Prineville City Zoning Code

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.

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

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.

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

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.

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.

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.

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.

Building Code. The structure shall comply with the current Building Code.

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

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.

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

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.

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.

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

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

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.

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.

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.

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.

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.

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

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

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.

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.

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

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

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.

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

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

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.

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.

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

As applicable, a city business license shall be required.

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

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

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

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

The types and numbers of animals permitted may be specified.

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

No on-site disposal of animals shall be permitted.

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

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.

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

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

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.

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.

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.

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.

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.

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

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.

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.

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

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.

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

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.

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.

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.

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.

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.

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.

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

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.

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.

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:

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.

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.

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

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.

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

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.

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.

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.

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.

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

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.

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.

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.

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.

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

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 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.

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.

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.

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.

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

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

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.

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.

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.

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

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

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.

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

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.

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.

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.

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.

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.

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

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.

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.

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

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:

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.

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

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

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.

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.

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.

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.

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

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

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

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

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.

Structures shall be designed to be as unobtrusive as possible.

Wherever feasible, all utility components shall be placed underground.

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

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

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

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

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.

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.

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).

Location of the site relative to the service area.

Probable growth and needs therefor.

Site location relative to land uses in the vicinity.

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

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.

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.

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.

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.

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

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

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.

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

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.

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.

The most appropriate use of the land.

Setbacks from the property lines and surrounding uses.

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

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

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

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.

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

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

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.

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

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

Probable growth and needs therefor.

Site location relative to land uses in the vicinity.

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

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.

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.

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.

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

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.

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

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.

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

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

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

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

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.

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

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

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

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

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.

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).

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.

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:

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.

Utilities. Each lot shall have separate public and private utilities.

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

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.

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.

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.

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

Utilities. All utilities public and private shall be separate.

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.

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.

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.

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.

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.

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.

Parking in conjunction with single- and two-family dwellings.

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

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

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

Delineation of individual parking spaces.

Circulation area necessary to serve spaces.

Access to streets, alleys and properties to be served.

Proposed curb cuts, locations and widths.

Dimensions, continuity and substance of screening.

Landscape, lighting and signage plans.

Grading, drainage, surfacing and sub-grading details.

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

Multifamily dwellings and complexes: 20%.

Downtown Enhancement Plan C-1 Zone.

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

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:

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

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

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

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

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

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.

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.

The City Engineer's decision on the proposal shall be based on the following considerations:

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.

The sale of living plants and plant materials.

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

Christmas tree sales lot.

Vehicle charging stations and/or dispensing fuel at service stations.

Newspaper vending.

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

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

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.

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

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.

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

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

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.

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.

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

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.

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

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.

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.

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.

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.

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

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

Excellence in design and site utilization.

Provision for a variety of housing or other use types.

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

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

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

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

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

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.

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

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.

Shall comply with the placement requirements of the Building Code.

Have wheels, axles and hitch mechanisms removed.

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

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

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

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.

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.

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:

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.

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.

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

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

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.

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.

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.

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.

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 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.

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.

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.

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.

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

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.

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.

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.

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

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