Prineville City Zoning Code

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

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;

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;

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;

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;

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;

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.

Section 153.084 attached housing standards as applicable;

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.);

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;

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

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;

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;

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;

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;

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

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.

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

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

Additional lot size or setback requirements.

Limitations on the placement of structures and the heights thereof.

Limitations on vehicular parking areas and ingress and egress.

Limitations on the placement and type of signs.

Require additional landscaping and screening.

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.

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.

Additional lot size or setback requirements.

Limitations on the placement of structures and the heights thereof.

Limitations on vehicular parking areas and ingress and egress.

Limitations on the placement and type of signs.

Require additional landscaping, screening and/or fencing.

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.

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.

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.

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.

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.

Additional lot size or setback requirements.

Limitations on the placement of structures and the heights thereof.

Limitations on vehicular parking areas and ingress and egress.

Limitations on the placement and type of signs.

Require additional landscaping and screening.

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.

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

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).

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.

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.

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

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.

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.

An increase in required setbacks.

Additional off-street parking and loading facilities.

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

Additional landscaping, screening and other improvements.

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

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.

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

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).

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.

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.

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.

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.

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.

An increase in required setbacks.

Additional off-street parking and loading facilities.

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

Additional landscaping, screening and other improvements.

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

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.

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

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

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

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

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

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

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

Minimize hazards and conflicts with airport operations.

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

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

Should have distinctive public entrances into the building.

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

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.

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

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.

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.

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

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.

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.

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

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.

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

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.

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

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

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).

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.

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

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.

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).

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

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.

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.

An increase in required setbacks.

Additional off-street parking and loading facilities.

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

Additional landscaping, screening and other improvements.

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

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

Reduces dependence on automobile travel;

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);

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

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

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

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

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

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.

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.

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;

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

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.

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.

A quasi-judicial zone change application and fee;

A written burden of proof addressing the following:

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

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);

Water and sewer analysis application and fee;

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

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.

Master plan map and accompanying written description detailing the following:

Landscape plan depicting the following:

Bicycle and pedestrian circulating plan depicting the following:

Engineered grading and drainage plan; including retention.

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.

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.

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:

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.

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.

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.

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.

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.

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.

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

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

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.

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;

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

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.

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.

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

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.

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

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.

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

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

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

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.

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.

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.

No use may result in the following:

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

Increases in required setbacks and/or reduced height limitations.

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

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

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.

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

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

Uses allowed. See airport zone use tables in § 153.039.

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.

Uses allowed. See airport zone use tables in § 153.039.

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.

Uses allowed. See airport zone use tables in § 153.039.

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.

Uses allowed. See airport zone use tables in § 153.039.

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.

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:

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

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

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

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.

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.

Farming and farm use, excluding structures.

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.

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.

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

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

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

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

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

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.

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.

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.

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

Increases in required setbacks and/or reduced height limitations.

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.

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

Additional landscaping, screening, fencing and other improvements.

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