Prineville City Zoning Code

SPECIFIC ZONE

REQUIREMENTS

153.045 LIMITED RESIDENTIAL R-1 ZONE.

In an R-1 Zone, the following regulations shall apply:

(A) Purpose. The purpose of the R-1 Zone is to preserve the existing characteristics of certain residential areas within the city which are predominantly single-family, owner occupied, conventional type housing; for example, the Ochoco Heights and Northridge Areas.

(B) Specific conditions. Section 153.083 contains a list of uses with specific conditions that may apply to specific types of uses.

(C) Design review. Provisions set forth in § 153.020. Except single-family and two-family/duplex dwellings and their accessory structures.

(D) Off-street parking and loading. Provisions set forth in §§ 153.085 and 153.086.

(E) Minimum landscaping requirements. When design review is required, a minimum level of landscaping in accordance with § 153.087 shall be required.

(F) Streets and public facilities. When design review is required, streets and public facilities shall be required in accordance with § 153.194 and the City’s Standards and Specifications. These improvements include but are not limited to right-of-way dedication, streets, storm water management, sidewalks, water lines, sewer lines, access management and the like.

(G) Chapter 155, Natural Features Overlay District (NFOD) and Slope Hazard Requirements. This chapter contains provisions for the protection of riparian areas, wetlands, rimrock, Barnes Butte and construction on steep slopes.

(H) Minimum sidewalk requirements. Whether replacing or required by design review, sidewalks shall be constructed to City Standards and Specifications. The minimum sidewalk width in an R-1 Zone is five feet, unless otherwise approved under § 153.194(V)(1).

(I) Signs. In an R-1 Zone, signs are permitted in accordance with the provisions set forth in Chapter 152 as amended.

(J) Limitations on use. In an R-1 Zone, no structure or land shall be occupied or used for any purpose which creates or causes to be created any public nuisance, including but not limited to excessive odor, dust, noise, vibration, flashing light or any hazard to the general health, safety and welfare of the area. Domestic livestock are permitted, but only in compliance with those provisions set forth in § 153.096. No animal is permitted to run at large; animals shall be confined to an individual owner’s property. Any animals permitted to run at large are hereby declared a nuisance and may be abated as such.

(Ord. 1180, passed 6-14-11)

153.046 GENERAL RESIDENTIAL R-2 ZONE.

In an R-2 Zone, the following regulations shall apply:

(A) Purpose. It is the purpose of the R-2 Zone to provide for residential areas which permit a mixture of a variety of housing types at various densities in a more planned type of development design, including a minimum of nonresidential commercial convenience and service type uses in more accessible proximities for the purposes of providing for conveniences and services to the dominant intended residential users of the area.

(B) Specific conditions. Section 153.083 contains a list of uses with specific conditions that may apply to specific types of uses.

(C) Design review. Provisions set forth in § 153.020. Except single-family and two-family/duplex dwellings and their accessory structures.

(D) Off-street parking and loading. Provisions set forth in §§ 153.085 and 153.086.

(E) Minimum landscaping requirements. When design review is required, a minimum level of landscaping in accordance with § 153.087 shall be required.

(H) Minimum sidewalk requirements. Whether replacing or required by design review, sidewalks shall be constructed to City Standards and Specifications. The minimum sidewalk width in an R-2 Zone is five feet, unless otherwise approved under § 153.194(V)(1).

(I) Signs. In an R-2 Zone, signs are permitted in accordance with the provisions set forth in Chapter 152 as amended.

(J) Limitations on use. No structure or land shall be occupied or used for any purpose which creates or causes to be created any public nuisance, including but not limited to excessive odor, dust, noise, vibration, flashing light or any hazard to the general health, safety and welfare of the area. Domestic livestock are permitted, but only in compliance with those provisions set forth in § 153.096. No animal is permitted to run at large, animals shall be confined to an individual owner’s property. Any animals permitted to run at large are hereby declared a nuisance and may be abated as such.

(Ord. 1180, passed 6-14-11)

153.047 LOW DENSITY RESIDENTIAL R-3 ZONE.

In an R-3 Zone, the following regulations shall apply:

(A) Purpose. It is the purpose of the R-3 Zone to provide for housing areas which are or may be of a more transitional character, and in areas for which both public water and sewer may not be reasonably available primarily due to economic or physical limitations. It is also the purpose of the R-3 Zone to preserve the more rural characteristics of existing developed areas and/or to provide areas for those future residents which desire or demand a more rural type setting in close proximity to urban uses and services. It is further the intent of the R-3 Zone to provide for zoning which corresponds to the existing County Suburban-Residential S-R Zone that is currently applicable within the subject Urban Growth Boundary (UGB) area, thereby providing minimal impacts when transitioning from county to city jurisdiction.

(B) Specific conditions. Section 153.083 contains a list of uses with specific conditions that may apply to specific types of uses.

(D) Off-street parking and loading. Provisions set forth in §§ 153.085 and 153.086.

(E) Minimum landscaping requirements. When design review is required, a minimum level of landscaping in accordance with § 153.087 shall be required.

(H) Minimum sidewalk requirements. Whether replacing or required by design review, sidewalks shall be constructed to City Standards and Specifications. The minimum sidewalk width in an R-3 Zone is five feet, unless otherwise approved under § 153.194(V)(1).

(I) Signs. In an R-3 Zone, signs are permitted in accordance with the provisions set forth in Chapter 152 as amended.

(Ord. 1180, passed 6-14-11)

153.048 RESIDENTIAL REDEVELOPMENT R-4 ZONE.

In an R-4 Zone, the following regulations shall apply:

(A) Purpose. The purpose of the R-4 Zone is to encourage redevelopment and rehabilitation of existing housing characterized by older, deteriorating housing needing replacement by permitting higher densities, increased lot coverages, decreased setbacks and other incentives for redevelopment efforts.

(B) Specific conditions. Section 153.083 contains a list of uses with specific conditions that may apply to specific types of uses.

(C) Design review. Provisions set forth in § 153.020. Except single-family and two-family/duplex dwellings and their accessory structures.

(D) Off-street parking and loading. Provisions set forth in §§ 153.085 and 153.086.

(E) Minimum landscaping requirements. When design review is required, a minimum level of landscaping in accordance with § 153.087 shall be required.

(H) Minimum sidewalk requirements. Whether replacing or required by design review, sidewalks shall be constructed to City Standards and Specifications. The minimum sidewalk width in an R-4 Zone is five feet, unless otherwise approved under § 153.194(V)(1).

(I) Signs. In an R-4 Zone, signs are permitted in accordance with the provisions set forth in Chapter 152 as amended.

(Ord. 1180, passed 6-14-11)

153.049 HIGH DENSITY RESIDENTIAL R-5 ZONE.

In an R-5 Zone, the following regulations shall apply:

(A) Purpose. The purpose of the R-5 Zone is to provide for residential areas which permit a high density of housing in proximity to necessary services including shopping, employment, outdoor recreation and public transit. When considering the designation of a property or properties for R-5 zoning, the following criteria shall be considered:

(1) The site must be adjacent to property that is zoned for commercial or mixed uses;

(2) The site must have frontage along a street designated as a major collector or arterial or directly access a minor collector that intersects with the nearest major collector or arterial at a signalized intersection;

(3) The site must be located within 1,320 feet (one-fourth mile) of a public park of a minimum of one acre that includes a playground;

(4) The site may be required to install a public transit stop within 1,320 feet (one-fourth mile) if deemed appropriate by the local or regional transit authority;

(5) The site must encompass the full length of a city block or combine with other commercial and multifamily uses to encompass the full length of the city block;

(6) At least 50% of the uses on the opposite side of the adjacent street or streets must be zoned or developed with commercial and/or multifamily uses;

(7) If any of the above criteria cannot be met, the applicant/owner may propose to make improvements to meet the criteria as a condition of the zone change.

(B) Specific conditions. Section 153.083 contains a list of uses with specific conditions that may apply to specific types of uses.

(C) Design review. All development is subject to the design review provisions set forth in § 153.020 in addition to the following requirements:

(1) Section 153.084 attached housing standards as applicable;

(2) Articulation. In order to break up both horizontal and vertical expanses of buildings, wall and roof lines shall include offsets and other architectural methods to provide variation (i.e., pillars, entryway features, awnings, etc.);

(3) Variation of materials. In order to break up vast expanses of single-element building elevations and to provide differentiation between adjacent attached structures and floor levels, building design shall include a combination of architectural elements, features and materials;

(4) Multiple stories. All new structures shall be at least two stories;

(5) Upper-floor setbacks. Any floor above the second floor shall be set back from public right-of-way by a minimum of 15 feet. Any floor above the second floor shall be set back from the property line of an adjacent residential use (not including other uses in the R-5 Zone) by a minimum of 20 feet. Uncovered porches and balconies may be allowed within this setback area;

(6) Weather protection. Awnings and canopies are intended to protect pedestrians from the weather and to add to the architectural interest of buildings. New buildings in the R-5 Zone shall provide a weather-protected area over and/or adjacent to sidewalks and plazas;

(7) Mechanical equipment and trash receptacles. All mechanical equipment (including equipment located on the roof) and trash receptacles shall be screened with building materials consistent with the architecture of the building;

(8) Parking structures. Any parking structures shall be designed to include commercial uses along any portion of the first floor of the structure abutting a street, open space or other public or common area. Upper floors may utilize a combination of residential and commercial uses and false fronts to mask the appearance of the parking structure in order to provide consistency with the architecture of surrounding buildings;

(9) Covered bicycle parking. Each building shall have access to a covered bicycle parking facility within 100 feet of the doorway.

(D) Off-street parking. In an R-5 Zone, off-street parking facilities shall meet the applicable requirements set forth in §§ 153.085 and 153.086; however, 50% of the adjacent on-street parking spaces shall be counted to meet the parking needs as well as any off-site parking spaces owned or leased specifically for the subject development.

(E) Minimum landscaping requirements. When design review is required, a minimum level of landscaping in accordance with § 153.087 shall be required.

(H) Minimum sidewalk requirements. Whether replacing or required by design review, sidewalks shall be constructed to City Standards and Specifications. The minimum sidewalk width in an R-5 Zone shall be compatible with the development design and surrounding area.

(I) Signs. In an R-5 Zone, signs are permitted in accordance with the provisions set forth in Chapter 152 as amended.

(J) Limitations on uses. No new single story buildings are permitted in the R-5 Zone. No structure or land shall be occupied or used for any purpose which creates or causes to be created any public nuisance, including but not limited to excessive odor, dust, noise, vibration, flashing light or any hazard to the general health, safety and welfare of the area. Domestic livestock are permitted, but only in compliance with those provisions set forth in § 153.096. No animal is permitted to run at large, animals shall be confined to an individual owner’s property. Any animals permitted to run at large are hereby declared a nuisance and may be abated as such.

(Ord. 1180, passed 6-14-11; Am. Ord. 1208, passed 12-9-14)

153.050 CENTRAL COMMERCIAL C-1 ZONE.

In a C-1 Zone, the following regulations shall apply:

(A) Purpose. The purpose of the C-1 Zone is to preserve and enhance the dominant characteristics of that area of the city identified as the Downtown Core Commercial area with emphasis on pedestrian shopper convenience and safety, the enhancement of historic features, downtown improvement needs and designs and to enhance the area’s economic importance as a commercial center of the community.

(B) Specific conditions. Section 153.083 contains a list of uses with specific conditions that may apply to specific types of uses.

(D) Off-street parking and loading. Provided in accordance with the provisions set forth in §§ 153.085 and 153.086.

(E) Minimum landscaping requirements. When design review is required, a minimum level of landscaping in accordance with § 153.087 and the provisions set forth in the currently adopted Downtown Improvement Plan which shall be periodically updated by the City Council may be required.

(H) Minimum sidewalk requirements. Whether replacing or required by design review, sidewalks shall be required to be constructed in accordance with the currently adopted Downtown Improvement Plan which shall be periodically updated by the City Council. The minimum sidewalk width in a C-1 Zone shall be ten feet and comply with the City’s Standards and Specifications. Greater widths may be required; the following is guidance for certain situations:

(1) When replacing existing sidewalks greater than ten feet, they shall be replaced at the greater width. Unless approved otherwise under design review incorporating landscaping against an existing building.

(2) When replacing sidewalks less than ten feet wide the sidewalk shall be widened.

(3) Sidewalks shall not be less than existing sidewalks to which the new or replacement sidewalk is connected. If the general pattern of the street has sidewalks greater than ten feet, then the larger shall be required.

(I) Outdoor merchandising. Outdoor merchandising shall only be permitted as set forth in § 153.093, or as otherwise approved by the city.

(J) Signs. In a C-1 Zone, signs are permitted in accordance with the provisions set forth in Chapter 152 as amended.

(K) Use limitations. In a C-1 Zone, permitted uses shall be subject to the following limitations and standards:

(1) All business, service, repair, processing, storage or merchandise display shall be conducted wholly within an enclosed building, except for drive-in windows as may be approved by the Planning Commission. Display of merchandise along the outside wall of the building shall not in any case impede parking or preclude pedestrian use of walkways, sidewalks and the like; these limitations do not apply to the outside display of merchandise during a merchants’ or community sponsored promotional sale.

(2) All building frontages or primary entrances shall be constructed to the sidewalk of the primary or higher order street. In the case of a corner lot where a building has no entrances on the side street, landscaping shall be provided as a buffer to the sidewalk. Exemptions to this rule include extensions to the streetscape that include outdoor seating for restaurants, cafes, bakeries, etc., or plazas open to the public.

(3) All nonresidential uses permitted in this zone shall be screened from abutting properties in a residential zone by a sight-obscuring fence except as otherwise approved by the city.

(4) Nuisance. No structure or land shall be occupied or used for any purpose which creates or causes to be created any public nuisance, including but not limited to excessive odor, dust, noise, vibration, flashing light or any hazard to the general health, safety and welfare of the area.

(Ord. 1180, passed 6-14-11)

153.051 GENERAL COMMERCIAL C-2 ZONE.

In a C-2 Zone, the following regulations shall apply:

(A) Purpose. The purpose of the C-2 Zone is to provide for those commercial uses which are considered more desirable to be located in an area outside of the Downtown Commercial Core area, that are more dependent upon and create the highest volumes of vehicular traffic, are considered the heaviest or most intensive type of commercial uses, which actually involve a combination of heavy commercial and light industrial type uses, which commonly involve expansive areas of outside storage and displays of products and are more traveler oriented.

(B) Specific conditions. Section 153.083 contains a list of uses with specific conditions that may apply to specific types of uses.

(D) Off-street parking and loading. Provided in accordance with the provisions set forth in §§ 153.085 and 153.086.

(E) Minimum landscaping requirements. When design review is required, a minimum level of landscaping in accordance with § 153.087 shall be required.

(H) Minimum sidewalk requirements. Whether replacing or required by design review, sidewalks shall be constructed to City Standards and Specifications. The minimum sidewalk width in a C-2 Zone is eight feet. Greater widths may be required; the following is guidance for certain situations:

(1) When replacing existing sidewalks greater than eight feet they shall be replaced at the greater width. Unless approved otherwise under design review incorporating landscaping against an existing building.

(2) When replacing sidewalks less than eight feet wide the sidewalk shall be widened.

(3) Sidewalks shall not be less than existing sidewalks to which the new or replacement sidewalk is connected. If the general pattern of the street has sidewalks greater than eight feet then the larger shall be required.

(I) Outdoor merchandising. Outdoor merchandising is permitted only as set forth in this section and in § 153.093.

(J) Signs. In a C-2 Zone, signs are permitted in accordance with the provisions set forth in Chapter 152 as amended.

(K) Use limitations. In a C-2 Zone, permitted uses shall be subject to the following limitations and standards:

(1) Except for drive-in service windows and/or as approved otherwise by the city, all business, service, repair, processing, storage or merchandise display shall be conducted wholly within an enclosed building. Display of merchandise along the outside wall of the building shall only be permitted on private property, and shall not in any case preclude pedestrian use of walkways, sidewalks or other pedestrian facilities; these limitations do not apply to the outside display of merchandise during a merchants’ or community sponsored promotional sale, or to the outside display of merchandise confined to an area or facility designed for such purpose and approved by the city.

(2) All nonresidential uses permitted in this zone shall be screened from abutting residential uses by a sight-obscuring fence except as otherwise approved by the city.

(3) Nuisance. No structure or land shall be occupied or used for any purpose which creates or causes to be created any public nuisance, including but not limited to excessive odor, dust, noise, vibration, flashing light or any hazard to the general health, safety and welfare of the area.

(Ord. 1180, passed 6-14-11)

153.052 PROFESSIONAL COMMERCIAL C-3 ZONE.

In a C-3 Zone, the following regulations shall apply:

(A) Purpose. It is the purpose of the C-3 Zone to provide for a transitional area between the dominant commercial areas of the city that occur along major transportation routes and dominant residential areas by providing for a commercial area that is limited to uses which are most compatible with residential uses and which also complement the commercial uses to which the zone is adjacent.

(B) Specific conditions. Section 153.083 contains a list of uses with specific conditions that may apply to specific types of uses.

(D) Off-street parking and loading. Provided in accordance with the provisions set forth in §§ 153.085 and 153.086.

(E) Minimum landscaping requirements. When design review is required, a minimum level of landscaping in accordance with § 153.087 shall be required.

(I) Outdoor merchandising. Permitted only as set forth in this section and in § 153.093.

(J) Signs. In a C-3 Zone, signs are permitted in accordance with the provisions set forth in Chapter 152 as amended.

(K) Use limitations. In a C-3 Zone, the following use limitations shall apply to all uses permitted under this section:

(1) Nonresidential uses permitted by this section shall be screened from abutting residential uses by densely planted trees and shrubs or a sight-obscuring fence unless otherwise approved by the city.

(2) Nuisance. No structure or land shall be occupied or used for any purpose which creates or causes to be created any public nuisance, including but not limited to excessive odor, dust, noise, vibration, flashing light or any hazard to the general health, safety and welfare of the area.

(L) Additional standards and requirements. In approving a multifamily residential or nonresidential use in a C-3 Zone, the city may require additional standards and requirements considered necessary to protect the best interests of the surrounding and adjacent area. Such may include, but are not limited to, the following:

(1) Additional lot size or setback requirements.

(2) Limitations on the placement of structures and the heights thereof.

(3) Limitations on vehicular parking areas and ingress and egress.

(4) Limitations on the placement and type of signs.

(5) Require additional landscaping and screening.

(Ord. 1180, passed 6-14-11)

153.053 CONVENIENCE COMMERCIAL C-4 ZONE.

In a C-4 Zone, the following regulations shall apply:

(A) Purpose. The purpose of the Convenience Commercial C-4 Zone is to provide for limited commercial services in areas that are in close proximity to or within non-commercially zoned areas. The purpose relative thereto is to provide opportunities for basic commercial conveniences without excessive vehicular travel.

(B) Specific conditions. Section 153.083 contains a list of uses with specific conditions that may apply to specific types of uses.

(D) Off-street parking and loading. Provided in accordance with the provisions set forth in §§ 153.085 and 153.086.

(E) Minimum landscaping requirements. When design review is required, a minimum level of landscaping in accordance with § 153.087 shall be required.

(I) Outdoor merchandising. Permitted only as set forth in this section and in § 153.093.

(J) Signs. In a C-4 Zone, signs are permitted in accordance with the provisions set forth in Chapter 152 as amended.

(K) Use limitations. In a C-4 Zone, the following use limitations shall apply to all uses permitted under this section:

(1) Nuisance. No structure or land shall be occupied or used for any purpose which creates or causes to be created any public nuisance, including but not limited to excessive odor, dust, noise, vibration, flashing light or any hazard to the general health, safety and welfare of the area.

(2) The C-4 Zone is intended to complement surrounding zones. However, some zones such as industrial or airport-related zones may have potential for increased nuisance-type impacts based on the nature of the zone. As a result, C-4 zoned properties adjacent to industrial or airport zoned properties shall first consider additional design standards, as outlined in subsection (L) of this section. Additionally, C-4 zoned properties adjacent to industrial or airport properties should be prepared to tolerate the same reasonable levels of nuisance causing issues consistent with the adjacent zones. Aircraft operating in and around the airport are exempt from noise standards. All other noise levels meeting DEQ standards are considered reasonable.

(L) Additional standards and requirements. In approving uses in a C-4 Zone, the city may require additional standards and requirements considered necessary to protect the best interests of the surrounding and adjacent area. Such may include, but is not limited to, the following:

(1) Additional lot size or setback requirements.

(2) Limitations on the placement of structures and the heights thereof.

(3) Limitations on vehicular parking areas and ingress and egress.

(4) Limitations on the placement and type of signs.

(5) Require additional landscaping, screening and/or fencing.

(Ord. 1180, passed 6-14-11; Am. Ord. 1278, passed 10-25-22)

153.054 RECREATION COMMERCIAL C-5 ZONE.

In a C-5 Zone, the following regulations shall apply:

(A) Purpose. The purpose of the Recreation Commercial C-5 Zone is to provide for those commercial uses which are most closely related to the recreation tourism resources of the area in which the zone is located. The recreation tourism resources of the one area to which this zone is initially designated include the County Fairgrounds, the Crooked River, the Crooked River-Les Schwab Fields complex and Highway 27 providing access to the Prineville Reservoir and the Crooked River Back Country Area which includes significant geological features such as Chimney Rock and the Palisades. Uses permitted in this zone are to be limited in retail floor space in order to minimize the competitive level with the Downtown Core Commercial area of the city.

(B) Specific conditions. Section 153.083 contains a list of uses with specific conditions that may apply to specific types of uses.

(D) Off-street parking and loading. Provided in accordance with the provisions set forth in §§ 153.085 and 153.086.

(E) Minimum landscaping requirements. When design review is required, a minimum level of landscaping in accordance with § 153.087 shall be required.

(I) Outdoor merchandising. Outdoor merchandising is permitted only as set forth in this section and in § 153.093.

(J) Signs. In a C-5 Zone, signs are permitted in accordance with the provisions set forth in Chapter 152 as amended.

(K) Use limitations. In a C-5 Zone, permitted uses shall be subject to the following limitations and standards:

(1) Except as approved otherwise by the city, particularly as such is common to a specific use type, all business, service, repair, processing, storage or merchandise display shall be conducted wholly within an enclosed building or other approved enclosure, except for drive-in windows. Display of merchandise along the outside wall of the building shall not extend more than three feet from the wall, and be on private property only, except during a city approved merchants’, community, fairgrounds, parks or other nonprofit organizational sponsored promotional sale or event; the sales and/or events occurring on a regular annual basis need not be approved annually, but may be approved by the city on an ongoing basis as annual events.

(2) All nonresidential uses permitted in this zone shall be screened from abutting properties in a residential zone by a sight-obscuring fence except as otherwise approved by the city.

(L) Use criteria. In addition to the standards and regulations set forth by this section relative to a permitted use under this section, and in addition to standards and regulations that may be set forth by § 153.135 et seq. or other sections of this chapter relative to a specific use, the following criteria shall be considered by the city in approving or denying an application for a use permitted under this section:

(1) An application for a use permitted by this section may be denied if, in the findings of the city, the proposed use is not related to or beneficial to the recreation-tourism resources or industry, or the overall economic and social amenities of the community, the city and the county.

(2) An application for a use permitted by this section may be denied if the applicant fails to demonstrate that the proposed location is beneficial relative to the recreation-tourism sector and/or the overall economic and social amenities to be served, and to the benefit of the general public relative to the full development of the recreation-tourism resources of the community, the city and the county.

(M) Additional standards and requirements. In approving a nonresidential use in a C-5 Zone, the city may require additional standards and requirements considered necessary to protect the best interests of the surrounding and adjacent area. Such may include, but is not limited to, the following:

(1) Additional lot size or setback requirements.

(2) Limitations on the placement of structures and the heights thereof.

(3) Limitations on vehicular parking areas and ingress and egress.

(4) Limitations on the placement and type of signs.

(5) Require additional landscaping and screening.

(Ord. 1180, passed 6-14-11)

153.060 LIGHT INDUSTRIAL M-1 ZONE.

In an M-1 Zone, the following regulations shall apply:

(A) Purpose. The purpose of the Light Industrial M-1 Zone is to provide for a wide range of industrial uses, but limiting or excluding those industrial uses which are generally not considered compatible with adjoining commercial or residential areas and which, in many cases, involve industrial uses which involve hazardous or nuisance creating conditions.

(B) Specific conditions. Section 153.083 contains a list of uses with specific conditions that may apply to specific types of uses.

(D) Off-street parking and loading. Provided in accordance with the provisions set forth in §§ 153.085 and 153.086.

(E) Minimum landscaping requirements. When design review is required, a minimum level of landscaping in accordance with § 153.087 shall be required.

(H) Minimum sidewalk requirements. Whether replacing or required by design review, sidewalks shall be constructed to City Standards and Specifications. The minimum sidewalk width in an M-1 Zone is five feet, unless otherwise approved under § 153.194(V)(1).

(I) Outdoor merchandising. Outdoor merchandising is permitted only as set forth in this section and in § 153.093.

(J) Signs. In an M-2 Zone, signs are permitted in accordance with the provisions set forth in Chapter 152 as amended.

(K) Use limitations. In an M-1 Zone, permitted uses shall be subject to the following limitations and standards:

(1) No use shall be permitted which has been declared a nuisance by action of the city, county, state, or federal government, or by a court of competent jurisdiction.

(2) No use is permitted which is reasonably expected to create a nuisance because of noise, smoke, odor, dust or gas.

(3) For uses requiring pollution or contaminant discharge permits by an agency other than the city, final approval for the use shall not be issued by the city prior to review and approval by the applicable permit reviewing authority(ies).

(4) Materials shall be stored and grounds maintained in a manner as to prevent the attraction of or aid in the propagation of insects or rodents, or in a manner as to not otherwise create a public health hazard or attractive nuisance hazard.

(5) Points of access from a public right-of-way to properties and uses in this zone shall be so located, constructed, maintained and controlled as to minimize traffic congestion, noise and dust pollution, and shall avoid directing traffic onto residential streets or onto streets passing directly through residential, school, hospital or other noise sensitive use areas and safety zones.

(6) All uses permitted in this zone may be required to be screened from abutting residential zones.

(7) Building entrances or other openings adjacent to or across the street from a residential zone shall be prohibited if they cause glare, excessive noise or otherwise adversely affect land uses in the affected residential zone.

(8) Except as approved otherwise by the city in accordance with applicable access management provisions, there shall not be more than one ingress and one egress from properties accommodating uses permitted by this section. To minimize the number of the accesses within any given street section, permitted uses may be required to provide for shared ingress and egress or provide frontage roads.

(L) Use criteria. In the consideration of an application for a proposed use in an M-1 Zone, the city shall take into account the impact of the proposed use on nearby residential and commercial uses, on resource carrying capacities, on the capacity of transportation and other public facilities and services and on the appearance of the proposal. In the approval of an application, the city shall find that any identified measurable adverse social, economic, physical or environmental impacts are minimized or reasonably mitigated.

(M) Additional requirements. As a condition of approval of any use proposed within an M-1 Zone, the city may require the following:

(1) An increase in required setbacks.

(2) Additional off-street parking and loading facilities.

(3) Limitations on signs or lighting, time of operations and points of ingress and egress.

(4) Additional landscaping, screening and other improvements.

(5) Any other conditions considered necessary to achieve compliance with the intent and purposes of this chapter and policies of the Comprehensive Plan.

(Ord. 1180, passed 6-14-11)

153.061 HEAVY INDUSTRIAL M-2 ZONE.

In an M-2 Zone, the following provisions shall apply:

(A) Purpose. The purpose of the Heavy Industrial M-2 Zone is to provide for a wide range of industrial uses, which are generally not considered compatible with adjoining commercial or residential areas and which, in many cases, involve industrial uses which involve hazardous or nuisance creating conditions.

(B) Specific conditions. Section 153.083 contains a list of uses with specific conditions that may apply to specific types of uses.

(D) Off-street parking and loading. Provided in accordance with the provisions set forth in §§ 153.085 and 153.086.

(E) Minimum landscaping requirements. When design review is required, a minimum level of landscaping in accordance with § 153.087 shall be required.

(H) Minimum sidewalk requirements. Whether replacing or required by design review, sidewalks shall be constructed to City Standards and Specifications. The minimum sidewalk width in an M-2 Zone is five feet, unless otherwise approved under § 153.194(V)(1).

(I) Outdoor merchandising. Outdoor merchandising is permitted only as set forth in this section and in § 153.093.

(J) Signs. In an M-2 Zone, signs are permitted in accordance with the provisions set forth in Chapter 152 as amended.

(K) Use limitations. In an M-2 Zone, permitted uses shall be subject to the following limitations and standards:

(1) No use shall be permitted which has been declared a nuisance by action of the city, county, state, or federal government or by a court of competent jurisdiction.

(2) No use is permitted which is expected to create a nuisance because of noise, smoke, odor, dust or gas.

(6) All uses permitted in this zone shall be screened from abutting residential zones by a sight-obscuring fence, except for those uses permitted outright existing on or before the effective date of the ordinance codified in this chapter or as otherwise approved by the city.

(8) Except as otherwise approved or required by the city or the Oregon Department of Transportation in accordance with applicable access management provisions, there shall not be more than one ingress and one egress from properties accommodating uses permitted by this section. To minimize the number of the accesses within any given street section, permitted uses may be required to provide for shared ingress and egress, or provide frontage roads.

(L) Use criteria. In the consideration of an application for a proposed use in an M-2 Zone, the city shall take into account the impact of the proposed use on nearby residential and commercial uses, on resource carrying capacities, on the capacity of transportation and other public facilities and services and on the appearance of the proposal. In the approval of an application, the city shall find that any identified measurable adverse social, economic, physical or environmental impacts are minimized or reasonably mitigated.

(M) Additional requirements. As a condition of approval of any use proposed within an M-2 Zone, the city may require the following:

(1) An increase in required setbacks.

(2) Additional off-street parking and loading facilities.

(3) Limitations on signs or lighting, time of operations and points of ingress and egress.

(4) Additional landscaping, screening and other improvements.

(5) Any other conditions considered necessary to achieve compliance with the intent and purposes of this chapter and the applicable policies of the Comprehensive Plan.

(Ord. 1180, passed 6-14-11)

153.062 INDUSTRIAL PARK IP ZONE (FORMERLY M-3 ZONE).

In an IP Zone, the following regulations shall apply:

(A) Purpose. The purpose of the Industrial Park IP Zone is to provide for a variety of commercial, wholesale, trade and distribution, bulk retailing and industrial uses in a park or planned unit development type setting where visual appearance is a prime consideration. Uses permitted in this zone should require little or no outdoor storage of products, materials or equipment except as may otherwise be permitted in approved landscaped display areas. In many cases, such will require the limiting or exclusion of those commercial and industrial uses which commonly involve open, outside storage and outside operations that are not aesthetically attractive, that are commonly found in more intensive type industrial settings and/or involve hazardous or nuisance creating conditions, real or potential. Relative thereto, the provisions of this section are intended to do as follows:

(1) Provide a mix of clean and attractive industries and commercial uses which have no on-site or off-site impacts in terms of noise, odor, glare, lights, smoke, dust or visual types of impacts.

(2) Provide for combining building materials and appearances, parking, landscaping and other design features which physically enhance the overall attractiveness of the area.

(3) Establish and maintain high aesthetic standards and preserve and enhance the natural features of the area.

(4) Encourage originality, flexibility and innovation in site planning and development, including architecture, landscaping and graphic design.

(B) Specific conditions. Section 153.083 contains a list of uses with specific conditions that may apply to specific types of uses.

(D) Off-street parking and loading. Provided in accordance with the provisions set forth in §§ 153.085 and 153.086.

(E) Minimum landscaping requirements. When design review is required, a minimum level of landscaping in accordance with § 153.087 and subsection (K) of this section shall be required.

(H) Minimum sidewalk requirements. Whether replacing or required by design review, sidewalks shall be constructed to City Standards and Specifications. The minimum sidewalk width in an M-3 Zone is five feet, unless otherwise approved under § 153.194(V)(1).

(I) Performance design standards. In an IP Zone, structures, circulation, parking, loading and landscaping shall be designed to do the following:

(1) Avoid undue disturbance of significant vegetation, slopes, drainage ways and other natural features.

(2) Incorporate and use significant natural features to enhance the quality of the development and preserve the visual character of the site and the area.

(3) Project a positive image as viewed from both inside and outside the site.

(4) Minimize the impact of truck loading and maneuvering, and outside display areas.

(5) Minimize hazards and conflicts with airport operations.

(J) Building types and designs. Building types and designs permitted in the IP Zone shall be designed and constructed to comply with the following provisions:

(1) Are designed for the specific site to accomplish the objectives set forth in subsections (I)(1) through (5) of this section.

(2) Buildings that provide for natural light penetrations into work areas using windows, skylights, atriums, courtyards and the like are preferred.

(3) Should have distinctive public entrances into the building.

(4) Use color, materials and architectural design to visually reduce the scale and impact of large buildings.

(5) Use high image and durable exterior materials and finishes, such as masonry, architecturally treated tilt-up concrete, glass, wood or stucco or combinations thereof; metal siding materials are permitted; provided, that not less than 15% of the exterior surfaces are accented by the use of the foregoing materials in combination therewith.

(6) To the extent possible, screen or mask roof mounted mechanical equipment, except solar collection apparatus, from view.

(7) Buildings shall be oriented so that major service activity areas (for example, loading, delivery, garbage collection and the like) are away from major streets and thoroughfares, especially arterials and collectors.

(K) Landscaping.

(1) A minimum of 10% of the developed site shall be landscaped, except for sites located adjacent to an arterial or major collector, 25% of the area within 100 feet of the street shall be landscaped and shall, at a minimum, include a minimum five-foot landscaped buffer along the street.

(2) Landscaping should consist of a variety of lawn, trees, shrubbery and ground cover, and may include preserved natural vegetation.

(3) Street trees must be provided along street frontages and within off-street parking lots except where significant trees already exist; the trees are required to help delineate entrances, to provide shade and to provide permeable areas for storm water drainage.

(4) In addition to the requirements set forth in this section, a landscaping zone shall be provided and maintained in compliance with the provisions of § 153.087, particularly as related to parking lots, buffering and screening and maintenance.

(5) A bond or other financial guarantee may be required to insure landscape completion.

(L) Outdoor merchandising. Outdoor merchandising is permitted only as set forth in this section and in § 153.093.

(M) Outdoor storage/process areas.

(1) Outdoor storage of materials or products is limited and may only be permitted if fully enclosed and screened from an adjoining street, especially an arterial or major collector.

(2) No outdoor processes shall be permitted in the operation of the business except for the loading, unloading, delivery and shipping of materials and projects.

(3) Loading, unloading, delivery and/or shipping areas shall be located to the side or rear of buildings relative to adjoining streets or roads unless topography, natural features or other requirements of this section dictate front yard loading bays.

(4) Loading/unloading docks may be required to be recessed, screened or otherwise designed to be buffered from adjacent properties, streets and roads.

(5) Waste and recycle receptacles shall be maintained within enclosed structures in all cases.

(N) Display areas. All display areas shall be located within a building except when the display is common to a permitted use, and shall then be limited to a specific area designated for that purpose and appropriately designed and landscaped; the areas shall be subject to a continuing review and are subject to additional requirements, improvements and/or limitations at any time.

(O) Signs. In an IP Zone, signs are permitted in accordance with the provisions set forth in Chapter 152 as amended.

(P) Use limitations. In an IP Zone, all permitted uses shall be subject to the following limitations and standards:

(1) No use is permitted in the IP Zone which will or is expected to produce noise, fumes, gases or vibrations which exceed the standards of the State Department of Environmental Quality (DEQ).

(2) No use shall be permitted which has been declared a nuisance by action of the city, county, state or federal government or by a court of competent jurisdiction.

(3) No use is permitted which is reasonably expected to create a nuisance because of noise, smoke, odor, dust or gas.

(4) No use is permitted in the IP Zone which will or is expected to generate, release, store or deposit hazardous materials or substances except as specifically approved by the DEQ and/or any other appropriate state and/or federal agency.

(5) For uses requiring pollution or contaminant discharge permits by an agency other than the city, final approval for the use shall not be issued by the city prior to review and approval by the applicable permit reviewing authority(ies).

(6) No use is permitted in the IP Zone if determined to be hazardous to aircraft operations by the FAA or State Aeronautics.

(7) Materials shall be stored and grounds maintained in a manner as to prevent the attraction of or aid in the propagation of insects or rodents, or in a manner as to not otherwise create a public health hazard or attractive nuisance hazard or a hazard to airport operations.

(8) Except as approved otherwise by the city in accordance with applicable access management provisions, there shall not be more than one access for ingress and one egress from properties accommodating uses permitted by this section.

(Q) On-site equipment and utilities. Except as approved otherwise by the city, all on-site utility lines shall be placed underground. All roof mounted fixtures, utility cabinets or similar equipment installed above ground shall be visually screened from public view from arterial and major collector streets.

(R) Additional requirements. As a condition of approval of any use proposed within an IP Zone, the city may require the following:

(1) An increase in required setbacks.

(2) Additional off-street parking and loading facilities.

(3) Limitations on signs or lighting, time of operations and points of ingress and egress.

(4) Additional landscaping, screening and other improvements.

(5) Any other conditions considered necessary to achieve compliance with the intent and purposes of this section, this chapter and policies of the Comprehensive Plan.

(Ord. 1180, passed 6-14-11; Am. Ord. 1208, passed 12-9-14)

153.063 MIXED USE (MU) ZONE.

In an MU Zone, the following regulations shall apply:

(A) Purpose. Mixed Use (MU) Districts allow the emergence of complete neighborhoods with a mix of residential, retail, service, office and employment activities. These districts de-emphasize land use regulations, and instead permit a broader range of uses subject to design standards established in this section. Urban design standards are required in order to maintain a neighborhood commercial scale, to promote bicycle and pedestrian activity, and to maintain the unique character of the center. There are a number of benefits that could result from appropriately sited Mixed Use Zones, including:

(1) Provides a transition from one single-use zone to another (i.e., residential to commercial);

(2) Reduces dependence on automobile travel;

(3) Increases the vitality and convenience of formerly single-use zones by adding complementary uses (for example, restaurants or dry cleaners to a residential area or high density housing in proximity to a commercial center);

(4) Offers residents, including seniors and youth, the opportunity to meet some of their daily needs by walking or biking;

(5) Enhances the nighttime and weekend security of commercial areas through the presence of residents;

(6) Efficiently utilizes public investments of streets, parking, infrastructure and services through a higher intensity and mix of uses;

(7) Increases the amount of land available for housing in areas with high housing demand, lessening development pressure on nearby open space and agricultural land;

(8) Provides for more efficient transit operations by providing a higher density and greater variety of uses within a reasonable distance of a transit stop.

(B) Designation of Mixed Use Zone. Properties may be designated with the MU Zone in accordance with the procedures set forth for a quasi-judicial zone change in § 153.250 et seq., Administration and Enforcement. Application for the MU Zone on a specific property or conglomeration of properties may be made by either the property owner or the Planning Commission on its own initiative. If the application is made by a property owner, a regulating master plan for the site shall be submitted and reviewed in conjunction with the zone change.

(C) Mixed Use Zone classifications. The following shall be the Mixed Use Zone classifications. A zone change proposal may include any mix of these Mixed Use Zones as well as traditional zones or may include a single Mixed Use Zone. While there are no specific standards attached to each zone, the following purpose statements are intended to serve as a guideline for developers in preparing regulating master plans and for the Planning Commission in reviewing zone change proposals. Add open space or public square to the description of each zone.

(1) Commercial Mixed Use District (CMU). The CMU District is established where a mix of commercial with residential uses is intended to be compatible with existing nearby zoning and uses. Development within the CMU District shall have a significant commercial element, along with medium to high density residential uses. Single-family uses are also allowed but should be constructed as high density attached homes (i.e., townhomes) or used to buffer the development from adjacent single-family neighborhoods. The layout of development within the CMU District should have a central focus around the commercial and public areas (public buildings, community facilities, parks, etc.), providing clear access to these elements from the residential uses. While uniformity is not required throughout a development in a CMU District, there should be recognizable themes either throughout the development or within sub-areas of the development. Such themes should include architectural and landscape design, street layout, open space patterns and other elements that reflect the visual character of a neighborhood. The primary development objectives of the CMU District are to expand housing opportunities; allow businesses to locate in a variety of settings; provide options for living, working and shopping environments in close proximity; facilitate more intensive use of land while minimizing potentially adverse impacts; and to provide options for pedestrian-oriented lifestyles.

(2) Employment Mixed Use District (EMU). The EMU District is established where a mix of industrial uses with commercial or medium to high density residential uses is intended and compatible with existing nearby zoning and uses. Development within the EMU District shall have an employment (industrial) emphasis, but may include supporting commercial, public and/or high density residential uses. The scale of commercial uses should be designed primarily to serve employees of other commercial and industrial uses within the development and on nearby properties; commercial uses within the EMU are not intended to serve the greater Prineville area. Likewise, residential uses in an EMU District should be designed and scaled specifically to provide housing for the employees of the commercial and industrial uses within the development. Such residential uses should be carefully located to avoid conflicts with industrial uses in the development and on adjacent properties and, when possible, should be used as a transition area between industrial/commercial in the development and residential uses on adjacent properties. EMU Districts above the grade in the southwest portion of the city shall not include permanent housing due to the proximity to the airport; however, hotels and housing directly associated with an industrial development (i.e., caretaker housing, penthouse for visiting executives, etc.) may be included as part of a development proposal. Centralized public spaces (parks, plazas, community buildings, etc.) are a key feature of development in the EMU Zone in order to provide amenities for the employment base. The primary development objectives of the EMU District are to expand employment opportunities by allowing businesses to locate in a variety of locations, provide services for employees in close proximity to their work place, to increase options for workforce housing near employment centers; facilitate more intensive use of land while minimizing potentially adverse impacts; and to provide greater options and flexibility in the development of land for industrial and supporting commercial purposes.

(D) Mandatory inter-agency pre-application meeting. Any applicant requesting a zone change shall be required to attend a pre-application meeting which will be facilitated by the city. At a minimum, the applicant shall submit a draft regulating master plan as described in subsection (G) of this section. Any additional information that is required as part of the zone change and regulating master plan approval may also be submitted by the applicant in order to obtain preliminary comments. The applicant shall submit the required form and information to the city a minimum of ten days prior to the pre-application meeting.

(E) Optional pre-application Commission meeting. At the request of the applicant, the city will conduct a pre-application meeting with the Planning Commission. The purpose of this meeting would be for the applicant to obtain a general sense of the Commission’s receptiveness to a zone change on a specific property and to identify primary issues prior to investing significant resources into preparation of a full quasi-judicial zone change application. Any such pre-application meeting with the Planning Commission will be held as a public hearing in accordance with § 153.250 et seq., Administration and Enforcement.

(F) Consideration of Mixed Use Zone by Planning Commission initiative. The Planning Commission, on its own initiative, may recommend to City Council that a specific property or conglomeration of properties be changed to a Mixed Use Zone based on the following criteria and conditions:

(1) The property must be identified as a future mixed use site in the City’s Comprehensive Plan or other adopted plan, such as a framework plan or area plan;

(2) The city must obtain written consent from all owners of property under consideration for the zone change;

(3) Once the zone is changed to mixed use, no development shall take place on the subject site(s) until a regulating master plan has been reviewed and approved in accordance with this section. All infrastructure impacts (water, sewer, traffic, storm water, etc.) shall be considered at the time of review of the regulating master plan; therefore, no vesting of rights to infrastructure capacity shall be allowed, nor shall any exactions for these purposes be required, prior to the approval of a regulating master plan.

(4) Review of a zone change proposal shall be conducted in accordance with the land use action procedures in § 153.250 et seq., Administration and Enforcement.

(G) Application for Mixed Use Zone by property owner/developer. Property owners or developers may apply for a change to the Mixed Use Zone by submitting the following to the city:

(1) A quasi-judicial zone change application and fee;

(2) A written burden of proof addressing the following:

(a) Consistency of the proposed rezone with the City’s Comprehensive Plan;

(b) Compliance of the proposed zone change and associated regulating master plan with the criteria in this section;

(d) Economic report/analysis demonstrating both the need for additional acreage for proposed uses as well as the abundance of acreage for uses that would be reduced (if applicable);

(3) A regulating master plan meeting the criteria of subsection (H) of this section;

(4) Traffic impact analysis in accordance with the City’s Transportation Systems Plan detailing current traffic conditions, anticipated traffic impacts if property was developed under existing zoning and anticipated traffic impacts under the proposed Mixed Use Zone(s);

(5) Water and sewer analysis application and fee;

(6) Any other documents, forms or reports required by state or federal law;

(7) Review of a zone change proposal shall be conducted in accordance with the land use action procedures in § 153.250 et seq., Administration and Enforcement.

(H) Regulating master plan. Prior to any development on property designated for mixed uses, a regulating master plan shall be required and shall include the following:

(1) Master plan map and accompanying written description detailing the following:

(a) Location and area of zones if multiple zones are proposed;

(b) Location and area of specifically defined (i.e., high density residential, commercial-residential mixed, etc.);

(d) Description of each of the proposed use categories;

(e) Minimum and maximum residential densities in each defined area;

(f) Any existing uses and structures located on the site and whether they will be retained, removed or modified;

(g) Building envelopes and/or setbacks, orientation and maximum lot coverage for each defined area and/or building type;

(h) Proposed perimeter setbacks and buffer zones;

(i) Street network including proposed street cross-sections;

(j) Location of all existing and proposed parking facilities and street access points;

(k) Location and area of all public or common space, including parks, plazas, community buildings, open space, etc.

(2) Landscape plan depicting the following:

(a) Recreational, park and open space;

(b) Planter strips and vegetative screening;

(d) Areas designated for drainage and retention;

(e) Existing trees and other significant vegetation and whether they will be retained or removed with development of the site.

(3) Bicycle and pedestrian circulating plan depicting the following:

(a) All sidewalks, bike lanes and other pedestrian/multi-use pathways;

(b) Bike/pedestrian amenities such as extra-wide sidewalks, planter strips, benches, covered walkways, bike parking facilities and areas where no curb cuts will be allowed (i.e., parking in rear of buildings);

(c) Any other elements of the site design that enhance the pedestrian experience or promote walking and cycling within and through the site.

(4) Conceptual building elevations.

(a) Required for all multifamily, attached single-family and commercial uses;

(b) Recommended for detached single-family uses (may be required by Planning Commission);

(d) Shall include height, area and general footprint of each building type;

(e) May be conceptual in nature but must be detailed enough to provide an overall understanding of the visual nature of the development.

(5) Engineered grading and drainage plan; including retention.

(6) Architectural renderings, detailed conceptual designs and streetscape profiles and other such visual aids are encouraged and may be required by the Planning Commission if necessary to understand and evaluate a mixed use development proposal.

(7) In the case where a property is designated with an MU Zone as a result of Planning Commission initiative, items in subsections (G)(2) through (6) of this section shall be required to be submitted with the regulating master plan.

(I) Evaluation criteria. The following criteria detail a series of design standards that seek to achieve attractive, pedestrian-friendly development where mixed use zoning is applied. Developers may choose to meet these standards as prescribed, or they may propose other design ideas which are equal to or superior in meeting the objective of a particular standard. When a developer requests an exemption from a required standard, it is their responsibility to propose an alternative that fulfills the intent of the standard to the satisfaction of the Planning Commission. The Planning Commission has sole authority to authorize the exceptions and to determine the acceptability of the alternative the developer proposes.

(1) Building design standards. Intent: New structures and improvements to existing facades requiring building permits shall provide architectural relief and interest, with emphasis at building entrances and along sidewalks, to promote and enhance a comfortable pedestrian scale and orientation. Blank walls shall be avoided to the maximum extent practicable by complying with the following minimum requirements. The following standards are intended to be specific and quantifiable while allowing for flexibility in design:

(a) Articulation. In order to break up both horizontal and vertical expanses of buildings, wall and roof lines shall include offsets and other architectural methods to provide variation (i.e., pillars, entryway features, awnings, etc.).

(b) Variation of materials. In order to break up vast expanses of single-element building elevations and to provide differentiation between adjacent attached structures and floor levels, building design shall include a combination of architectural elements, features and materials.

(c) Multiple stories. All multifamily and single-family attached structures shall be constructed with at least two stories. At a minimum, 50% of all commercial and civic buildings shall be at least two stories.

(d) Weather protection. Awnings and canopies are intended to protect pedestrians from the weather and add to the architectural interest of buildings. New commercial, industrial and multifamily structures shall provide a weather-protected area over the primary entrances to buildings. Weather protection is encouraged along sidewalks and plazas where appropriate to abate sun exposure or icing of walkways.

(e) Mechanical equipment and trash receptacles. All mechanical equipment (including equipment located on the roof) and trash receptacles for commercial, industrial and multifamily residential buildings shall be screened with building materials consistent with the architecture of the building.

(f) Parking structures. Any parking structures shall be designed to include commercial uses along any portion of the first floor of the structure abutting a street, open space or other public or common area. Upper floors may utilize a combination of residential and commercial uses and false fronts to mask the appearance of the parking structure in order to provide consistency with architecture of surrounding buildings.

(g) Sidewalks. Sidewalks on blocks with commercial buildings shall be a minimum of 12 feet in width for the entire length of the block, regardless of other uses on the block. Sidewalks located on blocks without commercial buildings but which have buildings located at the front property line shall have a minimum width of ten feet. All other sidewalks shall be a minimum of six feet in width.

(h) Large buildings. Commercial buildings with a footprint over 40,000 square feet shall be subject to special design standards in § 153.021.

(2) Building orientation and setbacks. Intent: To the greatest extent practicable, all new buildings in a mixed use development shall be oriented toward streets, open space or other public or common areas in a manner that accommodates pedestrian comfort, convenience and safety.

(a) Any commercial, industrial or multifamily or attached single-family (i.e., townhomes) shall be located at the front property line along a street. On corner lots such buildings shall be located along both property lines. This requirement may be waived by the Planning Commission when the building design incorporates public seating, plazas, landscaped open space (including storm water drainage facilities when designed to enhance pedestrian scale, orientation and interest) or other usable public space into the area between the property line and the building;

(b) Public entrances. Public entrances to all new buildings shall be visible from the street and oriented so that pedestrians have a direct and convenient route from the sidewalk to building entrances. An exception to this standard would be buildings that are oriented to an internal plaza or pedestrian walkway;

(c) Minimum setbacks. Setbacks within the Mixed Use Zoning Districts shall be determined by an approved regulating master plan and shall not be based on distance to property line but distance between buildings or building envelopes (depending on specificity of plan). Minimum required distance between buildings or building envelopes, excluding structures that share a common wall, is as follows:

1. Ten feet between one- and two-story buildings;

2. Additional five feet for each additional story. When adjacent buildings are of a different number of stories, the average of the two buildings shall be used for calculating setbacks. Example: two four-story buildings would require 20 feet whereas a three-story and four-story building would require 17.5 feet.

3. Any garage facing a public street shall be set back a minimum of 20 feet from the public right-of-way.

4. Any residential accessory structures shall be located at least five feet from a property line or any other structure;

(d) Special setbacks for buildings over two stories. Any building over two stories shall have a setback from any adjacent residentially zoned property (not including residentially zoned property within the development site) equal to twice the height of the structure at the point of setback measurement. This requirement may be waived or reduced by the Planning Commission if the adjacent residentially zoned property has been developed with buildings over two stories in height;

(e) Clear vision areas. All clear vision areas shall be free from vision-impairing development in accordance with § 153.081.

(3) Building height and special setbacks.

(a) Buildings may be built to a maximum height of 45 feet, subject to the restrictions in subsection (I)(2)(e) of this section; solar access should be a consideration of design.

(4) Neighborhood compatibility. Intent: To achieve a compatible transition between mixed use and other zones of differing height, bulk and scale requirements, consideration shall be given to the scale and design of surrounding buildings to promote compatibility and complement or enhance the character of existing single-family neighborhoods.

(a) Lot sizes, building mass and density and land use patterns around the perimeter of the development shall be similar to that which is allowed in the zone of adjacent properties and, as much as is practicable, be consistent with the actual uses on adjacent developed properties.

(b) Site obscuring landscaping shall be required around the perimeter of the property, not including open space areas and access ways.

(c) As much as is practicable, land use types within a mixed use development shall transition at adjoining rear property lines instead of at the street in order to maintain consistent use patterns on both sides of streets.

(5) Parking bonus. Parking shall be provided in accordance with §§ 153.085 and 153.086. However, due to the pedestrian-friendly requirement in Mixed Use Zoning Districts, 50% of on-street parking spaces may be used in determining parking requirements. This bonus does not apply to any building with parking between the building and the street (i.e., detached single-family homes with garages in front). Shared parking areas may also be used as long as they are within 400 feet of the building(s) to which the parking spaces are assigned.

(6) Open space, landscaping and screening. Intent: Open space is intended to provide visual relief and interest in a development as well as to provide recreational opportunities for the residents, employees and customers of the development. Landscaping is intended to complement built forms within a development area, softening and providing visual relief and contrast to buildings, sidewalks, parking lots and other built features of a development. The installation of landscaping shall be accomplished in a manner that assures the planted stock receives adequate irrigation - drought-resistant plantings and xeriscaping is strongly encouraged where practical. Screening is intended to complement a development area by shielding trash receptacles, storage areas and other unsightly facilities from public view within the development area.

(a) Open space - General. A minimum of 20% of the entire mixed use site shall be dedicated to public open space including parks, plazas, gardens, parking lot screening, landscaped storm water drainage areas, paths and trails (not including sidewalks) and other common open areas;

(b) Open space - Central park. Half (50%) of the required general open space shall be dedicated either to a single, centralized park or to a series of parks interconnected by a pedestrian greenway and/or off-street walking trails;

(c) Screening. All parking lots, loading areas, storage areas and the like shall be screened with a combination of fencing and/or densely planted trees and shrubs to minimize the visual impact;

(d) Street trees. A landscape plan shall include a street tree plan describing the type and species of all existing and new trees in the development. At a minimum, street trees shall be planted at an average of one tree per every 25 feet of street frontage throughout the development. Street trees located in the sidewalk shall be planted in grated tree wells with minimum dimensions of four feet by four feet. No street trees may be placed in sidewalks less than ten feet in width;

(e) Preservation of existing trees. Whenever feasible, mature, existing trees should be preserved and incorporated into the design of the development.

(7) Street connectivity and internal circulation. Intent: To make mixed use developments part of a connected street system that serves vehicles, pedestrians and bicycles. Public streets shall connect the development to adjacent neighborhoods and zoning districts. When street connections are not practicable, pedestrian ways shall be made to and through the development in lieu of planned street connections.

(a) Streets and access ways of any one development or site shall interconnect with those of adjacent developments or sites. Internal street or circulation patterns that isolate a development from all adjacent developments, and only allow access to fronting arterial or major collector streets, shall be prohibited. Exception - the Planning Commission may determine that topography and/or existence of natural features or street patterns on adjacent properties would be better accommodated with an alternative circulation pattern.

(b) Streets shall be constructed in accordance with the City’s Standards and Specifications; however, the Planning Commission may make the determination that an alternate design is appropriate for serving the development. Any such alternative should be contingent on the City’s Public Works Director accepting the street as a public street or approving it as a private street.

(c) Mid-block curb cuts (i.e., driveways) shall be minimized as much as possible to create a safe, pedestrian-friendly environment. Access alleys are encouraged and may be required.

(d) Whenever feasible, the bicycle and pedestrian system in a mixed use development shall tie in to and extend trail systems on adjacent properties. Trail connections identified on the Crook County Parks and Recreation District Trails Master Plan shall be constructed and dedicated to the public in accordance with this plan.

(e) Pedestrian paths and sidewalks shall connect all building entrances with each other and with public rights-of-way in a manner that is direct and convenient for the pedestrian. Pedestrian crossings, both in the public right-of-way and in parking areas, shall be clearly marked with paint and/or alternative, raised materials.

(8) Public transit. Mixed use sites may be required to include a public transit stop in accordance with a regional or local transit plan. This may include a pull-out designed for inter-city buses, a bicycle parking facility and a covered passenger waiting area. The public transit stop shall be located along a higher order street within or adjacent to the development, or as otherwise recommended by the regional transit provider, and shall be located to maximize the accessibility of all residents, employees and customers of the development.

(J) Exceptions. Any of the evaluation criteria listed above may be waived by the Planning Commission based on any of the following:

(1) Site specific conditions such as topography or character of neighboring developments which make an alternative design more ideal;

(2) ADA requirements that make it impractical to construct buildings to the prescribed criteria;

(3) At the sole discretion of the Planning Commission, alternative designs may be approved based on the finding that they meet the intent of this section and are equal to or exceed the quality of development that would be created under the prescribed criteria.

(K) Conflicts.

(1) In cases where the development standards of this section conflict with standards found in other sections of this code, the standards of this section shall prevail;

(2) Development standards found in adopted refinement plans, specific area plans and specific development plans shall prevail over those in this section;

(3) The intent of this section is not to create nonconforming uses due to necessary Zoning Map amendments to Mixed Use; however, if a nonconforming situation is created, existing buildings, structures and uses may continue until abandoned or vacated for at least 12 months. No expansion of a nonconforming use shall be allowed.

(Ord. 1180, passed 6-14-11; Am. Ord. 1208, passed 12-9-14)

153.070 AIRPORT ZONES GENERAL CRITERIA.

(A) Special definitions. For the purposes of this zone as set forth by this section, and other related airport zones set forth in this chapter, the following definitions shall apply:

AIRPORT. The strip of land used for taking off and landing aircraft, together with all adjacent land used in connection with the aircraft landing and taking off from the strip of land, including but not limited to land used for existing commercial and recreational airport uses and activities as described in OAR 660-013-0100, for example:

(1) EMERGENCY MEDICAL FLIGHT SERVICES. Includes activities, aircraft accessory structures and other facilities necessary to support emergency transportation for medical purposes; does not include hospitals, medical offices or labs, or medical equipment sales and similar uses.

(2) LAW ENFORCEMENT AND FIREFIGHTING ACTIVITIES. Includes aircraft and ground based activities, facilities and accessory structures necessary to support federal, state or local law enforcement and land management agencies engaged in law enforcement and firefighting activities. Such activities include transport of personnel, aerial observation and transport of equipment, water, fire retardant and supplies.

(3) SEARCH AND RESCUE OPERATIONS. Includes aircraft and ground based activities, facilities and accessory structures located at airport sites that promote the orderly and efficient conduct of search and rescue related activities.

(4) FLIGHT INSTRUCTION AND GROUND TRAINING. Includes activities, facilities and accessory structures located at airport sites that provide education and training directly related to aeronautical activities; does not include schools for flight attendants, ticket agents or similar personnel.

(5) AIRCRAFT MAINTENANCE. Includes activities, facilities and accessory structures provided to maintain, service and repair aircraft and aircraft components, but not including activities, structures and facilities for the manufacturing of aircraft for sale to the public or the manufacturing of aircraft related products for sale to the public. Does include the construction of aircraft and aircraft components for personal use and the assembly of aircraft and aircraft components is allowed as part of servicing, maintaining or repairing aircraft and aircraft components.

(6) AIRCRAFT REFUELING. Includes activities, facilities and accessory structures for dispensing aviation fuel to aircraft.

(7) AIRCRAFT RENTAL. Includes activities, facilities and accessory structures that support the provision of aircraft for rent or lease to the public.

(8) AIRCRAFT SERVICE AND SALES. Includes activities, facilities and accessory structures for the storage, display, demonstration and sale of aircraft to the public.

(9) AERONAUTIC SKILLS TRAINING. Includes activities, facilities and accessory structures used to teach aviation-related skills and subjects, or promote proficiency in the operation of aircraft.

(10) AERONAUTIC RECREATIONAL AND SPORTING ACTIVITIES. Includes activities, facilities and accessory structures at airports that support recreational use of aircraft and sporting activities that require the use of aircraft or other devices used and intended for use in flight. Includes, but is not limited to: fly-ins; glider flights; hot air ballooning; ultralight aircraft flights; displays of aircraft; aeronautic flight skills contests; gyrocopter flights; flights carrying parachutists; and parachute drops onto an airport.

(11) CONSTRUCTION AND MAINTENANCE OF AIRPORT FACILITIES. Includes activities, facilities and accessory structures necessary for the construction and maintenance of runways, taxiways, parking aprons, hangars, approach facilities, airport operational areas, aeronautical aids, lighting, residence for an airport caretaker or security officer, fixed base operator facilities and other uses necessary and accessory to airport operations. Does not include activities, facilities and structures that support residential, commercial or industrial uses that are not necessary and accessory to airport operations.

(12) CROP DUSTING ACTIVITIES. Includes activities, facilities and accessory structures provided for and accessory to crop dusting operations, including, but not limited to, aerial application of chemicals, seed, fertilizer, pesticide, defoliant and other activities and chemicals used in a commercial agricultural, forestry or rangeland management setting.

AIRPORT APPROACH SAFETY ZONE. The land that underlies the approach surface, excluding the RPZ.

AIRPORT DEPENDENT USE OR ACTIVITY. A use or activity directly servicing the airport, employees working on the airport property or air service patrons. Direct service businesses and uses include such uses as aircraft fueling stations, aircraft repair facilities, hangars, air charter services, taxiways, heliports and other similar uses.

AIRPORT HAZARD. Any structure, vegetation or use of land which exceeds height limits established by the airport imaginary surfaces.

AIRPORT IMAGINARY SURFACES. The restricted three dimensional land and air space which is defined by the approach surface, transitional surface, horizontal surface and conical surface and in which any object extending above or within these spaces is an obstruction. See OAR Chapter 660, Division 13 exhibits for dimensions and graphics specifically defining these surfaces.

AIRPORT RELATED USE OR ACTIVITY. A use that is determined to be a use requiring a location at or adjacent to an airport to be economically viable. Economic viability can be measured by finding that the use would suffer an identifiable and measurable economic disadvantage if not so located. Measurements may include consideration of the following: percentage of business done with aircraft or air cargo; and dependence of staff, management, sales personnel, vendors or clientele on air transportation.

APPROACH SURFACE. A surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. See OAR Chapter 660, Division 13 exhibits for graphics specifically defining this surface.

BUILDING RESTRICTION LINE (BRL). This area is intended to protect the runway from building encroachment.

CONICAL SURFACE. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet. See OAR Chapter 660, Division 13 exhibits for dimensions and graphics specifically defining this surface.

FREIGHT. Services and facilities at public use airports.

HORIZONTAL SURFACE. A horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. See OAR Chapter 660, Division 13 exhibits for dimensions and graphics specifically defining this surface.

NOISE SENSITIVE AREAS. Within 1,500 feet of an airport, or within established noise contour boundaries exceeding 55 DNL.

NONPRECISION INSTRUMENT RUNWAY. A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved, or planned, or indicated on an FAA or state planning document or military service airport planning document.

OBJECT FREE AREA (OFA). Two dimensional surface intended to be free of ground objects.

PLACE OF PUBLIC ASSEMBLY. Structure or place which the public may enter for such purposes as deliberation, education, worship, shopping, entertainment, amusement, awaiting transportation or similar activity.

PRECISION INSTRUMENT RUNWAY. A runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS), Microwave Landing System (MLS), Global Positioning System (GPS) or a Precision Approach Radar System (PAR). It also means a runway for which a precision approach system is planned and is not indicated by an FAA approved Airport Layout Plan, any other FAA or state planning document, or military service airport planning document.

PRIMARY SURFACE. A surface longitudinally centered on a runway. See OAR Chapter 660, Division 13 exhibits for dimensions and graphics specifically defining this surface.

RUNWAY PROTECTION ZONE (RPZ). An area off the runway end (formerly the clear zone) used to enhance the protection of people and property on the ground. The RPZ is trapezoidal in shape and centered above the extended runway centerline. It begins 200 feet beyond the end of the arcs usable for takeoff or landing. The RPZ dimensions are functions of the type of aircraft and operations to be conducted on the runway.

RUNWAY SAFETY AREA (RSA). A defined surface surrounding the runway prepared or suitable for reducing the risk of damage to airplanes in the event of an undershoot, overshoot, or excursion from the runway.

TRANSITIONAL SURFACE. Those surfaces which extend upward and outward at 90 degree angles to the runway centerline and the runway centerline. See OAR Chapter 660, Division 13 exhibits for dimensions and graphics specifically defining this surface.

UTILITY RUNWAY. A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight or less.

VISUAL RUNWAY. A runway that is intended solely for the operation of aircraft using visual approach procedures where no instrument approach procedures have been approved or planned or indicated on an FAA or state planning document or military service airport planning document.

(B) Application. Information accompanying an application for a permit within an airport zone shall include the following:

(1) Property boundary lines as they relate to airport imaginary surfaces or to the boundary lines of the RPZ, BRL, OFA and/or RSA areas, and to the Airport Layout Plan as may be amended.

(2) Location and height of all existing and proposed buildings, structures, utility lines and roads.

(3) In accordance with OAR Chapter 738, Division 100, the reviewing planning authority shall notify the airport managing authority and State Aeronautics of land use permits of zone changes within 5,000 feet of a visual and 10,000 feet of an instrument airport in a manner as to provide the parties an opportunity to review and comment.

(C) Design and use criteria. In the consideration of an application for a proposed use in an airport zone, the reviewing authority shall take into account the impact of the proposed use on the airport and on nearby commercial and industrial uses, on resource carrying capacities, on the capacity of transportation and other public facilities and services and on the appearance of the proposal. In approving a proposed use, the reviewing authority shall find the following:

(1) The proposal is in compliance with the Comprehensive Plan, and more specifically with the Airport Layout Plan.

(2) The proposal is in compliance with site and design review §§ 153.020 and/or 153.021. Site design of any permitted use shall protect the future use and development of the airport. Within the AR Zone special design considerations shall be given and may be required to protect scenic views from State Highway 126 and from the airport, and special design considerations shall be given to requirements that maximize the compatibility with and continuing use and development of the airport.

(3) The proposal is in compliance with the intent and provisions of this chapter and more particularly with this section.

(4) That any identifiable social, economic, physical or environmental impacts are minimized or effectively mitigated.

(5) The proposal is in compliance with applicable State Aeronautics and FAA regulations.

(D) Off-street parking and loading and access requirements and limitations. In an airport zone, limitations and requirements for off-street parking, loading and access shall be provided in accordance with the provisions of this subsection and §§ 153.085 and 153.086.

(1) Unless approved otherwise by the reviewing authority, all parking demand created by any use permitted by this section shall be accommodated on the subject premises entirely off-street or off the serving taxiway, including parking for employees, patrons, customers, clientele, visitors and the like.

(2) No use permitted by this section shall require the backing of auto vehicular traffic onto a public or private street or road right-of-way, or onto a taxiway to accommodate ingress or egress to any use of the premises thereof.

(3) It is the intent of this section that no use approved pursuant hereto shall access directly onto the serving state highway (that is, an arterial). Ingress and egress for uses permitted under this section shall utilize existing or future lower order roads in the area, and if necessary to meet this requirement, permitted uses shall provide for shared ingress and egress, and/or the construction of marginal access roads.

(E) Minimum landscaping requirements. A minimum level of landscaping in accordance with the provisions set forth in § 153.087 may be required for all new development in an airport zone, and it shall be the intent of this zone to approve development which is as environmentally attractive as possible for employees, patrons and visitors to the area. The type of landscaping used shall not impede or endanger airport operations such as fruiting or flowering trees that attract birds.

(F) Use limitations. In addition to those limitations that may be applicable as set forth in an Airport Approach Overlay Zone (AA Zone), the following limitations and standards shall apply to all permitted uses in an airport zone:

(1) No use may result in the following:

(a) Electrical interference with navigational signals or radio communication between the airport and aircraft.

(b) Make it difficult for pilots to distinguish between airport lights and lighting, from nearby land uses.

(d) Creates or is expected to increase bird strike hazards.

(e) Endangers or interferes with the landing, taking off or maneuvering of aircraft intending to use the airport.

(2) Any use shall meet the standards established in FAA Regulations, Part 77 and OAR Chapter 738, Division 70; no structure shall penetrate into the airport imaginary surfaces as defined in subsection (A) of this section.

(3) Whenever there is a conflict on height limitations prescribed by this zone and any applicable overlay or combining zone, the lowest height limitation shall govern.

(4) As may be applicable, no place of public assembly shall be permitted in the Airport Approach Safety Zone or Runway Protection Zone (RPZ), and no structure or building shall be allowed within the RPZ.

(5) Except as may otherwise be approved by the city, county, State Aeronautics and FAA, no use shall be approved under the provisions of this section that proposes or would require any overhead power or other utility lines to be located in clear or approach zones, or in the RPZ.

(6) No development shall be permitted that attracts or sustains hazardous bird movements from feeding, watering or roosting across the runways and/or approach and departure patterns of aircraft, nor shall any use be permitted under the provisions of this section if the use will allow or cause ponding which is likely to attract birds, or which otherwise is likely to attract birds which are normally considered high flight.

(7) No use shall be approved under the provisions of this section that does not utilize glare resistant materials in construction and landscaping that will minimize hazards to airport operations.

(8) It is the intent of this section, and the reviewing authority may require, that all structures permitted pursuant hereto be surfaced primarily with earth tone colors, although limited surface areas of not more than 15% may be approved with accent colors if such a requirement is set forth.

(9) All structures and uses approved under the provisions of this section shall be maintained in a good and attractive appearance, and such may be set forth as a condition of approval by the reviewing authority.

(10) No on-site lighting shall be permitted which is determined to be hazardous to airport operations.

(11) Any use permitted under the provisions of this section that is determined to be incompatible with an existing or planned use adjacent thereto or across the street from it, shall be screened from the incompatible uses by densely planted trees and shrubs or sight-obscuring fencing.

(12) In noise sensitive areas (within 1,500 feet of an airport or within established noise contour boundaries of 55 DNL and above) where noise levels are a concern, a declaration of anticipated noise levels shall be attached to any building permit, land use or division permit, deed and mortgage records. In areas where the noise level is anticipated to be 55 DNL and above prior to issuance of a building permit for construction of a noise sensitive land use (real property normally used for sleeping or normally used as schools, churches, hospitals or public libraries) the permit applicant shall be required to demonstrate that a noise abatement strategy will be incorporated into the building design which will achieve an indoor noise level equal to or less than 55 DNL.

(13) No use shall be permitted which has been declared a nuisance or a hazard to airport operations by statute or action of the city, the county, State Aeronautics, FAA or by a court of competent jurisdiction.

(14) For any use permitted under this section that requires a contaminant or other environmentally related permit from an agency other than the city or the county, final approval shall not be granted until such time as the approval of the agency is evident, and continuing compliance with the conditions of the permit shall be a condition of approval for the use.

(G) Additional requirements. As a condition of approval of any use proposed within an airport zone, the reviewing authority may require the following:

(1) Increases in required setbacks and/or reduced height limitations.

(2) The use of special noise insulation, glare resistant exteriors and other special construction requirements.

(3) Limitations on signs or lighting, time of operations and points of ingress and egress.

(4) Additional landscaping, screening fencing and other improvements; sight-obscuring fence shall be considered and may be required along property lines bordering serving arterials or collectors.

(5) Any other conditions considered necessary to protect the future use and development of the airport and the adjoining areas.

(Ord. 1180, passed 6-14-11)

153.071 AIRPORT SPECIFIC ZONES.

(A) Airport Approach Overlay (AA) Zone. In an AA Zone, the following regulations shall apply in addition to those of the underlying primary zone as applicable:

(1) Purpose.

(a) This overlay zone is intended to prevent the establishment of airspace obstructions in airport approaches and areas through height restrictions and other land use controls as deemed essential to the future development of the airport, and to protect the health, safety and welfare of the people of the city and county and airport users.

(b) In order to carry out the provisions of this overlay zone, there are hereby created and established certain zones which include certain lands lying beneath the airport imaginary surfaces as they apply to airport located in the Prineville Urban Area within Crook County. The zones are shown on the current Airport Layout Plans and may be amended.

(2) Internal zones. Zones BRL, OFA, RSA and RPZ are within the AA Zone. Uses in this area are limited to the following:

(a) Operations involving the alteration, removal, maintenance and other nonstructural activities associated with native vegetative cover.

(b) Uses of a public works, public service or public utility nature, including the maintenance or improvement of such, and including runway, taxiway, street or road construction or maintenance activities.

(c) Other uses and activities specifically identified on the 1995 Airport Layout Plan within the areas as approved by the city, the county, State Aeronautics and FAA; and as such may be amended and subsequently approved by the city, county, State Aeronautics and FAA.

(3) Uses allowed. See airport zone use tables in § 153.039.

(B) Airport Operations AO Zone. In an AO Zone, the following regulations shall apply:

(1) Purpose. The purpose of this zone is to provide designated areas for development of facilities designed to support and facilitate airport operations and other airport dependent uses or activities; protect airport facilities from incompatible uses; to provide for future airport development and expansion; and to minimize hazards to airport use and operations.

(2) Uses allowed. See airport zone use tables in § 153.039.

(1) Purpose. The purpose of this zone is to provide designated areas for development of airport dependent and airport related uses and activities which support or facilitate airport operations; to protect airport facilities from incompatible uses; to provide for future airport development and expansion; and to minimize hazards to airport use and operations.

(2) Uses allowed. See airport zone use tables in § 153.039.

(D) Airport Commercial AC Zone. In an AC Zone, the following regulations shall apply:

(1) Purpose. The AC Zone is to provide for those business and commercial activities that are supporting, related to and/or dependent upon aircraft or air transportation when such activities, in order to function, require or desire a location adjacent to, or in close proximity to, the airport with or without immediate aircraft access to a taxiway. Business and commercial activities designed to serve users of the airport facilities (i.e., cafes, restaurants, coffee stands, mini-marts, overnight lodging, etc.) are also permitted in this zone provided they are determined to be of appropriate scale, location and orientation so as to focus primarily on airport users and not the general public.

(2) Uses allowed. See airport zone use tables in § 153.039.

(E) Airport Business-Industrial AM Zone. In an AM Zone, the following regulations shall apply:

(1) Purpose. The AM Zone is intended to provide for those business and industrial uses that are considered compatible with airport operations, the long range development plans of the airport and the future economic needs of the community. It is further the purpose of this zone to provide areas for those business and industrial activities that are supporting, related to and/or dependent upon aircraft or air transportation when such activities, in order to function, require or desire a location adjacent to, or in close proximity to, the airport with or without immediate aircraft access to a taxiway.

(2) Use criteria. In the determination of the need or desirability for a use to be located within this zone, and in the determination of compatibility with the stated purpose of the AM Zone, the following use criteria shall be considered:

(a) The use is determined to be a use requiring a location in this zone to be economically viable. Economic viability can be measured by finding that the use would suffer an identifiable and measurable economic disadvantage if not so located. Measurement may include consideration of the following: percentage of business done with aircraft or air cargo; and dependence of staff, management, sales personnel, vendors or clientele on air transportation.

(b) An application for a use permitted by this section may be denied if the applicant fails to demonstrate that the proposed location is essential to the business and industrial sector to be served or an overall benefit of the economic future of the community.

(Ord. 1180, passed 6-14-11)

153.075 OPEN SPACE-PARK RESERVE PR ZONE.

In a PR Zone, the following regulations shall apply:

(A) Purpose. The purpose of the PR Zone is to protect and provide natural resources within the city and the surrounding urban area considered important for recreation, open space and quality of living amenities and to limit development in those areas considered environmentally sensitive that have been designated by the Urban Area Comprehensive Plan to have open space qualities.

(B) Definition. For the purpose of this zone, as set forth in Statewide Planning Goal 5, OPEN SPACE consists of land that would, if preserved and continued in its present use, do the following:

(1) Conserve and enhance natural or scenic resources (SCENIC AREAS are defined as lands that are valued for their aesthetic appearance).

(2) Protect air or streams or water supply.

(3) Promote conservation of soils or wetlands.

(4) Conserve landscaped areas, such as public or private golf courses, that reduce air pollution and enhance the value of abutting or neighboring property.

(5) Enhance the value to the public of abutting or neighboring parks or other open space.

(6) Enhance recreation opportunities.

(7) Preserve historic sites.

(8) Promote orderly urban development.

(1) Public park or other passive recreation area including a day use picnic area, playground, open grass covered play area and similar uses.

(2) Nature, hiking, jogging and bicycling trails, including exercise fitness courses in conjunction therewith.

(3) Normal maintenance, replacement and improvement activities for existing parks, recreation, streets and roads and other public works facilities.

(4) The development of parks, recreation areas and facilities, streets, roads and other public works facilities that were adopted as part of a Plan element and/or a separate Plan document directly related thereto prior to the effective date of the ordinance codified in this chapter, or the development approved as part of an overall development plan in compliance with this chapter.

(5) Utility lines necessary for public service, limited to those underground except in the case of the replacement, maintenance and/or upgrading of existing overhead facilities that do not exceed their original impact, such as larger structures.

(6) Farming and farm use, excluding structures.

(D) Conditional uses permitted. In a PR Zone, the following uses and their accessory uses are permitted when authorized in accordance with the provisions of this section and § 153.135 et seq.:

(1) Type I conditional uses.

(a) Removal, fill and riprap activities directly related to a stream bank restoration project, and subject to applicable state and/or federal requirements.

(b) Temporary dike and other structural work for emergency flood protection, limited to 90 days and subject to all applicable state and federal requirements.

(d) Projects involving active restoration of fish and wildlife habitat or water quality subject to applicable state and federal requirements.

(e) Tree and other riparian habitat alteration and removal subject to applicable state and federal requirements.

(f) The expansion of an existing use permitted by this zone by not more than 10%, either in terms of land and/or facility area.

(g) Farm structures.

(2) Type II conditional uses.

(a) Public parks or recreation areas and facilities that include structures associated with active recreation activities.

(b) Public or private museums or other historical display or exhibit areas and/or facilities.

(d) Permanent dike and other structural work for flood and/or stream bank protection purposes.

(e) Public or private golf courses, including "Pitch ’n’ Putt" and driving ranges.

(f) Submerged cable, sewer line, water line or other pipeline.

(g) Bridge crossings and support structures therefor.

(h) Dredging, fill, alteration or piling installations or slope/soil stabilization structures necessary for the installation of either a Type I or Type II conditional use listed in this section.

(i) Overhead or above ground public utility lines and facilities.

(j) Public or private utility or public works facilities, including, but not limited to, water systems, sewer systems, streets, roads, substations, pumping stations, sewer lift stations and the like.

(E) Dimensional standards. In a PR Zone, the following dimensional standards shall apply:

(1) The minimum lot area shall be determined in accordance with the provisions of this section and this chapter relative to yard and other setback requirements, off-street parking and loading requirements, and any additional area as deemed necessary to maintain air, water, vegetation and other natural resource quality and adjoining and area land uses.

(2) The minimum building setback between a structure and the right-of-way line of an arterial or major collector road or street shall be 50 feet except as otherwise approved by the reviewing authority.

(3) The minimum building setback from a front property line shall be 25 feet.

(4) A yard abutting a residential zone shall be a minimum of 20 feet, except as approved otherwise by the reviewing authority.

(5) A side or rear yard shall be a minimum of ten feet, except as approved otherwise by the Commission.

(6) No building shall exceed a height of 25 feet except as approved otherwise by the reviewing authority.

(F) Design review. Provisions set forth in § 153.020 as applicable. In the consideration of an application for a proposed use, the reviewing authority shall take into account the impact of the proposed use on the open space and natural resource qualities of the area, on nearby uses, on resource carrying capacities, on the capacity of transportation and other public facilities and services, and on the appearance of the proposal.

(G) Off-street parking and loading. Provided in accordance with the provisions set forth in §§ 153.085 and 153.086.

(H) Minimum landscaping requirements. When design review is required, a minimum level of landscaping in accordance with § 153.087 shall be required. It shall also be the intent of this zone to require development to be as environmentally attractive as possible for residents and visitors to the area.

(I) Streets and public facilities. When design review is required, streets and public facilities shall be required in accordance with § 153.194 and the City’s Standards and Specifications. These improvements include but are not limited to right-of-way dedication, streets, storm water management, sidewalks, water lines, sewer lines, access management and the like.

(J) Chapter 155, Natural Features Overlay District (NFOD) and Slope Hazard Requirements. This chapter contains provisions for the protection of riparian areas, wetlands, rimrock, Barnes Butte and construction on steep slopes.

(K) Minimum sidewalk requirements. Whether replacing or required by design review, sidewalks shall be constructed to City Standards and Specifications. The minimum sidewalk width in a PR Zone is five feet.

(L) Signs. In a PR Zone, signs are permitted in accordance with the provisions set forth by Chapter 152 as amended, or as approved otherwise based on subsection (N) of this section.

(M) Use limitations. In a PR Zone, permitted uses shall be subject to the following limitations and standards:

(1) Uses which are found to exceed resource carrying capacities based on qualified technical resource data and information shall not be permitted.

(2) Special project designs may be required to ensure or otherwise maximize the preservation and/or protection of riparian habitats and other wildlife, public recreation or open space values.

(3) Points of access from a public street or way to a use permitted in this zone shall be so located, constructed, maintained and controlled as to minimize traffic congestion, noise and dust pollution and to protect scenic views and vistas.

(4) All parking demand created by any use permitted in this zone shall be accommodated entirely on-premises or off-street on another area or adjoining area. In no case shall the location of the off-premises area require pedestrian crossing of an arterial or major collector street or highway to obtain access to the subject use except as otherwise approved by the city.

(5) All uses permitted in this zone may be required to be screened and/or fenced from abutting residential zones and uses.

(N) Additional requirements. As a condition of approval of any use proposed within this zone, the reviewing authority may require the following:

(1) Increases in required setbacks and/or reduced height limitations.

(2) The preservation and/or enhancement of existing vegetative, scenic views and vistas and other natural resources, and may even consider requirements relative to building colors, placement and maintenance.

(3) Limitations on signs or lighting, time of operations and points of ingress and egress.

(4) Additional landscaping, screening, fencing and other improvements.

(5) Any other conditions considered necessary to protect existing and future open space and other natural resource values and qualities of the area.

(Ord. 1180, passed 6-14-11; Am. Ord. 1208, passed 12-9-14)

153.076 NATURAL FEATURES OVERLAY DISTRICT (CHAPTER 155).

For regulations on riparian habitat, scenic views and slope hazards see Chapter 155, Natural Features Overlay District (NFOD) and Slope Hazard Requirements.

(Ord. 1180, passed 6-14-11)

153.077 MARIJUANA AND MEDICAL MARIJUANA OVERLAY ZONE (CHAPTERS 153A AND B).

For regulations on marijuana activities see Chapters 153A and B.

(Ord. 1253, passed 8-27-19)

153.078 TEMPORARY WORKER HOUSING (CHAPTER 153C).

For regulations on temporary worker housing see Chapter 153C.