(A) An accessory dwelling, or guest house is a small, secondary living unit containing cooking facilities that may include manufactured homes but excludes recreational vehicles (RVs). The additional unit may be a detached unit, a unit attached to a garage, or in a portion of an existing house. An accessory dwelling unit shall not constitute grounds for future land division. The following standards are intended to control the size and number of accessory dwellings on individual lots, so as to promote compatibility with adjacent land uses. Accessory dwellings shall comply with all of the following standards:

(1) Zoning. An accessory dwelling is allowed only if specified in the underlying zone use table. Manufactured homes shall only be used in zones that allow manufactured homes. In the case of a residential use in a commercial zone, the R2 Zone standards shall apply.

(2) One unit. A maximum of one accessory dwelling unit is allowed per lot or parcel and only in conjunction with a single-family home.

(3) Floor area. The maximum floor area of the accessory dwelling shall not exceed 700 square feet. Size requirements for manufactured homes in § 153.095 do not apply.

(4) Dimensional standards. An accessory dwelling shall not cause a lot to exceed the dimensional standards of the underlying zone.

(5) Parking. In addition to the requirements of the primary residence, an accessory dwelling is recommended to provide at least one additional off-street parking space to city standards.

(6) Access. There shall be a clear and marked pedestrian path of travel from a public or private street to the entrance of the accessory dwelling unit.

(7) Building materials. Accessory dwellings shall be constructed with materials and detailing that generally match those used on the primary dwelling, except where the approval body requires different materials and/or detailing to promote compatibility with single-family dwellings on abutting lots.

(8) Buffering. A minimum six-foot hedge or fence and/or trees may be required to buffer a detached accessory dwelling from dwellings on adjacent lots when buffering is necessary for the privacy and enjoyment of yard areas by either the occupants or adjacent residents.

(9) Water and wastewater.

(a) Accessory dwelling units shall connect to the city’s water and sewer systems per the city’s standards and specifications.

(b) If city services are not available or an existing primary dwelling is not connected, an accessory dwelling may connect to an approved drinking water source and sewage disposal system. The sewage disposal system shall meet all applicable requirements of the Crook County sanitarian and the Oregon Department of Environmental Quality. The applicant shall submit evidence of an approved drinking water source and that the appropriate sewage disposal system permit has been issued.

(10) Building Code. The structure shall comply with the current Building Code.

(11) System development charges (SDCs). SDCs shall apply according to city policy.

(Ord. 1180, passed 6-14-11; Am. Ord. 1229, passed 2-28-17; Am. Ord. 1257, passed 1-28-20; Am. Ord. 1262, passed 12-8-20)

In all zones, a clear vision area shall be maintained at the intersection of two streets, a street and a bike or pedestrian way and a street and an alley. A clear vision area shall contain no plantings, sight-obscuring fences, walls, structures or temporary or permanent obstructions exceeding two and one-half feet in height measured from the grade of the street centerline, except that trees exceeding this height may be located in this area, provided all branches and foliage are removed to a height of eight feet above the grade, and trunk diameter does not exceed 18 inches.

(A) Measurement of clear vision areas. A clear vision area shall consist of a triangular area, two sides of which are measured from the corner intersection of the street curb or location where street curb would be located if the right-of-way were developed to full city standards (ignoring any corner radius) for a distance of 25 feet. The third side is a line across the corner of the lot adjoining the nonintersecting ends of the other two sides. The vertical clear vision area is the area above the triangle, between two and one-half feet and eight feet in height (ten feet if located along a designated school bus route). In the case of an intersection of a street with an alley or bike/pedestrian way, the measurement shall be made along the nearest edge of the alley or bike/pedestrian way to the intersection for a distance of 15 feet.

(B) Exceptions to clear vision standards. Buildings constructed in the C-1 Zone shall be exempt from clear vision requirements.

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

As part of any application for a development or any use within the city, all on-site lighting shall be designed, located, shielded or deflected, so as not to shine directly onto adjoining properties, impair the vision of a driver of any vehicle or be a hazard to aircraft operations within the area.

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

A use shall comply with the standards of the zone in which it is located, with the specific standards that may be applicable thereto as set forth by this section, with any additional standards and conditions that may be set forth by the reviewing authority and with any other applicable local, state and/or federal regulations.

(A) Residential care facility or residential care home. When permitted as a conditional use, the facilities shall be subject to the following conditions and limitations:

(1) A provider must live in the home that is to be used for the purpose and must be certified for the intended care, or must hire a certified resident care manager who shall reside in the subject home.

(2) There shall be adequate sleeping accommodations for all occupants and resident staff.

(3) The resident structure shall be inspected by the City Fire Chief and a certified Building Official and determined to be reasonably safe from fire and other safety hazards. The cost of the inspection(s), as applicable, shall be borne by the applicant.

(4) As may be recommended by the officials in the foregoing inspection, appropriate fire alarms shall be installed and an approved fire exit plan established. Not less than two exits from the structure shall be readily available to all occupants.

(5) Appropriate facilities and access for people with disabilities shall be provided and/or installed as recommended by the appropriate local, county or state officials.

(6) Off-street parking shall be provided for all needs generated by the proposed use unless approved otherwise by the city.

(7) Annual inspections of the facilities shall be made by the appropriate state agency, and a report of the inspections shall be provided to the city within ten days of the receipt thereof by the applicant.

(8) As applicable, state licensing requirements shall be complied with on a continuing basis; failure of the compliance shall be a violation of this chapter and constitute sufficient grounds for permit revocation.

(B) Automobile wrecking yard or junk yard. In considering an application for an automobile wrecking yard or junk yard, the following factors, conditions and limitations shall be applicable:

(1) No such facility shall be permitted within 500 feet of the right-of-way of a state highway or other arterial or major collector unless hidden or adequately screened by terrain or other natural objects, or by plantings, fences or other appropriate means so as not to be visible from the main traveled way of the right-of-way.

(2) As applicable, applicant has been issued a wrecker certificate from the Department of Motor Vehicles or that the certificate of issuance be a condition of final approval, and that continued possession and compliance therewith be a condition of approval.

(3) A building and/or enclosure or other barrier at least six feet in height shall be constructed and maintained, and that the subject use shall be contained totally within the building and/or enclosure.

(4) Premises on the outside of the establishment shall be maintained in a clear and clean condition at all times.

(5) No activity involving any wrecking, dismantling or altering of vehicles shall be permitted outside the building, enclosure or barrier at any time.

(6) In an industrial or commercial zone, the display and offer for sale of vehicle parts or vehicles outside the building, enclosure or barrier may be permitted, but shall be limited to a single defined area comprising not more than 5% of the total area of the business and to not more than eight vehicles at any one time.

(7) In any zone except an industrial or commercial zone, the outside display shall be limited to 5% of the total area and not more than four vehicles.

(8) Special consideration shall be given to the following factors, and additional setbacks, screening and other conditions and limitations may be established relative thereto:

(a) Extent of development of surrounding property as a residential area.

(b) Proximity of churches, schools, hospitals, public buildings or other places of public assembly or gatherings, particularly recreational facilities.

(c) The health, safety and general welfare of the city and the public.

(C) Bed and breakfast facility. In the review and approval of such a facility, the following conditions and limitations shall apply (OAR 333-170):

(1) Compliance with applicable state regulations shall be established or assured, and continued compliance therewith shall be a condition of approval.

(2) Subject facility shall be inspected by the City Fire Chief and a certified Building Official relative to structural and fire safety conditions and hazards. A report and recommendation therefor shall be received and considered prior to final action on a proposed facility. The costs of the inspection, as applicable, shall be borne by the applicant.

(3) The owner and/or manager of the facility shall reside on the premises.

(4) All parking demands shall be accommodated totally off-street on the premises, except as approved otherwise by the reviewing authority.

(5) Total occupancy load shall be limited to the number of available private bedroom facilities, but in no case shall the number of rental units exceed six.

(6) As may be applicable, annual inspection shall be made of the subject facility by the appropriate local, county or state official(s) and a copy of the annual inspection report shall be provided to the city within ten days of the receipt thereof; the costs of the inspection shall be borne by the applicant/owner if applicable.

(7) As applicable, state licensing requirements shall be complied with on a continuing basis, and failure to comply therewith shall constitute grounds for permit revocation.

(8) As applicable, a city business license shall be required.

(D) Dog pounds or kennels. The reviewing authority may authorize dog pounds or kennels as permitted by the primary zone, and upon a finding that the use would not be detrimental to the adjoining properties and surrounding area because of noise, odor and other associated nuisances.

(1) Building and site design shall be adequate to minimize noise and odor.

(2) A sight-obscuring and sound-reducing fence or hedge or vegetative screening may be required.

(3) Holding cages and facilities may be restricted to being totally located within a building, and sound-insulating construction may be required.

(4) Vehicular access and loading/unloading facilities may be restricted as to number, location and improvement requirements.

(5) The types and numbers of animals permitted may be specified.

(6) Receipt of a valid complaint concerning odor, sanitary conditions and/or noise shall constitute sufficient grounds for immediate permit review and possible revocation.

(7) No on-site disposal of animals shall be permitted.

(E) Home occupations. When permitted as a conditional use and conducted as an accessory use to the primary use, a home occupation or a cottage industry may be permitted subject to the following standards and limitations:

(1) It will be operated by a resident of the property on which the business is located.

(2) It shall be limited to either an existing accessory structure, or to not more than 25% of the floor area of the main floor of the primary dwelling.

(3) The use is secondary to the main use of the property as a residence.

(4) In no case shall alterations or additions detract from the outward appearance of the property as a residential use.

(5) Except as approved otherwise by the city, total employment shall not exceed four persons, including the owner/operator(s) and members of the immediate family.

(6) No use shall be permitted that is found to be detrimental to the residential use of the subject property or adjoining or area properties because of noise, vibration, dust, smoke, odor, traffic, or interferences with radio or television reception or other factors.

(7) Retail sales shall be limited to homemade products and those commodities and/or materials used in conjunction with an approved use. Off-street parking and access shall be designed and provided for at such levels that the customer traffic does not create the appearance of a commercial business parking lot.

(8) No materials or commodities shall be delivered to and from the premises at a time, or of such bulk or quantity, as to create undesirable traffic, noise, congestion or hazards.

(9) Hours of operation and associated activities shall be within normal daylight business hours for the type of business involved, and in no case infringe upon the rights of neighboring residents to enjoy the residential occupancy of their homes. Uses involving nonresident employees, the delivery of goods or materials or customer visits shall limit their hours of operation to between 8:00 a.m. and 6:00 p.m. unless otherwise approved by the city.

(10) The existence of a home occupation or a cottage industry shall not be used as justification for a zone change.

(11) All parking shall be entirely accommodated by a combination of off-street and on-street parking limited to the subject premises and the frontage of the subject property.

(12) Sight-obscuring fencing and/or landscaping of at least six feet in height may be required between the use and adjacent properties or public streets.

(13) Signs associated with the proposed use shall not exceed eight square feet in area.

(14) The disposal of all wastes associated with the subject use shall be provided for as required by the city and in accordance with applicable city, county and/or DEQ standards.

(15) The use shall only be operated by residents of the property. As applicable, a city business license shall be required.

(16) The Planning Commission shall review the permit for a home occupation or cottage industry upon the receipt of two or more written complaints of violations of these or applicable state standards or regulations from households within 250 feet of the boundaries of the affected property.

(a) A public hearing shall be held to review the complaints and the subject permit.

(b) The Commission, after reviewing the permit and the complaints relative thereto, and after hearing the evidence presented at the hearing, may, with adequate findings, do any of the following:

1. Approve the continuance of the use as it exists.

2. Require that it be terminated.

3. Impose new and additional restrictions for the continuance. New complaints which are substantially the same as those previously reviewed and acted upon will only be heard by the Commission after a period of six months has elapsed from the date of the earlier decision, unless the Commission believes or finds that any restrictions or conditions imposed on the use have not been followed or complied with.

(17) Home occupations of a minor nature that do not advertise on site, change the outward appearance of the home or produce a significant amount of additional traffic are allowed outright without review. Examples would include: musical lessons, photo studio, attorney, or accountant. Should a home occupation reach a level that is not considered minor, the above criteria shall apply.

(F) Mobile home or manufactured dwelling park. In addition to the standards and conditions set forth herein, the development shall be in compliance with applicable state regulations, and with any additional conditions set forth in the approval thereof, and such compliance may be required prior to the occupancy of the development. (ORS Chapter 446 and OAR 814-28).

(1) Each access road intersecting a public street shall have a surface width of not less than 30 feet, and driveways within the park shall be at least 20 feet in width, or if parking is permitted thereon shall be at least 36 feet in width.

(2) All public roads and driveways shall be well-drained and hard-surfaced as approved by the City Superintendents of Streets and Public Works and/or the City Engineer in accordance with city standards and/or with the "durable and dustless surface" definition set forth in § 153.086.

(3) Walkways, bicycle paths or other pedestrian ways may be required, and if required, shall not be less than five feet in width and hard-surfaced in accordance with the foregoing referenced "durable and dustless surface" definition.

(4) Each space within the park shall be serviced with public water and sewer facilities and electrical power receptacles for solid wastes shall be provided, and fire hydrants shall be installed as deemed necessary by the City Fire Department.

(5) Facilities for incoming and outgoing mail shall be installed in accordance with the requirements of the U.S. Postal Service.

(6) There shall be constructed on each unit space, adjacent and parallel thereto, one or more wooden decks or slabs or patios of concrete, asphalt, flagstone or the equivalent, which singularly or in combination total at least 120 square feet.

(7) In no case shall an individual unit space be permitted that is less than 30 feet in width or less than 40 feet in length.

(8) Except as provided otherwise herein, in no case shall the overall density exceed 12 units per acre. An increase in density may be approved by the city in accordance with the following standards:

(a) An increase of 10% in the maximum allowable density for dedicated and improved open space equaling 30% or more of the total land area of the development.

(b) An increase of 5% in the maximum allowable density for the development and maintenance of an approved recreation and/or common use building or other indoor facility.

(c) An increase of 5% for a developed playground area.

(d) An increase of 10% for a developed recreation area including a covered picnic area, basketball and/or tennis court facilities and the like.

(e) In no case, however, shall the total of density increases provided for herein exceed 25%.

(9) All parks shall provide recreational space of at least 2,500 square feet plus 50 square feet for each unit within the park. The recreational space shall be improved with landscaping to provide open recreation and shall be secured from driveways and parking areas. Facilities such as picnic tables, barbecues and playground equipment are recommended.

(10) No dwelling unit in the park shall be located closer than 15 feet from another unit or from a general use building in the park. No dwelling unit, other building or structure shall be located within 25 feet of a public street right-of-way line, or within ten feet of any other property boundary line.

(11) No unit shall be permitted in a park as a residence that does not meet the definition set forth by § 153.004.

(12) No recreation vehicle shall be permitted to be located within a park and occupied as a residence, and no such vehicle shall be permitted within a park unless spaces for such RV use are designated therefor in the park design and approval.

(13) A unit permitted in a park shall be provided with continuous skirting within 30 days of placement.

(14) The total land area used for park purposes shall be required to be surrounded, except at entry and exit places, by a sight-obscuring fence or hedge not less than six feet in height.

(15) If a park provides spaces for 20 or more units, each vehicular way in the park shall be named and marked with signs which are similar in appearance and location to those used to identify public streets in the city. A map of the entire development showing named vehicular ways shall be provided to the City Fire Department, other service agencies, the City Police Department and the City Planning Official.

(16) An updated listing of the names and addresses of the occupants of each space in the park shall be maintained at all times and a copy thereof provided to the city upon request.

(G) Temporary worker housing. See Chapter 153C for on-site or off-site temporary worker housing.

(H) Multifamily dwelling complex. A multifamily dwelling complex permitted as a conditional use shall comply with the following standards and conditions, and the compliance shall be evident prior to occupancy except as may otherwise be approved by the city:

(1) All such complexes with more than 20 dwelling units shall be so located as to have direct access onto an improved arterial or major collector street unless approved otherwise by the city.

(2) All such complexes shall provide both an improved ingress and egress.

(3) Each access road permitting two-way traffic and intersecting a public street shall have a minimum surface width of not less than 30 feet, and not less than 16 feet in width for single-lane, one-way traffic. Interior complex driveways shall not be less than 24 feet in width for two-way traffic, and not less than 12 feet in width for single-lane traffic. For interior driveways providing on-street parking, an additional eight feet of width shall be added for each parking lane or area. All access roads, driveways and parking facilities shall be improved and maintained with "durable and dustless surfaces" as defined in § 153.086, and as approved by the City Superintendent of Streets.

(4) Sidewalks, walkways, bicycle paths and other pedestrian ways may be required. The walks, paths and ways shall not be less than four feet in width and shall be surfaced with concrete, asphalt, asphaltic concrete or paving bricks as approved by the City Superintendent of Streets.

(5) The complexes may be required to provide storage facilities and/or extra parking spaces as deemed necessary to provide for tenant storage of household goods, equipment, extra furnishings and/or recreation vehicles.

(6) Each complex, and each individual unit contained therein, shall be serviced with public water and sewer, electrical power, receptacles for garbage disposal and collection service, and fire hydrants shall be installed as deemed necessary by the City Fire Department.

(7) Facilities for incoming and outgoing mail shall be installed in accordance with the requirements of the U.S. Postal Service.

(8) The overall density of the complex shall not exceed the dimensional standards set forth by the applicable zone, except as approved otherwise by the city in accordance with the following factors:

(a) An increase of 5% in the maximum allowable density for dedicated and improved open space equaling 25% or more of the total land area of the development.

(b) An increase of 5% in the maximum allowable density for the development and maintenance of an approved recreation and/or common use building or other indoor facility.

(c) An increase of 5% for a developed playground area.

(d) An increase of 5% for a developed recreation area including a covered picnic area, basketball and/or tennis court facilities and the like.

(e) As an incentive for development excellence, a total increase of 25% may be permitted if three or more of the foregoing are provided.

(9) A complex shall provide recreational space of at least 2,500 square feet plus 50 square feet for each unit in the complex. The recreational space shall be improved with landscaping to provide open recreation and shall be secured from driveways and parking areas. Facilities such as picnic tables, barbecues and playground equipment are recommended.

(10) For any complex permitting tenants to have recreation vehicles, camp trailers, boats and similar recreational equipment, there shall be provided a separate, designated parking area for such uses at a ratio of one space per each three units in the complex.

(11) If each unit in the complex is not provided with clothes washing and drying facilities, and there is not a private commercial coin-operated laundry facility within a reasonable walking distance, then there shall be provided within the complex a separate laundry facility providing not less than one washer and one dryer for each six units in the complex.

(12) The total land area of the complex may be required to be surrounded, except at entry and exit locations, by a sight-obscuring fence or hedge not less than six feet in height.

(I) Radio, telephone or television transmitter tower, utility station or substation. When authorized within the applicable zoning, the following standards and limitations shall apply to radio, telephone or television transmitter towers, or utility stations and substations:

(1) In a residential zone, all equipment storage on the site shall be enclosed within a building.

(2) The use may be required to be fenced, including sight-obscuring, and provided with landscaping.

(3) Coloring of structures, buildings and other permanent installations shall be of neutral colors or colors that otherwise blend with the surrounding natural features unless otherwise required by the Commission.

(4) The reviewing authority may set standards or limitations regarding height, shape, location or factors necessary to minimize the impact of the facilities on the area in which they are proposed to be located.

(5) The reviewing authority may set any standards or limitations deemed necessary to ensure that the proposed facilities are aesthetically pleasing and compatible with the area.

(J) Recreation vehicle parks. A recreation vehicle park shall be constructed, maintained and operated in accordance with applicable state standards and regulations, and shall also comply with the standards and conditions set forth herein. (ORS Chapter 446 and OAR 333-31).

(1) Water supply service to each camping space is not required, but at least one water supply service shall be provided on site.

(2) In lieu of individual sewer connections, at least one sewage disposal station shall be provided on site for the park.

(3) All solid waste shall be stored in individual garbage containers, storage bins or storage vehicles. All such containers shall have tight-fitting lids, covers or closable tops, and shall be durable, rust-resistant, watertight, rodent-proof and be readily washable. All solid waste shall be collected for disposal at regular intervals not to exceed seven days.

(4) Liquefied petroleum gas storage tanks on site shall be approved by the City Fire Chief and/or the State Fire Marshal as applicable.

(5) Toilet, hand washing and bathing facilities shall be maintained to meet the requirements set forth by the Building Official and the County and/or State Health Division.

(6) Eating and drinking establishments, commissaries, mobile units and vending machines operated in conjunction with the park shall be approved in accordance with applicable provisions of this chapter and in accordance with applicable regulations administered by the County and/or State Health Division.

(7) All swimming pools, spa pools and wading pools in a recreation park shall comply with the applicable rules of the County and/or State Health Division.

(8) The owner and/or management of a recreation park shall maintain all buildings, grounds, rental units, spaces and furnishings in good repair and appearance, and in clean condition at all times.

(9) Either the owner, an operator, resident manager or other supervisor shall be available on the premises of a recreation park at all times while it is open for use, except as otherwise approved by the city.

(10) Each camping space shall be identified by number, letter or name.

(11) Each camping space shall be large enough to accommodate the parked camping vehicle, tent vehicle or tent as the case may be and for which the space was intended or designed, and to maintain at least ten feet separation from any other camping vehicle or tent, ten feet from any building, 20 feet from a boundary line abutting a public street or highway and ten feet from any other boundary line. Only one camping vehicle, tent vehicle or tent is permitted per space.

(12) Each recreation park shall have direct access to either an arterial or major collector street. Each access road intersecting a public street or highway shall have a surface width of not less than 30 feet, and driveways within the park shall be at 20 feet in width or if parking is permitted thereon, 30 feet in width. All roads and driveways shall be well-drained and hard-surfaced as approved by the city and the City Superintendent of Streets.

(13) Each space in the park shall have direct access to a park driveway or road.

(14) Except as approved otherwise in those parks providing independent sewer and water services to individual spaces, toilet facilities shall be provided in recreation vehicle parks in the following ratios:

(15) The density of RV parks shall not exceed 20 campsites per acre except as otherwise approved by the Commission; the Commission may adjust the density downward in the case of limitations necessary by steep slopes, geologic or natural features or impacts on adjacent areas.

(16) Each recreation vehicle space shall be a minimum of 200 square feet.

(17) Each RV space shall contain no more than 33% paving or concrete.

(18) Landscaped or open space areas shall be a minimum of 20% of the project site, and may include nature trails, buffers, landscaping, common picnic or recreation areas, wetlands or streams.

(19) Accessory uses may include an owner’s/manager’s office/residence, restroom and bathing facilities, laundry, mini market with limited gasoline and propane gas services, swimming pool and other small-scale recreational facilities such as tennis courts, miniature golf and playgrounds for the use of park customers only.

(20) One additional parking space for each four campsites shall be provided in convenient locations throughout the park, except that this requirement may be reduced where individual RV spaces are of such dimensions to permit at least one additional parking space on site.

(21) The reviewing authority may exempt certain temporary recreation vehicle facilities from the on-site improvement requirements, requirements for toilets, water supply, sewage disposal and spacing if such temporary facilities are for the purpose of accommodating a camping vehicle rally or other groups of camping vehicles assembled for the purpose of traveling together or for special events such as fairs, rodeos, races, derbies, community event celebrations and the like and the reviewing authority finds that the public health will not be endangered. The period of operation shall be designated by the reviewing authority as shall other conditions such as solid waste collection and disposal found necessary to protect the public health and general welfare. In no case shall the temporary facilities be approved in conjunction with private commercial activities, except as temporary RV locations for highway or building construction or forestry projects, and in no case shall a temporary facility for the projects be approved if other alternatives for housing the employees associated with such projects are found to be available.

(22) Recreational vehicle (RV) parks within the General Residential (R-2) Zone shall comply with the above requirements as well as the following:

(a) RV parks within the R-2 Zone shall only be allowed on properties with direct frontage on an arterial street as identified by the City of Prineville Transportation Systems Plan (TSP). In no case shall a local street or minor collector be used for ingress or egress from the site. If a site has access to both a major collector and an arterial, access shall be determined by the City Engineer.

(b) Arterial streets provide the entrances into our community. Therefore, an applicant shall take careful consideration to the appearance of the entrance to the park. In review of any RV park proposal, the Planning Commission shall be responsible for the design review of the entrance.

(c) As part of the 20% landscaping and open space, screening from neighboring properties and public streets shall take priority.

(K) Camping vehicle building, boat building, cabinet, carpentry or other contractors’ shops, machine shops, vehicle repair or storage or similar uses.

(1) Materials, vehicles or parts shall be stored in an enclosed structure, or where impractical in a structure, behind fences or vegetative buffers.

(2) Odors, fumes, sawdust or other emissions shall be controlled so as not to affect adjacent properties.

(3) Noise and other pollution or contaminant discharge standards of the Department of Environmental Quality shall be adhered to.

(L) Public or private facilities, utilities and services.

(1) Public facilities including, but not limited to, utility substations, sewage treatment plants, storm water and water lines, water storage tanks, radio and television transmitters, cell towers, electrical generation and transmission devices, fire stations and other public facilities shall be located so as to best serve the community or area with a minimum impact on neighborhoods, and with consideration for natural aesthetic values.

(2) Structures shall be designed to be as unobtrusive as possible.

(3) Wherever feasible, all utility components shall be placed underground.

(4) Public facilities and services proposed within a wetland or riparian area shall provide findings of the following:

(a) The location is required and a public need exists.

(b) Dredging, fill and other adverse impacts are avoided, minimized or mitigated to the maximum extent reasonable.

(5) Co-locating on existing utility poles or cellular towers is required unless demonstrated that it is not feasible.

(M) Airports, aircraft landing fields, aircraft charter, rental, service and maintenance facilities not located in an Airport (A) Zone. In the review and approval of the facilities, the Planning Commission shall find the following:

(1) That the location and site design of the proposed facility will not be hazardous to the safety and general welfare of surrounding properties.

(2) That the location will not unnecessarily restrict existing and future development of surrounding lands as designated by the Comprehensive Plan.

(3) That the location will not unnecessarily restrict, be in conflict with or be hazardous to the existing and future development of the City-County Airport.

(4) As applicable, the subject facility has been reviewed and approved by the State Department of Aeronautics and/or the Federal Aviation Administration; or, as applicable, the review and approval is a condition of approval.

(N) Cemeteries. The reviewing authority shall require evidence and shall find that the terrain and soil types of a proposed location are suitable for interment, and that the nature of the subsoil and drainage will not have a detrimental effect of ground water sources or domestic water supplies in the area of the proposed use.

(O) Church, hospital, nursing home, convalescent home, retirement home, and elderly assisted housing complex. Such uses may be approved only after consideration of the following factors:

(1) Sufficient areas provided for the building, required yards, and off-street parking (related structures and uses such as a manse, parochial school or parish house are considered separate principal uses and additional lot areas shall be required therefor).

(2) Location of the site relative to the service area.

(3) Probable growth and needs therefor.

(4) Site location relative to land uses in the vicinity.

(5) Adequacy of accesses to and from principal streets together with the probable effect on the traffic volumes and patterns of abutting and nearby streets.

(6) Such uses or related buildings shall be at least ten feet from a side or rear lot line abutting an existing residential use in a commercial or industrial zone, and 20 feet from a side or rear lot line abutting a residential zone.

(7) Such uses may be required to provide sound-insulating screening and/or construction methods if found to be within an area of influence of an existing commercial or industrial use which is considered incompatible with a noise sensitive use.

(8) Such uses may be built to exceed the height limitations of the zone in which it is located to a maximum height of 50 feet if the total floor area of the building does not exceed the area of the site and if the yard dimensions in each case are equal to at least two-thirds of the height of the principal structure.

(9) Such uses should provide for, and may be required to provide, outside sitting and/or exercise areas in sufficient areas to accommodate patient or resident loads.

(P) Solid waste collection, disposal and/or transfer station. The reviewing authority may authorize a solid waste collection and/or disposal site or transfer station as a conditional use, subject to the following standards:

(1) The proposed site shall not create a fire hazard, litter, insect or rodent nuisance or air or water pollution in the area.

(2) The proposed site shall be located in or as near as possible to the area being served.

(3) The proposed site shall be located at least one-fourth mile from any existing dwelling, home or public road (except the access road), unless approved otherwise with adequate screening and buffering.

(4) The proposed site shall be provided with a maintained access road (all-weather).

(5) The proposed site and facility shall be enclosed in such a manner that materials that may be carried by the wind or animals are totally contained within the site.

(6) Any other condition that the reviewing authority deems necessary to minimize the potential adverse impacts on the surrounding area, while taking into account the public need for solid waste disposal alternatives.

(Q) Mining, quarrying or other aggregate extraction or processing activities. Plans and specifications submitted to the reviewing authority for approval must contain sufficient information to allow the authority to consider and set standards pertaining to the following:

(1) The most appropriate use of the land.

(2) Setbacks from the property lines and surrounding uses.

(3) The protection of pedestrians and vehicles through the use of fencing and screening.

(4) The protection of fish and wildlife habitat and ecological systems through control of potential air and water pollutants.

(5) The prevention of the collection and the stagnation of water at all stages of the operation.

(6) Surface mining equipment and necessary access roads shall be constructed, maintained and operated in such a manner as to eliminate, as far as is practicable, noise, vibration or dust which may be injurious or annoying to persons or other uses in the vicinity.

(7) The comments and recommendations of all appropriate natural resource agencies of the state and federal government shall be sought.

(8) A rock crusher, washer or sorter shall not be located closer than 500 feet from a residential or commercial zone.

(9) A sight-obscuring fence or other screening may be required by the reviewing authority, when, in its judgment, the fence or other screening is necessary to preserve the values of nearby properties or to protect the aesthetic character of the neighborhood or vicinity.

(R) Motel, hotel, convention center, multi-use pavilion, sports arena or other similar uses. Such uses may be approved only after consideration of the following factors:

(1) Sufficient areas provided for the main buildings, required yards, off-street parking and related or accessory or support structures and uses.

(2) Location of the site relative to the service area or to other related facilities and uses.

(3) Probable growth and needs therefor.

(4) Site location relative to land uses in the vicinity.

(5) Adequacy of accesses to and from principal streets; relative thereto, access must be to either a designated major collector or arterial street.

(6) Such uses or related buildings shall be at least 20 feet from a side or rear lot line abutting a residential use or a residential zone.

(7) Such uses may be required to provide sound-insulating screening and/or construction methods if found to be within an area of influence of an existing commercial or industrial use which is considered incompatible with a noise sensitive use.

(S) Professional commercial uses. Professional commercial uses such as offices for accountants, bookkeepers, attorneys, engineers, architects, doctors, dentists, real estate and insurance and medical or dental clinics in an R-2, R-3 or R-4 Zone subject to the following conditions and limitations:

(1) Uses shall be located within a pre-existing residential structure. An applicant may rebuild a structure if it is determined that the existing structure is in such a condition as not to be economically viable to restore. Any new structure shall be residential in design and will be subject to design review by the reviewing authority.

(2) Have frontage on an existing designated or future planned arterial and/or major collector street.

(3) Access to and from the proposed use is not required solely to pass through a residentially zoned and developed area on a minor collector or lower classified street.

(4) Traffic and parking generated and/or required by the proposed use will adversely affect the overall residential character of the area.

(5) The proposed use is found to result in a general improvement of the physical appearance and aesthetics of the subject property and the general area.

(6) In reviewing and approving such a use, the reviewing authority may consider the following factors:

(a) The need for screening, landscaping and other factors that will minimize the impact of the proposed use on adjoining residential uses.

(b) The need for, and availability of, off-street parking.

(c) Limitations on hours and days of operations, signing and other factors deemed necessary to preserve and protect the residential character of the neighborhood.

(T) Residential dwellings in a commercial zone. Residential uses from single-family dwelling to fourplexes shall consider the following limitations when placed in a commercial zone:

(1) Structures shall not be located on a major collector or arterial street unless;

(2) The property is determined not to be commercially viable based on size, location and surrounding uses.

(3) Provisions for the future conversion to a commercial business should be considered when placing a residence on a lot.

(U) Vehicle towing/impound yards. In considering an application for a vehicle towing/storage/impound yard, the following factors, conditions and limitations shall be applicable:

(1) A building and/or enclosure or other barrier at least six feet in height shall be constructed and maintained, and that the subject use shall be contained totally within the building and/or enclosure.

(2) No activity involving any wrecking, dismantling or altering of vehicles shall be permitted on the site.

(3) The site includes adequate containment area for wrecked cars which includes a petroleum-resistant liner.

(4) No vehicle may be stored on site in excess of 60 days.

(5) Special consideration shall be given to the following factors, and additional setbacks, screening and other conditions and limitations may be established relative thereto:

(a) Proximity to residentially zoned areas and existing residential uses on nonresidentially zoned property.

(b) Proximity to churches, schools, hospitals, clinics, public buildings, recreational facilities, or other places of public assembly or gathering.

(c) Visual impact from neighboring properties and adjacent public rights-of-way.

(d) The health, safety and general welfare of the city and the public.

(Ord. 1180, passed 6-14-11; Am. Ord. 1186, passed 12-13-11; Am. Ord. 1208, passed 12-9-14; Am. Ord. 1229, passed 2-28-17; Am. Ord. 1248, passed 11-27-18; Am. Ord. 1265, passed 7-13-21)

(A) Attached single-family housing. Any two adjacent legal lots zoned for residential use may build single-family homes attached at the lot line (see "Dwelling, townhome (house)" definition) in accordance with the building code. All owner signatures are required.

(B) Townhomes. Other than townhomes developed under subsections (A) and (C) of this section, three or more consecutive townhomes may be developed as part of a nonstandard subdivision such as a cluster development or PUD. Townhomes shall comply with the standards in subsections (B)(1) through (4) of this section. The standards are intended to control development scale; avoid or minimize impacts associated with traffic, parking, and design compatibility; and ensure management and maintenance of common areas. Cluster development standards can be found in § 153.094.

(1) Building mass supplemental standard. Within the residential zones, the maximum number and width of consecutively attached townhomes (i.e., with attached walls at property line) shall not exceed six units, or 150 feet (from end-wall to end-wall), whichever is less.

(2) Each townhouse shall have some architectural articulation by either staggering the buildings or including unique features within the facade to produce the same effect (i.e., no long continuous flat wall).

(3) Alley access. Subdivisions (four or more lots) containing townhomes shall receive vehicle access only from a rear alley. Alley(s) shall be created at the time of subdivision approval. Alleys are not required when existing development patterns or topography make construction of an alley impracticable (see subsection (B)(4) of this section for standards). Alley access shall also be required on existing lots if available. As necessary, the city shall require dedication of right-of-way or easements and construction of pathways between townhome lots (e.g., between building breaks) for access and circulation.

(4) Street access developments. Townhomes receiving access directly from a public or private street shall comply with all of the following standards in order to minimize interruption of adjacent sidewalks by driveway entrances, slow traffic, improve appearance of the streets, and minimize paved surfaces for better storm water management:

(a) When garages face the street, they shall be recessed behind the front elevation (i.e., living area or covered front porch) by a minimum of four feet.

(b) The maximum allowable driveway width facing the street is 20 feet per dwelling unit for double car garages and 12 feet for single car garages.

(c) Two adjacent garages shall share one driveway when individual driveways would otherwise be separated by less than 20 feet (i.e., the width of one on-street parking space). When a driveway/curb cut serves more than one lot, the developer shall record an access and maintenance easement/agreement to benefit each lot, prior to building permit issuance.

(5) Common areas. "Common areas" (e.g., landscaping in private tracts, shared driveways, private alleys, and similar uses) shall be maintained by a homeowners association or other legal entity. A homeowners association may also be responsible for exterior building maintenance. A copy of any applicable covenants, restrictions and conditions shall be recorded and provided to the city prior to building permit approval.

(6) Utilities. Each lot shall have separate public and private utilities.

(C) Townhome lots. Townhome lots allow for two-unit townhomes outside of the cluster development standards (§ 153.094). A townhome lot is intended to allow for the development that looks, feels and acts like a duplex but allows for separate unit ownership of not only the building but the land as well. The following criteria shall be met for the approval of a townhome lot:

(1) Minor partition. The process for creating a townhome lot shall follow the process and platting procedures for a minor partition in § 153.160.

(2) Lots shall be restricted to site-built homes attached by common wall. A deed restriction may be required and shall be recorded with the partition plat.

(3) Access. Driveways shall be combined unless an existing structure makes it impractical or in the case of a corner lot where units may face different streets.

(4) Townhome lot size. Each lot shall be approximately half the size of the original lot and/or meet the minimum dimensional standards listed in § 153.036 for lot size and street frontage.

(5) Structure. The structure itself shall meet all the dimensional standards of the required zone including parking.

(6) Utilities. All utilities public and private shall be separate.

(Ord. 1180, passed 6-14-11; Am. Ord. 1262, passed 12-8-20)

(A) The provision and maintenance of off-street parking and loading facilities are continuing obligations of the property owner. No building permit shall be issued until plans are submitted and approved by the city that show property that is and will remain available for exclusive use as off-street parking and loading facilities as required by this section and this chapter. The subsequent use of property for which the building permit is issued shall be conditional upon the unqualified continuance and availability of the required parking and loading facilities set forth by this section and this chapter. It is not, however, the intent of these provisions to require off-street parking and loading facilities in a manner as to unreasonably limit improvements to existing structures and uses, particularly in that area identified as the Downtown Core Commercial area.

(B) Applicability. Unless exempted by this section, all construction, reconstruction, enlargement of a structure or at the time a use is changed in any zone off-street parking facilities shall be provided in accordance with the requirements set forth by this section and § 153.086.

(C) Exemptions. The following are exemptions in all zones:

(1) Outright uses existing on or before the effective date of the ordinance codified in this chapter on a lot or parcel of land that has no remaining room for off-street parking and loading facilities.

(2) Exterior remodeling and/or expansion of a use up to and not exceeding 25% of the total square footage of all structures on a specific lot or parcel under unit ownership; however, any existing parking displaced by the remodeling and/or expansion shall be replaced.

(3) Changes of uses that are permitted outright in a zone and occupy an existing building or site that is either similar to the previous use or of equal or lesser impact to the site with regard to traffic impacts as determined by the reviewing authority and City Engineer. A change of use application may be required to make this determination.

(D) Specific parking requirements by zone.

(1) R-1, R-2, R-3 and R-4 Zones.

(a) No specific requirements; the number of spaces required are listed in the table below; spaces shall meet city standards.

(2) R-5 Zone.

(a) Shall meet the applicable requirements set forth in the parking table in subsection (E) of this section; 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.

(3) C-1 Zone. More specifically, the provisions of this section shall be exempted for uses permitted outright in a C-1 Zone, which occupy an existing building on a parcel of land which contains no room for parking. For those parcels of land which do have room for parking, the standards of this section shall apply.

(a) All employee and customer parking shall be provided entirely off-street on an area or facility, public or private, designated for such use, unless otherwise approved by the City Planning Commission.

(b) In the event that the city has established a process for a parking in lieu of fee, this fee may be used to reduce required parking in accordance with the policy. This fee would then be used for future public parking facilities.

(c) Redevelopment of existing second and third floor uses, including residential uses, shall also be exempt from the parking requirements.

(d) Required parking for new construction shall utilize alleys to the greatest extent possible primarily placing required parking at the rear of the structure and not along the primary or higher order street.

(e) Bicycle parking shall be provided with all new construction at a minimum of two spaces per use. Consolidation of bicycle racks per block is allowed.

(4) C-2, C-3, C-4 and C-5 Zones. All parking demand created by any use permitted in this zone shall be accommodated entirely on site or off-street on another area or adjoining site within a reasonable walking distance of not more than 1,200 feet that is available for the subject use in compliance with the standards set forth herein. The location of any off-site parking area that requires pedestrians to cross an arterial or major collector street or highway to obtain access to the subject use is prohibited.

(a) No use permitted in this zone shall require the backing of traffic onto a public street right-of-way to accommodate ingress or egress to any use or the premises thereof unless approved otherwise by the city.

(b) Bicycle parking shall be provided at a rate of one space per 12 vehicle parking spaces.

(5) M-1, M-2 and IP Zones. All parking demand created by any use permitted in this zone shall be accommodated entirely on site or off-street on another area or adjoining site shared by one or more uses permitted in this zone. The location of any off-site parking area that requires pedestrians to cross an arterial or major collector street or highway to obtain access to the subject use is prohibited.

(E) Parking table. Where the square feet of the structure or use are specified as the basis for the requirements, the area measured shall be the gross floor area primary to the functioning of the particular use of the structure and property. When the requirements are based on the number of employees and/or the number of occupants, customers or users, the number counted shall be the number of employees working on the premises during the largest shift at peak season, and the number of occupants, customers or users shall be counted as the maximum rated capacity. Fractional requirements shall be counted as a whole space. Off-street parking spaces meeting the minimum dimensional standards in § 153.086(I) may include spaces in garages, carports, parking lots, and/or driveways if spaces are accessible and vehicles are not parked in a vehicle travel lane (including emergency or fire access lanes). Parking spaces in a public street, including an alley, shall not be eligible as fulfilling any part of the parking requirement.

(Ord. 1180, passed 6-14-11; Am. Ord. 1208, passed 12-9-14; Am. Ord. 1262, passed 12-8-20)

(A) In the event that several uses occupy a single lot or building, the total requirements for off-street parking shall be the sum of the requirements of the several uses computed separately.

(B) Owners of two or more uses, structures or parcels of land may agree to jointly utilize the same parking, loading and access facilities when the hours of operation do not overlap; provided, however, that satisfactory legal evidence is submitted to and approved by the reviewing authority in the form of deeds, leases or contracts to establish the joint use and provide for improvements and maintenance thereof.

(C) Off-street parking spaces for dwellings shall be located on the same lot with the dwelling. Other required parking spaces shall not be located farther than 600 feet from the building or use they are required to serve, measured horizontally in a straight line from the building or use, or not more than 1,200 feet from the building or use they are required to serve, measured along the route of the shortest and most direct walking distance, whichever is greater.

(D) Required parking spaces shall be available for the parking of operable passenger automobiles of residents, customers, patrons and employees only, and shall not be used for storage of inoperable or other nonpassenger vehicles, materials or the parking of trucks used in conducting the business or use.

(E) Unless otherwise approved by the City Planning Commission, all areas used for parking and maneuvering of vehicles when required by § 153.085 shall have durable and dustless surfaces maintained adequately for all weather use as herein defined. DURABLE AND DUSTLESS SURFACES shall mean to be surfaced with asphaltic concrete, concrete or equivalent material. Exceptions include the following when the use is determined not to cause a nuisance and are approved by the reviewing authority:

(1) Parking in conjunction with single- and two-family dwellings.

(2) Parking and maneuvering of heavy equipment (ex.: saw mills, lumber yards, heavy equipment yards, shipping yards and warehousing).

(3) Storage of bulky merchandise (ex.: building materials, ranching and farming materials, contractor yards).

(F) The following off-street parking development standards shall apply:

(1) Parking areas, aisles and turnarounds shall be paved with concrete, asphaltic or comparable durable and dustless surfaces as defined in subsection (E) of this section, or as otherwise approved by an authorized official of the city.

(2) Approaches to driveways providing ingress and egress to parking areas shall be paved with asphalt, asphaltic concrete or concrete surfacing and inspected by the City Street Superintendent. In the event that a serving street is not paved, the approach may be maintained to the same standard as the street until the street is paved.

(3) Parking areas, aisles and turnarounds shall have provisions made for the on-site collection of drainage waters to filter contaminates and eliminate sheet flow of the waters onto or across sidewalks and other pedestrian ways, bike paths, public rights-of-way and abutting private property.

(4) In areas that are duly designated for parking, parking spaces shall be permanently and clearly marked except as otherwise approved by the city.

(5) Wheel stops and bumper guards shall be provided where appropriate for parking spaces abutting a property line or building and no vehicle shall overhang a public right-of-way or other property line. Unless otherwise approved, parking spaces along the outer boundaries of a parking lot shall be contained by a curb which is at least four inches high and set back a minimum of four and one-half feet from the property line or by a bumper rail.

(6) Artificial lighting for parking areas which may be provided or required shall be shielded or deflected so as not to shine directly into adjoining properties, dwellings or businesses and so as not to create a hazard to the public use of a street.

(G) Unless otherwise provided for, required parking spaces and other nonstructural parking facilities may be located in required yards and other setbacks.

(H) Except for parking to serve residential uses not including multifamily dwelling complexes, parking and loading areas adjacent to residential uses shall be designed to minimize disturbance of residents by the erection of a sight-obscuring fence of not less than four nor more than six feet in height, except where vision clearance is required.

(I) Except as may be approved or required otherwise by the reviewing authority, the standards set forth in the following table shall be the minimum size to count as an off-street parking space or drive aisle for parking lots, driveways, garages or carports approved under this section and this chapter (all figures are in feet).

(J) Except as otherwise provided for in this subsection, or as may otherwise be approved by the reviewing authority, required parking lots, areas and facilities shall be improved and available for use by the time the use to be served by the parking is ready for occupancy.

(1) An extension of time may be granted by the city or other jurisdictional authority providing a performance bond, or its equivalent, as approved by the city and the other jurisdictional authority, is posted equaling the cost to complete the improvements as established by actual contractor’s bid or by a licensed engineer approved and/or selected by the city.

(2) The extension of time may not exceed one year and, in the event the improvements are not completed within the one-year time period, and an additional time period is not granted by the city, the bond or its equivalent shall be forfeited and the improvements thenceforth constructed under the direction of the city.

(3) In no case shall the total time period of all extensions granted exceed a period of more than three years. In the case that costs to complete the construction are in excess of the bond or its equivalent, including the costs incurred by the city for engineering, bid preparation and advertisement, and construction inspection, the applicant and/or property owner shall be liable for the extra costs.

(K) Loading and unloading.

(1) Passengers. A driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading children shall be located on the site of any school having a capacity greater than 25 students.

(2) Merchandise, materials or supplies. Buildings or structures to be built or substantially altered which receive and distribute material or merchandise by truck or other motor vehicle shall provide and maintain off-street loading berths in sufficient numbers and size to adequately handle the needs of the particular use.

(a) If loading space has been provided in connection with an existing use or is added to an existing use, the loading space shall not be eliminated if elimination would result in less space than is required to adequately handle the needs of the particular use.

(b) Off-street parking areas used to fulfill the requirements of this section and this chapter shall not be used for loading and unloading operations except during periods of the day when not required to take care of parking needs of the subject use.

(L) Access aisles and service drives.

(1) Access aisles shall be surfaced and of sufficient width for all vehicle turning and maneuvering, and in no case shall access aisles be approved which are less than 12 feet in width.

(2) All residential off-street parking areas commencing from a public street or highway shall have at least one service drive, surfaced with a durable and dustless surface as defined in subsection (E) of this section, and all service drives shall likewise be so surfaced.

(3) Service drives to off-street parking areas shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic ingress and egress, and maximum safety of pedestrians and vehicular traffic on site.

(4) Groups of more than four parking spaces shall be served by a driveway so that no backing movements or other maneuvering within a street other than an alley will be required to accommodate ingress and egress. Driveways serving the areas shall be designed and constructed to facilitate the flow of traffic on and off the site, with due regard to pedestrian and vehicle safety, and shall be clearly and permanently marked and defined. In no case shall two-way and one-way driveways be less than 24 feet and 12 feet in width respectively.

(5) The number of required service drives shall be determined by the City Superintendent of Public Works, City Council or other jurisdictional authority.

(6) All commercial service drives shall be clearly and permanently marked and defined through use of rails, fences, walls or other barriers or markers on frontage not occupied by service drives.

(7) Service drives shall have a minimum vision clearance area formed by the intersection of the driveway centerline, the street right-of-way line and a straight line joining the lines through points 20 feet from their intersection or as otherwise required in § 153.081.

(M) For those uses which require off-street parking, a plan drawn to scale indicating how the off-street parking and loading requirements are to be fulfilled shall accompany the application for site plan review or conditional use permit. The plan shall show all those elements necessary to indicate that these requirements are being fulfilled and shall include, but not be limited to, the following:

(1) Delineation of individual parking spaces.

(2) Circulation area necessary to serve spaces.

(3) Access to streets, alleys and properties to be served.

(4) Proposed curb cuts, locations and widths.

(5) Dimensions, continuity and substance of screening.

(6) Landscape, lighting and signage plans.

(7) Grading, drainage, surfacing and sub-grading details.

(8) Delineations of all structures or other obstacles to parking and circulation on the site.

(Ord. 1180, passed 6-14-11; Am. Ord. 1262, passed 12-8-20)

The following minimum landscape requirements are established for all developments subject to design review plan approval, unless approved otherwise by the reviewing authority:

(A) Landscaping defined. Required landscaping may include, but is not limited to, a combination of any of the following materials: living plant material such as trees, shrubs, ground cover, flowers and lawn (including native vegetation); and nonliving materials such as benches, walkways and courtyards, consisting of brick, decorative rock or other decorative materials.

(B) Existing vegetation. Existing site vegetation may be utilized to the maximum extent possible consistent with building placement and the applicable proposed landscape plan.

(C) Area required. Minimum area requirements may include requirements for landscaping around buildings, along fence lines, in parking and loading areas, outdoor recreational use areas and screening and buffering areas. Except as approved otherwise by the reviewing authority, the area required for landscaping is expressed as a percentage within the zone dimensional tables and/or the following:

(1) Multifamily dwellings and complexes: 20%.

(2) Downtown Enhancement Plan C-1 Zone.

(3) Parking lots. Parking areas shall be required to be landscaped in accordance with the following minimum requirements:

(a) In commercial and residential developments, parking areas shall be divided into bays of 12 spaces and between or at the end of each parking bay a curbed planter containing at least 16 square feet shall be required. Parking areas less than 12 spaces may require curbed planters as part of the landscape standard.

(b) Each planter should contain at least one tree and ground cover. An applicant may submit alternate plans for review and approval.

(c) The areas shall be designed to be protected from being damaged by vehicles using the parking area.

(d) Clear vision at the intersection within a parking area shall be maintained to provide adequate vision of vehicles and pedestrians.

(e) Unless sidewalks are provided adjacent to a structure, customer or resident parking areas should be separated from the exterior wall of a commercial or residential structure by a minimum four-foot strip of landscaping.

(f) Where a parking, loading or driveway area serving a multifamily, commercial, industrial or government use abuts a public right-of-way of a collector or arterial street or a local street across from a residential zone, or abuts a residential zone, a screen planting or other approved landscaped planter strip may be required between the parking area and the right-of-way without encroaching into a clear vision area or sidewalk.

(4) Buffering and screening. Requirements for buffering and screening may exceed the area requirement listed above. When required, buffering and screening areas shall conform to the following minimum requirements:

(a) Purpose. The purposes of buffering and screening requirements are to reduce the impacts of a proposed use on adjacent uses and zones which provide for different types of uses. The reviewing authority may waive or reduce the requirements where existing topography or vegetation is appropriate or otherwise negates the effectiveness or intended purpose or benefits of the buffering and screening.

(b) An aesthetic and/or noise reducing landscaped buffer may be required between land uses as follows:

1. Commercial uses abutting a residential zone, public recreation area or use, institutional use, scenic resource, noise sensitive use or public right-of-way.

2. Industrial uses abutting residential or commercial zones, public recreation area or use, institutional use, scenic resource, noise sensitive use or public right-of-way.

3. Multifamily complexes containing four or more units abutting a residentially zoned parcel that is limited to single-family residential use, public recreation area, scenic resource, institutional use or public right-of-way.

4. Manufactured or mobile dwelling subdivision or park abutting a residentially zoned parcel that is limited to single-family residential use, public recreation area, scenic resource, institutional use or public right-of-way.

5. Public or private recreation area or facility abutting a residential or commercial use, institutional use, scenic resource, noise sensitive use or public right-of-way.

(c) A buffer or screening area may only be occupied by screening utilities and landscaping materials, but the same may be located within the required yard or setback requirements provided vision clearance requirements are complied with.

(d) In lieu of the foregoing requirements, an applicant may provide for landscaping and screening, including plantings, fences, walls, walks and other features designed to afford the same degree of buffering as the standards above. A plan and specifications for an alternative shall be reviewed and approved by the reviewing authority with jurisdiction over the approval of the applicable use.

(D) Plant material installation standards. Except as otherwise approved by the city, the following standards shall apply to plant materials and the installation thereof as provided in accordance with the provisions of this section:

(1) Landscape plant materials shall be properly guyed and staked, and shall not interfere with vehicular or pedestrian traffic or parking and loading.

(2) Trees shall be a minimum size of eight feet in height and be fully branched at the time of planting.

(3) Shrubs shall be supplied in one-gallon containers or six-inch burlap balls with a minimum spread of 12 inches.

(4) Rows of plants should be staggered to provide for more effective coverage.

(E) Maintenance and plant survival. All landscaping approved or required as a part of a development plan shall be continuously maintained, including necessary watering, weeding, pruning and replacement of plant materials. Except where the applicant proposes landscaping consisting of drought-resistant plantings and materials that can be maintained and can survive without irrigation, landscaped areas shall be irrigated. If plantings fail to survive, it is the responsibility of the property owner to replace them.

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

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)

(A) Grading, cutting and filling of building lots or sites. Grading, cutting and filling of building lots or sites shall conform to the following standards unless physical conditions warrant other standards as demonstrated by a licensed engineer; in such a case, the documentation justifying such other standards shall be set forth in writing thereby.

(1) The city may require a grading plan by a licensed engineer for any new construction or proposed alteration of a site.

(2) Alterations greater than three feet from the natural pre-existing grade or any alteration greater than one foot within ten feet of a property line shall require a grading permit from the City Engineer; at the discretion of the City Engineer the applicant may be required to submit a plan prepared by a licensed engineer and public notice of neighboring properties.

(3) A grading plan, if required, shall demonstrate construction feasibility, and the engineer shall attest to such feasibility and shall certify an opinion that construction on the cut or fill will not be hazardous to the development of the property or to surrounding properties.

(4) The City Engineer’s decision on the proposal shall be based on the following considerations:

(a) That based on the engineer’s report, that construction on the cut or fill will not be hazardous or detrimental to development of the property or to surrounding properties.

(b) That construction on such a cut or fill will not adversely affect the views or privacy of any adjacent property beyond that which could reasonably be expected without the cut or fill based on the provisions of the underlying zone; or that modifications to the design and/or placement of the proposed structure would be sufficient to minimize such adverse impact.

(c) That the proposed grading and/or filling will not have an adverse impact on the drainage on adjacent properties, or other properties down slope.

(d) That the characteristics of soil to be used for fill, and the characteristics of lots made usable by fill, shall be suitable for the use intended.

(e) Cut slopes shall not exceed one foot vertically to one and one-half feet horizontally.

(f) Fill slopes shall not exceed one foot vertically to two feet horizontally.

(5) Filling of wetlands shall only be permitted outside of the Natural Features Overlay District (Chapter 155) and after a permit has been issued by the Division of State Lands (DSL) and U.S. Army Corps of Engineers (if applicable). The City Planning Official, the Building Official, and City Public Works Superintendent shall find that the filling will not cause flooding of adjacent properties or public streets or drainage systems, and that drainage systems are adequate to handle actual or projected storm runoff.

(B) Filling within the designated floodway of Ochoco Creek and Crooked River is prohibited. Filling within the floodplain is prohibited unless necessary to elevate a structure to meet the standards of Chapter 151, Flood Damage Prevention. Filling for any reason is discouraged within the floodplain while a no-net-fill approach or structural solutions such as raised stem walls with pass through vents is preferred.

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

Fences, except of barbed wire and of similar hazardous materials, are permitted in any zone and do not require a zoning permit for construction. The fences shall, however, be in compliance with the following provisions:

(A) Fences within the setback areas of yards shall not exceed six feet in height except as otherwise approved as a Type I conditional use and constructed to meet Building Code requirements.

(B) Fences which may be located in front yards shall not exceed four feet in height with the exception of the M-1 and M-2 Zones, decorative fencing such as wrought iron that can be easily seen through and flag lots where lot lines may conflict with neighboring side and rear lot lines. All other exceptions shall be approved by the Planning Commission based on unique circumstances or land use. (For the purposes of this section, FRONT YARD shall be defined as the area between the street and nearest point of the primary structure.)

(C) Fences which may be located within clear vision areas shall not exceed two and one-half feet in height.

(D) Fences shall not be located within a surface water or wetland setback. (See Chapter 155, Natural Features Overlay District (NFOD) and Slope Hazard Requirements).

(E) Fences shall be maintained in good condition at all times and shall not create any unsightly or hazardous condition.

(F) All fences, or portions thereof, shall be located or constructed in a way as to not prevent reasonable access to abutting properties for building maintenance or fire protection purposes.

(G) Fences, or portions thereof, shall be located or constructed in a manner as to not unreasonably obstruct significant scenic views of the valley, mountains or natural features of the area from adjacent buildings.

(H) The height of a fence shall be measured from the ground level where located. A fence may be placed on top of a retaining wall where the property has been leveled to one side. The ground may not be elevated for the sole purpose of elevating a fence.

(I) As applicable, the construction or reconstruction of fences shall comply with the Building Code as administered by the City or County Building Department.

(J) No owner or person in charge of property shall create a hazard by being the owner or otherwise having possession of property where there is a fence that is not structurally stable.

(K) No owner or persons in charge of property shall construct or maintain a barbed-wire fence along a sidewalk or public way; except the wire may be placed above the top of fencing that is not less than six feet high.

(L) No owner or person in charge of property shall construct, maintain or operate an electric fence along a sidewalk or public way or along the adjoining property of another person.

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

Except as otherwise required for compliance with the Uniform Building Code as administered by the City-County Building Department, the following provisions are applicable to decks:

(A) Decks may be constructed within setback areas up to three feet from the property line, provided they shall not exceed three feet in height and are not covered, or have fixed attachments that rise above six feet. Height of the deck and any attachments shall be measured from the ground level where located.

(B) Decks abutting a stream channel or riparian habitat shall adhere to Chapter 155, Natural Features Overlay District (NFOD) and Slope Hazard Requirements.

(C) Decks shall be constructed in a manner as not to be detrimental to abutting properties or obstruct scenic views from adjacent buildings.

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

It shall be unlawful to keep inoperative vehicles or vehicle parts within view of persons on a public street or adjacent properties, or to keep unsightly or potentially hazardous accumulations of debris within view of persons on the public street or adjacent properties.

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

(A) Purpose. The purpose of this section is to ensure that certain commercial activities are carried out in a manner that is aesthetically compatible with adjacent and area uses, minimizes congestion, minimizes impacts on pedestrian circulation, maintains open space areas designed for pedestrian use and maintains the residential characteristics of residential areas.

(B) Prohibition. Except as otherwise approved by the reviewing authority, all commercial uses shall be conducted entirely within a completely enclosed building, except that the outdoor storage display, sale or rental of merchandise or services may be permitted where the standards of subsection (D) of this section are met.

(C) The following uses and activities, subject to applicable conditions and subsection (E) of this section, are exempt from the prohibition set forth in subsection (B) of this section:

(1) The sale of living plants and plant materials.

(2) Outdoor seating common to a use permitted within the applicable zone.

(3) Christmas tree sales lot.

(4) Vehicle charging stations and/or dispensing fuel at service stations.

(5) Newspaper vending.

(6) Sales of food items, arts and handicrafts by a nonprofit organization.

(7) Automatic teller machines, subject to the design review requirements set forth in this subchapter.

(8) Outdoor displays of merchandise common to a use permitted within the applicable zone such as retail store fronts, automobile sales, boat sales, building materials, farm and other heavy equipment, hardware and the like, when such is approved as an integral component of an approved use within the applicable zone.

(9) Outdoor sales of goods and materials as a part of a business community sidewalk, patio or other promotional sales event.

(10) Community outdoor sales events and activities in association with a community event such as a Fourth of July celebration, fair, rodeo, centennial and the like.

(11) Garage, patio and yard sales on an individual or group basis, including community sponsored flea or farmers markets.

(12) Outdoor sales or goods and materials authorized pursuant to Chapter 110.

(D) The outdoor storage, display, sale or rental of merchandise or services may be permitted where any of the following conditions are met:

(1) The outdoor storage, display, sale or rental of merchandise or services is permitted, approved or commonly identified as an accessory use or common component of a use permitted within a specific zoning designation.

(2) The outdoor area in which the merchandise or service is stored, displayed, sold or rented is accessible only through a building entrance or other entrance to a business in a secured area of the business.

(3) The outdoor area is screened from a public street or adjacent property in a manner approved by the design review plan reviewing authority.

(E) The following additional requirements are applicable to certain types of outdoor merchandising:

(1) Displays or merchandise placed on a public or private sidewalk, walkway or path shall be located so that the use of the area by people with disabilities is not impeded. This standard shall be met by maintaining the minimum requirements of the Americans with Disabilities Act (ADA) as amended.

(2) Nonprofit organization sales. The sale is authorized by the City Planning Official, Manager or other city official after finding all of the following:

(a) The sale has the approval of the owner or lessee of the property on which it is to take place.

(b) The sale will be located in a manner that will not interfere with pedestrian or vehicular traffic.

(c) The sale will not interfere with the operation of adjacent businesses.

(d) The sale is an annual or semi-annual event, or is planned as such, or is being held for a special fund-raising purpose.

(e) The sale shall be for a specified period of time, and the duration of the sale shall not exceed three days.

(Ord. 1180, passed 6-14-11; Am. Ord. 1265, passed 7-13-21)

In any zone, a cluster development may be permitted when authorized in accordance with the procedures for the type of development and in accordance with the applicable subdivision standards set forth in this chapter.

(A) A cluster development is a development technique wherein structures or lots are grouped together around access courts or cul-de-sacs, or where lot sizes surrounding structures are reduced while maintaining the density permitted by the applicable zoning designation.

(1) A cluster development may be permitted to maintain open space, preserve natural features, reduce street and utility construction and to increase the attractiveness of a development and the surrounding area.

(2) Clustering may be carried out within the context of a subdivision, partitioning, PUD, replatting of existing lots or other reviews provided for by this chapter.

(3) Attached single-family dwellings or townhomes may be permitted by the reviewing authority pursuant to § 153.084, so long as the density of the applicable zone is not exceeded; provided, that the overall design is considered to be in the best public interest and in the interest of the city.

(4) The reviewing authority may permit reduction in the minimum lot size or dimensional standards, setbacks or other standards of the applicable zone so long as the density requirements of the zone are maintained, and provided the overall design is considered to be beneficial to the residents of the development and to the city as a whole. An outline development plan (ODP) per § 153.157(B) may be required to regulate the initial development, including overall dwelling density and construction feasibility.

(5) The establishment of a homeowners association (HOA) shall be required to maintain common open space and amenities not otherwise maintained by the public.

(B) For example, for a development in an R-2 Zone, the reviewing authority may waive the minimum lot size standard of 5,000 square feet for single-family dwellings and duplexes, for an equivalent overall net density (see definition). Net density only refers to the creation of the lots, not the number of dwellings allowed per lot.

(C) Factors to consider and/or require in the approval of a cluster development include, but are not limited to, the following:

(1) Submittal of an outline development plan per § 153.157(B).

(2) Excellence in design and site utilization.

(3) Provision for a variety of housing or other use types.

(4) Maximization of cost-benefit ratios for purchasers and providers of public services and facilities.

(5) Preservation of significant natural, vegetative or other significant publicly beneficial features or resources.

(6) Inclusion of publicly available recreation, social, educational or other publicly beneficial uses and developments.

(7) Donation of land area for public purposes identified as a need in the area or in the community.

(8) Other factors beneficial to the general public, residents of the proposed development and the city as a whole.

(Ord. 1180, passed 6-14-11; Am. Ord. 1229, passed 2-28-17; Am. Ord. 1262, passed 12-8-20)

(A) Manufactured home placement. The provisions set forth by this subsection govern the placement of manufactured homes in the city and the urban area thereof.

(1) Purpose. This subsection (A) is designed to comply with the provisions of ORS 197.307 governing the placement of manufactured homes, as herein defined, within the city and the urban area thereof.

(2) Manufactured home minimum size. For the purposes of these regulations, manufactured home sizes are permitted as follows:

(a) Individual lots or parcels. Shall have more than 750 square feet of living space in a double or multi-sectional unit.

(b) Accessory dwellings. Shall meet accessory dwelling code § 153.080.

(c) Temporary residences. Temporary residences approved under subsection (D) or (F) of this section have no specific size requirement.

(d) Manufactured home parks. Have no specific size requirement unless required by the State of Oregon Building Code.

(e) Manufactured home subdivision. Shall meet the size requirements of an individual lot unless specifically approved otherwise by the Planning Commission.

(3) General provisions.

(a) Manufactured homes are permitted as shown in the use tables of this chapter.

(b) Manufactured homes are also permitted as replacements to existing nonconforming manufactured homes provided the unit is found to be an improvement over current housing of or for the applicant.

(c) Manufactured home parks are permitted as shown in the use tables of this chapter.

(d) In addition, manufactured home parks and subdivisions may be planned under the provisions of a planned unit development, which may be used to provide for individual ownership of manufactured homes and sites and common ownership and maintenance of other lands and facilities.

(e) Manufactured home subdivisions as defined are only permitted as a Type II conditional use as shown in the use tables of this chapter.

(f) Nothing in these provisions shall be interpreted as abrogating or superseding any recorded deed restriction or protective covenants.

(g) Except as specified otherwise by this subsection (A), the standards for subdividing and developing land for and within manufactured home parks and subdivisions shall be the same as for all other developments in accordance with the provisions of this chapter.

(h) Where standards for manufactured homes and developments therefor are established by state law or administrative rule, the requirements shall be in addition to the provisions of this subsection (A).

(i) All manufactured homes at the time of placement shall meet the minimum standards as adopted by the State Building Codes Division. 

(4) Definitions. For the purposes of this subsection (A) only, the definitions of terms used herein and not defined in this chapter shall be as defined in ORS Chapter 446 or OAR Chapter 814, Division 23 as such may be amended.

(B) Manufactured home placement requirements.

(1) Shall comply with the placement requirements of the Building Code.

(2) Have wheels, axles and hitch mechanisms removed.

(3) Have utilities, public sewer and water connected in accordance with Oregon Department of Commerce requirements, manufacturer’s specifications, and city standards.

(4) Bear an insignia of compliance with the Manufactured Housing Construction and Safety Standards Code.

(5) Have a pitched roof with a minimum slope of 3/12 with eaves and trim on all sides.

(6) Have exterior siding, trim and roofing materials that are similar in appearance and complementary to other homes in the same general area, including the type, color and horizontal or vertical placement of materials as determined by the reviewing authority.

(7) Have a garage or carport constructed of like materials and color to the dwelling unit. An attached or detached garage may be required if consistent with the predominant construction of the immediate surrounding dwellings.

(8) Foundations/skirting.

(a) All manufactured homes outside of a manufactured home park shall be placed on an excavated and back-filled foundation and enclosed at the perimeter in accordance with the building code. Foundations shall be concrete or block unless approved otherwise by the reviewing authority.

(b) All manufactured homes within a manufactured home park may be either placed on a foundation or be installed with an approved foundation siding/skirting enclosing the entire perimeter of the home.

(9) Additions or accessory structures.

(a) Except for a structure which conforms to the state definition of a mobile or manufactured home accessory structure, no other extension shall be attached to a manufactured home, except a garage or carport constructed to the Oregon State Building Code.

(b) Roofing and siding materials shall be of similar material and color, and complementary to the original unit, and roofs shall have eaves and trim on all sides.

(c) In no case shall any structures or additions to the units be constructed in a manner as to fully enclose the original unit, nor may any such unit be fully enclosed by additional walls or roof structures.

(10) Other standards or limitations.

(a) Except for factory constructed components intended to be joined together to form a single manufactured home unit, no two or more manufactured home units may be joined together to form a single dwelling unit, nor may a manufactured home unit be joined together with a conventional constructed dwelling unit to form a single dwelling unit.

(b) Manufactured home units shall not be joined or interconnected in any manner for utilization as multifamily dwelling units.

(c) All manufactured home lots and spaces shall be provided with sanitary sewer, electric and potable water with easements dedicated where necessary to provide the services. All such utilities shall be located underground.

(d) All pre-owned and pre-occupied units shall be inspected by a certified Building Official prior to installation and occupancy to ensure that the units are in a condition as to not be detrimental to the public health, safety and general welfare of the occupants or to the adjoining properties. The costs of the inspection shall be borne by the applicant. In lieu of an actual inspection of the units which are not readily available for the inspection, the applicant may submit current color photographs of the unit, both exterior and interior, and a certification by the current owner as to the condition of the unit.

(e) No manufactured home shall be occupied for living purposes unless connected to local water, sewer and electrical systems.

(f) No manufactured home shall be sited adjacent to any structure listed on the Register of Historic Landmarks except within a duly approved manufactured home park.

(C) Placement permits required.

(1) Requirements. Prior to the location, relocation or establishment of any manufactured home, the homeowner or authorized representative shall secure from the Building Official a placement permit and from the city a site plan permit which, in combination, state that the building and its location conform with this chapter. Each application for a placement permit and a site plan permit shall be accompanied by the following:

(a) A plot plan as required for all dwelling units, but which at a minimum requires elevations or photographs of all sides of the manufactured home, exterior dimensions, roof materials, foundation support system and enclosure design.

(b) Any other information as may be required by the Building Official, City Planning Director or other reviewing authority, for proper enforcement of this chapter.

(c) For a manufactured home park, these requirements may be consolidated with concurrence of the Building Official and the Planning Director for multiple placements in accordance with the approved park plan.

(2) Additional action necessary. If, after receipt of the information required for either a placement or a site plan permit, the Building Official or the Planning Director finds that the applicant has not fully met the standards set forth in this subsection, and the changes or additional actions needed are deemed by the Building Official or Planning Director to be relatively minor and/or required to meet applicable codes, a conditional approval may be issued with the stated conditions which must be met prior to occupancy set forth and the reasons for change clearly stated in writing. An appeal of the decision may be submitted and processed in accordance with the applicable provisions relevant thereto.

(3) Suspension or revocation of permit. The Building Official or Planning Director may, in writing, suspend or revoke a placement or site plan permit issued under the provisions of this subsection whenever it is found that the permit has been issued in error or on the basis of incorrect information or upon the failure of the applicant to comply with minimum standards or conditions upon which the respective permit approval was issued.

(D) Manufactured homes and RVs as temporary residences. A single-wide or single unit manufactured home, or recreation vehicle (RV), may be authorized as a temporary residence if found to comply with the following conditions:

(1) Residential use during construction of a home.

(a) The unit shall only be placed upon a lot or parcel and occupied by the owner or builder for which a building permit for a conventional housing unit or a placement permit for a manufactured home meeting the standards of the applicable zone has been obtained.

(b) Only one unit shall be allowed and shall only be occupied during a period in which satisfactory progress is being made towards the completion of the conventional housing unit or placement of the manufactured home for which a permit has been obtained, and in no case shall the time period exceed 18 months involving a conventional dwelling or six months involving a manufactured home.

(c) The owner of the lot agrees in writing to remove the manufactured unit from the lot no later than the applicable time period set forth in subsection (D)(1)(b) of this section or not later than one month following the completion of the unit or placement of the manufactured home, whichever occurs first.

(d) Except in the case of a self-contained RV, public sewer and water connections shall be provided, as well as electric power.

(e) The City Planning Official may review permits issued under this subsection (D) at any time and revoke the permits when found to not be in compliance, including evidence of unsatisfactory progress on construction or placement of the intended permanent housing unit.

(E) RVs: residential use. Recreational vehicles may not be occupied for residential purposes or other purposes on any lot in the city except as follows:

(1) As permitted as a temporary residence by subsection (D) or (F) of this section.

(2) In an approved recreational vehicle park or in an approved mobile or manufactured home park on spaces specifically approved for RV vehicle use.

(3) As a temporary residence by guests of the owner for a period not to exceed seven days out of any 30-day period, particularly during major local events such as rodeos, fairs, races, school and community events, adult and youth athletic events and similar events.

(F) Recreational vehicles and manufactured homes: temporary residence for care of an elderly or infirm person; or person with disabilities.

(1) It is the intent of this temporary use permit to provide for the temporary placement and use of certain structures which, because of personal hardship and special needs, require and warrant special consideration for the special temporary use.

(2) No such use shall be approved unless there is a finding by the reviewing authority that there will not be any adverse impact on the welfare of adjacent properties and the community as a whole, nor a detriment to the overall intent of this chapter and the applicable zone designation.

(3) No temporary permit shall be granted which would have the effect of creating a permanent rezoning, nonconforming use or variance or when the use is not permitted to continue at the expiration of the permit period.

(4) As a temporary special use permit in every zone in which residential uses are permitted, the City Planning Official, as a Type I conditional use permit, may approve one manufactured home or RV in conjunction with a primary dwelling unit with the following findings and limitations:

(a) That the unit is necessary to give care for or provide custody of an elderly or infirm person; or person with disabilities, who a medical doctor certifies is in need of this special kind of care or custody.

(b) The applicant and permit holder is the owner and resident of the primary dwelling and is the care provider for the person for which the special use permit is granted.

(c) That no additions to the manufactured home or RV unit shall be permitted, nor shall the unit be connected in any way, except for a covered walkway to the main dwelling unit.

(d) That all residential utilities and facilities deemed necessary can be and are provided.

(e) That all setback requirements of the applicable zone designation can be met.

(f) That the subject manufactured home or RV unit is not of a condition as to constitute a visual nuisance or be a safety hazard to the occupant thereof.

(5) A temporary special use permit granted under this subsection shall be null and void when the elderly or infirm person; or person with disabilities who is the subject of the permit moves to another residence or is absent from the residence for more than 120 days, or leaves the residence with no likelihood of returning. Exception to the 120-day limit may be approved because of extraordinary circumstances such as extended hospitalization, but in any case, the subject unit shall not be occupied by any other person(s) other than originally intended and approved for.

(6) Within 30 days of the permit becoming void or revoked, the unit shall be removed by the owner of the real property unless otherwise approved by the city.

(7) The city may review permits issued under this subsection at any time, and revocation thereof shall be effective upon a finding of noncompliance with the provisions of this subsection or with any other conditions set forth at the time of issuance of the permit.

(8) The permits shall be issued on a one-year basis and renewable on an annual basis without reapplication or additional fees provided compliance with the conditions applicable to the permit are maintained.

(9) A unit placed under a permit authorized by this subsection shall be located as close as possible to the primary dwelling.

(G) Manufactured dwellings limited to parks. All single-wide manufactured dwellings shall be limited to location within a duly approved manufactured dwelling park or as a temporary use authorized by this chapter or unless approved otherwise as a conditional use pursuant to the provisions of this chapter.

(Ord. 1180, passed 6-14-11; Am. Ord. 1229, passed 2-28-17; Am. Ord. 1262, passed 12-8-20; Am. Ord. 1265, passed 7-13-21)

Domestic livestock shall be permitted as provided for by the respective zoning designations set forth in this chapter, but shall be subject to the following limitations:

(A) Except as provided otherwise in this section, the total number of all animals (other than their young under the age of six months) allowed on a lot shall be limited to the square footages listed below for each adult animal or similar type of animal listed. These areas shall be exclusively for the animals.

(2) The number of adult chickens, fowl or other poultry or rabbits over the age of six months shall not exceed one for each 1,000 square feet of total lot area. The number of young (under the age of six months) allowed on the property at any time shall not exceed three times the allowable number of adults.

(3) The number of colonies of bees allowed on a lot shall be limited to one colony for each 5,000 square feet of lot area. Colonies shall be set back a minimum of five feet of any property line. Hives shall be placed on property so the general flight pattern of bees does not unduly impact neighboring properties or their inhabitants. A flyway barrier at least five feet in height consisting of a solid wall, solid fencing material, dense vegetation or a combination is required to encourage bees to fly at an elevation of at least five feet above ground level over property lines in the vicinity of the colony. In any instance in which a colony exhibits aggressive behavior, the beekeeper must ensure that the colony is re-queened. Every beekeeper shall maintain an adequate supply of water for the bees located close to each hive.

(B) Animal runs or barns, chicken or fowl pens shall be reasonably screened from public streets and neighboring properties.

(C) Animals, chickens and/or fowl shall be properly caged or housed, and proper sanitation shall be maintained at all times. All animal or poultry food shall be stored in metal or other rodent-proof receptacles.

(D) No other livestock except for domestic dogs and cats are permitted, and stud horses, bulls and roosters are specifically prohibited.

(E) Domestic livestock kept solely for the purpose of a youth livestock project such as 4-H or FFA may be exempted from the square footage requirements of this section; provided, that the following conditions are complied with:

(1) Evidence is provided to the City Planning Official that the youth is duly enrolled in a 4‑H or FFA livestock project and an outline of the planned project, including animal types and numbers, is also provided.

(2) An acknowledgment of the project and an agreement or statement of no objections to permit the same is provided from all adjoining property owners.

(3) Failure to comply with the sanitation control and other requirements of this section may result in the cancellation of the exemption.

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

Repealed by Ord. 1208.

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