream and/or drainage channels or basins shall be constructed as following river, stream and/or drainage channels or basins, as applicable; and
E.
Whenever any public right-of-way is lawfully vacated, the lands formerly within the vacated right-of-way shall automatically be subject to the same land use district designation that is applicable to lands abutting the vacated area. In cases where the right-of-way formerly served as a land use district boundary, the lands formerly within the vacated right-of-way shall be allocated proportionately between the subject land use districts.
(Ord. 720 § 7[2.0.3], 2003)
§ 18.35.010 Purpose.
The residential district is intended to promote the livability, stability and improvement of the city's neighborhoods. This chapter provides standards for the orderly expansion and improvement of neighborhoods based on the following principles:
A.
Make efficient use of land and public services and implement the comprehensive plan by providing minimum and maximum density standards for housing.
B.
Accommodate a range of housing needs, including owner-occupied and rental housing.
C.
Provide for compatible building and site design at an appropriate neighborhood scale.
D.
Reduce reliance on the automobile for neighborhood travel and provide options for walking, bicycling and transit use.
E.
Provide direct and convenient access to schools, parks and neighborhood services.
F.
Maintain and enhance the city's historic architecture and uses.
(Ord. 720 § 7[2.1.100], 2003)
§ 18.35.020 Allowed uses.
The land uses listed in Table 18.35.020 are allowed in the residential districts subject to the provisions of this chapter. Only land uses that are specifically listed in Table 18.35.020, and land uses that are approved as "similar" to those in Table 18.35.020, may be allowed.
Table 18.35.020 Land Uses and Building Types Allowed in the Residential Districts | ||
|---|---|---|
R-1 Residential A. Allowed Uses | R-2 Residential A. Allowed Uses | R-3 Residential A. Allowed Uses |
1) Accessory uses and structures.* 2) Accessory dwelling. 3) Duplex, on corner lots only with a minimum of 10,000 square feet. 4) Family day care home. 5) Governmental structure or use of land that does not receive the public.* 6) Home occupations; subject to PMC § 18.145.020. 7) Manufactured dwelling.* 8) Residential care home.* 9) Single-family dwelling. 10) Zero lot line dwelling.* | 1) R-1 allowed uses. 2) Duplexes. 3) Single-family attached (townhomes) and triplexes.* 4) Zero lot line houses.* | 1) R-2 allowed uses. 2) Multifamily dwelling.* 3) Residential care home.* 4) Residential care facility.* 5) Church, nonprofit religious or philanthropic institution. 6) Day care facility. 7) Nursery school, day nursery, kindergarten, or similar facility. 8) Manufactured home park.* |
Table 18.35.020 Land Uses and Building Types Allowed in the Residential Districts | ||
|---|---|---|
R-1 Residential A. Allowed Uses | R-2 Residential A. Allowed Uses | R-3 Residential A. Allowed Uses |
1) Accessory uses and structures.* 2) Accessory dwelling. 3) Duplex, on corner lots only with a minimum of 10,000 square feet. 4) Family day care home. 5) Governmental structure or use of land that does not receive the public.* 6) Home occupations; subject to PMC § 18.145.020. 7) Manufactured dwelling.* 8) Residential care home.* 9) Single-family dwelling. 10) Zero lot line dwelling.* | 1) R-1 allowed uses. 2) Duplexes. 3) Single-family attached (townhomes) and triplexes.* 4) Zero lot line houses.* | 1) R-2 allowed uses. 2) Multifamily dwelling.* 3) Residential care home.* 4) Residential care facility.* 5) Church, nonprofit religious or philanthropic institution. 6) Day care facility. 7) Nursery school, day nursery, kindergarten, or similar facility. 8) Manufactured home park.* |
(Ord. 720 § 7[2.1.110], 2003; Ord. 734 § 1, 2005; Ord. 737 § 1, 2006; Ord. 833 § 4, 2018)
§ 18.35.030 Building setbacks.
Building setbacks provide space for private yards and building separation for fire protection/security, building maintenance, sunlight and air circulation. This section is also intended to promote human-scale design and traffic calming by downplaying the visual presence of garages along the street and encouraging the use of extra-wide sidewalks and pocket parks in front of markets and other nonresidential uses. The standards encourage placement of residences close to the street for public safety and neighborhood security.
Building setbacks are measured from the foundation wall to the respective property line. Setbacks for decks and porches requiring building permits are measured from the front edge of the deck or porch to the property line. The setback standards apply to primary structures and accessory structures.
A.
Front Yard Setbacks.
1.
Residential Uses (Single-Family, Duplex and Triplex, Multifamily Housing Types).
a.
A minimum setback of 15 feet is required, except that an unenclosed porch may be within 10 feet, as long as it does not encroach into a public utility easement. See also subsection (F) of this section, which provides standards for setbacks for established residential areas.
b.
Garages and carports shall be accessed from alleys or otherwise set back 20 feet.
2.
Public, Institutional, and Conditional Uses. The standards in subsection (A)(1) of this section shall not be required for buildings that do not receive the public (e.g., buildings used solely for storage or housing mechanical equipment, and similar uses).
B.
Rear Yard Setbacks. The minimum rear yard setback shall be 15 feet for street-access lots and six feet for alley-access lots (all structures). For structures higher than one story, the rear yard setback shall be increased one foot for each additional foot in height over 25 feet, but not to exceed a 25-foot rear setback.
C.
Side Yard Setbacks. The minimum side yard setback shall be five feet on interior side yards and 15 feet on street side yards; or when zero lot line development is allowed, the minimum side yard setbacks shall be 10 feet minimum on one side of the dwelling unit. (See standards for zero lot line housing in PMC § 18.35.100.)
D.
Setback Exceptions. The following architectural features are allowed to encroach into the set-back yards no more than two feet: eaves, chimneys, bay windows, overhangs, uncovered or unenclosed porches and decks less than 30 inches in height and similar architectural features. Walls and fences may be placed on property lines, subject to the standards in Chapter 18.72, Fences, Hedges and Walls. Walls and fences within front yards shall additionally comply with the vision clearance standards in PMC § 18.65.020(N).
E.
Special Yards – Distance Between Buildings on the Same Lot. To provide usable yard area and allow air circulation and light, the minimum distance between buildings on the same lot shall be at least one-half the sum of the height of both buildings; provided however, that in no case shall the distance be less than 10 feet. This requirement shall also apply to portions of the same buildings separated from each other by a court, landscape yard, or other open space.
F.
Setbacks for Infill Housing in Established Residential Areas. "Established residential area" means an area within the residential district that was platted prior to the effective date of the ordinance codified in this chapter. In such areas, the following setback standards shall apply:
1.
When an existing single-family residence on the same street is located within 20 feet of the subject site, a front yard setback similar to that of the nearest single-family residence may be used. "Similar" means the setback is within 10 feet of the setback provided by the nearest single-family residence on the same street. For example, if the existing single-family residence has a front yard setback of 25 feet, then the new building may have a front yard setback between 15 feet and 35 feet. If the new building is to be located between two existing residences, then the setback for the new building may be based on the average setback of both adjacent residences, plus or minus 10 feet.
(Ord. 720 § 7[2.1.120], 2003; Ord. 734 § 1, 2005; Ord. 799 § 2, 2015)
§ 18.35.040 Lot standards.
Table 18.35.040 – Lot Standards | |||
|---|---|---|---|
Land Use District | Lot Area | Lot Width/Depth | Related Standards |
R-1 Single-Family Residential | Minimum: 7,000 square feet. 10,000 square feet for duplex dwellings. Maximum: 150 percent of minimum. | Minimum width: 16 feet. Maximum depth: Three times the lot width; except as may be required by this title (e.g., to protect sensitive lands, etc.). | Lot coverage: 35 percent. Building height: 30 feet. |
R-2 Duplex-Residential | Minimum: 6,000 square feet. 8,000 square feet for duplex dwellings and 3,600 square feet for each additional dwelling. Maximum: 150 percent of minimum. | Minimum width: 16 feet. Maximum depth: Three times the lot width; except as required to protect sensitive lands, etc. | Lot coverage: 40 percent. Building height: 30 feet. |
R-3 Multifamily Residential Housing (More than Three Units) | Minimum: 5,000 square feet. 7,200 square feet for duplex dwellings and 2,500 square feet for each additional dwelling. High Density Development*: Studio/1 BD – 1,500 SF 2 BD – 1,800 SF 3 BD – 2,100 SF 4+ BD – 2,400 SF Maximum area: None. | Minimum width: 16 feet. Maximum depth: None. | Lot coverage: 80 percent – inclusive of impervious vehicular surfaces. Building height: 40 feet. |
Manufactured Home Parks | See PMC § 18.35.100 for manufactured home park standards. | ||
Allowed Public, Institutional, or Conditional Uses | Minimum area: None. Maximum area: None. | Minimum width: None. Maximum depth: None. | Lot coverage: Underlying zone. Building height: Underlying zone. |
* Restricted to properties adjacent to collector and arterial streets as identified in the city's transportation system plan (TSP). |
(Ord. 720 § 7[2.1.130], 2003; Ord. 799 § 3, 2015; Ord. 806 § 1, 2016)
§ 18.35.050 Flag lots and lots accessed by mid-block lanes.
Some lots in existing neighborhoods may have standard widths but may be unusually deep compared to other lots in the area. Essentially unused space at the back of a lot may provide room for one or more lots for infill housing. Infill lots may be developed as "flag lots" or "mid-block developments" as defined below:
A.
Mid-Block Lanes. Lots may be developed without frontage onto a public street when lot access is provided by a series of mid-block lanes. Mid-block lanes shall be required whenever practicable as an alternative to approving flag lots.
B.
Flag Lots. Flag lots may be created only when mid-block lanes or alleys cannot be extended to serve future development. A flag lot must have at least 16 feet of frontage on a public way and may serve no more than two dwelling units, including accessory dwellings and dwellings on individual lots or other commercial or industrial uses. A minimum width of 12 feet of frontage for each lot shall be required when three or more flag lots are using a shared access. In no instance may more than four parcels utilize a joint access; in such instances the properties shall be served by a public or private street as the case may dictate.
C.
Dedication of Shared Drive Lane. A drive serving more than one lot shall have a reciprocal access and maintenance easement recorded for all lots. No fence, structure or other obstacle shall be placed within the drive area. The owner shall record an easement from each property sharing a drive for vehicle access similar to an alley. Dedication or recording, as applicable, shall be so indicated on the face of the subdivision or partition plat.
D.
Maximum Drive Lane Length. The maximum drive lane length is subject to requirements of the Uniform Fire Code, but shall not exceed 150 feet for a shared drive, and 400 feet for a shared rear lane.
E.
Future Street Plans. Building placement and alignment of shared drives shall be designated so that future street connections can be made as surrounding properties develop.
(Ord. 720 § 7[2.1.140], 2003; Ord. 778 § 1, 2011; Ord. 799 § 4, 2015)
§ 18.35.060 Maximum lot coverage.
See Table 18.35.040.
(Ord. 720 § 7[2.1.160], 2003; Ord. 737 § 1, 2006)
§ 18.35.070 Building height.
See Table 18.35.040.
The following building height standards are intended to promote land use compatibility and support the principle of neighborhood-scale design:
A.
Building Height Standard. Buildings within the residential districts shall be no more than 30 feet in height; except buildings within the multifamily subdistrict may be up to 40 feet. Building height may be restricted to less than these maximums to comply with the building height transition standard in subsection (C) of this section.
B.
Method of Measurement. Building height shall be measured from the average original grade at the building foundation to the highest point of the roof.
C.
Building Height Transition. To provide compatible building scale and privacy between developments, taller buildings shall "step down" to create a building height transition to adjacent single-story building(s).
1.
This standard applies to new and vertically expanded buildings within 20 feet (as measured horizontally) of an existing single-story building with a height of 20 feet or less.
2.
The building height transition standard is met when the height of the taller building ("x") does not exceed ("y"), the distance between the buildings.
(Ord. 720 § 7[2.1.170], 2003; Ord. 737 § 1, 2006; Ord. 799 § 5, 2015)
§ 18.35.080 Building orientation.
A.
Purpose. The following standards are intended to orient buildings close to streets to promote human-scale development, slow traffic down, and encourage walking in neighborhoods. Placing residences and other buildings close to the street also encourages security and safety by having more "eyes on the street."
B.
Applicability. This section applies to: single-family attached townhomes that are subject to site design review (three or more attached units); multifamily housing; neighborhood commercial buildings; and public and institutional buildings, which receive the public.
C.
Building Orientation Standards. All developments listed in subsection (B) of this section shall be oriented to a street. The building orientation standard is met when all of the following criteria are met:
2.
All buildings shall have their primary entrance(s) oriented to the street. Multifamily and neighborhood commercial building entrances may include entrances to individual units, lobby entrances, or breezeway/courtyard entrances (i.e., to a cluster of units or commercial spaces). Alternatively, a building may have its entrance oriented to a side yard when a direct pedestrian walkway is provided between the building entrance and the street in accordance with the standards in Chapter 18.65 PMC, Access and Circulation. In this case, at least one entrance shall be provided not more than 20 feet from the closest sidewalk or street.
3.
Where applicable, the primary building entrance shall be oriented to the site's frontage that is adjacent to an existing or planned transit stop in order to provide more direct access to transit. Where a transit stop exists or is planned on, or directly adjacent to, the site, orienting the primary entrance to a side yard shall not be permitted.
(Ord. 720 § 7[2.1.180], 2003; Ord. 737 § 1, 2006; Ord. 832 § 3, 2018)
§ 18.35.090 Architectural standards.
A.
Purpose. The architectural standards are intended to provide detailed, human-scale design while affording flexibility to use a variety of building styles.
C.
Standards. All buildings that are subject to this section shall comply with all of the following standards. The graphics provided with each standard are intended to show examples of how to comply. Other building styles and designs can be used to comply, so long as they are consistent with the text of this section. An architectural feature may be used to comply with more than one standard.
D.
Building Form. The continuous horizontal distance (i.e., as measured from end-wall to end-wall) of individual buildings shall not exceed 80 feet. All buildings shall incorporate design features such as offsets, balconies, projections, window reveals, or similar elements to preclude large expanses of uninterrupted building surfaces, as shown in the above figure. Along the vertical face of a structure, such features shall occur at a minimum of every 40 feet, and on each floor shall contain at least two of the following features:
1.
Recess (e.g., deck, patio, courtyard, entrance or similar feature) that has a minimum depth of four feet;
2.
Extension (e.g., floor area, deck, patio, entrance, or similar feature) that projects a minimum of two feet and runs horizontally for a minimum length of four feet; and/or
3.
Offsets or breaks in roof elevation of two feet or greater in height.
E.
Eyes on the Street. All building elevations visible from a street right-of-way shall provide doors, porches, balconies, and/or windows. A minimum of 40 percent of front (i.e., street-facing) elevations and a minimum of 30 percent of side and rear building elevations, as applicable, shall meet this standard. "Percent of elevation" is measured as the horizontal plane (lineal feet) containing doors, porches, balconies, terraces and/or windows. The standard applies to each full and partial building story.
F.
Detailed Design. All buildings shall provide detailed design along all elevations (i.e., front, rear and sides). Detailed design shall be provided by using at least three of the following architectural features on all elevations, as appropriate for the proposed building type and style (may vary features on rear/side/front elevations):
1.
Dormers.
2.
Gables.
3.
Recessed entries.
4.
Covered porch entries.
5.
Cupolas or towers.
6.
Pillars or posts.
7.
Eaves (minimum six-inch projection).
8.
Offsets in building face or roof (minimum 16 inches).
9.
Window trim (minimum four inches wide).
10.
Bay windows.
11.
Balconies.
12.
Decorative patterns on exterior finish (e.g., scales/shingles, wainscoting, ornamentation, and similar features).
13.
Decorative cornices and roof lines (e.g., for flat roofs).
14.
An alternative feature providing visual relief, similar to subsections (F)(1) through (F)(13) of this section.
(Ord. 720 § 7[2.1.190], 2003)
§ 18.35.100 Special standards for certain uses.
This section supplements the standards contained in PMC § 18.35.010 through 18.35.090. It provides standards for the following land uses in order to control the scale and compatibility of those uses within the residential district:
A. "Zero Lot Line"1. 2.
(Single-Family Courtyard Home). "Zero lot line" houses are subject to the same standards as single-family housing, except that a side yard setback is not required on one side of a typical lot (as shown below). This type of housing is allowed to allow development on smaller (i.e., narrower) lots and still provide usable outdoor living area in side-oriented courtyards. The following standards are intended to promote compatibility and privacy between adjacent buildings and allow for building maintenance:
Setbacks Adjacent to Non-Zero Lot Line Development. When a zero lot line house shares a side property line with a non-zero lot line development, the zero lot line building shall be set back from the common property line by a minimum of 10 feet.
Construction and Maintenance Easement. Prior to building permit approval, the applicant shall submit a copy of a recorded easement for every zero lot line house that guarantees rights for the purpose of construction and maintenance of structures and yards. The easement shall stipulate that no fence or other obstruction shall be placed in a manner that would prevent maintenance of structures on the subject lot.
B.
Accessory Dwelling. An accessory dwelling is an interior, attached, or detached residential structure that is used in connection with, or that is accessory to, a single-family dwelling. Accessory dwellings, where allowed, are subject to review and approval through a Type I procedure pursuant to PMC § 18.105.030 and shall conform to all of the following standards:
1.
Oregon Structural Specialty Code. The structure complies with the Oregon Structural Specialty Code;
2.
Owner-Occupied. The primary or accessory dwelling shall be owner-occupied when located within the low density residential R-1 zone. Alternatively, the owner may appoint a family member as a resident caretaker of the principal house and manager of the accessory dwelling;
3.
One Unit. A maximum of one accessory dwelling unit is allowed per lot;
4.
Floor Area. The maximum floor area of the accessory dwelling shall not exceed 900 square feet and shall be comprised of no more than two bedrooms and no more than one bathroom and no more than one attached garage of not more than 300 square feet;
5.
Building Height. The building height of new detached accessory dwellings (i.e., separate cottages) shall not exceed 25 feet or the height of primary dwelling, whichever is less;
6.
Buffering. A minimum four-foot hedge or fence may be required to buffer a detached accessory dwelling from dwellings on adjacent lots, when buffering is necessary for the privacy and enjoyment of yard areas by either the occupants or adjacent residents;
7.
Setbacks. Rear and side yard setbacks shall be the same as those for the primary dwelling. The front of the accessory structure shall be no closer to the front property line than the primary dwelling;
8.
Off-Street Parking. One additional off-street parking space is required;
9.
Road Approach. The road approach shall be shared with the primary dwelling;
10.
Utilities. Water, sewer and stormwater utilities may be connected to the primary dwelling without requiring payment of additional system development charges. If utilities are not connected to the primary dwelling, system development charges for water, sewer, stormwater, transportation and parks shall be required prior to issuance of a building permit; and
11.
Variances. Variances from these standards due to specific situations of the subject property may be recommended by the public works director and approved by the planning official.
C.
Manufactured Homes on Individual Lots. Manufactured homes are allowed on individual lots, subject to all of the following design standards consistent with ORS 197.307(5).
1.
Floor Plan. The manufactured home shall be multisectional and have an enclosed floor area of not less than 1,000 square feet.
2.
Roof. The manufactured home shall have a pitched roof with a slope not less than three feet in height for each 12 feet in width (14 degrees).
3.
Residential Building Materials. The manufactured home shall have exterior siding and roofing, which in color, material and appearance are similar or superior to the exterior siding and roof material used on nearby residences (e.g., horizontal wood or wood-appearance siding is considered superior to metal siding and roofing).
4.
Garages and Carports. The manufactured home shall have a garage or carport constructed of like materials when nearby residences within 200 feet of the property have carports or garages. The city may require an attached or detached garage where that would be consistent with the predominant construction of immediately surrounding residences.
5.
Thermal Envelope. The manufactured home shall be certified by the manufacturer to meet the thermal envelope requirements equivalent to those for a single-family dwelling constructed under the State Building Code. Evidence demonstrating that the manufactured home meets "Super Good Cents" energy efficiency standards is deemed to satisfy the exterior thermal envelope certification requirement. Additional manufacturers certification shall not be required.
6.
Placement. The manufactured home shall be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the manufactured home is located not more than 16 inches above grade, and complies with the minimum setup standards of the adopted state Administrative Rules for Manufactured Dwellings, Chapter 918. Where the building site has a sloped grade, no more than 16 inches of the enclosing material shall be exposed on the uphill side of the home.
7.
Foundation Skirt. The foundation area of the manufactured home shall be fully skirted.
8.
Prohibited. The manufactured home shall not be located in a designated historic district.
D.
Manufactured Home Park. Manufactured home parks are allowed on parcels of five acres or larger, subject to compliance with subsections (D)(1) through (D)(5) of this section:
1.
Allowed Uses. Single-family residences, manufactured home park manager's office, home occupations, and accessory structures which are necessary for the operation and maintenance of the manufactured home park (e.g., landscape maintenance).
2.
Space. The minimum size pad or space for each home is 2,500 square feet; provided, that the overall density of the park does not exceed 12 units per acre. Each space shall be at least 30 feet wide and 40 feet long, in accordance with ORS 446.100(1)(c).
3.
Setbacks and Building Separation. The minimum setback between park structures and abutting properties is 10 feet. The minimum setback between park structures and public street right-of-way is 15 feet. At least a 10-foot separation shall be provided between all dwellings. Dwellings shall be placed a minimum of 14 feet apart where flammable or combustible fuel is stored between units. Park structures shall be placed no closer than five feet to a park street or sidewalk/pathway. An accessory structure shall not be located closer than six feet to any other structure or dwelling, except that a double carport or garage may be built which serves two dwellings. When a double carport/garage is built, the carport/garage shall be separated from all adjacent structures by at least three feet.
4.
Landscaping/Buffering. Manufactured home parks shall be landscaped as follows:
a.
When manufactured homes are oriented with their back or side yards facing a public right-of-way, the planting of a six-foot-wide landscape buffer between the right-of-way and a manufactured home park is required for the privacy and security of residents or aesthetics of the street-scape.
b.
The park shall provide landscape screening along the park boundary abutting adjacent properties.
c.
The landscape screening shall consist of evergreen trees or shrubs of a minimum three feet in height, which are spaced so they provide a semicontinuous screen at maturity. Alternative screening devices subject to prior approval may be utilized if they conceal the manufactured home park as effectively as the required landscaping described above and provided the screening is kept in good repair.
d.
Exposed ground surfaces in all parts of the manufactured home park shall be paved, covered with stone or other solid material, or protected with grass, trees, or shrubs that are capable of preventing soil erosion. The ground surface in all parts of every manufactured home park shall be graded and equipped to drain all surface water in a safe, efficient manner.
e.
Minimum 20 percent of the site shall be dedicated to open space, excluding roads, and shall be designated on the site plan. Should recreational areas also be proposed, these shall also be shown on the plans.
5.
House Design. Manufactured homes in parks shall meet the following design standards, consistent with ORS 197.314(6):
a.
The manufactured home shall have a pitched roof with a slope not less than three feet in height for each 12 feet in width (14 degrees).
6.
Streets and Sidewalks. All streets within the park shall be constructed and paved in accordance with city standards for local roads as outlined in the city's transportation system plan (TSP) unless other standards are approved by the planning commission. The manufactured home park shall be provided with a walk system in conformance with city requirements. Two access points shall be provided to a major street to allow a secondary access for emergency vehicles. A boulevard entrance extending to the first intersection of interior park streets shall be interpreted as satisfying this requirement.
7.
On-Site Sales. The business of selling or storing new and/or used manufactured homes as a commercial operation in connection with the operation of a manufactured home development is prohibited. New or used manufactured homes located on lots within the manufactured home development to be used and occupied on that site may be sold by a licensed dealer and/or broker. This section shall not prohibit the sale of a used manufactured home by an owner of the manufactured home, provided the development permits the sale.
8.
Signage. There shall be a maximum of two 16-square-foot monument signs per street frontage with an entrance that shall bear the name and address of the manufactured home park. Such signs shall be located 10 feet from the lot line/right-of-way line and shall comply with Chapter 18.95 PMC, Regulating Placement of Signs.
E.
Single-Family Attached (Townhomes), Duplexes and Triplexes. Single-family attached housing (townhomes on individual lots), duplex and triplex developments shall comply with the standards in subsections (E)(1) through (E)(4) of this section. The standards are intended to control development scale; avoid or minimize impacts associated with traffic, parking, and design compatibility; and ensure management and maintenance of common areas.
1.
Building Mass Supplemental Standard. Within the residential district, the maximum number and width of consecutively attached townhomes (i.e., with attached walls at property line) shall not exceed four units, or 80 feet (from end-wall to end-wall), whichever is less. Within the multifamily subdistrict, the number and width of consecutively attached townhome units shall not exceed eight units, or 120 feet, whichever is less.
2.
Alley Access. Townhomes, duplex and triplex subdivisions (four or more lots) shall receive vehicle access only from a rear alley. Alley(s) shall be created at the time of subdivision approval, in accordance with PMC § 18.80.020, Transportation improvements, and Chapter 18.115 PMC, Land Divisions and Lot Line Adjustments. Alleys are not required when existing development patterns or topography make construction of an alley impracticable (see subsection (E)(3) of this section for standards). As necessary, the city shall require dedication of rights-of-way or easements and construction of pathways between townhomes lots (e.g., between building breaks) to implement the standards in Chapter 18.65 PMC, Access and Circulation).
3.
Street Access Developments. Townhomes, duplexes and triplexes receiving access directly from a public or private street shall comply with all of the following standards in order to minimize interruption of adjacent sidewalks by driveway entrances, slow traffic, improve appearance of the streets, and minimize paved surfaces for better stormwater management.
a.
When garages face the street, they shall be recessed behind the front elevation (i.e., living area or covered front porch) by a minimum of four feet.
b.
The maximum combined garage width per unit is 50 percent of the total building width. For example, a 24-foot-wide unit may have one 12-foot-wide recessed garage facing the street.
c.
Two adjacent garages shall share one driveway when individual driveways would otherwise be separated by less than 20 feet (i.e., the width of one on-street parking space). When a driveway serves more than one lot, the developer shall record an access and maintenance easement/agreement to benefit each lot prior to building permit issuance.
4.
Common Areas. "Common areas" (e.g., landscaping in private tracts, shared driveways, private alleys, and similar uses) shall be maintained by a homeowner's association or other legal entity. A homeowner's association may also be responsible for exterior building maintenance. A copy of any applicable covenants, restrictions and conditions shall be recorded and provided to the city prior to building permit approval.
F.
Multifamily Housing. Multifamily housing is allowed within the R-3 multifamily district. Multifamily housing means housing that provides three or more dwellings on an individual lot (e.g., multiplexes, apartments, condominiums, etc.). New multifamily developments shall comply with all of the following standards:
1.
Building Mass Supplemental Standard. Within the residential districts, the maximum width or length of a multiple-family building shall not exceed 80 feet (from end-wall to end-wall). Within the R-3 multifamily subdistrict, the width or length shall not exceed 120 feet.
2.
Common Open Space Standard. Inclusive of required setback yards, a minimum of 20 percent of the site area shall be designated and permanently reserved as usable common open space in all multiple family developments. The site area is defined as the lot or parcel on which the development is planned, after subtracting any required dedication of street right-of-way and other land for public purposes (e.g., public park or school grounds, etc.). Sensitive lands and historic buildings or landmarks open to the public and designated by the comprehensive plan may be counted toward meeting the common open space requirements.
3.
Private Open Space Standard. Private open space areas shall be required for ground-floor and upper-floor housing units based on all of the following standards:
a.
All ground-floor housing units shall have front or rear patios or decks measuring at least 48 square feet. Ground-floor housing means the housing unit entrance (front or rear) is within five feet of the finished ground elevation (i.e., after grading and landscaping);
b.
A minimum of 50 percent of all upper-floor housing units shall have balconies or porches measuring at least 24 square feet. Upper-floor housing means housing units which are more than five feet above the finished grade; and
c.
Private open space areas shall be oriented toward common open space areas and away from adjacent single-family residences, trash receptacles, parking and drives to the greatest extent practicable.
4.
Exemptions. Exemptions to the common open space standard may be granted for multi-unit developments of up to 10 units. Exemptions may be granted for the first 20 units of a larger project when these developments are within one-quarter mile (measured walking distance) of a public park, and there is a direct, accessible (i.e., Americans with Disabilities Act-compliant), lighted, and maintained pedestrian trail or sidewalk between the site and the park. An exemption shall be granted only when the nearby park provides active recreation areas such as play fields, children's play areas, sports courts, walking/fitness courses, or similar facilities.
5.
Trash Receptacles. Trash receptacles shall be oriented away from adjacent residences and shall be screened with an evergreen hedge or solid fence or wall of not less than five feet in height.
G.
Residential Care Homes and Facilities. Residential care homes are residential treatment or training homes or adult foster homes licensed by the state of Oregon. They may provide residential care alone, or in conjunction with treatment and/or training for five or fewer individuals (homes) or six to 15 individuals (facilities) who need not be related. Staff persons required to meet state licensing requirements shall not be counted in the number of facility residents and need not be related to each other or the residents. Residential care homes and facilities shall comply with the following standards, consistent with ORS 197.660 through 197.670:
1.
Licensing. All residential care homes shall be duly licensed by the state of Oregon.
2.
Parking. A minimum of one parking space shall be provided for each employee and typical number of visitors, in accordance with Chapter 18.75 PMC, Vehicle and Bicycle Parking.
3.
Development Review. Development review shall be required for new structures to be used as residential care homes or facilities, and for conversion of an existing residence to be used as a residential care home, to ensure compliance with the licensing, parking, and other requirements of this title.
H.
Agriculture, Horticulture and Livestock. The city allows for agriculture, horticulture and livestock uses, subject to the following standards which are intended to provide buffering between these uses and residences:
1.
Prohibited Areas. Livestock shall not be kept within multifamily complexes or manufactured housing parks, due to the higher intensity living environments of these areas.
2.
Minimum Lot Size. No livestock shall be kept on any lot less than one acre in area.
3.
Density. No more than two head of livestock over the age of six months may be maintained per acre. No more than five fowl may be maintained per acre. No more than one swine may be maintained per two acres.
4.
Farm Structures. New barns, stables, and other buildings or structures used to house livestock shall not be developed closer than 40 feet to any property line.
I.
Public and Institutional Land Uses. Public and institutional land uses (as listed in Table 18.35.020) are allowed in the residential district, subject to the following land use standards, which are intended to control the scale of these developments and their compatibility with nearby residences:
1.
Development Site Area. The maximum development site area shall be four acres, except that this standard shall not apply to parks and open space uses. Larger developments may be approved as a conditional use, in accordance with Chapter 18.120 PMC, Conditional Use Permits, or as part of a master planned development, in accordance with Chapter 18.125 PMC.
2.
Building Mass. The maximum width or length of a building shall not exceed 120 feet (from end-wall to end-wall), except that this standard may be increased through the approval of a conditional use permit, or as part of a master planned development.
3.
Vehicle Areas and Trash Receptacles. All vehicle areas (i.e., parking, drives, storage, etc.) and trash receptacles shall be oriented away from adjacent residences to the greatest extent practicable, and shall be screened with an evergreen hedge or solid fence or wall of not less than six feet in height.
J.
Accessory Uses and Structures. Accessory uses and structures are of a nature customarily incidental and subordinate to the principal use or structure on the same lot. Typical accessory structures in the residential district include detached garages, sheds, workshops, greenhouses and similar structures. (For standards applicable to accessory dwellings, please refer to subsection (B) of this section.) All accessory structures shall comply with all of the following standards:
1.
Primary Use Required. An accessory structure shall not be allowed without another allowed use.
2.
Restrictions. A structure shall not be placed over an easement that prohibits such placement. No structure shall encroach into the public right-of-way without approval of the city.
3.
Compliance with Land Division Standards. The owner may be required to remove an accessory structure as a condition of land division approval when removal of the structure is necessary to comply with setback standards.
4.
Floor Area. The maximum floor area of the accessory structure shall not exceed 1,000 square feet unless otherwise approved via the conditional use permit process.
5.
Building Height. The building height of a detached accessory structure shall not exceed 25 feet or the height of the primary structure, whichever is less.
6.
Buffering. The city may require a hedge or fence to screen the accessory structure from dwellings on adjacent lots, unless a similar screen is provided or the distance to adjacent dwelling(s) is greater than 50 feet.
K.
Neighborhood Commercial Land Use. Small-scale neighborhood commercial uses are allowed within the residential districts. All neighborhood commercial uses shall comply with the following standards, which are intended to promote land use compatibility and transition between neighborhood commercial and residential uses:
1.
Vertical and Horizontal Use. Residential and neighborhood commercial uses may be mixed "vertically," meaning that a residential use is developed above the commercial use (i.e., ground-floor retail/office with upper-story apartments, townhomes, or condominiums), or may be mixed "horizontally," meaning commercial and residential uses both occupy ground-floor space. Automobile-oriented uses, as defined in Chapter 18.15 PMC, are expressly prohibited.
2.
Dispersion of Neighborhood Commercial Development. A neighborhood commercial site shall be located no closer than one-half mile from another neighborhood commercial site within the city. A "neighborhood commercial site" means a lot or parcel (or combination of adjacent lots or parcels), zoned residential and containing commercial uses.
3.
Location and Access. Neighborhood commercial developments shall have frontage onto a collector or arterial street and shall conform to the building orientation and parking location standards in PMC § 18.35.080.
4.
Building Mass Supplemental Standard. The maximum width or length of a neighborhood commercial or mixed-use (residential and commercial) building shall not exceed 120 feet (from end-wall to end-wall).
5.
Floor Area Supplemental Standards. The maximum commercial floor area shall not exceed 4,000 square feet total per neighborhood commercial site within the residential districts and the neighborhood commercial district. Floor area is measured by totaling the interior floor area of all building stories, except crawl spaces (i.e., with less than seven and one-half feet of vertical clearance).
6.
Hours of Operation. Neighborhood commercial land uses shall be limited to the following hours of operation: 7:00 a.m. to 10:00 p.m.
(Ord. 720 § 7[2.1.200], 2003; Ord. 778 § 2, 2011; Ord. 799 § 6, 2015; Ord. 833 §§ 5, 6, 2018; Ord. 841 § 3, 2020)
§ 18.40.010 Purpose.
A city goal is to strengthen commercial centers of the city. Commercial districts are intended to support this goal through elements of design and appropriate mixed-use development. This chapter provides standards for the orderly improvement of the commercial districts based on the following principles:
A.
Efficient use of land and urban services;
B.
A mixture of land uses to encourage walking as an alternative to driving, and provide more employment and housing options;
C.
There is a distinct storefront character which identifies the central commercial district;
D.
The commercial districts are connected to neighborhoods and other employment areas;
E.
Provide visitor accommodations and tourism amenities; and
F.
Transit-oriented development reduces reliance on the automobile and reduces parking needs in and along Main Street.
(Ord. 720 § 7[2.2.100], 2003)
§ 18.40.020 Allowed land uses.
The land uses listed in Table 18.40.020 are allowed in the commercial district, subject to the provisions of this chapter. Only land uses that are specifically listed in Table 18.40.020 and land uses that are approved as "similar" to those in Table 18.40.020 may be allowed. The land uses identified under conditional uses require conditional use permit approval prior to development or a change in use, in accordance with Chapter 18.120 PMC.
Table 18.40.020 Land Uses and Building Types Allowed in the Commercial Districts | ||
|---|---|---|
C-1 Central Commercial Allowed Uses | C-2 General Commercial Allowed Uses | O-R Office/Residential Allowed Uses |
(A) Bank or financial institution. (B) Church. (C) Day care centers, including family day care homes. (D) Drive-in or drive-through facilities.* (E) Funeral parlor. (F) Fraternal lodge. (G) Membership club. (H) Multifamily and row housing.* (I) Retail sales and service establishments that do not require the outside storage of goods, supplies or equipment not otherwise identified in this section. (J) Offices. (K) Professional offices. (L) Public buildings and uses including public park, post office, public office, fire station, public community center, public parking lot, and public library. (M) Residences, provided they are in conjunction with another use that is allowed or allowed by an approved conditional use permit. Residences must be located above the allowed use. (N) Recreation vehicles, including travel trailers, camping trailers, fifth-wheel trailers, motor homes, and/or other vehicles designed for temporary occupancy may not be stored or occupied in the zone. | (A) All uses allowed in the C-1 zone. (B) Assembly of products. (C) Automobile or trailer sales and service. (D) Car wash. (E) Motels. (F) Service station and vehicle repair shop. | (A) Church, nonprofit religious or philanthropic institution. (B) Office. (C) Home occupation; subject to PMC § 18.145.020. (D) Multifamily dwelling.** (E) Family day care home or facility. (F) Parking lot. (G) Residential or child care home or facility. |
(O) Residential care facility. (P) Restaurants including takeout only establishments. (Q) Taverns. (R) Sidewalk displays. | ||
** Multifamily dwellings in a commercial zone are subject to the standards of the R-3 zone in Chapter 18.35 PMC. |
Table 18.40.020 Land Uses and Building Types Allowed in the Commercial Districts | ||
|---|---|---|
C-1 Central Commercial Allowed Uses | C-2 General Commercial Allowed Uses | O-R Office/Residential Allowed Uses |
(A) Bank or financial institution. (B) Church. (C) Day care centers, including family day care homes. (D) Drive-in or drive-through facilities.* (E) Funeral parlor. (F) Fraternal lodge. (G) Membership club. (H) Multifamily and row housing.* (I) Retail sales and service establishments that do not require the outside storage of goods, supplies or equipment not otherwise identified in this section. (J) Offices. (K) Professional offices. (L) Public buildings and uses including public park, post office, public office, fire station, public community center, public parking lot, and public library. (M) Residences, provided they are in conjunction with another use that is allowed or allowed by an approved conditional use permit. Residences must be located above the allowed use. (N) Recreation vehicles, including travel trailers, camping trailers, fifth-wheel trailers, motor homes, and/or other vehicles designed for temporary occupancy may not be stored or occupied in the zone. | (A) All uses allowed in the C-1 zone. (B) Assembly of products. (C) Automobile or trailer sales and service. (D) Car wash. (E) Motels. (F) Service station and vehicle repair shop. | (A) Church, nonprofit religious or philanthropic institution. (B) Office. (C) Home occupation; subject to PMC § 18.145.020. (D) Multifamily dwelling.** (E) Family day care home or facility. (F) Parking lot. (G) Residential or child care home or facility. |
(O) Residential care facility. (P) Restaurants including takeout only establishments. (Q) Taverns. (R) Sidewalk displays. | ||
** Multifamily dwellings in a commercial zone are subject to the standards of the R-3 zone in Chapter 18.35 PMC. |
(Ord. 720 § 7[2.2.110], 2003; Ord. 734 § 1, 2005; Ord. 737 § 1, 2006; Ord. 799 § 7, 2015; Ord. 841 § 4, 2020)
§ 18.40.030 Building setbacks.
In the commercial districts, buildings are placed close to the street to create a vibrant pedestrian environment, to slow traffic down, provide a storefront character to the street, and encourage walk-ing. The setback standards are flexible to encourage public spaces between sidewalks and building entrances (e.g., extra-wide sidewalks, plazas, squares, outdoor dining areas, and pocket parks). The standards also encourage the formation of solid blocks of commercial and mixed-use buildings for a walkable community.
Building setbacks are measured from the nearest vertical wall or foundation to the respective property line. Setbacks for porches are measured from the edge of the deck or porch to the property line. The setback standards, as listed in this section, apply to primary structures as well as accessory structures. The standards may be modified only by approval of a variance, in accordance with Chapter 18.155 PMC.
A.
Front Yard Setbacks.
1.
Minimum Setback. There is no minimum front yard setback required, except in the O-R zone that shall be a minimum of 10 feet.
2.
Maximum Setback. There is no maximum front yard setback required, except in the C-1 zone that shall be a maximum of 20 feet. This standard is met when a minimum of 50 percent of the front building elevation is placed no more than 20 feet back from the front property line. On parcels with more than one building, this standard applies to the building closest to the street. The setback standard may be increased when a usable public space with pedestrian amenities (e.g., extra-wide sidewalk, plaza, pocket park, outdoor dining area or town square with seating) is provided between the building and front property line. (See also pedestrian amenities standards in PMC § 18.40.080, and architectural standards in PMC § 18.40.070 for related building entrance standards.)
B.
Rear Yard Setbacks.
1.
Minimum Setback. The minimum rear yard setback for all structures shall be zero feet for street-access lots, and six feet for alley-access lots (distance from building to rear property line or alley easement) in order to provide space for parallel parking. However, for those properties abutting a residential zone or separated by only an alley, the setback shall be 25 feet.
C.
Side Yard Setbacks. There is no minimum side yard setback required, except that buildings shall conform to the vision clearance standards in Chapter 18.65 PMC and the applicable fire and building codes for attached structures, firewalls, and related requirements. However, for those properties abutting a residential zone, the setback shall be 10 feet.
D.
Setback Exceptions. Eaves, chimneys, bay windows, overhangs, cornices, canopies, porches, decks, pergolas, and similar architectural features may encroach into setbacks by no more than four feet, subject to compliance with applicable standards of the Uniform Building Code and Uniform Fire Code. Awnings in the C-1 district may encroach into a required setback up to a maximum of eight feet without any ground support posts. Walls and fences may be placed on the property line, subject to the requirements of Chapter 18.72 PMC, Fences, Hedges and Walls.
(Ord. 720 § 7[2.2.120], 2003; Ord. 737 § 1, 2006; Ord. 799 § 8, 2015; Ord. 849 § 1, 2021)
§ 18.40.040 Material standards.
A.
Intent. This section is intended to promote the common theme of a timber town character in Philomath's commercial districts by formulating material standards for all new and renovated buildings and structures. Primary exterior materials shall be consistent with the overall design composition and intent of a building design. Developments where the physical, visual and spatial characteristics are established and reinforced through the consistent use of compatible urban design and architectural design elements shall be promoted. Such elements shall relate to the design characteristics of an individual structure or development of other existing and planned structures or developments in a harmonious manner (architectural texture or pattern), resulting in coherent overall development patterns and streetscape.
B.
Applicability.
1.
This section shall apply to all new commercial construction and their associated accessory buildings in the C-1 and C-2 districts subject to site design review.
2.
Architecture shall be reviewed by the planning commission as a part of site plan review under the requirements of this section. For applications that are administratively approved, architecture shall be reviewed by the planning official.
3.
Where additions or remodeling of existing buildings is proposed, the following standards shall apply:
a.
Where a new wall material is proposed for an existing building wall, only that portion of the building being altered shall be subject to the standards of this section. However, in considering the proposed alteration, the planning commission may modify the material requirements of the section where it will be consistent with the architecture of the entire building.
b.
Where an addition is proposed to an existing building, the planning commission may allow the use of existing wall materials for the addition; provided, that the design of the alteration is consistent with the existing building wall design.
C.
Building Materials.
1.
Commercial Districts.
a.
Primary Facade. Primary exterior materials shall be consistent with the overall design composition and intent of a building design. Materials shall consist of durable wood, composites (e.g., concrete fiber-board or similar materials that has a wood appearance), brick, split-face or rusticated concrete block (must be tinted), natural stone, or materials of similar appearance and durability. Vinyl or metal may be used on the exterior, but may not be used as the primary cladding material. Where metal is used, it shall be nonreflective split seam or similar metal. Metal may also be used for exterior detailing (e.g., wainscoting, flashing, brackets, etc.).
b.
Side or Rear Facade Design. Wherever a side or rear facade is visible from a public street, or if parking is located at the side or rear of a building, the facade shall be designed to create a harmonious appearance, in accordance with the following design criteria. Materials and architectural features similar to those present on the front of the building shall be used on the side or rear facade.
2.
Material Review.
a.
The predominant building materials shall be in accordance with subsection (C)(1)(a) of this section. Building materials such as smooth-faced concrete block, undecorated tilt-up concrete dryvit panels, or prefabricated steel panels may only be used as accents.
b.
Building materials shall be durable, weather-resistant, rustproof, and shall be maintained by the property owner or tenant at all times.
c.
All exterior construction must incorporate a minimum of three separate building materials outlined in subsection (C)(1)(a) of this section.
d.
The planning commission may waive the materials required by this section if it finds that a proposed building design and the materials or combinations of materials are in keeping with the intent of this section and the recommendations of the comprehensive plan.
e.
The planning commission shall review these materials standards on an annual basis. Any revisions, changes or modifications of these materials standards shall be submitted, in the form of a resolution, to the planning commission for adoption.
D.
Building Design.
1.
Architectural Details.
a.
Buildings shall possess architectural variety, but enhance the overall cohesive community character or character of the neighborhood.
b.
All buildings shall provide architectural features, details, and ornaments such as archways, colonnades, cornices, recesses, projections, wall insets, arcades, window display areas, peaked roof lines, or towers.
c.
Building walls and roofs over 100 feet in length shall be broken up with varying building lines, windows, gables, and/or architectural accents and trees.
d.
Building setback and roof lines shall generally match the established pattern of buildings on site and adjacent properties to maintain the existing street wall patterns and design as depicted in Table 18.40.040(D). The rhythm established through the existing architectural elements shall also be maintained. The elements shall include, but be not limited to, frequency and spacing of windows, doorways, and storefronts.
Table 18.40.040(D): Building Context | |
|---|---|
Height | Width |
_1.tif.png "18.40.040(D)_1.tif") | _2.tif.png "18.40.040(D)_2.tif") |
Setback | Proportion |
_3.tif.png "18.40.040(D)_3.tif") | _4.tif.png "18.40.040(D)_4.tif") |
Rhythm | |
_5.tif.png "18.40.040(D)_5.tif") | |
2.
Color.
a.
Exterior building facade and roof colors shall be established by the applicant as an integral part of the building design, and shall exhibit evidence of coordination and selection with respect to the overall visual effect of the building.
b.
Exterior colors shall be of low reflectance, subtle, neutral, or earth tone colors. Fluorescent colors are prohibited.
c.
The color of each facade material shall be harmonious with the colors of all other facade materials used on the same building, as well as the color of facade materials on adjacent buildings.
3.
Roofs.
a.
Roofs shall be designed to reduce the apparent exterior mass of a building, add visual interest and be appropriate to the architectural style of the building.
b.
Multi-story buildings or buildings taller than 25 feet may have flat or pitched roofs. Flat roof buildings shall provide a parapet wall around the roof with a decorative cornice.
c.
Flat roofs are discouraged on single-story buildings less than 25 feet tall. A pitched roof of four in 12 or greater is preferred in order to add visual interest. Mansard roofs may be used to conceal a flat roof. Single-story buildings with flat roofs shall be designed to provide the scale of a two-story building with a minimum height of 20 feet and a parapet wall around the roof with a decorative cornice.
d.
Metal roofs may be allowed if compatible with the overall architectural design of the building.
4.
Sustainable Design. Building design that promotes sustainable development, including leadership in energy and environmental design (LEED), shall be encouraged.
5.
Overhead Doors. Overhead doors shall not face a public street or residential district. The planning commission can modify this requirement upon a determination that there is no reasonable alternative and the visual impact will be moderated through use of building materials, architectural features and landscaping beyond that required.
6.
Mechanical Features. Mechanical and service features on the building or roof such as gutters, ductwork, service doors, etc. that cannot be screened shall be of a color that blends in with the color of the building.
(Ord. 720 § 7[2.2.130], 2003; Ord. 849 § 2, 2021)
§ 18.40.050 Block layout and building orientation.
This section is intended to promote the walkable, storefront character of the commercial districts by forming short blocks and orienting buildings close to streets. Placing buildings close to the street also slows traffic down and provides more "eyes on the street," increasing the safety of public places. The standards, as listed in this section, complement the front yard setback standards in PMC § 18.40.030.
A.
Applicability. This section applies to new land divisions and all of the following types of development (i.e., subject to site design review):
1.
Three or more single-family row houses on their own lots (i.e., townhomes subject to site design review);
2.
Multifamily housing;
3.
Public and institutional buildings, except that the standard shall not apply to buildings which are not subject to site design review or those that do not receive the public (e.g., buildings used solely to house mechanical equipment, and similar uses); and
4.
Commercial and mixed-use buildings subject to site design review.
B.
Block Layout Standard. New land divisions and developments that are subject to site design review shall be configured to provide an alley or interior parking court. Blocks (areas bound by public street right-of-way) shall have a length not exceeding 400 feet and a depth not exceeding 400 feet. Pedestrian pathways shall be provided from the street right-of-way to interior parking courts between buildings, as necessary, to ensure reasonably safe, direct, and convenient access to building entrances and off-street parking. Exceptions to this standard may be approved when all of the provisions of subsection (C) of this section, Superblock Developments, are met.
C.
Superblock Developments. Commercial and mixed-use developments may exceed the block width and depth standards in subsection (B) of this section when the total floor area of those developments (i.e., one or more buildings on one or more lots) exceeds 60,000 square feet on the ground floor. These "superblock developments" require conditional use permit approval and shall conform to all of the standards in subsections (C)(1) and (C)(2) of this section.
1.
Create a "Shopping Street." Each development has at least one street or drive designed with the basic elements of a good pedestrian-oriented shopping street: buildings oriented (placed) close to both sides of a "main street," which may be public or private; on-street parking; wide sidewalks (e.g., eight to 12 feet typical); street trees; and pedestrian-scale lighting and other similar enhancements.
2.
Provide Usable Pedestrian Space. "Pedestrian space" means a plaza or extra-wide path-way/sidewalk near one or more building entrances. Each development provides street trees or planters, space for outdoor seating, canopies or awnings, and on-street parking (in selected areas) to improve the pedestrian environment along internal private drives.
D.
Building Orientation Standard. All of the developments listed in subsection (A) of this section shall be oriented to a street. The building orientation standard is met when all of the following criteria are met:
2.
Buildings have their primary entrance(s) oriented to (facing) the street. Building entrances may include entrances to individual units, lobby entrances, entrances oriented to pedestrian plazas, or breezeway/courtyard entrances (i.e., to a cluster of units or commercial spaces). Alternatively, a building may have its entrance facing a side yard when a direct pedestrian walkway not exceeding 20 feet in length is provided between the building entrance and the street right-of-way, except where the site's frontage is adjacent to an existing or planned transit stop, in which case the primary building entrance shall be oriented to that frontage to provide more direct access to transit.
3.
Off-street parking, driveways or other vehicular circulation shall not be placed between a building and the street that is used to comply with subsection (B) of this section. On corner lots, buildings and their entrances shall be oriented to the street corner; parking, driveways and other vehicle areas shall be prohibited between buildings and street corners.
(Ord. 720 § 7[2.2.140], 2003; Ord. 799 § 9, 2015; Ord. 832 § 4, 2018)
§ 18.40.060 Building height.
A.
All buildings in the commercial districts shall comply with the following building height standards. The standards are intended to allow for development of appropriately scaled buildings with a storefront character.
B.
Maximum Height. Buildings shall be no more than three stories or 40 feet in height, whichever is greater. The maximum height may be increased by 10 feet when housing is provided above the ground floor ("vertical mixed-use"). The building height increase for housing shall apply only to a building that contains housing.
(Ord. 720 § 7[2.2.150], 2003; Ord. 799 § 10, 2015)
§ 18.40.070 Large scale buildings and developments.
A.
Design of Large-Scale Buildings and Developments. The standards in subsection (A)(3) of this section shall apply to large-scale buildings and developments, as defined in subsections (A)(1) and (A)(2) of this section:
1.
Buildings with greater than 20,000 square feet of enclosed ground-floor space (i.e., large-scale). Multitenant buildings shall be counted as the sum of all tenant spaces within the same building shell.
2.
Multiple-building developments with a combined ground-floor space (enclosed) greater than 40,000 square feet (e.g., shopping centers, public/institutional campuses, and similar developments).
3.
All large-scale buildings and developments, as defined in subsections (A)(1) and (A)(2) of this section, shall provide human-scale design by conforming to all of the following criteria:
a.
Incorporate changes in building direction (i.e., articulation) and divide large masses into varying heights and sizes. Such changes may include building offsets; projections; changes in elevation or horizontal direction; sheltering roofs; terraces; a distinct pattern of divisions in surface materials; use of windows, screening trees; small-scale lighting (e.g., wall-mounted lighting or up-lighting); and similar features.
b.
Every building elevation adjacent to a street with a horizontal dimension of more than 100 feet, as measured from end-wall to end-wall, shall have a building entrance; except that building elevations that are unable to provide an entrance due to the internal function of the building space (e.g., mechanical equipment, areas where the public or employees are not received, etc.) may not be required to meet this standard. Pathways shall connect all entrances to the street right-of-way, in conformance with Chapter 18.65 PMC, Access and Circulation.
(Ord. 720 § 7[2.2.160], 2003)
§ 18.40.080 Pedestrian and transit amenities.
A.
Purpose and Applicability. This section is intended to complement the building orientation standards in PMC § 18.40.050, and the street standards in Chapter 18.65 PMC, by providing comfortable and inviting pedestrian spaces within the commercial districts. Pedestrian amenities serve as informal gathering places for socializing, resting, and enjoyment of the city and contribute to a walkable district. This section applies to all of the following types of buildings:
1.
Three or more single-family attached townhomes on their own lots (i.e., townhomes subject to site design review) and multifamily dwellings;
2.
Public and institutional buildings, except that the standard shall not apply to buildings which are not subject to site design review or those that do not receive the public (e.g., buildings used solely to house mechanical equipment and similar uses); and
3.
Commercial and mixed-use buildings subject to site design review.
B.
Guidelines and Standards. Every development shall provide pedestrian amenities such as but not limited to the following listed in subsections (B)(1) through (B)(5) of this section. Pedestrian amenities may be provided within a public right-of-way when approved by the applicable jurisdiction.
1.
A plaza, courtyard, square or extra-wide sidewalk next to the building entrance with a minimum width of 10 feet.
2.
Sitting space (i.e., dining area, benches or ledges) between the building entrance and side-walk (minimum of 16 inches in height and 30 inches in width).
3.
Building canopy, awning, pergola, or similar weather protection (minimum projection of four feet over a sidewalk or other pedestrian space).
4.
Public art that incorporates seating (e.g., fountain, sculpture, etc.).
5.
Transit amenity, such as bus shelter or pullout, in accordance with the city's transportation plan and adopted transit service provider plans. See PMC § 18.80.020(W), Transit Access and Supportive Facilities.
(Ord. 720 § 7[2.2.170], 2003; Ord. 799 § 11, 2015; Ord. 832 § 5, 2018)
§ 18.40.090 Special standards for certain uses.
A.
Residential Uses. Higher density residential uses, such as multifamily buildings and attached townhomes, are allowed to encourage housing near employment, shopping and services. All residential developments shall comply with the standards in subsections (A)(1) through (A)(6) of this section, which are intended to require mixed-use development; conserve the community's supply of commercial land for commercial uses; provide for designs which are compatible with a storefront character; avoid or minimize impacts associated with traffic and parking; and ensure proper management and maintenance of common areas. Residential uses that existed prior to the effective date of the ordinance codified in this title are exempt from this section.
1.
Mixed-Use Development Required. Residential uses shall be allowed only when part of a mixed-use development (residential with commercial or public/institutional use). Both vertical mixed-use (housing above the ground floor), and horizontal mixed-use (housing on the ground floor) developments are allowed, subject to the standards in subsections (A)(2) through (A)(6) of this section.
2.
Limitation on Street-Level Housing. No street frontage may be occupied by residential uses. This standard is intended to reserve storefront space for commercial uses and public/institutional uses; it limits residential uses to above the street level on upper stories or behind street-level storefronts. For parcels with street access at more than one level (e.g., sloping sites with two street frontages), the limitation on residential building space shall apply to all street frontages. Minimal street frontage may be given for stairways or access corridors to residential uses.
3.
Density. There is no minimum or maximum residential density standard. Density shall be controlled by the applicable lot coverage and building height standards.
4.
Parking, Garages, and Driveways. All off-street vehicle parking, including surface lots and garages, shall be oriented to alleys, placed underground, or located in parking areas located behind or to the side of the building; except that side yards facing a street (i.e., corner yards) shall not be used for surface parking. On corner lots, garage entrances shall be oriented to a side street or lower classification street when access cannot be provided from an alley.
5.
Creation of Alleys. When a subdivision (e.g., four or more townhome lots) is proposed, a public or private alley shall be created for the purpose of vehicle access. Alleys are not required when existing development patterns or topography makes construction of an alley impracticable. As part of a subdivision, the city may require dedication of right-of-way or easements and construction of pathways between townhome lots (e.g., between building breaks) to provide pedestrian connections through a development site, in conformance with Chapter 18.65 PMC, Access and Circulation.
6.
Common Areas. All common areas (e.g., walkways, drives, courtyards, private alleys, parking courts, etc.) and building exteriors shall be maintained by a homeowner's association or other legal entity. Copies of any applicable covenants, restrictions and conditions shall be recorded and provided to the city prior to building permit approval.
B.
(Reserved.)
C.
Public and Institutional Uses. Public and institutional uses as listed in Table 18.40.020 are allowed in the commercial districts, except that automobile-oriented uses shall comply with the standards in subsection (E) of this section. Typical automobile oriented uses in this category include public works yards, equipment storage and repair, school bus companies, and similar facilities that store, repair or service automobiles, trucks, buses, heavy equipment and construction materials.
D.
Accessory Uses and Structures. Accessory uses and structures are of a nature customarily incidental and subordinate to the principal use or structure on the same lot. Typical accessory structures in the commercial districts include small workshops, greenhouses, studios, storage sheds, and similar structures. Accessory uses and structures are allowed for all permitted land uses within the commercial districts, as identified in Table 18.40.020. Accessory structures shall comply with the following standards:
1.
Primary Use Required. An accessory structure shall not be allowed before or without a primary use, as identified in Table 18.40.020.
2.
Setback Standards. Accessory structures shall comply with the setback standards in PMC § 18.40.030, except that the maximum setback provisions shall not apply.
3.
Design Guidelines. Accessory structures shall comply with the commercial district design guidelines, as provided in PMC § 18.40.070.
4.
Restrictions. A structure shall not be placed over an easement that prohibits such placement. No structure shall encroach into the public right-of-way unless otherwise approved by the city in writing.
5.
Compliance with Subdivision Standards. The owner may be required to remove an accessory structure as a condition of land division approval when removal of the structure is necessary to comply with setback standards.
E.
Automobile-Oriented Uses and Facilities. Automobile-oriented uses and facilities, as defined below, shall conform to all of the following standards in the central commercial district. The standards are intended to provide a vibrant storefront character, slow traffic down, and encourage walking.
1.
Parking, Garages, and Driveways. All off-street vehicle parking, including surface lots and garages, shall be accessed from alleys, placed underground, placed in structures above the ground floor, or located in parking areas located behind or to the side of a building; except that side yards on corner lots shall not be used for surface parking. All garage entrances facing a street (e.g., underground or structured parking) shall be recessed behind the front elevation by a minimum of six feet. On corner lots, garage entrances shall be oriented to a side or lower classified street when vehicle access cannot be provided from an alley. Individual surface parking lots shall not exceed a total of one-half city block. Larger parking areas shall be in multiple story garages.
2.
Automobile-Oriented Uses. "Automobile-oriented use" means automobiles and/or other motor vehicles are an integral part of the use. These uses are restricted because, when unrestricted, they detract from the pedestrian-friendly, storefront character of the district and can consume large amounts of land relative to other allowed uses. Automobile-oriented uses shall comply with the following standards:
a.
Vehicle Repair. Businesses that repair or service automobiles, trucks, motorcycles, buses, recreational vehicles/boats, construction equipment, and similar vehicles and equipment are allowed when the use is contained within an enclosed building.
b.
Drive-Up, Drive-In, and Drive-Through Facilities. Drive-up, drive-in, and drive-through facilities (e.g., associated with restaurants, banks, car washes, and similar uses) shall conform to the following standards:
i.
None of the drive-up, drive-in or drive-through facilities (e.g., driveway queuing areas, windows, teller machines, service windows, drop-boxes, and similar facilities) are located within 20 feet of a street and shall not be oriented to a street corner.
F.
Sidewalk Displays. Sidewalk display of merchandise and vendors shall be limited to cards, plants, gardening/floral products, food, books, newspapers, bicycles, and similar small items for sale or rental to pedestrians (i.e., non-automobile oriented). A minimum clearance of six feet shall be maintained. Display of larger items, such as automobiles, trucks, motorcycles, buses, recreational vehicles/boats, construction equipment, building materials, and similar vehicles and equipment, is prohibited.
G.
Light Manufacture. Light manufacture uses are allowed in the C-2 district. "Light manufacture" means production or manufacturing of small-scale goods, such as crafts, electronic equipment, bakery products, printing and binderies, furniture, and similar goods. Light manufacture uses shall conform to all of the following standards, which are intended to protect the pedestrian-friendly, storefront character of these districts:
1.
Retail or Service Use Required. Light manufacture is allowed only when it is in conjunction with an allowed retail or service use.
2.
Location. The light manufacture use shall be enclosed within a building or shall be located within a rear yard not adjacent to a street or visible to the general public.
H.
Parking of semi-truck and/or tractor/trailers shall not exceed five calendar days outside of industrial zones.
1.
Long-term storage of tractor/trailers is allowed in industrial zoned districts.
2.
All parking or storage of tractor/trailers for more than five calendar days shall be screened from public view and adjacent residentially zoned properties with a fence or landscaping no less than six feet tall.
3.
Temporary parking of tractor/trailers not approved in this section may apply for a temporary permit through the planning commission.
(Ord. 720 § 7[2.2.180], 2003; Ord. 734 § 1, 2005; Ord. 841 §§ 5, 6, 2020)
§ 18.45.010 Purpose.
The industrial districts accommodate a range of light and heavy industrial land, as well as industrial park uses. It is intended to segregate less compatible developments from other districts while providing a high-quality business environment for employees and residents. This chapter guides the orderly development of industrial areas based on the following principles:
A.
Provide for efficient use of land and public services;
B.
Provide transportation options for employees and customers;
C.
Locate business and industrial services close to major employment centers;
D.
Ensure compatibility between industrial uses and nearby commercial and residential areas; and
E.
Provide appropriate design standards to accommodate a range of industrial users, in conformance with the comprehensive plan.
(Ord. 720 § 7[2.3.100], 2003)
§ 18.45.020 Allowed land uses.
The land uses listed in Table 18.45.020 are allowed in the industrial zones, subject to the provisions of this chapter and Chapter 18.110 PMC, Development Review and Site Design Review. Only land uses that are specifically listed in Table 18.45.020 and land uses that are approved as "similar" to those in Table 18.45.020 may be allowed.
Table 18.45.020 Land Uses and Building Types Allowed in the Industrial Districts | ||
|---|---|---|
LI – Light Industrial Allowed Uses | HI – Heavy Industrial Allowed Uses | IP – Industrial Park Allowed Uses |
(A) Accessory uses. (B) Automobile and equipment repair, sales, rental, storage and service. (C) Caretaker dwelling. (D) Freight and trucking. (E) Government facilities (e.g., public safety, utilities, school district bus facilities, public works yards, transit and transportation, and similar facilities). (F) Light manufacture (e.g., electronic equipment, printing, bindery, furniture, and similar goods). (G) Mini-warehouse and storage. (H) Outdoor commercial uses, storage, and sales. (I) Repair services. (J) Research facilities. (K) RV park facilities. (L) Special district facilities (e.g., irrigation district, and similar facilities). (M) Utility facilities, including distribution plant, substation, and service yard. (N) Vocational schools. | (A) Uses allowed in the LI zone. | (A) Uses allowed in the LI zone when conducted within a building. (B) Commercial uses incidental to and directly related to allowed or conditional uses. (C) Indoor and outdoor recreation facilities. (D) Offices. (E) RV park facilities. |
(O) Warehousing and distribution. (P) Wholesale trade and services. (Q) Wireless communication equipment. | ||
Industrial uses shall require a conditional use permit when they generate significant noise, light/glare, dust and vibration impacts, or traffic; or when they include resource extraction. The standards for determining "significant" are provided in PMC § 18.45.070(A), Uses with Significant Noise, Light/Glare, Dust, Vibration, or Traffic Impacts. Conditional use permits shall be subject to the procedure and standards in Chapter 18.120 PMC, Conditional Use Permits. |
Table 18.45.020 Land Uses and Building Types Allowed in the Industrial Districts | ||
|---|---|---|
LI – Light Industrial Allowed Uses | HI – Heavy Industrial Allowed Uses | IP – Industrial Park Allowed Uses |
(A) Accessory uses. (B) Automobile and equipment repair, sales, rental, storage and service. (C) Caretaker dwelling. (D) Freight and trucking. (E) Government facilities (e.g., public safety, utilities, school district bus facilities, public works yards, transit and transportation, and similar facilities). (F) Light manufacture (e.g., electronic equipment, printing, bindery, furniture, and similar goods). (G) Mini-warehouse and storage. (H) Outdoor commercial uses, storage, and sales. (I) Repair services. (J) Research facilities. (K) RV park facilities. (L) Special district facilities (e.g., irrigation district, and similar facilities). (M) Utility facilities, including distribution plant, substation, and service yard. (N) Vocational schools. | (A) Uses allowed in the LI zone. | (A) Uses allowed in the LI zone when conducted within a building. (B) Commercial uses incidental to and directly related to allowed or conditional uses. (C) Indoor and outdoor recreation facilities. (D) Offices. (E) RV park facilities. |
(O) Warehousing and distribution. (P) Wholesale trade and services. (Q) Wireless communication equipment. | ||
Industrial uses shall require a conditional use permit when they generate significant noise, light/glare, dust and vibration impacts, or traffic; or when they include resource extraction. The standards for determining "significant" are provided in PMC § 18.45.070(A), Uses with Significant Noise, Light/Glare, Dust, Vibration, or Traffic Impacts. Conditional use permits shall be subject to the procedure and standards in Chapter 18.120 PMC, Conditional Use Permits. |
(Ord. 720 § 7[2.3.110], 2003; Ord. 737 § 1, 2006)
§ 18.45.030 Development setbacks.
Development setbacks provide separation between industrial and nonindustrial uses for fire protection/security, building maintenance, sunlight and air circulation, noise buffering, and visual separation.
A.
Front Yard Setbacks. The minimum front yard setback shall be 20 feet. The setback standard shall increase by one foot for every one foot of building height in excess of 30 feet.
B.
Rear Yard Setbacks. There is no required rear yard setback, except that industrial development (i.e., buildings, parking, outdoor storage and industrial activities) shall be set back from residential districts by a minimum of 40 feet, and from other nonindustrial districts by a minimum of 20 feet; the rear setback in this case shall increase by one foot for every one foot of building height in excess of 30 feet.
C.
Side Yard Setbacks. There are no required side yard setbacks, except that industrial development (i.e., buildings, parking, outdoor storage and industrial activities) shall be set back from residential districts by a minimum of 40 feet and from other nonindustrial districts by a minimum of 20 feet; the side setback in this case shall increase by one foot for every one foot of building height in excess of 30 feet.
(Ord. 720 § 7[2.3.120], 2003; Ord. 734 § 1, 2005)
§ 18.45.040 Lot coverage.
The maximum allowable lot coverage in the heavy industrial district is 90 percent; in the light industrial district, 80 percent; and in the industrial park, 60 percent. The maximum allowable lot coverage is computed by calculating the total area covered by buildings and impervious (paved) surfaces, including accessory structures. Compliance with other sections of this title may preclude development of the maximum lot coverage for some land uses.
(Ord. 720 § 7[2.3.130], 2003)
§ 18.45.050 Development orientation.
Industrial developments shall be oriented on the site to minimize adverse impacts (e.g., noise, glare, smoke, dust, exhaust, vibration, etc.), protect the privacy of adjacent uses to the greatest extent possible, and encourage alternative modes of transportation, such as walking, bicycling and use of transit. The following standards shall apply to all development in the industrial districts:
A.
Building Entrances. All buildings shall have a primary entrance oriented to a street. "Oriented to a street" means that the building entrance faces the street or is connected to the street by a direct and convenient pathway. Streets used to comply with this standard may be public streets, or private streets that contain sidewalks and street trees, in accordance with the design standards in Division 3.
B.
Pathway Connections. Pathways shall be placed through yard setbacks as necessary to provide direct and convenient pedestrian circulation between developments and neighborhoods. Pathways shall conform to the standards in Division 3.
C.
Arterial Streets. When the only street abutting a development is an arterial street, the building's entrance(s) may be oriented to an internal drive. The internal drive shall provide a raised pathway connecting the building entrances to the street right-of-way. The pathway shall conform to the standards in Division 3.
D.
Buffers. The city may require a 40-foot landscape buffer between development in the industrial district and adjacent residential district(s) to reduce light, glare, noise, and aesthetic impacts.
E.
Commercial Developments. Commercial buildings and uses comprising more than 40,000 square feet of total ground-floor building space shall additionally conform to the block layout and building orientation standards for commercial zones as contained in PMC § 18.40.050.
F.
Outside Activities and Facilities. Mechanical equipment, lights, emissions shipping/receiving areas and other components of an industrial use that are outside enclosed buildings shall be located away from residential areas, schools, parks, and other nonindustrial areas to the maximum extent practicable.
(Ord. 720 § 7[2.3.140], 2003)
§ 18.45.060 Building height.
The following building height standards are intended to promote land use compatibility and flexibility for industrial development at an appropriate community scale:
A.
Base Requirement. Buildings shall be no more than 50 feet in height and shall comply with the building setback/height standards in PMC § 18.45.030.
B.
Performance Option. The allowable building height may be increased to 80 feet, when approved as part of a conditional use permit. The development approval may require additional setbacks, stepping-down of building elevations, visual buffering, screening, and/or other appropriate measures to provide a height transition between industrial development and adjacent nonindustrial development. Smokestacks, cranes, roof equipment, and other similar features that are necessary to the industrial operation may not exceed 75 feet in height without approval of a conditional use permit.
(Ord. 720 § 7[2.3.150], 2003; Ord. 734 § 1, 2005)
§ 18.45.070 Special standards for certain uses.
A.
Uses with Significant Noise, Light/Glare, Dust, Vibration, or Traffic Impacts. It is anticipated that uses in the light industrial and industrial park zones will not cause significant impacts beyond the subject property. However, in all zones the following uses shall require conditional use permit approval, in addition to development review or site design review:
1.
Uses with Significant Noise, Light/Glare, Dust and Vibration Impacts. Uses that are likely to create significant adverse impacts beyond the industrial district boundaries, such as noise, light/glare, dust, or vibration, shall require conditional use approval, in conformance with Chapter 18.120 PMC. The following criteria shall be used in determining the adverse impacts of a use likely to be "significant":
a.
Noise. The noise level beyond the property line exceeds 55 dBA in the industrial park; 65 dBA in the light industrial; and 75 dBA in the heavy industrial districts (24-hour average) on a regular basis.
b.
Light/Glare. Lighting and/or reflected light from the development exceeds ordinary ambient light and glare levels (i.e., levels typical of the surrounding area).
c.
Dust and/or Exhaust. Dust and/or exhaust emissions from the development exceeds ambient dust or exhaust levels, or levels that existed prior to development.
d.
Vibration. Vibration (e.g., from mechanical equipment) is sustained and exceeds ambient vibration levels (i.e., from adjacent roadways and existing land uses in the surrounding area).
2.
Traffic. The city may require a traffic impact study prepared by a qualified professional and in accordance with the traffic impact study requirements in PMC § 18.80.020(V) prior to deeming a land use application complete, and determining whether the proposed use requires conditional use approval. Applicants may be required to provide a traffic analysis for review by ODOT for developments that increase traffic on state highways.
3.
Resource extraction, such as the operation of mineral and aggregate quarries and similar uses, shall require a conditional use permit. The applicant shall also be required to prepare a site reclamation plan for review and approval by the city and other affected agencies prior to commencing resource extraction. The required scope of the reclamation plan shall be identified by the conditional use permit, and shall comply with applicable requirements of state natural resource regulatory agencies.
B.
Wireless Communication Equipment. Wireless communication equipment, including radio, cellular, television and similar types of transmission and receiving facilities are allowed, subject to the applicable setbacks of the zone.
(Ord. 720 § 7[2.3.160], 2003; Ord. 737 § 1, 2006; Ord. 832 § 6, 2018)
§ 18.45.080 Material standards.
A.
Intent. The following building design standards are provided in order to encourage attractive developments and ensure proper and desirable construction. All structures within these zones shall be constructed to meet certain basic requirements as presented in the following sections, including integration of the design of any structures with the overall site design, and use of materials deemed suitable by the city.
B.
Applicability.
1.
This section shall apply to all new industrial construction and their associated accessory buildings in the LI, IP and HI districts subject to site design review. Buildings in the heavy industrial (HI) district may apply for a Class B variance, using a Type II procedure, in accordance with PMC § 18.155.030.
2.
Architecture shall be reviewed by the planning commission as a part of site plan review under the requirements of this section. For applications that are administratively approved, architecture shall be reviewed by the planning official.
3.
Where additions or remodeling of existing buildings is proposed, the following standards shall apply:
a.
Where a new wall material is proposed for an existing building wall, only that portion of the building being altered shall be subject to the standards of this section. However, in considering the proposed alteration, the planning commission may modify the material requirements of the section where it will be consistent with the architecture of the entire building.
b.
Where an addition is proposed to an existing building, the planning commission may allow the use of existing wall materials for the addition; provided, that the design of the alteration is consistent with the existing building wall design.
C.
Building Materials.
1.
Industrial Districts.
a.
Primary Facade. Primary exterior materials shall be consistent with the overall design composition and intent of a building design. Materials shall consist of durable wood, composites (e.g., concrete fiber-board or similar materials that has a wood appearance), brick, split-face or rusticated concrete block (must be tinted), natural stone, or materials of similar appearance and durability. Vinyl or metal may be used on the exterior, but may not be used as the primary cladding material. Where metal is used, it shall be nonreflective split seam or similar metal. Metal may also be used for exterior detailing (e.g., wainscoting, flashing, brackets, etc.).
b.
Side or Rear Facade Design. Wherever a side or rear facade is visible from a public street, or if parking is located at the side or rear of a building, the facade shall be designed to create a harmonious appearance, in accordance with the following design criteria. Materials and architectural features similar to those present on the front of the building shall be used on the side or rear facade.
2.
Material Review.
a.
The predominant building materials shall be in accordance with subsection (C)(1)(a) of this section. Building materials such as smooth-faced concrete block, undecorated tilt-up concrete dryvit panels, or prefabricated steel panels may only be used as accents.
b.
Building materials shall be durable, weather-resistant, corrosion resistant, and shall be maintained by the property owner or tenant at all times.
c.
All exterior construction must incorporate a minimum of three separate building materials outlined in subsection (C)(1)(a) of this section.
d.
The planning commission may waive the materials required by this section if it finds that a proposed building design and the materials or combinations of materials are in keeping with the intent of this section and the recommendations of the comprehensive plan.
e.
The planning commission shall review these materials standards on an annual basis. Any revisions, changes or modifications of these materials standards shall be submitted, in the form of a resolution, to the city council for adoption.
D.
Building Design.
1.
Architectural Details.
a.
Buildings shall possess architectural variety, but enhance the overall cohesive community character or character of the district.
b.
All buildings shall provide architectural features, details, and ornaments such as archways, colonnades, cornices, recesses, projections, wall insets, arcades, window display areas, peaked roof lines, or towers.
c.
Building walls and roofs over 100 feet in length shall be broken up with varying building lines, windows, gables, and/or architectural accents and trees.
2.
Color.
a.
Exterior building facade and roof colors shall be established by the applicant as an integral part of the building design, and shall exhibit evidence of coordination and selection with respect to the overall visual effect of the building.
b.
Exterior colors shall be of low reflectance, subtle, neutral, or earth tone colors. Fluorescent colors are prohibited.
c.
The color of each facade material shall be harmonious with the colors of all other facade materials used on the same building, as well as the color of facade materials on adjacent buildings.
3.
Roofs.
a.
Roofs shall be designed to reduce the apparent exterior mass of a building, add visual interest and be appropriate to the architectural style of the building.
b.
All fans, vents, cooling towers, skylights and any equipment located on the roof of any improvements shall be located in a manner to minimize their distraction from the architectural attractiveness of the improvement, and in a manner to screen them from sight of traffic.
c.
Multistory buildings or buildings taller than 25 feet may have flat or pitched roofs. Flat roof buildings shall provide a parapet wall around the roof with a decorative cornice.
d.
Flat roofs are discouraged on single-story buildings less than 25 feet tall. A pitched roof of four in 12 or greater is preferred in order to add visual interest. Mansard roofs may be used to conceal a flat roof. Single-story buildings with flat roofs shall be designed to provide the scale of a two-story building with a minimum height of 20 feet and a parapet wall around the roof with a decorative cornice.
e.
Metal roofs may be allowed if compatible with the overall architectural design of the building.
4.
Sustainable Design. Building design that promotes sustainable development, including leadership in energy and environmental design (LEED), shall be encouraged.
5.
Overhead Doors. Overhead doors shall not face a public street or residential district. The planning commission can modify this requirement upon a determination that there is no reasonable alternative and the visual impact will be moderated through use of building materials, architectural features and landscaping beyond that required.
6.
Mechanical Features. Mechanical and service features on the building or roof such as gutters, ductwork, service doors, etc. that cannot be screened shall be of a color that blends in with the color of the building.
(Ord. 858 § 1, 2021; Ord. 870 § 1, 2022)
§ 18.50.010 Purposes.
The public zone is intended to be applied to publicly owned lands in order to guide the public development of these lands in an appropriate manner that is compatible with adjacent uses.
(Ord. 720 § 7[2.4.100], 2003)
§ 18.50.020 Allowed uses.
The publicly owned or operated land uses listed in Table 18.50.020 are allowed in the public zone, subject to the provisions of this chapter. Only land uses that are specifically listed in Table 18.50.020 and land uses that are approved as similar to those in Table 18.50.020 may be allowed.
Table 18.50.020 Land Uses and Building Types Allowed in the Public District | |
|---|---|
Allowed Uses | Conditional Uses |
The following uses are permitted in this district, subject to site plan review per PMC § 18.105.040. (a) Community center. (b) Library. (c) Museum. (d) Offices. (e) Park, including active recreation activities. (f) Performing arts center. (g) Police station. (h) Swimming pool. (i) Shops, motor pool, vehicular maintenance. (j) Water and wastewater treatment or collection facility. | The planning commission may grant a conditional use permit for the following uses: (a) Jail or correction facility. (b) Fire station. |
(Ord. 720 § 7[2.4.110], 2003)
§ 18.50.030 Site plan review.
Any allowed development proposal in this district shall be subject to site plan review in accordance with Chapter 18.110 PMC.
(Ord. 720 § 7[2.4.120], 2003)
§ 18.50.040 Property development standards.
A.
Minimum Lot Size and Dimensions. No minimum; provided, all applicable standards of this title are met.
B.
Minimum Setbacks. The minimum setback shall conform to that of the abutting property zone requirements. Where two or more different zones are applicable the most restrictive shall apply. There is no maximum setback.
C.
Lot Coverage. In the public zone, buildings may occupy 100 percent of the lot area; provided, all applicable standards of this title are met.
D.
Building Height. The maximum height shall conform to that of the abutting property zone requirements. Where two or more different zones are applicable the most restrictive shall apply. There shall be no windows or doors in walls facing a residential zone unless greater than 15 feet of separation is provided, except emergency exit doors.
E.
Building Orientation. Buildings in this district with public access shall have their primary entrance(s) oriented to (facing) the street. Where the site's frontage is adjacent to an existing or planned transit stop, the primary building entrance shall be oriented to that frontage to provide more direct access to transit. Where there are no existing or planned transit stops adjacent to the site, a building may have its entrance facing a side yard when a direct pedestrian walkway not exceeding 20 feet in length is provided between the building entrance and the street right-of-way.
F.
Access. Every newly created lot shall have a legal access. No street frontage shall be required by this or any other provision of this title.
G.
Exterior Lighting. Exterior lighting shall be located in such a manner as not to face directly, shine or reflect glare onto an adjacent street or property.
(Ord. 720 § 7[2.4.130], 2003; Ord. 832 § 7, 2018)
§ 18.57.010 Purpose.
The purpose of the climate friendly area (CFA) overlay district is to meet the requirements in OAR 660-012-0320 and to create an urban mixed-use area containing, or planned to contain, a mixture of higher-density housing, jobs, businesses, and services.
(Ord. 890 § 1 (Exh. A), 2024)
§ 18.57.020 Boundary.
The CFA boundary is defined on the map below. The CFA is required to be a minimum of 25 acres in size and have a minimum width of 750 feet.
 |
(Ord. 890 § 1 (Exh. A), 2024)
§ 18.57.030 Allowed use requirements.
A.
The CFA allows additional uses that may not be allowed within the underlying (base) zone and the following uses shall be allowed within the CFA. The permitted uses in the base zone are not otherwise impacted by the overlay.
C.
Multifamily housing located in the underlying C-1 zone shall include commercial use(s) on ground floor, with pedestrian entrance facing the street. Multifamily residential uses in the C-1 zone shall be allowed only when part of a mixed-use development (residential with commercial or public/institutional use). Both vertical mixed-use (housing above the ground floor), and horizontal mixed-use (housing on the ground floor) developments are allowed.
1.
As an exception to the above requirement, a multifamily building with residential use only on the ground floor is permitted; provided, that the residential units are subject to a recorded agreement that runs with the land and requires affordability for an established income level for a defined period of time.
(Ord. 890 § 1 (Exh. A), 2024)
§ 18.57.040 Building height.
A.
All buildings in the CFA shall comply with the following building height standards. The standards are intended to allow for development of appropriately scaled buildings with a storefront character.
B.
Minimum Height. The minimum height of a new building shall be 20 feet. Single-story buildings with flat roofs shall be designed to provide the scale of a two-story building with a minimum height of 20 feet and a parapet wall around the roof with a decorative cornice.
C.
Maximum Height. Buildings in the CFA shall be allowed up to 50 feet in height (four stories).
(Ord. 890 § 1 (Exh. A), 2024)
§ 18.57.050 Density.
A.
There is no maximum residential density standard. Density shall be controlled by the applicable lot coverage and building height standards.
B.
New development shall have a minimum 1.0 floor area ratio (FAR).
C.
Redevelopment that renovates and adds residential units within existing buildings, but that does not add residential units outside the existing exterior of the building, is not subject to the FAR requirements.
(Ord. 890 § 1 (Exh. A), 2024)
§ 18.57.060 Streetscape requirements.
CFAs are subject to the streetscape requirements in Chapter 18.125 PMC.
(Ord. 890 § 1 (Exh. A), 2024)
§ 18.57.070 Block layout.
This section is intended to promote the walkable, storefront character of the CFA by forming short blocks and orienting buildings close to streets. Placing buildings close to the street also slows traffic down and provides more "eyes on the street," increasing the safety of public places.
A.
Applicability. This section applies to new land divisions and all of the following types of development (i.e., subject to site design review):
1.
Three or more single-family attached houses on their own lots (i.e., townhomes subject to site design review);
2.
Multifamily housing;
3.
Public and institutional buildings, except that the standard shall not apply to buildings which are not subject to site design review or those that do not receive the public (e.g., buildings used solely to house mechanical equipment, and similar uses); and
4.
Commercial and mixed-use buildings subject to site design review.
Compliance with all of the provisions of subsection (B) of this section shall be required.
B.
Block Layout Standard. New land divisions and developments that are subject to site design review shall be configured to provide an alley or interior parking court. Pedestrian pathways (dedicated or easement) shall be provided from the street right-of-way to interior parking courts between buildings, as necessary, to ensure reasonably safe, direct, and convenient access to building entrances and off-street parking.
1.
For development sites less than five and one-half acres in size, the maximum block length permitted shall be 500 feet or less. Where block length exceeds 350 feet, a public pedestrian through-block easement shall be provided to facilitate safe and convenient pedestrian connectivity in the CFA. Substantial redevelopment of sites of two acres or more within an existing block that does not meet the standard shall provide a public pedestrian accessway allowing direct passage through the development site such that no pedestrian route will exceed 350 feet along any block face.
2.
For development sites of five and one-half acres or more, a maximum block length of 350 feet or less.
(Ord. 890 § 1 (Exh. A), 2024)
§ 18.57.080 Design standards.
Development in the CFA shall provide for a compact development pattern, easy ability to walk or use mobility devices, and allow direct access on the pedestrian, bicycle, and public transportation networks. Commercial or mixed-use site design land use regulations must meet the following requirements:
A.
Primary pedestrian entrances to buildings must be oriented to a public pedestrian facility and be accessible to people with mobility disabilities. An uninterrupted accessway, courtyard, plaza, or other pedestrian-oriented space must be provided between primary pedestrian entrances and the public pedestrian facility, except where the entrance opens directly to the pedestrian facility. All pedestrian entrances must be designed to be barrier-free.
B.
Motor vehicle parking, circulation, access, and loading may be located on site beside or behind buildings. Motor vehicle parking, circulation, access, and loading must not be located on site between buildings and public pedestrian facilities on or along the primary facing street. Bicycle parking may be permitted on the primary facing street.
C.
On-site accessways must be provided to directly connect key pedestrian entrances to public pedestrian facilities, to any on-site parking, and to adjacent properties, as applicable.
D.
Any pedestrian entrances facing an on-site parking lot must be secondary to primary pedestrian entrances as required in this section. Primary pedestrian entrances for uses open to the public must be open during business hours.
E.
A site of one-half acre or larger must be designed with a connected network of public pedestrian facilities to meet the requirements of this section.
F.
Development on sites adjacent to a transit stop or station on a priority transit corridor must be oriented to the transit stop or station. The site design must provide for pedestrian connectivity and amenities adjacent to the stop or station. If there is inadequate space in the existing right-of-way for transit infrastructure, then the infrastructure must be accommodated on site.
(Ord. 890 § 1 (Exh. A), 2024)
§ 18.57.090 Transportation review standards.
CFAs are subject to the transportation standards in OAR 660-012-0325.
(Ord. 890 § 1 (Exh. A), 2024)
§ 18.55.010 Purpose.
The flood hazard overlay and natural resources overlay zones are created to establish a process and standards that will protect the public health and safety in areas subject to periodic flooding and that contain natural resources. These zones will minimize the degradation and destruction of significant natural resources, and conserve wetland and riparian corridor resources and their functions and values. This title is intended to protect and enhance local water quality; to preserve fish and wildlife habitat; and to provide flood storage capacity, nutrient attenuation, and sediment trapping within the city of Philomath. Therefore, the city has chosen to restrict the filling, grading, excavation, or development of natural resource areas for their protection.
(Ord. 720 § 7[2.5.100], 2003)
§ 18.55.020 Natural resource overlay zone.
A.
Significant Wetlands. Significant wetland regulations contained in this chapter apply to those areas identified as significant wetlands on the city of Philomath local wetland inventory map and includes riparian corridors. Precise boundaries may vary from that shown on the local inventory maps. The city may require an on-site delineation or other DSL-approved documentation to indicate more accurate boundaries.
B.
Riparian Corridors. The riparian protection zone consists of two component areas: the area within the channel banks and the protective zone. The two components of the riparian protection zone are defined as:
1.
The area within the channel limits of a water area (from top of one bank to top of the opposite bank) identified in subsection (B) of this section. For a given stream, river, or channel the top of bank is the same as the "bankfull stage." The "bankfull stage" is defined as the stage or elevation at which water overflows the natural banks of streams or other waters of this state and begins to inundate the upland.
2.
The protection zone measured 50 feet horizontally upland from the top of bank along those sections of Newton Creek and Mary's River and designated as significant riparian corridors on the city of Philomath local riparian inventory map.
C.
Wildlife Habitat. Wildlife habitat under this chapter is defined as areas upon which wildlife depend in order to meet their requirements for food, water, shelter, and reproduction. The city has inventoried and determined significant wildlife habitat by following the safe harbor methodology. Public disclosure of certain threatened and endangered species inventory information may be limited through procedures to allow limited review by property owners and other specified parties. At a minimum, these inventories include:
D.
Unidentified Natural Resources. Newly identified natural resources, including wildlife and wildlife habitat sites, shall be addressed in the following manner:
1.
The site shall be inventoried, incorporating the use of experts, for specific location, quantity and quality. This inventory shall be done in a timely manner. Constraints on access to private lands, availability of qualified experts, and the difficulty of identifying the suspected natural resource at certain times of the year may require an extended time period for the study.
2.
Upon completion of the preliminary inventory, the city shall determine whether the identified resource is significant and adopt supporting findings. Significance will be determined on a case-by-case basis, according to whether the resource is on a federal, state, or local listing, and based on the uniqueness or scarcity of the resource locally. If necessary to protect the site, the city shall apply interim protection measures. The city shall then notify any interested parties of the decision and any interim protection measures to be undertaken.
3.
If a resource is determined significant, the city shall within one year initiate a Goal 5 Environmental, Social, Economic, and Energy (ESEE) conflict resolution analysis. The city will then release a draft working paper with recommendations that will be reviewed by the planning commission and city council.
4.
Staff will coordinate with affected property owners and interested parties throughout the process.
(Ord. 720 § 7[2.5.200], 2003)
§ 18.55.030 State and federal standards applicable.
A.
The provisions of the natural resources overlay zone do not exempt persons or property from state or federal laws that regulate protected land, water, wetlands, or habitat areas. In addition to the restrictions and requirements of this section, all proposed development activities wholly or partially within areas identified as wetlands are also subject to DSL standards and approval.
B.
The city shall provide notice to the Division of State Lands (DSL), the applicant, and the owner of record within five working days of the acceptance of any complete application for subdivisions, building permits for new structures, other development permits and approvals that allow physical alteration of land. This includes excavation and grading, permits for removal or fill or both, or development in floodplains and floodways. This provision does not apply if a permit from DSL has been issued for the proposed activity.
C.
No action can be taken on a proposed development until such notification is provided and the action approved by DSL or a response provided from DSL indicating no permit is required until specific proposals are submitted. City approval may be given if DSL fails to respond within 30 days of notice, subject to written notice being provided the applicant and owner of record that the proposed action may require state or federal permits.
(Ord. 720 § 7[2.5.201], 2003)
§ 18.55.040 Preexisting development.
Areas developed prior to adoption of this title are acknowledged as preexisting conditions and are allowed to be maintained in their status at the time of adoption of this title. For the purposes of this section, "development" means buildings and any other development requiring a building permit, or any alteration of the overlay zone by grading or construction of an impervious surface, including paved or gravel parking areas.
(Ord. 720 § 7[2.5.202], 2003)
§ 18.55.050 Procedures.
A.
The procedure for reviewing any development within the natural resources overlay zone is as follows:
1.
Any development or regulated vegetation removal proposal within the natural resources overlay zone shall be submitted to the planning official. Such development or vegetation removal shall be conducted in a fashion to require minimal exposure of soil during development and designed to mitigate runoff and limit impervious surfaces in or near riparian areas.
2.
Depending on the action requested, the planning official may provide an administrative decision on permitted uses, request additional documentation from a qualified expert, or forward the proposal to the planning commission for a decision.
3.
The applicant shall be responsible for the preparation of a quality map showing the precise location of the top-of-bank, 100-year flood elevation, wetland edge (if present), riparian setback, significant vegetation, site improvements or other relevant primary features. The specific features to be indicated on the map will differ according to application type; and therefore, the specific information to be provided by the applicant will be identified by the planning official.
4.
For any proposed development within 50 feet of identified significant wetlands, the applicant shall be required to have a wetland delineation conducted to determine the precise wetland boundary, and if applicable, the nature and extent of development impacts on adjacent wetlands. The more precise boundaries obtained through a wetland delineation can be identified, mapped, and used for review and development without a change in the comprehensive plan wetlands map. All developments proposed within or adjacent to a designated wetland area shall be subject to the provisions of this title and development plan reviews pursuant to this title or other applicable codes.
B.
At the time of application, the planning official may request that the applicant submit supplemental information, which may include the following:
1.
A grading plan that includes information on terrain, drainage, location of proposed and existing structures, and finished elevations.
2.
A vegetation report that consists of a survey by a qualified individual of existing native vegetation and proposed alterations. Where the removal of native vegetation is proposed, measures for revegetation and enhancement with native plant species will be included. The city shall have and maintain a list of native vegetation species.
(Ord. 720 § 7[2.5.203], 2003)
§ 18.55.060 Regulated uses.
The following uses are regulated within natural resource overlay areas identified as locally significant, as provided below.
Table 18.55.060 Land Uses and Activities Allowed in the NR Overlay District | ||
|---|---|---|
Allowed Uses | Conditional Uses | Prohibited Uses |
1) All uses permitted outright as provided for in the underlying zone. 2) Filling, grading, and/or excavating wetland areas consistent with state of Oregon removal-fill regulations. 3) Maintenance, repair, or replacement of existing public facilities. 4) Removal of vegetation or invasive plant species or planting or replanting with native plants outside a riparian corridor, except as provided for below. 5) Removal of vegetation from the riparian zone is prohibited, except for the following uses after planning official approval: (a) Non-native or native vegetation removal unless replaced with native riparian plant species. (b) Water-related or water-dependent uses; provided, they are designed and constructed to minimize impact on the existing riparian vegetation. (c) Emergent in-channel vegetation removal which has the potential to cause flooding. (d) Excess debris removal when deposited by a flood event. (e) Vegetation removal demonstrated to be a potential hazard to property or human life. (f) Hazardous tree removal that poses an obvious and immediate health, safety, or welfare threat to persons or property, except in emergency circumstances, is required to be reviewed by city staff. Any tree removed is required to be replaced by like native species equal in diameter to the removed tree, though not necessarily exceeding two inches in diameter at four feet above grade. Such trees shall be replaced as soon as practical, but in no case longer than 150 days after removal. | 1) All uses permitted conditionally as provided for in the underlying zone. 2) Nature interpretive centers and wetland research facilities, when specified in or consistent with adopted plans or policies. 3) Maintenance facilities for storage of equipment and materials used exclusively for maintenance of wetlands and other natural resources. 4) Trails, boardwalks, viewing platforms, information kiosks, and trail signs. 5) Realignments and reconfigurations of channels and pond banks, including the restoration and enhancement of natural functions and values which involve displacement, excavation or relocation of more than 50 cubic yards of earth and which carry out the objectives of this title. 6) Access road construction for maintenance of channels, wetlands and other natural resource areas. 7) Bikeways and other paved pathways. 8) Stormwater quality treatment facilities that use biofiltration methods. | 1) Removal or destruction of rare, threatened or endangered plant species or animal habitat of sensitive or threatened species as found on a list determined by the Oregon Natural Heritage Program and kept on file at Philomath City Hall. 2) Storage or use of chemical pesticides, fertilizers, or other hazardous or toxic materials not associated with an approved use. 3) Within riparian corridors, the placement of structures or impervious surfaces, including grading and the placement of fill is prohibited, except replacement of existing structures with structures located on the original building footprint that do not disturb additional riparian surface area. 4) Property line adjustments or land divisions, which would result in lots or parcels that cannot be developed in conformance with the underlying and natural resources overlay zone regulations. |
(g) In-channel erosion or flood control measures that have been approved by the Oregon Department of State Lands (DSL), the U.S. Army Corps of Engineers or other state or federal regulatory agency. (h) Routine maintenance of existing site improvements including lawns, natural and planted vegetation and landscaping, and structures. Maintenance trimming of existing trees shall be kept at a minimum and under no circumstances can the trimming maintenance be so severe as to compromise the tree's health, longevity, and resource functions. (i) Site management and maintenance practices, whose purpose is to maintain or improve natural functions and values or protect public health and safety, and which are consistent with adopted plans and policies including, but not limited to, perimeter mowing and other cutting necessary for hazard prevention. (j) Wetland and riparian corridor restoration and enhancement of natural functions and values which involve displacement, excavation or relocation of less than 50 cubic yards of earth, and which carry out the objectives of this title and are consistent with adopted policies and plans. (k) Water-related and water-dependent uses, including drainage facilities, water and sewer utilities, flood control projects, and drainage pumps. | ||
(Ord. 720 § 7[2.5.204], 2003; Ord. 734 § 1, 2005)
§ 18.55.070 Appeals.
Any decision by the planning official concerning the wetland protection requirements herein may be appealed to the planning commission and city council pursuant to this title governing appeals.
(Ord. 720 § 7[2.5.205], 2003)
§ 18.55.080 Variances.
The property owner may apply for a hardship variance for waiver of land development limitations found under this chapter for any lot or parcel existing at the time of this chapter and demonstrated to have been rendered not buildable by application of this chapter. A decision regarding hardship variances will follow the procedures and standards of Chapter 18.155 PMC, Variances.
The provisions of this section may be waived and no variance required in those instances where the Division of State Lands verifies claims of map error of a wetland area.
(Ord. 720 § 7[2.5.206], 2003)
§ 18.55.090 Restoration and enhancement exceptions.
Permanent alteration of the riparian area by placement of structures or impervious surfaces may be permitted upon demonstration that equal or better protection for the remaining on-site riparian protection overlay zone area will be ensured through restoration of riparian areas, enhanced buffer treatment or similar measures. In no case shall such alterations occupy more than 50 percent of the width of the riparian area measured from the upland edge of the corridor.
(Ord. 720 § 7[2.5.207], 2003)
§ 18.55.100 Flood hazard overlay (/FH).
Repealed by Ord. 771.
(Ord. 720 § 7[2.5.300], 2003; Ord. 734 § 1, 2005)
§ 18.55.110 Authorization, findings of fact, purpose and objectives.
A.
Authorization. The state of Oregon has delegated the responsibility to local governmental units to adopt floodplain management regulations designed to promote the public health, safety, and general welfare of its citizenry.
B.
Findings of Fact.
1.
The flood hazard areas of the city of Philomath are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
2.
These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss.
C.
Statement of Purpose. It is the purpose of this article to promote the public health, safety, and general welfare, and to minimize public and private losses due to flooding in flood hazard areas by provisions designed:
1.
To protect human life and health;
2.
To minimize expenditure of public money and costly flood control projects;
3.
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
4.
To minimize prolonged business interruptions;
5.
To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in flood hazard areas;
6.
To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize blight areas caused by flooding;
7.
To ensure that potential buyers are notified that property is in an area of special flood hazard;
8.
To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; and
9.
To participate in and maintain eligibility for flood insurance and disaster relief.
D.
Methods of Reducing Flood Losses. In order to accomplish its purposes, this article includes methods and provisions for:
1.
Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
2.
Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3.
Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
4.
Controlling filling, grading, dredging, and other development which may increase flood damage;
5.
Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or may increase flood hazards in other areas;
6.
Coordinating and supplementing the provisions of the State Building Code with local land use and development ordinances.
(Ord. 771 § 2, 2011; Ord. 869 § 1, 2022)
§ 18.55.120 Definitions.
Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.
means a request for a review of the interpretation of any provision of this article or a request for a variance.
means a designated zone AO, AH, AR/AO or AR/AH on a community's flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Also referred to as the sheet flow area.
means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. It is shown on the flood insurance rate map (FIRM) as zone A, AO, AH, A1 – 30, AE, A99, AR. "Special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard."
is the most recently published version of ASCE 24, Flood Resistant Design and Construction, published by the American Society of Civil Engineers.
means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "100-year flood." Designation on maps always includes the letter A or V.
means the elevation to which floodwater is anticipated to rise during the base flood.
means any area of the building having its floor subgrade (below ground level) on all sides.
means an enclosed area below the base flood elevation in which the interior grade is not more than two feet below the lowest adjacent exterior grade and the height, measured from the interior grade of the crawlspace to the top of the crawlspace foundation, does not exceed four feet at any point.
means property where structures, improvements or public infrastructure are subject to damage or physical deterioration due to flooding; property that is subject to water-based environmental contamination due to flooding; property that is abandoned or subject to high vacancy rates in structures due to flooding; or property that is subject to any or all of these conditions due to flooding.
means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.
See "Structure."
means the currently effective versions of the International Building Code and the International Residential Code adopted by the State of Oregon Building Code Council.
means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste.
means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.
means, for insurance purposes, a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
means an administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support a request for a letter of map amendment (LOMA) or letter of map revision based on fill (LOMR-F).
means a manufactured dwelling park or subdivision for which the construction of facilities for servicing the lots on which the manufactured dwelling homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations.
means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured dwellings are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
means:
A general and temporary condition of partial or complete inundation of normally dry land areas from:
The overflow of inland or tidal waters;
The unusual and rapid accumulation or runoff of surface waters from any source; and/or
Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (1)(a) of this definition.
means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as a flood insurance study (FIS).
means the official map of a community on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).
means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.
means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Floodproofed structures are those that have the structural integrity and design to be impervious to floodwater below the base flood elevation.
means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also referred to as "regulatory floodway."
means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.
means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this article (i.e., provided there are adequate flood ventilation openings).
means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured dwelling" does not include a "recreational vehicle."
means a parcel (or contiguous parcels) of land divided into two or more manufactured dwelling lots for rent or sale.
for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the city of Philomath and includes any subsequent improvements to such structures.
means a manufactured dwelling park or subdivision for which the construction of facilities for servicing the lots on which the manufactured dwellings are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations.
means a vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured dwelling on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
means the combined specialty codes.
means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured dwelling.
means damage of any origin sustained by a structure whereby the cost of restoring the structure to its original condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
Any project for improvement of a structure to correct previously identified existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions; or
Any alteration of a "historic structure"; provided, that the alteration will not preclude the structure's continued designation as a "historic structure."
means a grant of relief by the city of Philomath from the requirements of this article which permits construction in a manner that would otherwise be prohibited by this article.
means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this article is presumed to be in violation until such time as that documentation is provided.
means a structure for commerce or industry which cannot exist in any other location and is functionally dependent on the water by reason of the intrinsic nature of its operations.
means the height, in relation to the vertical datum utilized in the applicable flood insurance study, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
(Ord. 771 § 3, 2011; Ord. 869 § 1, 2022)
§ 18.55.130 General provisions.
A.
Lands to Which This Article Applies. This article shall apply to all areas of special flood hazards within the jurisdiction of the city of Philomath.
B.
Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for Benton County, Oregon and incorporated areas," dated June 2, 2011, with the accompanying flood insurance maps, are hereby adopted by reference and declared to be a part of this article. The flood insurance study is on file at Philomath City Hall. The best available information for flood hazard area identification as outlined in PMC § 18.55.140(C)(2) shall be the basis for regulation until a new FIRM is issued which incorporates the data utilized under PMC § 18.55.140(C)(2).
C. "Coordination with State of Oregon Specialty Codes"
means pursuant to the requirement established in ORS 455 that the city of Philomath administers and enforces the State of Oregon Specialty Codes, the city of Philomath does hereby acknowledge that the Oregon Specialty Codes contain certain provisions that apply to the design and construction of buildings and structures located in special flood hazard areas. Therefore, this article is intended to be administered and enforced in conjunction with the Oregon Specialty Codes.
D. "Compliance"
means all development within special flood hazard areas is subject to the terms of this article and other applicable regulations.
E.
Penalties for Noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this article and other applicable regulations. Violations of the provisions of this article by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city of Philomath from taking such other lawful action as is necessary to prevent or remedy any violation.
F.
Abrogation and Greater Restrictions. This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another ordinance, State Building Code, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
G.
Severability. If any section, clause, sentence, or phrase of this article is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this article.
H.
Interpretation. In the interpretation and application of this article, all provisions shall be:
I.
Warning and Disclaimer of Liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the city of Philomath, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder.
J. "Disclaimer of liability"
means this article shall not create liability on the part of the city of Philomath, any officer or employee thereof, or the Federal Insurance Administrator for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder.
(Ord. 771 § 4, 2011; Ord. 869 § 1, 2022)
§ 18.55.140 Administration.
A.
Establishment of Development Permit.
1.
Development Permit Required. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in PMC § 18.55.130(B). The permit shall be for all structures, including manufactured dwellings, as set forth in PMC § 18.55.120, and for all development including fill and other activities, also as set forth in PMC § 18.55.120.
2.
Application for Development Permit. Application for a development permit shall be made on forms furnished by the city of Philomath and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
3.
In riverine flood zones the following information is required:
a.
Proposed elevation (in relation to mean sea level) of the lowest floor (including basement) and all attendant utilities of all new and substantially improved structures in accordance with the requirements of subsection (C)(3) of this section;
b.
Proposed elevation (in relation to mean sea level) to which any nonresidential structure will be floodproofed;
c.
Certification by a registered professional engineer or architect licensed in the state of Oregon that the floodproofing methods proposed for any nonresidential structure meet the floodproofing criteria for nonresidential structures in PMC § 18.55.150(B)(2);
d.
Description of the extent to which any watercourse will be altered or relocated;
e.
Base flood elevation data for subdivision proposals or other development when required per PMC § 18.55.150(A)(6);
f.
Substantial improvement calculation for any improvement, addition, reconstruction, renovation, or rehabilitation of an existing structure; and
g.
The amount and location of any fill or excavation activities proposed.
B.
Designation of the Local Administrator. The city manager is hereby appointed to administer and implement this article by granting or denying development permit applications in accordance with its provisions.
C.
Duties and Responsibilities of the Local Administrator. Duties of the local administrator shall include, but not be limited to:
1.
Permit Review.
a.
Review all development permits to determine that the permit requirements and conditions of this article have been satisfied.
b.
Review all development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required.
c.
Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of PMC § 18.55.150(D)(1) are met.
d.
Review all development permits to determine if the proposed development is located in an area where base flood elevation (BFE) data is available either through the flood insurance study (FIS) or from another authoritative source.
e.
Provide to building officials the base flood elevation (BFE) plus the one-foot freeboard applicable to any building requiring a development permit.
f.
Review all development permit applications to determine if the proposed development qualifies as a substantial improvement as defined in PMC § 18.55.120.
g.
Review all development permits to determine if the proposed development activity is a watercourse alteration. If a watercourse alteration is proposed, ensure compliance with the provisions in subsection (C)(5) of this section.
h.
Review all development permits to determine if the proposed development activity includes the placement of fill or excavation.
2.
Use of Other Base Flood Data (In A Zones). When base flood elevation data has not been provided (A zones) in accordance with PMC § 18.55.130(B), Basis for Establishing the Areas of Special Flood Hazard, the local administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer PMC § 18.55.150(B), Specific Standards, and 18.55.150(D), Floodways.
3.
Information to Be Obtained and Maintained. The following information shall be obtained and maintained and shall be made available for public inspection as needed:
a.
Obtain, record, and maintain the actual elevation (in relation to mean sea level) of the lowest floor (including basements) and all attendant utilities of all new or substantially improved structures where base flood elevation (BFE) data is provided through the flood insurance study (FIS), flood insurance rate map (FIRM), or obtained in accordance with subsection (C)(2) of this section.
b.
Obtain and record the elevation (in relation to mean sea level) of the natural grade of the building site for a structure prior to the start of construction and the placement of any fill and ensure that the requirements of PMC § 18.55.150(D) and (G) are adhered to.
c.
Upon placement of the lowest floor of a structure (including basement) but prior to further vertical construction, obtain documentation, prepared and sealed by a professional licensed surveyor or engineer, certifying the elevation (in relation to mean sea level) of the lowest floor (including basement).
d.
Where base flood elevation data are utilized, obtain as-built certification of the elevation (in relation to mean sea level) of the lowest floor (including basement) prepared and sealed by a professional licensed surveyor or engineer, prior to the final inspection.
e.
Maintain all elevation certificates (EC) submitted to the city of Philomath.
f.
Obtain, record, and maintain the elevation (in relation to mean sea level) to which the structure and all attendant utilities were floodproofed for all new or substantially improved floodproofed structures where allowed under this article and where base flood elevation (BFE) data is provided through the FIS, FIRM, or obtained in accordance with subsection (C)(2) of this section.
g.
Maintain all floodproofing certificates required under this article.
h.
Record and maintain all variance actions, including justification for their issuance.
i.
Obtain and maintain all hydrologic and hydraulic analyses performed as required under PMC § 18.55.150(D).
j.
Record and maintain all substantial improvement and substantial damage calculations and determinations as required under subsection (C)(9) of this section.
k.
Maintain for public inspection all records pertaining to the provisions of this article.
4.
Community Boundary Alterations. The floodplain administrator shall notify the Federal Insurance Administrator in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed authority or no longer has authority to adopt and enforce floodplain management regulations for a particular area, to ensure that all flood hazard boundary maps (FHBM) and flood insurance rate maps (FIRM) accurately represent the community's boundaries. Include within such notification a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority.
5.
Alteration of Watercourses.
a.
Notify adjacent communities, the Department of Land Conservation and Development and other appropriate state and federal agencies prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
b.
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
6.
Interpretation of FIRM Boundaries. Make interpretations, where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection (D) of this section.
7.
Appeals of FIRM Boundaries. An appeal from a decision of the administrator regarding a FIRM boundary pursuant to subsection (C)(5) of this section shall be taken to the planning commission. An appeal from the decision of the planning commission regarding a FIRM boundary shall be taken to the city council. Appeals under this section shall be conducted according to the order of procedure set out for discretionary land use decisions. The burden of proof for such an appeal shall be on the applicant. The city manager shall report any such decision to the Federal Insurance Administration upon request.
8.
Requirement to Submit New Technical Data. A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Section 44 of the Code of Federal Regulations (CFR), Subsection 65.3. The community may require the applicant to submit such data and review fees required for compliance with this section through the applicable FEMA letter of map change (LOMC) process. The floodplain administrator shall require a conditional letter of map revision prior to the issuance of a floodplain development permit for:
a.
Proposed floodway encroachments that increase the base flood elevation; and
b.
Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway.
An applicant shall notify FEMA within six months of project completion when an applicant has obtained a conditional letter of map revision (CLOMR) from FEMA. This notification to FEMA shall be provided as a letter of map revision (LOMR).
9.
Substantial Improvement and Substantial Damage Assessments and Determinations. Conduct substantial improvement (SI) (as defined in PMC § 18.55.120) reviews for all structural development proposal applications and maintain a record of SI calculations within permit files in accordance with subsection (C)(3) of this section. Conduct substantial damage (SD) (as defined in PMC § 18.55.120) assessments when structures are damaged due to a natural hazard event or other causes. Make SD determinations whenever structures within the special flood hazard area (as established in PMC § 18.55.130(B)) are damaged to the extent that the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
D.
Variance Procedure.
1.
Appeal Board.
a.
The Philomath planning commission shall hear and decide appeals and requests for variances from the requirements of this article.
b.
The Philomath planning commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the city of Philomath in the enforcement or administration of this article.
c.
Those aggrieved by the decision of the Philomath planning commission, or any taxpayer, may appeal such decision to the city council.
d.
In passing upon such applications, the city shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article, and:
i.
The danger that materials may be swept onto other lands to the injury of others;
ii.
The danger to life and property due to flooding or erosion damage;
iii.
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
iv.
The importance of the services provided by the proposed facility to the community;
v.
The necessity to the facility of a waterfront location, where applicable;
vi.
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
vii.
The compatibility of the proposed use with existing and anticipated development;
viii.
The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
ix.
The safety of access to the property in times of flood for ordinary and emergency vehicles;
x.
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
xi.
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
e.
Upon consideration of the factors of subsection (D)(1)(d) of this section and the purposes of this article, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.
2.
Conditions for Variances. The city manager shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
a.
Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the items in subsections (D)(1)(d)(i) through (xi) of this section have been fully considered. As the lot size increases the technical justification required for issuing the variance increases.
b.
Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the Statewide Inventory of Historic Properties, without regard to the procedures set forth in this section.
c.
Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.
d.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
e.
Variances shall only be issued upon:
i.
A showing of good and sufficient cause;
ii.
A determination that failure to grant the variance would result in exceptional hardship to the applicant;
iii.
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in subsection (D)(1)(d) of this section, or conflict with existing local laws or ordinances.
f.
Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.
g.
Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection (D)(2)(a) of this section, and otherwise complies with PMC § 18.55.150(A)(1) and (A)(2).
h.
Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(Ord. 771 § 5, 2011; Ord. 869 § 1, 2022)
§ 18.55.150 Provisions for flood hazard reduction.
A.
General Standards. In all areas of special flood hazards, the following standards are required:
1.
Anchoring.
a.
All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
b.
All manufactured dwellings must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA's "Manufactured Dwelling Installation in Flood Hazard Areas" guidebook for additional techniques).
2.
AH Zone Drainage. Adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures.
3.
Construction Materials and Methods.
a.
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
b.
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
c.
Electrical, heating, ventilating, air-conditioning, plumbing, duct systems, and other equipment and service facilities shall be elevated at or above the base flood level or shall be designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during conditions of flooding. In addition, electrical, heating, ventilating, air-conditioning, plumbing, duct systems, and other equipment and service facilities shall:
4.
Tanks.
a.
Underground tanks shall be anchored to prevent flotation, collapse and lateral movement under conditions of the base flood.
b.
Above-ground tanks shall be installed at or above the base flood level or shall be anchored to prevent flotation, collapse, and lateral movement under conditions of the base flood.
5.
Utilities.
a.
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
b.
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and
c.
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding consistent with the Oregon Department of Environmental Quality.
6.
Subdivision Proposals.
a.
All subdivision proposals shall be consistent with the need to minimize flood damage;
b.
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage;
c.
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
d.
Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or five acres (whichever is less).
7.
Review of Building Permits. Where elevation data is not available either through the flood insurance study, FIRM, or from another authoritative source (PMC § 18.55.140(C)(2)), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate the lowest floor at least two feet above grade in these zones may result in higher insurance rates.
B.
Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided (zones A1 – 30, AH, and AE) as set forth in PMC § 18.55.130(B), Basis for Establishing the Areas of Special Flood Hazard, or 18.55.140(C)(2), Use of Other Base Flood Data (In A and V Zones), the following provisions are required:
1.
Residential Construction.
a.
New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to a minimum of one foot above the base flood elevation.
b.
Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
i.
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
ii.
The bottom of all openings shall be no higher than one foot above grade.
iii.
Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters.
2.
Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated at or above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:
a.
Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
b.
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
c.
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in PMC § 18.55.140(C)(3);
d.
Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (B)(1)(b) of this section; and
e.
Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building floodproofed to the base flood level will be rated as one foot below).
3.
Manufactured Dwellings.
a.
All manufactured dwellings to be placed or substantially improved on sites:
i.
Outside of a manufactured dwelling park or subdivision;
ii.
In a new manufactured dwelling park or subdivision;
iii.
In an expansion to an existing manufactured dwelling park or subdivision; or
iv.
In an existing manufactured dwelling park or subdivision on which a manufactured dwelling has incurred "substantial damage" as the result of a flood;
shall be elevated on a permanent foundation such that the finished floor of the manufactured dwelling is elevated to a minimum 18 inches (46 centimeters) above the base flood elevation and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement.
b.
Manufactured dwellings to be placed or substantially improved on sites in an existing manufactured dwelling park or subdivision within zones A1 – 30, AH, and AE on the community's FIRM that are not subject to the above manufactured dwelling provisions shall be elevated so that the finished floor of the manufactured dwelling is elevated to a minimum of 18 inches (46 centimeters) above the base flood elevation.
4.
Appurtenant (Accessory) Structures.
a.
Relief from elevation or floodproofing requirements for residential and nonresidential structures in riverine (noncoastal) flood zones may be granted for appurtenant structures that meet the following requirements:
i.
Appurtenant structures located partially or entirely within the floodway must comply with requirements for development within a floodway found in subsection (D) of this section.
ii.
Appurtenant structures must only be used for parking, access, and/or storage and shall not be used for human habitation.
iii.
In compliance with State of Oregon Specialty Codes, appurtenant structures on properties that are zoned residential are limited to one-story structures less than 200 square feet, or 400 square feet if the property is greater than two acres in area and the proposed appurtenant structure will be located a minimum of 20 feet from all property lines. Appurtenant structures on properties that are zoned as nonresidential are limited in size to 120 square feet.
iv.
The portions of the appurtenant structure located below the base flood elevation must be built using flood resistant materials.
v.
The appurtenant structure must be adequately anchored to prevent flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood.
vi.
The appurtenant structure must be designed and constructed to equalize hydrostatic flood forces on exterior walls and comply with the requirements for flood openings in subsection (B)(6) of this section.
vii.
Appurtenant structures shall be located and constructed to have low damage potential.
viii.
Appurtenant structures shall not be used to store toxic material, oil, or gasoline, or any priority persistent pollutant identified by the Oregon Department of Environmental Quality unless confined in a tank installed in compliance with subsection (A)(4) of this section.
ix.
Appurtenant structures shall be constructed with electrical, mechanical, and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood.
5.
Recreational Vehicles. Recreational vehicles placed on sites are required to either:
a.
Be on the site for fewer than 180 consecutive days;
b.
Be fully licensed and ready for highway use, on its wheels or jacking system, be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or
c.
Meet the requirements of subsection (B)(3) of this section and the elevation and anchoring requirements for manufactured dwellings.
6.
Below-Grade Crawlspaces. Below-grade crawlspaces are allowed subject to the following standards as found in FEMA Technical Bulletin 11-01, Crawlspace Construction for Buildings Located in Special Flood Hazard Areas:
a.
The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Hydrostatic loads and the effects of buoyancy can usually be addressed through the required openings stated in subsection (B)(6)(b) of this section. Because of hydrodynamic loads, crawlspace construction is not allowed in areas with flood velocities greater than five feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer. Other types of foundations are recommended for these areas.
b.
The crawlspace is an enclosed area below the base flood elevation (BFE) and, as such, must have openings that equalize hydrostatic pressures by allowing the automatic entry and exit of floodwaters. The bottom of each flood vent opening can be no more than one foot above the lowest adjacent exterior grade.
c.
Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawlspace used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE. The recommended construction practice is to elevate the bottom of joists and all insulation above BFE.
d.
Any building utility systems within the crawlspace must be elevated above BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. Ductwork, in particular, must either be placed above the BFE or sealed from floodwaters.
e.
The interior grade of a crawlspace below the BFE must not be more than two feet below the lowest adjacent exterior grade.
f.
The height of the below-grade crawlspace, measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall, must not exceed four feet at any point. The height limitation is the maximum allowable unsupported wall height according to the engineering analyses and building code requirements for flood hazard areas.
g.
There must be an adequate drainage system that removes floodwaters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event. The type of drainage system will vary because of the site gradient and other drainage characteristics, such as soil types. Possible options include natural drainage through porous, well drained soils and drainage systems such as perforated pipes, drainage tiles or gravel or crushed stone drainage by gravity or mechanical means.
h.
The velocity of floodwaters at the site should not exceed five feet per second for any crawlspace. For velocities in excess of five feet per second, other foundation types should be used.
For more detailed information refer to FEMA Technical Bulletin 11-01.
C.
Before Regulatory Floodway. In areas where a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within zones A1 – 30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
D.
Floodways. Located within areas of special flood hazard established in subsection (B) of this section are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
1.
Except as provided in subsection (D)(3) of this section, prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional civil engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
2.
If subsection (D)(1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section.
3.
Projects for stream habitat restoration may be permitted in the floodway, provided:
4.
New installation of manufactured dwellings is prohibited (2002 Oregon Manufactured Dwelling and Park Specialty Code). Manufactured dwellings may only be located in floodways according to one of the following conditions:
a.
If the manufactured dwelling already exists in the floodway, the placement was permitted at the time of the original installation, and the continued use is not a threat to life, health, property, or the general welfare of the public; or
b.
A new manufactured dwelling is replacing an existing manufactured dwelling whose original placement was permitted at the time of installation and the replacement dwelling will not be a threat to life, health, property, or the general welfare of the public and it meets the following criteria:
i.
As required by 44 CFR Chapter 1, Subpart 60.3(d)(3), it must be demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the manufactured dwelling and any accessory buildings, accessory structures, or any property improvements (encroachments) will not result in any increase in flood levels during the occurrence of the base flood discharge;
ii.
The replacement manufactured dwelling and any accessory buildings or accessory structures (encroachments) shall have the finished floor elevated a minimum of 18 inches (46 centimeters) above the BFE as identified on the flood insurance rate map;
iii.
The replacement manufactured dwelling is placed and secured to a foundation support system designed by an Oregon professional engineer or architect and approved by the authority having jurisdiction;
iv.
The replacement manufactured dwelling, its foundation supports, and any accessory buildings, accessory structures, or property improvements (encroachments) do not displace water to the degree that it causes a rise in the water level or diverts water in a manner that causes erosion or damage to other properties;
v.
The location of a replacement manufactured dwelling is allowed by the local planning department's ordinances; and
vi.
Any other requirements deemed necessary by the authority having jurisdiction.
E.
Critical Facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA) (100-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above BFE or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible.
F.
Standards for Shallow Flooding Areas. Shallow flooding areas appear on FIRMs as AO zones with depth designations or as AH zones with Base Flood Elevations. For AO zones the base flood depths range from one to three feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. For both AO and AH zones, adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures.
G.
Standards for AO Zones. In AO zones, the following provisions apply in addition to the requirements in subsections (A) and (D)(3) of this section:
1.
New construction and substantial improvement of residential structures and manufactured dwellings within AO zones shall have the lowest floor, including basement, elevated above the highest grade adjacent to the building, at minimum to or above the depth number specified on the flood insurance rate maps (FIRM) (one foot if no depth number is specified). For manufactured dwellings the lowest floor is considered to be the bottom of the longitudinal chassis frame beam.
2.
New construction and substantial improvements of nonresidential structures within AO zones shall either:
a.
Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, at minimum to or above the depth number specified on the flood insurance rate maps (FIRMS) (one foot if no depth number is specified); or
b.
Together with attendant utility and sanitary facilities, be completely floodproofed to or above the depth number specified on the FIRM, one foot or a minimum of two feet above the highest adjacent grade if no depth number is specified, so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as stated in subsection (B)(4) of this section.
3.
In AO zones, new and substantially improved appurtenant structures must comply with the standards in subsection (B)(6) of this section.
4.
In AO zones, enclosed areas beneath elevated structures shall comply with the requirements in subsection (B)(6)(b) of this section.
(Ord. 771 § 6, 2011; Ord. 869 § 1, 2022)