Philomath City Zoning Code
Division 3
DESIGN STANDARDS
§ 18.60.010 Applicability.
All developments within the city must comply with the provisions of Chapters 18.60 through 18.90 PMC. Some developments, such as major projects requiring land division and/or site design review approval, may require detailed findings demonstrating compliance with each chapter of the code. For smaller, less complex projects, fewer code provisions may apply.
(Ord. 720 § 7[3.0.1], 2003; Ord. 734 § 1, 2005)
§ 18.60.020 Types of design standards.
The city's development design standards are contained in both Division 2 and Division 3. It is important to review both divisions, and all relevant code sections within the divisions, to determine which standards apply. The city may prepare checklists to assist property owners and applicants in determining which sections apply.
A.
The following design standards apply throughout the city for all land use types:
Chapter 18.65 PMC, Access and Circulation.
Chapter 18.70 PMC, Landscaping.
Chapter 18.72 PMC, Fences, Hedges and Walls.
Chapter 18.75 PMC, Automobile and Bicycle Parking.
Chapter 18.80 PMC, Public Facilities Standards.
Chapter 18.85 PMC, Hillside and Erosion Control Overlay.
Chapter 18.90 PMC, Other Design Standards.
B.
Each land use district (Division 2) provides design standards that are specifically tailored to the district. For example, the residential district contains building design guidelines that are different than those provided in the commercial district, due to differences in land use, building types, and compatibility issues. In addition, each district provides special standards that are meant to address the impacts or characteristics of certain land uses.
(Ord. 720 § 7[3.0.2], 2003)
§ 18.65.010 Purpose.
The purpose of this chapter is to ensure that developments provide safe and efficient access and circulation for pedestrians and vehicles. PMC § 18.65.020 provides standards for vehicular access and circulation. PMC § 18.65.030 provides standards for pedestrian access and circulation. Standards for transportation improvements are provided in PMC § 18.80.020.
(Ord. 720 § 7[3.1.1], 2003)
§ 18.65.020 Vehicular access and circulation.
A.
Intent and Purpose. The intent of this section is to manage vehicle access to development through a connected street system, while preserving the flow of traffic in terms of safety, roadway capacity, and efficiency. Access shall be managed to maintain an adequate level of service and to maintain the functional classification of roadways as required by the city's transportation system plan. Major roadways, including highways, arterials, and collectors, serve as the primary system for moving people and goods. Access management is a primary concern on these roads. Local streets and alleys provide access to individual properties. If vehicular access and circulation are not properly designed, these roadways will be unable to accommodate the needs of development and serve their transportation function. This section attempts to balance the right of reasonable access to private property with the right of the citizens of the city and the state of Oregon to safe and efficient travel. It also requires all developments to construct planned streets (arterials and collectors) and to extend local streets.
To achieve this policy intent, state and local roadways have been categorized in the comprehensive plan by function and classified for access purposes based upon their level of importance and function. (See PMC § 18.80.020.) Regulations have been applied to these roadways for the purpose of reducing traffic accidents, personal injury, and property damage attributable to access systems, and to thereby improve the safety and operation of the roadway network. This will protect the substantial public investment in the existing transportation system and reduce the need for expensive remedial measures. These regulations also further the orderly layout and use of land, protect community character, and conserve natural resources by promoting well-designed road and access systems and discouraging the unplanned subdivision of land.
B.
Applicability. This chapter shall apply to all public streets within the city and to all properties that abut these streets.
C.
Access Permit Required. Access to a public street requires an access permit in accordance with the following procedures:
1.
Permits for access to city streets shall be subject to review and approval by the public works director based on the standards contained in this chapter, and the provisions of PMC § 18.80.020, Transportation improvements. An access permit may be in the form of a letter to the applicant, or it may be attached to a land use decision notice as a condition of approval.
2.
Permits for access to state highways shall be subject to review and approval by Oregon Department of Transportation (ODOT), except when ODOT has delegated this responsibility to the city. In that case, the city shall determine whether access is granted based on its adopted standards.
3.
Permits for access to county roads shall be subject to review and approval by Benton County, except where the county has delegated this responsibility to the city, in which case the city shall determine whether access is granted based on adopted county standards.
D.
Traffic Impact Study Requirements. The city or other agency with access jurisdiction may require a traffic impact study prepared by a qualified professional to determine access, circulation and other transportation requirements. (See also PMC § 18.80.020, Transportation improvements, including traffic impact study requirements in PMC § 18.80.020(V).)
E.
Conditions of Approval. The city or other agency with access permit jurisdiction may require the closing or consolidation of existing curb cuts or other vehicle access points, recording of reciprocal access easements (i.e., for shared driveways), development of a frontage street, installation of traffic control devices, and/or other mitigation as a condition of granting an access permit, to ensure the safe and efficient operation of the street and highway system. Access to and from off-street parking areas shall not permit backing onto a public street, excepting for single-family or duplex residential uses.
F.
Access Options. When vehicle access is required for development (i.e., for off-street parking, delivery, service, drive-through facilities, etc.), access shall be provided by one of the following methods (a minimum of 10 feet per lane is required). These methods are "options" to the developer/subdivider, unless one method is specifically required by Division 2 (i.e., under Special Standards for Certain Uses).
1.
Option 1. Access is from an existing or proposed alley or mid-block lane. If a property has access to an alley or lane, direct access to a public street is not permitted.
2.
Option 2. Access is from a private street or driveway connected to an adjoining property that has direct access to a public street (i.e., "shared driveway"). A public access easement covering the driveway shall be recorded in this case to assure access to the closest public street for all users of the private street/drive.
3.
Option 3. Access is from a public street adjacent to the development parcel. If practicable, the owner/developer may be required to close or consolidate an existing access point as a condition of approving a new access. Street accesses shall comply with the access spacing standards in subsection (G) of this section.
4.
Subdivisions Fronting Onto an Arterial Street. New residential land divisions fronting onto an arterial street shall be required to provide alleys or secondary (local or collector) streets for access to individual lots. When alleys or secondary streets cannot be constructed due to topographic or other physical constraints, access may be provided by consolidating driveways for clusters of two or more lots (e.g., includes flag lots and mid-block lanes).
5.
Double-Frontage Lots. When a lot has frontage onto two or more streets, access shall be provided first from the street with the lowest classification. For example, access shall be provided from a local street before a collector or arterial street. Except for corner lots, the creation of new double-frontage lots shall be prohibited in the residential district, unless topographic or physical constraints require the formation of such lots. When double-frontage lots are permitted in the residential district, a landscape buffer with trees and/or shrubs and ground cover not less than 10 feet wide shall be provided between the backyard fence/wall and the sidewalk or street; maintenance shall be assured by the owner (i.e., through homeowner's association, etc.).
6.
Important Cross-References to Other Code Sections. Divisions 2 and 3 may require buildings placed at or near the front property line and driveways and parking areas to be oriented to the side or rear yard. The city may require the dedication of public right-of-way and construction of a street (e.g., frontage road, alley or other street) when the development impact is proportionate to the need for such a street and the street is identified by the comprehensive plan or an adopted local streets plan. (Please refer to PMC § 18.80.020, Transportation improvements.)
G.
Access Spacing. Driveway accesses shall be separated from street intersections in accordance with the following standards and procedures:
1.
Local Streets. A minimum of 15 feet separation as measured from the sides of the driveway to a parallel street shall be required, except as provided in subsection (G)(3) of this section.
2.
Arterial and Collector Streets. Access spacing on collector and arterial streets and at controlled intersections (i.e., with four-way stop sign or traffic signal) shall be determined based on the policies and standards contained in the city's transportation system plan or Manual for Uniform Traffic Control Devices. Access to Highway 20/34 shall be subject to the applicable standards and policies contained in the ODOT Highway Corridor Plan.
3.
Special Provisions for All Streets. Direct street access may be restricted for some land uses, in conformance with the provisions of Division 2, Land Use Districts. For example, access consolidation, shared access, and/or access separation greater than that specified by subsections (G)(1) and (G)(2) of this section, may be required by the city, county or ODOT for the purpose of protecting the function, safety and operation of the street for all users. (See subsection (I) of this section.) Where no other alternatives exist, the permitting agency may allow construction of an access connection along the property line farthest from an intersection. In such cases, directional connections (i.e., right in/out, right in only, or right out only) may be required.
H.
Number of Access Points. For single-family dwellings, one street access point is permitted per lot, when alley access cannot otherwise be provided. Two access points may be permitted for duplex or multifamily housing (i.e., no more than one access per street), subject to the access spacing standards in subsection (G) of this section. The number of street access points for multiple family, commercial, industrial, and public/institutional developments shall be minimized to protect the function, safety and operation of the street(s) and sidewalk(s) for all users. Shared access may be required, in conformance with subsection (I) of this section, in order to maintain the required access spacing and minimize the number of access points.
I.
Shared Driveways. The number of driveway and private street intersections with public streets shall be minimized by the use of shared driveways with adjoining lots where feasible. The city shall require shared driveways as a condition of land division or site design review, as applicable, for traffic safety and access management purposes in accordance with the following standards:
1.
Shared driveways and frontage streets may be required to consolidate access onto a collector or arterial street. When shared driveways or frontage streets are required, they shall be stubbed to adjacent developable parcels to indicate future extension. "Stub" means that a driveway or street temporarily ends at the property line, but may be extended in the future as the adjacent parcel develops. "Developable" means that a parcel is either vacant or it is likely to receive additional development (i.e., due to infill or redevelopment potential).
3.
Exception. Shared driveways are not required when existing development patterns or physical constraints (e.g., topography, parcel configuration, and similar conditions) prevent extending the street/driveway in the future.
J.
Street Connectivity and Formation of Blocks Required. In order to promote efficient vehicular and pedestrian circulation throughout the city, land divisions and large site developments shall produce complete blocks bounded by a connecting network of public and/or private streets, bicycle or pedestrian pathways, in accordance with the following standards:
1.
Block Length and Perimeter. The maximum block length and perimeter shall not exceed:
3.
Exception. Exceptions to the above standards may be granted when blocks are divided by one or more pathway(s), in conformance with the provisions of PMC § 18.65.030(A). Pathways shall be located to minimize out-of-direction travel by pedestrians and may be designed to accommodate bicycles.
K.
Repealed by Ord. 778.
L.
Fire Access and Parking Area Turnarounds. A fire equipment access drive that conforms to the local requirements shall be provided for any portion of an exterior wall of the first story of a building that is located more than 150 feet from an existing public street or approved fire equipment access drive. Parking areas shall provide adequate aisles or turnaround areas for service and delivery vehicles so that all vehicles may enter the street in a forward manner. For requirements related to cul-de-sacs, please refer to PMC § 18.80.020(J).
M.
Vertical Clearances. Driveways, private streets, aisles, turnaround areas and ramps shall have a minimum vertical clearance of 13 feet, six inches for their entire length and width.
N.
Vision Clearance. No signs, structures or vegetation in excess of three feet in height shall be placed in "vision clearance areas." The minimum vision clearance area may be increased by the city manager upon finding that more sight distance is required (i.e., due to traffic speeds, roadway alignment, etc.).
(Ord. 720 § 7[3.1.2], 2003; Ord. 734 § 1, 2005; Ord. 778 § 3, 2011; Ord. 832 §§ 8, 9, 2018)
§ 18.65.030 Pedestrian and bicycle access and circulation.
A.
Pedestrian and Bicycle Access and Circulation. To ensure safe, direct and convenient pedestrian and bicycle circulation, all developments, except single-family detached housing (i.e., on individual lots), shall provide a continuous pedestrian and/or multi-use pathway system. (Pathways only provide for pedestrian circulation. Multi-use pathways accommodate pedestrians and bicycles.)
1.
Continuous Pathways. The pathway system shall extend throughout the development site and connect to all future phases of development, adjacent trails, public parks and open space areas whenever possible. The developer may also be required to connect or stub pathway(s) to adjacent streets and private property, in accordance with the provisions of PMC § 18.65.020, Vehicular access and circulation, and PMC § 18.80.020, Transportation improvements.
2.
Safe, Direct, and Convenient Pathways. Pathways within developments shall provide safe, reasonably direct and convenient connections between primary building entrances and all adjacent streets, based on the following definitions:
a.
Reasonably Direct. A route that does not deviate unnecessarily from a straight line or a route that does not involve a significant amount of out-of-direction travel for likely users.
b.
Safe and Convenient. Bicycle and pedestrian routes that are reasonably free from hazards and provide a reasonably direct route of travel between destinations.
c.
For commercial, industrial, mixed-use, public, and institutional buildings, the "primary entrance" is the main public entrance to the building. In the case where no public entrance exists, street connections shall be provided to the main employee entrance.
d.
For residential buildings the "primary entrance" is the front door (i.e., facing the street). For multifamily buildings in which each unit does not have its own exterior entrance, the "primary entrance" may be a lobby, courtyard or breezeway which serves as a common entrance for more than one dwelling.
3.
Connections within Development. For all developments subject to site design review, pathways shall connect all building entrances to one another. In addition, pathways shall connect all parking areas, storage areas, recreational facilities and common areas, and adjacent developments to the site, as applicable. Dedications also may be required in order to allow existing facilities to be improved to city standards in the future or to otherwise provide for the construction of pedestrian and bicycle improvements identified in adopted plans.
4.
Connections from Development. Off-site pedestrian and bicycle facilities that provide connections from the proposed development may be required consistent with findings from a traffic impact study. See PMC § 18.80.020(V) for traffic impact study requirements.
5.
Street Connectivity. Pathways (for pedestrians and bicycles) shall be provided at or near mid-block where the block length exceeds the length required by PMC § 18.65.020. Pathways shall also be provided where cul-de-sacs or dead-end streets are planned to connect the ends of the streets together, to other streets, and/or to other developments, as applicable. Pathways used to comply with these standards shall conform to all of the following criteria:
a.
Multi-use pathways (i.e., for pedestrians and bicyclists) are no less than 10 feet wide and located within a public right-of-way or easement that allows access for emergency vehicles;
b.
If the streets within the subdivision or neighborhood are lighted, the pathways shall also be lighted;
c.
Stairs or switchback paths using a narrower right-of-way/easement may be required in lieu of a multi-use pathway where grades are steep;
d.
The city may require landscaping within the pathway easement/right-of-way for screening and the privacy of adjoining properties; and
e.
The hearings body or planning official may determine, based upon facts in the record, that a pathway is unnecessary given the proximity of other pathways or access route. The pathway may prove impracticable due to: physical or topographic conditions on adjacent properties that physically prevent a connection now or in the future, considering the potential for redevelopment; recorded leases, easements, covenants, restrictions, or other agreements recorded as of the effective date of this title that prohibit the pathway connection.
B.
Design and Construction. Pathways shall conform to all of the standards in subsections (B)(1) through (B)(5) of this section:
1.
Vehicle/Pathway Separation. Where pathways are parallel and adjacent to a driveway or street (public or private), they shall be raised six inches and curbed, or separated from the driveway/street by a five-foot minimum strip with bollards, a landscape berm, or other physical barrier. If a raised path is used, the ends of the raised portions must be equipped with curb ramps.
2.
Housing/Pathway Separation. Pedestrian pathways shall be separated a minimum of five feet from all residential living areas on the ground floor, except at building entrances. Separation is measured from the pathway edge to the closest dwelling unit. The separation area shall be landscaped in conformance with the provisions of Chapter 18.75 PMC. No pathway/building separation is required for commercial, industrial, public, or institutional uses.
3.
Crosswalks. Where pathways cross a parking area, driveway, or street ("crosswalk"), they shall be clearly marked with contrasting paving materials, humps/raised crossings, or painted striping. An example of contrasting paving material is the use of a concrete crosswalk through an asphalt driveway. If painted striping is used, it shall consist of thermoplastic striping or similar type of durable application.
4.
Pathway Surface. Pathway surfaces shall be concrete, asphalt, brick/masonry pavers, or other durable surface, at least six feet wide, and shall conform to ADA requirements. Multi-use paths (i.e., for bicycles and pedestrians) shall be the same materials, at least 10 feet wide. (See also PMC § 18.80.020.)
5.
Accessible Routes. Pathways shall comply with the Americans with Disabilities Act, which requires accessible routes of travel.
(Ord. 720 § 7[3.1.3], 2003; Ord. 737 § 1, 2006; Ord. 832 §§ 10, 11, 2018)
§ 18.70.010 Purpose.
The purpose of this chapter is to promote community health, safety and welfare by protecting natural vegetation, setting development standards for new landscaping and street trees, maintaining the urban canopy through a tree removal system and laying out a process for handling nuisance trees and vegetation. Together, these elements of the natural and built environment contribute to the visual quality, environmental health and character of the community. Trees provide climate control through shading during summer months and wind screening during winter. Trees and other plants can also buffer pedestrians from traffic. Walls, fences, trees and other landscape materials also provide vital screening and buffering between land uses. Landscaped areas help to control surface water drainage and can improve water quality, as compared to paved or built surfaces.
(Ord. 720 § 7[3.2.1], 2003; Ord. 734 § 1, 2005; Ord. 779 § 2, 2012; Ord. 841 § 8, 2020)
§ 18.70.020 Landscape conservation.
A.
Applicability. All new developments or existing sites being redeveloped that require a site development review for land two acres or larger, containing significant vegetation, as defined in subsection (B) of this section, shall comply with the standards of this section. The purpose of this section is to incorporate significant native vegetation into the landscapes of development and protect significant vegetation that is subject to requirements for sensitive lands (Chapter 18.55 PMC). The use of mature, native vegetation within developments is a preferred alternative to removal of vegetation and replanting. Mature landscaping provides summer shade and wind breaks and allows for water conservation due to larger plants having established root systems.
B.
Significant Vegetation. "Significant vegetation" means:
1.
Significant Trees and Shrubs. Individual trees and shrubs with a trunk diameter of 12 inches or greater, as measured four feet above the ground (DBH), and all plants within the drip-line of such trees and shrubs, shall be deemed significant. Other trees may be deemed significant when nominated by the property owner and designated by the planning commission as heritage trees (i.e., by virtue of size, site, rarity, historical significance, etc.).
3.
Exception. Protection shall not be required for plants listed as nonnative, invasive plants by the Oregon State University Extension Service in the applicable OSU bulletins for Benton County.
C.
Mapping and Protection Required. Significant vegetation shall be mapped as required by Chapter 18.110 PMC, Development Review and Site Design Review, and Chapter 18.55 PMC, Overlay Districts. Significant trees shall be mapped individually and identified by species and size (diameter at four feet above grade, or DBH). A protection area shall be defined around the edge of all branches (drip-line) of each tree (drip-lines may overlap between trees). The city also will require an inventory, survey, or assessment prepared by a qualified professional when the city deems it necessary to determine vegetation boundaries, building setbacks, and other protection or mitigation requirements.
D.
Protection Standards. All of the following protection standards shall apply to significant vegetation areas:
1.
Protection of Significant Trees (subsection (B)(1) of this section). Significant trees identified as meeting the criteria in subsection (B)(1) of this section shall be retained unless it prevents development of public streets, utilities, or land uses permitted by the applicable land use district. Developer shall pay for removal of significant trees, in an amount set by city council by resolution.
2.
Sensitive Lands (subsection (B)(2) of this section). Sensitive lands shall be protected in conformance with the provisions of Chapter 18.55 PMC.
3.
Conservation Easements and Dedications. To satisfy these protection standards or as otherwise may be in the best interest of the city, the city may negotiate an applicant's proposed recordation of a conservation easement or dedication of land to protect sensitive lands, including groves of significant trees.
E.
Construction. All areas of significant vegetation shall be protected prior to, during, and after construction. Grading and operation of vehicles and heavy equipment is prohibited within significant vegetation areas, except as approved by the city for installation of utilities or streets. Such approval shall only be granted after finding that there is no alternative to avoid the protected area, and any required mitigation is provided in conformance with Chapter 18.55 PMC, Overlay Districts.
F.
Exemptions. The protection standards in subsection (D) of this section shall not apply in the following situations:
1.
Dead, Diseased, and/or Hazardous Vegetation. Vegetation that is dead or diseased, or poses a hazard to personal safety, property or the health of other trees, may be removed. Prior to tree removal, the applicant shall provide a report from a certified arborist or other qualified professional to determine whether the subject tree is diseased or poses a hazard, and any possible treatment to avoid removal, except as provided by subsection (F)(2) of this section.
2.
Emergencies. Actions made necessary by an emergency, such as tornado, windstorm, flood, freeze, utility damage or other like disasters, in order to prevent imminent injury or damage to persons or property or to restore order where it is impracticable to apply for a permit due to the circumstances created by the emergency.
3.
Agriculture, Commercial Tree Farm or Orchard. Tree removal or transplanting that occurs during use of land for commercial agriculture, orchard(s), or tree farm(s) for nursery or Christmas tree production.
4.
Tree removal by the city or a utility within easements, rights-of-way, or on public lands.
(Ord. 720 § 7[3.2.2], 2003; Ord. 734 § 1, 2005; Ord. 799 § 12, 2015; Ord. 841 §§ 9, 10, 2020; Ord. 857B § 2, 2021)
§ 18.70.030 New landscaping.
A.
Applicability. This section shall apply to all developments requiring site design review and to other developments that require landscaping pursuant to this code.
B.
Landscaping Plan Required. A landscape plan is required. All landscape plans shall conform to the requirements in PMC § 18.110.050(B)(4), Landscape Plan.
C.
Landscape Area Standards. The minimum percentage of required landscaping equals:
1.
Residential districts:
2.
Commercial districts: 20 percent of the property being developed, excluding parcels in C-1 (downtown commercial).
3.
Industrial districts: A minimum of 20 percent of the site shall be landscaped.
4.
Public and other districts: 70 percent of setback adjacent to public street.
D.
Landscape Materials. Landscape materials include trees, shrubs, ground cover plants, nonplant ground covers, and outdoor hardscape features, as described below:
1.
Vegetation. Living vegetation shall be preserved or planted as part of the landscaping requirements.
2.
Plant Selection. A combination of deciduous and evergreen trees, shrubs and ground covers shall be used for all planted areas. Soils shall be amended to support healthy plant growth.
3.
Nonnative, invasive plants, as per PMC § 18.70.020(B), are prohibited.
4.
Hardscape features (i.e., patios, decks, plazas) may cover up to 60 percent of the required landscape area, except in the central and general commercial and all industrial districts, where hardscape features may cover up to 80 percent of the landscape area. Swimming pools, sports courts and similar active recreation facilities may not be counted toward fulfilling the landscape requirement.
5.
Nonplant Ground Covers. Bark dust, chips, aggregate or other nonplant ground covers may be used, but shall cover no more than 50 percent of the area to be landscaped. Ground cover plants located in the nonplant ground covers shall be sized and spaced so that they grow together to cover 80 percent of the underlying soil within four years. Coverage is measured based on the size of plants at maturity or after four years of growth, whichever comes sooner.
6.
Tree Size. Trees shall have a minimum caliper size of two and one-half inches or greater, or be eight feet or taller, at time of planting.
7.
Shrub Size. Shrubs shall be planted from one gallon containers or larger.
8.
Significant Vegetation. Significant vegetation preserved in accordance with PMC § 18.70.020 may be credited toward meeting the minimum landscape area standards. Credit shall be granted on a per-square-foot basis. The street tree standards of PMC § 18.70.040 may be waived when an applicant demonstrates that trees preserved within the front yard provide the same shading and visual canopy as would otherwise be provided by street trees.
9.
Stormwater Facilities. Stormwater facilities (e.g., detention/retention ponds and swales) shall be landscaped with water tolerant, native plants.
(Ord. 720 § 7[3.2.3], 2003; Ord. 857B § 3, 2021)
§ 18.70.032 Commercial and industrial landscaping standards.
A.
Applicability.
1.
The provisions of this section shall apply to any area proposed for commercial or industrial development, redevelopment, or expansion that is subject to site design review and Division 3 of this title, Design Standards.
2.
Each requirement of this section must be met independently on a site. Landscaping for one of the requirements may not be double counted towards meeting other requirements of this chapter.
B.
Greenbelts.
1.
All yards adjacent to streets and rights-of-way shall be landscaped along the entire frontage (except access points) in accordance with Table 18.70.032(B).
Table 18.70.032(B): Frontage Greenbelt Requirements | ||||||
|---|---|---|---|---|---|---|
Application | Greenbelt Depth | Minimum Plantings per 100 Linear Feet | ||||
Berm | Deciduous Trees | Evergreen Trees | Ornamental Tree | Shrubs | ||
Commercial, Office and Institutional Uses | 10 ft. | 3 ft. | 2 | 1 | 1 | 20 |
Industrial | 30 ft. | 3 ft. | 3 | 3 | 1 | 30 |
Industrial Screening for Outdoor Storage and Truck Loading Areas | 40 ft. | 4 ft. | 3 | 6 | 1 | 40 |
1) In the C-1, C-2 and OR districts, the planning commission may reduce the greenbelt depth requirement to 10 feet where more than one-half of the parking spaces will be located in the side or rear yard and only one row of parking is located in the front yard or where the commercial building is less than 10,000 square feet. 2) No berm is required for structures constructed to the "build-to" line. 3) Corner lots – linear frontage includes both/all streets. |
C.
Landscape Design Standards. All yards, parking lots and required street tree planter strips shall be landscaped in accordance with the provisions of this chapter (PMC § 18.70.010 through 18.70.040). Landscaping shall be installed with development to provide erosion control, visual interest, buffering, privacy, open space and pathway identification, shading and wind buffering, based on the following standards:
1.
Yard Setback Landscaping. Landscaping shall satisfy the following criteria:
a.
Provide visual screening and privacy within side and rear yards, while leaving front yards and building entrances mostly visible for security purposes;
b.
Use shrubs and trees as wind breaks, as appropriate;
c.
Retain natural vegetation, as practicable;
d.
Define pedestrian pathways and open space areas with landscape materials;
e.
Provide focal points within a development, such as signature trees (i.e., large or unique trees), hedges and flowering plants;
f.
Use trees to provide summer shading within common open space areas, and within front yards when street trees cannot be provided;
g.
Use a combination of plants for year-long color and interest; and
h.
Use landscaping to screen outdoor storage and mechanical equipment areas, and to enhance graded areas such as berms, swales and detention/retention ponds.
2.
Parking Areas. A minimum of five percent of the combined area of all parking areas, as measured around the perimeter of all parking spaces and maneuvering areas, shall be landscaped. Such landscaping shall consist of an evenly distributed mix of shade trees with shrubs and/or ground cover plants. "Evenly distributed" means that the trees and other plants are distributed around the parking lot perimeter and between parking bays to provide a partial canopy. At a minimum, one tree per five parking spaces total shall be planted to create a partial tree canopy over and around the parking area. All parking areas with more than 20 spaces shall include landscape islands with trees to break up the parking area into rows of not more than 12 contiguous parking spaces. All landscaped areas shall have minimum dimensions of four feet by four feet to ensure adequate soil, water, and space for healthy plant growth.
a.
Where parking lots are located within the required front yard, a berm, hedge row, three-foot-tall brick or other masonry material wall, or a three-foot-tall wrought iron fence with a continuous evergreen hedge row shall be provided between the parking spaces and the street. The hedge row shall be planted with evergreen or deciduous shrubs, two and one-half feet on center. The landscape greenbelt required by Table 18.70.032(B), Frontage Greenbelt Requirements, shall also be provided. General site development requirements except the hedge row plantings may be credited towards the shrub plantings of Table 18.70.032(B).
b.
Where a parking lot or loading area for a nonresidential use abuts a residential district or use a minimum six-foot-tall wall shall be provided between the parking lot and residential lot. Walls shall be constructed of brick or other masonry material compatible with the front facade of the principal building as determined by the planning commission. The planning commission may approve a privacy fence where it is more compatible with adjacent residential uses.
3.
Buffering and Screening Required. Buffering and screening are required under the following conditions:
a.
Parking/Maneuvering Area Adjacent to Streets and Drives. Where a parking or maneuvering area is adjacent and parallel to a street or driveway, a decorative wall (masonry or similar quality material), arcade, trellis, evergreen hedge, landscaped berm or similar screen shall be established parallel to the street or driveway to the greatest extent practical, excluding vision clearance areas. The required screening device shall be no less than 36 inches in height within one year of development and not exceed 42 inches in height unless the street grade dictates otherwise to buffer the parking area. The design of the wall or screening shall also allow for visual surveillance of the site for security. Evergreen hedges used to comply with this standard shall be of such species, number and spacing to provide the required screening within one year after planting. Any areas between the wall/hedge and the street/driveway line shall be landscaped with plants or other ground cover. All walls shall be maintained in good condition or otherwise replaced by the owner.
b.
Parking/Maneuvering Area Adjacent to Building. Where a parking or maneuvering area, or driveway, is adjacent to a building, the area shall be separated from the building by a raised pathway, plaza, or landscaped buffer no less than five feet in width. Raised curbs, bollards, wheel stops, or other design features shall be used to protect buildings from being damaged by vehicles. When parking areas are located adjacent to residential ground-floor living space, a landscape buffer is required to fulfill this requirement.
c.
Screening of Mechanical Equipment, Outdoor Storage, Service and Delivery Areas, and Automobile-Oriented Uses. All mechanical equipment, outdoor storage and manufacturing, and service and delivery areas shall be screened from view from all public streets and residential districts. Screening shall be provided by one or more of the following: decorative wall (i.e., masonry or similar quality material), evergreen hedge, non-see-through fence, or a similar feature that provides a non-see-through barrier. Walls, fences, and hedges shall comply with the vision clearance requirements and provide for pedestrian circulation, in accordance with Chapter 18.65 PMC, Access and Circulation. (See Chapter 18.72 PMC for standards related to fences and walls.)
d.
Accessory Structure Landscaping. Accessory structures and utility structures such as waste receptacle enclosures, air conditioning units, transformers, utility substations and clustered mailboxes that are in a visible location on the site shall be landscaped with evergreens of sufficient height to screen the structure or equipment.
D.
Maintenance and Irrigation. The use of drought-tolerant plant species is encouraged and may be required when irrigation is not available. Irrigation shall be provided for plants that are not drought-tolerant. If the plantings fail to survive, the property owner shall replace them with an equivalent specimen. All other landscape features required by this title shall be maintained in good condition or otherwise replaced by the owner.
F.
Detention/Retention Pond Landscaping (Commercial/Industrial). Detention/retention ponds shall be landscaped to provide a natural setting in open space areas as follows:
1.
Detention and retention ponds shall be landscaped in character with the rest of the development and shall be required to provide lawn areas, shrubs and trees. Landscaping shall be required on all areas disturbed by grading to establish detention/retention ponds. Ponds may incorporate dry river bed style landscaping with native vegetation.
2.
Where possible, ponds or basins shall be "freeform" following the natural shape of the land to the greatest practical extent. Side slopes shall not exceed one foot vertical for every six feet of horizontal distance. If this requirement cannot be met, security fencing shall be required in line with subsection (F)(4) of this section.
3.
One deciduous shade or evergreen tree and 10 shrubs, or groupings of ornamental grasses, shall be planted in a random pattern or in groupings for every 50 lineal feet of pond perimeter, measured along the top of the bank elevation. Required landscaping is not limited to the top of the pond bank, as long as the plant species is adapted to saturated soil conditions. Plantings within rain gardens, bioretention swales, and irrigation trench planters may be credited towards meeting these requirements.
4.
Where the side slopes of the pond require security fencing, fencing shall be decorative in nature or if chain link, black or dark green vinyl coated. Shrub plantings shall be provided around the outside of the fence for screening spaced no more than five feet on center.
5.
An aerator shall be provided in any pond where there will be standing water.
(Ord. 857B § 4, 2021)
§ 18.70.034 Residential landscaping standards.
Residential landscaping for individual lots and large developments:
A.
Deciduous trees shall be planted along each residential lot or residential unit within the proposed public right-of-way before a certificate of occupancy is granted in accordance with Table 18.70.034.
Table 18.70.034 | |
|---|---|
Minimum Required Residential Street Trees | |
Linear Feet of Street Frontage/Lots | Minimum Number of Trees |
50 ft. or less | 1 |
50 ft. to 100 ft. | 2 |
100 ft. or more and corner lots | 3 |
B.
Existing trees within the right-of-way may be utilized as street trees.
C.
In any new subdivision, condominium or multifamily development, where residential dwellings are designed so that rear yards front a public street, a landscaped privacy screen shall be provided along the street consisting of trees, shrubs, and berm in accordance with subsection (E) of this section, Greenbelts. For any new subdivision, condominium or multifamily development, the greenbelts around the perimeter of single-family residential developments shall be in addition to the rear yard setback requirement of the district. The greenbelt may be a common area or an easement area across the individual lots with the rear yard setbacks measured from the greenbelt easement.
 |
D.
For any new subdivision, condominium or multifamily development, all of the required landscaping in common areas or designated open space shall be installed by the developer prior to issuance of building permits to construct homes on individual lots, unless the developer has posted a performance guarantee in accordance with subsection (K)(4) of this section.
E.
Greenbelts. All yards adjacent to streets and rights-of-way shall be landscaped along the entire frontage (except access points) in accordance with Table 18.70.034(E).
Table 18.70.034(E): Frontage Greenbelt Requirements | ||||||
|---|---|---|---|---|---|---|
Application | Greenbelt Depth | Minimum Plantings per 100 Linear Feet | ||||
Berm | Deciduous Trees | Evergreen Trees | Ornamental Tree | Shrubs | ||
Residential Subdivision, Condominium or Multifamily Development Where Units Back Towards an Arterial or Collector Street | 25 ft. | 3 ft. | 2 | 3 | 1 | 20 |
1. Calculations shall be based upon total frontage, including yards, buildings, driveways and parking lots. For lots less than 100 feet in width, the minimum plantings shall be provided. |
2. Greenbelts around the perimeter of single-family residential developments shall be in addition to the rear yard setback requirement of the district. |
3. Corner lots – linear frontage includes both/all streets. |
F.
Front Yards.
1.
Front yard areas shall be covered by grass or other living ground cover. Grass areas shall be planted in species that produce a permanent lawn. Side yards of corner lots must be landscaped with the same landscape material as the front yard.
2.
Grass may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales and in areas subject to erosion. In areas where grass is to be established by a method other than complete sodding or seeding, nurse-grass seed shall be sown for immediate effect and protection until coverage is achieved.
3.
Realistic alternative turf may be used in lieu of grass, subject to the planning official.
4.
The term "ground cover" is applied to low growing plants, other than turf grass, used to cover areas of the landscape. Evergreen plants, including perennials, dwarf shrubs and vines, that have a sprawling or spreading habit are most often used.
5.
Alternative Front Yard. The planning official is authorized to approve a requested deviation from the standards otherwise applicable to a front yard on an individual lot to substitute grass or ground cover for living plant material using a minimum of three separate nonplant ground cover materials. However, a minimum of 15 percent of the front yard area must consist of living plant material. Drought-tolerant plant materials for water conservation are not required, but are allowed and encouraged. No single nonplant ground cover material will exceed 40 percent of the area to be landscaped. Design elements such as internal sidewalks, pedestrian seating areas, fountains, sculptures, planters, and similar amenities may also be placed within the front and side yard areas.
G.
Living Plant Material. All common areas not developed with building, pavement, sidewalks or storage structures must be landscaped with living plant material. Stone or wood chips are allowed when the maintenance of the living material requires it, or the area is within or subject to drainage erosion control.
H.
Nonplant Ground Covers. Bark dust, chips, aggregate, stone, rock, pebbles, boulders, stamped concrete or pavers or other nonplant ground covers are allowed, but must not cover more than 20 percent of the area to be landscaped. Nonplant ground cover shall be installed only adjacent to a structure or where located entirely inside the rear yard. Ground cover plants located in the nonplant ground covers must be planted with plant size and spaced to grow together to cover a minimum of 80 percent of the underlying soil. Coverage is measured based on the size of plants at maturity or after four years of growth, whichever comes sooner.
I.
Hardscape features (i.e., patios, decks, plazas, etc.) may cover up to 20 percent of the required landscape area. Swimming pools, sports courts and similar active recreation facilities may not be counted toward fulfilling the landscape requirement.
J.
Accessory Structure Landscaping. Accessory structures for residential subdivisions and multifamily developments such as utility structures, waste receptacle enclosures, pump stations, transformers, utility substations and clustered mailboxes that are in a visible location on the site shall be landscaped with evergreens of sufficient height to screen the accessory structure or equipment.
K.
Installation and Maintenance Provisions. All landscaping shall be maintained in a healthy state free from refuse and debris.
1.
All trees required on the site plan must be maintained and shall not be removed unless approved as a site plan amendment or a tree removal permit is obtained. Any dead or diseased plants shall be removed and replaced.
2.
Landscaping shall be installed to ensure that, when mature, it will not obscure traffic signs, fire hydrants, lighting, drainage patterns on site or adjacent properties, or obstruct vision for safety of ingress or egress.
3.
If any building or paving construction is completed during a planting season, no certificate of occupancy shall be issued until the landscaping complies with the requirements contained in this section. If building or paving construction is completed in an off-planting season, the certificate of occupancy shall be issued only after the owner provides a performance guarantee, in an amount deemed sufficient by the planning official to ensure installation of required landscaping during the next planting season.
4.
The city may request performance guarantees in accordance with PMC § 18.115.090, Performance guarantees. The city may require a performance guarantee for landscaping for two growing seasons to ensure plant material survives.
L.
Plant Material Spacing and Size. Minimum plant spacing and sizes at time of installation shall be in accordance with Table 18.70.034(L):
Table 18.70.034(L): Minimum Plant Size and Spacing | ||
|---|---|---|
Type of Plant Material | Minimum Plant Sizes | Spacing Requirements |
Deciduous Canopy Trees | 2 1/2 in. caliper | 25 ft. on center |
Ornamental Trees | 2 in. caliper 6 ft. height (clump form) | 15 ft. on center |
Evergreen Trees | 6 ft. height | 15 ft. on center |
Narrow Evergreen Trees | 4 ft. height | 12 ft. on center |
Deciduous Shrubs | 2 1/2 ft. height | 4 ft. – 6 ft. on center |
Upright Evergreen Shrubs | 2 1/2 ft. height | 3 ft. – 4ft. on center |
Spreading Evergreen Trees | 2 ft. spread | 6 ft. on center |
M.
General Requirements. All landscaped area shall be designed, constructed, installed and maintained so that within three years, the ground shall be covered by plant material, nonplant ground cover and hardscape features.
1.
All trees and plant materials shall be healthy, disease-free, damage-free, well-branched stock, characteristic of the species. The use of tree and plant species native to or commonly used in residential landscaping in the Pacific Northwest is encouraged.
2.
After completion of site grading, six inches of topsoil is to be installed in all yard areas to provide a suitable base for seeding and planting.
3.
All planting areas shall be graded to provide positive drainage.
4.
All yard areas for individual lots within a subdivision, including front, back and side yards, shall be graded smooth and covered with a minimum of six inches of topsoil.
5.
Soil, water, plant materials, mulch material, etc. shall not be allowed to wash across roadways or walkways.
(Ord. 857B § 5, 2021)
§ 18.70.040 Street trees.
Street trees shall be planted for all developments that are subject to land division or site design review. Requirements for street tree planting strips are provided in PMC § 18.70.034, Residential landscaping standards. Planting on unimproved streets shall be deferred until the construction of curbs and sidewalks. Street trees shall conform to the following standards and guidelines:
A.
Growth Characteristics. Trees shall be selected based on growth characteristics and site conditions, including available space, overhead clearance, soil conditions, exposure, and desired color and appearance. The following shall guide tree selection:
1.
Provide a broad canopy where shade is desired.
2.
Use low-growing trees for spaces under utility wires.
3.
Trees where their limbs can be trimmed back to ensure compliance with vision clearance.
4.
Use narrow or "columnar" trees where awnings limit growth, or where visibility is desired between buildings and the street.
5.
Use species with similar canopy growth characteristics on the same block.
6.
Drought-resistant trees must be used in areas with sandy or rocky soil.
7.
Use deciduous trees for summer shade and winter sun.
8.
Any new street tree planted must be included on the city's list of approved tree species.
B.
Caliper Size. The minimum caliper size at planting shall be two and one-half inches.
C.
Spacing and Location. Street trees shall be planted within existing and proposed planting strips, and in sidewalk tree wells on streets without planting strips. Street tree spacing shall be based upon the type of tree(s) selected and the canopy size at maturity. In general, trees shall be spaced no more than 30 feet apart, except where planting a tree would conflict with existing trees, retaining walls, utilities and similar physical barriers.
D.
Soil Preparation, Planting and Care. The developer shall be responsible for planting street trees, including soil preparation, ground cover material, staking, and temporary irrigation for two years after planting. The developer shall also be responsible for tree care and replacement as necessary during the first year after planting. The resident shall be responsible for tree care and replacement as necessary during the second year after planting.
E.
Assurances. An applicant may apply for and the city may accept a fee or performance bond in accordance with the adopted fee schedule for each required street tree. The fee shall cover the city's expense for planting and the first year of care.
F.
Restrictions. No person, except a city employee, contractor hired by the city, or the electrical utility and their authorized agents, shall perform any of the following without first obtaining a permit from the city:
1.
Plant, cut, tap, carve, top, remove or transplant any tree, shrub or other plant located in the public right-of-way or on city property. This does not prohibit routine care and pruning necessary to maintain consistency with vision clearance regulations;
2.
Attach any rope, wire, nail, sign, poster or other object to any tree, shrub, or plant located in the public right-of-way or on city-owned property;
3.
Dig a tunnel or trench on any public right-of-way or city-owned or controlled property.
G.
Permit Process. Prior to issuing a permit, the city shall ensure that the action proposed conforms to the urban forestry plan and the arboricultural specifications manual. If the city finds that the work performed under the permit is not in conformance with the conditions of the permit, the city may:
(Ord. 720 § 7[3.2.4], 2003; Ord. 841 § 11, 2020; Ord. 857B § 6, 2021)
§ 18.70.050 Fences and walls.
Repealed by Ord. 779.
(Ord. 720 § 7[3.2.5], 2003)
§ 18.70.060 Public nuisance definition.
As defined in PMC § 9.15.070.
(Ord. 841 § 12, 2020)
§ 18.70.070 Notice required for nuisances.
Written notice shall be personally provided by door hanger, direct contact or sent by registered mail to the property owner.
A.
The notice shall describe the kind of tree, shrub, or other plant, its location on the property, and the reason for declaring it a nuisance.
B.
The notice shall include suggested actions that may be taken to abate the nuisance.
C.
The notice shall require the elimination of the nuisance no less than 15 days after the notice is sent unless the nuisance is considered a hazard at which point a lesser time of elimination shall be imposed depending on the risk hazard.
D.
The city may have the nuisance abated after 15 days and file the cost of abatement as a lien against the property.
(Ord. 841 § 12, 2020)
§ 18.70.080 Violation and penalty.
Any person who violates any provision of this chapter or who fails to comply with any notice issued pursuant to the provisions of this chapter, upon being found guilty of violations in the municipal court, shall be subject to a fine for each separate offense not to exceed $500.00 or three times the appraised value of the tree(s) or vegetation, whichever is greater. Each day during which any violation of the provisions of this chapter shall occur or continue shall be a separate offense.
If, as the result of the violation of any provision of this chapter, the injury, mutilation or death of a tree, shrub, or other plant located on city-owned or controlled property is caused, the cost of repair or replacement of such plant shall be borne by the party in violation.
The appraised value of trees shall be determined using methods described in the latest revision of "Valuation of Trees, Shrubs, and Other Plants," as published by the International Society of Arboriculture.
(Ord. 841 § 12, 2020)
§ 18.72.010 Purpose.
It is the purpose of this chapter to establish the standards and provisions wherein fences, hedges and walls may be constructed within the city of Philomath. Emphasis has been placed on preserving the health, safety and general welfare of citizens; to provide for preservation of land values through the development of an aesthetic community environment; and to balance these goals without undue hardship to private property owners' rights.
(Ord. 779 § 1, 2012)
§ 18.72.020 Definitions.
For purposes of this chapter, all definitions found in PMC § 18.15.010 are hereby incorporated and deemed effective. Additional definitions are as follows:
shall refer to a separate attached or freestanding structure with open or lattice style roof and walls typically found surrounding gates or entrances.
refers to that area of property falling predominantly behind the structure and typically opposite to the face or front side. "Yard, front" and "Yard, rear" are defined in PMC § 18.15.010.
shall be any barrier, naturally grown or constructed, for the purposes of confinement, as a means of protection or use as a boundary.
of a structure shall be defined as that side which faces in the direction of the physical address of the property as recognized by the U.S. Postal Service and/or contains the primary driveway by which vehicular access is obtained. On corner lots the primary front is determined by vehicle access and the secondary front is the adjacent side. "Yard, front" and "Yard, rear" are defined in PMC § 18.15.010.
and/or "gates" are those openings found in any wall or fence positioned for use as a passage through the wall or fence whether open or controlled.
are typically vegetation planted for the purpose of serving as a boundary, buffer or divider between areas, or for landscaping or privacy.
is defined as a framework of cross wood or metal strips, predominantly open sighted, and designed for decorative or landscaping purposes.
shall refer to fences or materials providing for 50 percent or less vision obstruction.
are a section of solid fencing that blocks direct vision into or out of a door or window, or that surrounds a deck or patio.
shall be any material of a nature such that visibility is blocked by greater than 50 percent of the area covered or appearing opaque when viewed from any angle at a point 25 feet away.
is a structure of open lattice design intended for use to support the growth of vegetation or for decorative purposes.
(Ord. 779 § 1, 2012; Ord. 857B § 7, 2021)
§ 18.72.030 General provisions.
A.
Permits.
1.
No permit shall be required for placement of fences or hedges that comply with the provisions of this chapter.
2.
Retaining walls shall be subject to permitting requirements when greater than four feet in height.
3.
Owners intending to place fences, walls or hedges within any public utility easement or right-of-way shall be required to secure an encroachment permit from the city council prior to the commencement of the project.
B.
Locations.
1.
Fences, hedges and walls may be located within required yard setbacks; provided, that they comply with the provisions contained herein.
2.
Corner lots may have side yard fencing out to the sidewalk, within six feet of the curb, or property line where neither a curb nor sidewalk exists.
3.
Fences, hedges and walls may be placed within vision clearance areas up to a height of four feet where such features comply with the open sighted provision defined in this chapter. For purposes of this chapter vision clearance areas shall be as defined in PMC § 18.15.010 with the two side dimensions being not less than seven and one-half feet for drives and where the back yard of any property abuts the front yard of an adjacent property.
4.
Privacy screens may be situated anywhere within the back or side yard areas of any property where a setback of at least 10 feet from the property line is observed. When situated in any residential front yard the setback shall be not less than 15 feet from the street property line, but in no event shall the privacy screen be greater than 10 feet from the front of the residence. Front privacy screens may not extend more than two feet beyond either side of the obscured doorway or window.
5.
Fences, hedges and walls shall be located not less than five feet in radius from any fire hydrant or street sign.
6.
Sight obscuring fences, walls or hedges may be required to screen activities such as garbage collection, recycling or for mechanical fixtures as part of the city's review and approval process.
7.
For any industrial or public zone fences, walls or hedges may be located or maintained in any yard except for the front and/or where vision clearance areas must be observed.
C.
Heights.
1.
Back and Side Yards.
a.
Heights, including privacy screens, shall be limited to six feet where placement is across a back, interior or side of the lot up to the front face of the dwelling.
b.
Lattice and/or trellis may be placed up to 18 inches over the top of the wall, fence or privacy screen across a back, interior or side provided it meets the definition of open sighted construction, and does not exceed seven and one-half feet in total height.
c.
When facing any public right-of-way, pedestrian gates and trellises used as entry features shall not exceed eight feet in height or five feet in width. No entry feature may extend more than three feet in depth.
d.
Where back or side yards are adjacent to nonresidential property or railways, hedges may be allowed to grow to a height of 10 feet from grade.
2.
Front Yards.
a.
When placed in front areas or front yards, fence heights shall be limited to four feet and must be open sighted. Visibility through the fence must be open sighted and not be less than 50 percent of the material being used.
b.
When facing any public right-of-way, pedestrian gates and trellises used as entry features shall not exceed eight feet in height or five feet in width. No entry feature may extend more than three feet in depth.
c.
When adjacent to any public right-of-way, retaining walls in front yards shall be limited to four feet in height.
3.
Corner Lots.
a.
Where a rear yard is abutting the adjacent property's front yard, the fence, wall or hedge shall be placed and sized to provide for a vision clearance area. The rear yard or side street fence, hedge or wall may be no higher than four feet above the sidewalk or grade.
(3).tif.png "18.72.030(C)(3).tif") |
b.
On corner lots, a full-size fence is permitted within a side yard of a side street only if the dwelling on the adjacent lot does not front towards the same side street. When the adjacent house faces the side street, the side yard fence may not exceed four feet in height.
4.
Fences on Retaining Walls. Fences located atop retaining walls must follow the height requirements above where the top of the retaining wall is at grade on at least one side. Where the grade on either side of the wall is below the top of the wall, the overall height of the fence and wall combination shall be measured from the higher of the grades on either side.
5.
Berms.
a.
Fences, walls, or hedges to be placed atop berms shall have their overall height determined based on the grade in effect prior to construction of the berm.
b.
In front yards, vision obscuring fences and berms shall not exceed a total overall height of four feet from the lower of the original grade or the center of the adjacent street.
c.
Berms may not be greater than 18 inches in height over the preconstruction or natural grade.
6.
Fences, walls or hedges located in any industrial or public zones shall not exceed eight feet in height except for designated sports fields where additional heights may be required to provide for public safety.
7.
Retaining walls shall be installed when a lot has a grade of 3:1 or greater within six feet of the property line in order to maximize usable space and prevent erosion issues along property lines. Where the property line is between two lots, the upland lot is responsible to meet this requirement.
D.
Materials and Styles.
1.
Fences and walls in front yards and/or vision clearance areas may be of picket or rail style and must meet the definition of open sighted for purposes of this chapter. This open sighted provision applies to hedges and landscaping as well.
2.
Walls or fences shall not be constructed of, or contain any, materials that could do bodily harm including, but not limited to, broken glass, spikes, razor wire or any other hazardous or dangerous materials.
3.
Hedges adjacent to any street or sidewalk, alley or other pedestrian right-of-way shall not be of a type consisting of sharp thorns, leaves or needles that could prove harmful when contacted. Examples include holly, blackberry, or cactus.
4.
Fences shall be constructed from materials customarily used for such purposes, typically chain link, decorative wrought iron, synthetics, pressure treated lumber, cedar, redwood or similar. Fences and walls shall not be constructed from materials not originally designed, manufactured or created for that purpose. Prohibited materials include, but are not limited to, pallets, tarps, tires, wheel rims, drywall, plywood, firewood stacks, plastic sheeting, and corrugated sheet stock.
5.
Walls may be constructed of stone, rock, masonry, concrete, boulders, brick or other similar material.
6.
Berms shall be of earthen type capable of supporting vegetation and shall be constructed such that no erosion of the materials shall transfer onto adjacent streets or sidewalks.
7.
A hedge or other dense landscaping may be used to satisfy a requirement for a sight obscuring fence where required, subject to height restrictions specified for the location.
E.
Restricted Fences.
1.
Barbed or razor wire fences are allowed only in nonresidential areas where barbs or razor wire shall be not less than six and one-half feet above grade and situated on top of otherwise approved fencing.
2.
Electrified fences are allowed only where said fence is completely enclosed inside a property boundary by a barrier type fence that satisfies the provisions of this chapter, or on the outer boundary of the city limits bordering county zoning district. All electrified fencing shall be conspicuously marked as being such.
3.
All wire, twine, rope, plastic or other flexible mesh style fencing is prohibited in residential areas within four feet of any sidewalk or public right-of-way. However, fencing of a temporary nature for use around construction sites and such may consist of appropriate forms of these materials.
F.
Maintenance. Fences and walls shall be structurally maintained in a safe condition of repair and shall not be allowed to become and/or remain in a condition of disrepair including, but not limited to, noticeable leaning, broken supports or framing and growth of noxious vegetation.
G.
Other Provisions.
1.
In no event shall any gate, door or portion of said fencing be allowed to open outward across any sidewalk, curb, street or other public right-of-way.
2.
Fences, walls or hedges on the back of through lots, except corner lots, that would otherwise be considered back yard features shall be treated in accordance with front yard provisions for portions of the lot 10 feet or closer to any sidewalk, curb, street or other public right-of-way.
3.
Where fencing is adjacent to any street or sidewalk, the exposed framing side of the fence shall face inward toward the lot.
4.
Where fencing or wall designs use pickets or points as ornamental or architectural features, said features shall be rounded or otherwise blunted to provide for public safety.
5.
Swimming pools, hot tubs, ponds and similar water features greater than one foot deep shall be surrounded and screened with a minimum four-foot-high secured fence or wall or be equipped with a functional latching cover. The fence or wall must have a self-latching gate in accordance with Chapter 15.15 PMC.
(Ord. 779 § 1, 2012; Ord. 799 § 13, 2015; Ord. 857B §§ 8–10, 2021)
§ 18.75.010 Purpose.
The purpose of this chapter is to provide basic and flexible standards for development of vehicle and bicycle parking. The design of parking areas is critically important to the viability of some commercial areas, pedestrian and driver safety, the efficient and safe operation of adjoining streets, and community image and livability. Historically, some communities have required more parking than is necessary for some land uses, paving extensive areas of land that could be put to better use. Because vehicle parking facilities can occupy large amounts of land, they must be planned and designed carefully to use the land efficiently while maintaining the visual character of the community. This chapter recognizes that each development has unique parking needs by providing a flexible approach for determining parking space requirements (i.e., "minimum" and "performance-based" standards). This chapter also provides standards for bicycle parking because many people use bicycles for recreation, commuting, and general transportation. Children, as well as adults, need safe and adequate spaces to park their bicycles throughout the community.
(Ord. 720 § 7[3.3.1], 2003)
§ 18.75.020 Applicability.
All developments subject to site design review (Chapter 18.110 PMC), including development of parking facilities, shall comply with the provisions of this chapter.
(Ord. 720 § 7[3.3.2], 2003)
§ 18.75.030 Vehicle parking standards.
The minimum number of required off-street vehicle parking spaces (i.e., parking that is located in parking lots and garages and not in the street right-of-way) shall be determined based on the standards in subsection (A) of this section. The number of required off-street vehicle parking spaces shall be determined in accordance with the following standards. Off-street parking spaces may include spaces in garages, carports, parking lots, and/or driveways if vehicles are not parked in a vehicle travel lane (including emergency or fire access lanes), public right-of-way, pathway or landscape area. Credit shall be allowed for "on-street parking," as provided in subsection (B) of this section.
In the C-1, central commercial zone, any building or structure shall be exempt from the off-street parking standards if the owner signs and records on the property a nonremonstrance agreement against the formation of a future parking district. Such buildings or structures may be modified internally, allow for a change of use, or expand the use provided the gross building volume is not increased. If an increase in gross building floor area is requested, off-street parking will only be required for that incremental increase.
A.
Vehicle Parking – Minimum Standards.
1.
Residential Uses.
a.
Accessory Dwelling. None required.
b.
Manufactured Home Parks. Same as for single-family detached housing.
c.
Multifamily and Single-Family Attached Housing.
i.
Studio units or one-bedroom units less than 500 square feet: one space/unit.
ii.
One-bedroom units 500 square feet or larger: one and one-half spaces/unit.
iii.
Two-bedroom units: one and three-quarters spaces/unit.
iv.
Three-bedroom or greater units: two spaces/unit.
v.
Retirement complexes: one space per unit.
d.
Senior Housing. Same as for retirement complexes.
2.
Commercial Uses.
a.
Auto, Boat or Trailer Sales, Retail Nurseries and Similar Bulk Retail Uses. One space per 1,000 square feet of the first 10,000 square feet of gross land area, plus one space per 5,000 square feet for the excess over 10,000 square feet of gross land area; and one space per two employees.
b.
Business, General Retail, Personal Services. General: one space for 400 square feet of gross floor area. Furniture and appliances: one space per 1,000 square feet of gross floor area.
c.
Chapels and Mortuaries. One space per four fixed seats in the main chapel.
d.
Hotels and Motels. One space for each guest room, plus one space for the manager.
e.
Offices. Medical and dental offices: one space per 350 square feet of gross floor area; general offices: one space per 500 square feet of gross floor area.
f.
Restaurants, Bars, Ice Cream Parlors and Similar Uses. One space per four seats or one space per 150 – 200 square feet of gross leasable floor area, whichever is less.
g.
Theaters, Auditoriums, Stadiums, Gymnasiums, Similar Uses. One space per four seats.
3.
Industrial Uses.
a.
Industrial Uses, Except Warehousing. One space per two employees on the largest shift or for each 700 square feet of gross floor area, whichever is less, plus one space per company vehicle.
b.
Public Utilities (Gas, Water, Telephone, etc.), Not Including Business Offices. One space per two employees on the largest shift, plus one space per company vehicle; a minimum of two spaces is required.
c.
Warehousing. One space per 1,000 square feet of gross floor area or for each two employees, whichever is greater, plus one space per company vehicle.
4.
Public and Institutional Uses.
a.
Child Care Centers Having 13 or More Children. One space per two employees; a minimum of two spaces is required.
b.
Churches and Similar Places of Worship. One space per four seats.
c.
Colleges, Universities and Trade Schools. One and one-half spaces per classroom, plus one space per five students the school is designed to accommodate, plus requirements for on-campus student housing.
d.
Golf Courses, Except Miniature. Eight spaces per hole, plus additional spaces for auxiliary uses set forth in this section. Miniature golf courses: four spaces per hole.
e.
Hospitals. Two spaces per patient bed.
f.
Nursing and Convalescent Homes. One space per three patient beds.
g.
Public Assembly Areas. One space for each eight lineal feet of bench length, four seats, or four persons as defined by occupancy loads.
h.
Rest Homes, Homes for the Aged, or Assisted Living. One space per two patient beds or one space per apartment unit.
i.
Schools, Elementary, Junior High and High. One and one-half space per classroom, or the requirements for public assembly areas as set forth herein, whichever is greater, for elementary and junior high schools. For high schools, one and one-half spaces per classroom, plus one space per 10 students the school is designed to accommodate, or the requirements for public assembly as set forth herein, whichever is greater.
5.
Unspecified Uses. Where a use is not specifically listed in this section, parking requirements shall be determined by finding that a use is similar to those listed in terms of parking needs.
B.
Credit for On-Street Parking. The amount of off-street parking required for commercial and industrial uses shall be reduced by one off-street parking space for every on-street parking space adjacent to the development, which would not obstruct a required clear vision area, nor any other parking that violates any law or street standard. Credit for on-street parking standards shall not be granted for residential uses. On-street parking shall follow the established configuration of existing on-street parking, except that angled parking may be allowed for some streets, where permitted by city, ODOT and/or county standards. The following constitutes an on-street parking space:
1.
Parallel parking, each 24 feet of uninterrupted curb;
2.
Forty-five-/sixty-degree diagonal, each 16 feet of uninterrupted curb;
3.
Ninety-degree (perpendicular) parking, each 10 feet of uninterrupted curb;
4.
Curb space must be connected to the lot which contains the use;
5.
On-street parking spaces credited for a specific use may not be used exclusively by that use, but shall be available for general public use at all times. No signs or actions limiting general public use of on-street spaces is permitted unless otherwise approved by the city.
C.
Parking Location and Shared Parking.
1.
Location. Vehicle parking is allowed only on approved parking shoulders (streets), within garages, carports and other structures, or on driveways or parking lots that have been developed in conformance with this title. Specific locations for parking are indicated in Division 2 for some land uses (e.g., the requirement that parking be located to side or rear of buildings, with access from alleys, for some uses). (See also Chapter 18.65 PMC, Access and Circulation.)
2.
Driveways in Front Yards. Front yards shall not be paved, with exception of a driveway leading to a garage or dedicated parking pad and a walkway leading to the door.
a.
Single-family residential parking spaces shall consist of a parking strip, driveway, garage, or combination thereof, and shall be located on the premises they are intended to serve.
b.
Single-family residential parking spaces shall be located on hard or pervious concrete, asphalt or permeable/grass pavers. Lawn and yard areas, other than designated parking areas, shall not be utilized for off-street parking. Driveways shall be required to be concrete if the adjoining street is concrete.
c.
A minimum three-foot-wide lawn or landscape strip shall be required between the edge of parking area pavement and all lot lines to provide adequate room for drainage, snow storage and privacy screening.
d.
Circular drives shall be prohibited unless driveway access points are separated by an interior distance of 70 feet. A minimum lot width of 100 feet shall be required.
3.
Off-Site Parking. Except for residential dwellings, the vehicle parking spaces required by this chapter may be located on another parcel of land, provided the parcel is within 500 feet of the use it serves. The distance from the parking area to the use shall be measured from the nearest parking space to a building entrance, following a sidewalk or other pedestrian route. The right to use the off-site parking must be evidenced by a recorded deed, lease, easement, or similar written instrument.
4.
Mixed-Uses. If more than one type of land use occupies a single structure or parcel of land, the total requirements for off-street automobile parking shall be the sum of the requirements for all uses, unless it can be shown that the peak parking demands are actually less (i.e., the uses operate on different days or at different times of the day). In that case, the total requirements shall be reduced accordingly.
5.
Shared Parking. Required parking facilities for two or more uses, structures, or parcels of land may be satisfied by the same parking facilities used jointly, to the extent that the owners or operators show that the need for parking facilities does not materially overlap (e.g., uses primarily of a daytime versus nighttime nature); provided, that the right of joint use is evidenced by a recorded deed, lease, contract, or similar written instrument establishing the joint use.
D.
Maximum Number of Parking Spaces. The number of parking spaces provided by any particular use in ground surface parking lots shall not exceed the required minimum number of spaces provided by this section by more than 10 percent. Spaces provided on-street, or within the building footprint of structures, such as in rooftop parking, or under-structure parking, or in multilevel parking above or below surface lots, may not apply towards the maximum number of allowable spaces. Parking spaces provided through shared parking also do not apply toward the maximum number.
E.
Parking Stall Standard Dimensions and Compact Car Parking. All off-street parking stalls shall be improved to conform to city standards for surfacing, stormwater management and striping, and provide dimensions in accordance with the following table. (Disabled person parking shall be provided in conformance with subsection (F) of this section.)
Figure 18.75.030(E) – Parking Stall Dimensions.  |
Table 18.75.030(E) Minimum Parking Space and Aisle Dimensions | ||||||
|---|---|---|---|---|---|---|
Angle (A) | Type | Width (B) | Curb Length (C) | 1-Way Aisle Width (D) | 2-Way Aisle Width (D) | Stall Depth (E) |
0° (Parallel) | Standard Compact | 8 ft. 7 ft. 6 in. | 22 ft. 6 in. 19 ft. 6 in. | 12 ft. 12 ft. | 24 ft. 24 ft. | 8 ft. 7 ft. 6 in. |
30° | Standard Compact | 9 ft. 7 ft. 6 in. | 18 ft. 15 ft. | 12 ft. 12 ft. | 24 ft. 24 ft. | 17 ft. 14 ft. |
45° | Standard Compact | 9 ft. 7 ft. 6 in. | 12 ft. 6 in. 10 ft. 6 in. | 12 ft. 12 ft. | 24 ft. 24 ft. | 19 ft. 16 ft. |
60° | Standard Compact | 9 ft. 7 ft. 6 in. | 10 ft. 6 in. 8 ft. 6 in. | 18 ft. 15 ft. | 24 ft. 24 ft. | 20 ft. 16 ft. 6 in. |
90° | Standard Compact | 9 ft. 7 ft. 6 in. | 9 ft. 7 ft. 6 in. | 24 ft. 22 ft. | 24 ft. 24 ft. | 19 ft. 15 ft. |
F.
Disabled Person Parking Spaces. Parking shall be provided for disabled persons, in conformance with the Americans with Disabilities Act.
Table 18.75.030(F) Minimum Number of Accessible Parking Spaces ADA Standards of Accessible Design 4.1.2(5) | |||
|---|---|---|---|
Total Number of Parking Spaces Provided (per lot) | Total Minimum Number of Accessible Parking Spaces (60" and 96" aisles) | Van-Accessible Parking Spaces with Min. 96" Wide Access Aisle | Accessible Parking Spaces with Min. 60" Wide Access Aisle |
Column A | |||
1 to 25 | 1 | 1 | 0 |
26 to 50 | 2 | 1 | 1 |
51 to 75 | 3 | 1 | 2 |
76 to 100 | 4 | 1 | 3 |
101 to 150 | 5 | 1 | 4 |
151 to 200 | 6 | 1 | 8 |
201 to 300 | 7 | 1 | 6 |
301 to 400 | 8 | 1 | 7 |
401 to 500 | 9 | 2 | 7 |
501 to 1000 | 2% of total parking provided in each lot | 1/8 of Column A* | 7/8 of Column A** |
1001 and over | 20 plus 1 for each 100 over 1000 | 1/8 of Column A* | 7/8 of Column A** |
* one out of every 8 accessible spaces | ** 7 out of every 8 accessible parking spaces | ||
G.
Carpool/Vanpool/Rideshare Parking. Parking areas that have designated employee parking and more than 20 vehicle parking spaces shall provide at least 10 percent of the employee parking spaces (minimum two spaces) as preferential carpool, vanpool, and similar rideshare parking spaces. Preferential carpool, vanpool, and rideshare parking spaces shall be closer to the employee entrance of the building than other parking spaces, with the exception of ADA accessible parking spaces.
H.
Internal Pedestrian Connections. Internal pedestrian connections shall be provided in parking lots with more than 10 parking spaces located in commercial districts and in parking lots with more than 30 parking spaces located in noncommercial districts. These connections shall be a minimum of five feet wide and distinguished from vehicular areas through changes in elevation or contrasting paving materials (such as light-color concrete inlay between asphalt). Paint or thermo-plastic striping and similar types of nonpermanent applications may be approved for crossings of parking lot areas that do not exceed 24 feet in crossing length.
I.
Transit-Related Facilities in Parking Lots. Parking spaces and portions of parking lots may be used for transit-related uses such as transit stops and park-and-ride or rideshare areas, provided minimum parking space requirements can still be met.
(Ord. 720 § 7[3.3.3], 2003; Ord. 737 § 1, 2006; Ord. 799 § 14, 2015; Ord. 832 §§ 12 – 14, 2018; Ord. 841 § 13, 2020)
§ 18.75.040 Bicycle parking requirements.
All uses which are subject to site design review shall provide bicycle parking, in conformance with the following standards, which are evaluated during site design review:
A.
Number of Bicycle Parking Spaces. A minimum of two bicycle parking spaces per use for all uses with greater than five vehicle parking spaces. The following additional standards apply to specific types of development:
1.
Multifamily Residences. Every residential use of three or more dwelling units provides at least one accessible, sheltered bicycle parking space for each dwelling unit. Sheltered bicycle parking spaces may be located within a garage, storage shed, basement, utility room or similar area. In those instances in which the residential complex has no garage or other easily accessible storage unit, the bicycle parking spaces may be sheltered from sun and precipitation under an eave, overhang, an independent structure, or similar cover.
2.
Parking Lots. All public and commercial parking lots and parking structures provide a minimum of one bicycle parking space for every 10 motor vehicle parking spaces.
3.
Schools. Elementary and middle schools, both private and public, provide one bicycle parking space for every 10 students and employees. High schools provide one bicycle parking space for every five students and employees. At least one-half of the spaces shall be sheltered under an eave, overhang, independent structure, or similar cover.
4.
Colleges and trade schools shall provide one bicycle parking space for every 10 motor vehicle spaces, plus one space for every dormitory unit. At least one-half of the bicycle parking spaces shall be sheltered under an eave, overhang, independent structure, or similar cover.
5.
Commercial Districts. Within the commercial districts, bicycle parking for customers shall be provided at a rate of at least two spaces per use. Individual uses may provide their own parking, or spaces may be clustered to serve up to six bicycles. Bicycle parking spaces should be located in front of the uses along the street, either on the sidewalks or in specially constructed areas such as pedestrian curb extensions. Bicycle parking shall not interfere with pedestrian passage, leaving a clear area of at least 48 inches between bicycles and other existing and potential obstructions. Customer spaces may or may not be sheltered. When provided, sheltered parking (within a building, or under an eave, overhang, or similar structure) should be provided at a rate of one space per 10 employees, with a minimum of one space per use.
6.
Multiple Uses. For buildings with multiple uses (such as a commercial or mixed-use center), bicycle parking standards shall be calculated by using the total number of motor vehicle parking spaces required for the entire development. A minimum of one bicycle parking space for every 10 motor vehicle parking spaces is required.
7.
Transit Stops. A minimum of two spaces shall be provided per transit stop. A greater number of spaces may be required for transit centers and transit park-and-rides, as determined through a discretionary site design review or conditional use permit process.
B.
Exemptions. This section does not apply to single-family and two-family housing (attached, detached or manufactured housing), home occupations, agriculture and livestock uses, or other developments with fewer than 10 vehicle parking spaces.
C.
Location. Bicycle parking shall be conveniently located with respect to both the street right-of-way and at least one building entrance (e.g., no farther away than the closest parking space). It should be incorporated whenever possible into building design and coordinated with the design of street furniture when it is provided. Street furniture includes benches, streetlights, planters and other pedestrian amenities.
D.
Design. "Inverted U" or "staple" style racks are recommended. Bicycle racks shall provide a secure point of contact so that both the frame and wheel of a bicycle may be locked to the rack using a standard U lock. Bicycle racks are recommended to provide two points of contact between the rack and the bicycle in order to hold the bicycle securely and prevent pivoting or tipping. Individual "inverted U" or "staple" style racks shall be placed to encourage bicycles to be parked parallel to the rack and achieve maximum capacity. Where multiple racks are placed together, racks shall be placed parallel to each other spaced on four-foot centers to allow access to both sides of each rack. Racks shall be placed so that a six-foot bicycle may be parked without interference from nearby walls or fixed objects.
E.
Visibility and Security. Bicycle parking shall be visible to cyclists from street sidewalks or building entrances, so that it provides sufficient security from theft and damage.
F.
Options for Storage. Bicycle parking requirements for long-term and employee parking can be met by providing a bicycle storage room, bicycle lockers, racks, or other secure storage space inside or outside of the building.
G.
Lighting. Bicycle parking should be as well lit as vehicle parking for security.
(Ord. 720 § 7[3.3.4], 2003; Ord. 777 § 1, 2011; Ord. 832 §§ 15 – 17, 2018)
§ 18.80.010 Purpose and applicability.
A.
Purpose. The purpose of this chapter is to provide planning standards for public and private transportation facilities and utilities. Streets are the most common public spaces, touching virtually every parcel of land. Therefore, one of the primary purposes of this chapter is to provide standards for attractive and safe streets that can accommodate vehicle traffic from planned growth, and provide a range of transportation options, including options for driving, walking, bus transit, and bicycling. This chapter is also intended to implement the city's transportation system plan.
Important cross-reference to other standards: The city requires that streets provide direct and convenient access, including regular intersections. Chapter 18.65 PMC, Access and Circulation, provides standards for intersections and blocks, and requires pedestrian access ways to break up long blocks.
B.
When Standards Apply. Unless otherwise provided, the standard specifications for construction, reconstruction or repair of transportation facilities, utilities and other public improvements within the city shall occur in accordance with the standards of this chapter. No development may occur unless the public facilities related to development comply with the public facility requirements established in this chapter.
C.
Standard Specifications. The city shall establish standard construction specifications consistent with the planning standards of this chapter and application of engineering principles. They are incorporated in this title by reference. Where a conflict should occur, the design specifications shall prevail.
D.
Conditions of Development Approval. No development may occur unless required public facilities are in place or guaranteed, in conformance with the provisions of this title. Improvements required as a condition of development approval, when not voluntarily accepted by the applicant, shall be roughly proportional to the impact of development. Findings in the development approval shall indicate how the required improvements are roughly proportional to the impact.
(Ord. 720 § 7[3.4.0], 2003)
§ 18.80.020 Transportation improvements.
A.
Development Standards. No development shall occur unless the development has frontage or approved access to a public street, in conformance with the provisions of Chapter 18.65 PMC, Access and Circulation, and the following standards are met:
1.
Streets within or adjacent to a development shall be improved in accordance with the comprehensive plan, transportation system plan and the provisions of this chapter;
2.
Development of new streets, and additional street width or improvements planned as a portion of an existing street, shall be improved in accordance with this section, and public streets shall be dedicated to the applicable city, county or state jurisdiction;
3.
New streets and drives shall be paved; and
4.
The city may accept a future improvement guarantee (e.g., owner agrees not to object against the formation of a local improvement district in the future) in lieu of street improvements if one or more of the following conditions exist:
a.
A partial improvement may create a potential safety hazard to motorists or pedestrians;
b.
Due to the developed condition of adjacent properties, it is likely that street improvements would be extended in the foreseeable future and the improvement associated with the project under review does not, by itself, provide increased street safety or capacity, or improved pedestrian circulation;
c.
The improvement would be in conflict with an adopted capital improvement plan; or
d.
The improvement is associated with an approved land partition on property zoned residential and the proposed land partition does not create any new streets.
B.
Variances. Variances to the transportation design standards in this section may be granted by means of a Class B variance, as governed by Chapter 18.155 PMC, Variances.
C.
Creation of Rights-of-Way for Streets and Related Purposes. Streets shall be created through the approval and recording of a final subdivision or partition plat, except the city may approve the creation of a street by acceptance of a deed; provided, that the street is deemed essential by the city council and the deeded right-of-way conforms to the standards of this title. All deeds of dedication shall be in a form prescribed by the city and shall name "the public," as grantee.
D.
Creation of Access Easements. The city may approve an access easement established by deed when the easement is necessary to provide for access and circulation in conformance with Chapter 18.65 PMC, Access and Circulation. Access easements shall be created and maintained in accordance with the applicable provisions of the Uniform Fire Code.
E.
Street Location, Width and Grade. Except as noted below, the location, width and grade of all streets shall conform to the TSP and design specifications, as applicable, and an approved street plan or subdivision plat. Street location, width and grade shall be determined in relation to existing and planned streets, topographic conditions, public convenience and safety, and in appropriate relation to the proposed use of the land to be served by such streets.
Where the location of a street is not shown in an existing street plan, the location of streets in a development shall either:
1.
Provide for the continuation and connection of existing streets in the surrounding areas, conforming to the street standards of this chapter; or
2.
Conform to a street plan approved by the city, if it is impractical to connect with existing street patterns because of particular topographical or other existing conditions of the land. Such a plan shall be based on the type of land use to be served, the volume of traffic, the capacity of adjoining streets and the need for public convenience and safety.
F.
Extension Preclusion. Any development that would preclude the logical extension of an existing street may be modified or rejected by the planning official.
G.
Minimum Rights-of-Way and Street Sections. Street rights-of-way and improvements shall conform to the applicable design specification in the transportation system plan and public works design standards.
Final design and location shall be determined by the decision-making authority based upon the following factors:
1.
Street classification in the comprehensive plan and/or transportation system plan;
2.
Anticipated traffic generation;
3.
On-street parking needs;
4.
Sidewalk and bikeway requirements based on anticipated level of use;
5.
Requirements for placement of utilities;
6.
Street lighting;
7.
Minimize drainage, slope, and sensitive lands impacts, as identified in Chapter 18.55 PMC and/or the comprehensive plan;
10.
Safety and comfort for motorists, bicyclists, and pedestrians;
11.
Street furnishings (e.g., benches, lighting, bus shelters, etc.), when provided;
12.
Access needs for emergency vehicles; and
13.
Transition between different street widths (i.e., existing streets and new streets), as applicable.
H.
Future Street Plan and Extension of Streets.
1.
A future street plan shall be filed by the applicant in conjunction with an application for a subdivision or partition in order to facilitate orderly development of the street system. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division consistent with the local street connectivity plan in the transportation system plan and shall include other parcels within 100 feet surrounding and adjacent to the proposed land division. The street plan is not binding; rather, it is intended to show potential future street extensions with future development.
2.
Streets shall be extended to the boundary lines of the parcel or tract to be developed to permit a satisfactory future division of adjoining land. The point where the streets temporarily end shall conform to subsections (H)(2)(a) through (d) of this section:
a.
These extended streets or street stubs to adjoining properties are not considered to be cul-de-sacs since they are intended to continue as through-streets when the adjoining property is developed.
b.
A barricade (e.g., fence, bollards, boulders or similar vehicle barrier) shall be constructed at the end of the street by the subdivider and shall not be removed until authorized by the city or other applicable agency with jurisdiction over the street. The cost of the barricade shall be included in the street construction cost.
c.
Temporary turnarounds (e.g., hammerhead or bulb-shaped configuration) shall be constructed for stub streets over 150 feet in length.
d.
Notification that the stub street is planned for future extension shall be posted where the street improvement ends.
3.
All local and collector streets that abut a development site shall be extended within the site to provide through-circulation, unless prevented by environmental or topographical constraints, existing development patterns or compliance with other standards in this title. This exception applies when it is not possible to redesign or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15 percent for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the environmental or topographical constraint precludes some reasonable street connection.
4.
Proposed streets or street extensions shall be located to provide direct access to existing or planned commercial services and other neighborhood facilities, such as schools, shopping areas and parks and transit facilities, consistent with the local street connectivity plan in the transportation system plan.
I.
Sidewalks, Planter Strips, Bicycle Lanes. Sidewalks, planter strips, and bicycle lanes shall be installed in conformance with the applicable provisions of the transportation system plan, the comprehensive plan, and adopted street plans. Maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the adjacent property owner.
J.
Cul-de-Sacs. A dead-end street shall be no more than 300 feet long. The public works director may approve longer cul-de-sac lengths, not to exceed 600 feet, where site-specific conditions such as environmental or topographical constraints, existing development patterns, or compliance with other standards in this title preclude street extension and through-circulation.
K.
Repealed by Ord. 778.
L.
Streets Adjacent to Railroad Right-of-Way. Wherever the proposed development contains or is adjacent to a railroad right-of-way, a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the land shall be created. New railroad crossings and modifications to existing crossings are subject to review and approval by Oregon Department of Transportation.
M.
Development Adjoining Arterial Streets. Where a development adjoins or is crossed by an existing or proposed arterial street, the development design shall separate residential access and through-traffic, and shall minimize traffic conflicts. The design shall include one or more of the following:
1.
A parallel access street along the arterial with a landscape buffer separating the two streets;
2.
Deep lots abutting the arterial or major collector to provide adequate buffering with frontage along another street. Double-frontage lots shall conform to the buffering standards in PMC § 18.60.020(F);
3.
Screen planting at the rear or side property line to be contained in a nonaccess reservation (e.g., public easement or tract) along the arterial; or
4.
Other treatment suitable to meet the objectives of this subsection;
N.
Alleys, Public or Private. Alleys shall conform to the design specifications. While alley intersections and sharp changes in alignment shall be avoided, the corners of necessary alley intersections shall have a radius of not less than 12 feet.
O.
Private Streets. Private streets shall not be used to avoid connections with public streets. Gated communities (i.e., where a gate limits access to a development from a public street) are prohibited. Design standards for private streets shall conform to the provisions established by the city.
P.
Street Names. No street name shall be used which will duplicate or be confused with the names of existing streets in Benton County, except for extensions of existing streets. Street names, signs and numbers shall conform to the established pattern in the surrounding area, except as requested by emergency service providers.
Q.
Survey Monuments. Upon completion of a street improvement and prior to acceptance by the city, it shall be the responsibility of the developer's registered professional land surveyor to provide certification to the city that all boundary and interior monuments shall be reestablished and protected.
R.
Street Signs. Street signs shall be installed according to the applicable city, county or state standards with jurisdiction for traffic control and street names. The cost of signs required for new development shall be the responsibility of the developer. Street name signs shall be installed at all street intersections. Stop signs and other signs may be required.
S.
Mailboxes. Plans for mailboxes to be used shall be approved by the United States Postal Service. Where mailboxes are installed in the sidewalk, a radius shall be provided around the structure to maintain the minimum sidewalk width.
T.
Streetlight Standards. Streetlights shall be installed in accordance with city standards.
U.
Street Cross-Sections. The final lift of asphalt or concrete pavement shall be placed on all new constructed public roadways prior to final city acceptance of the roadway and within one year of the conditional acceptance of the roadway unless otherwise approved by the city. The final lift shall also be placed no later than when 20 percent of the structures in the new development are completed or two years from the commencement of initial construction of the development, whichever is less.
V.
Traffic Impact Study.
1.
Traffic Impact Study – Applicability. A traffic impact study shall be submitted with a land use application if any of the conditions in subsections (V)(1)(a) through (f) of this section apply.
a.
The proposed development is estimated to generate 1,000 or more trips daily on any arterial or collector street;
b.
The proposed development is estimated to generate 200 or more trips daily on any local street, including alleys and mid-block lanes;
c.
The proposal is immediately adjacent to an intersection that is functioning at a level of service below LOS D, the city's minimum acceptable operating condition during the weekday peak hour;
d.
An amendment to the comprehensive plan map or a zone change is proposed;
e.
The road authority indicates in writing that the proposal may have operational or safety concerns along its facility(ies); or
2.
Preparation. The traffic impact study shall be prepared by a professional engineer registered in the state of Oregon. The study scope and content shall be determined in coordination with the city public works director or designee. Traffic impact analyses required by Benton County or ODOT shall be prepared in accordance with the requirements of those road authorities. Preparation of the study report is the responsibility of the land owner or applicant.
3.
Approval Criteria. The traffic impact study report shall be reviewed according to the following criteria:
a.
The study complies with the content requirements set forth by the city and/or other road authorities as appropriate;
b.
The study demonstrates that adequate transportation facilities exist to serve the proposed land use action or identifies mitigation measures that resolve identified traffic safety problems in a manner that is satisfactory to the road authority;
c.
For affected city facilities, the study demonstrates that the project meets mobility and other applicable performance standards established in the adopted transportation system plan, and includes identification of multi-modal solutions used to meet these standards, as needed; and
d.
Proposed design and construction of transportation improvements are in accordance with the design standards and the access spacing standards specified in the transportation system plan.
4.
Conditions of Approval.
a.
The city may deny, approve, or approve a proposal with conditions necessary to meet operational and safety standards; provide the necessary right-of-way for planned improvements; and require construction of improvements to ensure consistency with the future planned transportation system.
b.
Construction of off-site improvements may be required to mitigate impacts resulting from development that relate to capacity deficiencies and public safety; and/or to upgrade or construct public facilities to city standards.
c.
Where the existing transportation system is shown to be impacted by the proposed use, improvements such as paving, curbing, installation of or contribution to traffic signals, and/or construction of sidewalks, bikeways, access ways, paths, or streets that serve the proposed use may be required.
d.
Improvements required as a condition of development approval, when not voluntarily provided by the applicant, shall be roughly proportional to the impact of the development on transportation facilities. Findings in the development approval shall indicate how the required improvements directly relate to and are roughly proportional to the impact of development.
W.
Transit Access and Supportive Facilities. Development that is proposed adjacent to an existing or planned transit stop, as designated in an adopted transportation or transit plan, shall provide the following transit access and supportive facilities in coordination with the transit service provider:
1.
Reasonably direct pedestrian connections between the transit stop and primary entrances of the buildings on site. For the purpose of this section, "reasonably direct" means a route that does not deviate unnecessarily from a straight line or a route that does not involve a significant amount of out-of-direction travel for users.
2.
The primary entrance of the building closest to the street where the transit stop is located is oriented to that street.
3.
A transit passenger landing pad that is ADA accessible.
4.
An easement or dedication for a passenger shelter or bench if such an improvement is identified in an adopted plan.
5.
Lighting at the transit stop.
6.
Other improvements identified in an adopted transportation or transit plan.
(Ord. 720 § 7[3.4.1], 2003; Ord. 734 § 1, 2005; Ord. 778 § 4, 2011; Ord. 832 §§ 18, 19, 2018)
§ 18.80.030 Public use areas.
A.
Dedication Requirements.
1.
Where a proposed park, playground or other public use shown in a plan adopted by the city is located, in whole or in part, in a subdivision, the city may require the dedication or reservation of this area on the final plat for the subdivision.
2.
If determined by the city to be in the public interest, in accordance with adopted comprehensive plan policies, and where an adopted plan of the city does not indicate proposed public use areas, the city may require the dedication or reservation of areas within the subdivision of a character, extent and location suitable for the development of parks and other public uses.
3.
All required dedications of public use areas shall conform to PMC § 18.80.010(D), Conditions of development approval.
B.
Acquisition by Public Agency. If the developer is required to reserve land area for a park, playground, or other public use, the land shall be acquired by the appropriate public agency within 24 months following final plat approval, at a price agreed upon prior to approval of the plat, or the reservation shall be released to the property owner.
C.
System Development Charge Credit. Dedication of land to the city for public use areas shall be eligible as a credit toward any required system development charge for parks.
(Ord. 720 § 7[3.4.2], 2003)
§ 18.80.040 Sanitary sewer and water service improvements.
A.
Sewers and Water Mains Required. Sanitary sewers and water mains shall be installed to serve each new development and to connect developments to existing mains, in accordance with the city's construction specifications and the applicable comprehensive plan policies.
B.
Sewer and Water Plan Approval. Development permits for sewer and water improvements shall not be issued until the city engineer has approved all sanitary sewer and water plans in conformance with city standards.
C.
Oversizing. Proposed sewer and water systems shall be sized to accommodate additional development within the area as designed in the master facility plans. The developer may be entitled to system development charge credits for the oversizing.
D.
Permits Denied. Development permits may be restricted by the city where a deficiency exists in the existing water or sewer system which cannot be rectified by the development and which if not rectified, will result in a threat to public health or safety, surcharging of existing mains, or violations of state or federal standards pertaining to operation of domestic water and sewerage treatment systems. Building moratoriums shall conform to the criteria and procedures contained in ORS 197.505.
(Ord. 720 § 7[3.4.3], 2003)
§ 18.80.050 Storm drainage.
A.
General Provisions. The city shall issue a development permit only where adequate provisions for stormwater and floodwater runoff have been made in conformance with Chapter 18.85 PMC, Hillside and Erosion Control Overlay.
B.
Accommodation of Upstream Drainage. Culverts and other drainage facilities shall be large enough to accommodate potential runoff from the entire upstream drainage area, whether inside or outside the development or city. Such facilities shall be subject to review and approval by the city engineer.
C.
Effect on Downstream Drainage. Where it is anticipated by the city engineer that the additional runoff resulting from the development will overload an existing drainage facility, the city shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with city standards.
D.
Easements. Where a development is traversed by a watercourse, drainage way, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width as will be adequate for conveyance and maintenance.
(Ord. 720 § 7[3.4.4], 2003)
§ 18.80.060 Utilities.
A.
Underground Utilities. All utility lines including, but not limited to, those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface-mounted transformers, surface-mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, and high capacity electric lines operating at 50,000 volts or above. The following additional standards apply to all new subdivisions, in order to facilitate underground placement of utilities:
1.
The developer shall make all necessary arrangements with the serving utility to provide the underground services. Care shall be taken to ensure that all above-ground equipment does not obstruct vision clearance areas for vehicular traffic (Chapter 18.65 PMC);
2.
The city reserves the right to approve the location of all surface-mounted facilities;
3.
All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and
4.
Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made.
B.
Easements. Easements shall be provided for all underground utility facilities.
(Ord. 720 § 7[3.4.5], 2003)
§ 18.80.070 Easements.
Easements for sewers, storm drainage and water quality facilities, water mains, electric lines or other public utilities shall be dedicated on a final plat, or provided for in the deed restrictions. See also Chapter 18.110 PMC, Development Review and Site Design Review, and Chapter 18.115 PMC, Land Divisions and Lot Line Adjustments. The developer or applicant shall make arrangements with the city, the applicable district and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. The city's standard width for public main line utility easements shall be 15 feet unless otherwise specified by the utility company, applicable district, or city engineer.
(Ord. 720 § 7[3.4.6], 2003)
§ 18.80.080 Construction plan approval and assurances.
No public improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting, parks, or other requirements shall be undertaken until the plans have been approved by the city, permit fee paid, and permit issued. The permit fee is required to defray the cost and expenses incurred by the city for construction and other services in connection with the improvement. The permit fee shall be set by city council. The city may require the developer or subdivider to provide bonding or other performance guarantees to ensure completion of required public improvements. See also PMC § 18.110.040, Site design review, and PMC § 18.115.090, Performance guarantee.
(Ord. 720 § 7[3.4.7], 2003)
§ 18.80.090 Installation.
A.
Conformance Required. Improvements installed by the developer either as a requirement of these regulations or at his/her own option, shall conform to the requirements of this chapter, approved construction plans, and to improvement standards and specifications adopted by the city.
B.
Adopted Installation Standards. The standard specifications for public works construction, Oregon Chapter A.P.W.A., shall be a part of the city's adopted installation standard(s); other standards may also be required upon recommendation of the city engineer.
C.
Commencement. Work shall not begin until the city has been notified in advance.
D.
Resumption. If work is discontinued for more than one month, it shall not be resumed until the city is notified.
E.
City Inspection. Improvements shall be constructed under the inspection and to the satisfaction of the city. The city may require minor changes in typical sections and details if unusual conditions arising during construction warrant such changes in the public interest. Modifications requested by the developer shall be subject to land use review under Chapter 18.130 PMC, Modifications to Approved Plans and Conditions of Approval. Any monuments that are disturbed before all improvements are completed by the subdivider shall be replaced prior to final acceptance of the improvements.
F.
Engineer's Certification and As-Built Plans. A registered civil engineer shall provide written certification in a form required by the city that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, conform to approved plans and conditions of approval, and are of high grade, prior to city acceptance of the public improvements, or any portion thereof, for operation and maintenance. The developer's engineer shall also provide one set(s) of "as-built" plans, in conformance with the city engineer's specifications, for permanent filing with the city.
(Ord. 720 § 7[3.4.8], 2003)
§ 18.85.010 Purpose.
The purpose of this overlay district is to promote the public health, safety, water quality and general welfare. Provisions under this section are designed to:
A.
Restrict or prohibit uses, activities or development which is damage-prone or damage-inducing to the land or to water quality.
B.
Require uses vulnerable to landslides, including public facilities which serve such uses, to be protected at the time of initial construction.
C.
Allow the development of land only for those uses which are suitable on steep slopes.
D.
Maintain land and water quality by minimizing erosion and sedimentation, and by restricting or prohibiting development, excavation and vegetation removal in areas with constrained or steep slopes.
E.
Comply with Statewide Planning Goals 6 (Air, Water and Land Resources Quality) and 7 (Natural Hazards).
(Ord. 720 § 7[3.5.100], 2003)
§ 18.85.020 Areas of application.
The hillside and erosion control overlay district shall apply to land on slopes of 20 percent or greater.
A.
Delineation of Boundaries. The hillside and erosion control overlay district shall be mapped generally by the city of Philomath, and shall consist of steep slope and constrained slope areas.
1.
Steep slope areas include all areas in the city of Philomath where the slope of the land is 30 percent or greater.
2.
Constrained slope areas include all areas where the slope of the land is between 20 and 30 percent.
3.
Specific determination of steep slope and constrained slope areas shall be made at the time of a development proposal by the applicant for alteration or development for the respective properties within the hillside and erosion control overlay district, based on the topographic map and field survey.
4.
Areas subject to the restrictions and prohibitions of this overlay district are generally indicated on the map entitled, "City of Philomath Slope Map," on file with the city of Philomath.
a.
Where development, excavation or vegetation removal is proposed for areas with 20 percent or greater slope, a licensed land surveyor shall prepare an on-the-ground topographical survey for the entire site. The survey shall show trees or tree clusters and two-foot contours, and shall be provided by the property owner or applicant for development approval.
b.
Areas with constrained slopes and areas with steep slopes shall be specifically indicated on the required survey maps.
B.
Warning and Disclaimer of Liability. The degree of landslide protection required by this title is considered reasonable for regulatory purposes, and is based on common engineering and scientific practices. Landslides may occur on rare occasions in areas outside of the delineated steep slope and constrained slope boundaries. This title does not imply that areas outside the hillside and erosion control overlay district boundaries, or land use permitted within such boundaries, will be free from significant mass movement or landslide damage. This section shall not create city of Philomath liability for damage resulting from reliance on the provisions of this section or any administrative decision lawfully made thereunder.
(Ord. 720 § 7[3.5.200], 2003)
§ 18.85.030 Uses.
A.
Uses Allowed – Steep Slopes.
1.
Open space and trails provided they are constructed consistent with standards on file with the city of Philomath.
2.
Removal of refuse and unauthorized fill.
3.
Removal of nuisance or invasive plant species, or planting of approved vegetation species on the native plant list kept on file at the city of Philomath.
4.
Removal of dead or dying trees that are an imminent danger to public safety as determined by the planning official.
5.
Construction of roads designated in the transportation system plan and public utilities necessary to support permitted development on slopes of 20 percent or less, subject to construction standards on file at the city of Philomath.
6.
Expansion of existing roadways and public utility facilities necessary to support permitted development on slopes of 20 percent or less, subject to construction standards on file at the city of Philomath.
B.
Prohibited Uses. Prohibited uses on slopes of 30 percent or greater, unless specifically permitted under PMC § 18.85.040:
(Ord. 720 § 7[3.5.300], 2003; Ord. 737 § 1, 2006)
§ 18.85.040 Hillside development standards.
A.
Standards.
1.
The property shall have access to a public street. All streets shall be built to a width and street improvement standard acceptable to the city of Philomath. The parcel can be adequately served by the city water supply and sanitary sewer systems, or meets applicable state standards for individual sewage disposal systems.
2.
Where slopes are 30 percent or greater, grading, approved vegetation removal, site preparation and construction shall be prohibited, except where necessary to provide access or utilities to buildable lots with slopes of 30 percent or less.
a.
Land with slopes of 30 percent or greater shall be conserved and maintained as open space. This may occur through private ownership, through private conditions, covenants and restrictions, through conservation easements enforceable by the city of Philomath or other public or private nonprofit agency, or where approved by the city, dedication to the city of Philomath or donation to other appropriate public or private nonprofit agency.
b.
Disturbed areas shall be replanted in approved native vegetation and tree cover by October 15th following any disturbance regulated by this title.
3.
Where development is proposed on slopes of 20 percent or greater:
a.
The impervious surface area of any residential lot or commercial or industrial site (including driveways, sidewalks, structures, swimming pools, and any other area not covered by vegetation) shall not exceed 30 percent of the constrained slope area;
b.
Development shall not result in cuts or fills in excess of three feet, except for basement construction, unless specifically approved by the planning official.
c.
At least half the constrained slope area shall remain in or be planted in approved native vegetation. The existing tree canopy shall be retained wherever possible and shall be considered in meeting this standard.
d.
If development is proposed on constrained or steep slope areas, a mitigation plan for disturbed areas on constrained or steep slope areas shall be prepared and implemented. This plan shall provide for the replanting and maintenance of approved native plant species designed to achieve predisturbance conditions.
4.
The applicant's engineer shall provide a construction erosion control plan and water quality plan, consistent with the provisions of this title and consistent with the state or federal stormwater control programs.
5.
The applicant's engineering plans shall certify that runoff and sedimentation from the site will not be greater than conditions present on the site as of the effective date of the ordinance codified in this chapter.
B.
Submission Requirements. For the purpose of minimizing landslide hazards, and where development is proposed on slopes of 20 percent or greater, the planning official shall require submission of the following special reports, prepared by professionals in their respective fields:
1.
Hydrology and Geology Report. This report is required for subdivisions of two acres or more. This report shall include information on the hydrological activities of the site, the effect of hydrologic conditions on the proposed development, and any hydrological or erosion hazards. This report shall also include geological characteristics of the site, its suitability for development, its carrying capacity, and any geological hazard that might present a hazard to life and property, or adversely affect the use or stability of a public facility or utility.
2.
Soils Report. A soils report is required for all new development. This report shall include information on the nature, distribution and strength of existing soils, the adequacy of the site for development purposes, and an assessment of grading procedures required to impose the minimum disturbance to the natural state.
3.
Grading Plan. The grading shall be specific to a proposed physical structure or use. It shall include information on terrain (two-foot contours), drainage, direction of drainage flow, location of proposed structures and existing structures which may be affected by the proposed grading operations, water quality facilities, finished contours or elevations, including all cut and fill slopes and proposed drainage channels. Project designs, including but not limited to, locations of surface and subsurface devices, walls, dams, sediment basins, storage reservoirs, and other protective devices shall form part of the submission. The grading plan shall also include a construction phase erosion control plan and a schedule of operations and shall be prepared by a professional engineer registered in Oregon.
4.
Vegetation Report. This report shall consist of a survey of vegetative cover, whether it is native or introduced, and how it will be altered by the proposed development. Measures for revegetation with approved native plant species will be clearly stated, as well as methods for immediate and long-term stabilization of slopes and control of soil erosion. The vegetation report shall be prepared by a landscape architect, landscape designer, botanist, arborist, or natural resource planner with specific knowledge of native plant species, planting and maintenance methods, survival rates, and their ability to control erosion and sedimentation. The applicant will be responsible for replacing any native plant species that do not survive the first two years after planting.
5.
Design Standards. The required reports shall include design standards necessary for the engineer and landscape expert to certify that development on slopes of 20 percent or greater, when combined with impacts from development of lesser slopes, will not increase runoff, sedimentation to affected streams or wetlands, erosion, or landslide potential above base conditions. These requirements shall be incorporated as conditions into the final decision approving the proposed development.
C.
Residential Density Allowance and Transfer Provisions.
1.
Constrained Slopes. The maximum residential density allowed in constrained slopes areas shall be 70 percent of the average density otherwise permitted in the underlying residential zoning district.
2.
Steep Slopes. Density may be transferred to buildable portions of the site (i.e., where slopes are less than 15 percent and outside the floodplain) at a rate of one unit per steeply sloped acre.
3.
The net increase in density as a result of density transfer shall not exceed 50 percent of the base density that would otherwise be allowed on buildable portions of the lot.
4.
Exception: Each lot of record that has received planning approval from city of Philomath may have one dwelling unit; provided, that the siting, engineering, erosion control, water quality and revegetation standards of this section have been fully satisfied. No new lot shall be approved for development that is exclusively on slopes of 30 percent or greater.
(Ord. 720 § 7[3.5.400], 2003)
§ 18.85.050 Approval procedure – Type II.
A.
The planning official shall approve new development for a single-family or two-family dwelling under the Type II procedure within the hillside and erosion control overlay district only if the proposed use or structure meets all of these conditions:
2.
Adequate protection is utilized to minimize landslide and erosion hazards consistent with this title.
3.
The applicant provides assurances that development impacts will be minimized on slopes greater than 30 percent; provided however, that a property owner shall not be denied the right to construct a single-family home on a residentially zoned lot of record approved by the city of Philomath prior to the effective date of the ordinance codified in this chapter.
4.
Notwithstanding the provisions on variance, an adjustment of up to 50 percent from any dimensional standard in the underlying zoning district may be approved under Type I procedure, where necessary, to avoid construction on slopes of 30 percent or greater or to meet the standards of PMC § 18.85.040.
5.
It is in conformance with the provisions of the city of Philomath development code.
B.
The planning official shall determine the final boundaries of constrained slope and steep slope areas based on topographical information provided by an engineer or surveyor registered in Oregon. The applicant shall be responsible for submitting such information.
(Ord. 720 § 7[3.5.500], 2003)
§ 18.85.060 Approval procedure – Type III.
The planning commission may approve new developments for more than one single-family or two-family dwelling within the hillside and erosion control overlay district under a Type III procedure; provided, that the proposed use or structure meets all of these conditions:
B.
Adequate protection is utilized to minimize landslide and erosion hazards, consistent with this title.
(Ord. 720 § 7[3.5.600], 2003; Ord. 734 § 1, 2005)
§ 18.90.010 Density transfers.
A.
Purpose. The purpose of this chapter is to implement the comprehensive plan and encourage the protection of open spaces through the allowance of housing density transfers. "Density transfers" are the authorized transfer of allowed housing units (per Division 2) from one portion of a property to another portion of the same property, or from one property to another property with the same zone designation.
B.
Determination of Allowable Housing Units. The number of allowed housing units on a property is based on the surface area of the property (acres) times the maximum allowed housing density in Division 2, less 20 percent for streets and public ways.
C.
Density Transfer Authorized. Allowed housing units may be transferred from one portion of a property to another portion of the same property, or from one property to another property. A density transfer shall not be approved unless it meets one or more of the criteria in subsections (C)(1) through (C)(3) of this section, and it conforms to subsections (D) and (E) of this section:
1.
Protection of sensitive land areas as defined in Chapter 18.55 PMC (and listed below) either by dedication to the public or a land trust, or by a nonrevocable conservation easement. Sensitive land areas include:
2.
Dedication of land to the public for park or recreational purposes; or
3.
The density transfer is used to develop a mix of single-family and multifamily housing on the same property or development site.
D.
Prohibited Density Transfers. Density shall not be transferred from: land proposed for street right-of-way, stormwater detention facilities, private streets, and similar areas that do not provide open space or recreational values to the public.
E.
Density Transfer Rules. All density transfers shall conform to all of the following rules:
1.
Allowed housing units shall be transferred only to buildable lands (receiving areas). The number of allowed housing units shall be reduced on properties from which density is transferred (sending areas) based on the number of housing units transferred. The new number of housing units allowed on the sending area shall be recorded on a deed for the property that runs with the land. The deed shall state that the number of allowed housing units is subject to review and approval by the city, in accordance with current zoning and development codes;
2.
The number of units which can be transferred is limited to the number of units which would have been allowed on 50 percent of the unbuildable area if not for these regulations; and
3.
The total number of housing units per property or development site shall not exceed 100 percent of the maximum number of units per gross acre permitted under the applicable comprehensive plan designation, except as otherwise permitted through the master planned development process (Chapter 18.125 PMC).
(Ord. 720 § 7[3.6.1], 2003)
§ 18.95.010 Purpose.
This comprehensive sign code has been prepared by and for the citizens of Philomath in order to provide equitable methods of business identification, increase the aesthetic value and economic vitality of the city, and a safe, consistent, and legal system of signing. The regulations of such factors as size, location, construction, etc., will encourage the communication of information and orientation for both visitors and citizens, motorist and pedestrians; provide for the effective identification and advertisement of business establishments; eliminate visual blight; and provide standards to safeguard life, health, property and public welfare. Although the provisions of this comprehensive sign code are physically located within the development code, it is not intended to be a land use ordinance, nor is it intended to implement comprehensive plan or state land use planning goal provisions.
(Ord. 720 § 7[3.7.100], 2003; Ord. 731, 2005)
§ 18.95.020 Definitions.
As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:
1. "Building frontage"
means the linear frontage of a building measured along a street or alley between two lines projecting perpendicular from the street to the corners of the building.
2. "Canopy"
means a structure made of cloth, metal or other material with frames affixed to a building.
3. "Construction sign"
means any information sign which identifies the architect, engineers, contractors, and other individuals or firms involved with the construction of a building, or announcing the character of the building or enterprise, which is erected during the building construction period.
4. "Daily display sign"
means a nonpermanent sign, normally associated with a business activity, that is placed out-of-doors during business hours for display and returned indoors during off-hours. For example, daily display signs may be constructed in a sandwich board (A-frame) style, mounted on a single pedestal, or other similar construction, and are typically unlit and easily moved. Refer to PMC § 18.95.030(A)(7).
5. "Electronic changing sign"
means an electronic sign upon which all or part of the copy, graphics or message may appear, or change, periodically. This definition includes all forms of alterable display mediums such as LED, LCD, incandescent, moving placard or other display or illumination technologies similar to time and temperature displays, which, by its nature and intensity, shall not be considered a flashing sign.
6. "Flashing sign"
means any sign that contains or is illuminated by a light source which produces a brilliant flash followed by dramatically reduced intensity or darkness on an alternating or random basis, which results in a pulsating effect designed primarily to attract attention.
7. "Freestanding sign"
means any sign set apart with no structural attachments to a building structure and is meant to include ground-mounted or pole-affixed signs for the purpose of these regulations.
9. "Ground sign"
means a sign that is affixed to the ground and or supported by one or more uprights, poles, lanyards or braces in or upon the ground where substantially all of the sign is at or about ground grade. Refer to PMC § 18.95.030(A)(8).
10. "Height" or "height of sign"
means the vertical distance from the surface of the grade to the highest point of a sign or any vertical projection thereof, including its supporting columns.
11. "Incidental sign"
means small signs, intended primarily for the convenience of the public. Included are signs designating restrooms, address numbers, hours of operation, entrances to buildings, directions, help wanted, public telephone, etc. Also included in this group of signs are those designed to guide or direct pedestrians or vehicular traffic to an area or place on the premises of a business, building or development by means of a directory designating names and addresses. Refer to PMC § 18.95.030(A)(9).
12. "Lighting, indirect or internal"
means any illuminated sign constructed such that the source of said illumination is not directly visible when the sign is lighted. Refer to PMC § 18.95.030(A)(12).
13. "Moving sign"
means any sign which produces apparent motion of the visual image, including but not limited to illusion of moving objects, moving patterns or bands of light, expanding or contracting shapes, rotation or any similar effect of animation which is designed or operated in a manner primarily to attract attention. This definition includes methodologies wherein the sign itself may also be physically moving.
14. "Pole sign"
means a single- or multiple-faced sign, supported by one or more uprights in the ground and detached from any building or structure where the preponderance of the sign is typically well above grade level. Refer to PMC § 18.95.030(A)(10).
15. "Portable sign"
means any sign not meeting the anchorage requirements of the Uniform Sign Code.
16. "Projecting sign"
means a single- or multiple-faced sign which is designed and constructed to be mounted to the wall of a building and which will extend outward from the wall surface.
17. "Property line"
means the line denoting the limits of legal ownership of property.
18. "Readerboard"
means a sign or part of a sign on which the letters are readily manually replaceable such that the copy can be changed from time to time at will. An electronic "readerboard" falls under the definition of electronically changing signs above.
19. "Roof sign"
means any sign erected upon, against, or directly above a roof or on top of or above the parapet of a building, including a sign affixed to any equipment attached to the building.
20. "Sandwich style ("A") boards"
means any double-faced sign hinged or connected at the top that is spread for stabilization and set upon the ground.
21. "Seasonal signs"
means any sign typically used for temporary businesses, such as Christmas tree or fireworks sales.
22. "Sign"
means any medium, including its structure and component parts, other than paint on a building, which is used or intended to be used to attract attention to the subject matter for communication purposes.
23. "Sign area"
means the surface contained within a single continuous perimeter which encloses the entire sign medium, but excluding any support or framing structure that does not convey a message. Where signs are of a three-dimensional, round, or other solid shape, the largest cross-section viewed as a flat projection shall be used for the purpose of determining the sign area. Signs visible from more than one direction or without clearly defined sign faces shall be considered as having two faces and each face calculated in the total allowable area.
24. "Street frontage"
means street(s), alley(s), or public right(s)-of-way parallel to the property line used to compute the area of sign(s) intended to be located in such a manner as to have primary exposure on that street or right-of-way.
25. "Temporary sign"
means any sign, banner, pendant, valance, or other advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light material intended to be displayed for short or intermittent periods. Refer to PMC § 18.95.030(A)(11).
26. "Traffic control device"
means any form of communication medium customary for the purpose of regulating the flow of traffic or pedestrians at or about a given intersection.
27. "Vision clearance area"
means a triangular area on a lot at the intersection of two public rights-of-way, a street and or a railroad, or point of vehicular access to a public right-of-way, two sides of which are lines measured from the corner intersection (apex) parallel to their respective rights-of-way, with the third side of said triangle (hypotenuse) being a line across the corner of the lot connecting the lines of the other two sides. Refer to PMC § 18.95.030(A)(13).
28. "Wall sign"
means a single-faced sign generally mounted flat against a given exterior building wall wherein the copy runs generally parallel to the wall upon which it is attached. Refer to PMC § 18.95.030(A)(6).
29. "Window sign"
means a sign which is applied to, attached to or located in the proximity of the interior of a window, and where said sign is intended to, or may be, seen through the window from the exterior of the structure.
(Ord. 720 § 7[3.7.200], 2003; Ord. 731, 2005; Ord. 755 § 1, 2009)
§ 18.95.030 Requirements, fees, and enforcement.
A.
General Sign Regulations. No sign governed by the provisions of this chapter shall be erected, structurally altered, or relocated without first receiving a sign permit from the city of Philomath. Where federal and/or state regulations or ODOT jurisdiction applies, said regulations or jurisdiction shall supersede this chapter.
1.
Installation Requirements. All signs shall comply with the following requirements and those specified by zoning district:
a.
Construction shall satisfy the requirements of the Uniform Sign Code.
b.
The National Electrical Code and Oregon Electrical Specialty Code Amendments shall govern electrical requirements for signs.
c.
Except for exempt signs and approved daily display signs, all signs shall be securely attached to a building or the ground.
d.
All signs shall conform to all vision clearance requirements.
e.
All signs, together with their supports, braces, and guys, shall be maintained in a safe and secure manner.
f.
All illuminated signs shall be internally or indirectly illuminated.
g.
Unless otherwise permitted, all signs shall be erected and maintained entirely on private property with the consent of the owner and occupant of the premises. No signs shall be erected or maintained on utility poles or other naturally occurring features. Signs shall not be placed in the public right-of-way or vision clearance areas except as required for traffic control purposes.
2.
Exempt Signs. The following signs shall be exempt from the application, permit and fee requirements of this chapter:
a.
Directional, warning or information signs or structures required or authorized by law, or by federal, state, county or city authority;
b.
Incidental signs;
c.
Official and legal notices issued by any court, public body, person or officer in performance of a public duty or in giving any legal notice;
d.
On-premises signs not generally intended to be readable from the public right-of-way (i.e., menu boards, etc.);
e.
Seasonal signs for temporary businesses provided such signs do not exceed 32 square feet in area and are limited to only one sign per street frontage. Such signs shall be limited to a display period of not more than 30 days prior and five days following the seasonal event;
f.
Incidental structures intended for a separate use such as phone booths, Goodwill containers, recycling containers, etc.;
g.
Temporary signs;
h.
Window signs affixed to, and displayed from, the inside of the building.
3.
Prohibited Signs. The following signs are prohibited:
a.
Flashing and moving signs;
b.
Portable signs, except as allowed under provisions for daily display signs;
c.
Roof signs unless specifically requested of, and approved by, the city council;
d.
Signs attached to utility, streetlight, or traffic control standard poles or otherwise located in the public right-of-way without a permit or vision clearance area;
e.
Signs in a dilapidated or hazardous condition;
f.
Signs on doors, windows, or fire escapes that restrict free ingress or egress;
g.
Signs which purport to be, are an imitation of, or resemble an official traffic sign or signal, could cause confusion with any official sign, or that make use of the words such as "STOP," "LOOK," or "DANGER," or which obstruct the visibility of any traffic control device.
4.
Freestanding Signs. All freestanding signs shall comply with the following provisions:
a.
One freestanding sign shall be permitted along each street frontage, or each 300 feet of street frontage, with one additional freestanding sign allowed on the property.
b.
A freestanding sign shall be placed behind the property line and no closer than 10 feet to any adjacent private property line.
c.
Freestanding signs may project over the public right-of-way, excepting the state highway right-of-way, unless otherwise approved; provided, they conform to the standards established for projecting signs.
d.
Freestanding signs shall not obstruct the flow of pedestrian or vehicular traffic when otherwise allowed and shall conform to all federal or state rules pertaining to said placements including, but not limited to, ADA accessibility requirements.
5.
Projecting Signs. All projecting signs shall comply with the following provisions:
a.
No projecting sign shall extend above the highest structural component of the building from which it is attached.
b.
Signs over the public right-of-way, including freestanding signs, shall conform to the following standards:
Clearance | Maximum Projection |
|---|---|
Less than 8 feet. | Not permitted. |
8 feet. | 1 foot. |
9 feet and above. | 2 feet for every foot above 8 feet in height, but no more than 9 feet. |
c.
No sign shall project within two feet of a curb line.
d.
In addition, no sign or sign structure shall project into any public alley below a height of 14 feet above grade, nor project more than 12 inches where the sign structure is located 14 feet to 16 feet above grade. The sign or sign structure may project not more than 36 inches into the public alley where the sign or sign structure is located more than 16 feet above grade.
6.
Wall Signs. All wall signs shall conform to the following provisions:
a.
Wall signs may be attached flat to or pinned away from the wall, but shall not project more than 12 inches from the wall where the bottom of the sign is higher than eight feet from grade level, and shall not project more than four inches from the wall where any portion of said sign is lower than eight feet from grade level.
b.
For purposes of this chapter, wall signs shall be exempt from the permitting process and allowable area; provided, they do not exceed 50 percent of the total allowable area or more than three signs per building.
c.
Wall signs shall not extend above the height of the wall to which they are attached.
7.
Daily Display Signs in Public Right-of-Way or Off-Premises.
a.
In zoning districts that permit daily display signs, a daily display sign may be allowed within the public right-of-way in front of the premises with which it is associated; provided, all of the following conditions are met:
i.
A city sign permit is obtained that shows location of daily display sign in the right-of-way. This permit shall be revocable in case of condition of noncompliance.
ii.
The sign is to be set back behind the curb so as not to interfere with on-street parking, or a minimum of 10 feet from the edge of the nearest street travel lane where curbs are not in place.
iii.
The sign is to be placed so as to allow at least five feet of unimpeded pedestrian sidewalk maneuvering space, such maneuvering space being located as close as possible to the building frontage.
iv.
The sign meets vision clearance requirements.
v.
The sign is properly maintained as required by subsection (A)(1) of this section.
vi.
The applicant shall assume all liability for incidents involving the sign, and execute documents satisfactory to the city, releasing and indemnifying the city for all liability arising from claims pertaining to the sign and/or its placement.
vii.
Sign dimension shall not exceed a maximum width of two feet or a maximum above-ground level height of four and one-half feet.
viii.
One sign per business is allowed.
b.
Daily display signs may be allowed off the premises, or within the public right-of-way in front of a business with which the sign is not associated, subject to the following conditions:
i.
All applicable standards of subsection (A)(7)(a) of this section.
ii.
Both the sign owner and owner of the business where the sign is placed must sign city liability exemption documents as provided in subsection (A)(7)(a)(vi) of this section.
iii.
The off-premises daily display sign will take the place of the daily display sign allowance for both the business site where it is placed and the business placing the sign.
iv.
The off-premises daily display sign will count towards the square footage requirements for both the business where it is placed and the business placing the sign.
8.
Ground Signs. The top of such signs shall be no higher than four feet above grade level.
9.
Incidental Signs. These signs shall be less than four square feet in sign area.
10.
Pole Sign Height. Pole signs shall not have any sign area lower than eight feet above grade. Public information signs are exempt from this standard.
11.
Temporary Signs. Temporary signs shall be allowed to be displayed for a period of less than 90 consecutive days in any calendar year, or as is customary for the nature of the sign's purpose.
12.
The intensity of sign lighting shall not exceed that necessary to illuminate and make legible a sign from the adjacent travel way or closest right-of-way; and the illumination of a sign shall not be obtrusive to the surrounding area.
13.
Vision Clearance Areas. The triangular vision clearance area is limited to a side distance of 30 feet from the intersection apex in residential districts, 15 feet in commercial districts and 10 feet at all alleys. The vision clearance area shall contain no signs higher than 22 feet or lower than eight feet measured from the grade of the street centerline. Signs meeting these height requirements that employ a single pole having a diameter of 18 inches or less are permitted within the vision clearance area provided no part of the sign or pole obstructs any traffic control device.
14.
Sign Permits. A property owner or his authorized agent is required to apply to the city for a sign permit by filing an application with the city using forms prescribed for the purpose. A site plan and construction drawing shall accompany the application. The city may require other drawings or information necessary to determine compliance with this chapter. The applicant shall pay any fee established by resolution or ordinance of the city council and in effect at the time said application is filed.
Prior to being issued a sign permit, the applicant shall pay, in addition to the fee established by the city council, any costs incurred by the building official/engineer in reviewing the proposed sign permit request.
15.
Code Violations and Enforcement. Any sign which is not in compliance with all the provisions of this chapter is an unlawful sign and declared to be a public nuisance.
a.
The city may order the removal of any sign erected or maintained in violation of this chapter. It shall give 24 hours' notice in writing to the owner of such sign, or of the building structure, or premises on which the sign is located, to remove the sign or bring it into compliance.
b.
The city may remove a sign immediately and without notice if, in its opinion, conditions pertinent to any sign installation or placement are found to present an immediate threat to the safety of the public, and is hereby authorized to take such steps as may be necessary to remove said sign and or mitigate the impending threat. Neither the city nor any of its agents shall be liable for any damage to the sign, or any fixtures used in the placement of said sign.
c.
The violation of or failure to comply with any of the provisions of this chapter or the erection, use, or display or the allowing of, the permitting of, or the suffering of the erection, use or display of any sign not in compliance with all the provisions of this chapter is unlawful and upon conviction, the violator may be punished by a fine of not more than $250.00 and shall be required to remove such sign or to take such other action as shall be determined by the court to be necessary to bring such sign into full compliance with the provisions of this chapter.
d.
The remedies provided in this section for violations of, or failure to comply with, provisions of this chapter shall be cumulative and shall be in addition to any other remedy provided by law.
(Ord. 720 § 7[3.7.300], 2003; Ord. 731, 2005; Ord. 755 § 2, 2009)
§ 18.95.040 Zoning district requirements.
A.
Residential Zones.
1.
General. This subsection shall apply to all residential districts.
2.
Size and Height. A total sign area not exceeding 16 square feet per face per dwelling unit is permitted. Multiple-family dwellings, other allowed uses (excluding home occupations), and conditional uses may be allowed to erect one sign per street frontage not to exceed 32 square feet. In no event shall any sign exceed five feet in height.
3.
Location. Signs permitted outright in the R-1 and R-2 districts may be located anywhere on the premises except within a vision clearance area; however, no freestanding sign may exceed five feet in height or project beyond any property line. Building-mounted signs shall be wall-mounted and shall not be erected on any building roof.
B.
Commercial and Industrial Zones.
1.
General. This subsection shall apply to all commercial and industrial zones.
2.
Size. The size of allowable area of signs shall be as follows:
a.
A total sign area of two square feet for each lineal foot of building frontage or one square foot for each lineal foot of lot frontage, whichever results in the larger sign area.
b.
Freestanding or projecting signs shall be limited to 150 square feet per face. Such signs shall not exceed 30 feet in height from grade to the highest element of such signs unless otherwise restricted.
c.
One daily display sign per business, for which the maximum permitted area shall be eight square feet per display surface and 16 square feet overall.
C.
Signs in Neighborhood and Regional Shopping Centers.
1.
Signs of Individual Businesses. Within neighborhood and regional shopping centers, each individual business shall be allowed a total sign area as calculated in accordance with the underlying zone.
2.
Shopping Center Sign. In addition to the sign area allowed for individual businesses, shopping centers with more than 40,000 square feet of floor area shall be allowed one double-faced indirectly lighted sign on each street right-of-way. Such signs shall neither extend beyond the property line nor be placed in the right-of-way. These signs shall not exceed 300 square feet per face and shall not exceed 30 feet in height from grade to the highest element of the sign.
(Ord. 720 § 7[3.7.400], 2003; Ord. 731, 2005; Ord. 755 § 3, 2009)
§ 18.95.050 Nonconforming signs.
A.
Grandfather Clause. If, at the time of passage of the ordinance codified in this chapter, a sign does not conform to the provisions of this chapter, said sign may be continued and maintained in reasonable repair. This grandfather status, however, shall not prevent the city from taking action where a clear and immediate threat to the public safety and welfare exists.
B.
Alteration, Relocation or Replacement. Nonconforming signs that are structurally altered, relocated or replaced shall comply immediately with all provisions of this chapter.
C.
Destruction of a Nonconforming Sign. If a nonconforming sign is destroyed by any cause to the extent of more than 60 percent of its value, then and without further action by the city, the sign shall be subject to all applicable regulations of this chapter. For the purpose of this chapter, the value of any sign shall be the estimated cost to replace the sign in kind, as determined by the building inspector.
(Ord. 720 § 7[3.7.500], 2003; Ord. 731, 2005)