If a lot platted before the ordinance codified in this title was adopted has an area or dimensions which do not meet the minimum requirements of this title, the lot may be put to a use permitted outright, subject to the other requirements of the zone in which it is located. residential use shall be limited to a single-family dwelling. (Ord. 974 § 4 (Exh. A.2 § 5.1), 1998)

The following exceptions to the front yard requirements are authorized for a lot in any zone:

A. If there are dwellings on both abutting lots with front yards less than the required depth for the zone, the front yard for the lot need not exceed the average front yard of the abutting lots.

B. If there is a dwelling on one abutting lot with a front yard less than the required depth for the zone, the front yard for the lot need not exceed a depth halfway between the depth of the abutting lot and the required front yard for the zone.

C. The planning commission may establish a greater front yard requirement when the yard abuts a street that the city council has designated for widening. (Ord. 974 § 4 (Exh. A.2 § 5.2), 1998)

The following types of structures or structural parts are not subject to the building height limits of this title: chimneys, tanks, church steeples, domes, monuments, flagpoles, radio and television towers and aerials, and similar projections. (Ord. 974 § 4 (Exh. A.2 § 5.3), 1998)

A. Cornices, eaves, canopies, gutters, sills, lintels and similar features shall not project more than 18 inches into a required yard.

B. Signage shall not project more than five feet or two-thirds of the distance from the face of the building to the roadway, whichever is less.

C. Awnings shall not project more than six feet or two-thirds of the distance from the face of the building to the roadway, whichever is less.

D. No sign, awning, or other feature shall extend to within two feet of any roadway. (Ord. 974 § 4 (Exh. A.2 § 5.4), 1998)

Every lot shall abut a street other than an alley for at least 20 feet. (Ord. 974 § 4 (Exh. A.2 § 5.5), 1998)

A. Street and Railroad Clear-Vision Areas. A clear-vision area shall be maintained on the corners of all properties adjacent to the intersection of any combination of rights-of-way, including public and private roads, alleys, driveways and railroad crossings. No fence, wall, landscaping, sign, structure or parked vehicle that would impede visibility between a height of three feet and 10 feet above the centerline grades of the intersecting rights-of-way shall be located within the clear-vision area. No driveway or parking area shall be located in the intersection of a clear-vision area.

B. Obstructions. The following obstructions can be within a street or railroad clear-vision area:

1. A public utility pole;

2. A tree trimmed to the trunk to a line at least eight feet above the level of the intersection;

3. Another plant species of open growth habit that is not planted in the form of a hedge line, which is so planted and trimmed as to leave an all-season clear and unobstructed crossview;

4. An official warning sign or signal;

5. A supporting member or appurtenance to a permanent building lawfully existing on the date this standard becomes effective; or

6. A place where the natural contour of the ground is such that there can be no cross-visibility at the intersection.

C. Clear-Vision Triangle. A clear-vision area shall consist of a triangle two sides of which are curb lines for a distance specified in this section (Figure 1). In areas without curbs, lot lines or other lines as determined by the city shall be used in place of curb lines for measurement purposes (Figure 2).

The following measurements shall establish street and railroad clear-vision areas:

1. A distance of 25 feet at the intersection of a public or private street with another street or a railroad.

2. A distance of 20 feet at the intersection of an alley with a street.

D. Driveway Clear-Vision Areas.

1. Commercial, Industrial, Three or More Attached Dwellings, and Public/Semipublic Uses (Figures 3 and 4). Service drives to public streets shall have a minimum clear-vision area formed by the intersection of the edges of the driveway, the street right-of-way line, and a straight line joining said lines through points 20 feet from their intersection. No fence, wall, landscaping, sign, structure or parked vehicle that would impede visibility between a height of three feet to 10 feet above the centerline grade of the intersecting street shall be located within the clear-vision area. No off-street parking area shall be located in a driveway clear-vision area.

2. One- and Two-Unit Residential Developments (Figures 5 and 6). Driveways to public streets shall have a minimum clear-vision area formed by the intersection of the edges of the driveway, the street right-of-way line, and a straight line joining said lines through points 10 feet from their intersection. No fence, wall, landscaping, sign or other structure that would impede visibility between a height of three feet to 10 feet above the centerline grade of the intersecting street shall be located within the clear-vision area. No off-street parking area shall be located in a driveway clear-vision area.

City of Rainier Clear-Vision Standards

(Ord. 974 § 4 (Exh. A.2 § 5.6), 1998)

Fences, walls or hedges may be placed above ground along any property line, subject to the clear-vision area requirements and height standards of this title. Retaining walls, which support the land below ground level, are subject to the clear-vision area requirements of this title; however, the height requirements of this section do not apply to retaining walls.

A. Residential Uses. Fences, walls and hedges are limited to six feet in height when they are located at the sides of or behind a dwelling. Fences, walls and hedges located in the front yard or street side yard of a dwelling shall be limited to a height of three and one-half feet. Fences, walls or hedges over six feet in height are not permitted for residential uses.

B. Commercial Uses. Fences, walls or hedges are limited to eight feet in height.

C. Industrial Uses. Fences, walls or hedges are limited to 10 feet in height.

D. Fence Permit and Fees. A fence permit is required for the construction of any fence or wall over three and one-half feet in height. There is no fee for a fence permit when the fence is to be constructed within the height limitations of this section. A fee shall be charged when the permit includes a request for fence height exception review.

E. Fence Height Exception Review. When state or federal regulations governing the type of use require fence or wall heights to exceed the limitations of this section, the property owner may apply to the city for an exception. The applicant must submit evidence of the required exception and the fee established by city council to initiate height exception review. The evidence will be reviewed and a maximum height shall be established by the director of public works based on the requirements set forth by the governing agency.

F. Decision Process. Fence permit applications and fence height exceptions shall be reviewed and determined by planning and public works as a Type I decision. (Ord. 974 § 4 (Exh. A.2 § 5.7), 1998)

A home occupation may be conducted as an accessory use in any residential zone subject to the following limitations:

A. No more than one person shall be employed in the home occupation other than family members residing on the premises.

B. A home occupation shall not be conducted in an accessory building.

C. The exterior display or storage of materials is prohibited.

D. Exterior signs shall be limited to those permitted in the zone in which the home occupation is located. No other exterior indication of the home occupation is permitted.

E. A city of Rainier business license is required for all home occupations. (Ord. 974 § 4 (Exh. A.2 § 5.8), 1998)

Home occupations which do not comply with the above limitations shall only be allowed if approved as a conditional use. The planning commission shall conduct a public hearing and shall review a conditional use home occupation permit as a Type III decision. All of the standards and criteria for conditional use permits set forth in Chapter 18.130 RMC shall be applied to review of the conditional use home occupation permit. (Ord. 974 § 4 (Exh. A.2 § 5.8), 1998)

A change of use, the external modification of, or the request to demolish a historic structure designated as a significant resource in the Rainier comprehensive plan is a Type III decision. The planning commission shall conduct a public hearing on all actions against historic structures. (Ord. 974 § 4 (Exh. A.2 § 5.9), 1998)

A. Change in Use or External Modification. The planning commission may allow a change in use or external modification of a historic structure when findings document that the change in use or external modification will not alter the structure or site in such a way as to destroy the historic value of the structure or the site.

B. Demolition. The planning commission may authorize the demolition of a historic structure only upon finding that proper notification of the request has been provided, the required 120-day waiting period has expired, and there is no state or local interest in preserving the site. (Ord. 974 § 4 (Exh. A.2 § 5.9), 1998)

The State of Oregon Historic Preservation Office (SHPO) must be notified of any request for a change of use, modification or demolition of a historic structure prior to a public hearing and decision. Change of use or modification of the structure shall meet the building design and materials standards imposed by SHPO. The planning commission may attach additional conditions relating to setbacks, screening, off-street parking and loading, and landscaping which may be deemed necessary to protect the historic character of the structure or site. (Ord. 974 § 4 (Exh. A.2 § 5.9), 1998)

When a permit to demolish a designated historic structure is requested, there will be a 120-day waiting period from the time of application before the demolition permit can be issued. During this time the city, the State Historic Preservation Office (SHPO) and any interested civic group will investigate possible methods to purchase and save the historic site or structure. If an appropriate plan to save the site is developed, the demolition permit will not be issued until this plan has been pursued by all of the parties involved. In no case will a permit be withheld for more than one year. If no program to save the structure is developed within 120 days, the demolition permit will be issued. (Ord. 974 § 4 (Exh. A.2 § 5.9), 1998)

The demolition of any historic structure must also comply with the general demolition requirements of Chapter 18.95 RMC. (Ord. 974 § 4 (Exh. A.2 § 5.9), 1998)

A demolition permit is required for the planned destruction of any existing significant structure (such as a shop, dwelling, garage, barn, or outbuilding). There is no fee for the permit unless demolition applies to a registered historic structure. (Ord. 974 § 4 (Exh. A.2 § 5.10), 1998)

Demolition permit applications shall be reviewed and determined by planning and public works as a Type I decision. The request to demolish a historic structure shall be subject to review and determination at a public hearing by the planning commission as a Type III decision. (Ord. 974 § 4 (Exh. A.2 § 5.10), 1998)

The demolition permit application must be signed and submitted by the property owner(s) of record, and must include a demolition plan which clearly addresses all of the following:

A. The reason for demolishing the structure.

B. A detailed plan of intent for the property after demolition which demonstrates that the intentions are consistent with current zoning restrictions and allowances.

C. The method of demolition, including measures to ensure that no surrounding roadways, properties or buildings are disturbed in the process.

D. The method of disposal for all demolition debris, especially hazardous materials.

E. If the property is to remain vacant, a detailed listing of all utilities to the property and the method for properly disconnecting, securing or capping the utility connections as appropriate. (Ord. 974 § 4 (Exh. A.2 § 5.10), 1998)

Manufactured homes are allowed on an individual lot in any residential zone subject to the standards and requirements set forth in this chapter. (Ord. 974 § 4 (Exh. A.2 § 5.11), 1998)

A. The manufactured home shall contain at least 1,000 square feet of enclosed floor area and be multisectional. It must meet the construction standards established by the state of Oregon. A tip-out unit is not considered a multisectional home.

B. To qualify as a manufactured home, the unit must have been built with a Department of Housing and Urban Development (HUD) label certifying that the structure is constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act as amended and meets the state of Oregon definition of “manufactured housing.” (Ord. 974 § 4 (Exh. A.2 § 5.11), 1998)

The manufactured home shall be certified by the manufacturer to have exterior thermal envelopes meeting the performance standards specified by state law for single-family dwellings constructed under the State Building Code. (Ord. 974 § 4 (Exh. A.2 § 5.11), 1998)

The manufactured home shall be placed and secured on a backfilled-style foundation or skirting of pressure-treated wood, masonry, or continuous concrete which is enclosed at the perimeter. All foundations or skirting shall be completed prior to the issuance of a certificate of occupancy. Skirting shall be of a nonpermeable material. (Ord. 974 § 4 (Exh. A.2 § 5.11), 1998)

The manufactured home shall have exterior siding consisting of painted or stained wood, aluminum, or fiberglass with lapped siding, board and batt, or board and board motif. Manufactured homes may not have slick metal siding. (Ord. 974 § 4 (Exh. A.2 § 5.11), 1998)

The roof shall have a minimum slope of three feet in height for each 12 feet in width with a composition wood (shingle or shake) or tile roof. Wood (shingle or shake) roofs are recommended to have a minimum slope of four feet in height for each 12 feet in width. Roofs and under floor drainage shall be in conformance with construction standards established by the state of Oregon. (Ord. 974 § 4 (Exh. A.2 § 5.11), 1998)

A. The manufactured home must have a garage.

B. Additions for living areas constructed onto any manufactured home shall be of the same design and materials as the original unit.

C. Construction of attached garages, carports, attached awnings, patios, patio covers, porches, or storage facilities shall be constructed of the same building materials as the manufactured home and in accordance with the Uniform Building Code. Detached construction should be of similar materials and aesthetically appropriate. (Ord. 974 § 4 (Exh. A.2 § 5.11), 1998)

Manufactured homes shall be prohibited within or adjacent to or across a public right-of-way from a historic zone, or adjacent to or across a public right-of-way from a historic landmark or a structure identified as a primary or secondary historic resource. (Ord. 974 § 4 (Exh. A.2 § 5.11), 1998)

Manufactured homes on individual lots are subject to the lot size, setback and other requirements and standards of the zone in which they are to be located. (Ord. 974 § 4 (Exh. A.2 § 5.11), 1998)

All single-family dwellings or manufactured housing units developed in accordance with this section shall utilize at least two of the following design features to provide visual relief along the front of the dwelling:

A. Dormer: a window set in a small gable projecting from the roof.

B. Gable: the triangular wall section formed by the two slopes of a roof.

C. Recessed entry: an indentation, as in a wall, at a natural place for entry.

D. Covered Porch Entry. Porch:

1. A roofed platform forming the entrance to a house.

2. A veranda.

E. Cupola: a small structure, usually a dome, on top of a roof or building.

F. Pillar or post: an upright support, usually wooden or metal.

G. Bay window: a large window that projects from the outer wall of a building and forms a bay.

H. Bow window: a bay window built in a curve.

I. Eaves with Minimum Six-Inch Projections. Eaves:

1. The overhanging lower edge of a roof.

J. Offsets on building face or roof (minimum 16 inches). (Ord. 974 § 4 (Exh. A.2 § 5.11), 1998)

This chapter contains parking standards which are applicable to uses in all zones. At the time of construction of a new building, or an addition to an existing building or land which results in intensified use by customers, occupants, employees or other persons, off-street parking and loading shall be provided according to the requirements of this chapter. (Ord. 974 § 4 (Exh. A.2 § 5.12), 1998)

The provision for and maintenance of off-street parking and loading facilities shall be a continuing obligation of the property owner. (Ord. 974 § 4 (Exh. A.2 § 5.12), 1998)

A. Required parking spaces shall be available for the parking of vehicles of customers, occupants and employees.

B. Required loading spaces shall be available for the loading and unloading of vehicles associated with the transportation of goods or services. (Ord. 974 § 4 (Exh. A.2 § 5.12), 1998)

Owners of two or more uses, structures or parcels of land may agree to jointly utilize the same parking and loading spaces when hours of operation do not overlap. Satisfactory legal evidence must be presented to the planning commission in the form of deeds, leases, or contracts to document shared use and full access to such parking and loading areas. (Ord. 974 § 4 (Exh. A.2 § 5.12), 1998)

Spaces required by this chapter shall be provided on the site of the primary use, unless existing conditions such as building location, topography or existing improvements preclude the addition of off-street parking, particularly in developed portions of the downtown area. However, the planning commission may permit parking to be located within 300 feet from the site or may permit the use of on-street parking to meet a portion of the parking needs when a hardship can be shown. (Ord. 1020 (Exh. A), 2005; Ord. 974 § 4 (Exh. A.2 § 5.12), 1998)

In case of enlargement or change of use, the number of parking or loading spaces required shall be based on the total area involved in the enlargement or change in use. (Ord. 974 § 4 (Exh. A.2 § 5.12), 1998)

The design standards shall apply to all parking, loading and maneuvering areas, except those for single- and two-family residential dwellings on individual lots. (Ord. 974 § 4 (Exh. A.2 § 5.12), 1998)

A. Commercial. Each required space shall be at least 12 feet in width and 35 feet in length.

B. Industrial. Each required space shall be at least 12 feet in width and 60 feet in length.

C. Clearance. The height of each required loading space shall provide a minimum vertical clearance of 13 feet. (Ord. 974 § 4 (Exh. A.2 § 5.12), 1998)

A. The standard size of a parking space shall be nine feet in width by 18 feet in length.

B. Up to 20 percent of required parking spaces may be designed for compact car dimensions of seven and one-half feet in width by 15 feet in length.

C. Handicapped parking spaces shall be 12 feet in width by 18 feet in length.

D. For parallel parking the length of the parking space shall be increased to 22 feet. (Ord. 974 § 4 (Exh. A.2 § 5.12), 1998)

Aisles shall not be less than:

A. Twenty-five feet in width for 90-degree parking.

B. Twenty feet in width for 60-degree parking.

C. Twenty feet in width for 45-degree parking.

D. Twelve feet in width for parallel parking. (Ord. 974 § 4 (Exh. A.2 § 5.12), 1998)

There shall be no more than one 45-foot-wide curb-cut driveway per 150 feet of frontage, or fraction thereof, permitted per site. (Ord. 974 § 4 (Exh. A.2 § 5.12), 1998)

The surface of each parking area shall be concrete or asphalt and meet minimum city standards to handle the weight of the vehicles which will use the parking areas. All areas used for parking shall be marked and continuously maintained. Handicapped parking spaces shall be marked with a wheelchair symbol. (Ord. 974 § 4 (Exh. A.2 § 5.12), 1998)

Adequate drainage shall be provided to dispose of the runoff generated by the impervious surface areas of the parking lot. The drainage system shall function so it will not adversely affect adjoining property. Lighting shall be provided in such a manner as to ensure the safety of the parking area without interfering with adjoining properties or creating traffic hazards on adjoining streets. (Ord. 974 § 4 (Exh. A.2 § 5.12), 1998)

A. Handicapped Parking. All parking areas of less than 20 spaces shall have one handicapped parking space. Parking areas with more than 20 spaces shall provide one handicapped parking space for every 50 standard parking spaces.

B. Parking Bays. All parking areas shall be divided into bays of not more than 20 parking spaces. Between and at the end of each parking bay there shall be planters with minimum dimensions of five feet by 17 feet. Each planter shall contain one major tree and ground cover. Truck loading areas are not subject to the requirements for parking bays.

C. Landscape Strip. Parking areas shall be separated from the exterior wall of a structure, exclusive of paved pedestrian ways, by a five-foot-wide landscaping strip.

D. Setback and Screening from Residential Districts. Parking areas which abut a residential district shall meet the building setback of the most restrictive adjoining district. A parking area abutting a residential district shall be screened by a sight-obscuring planting.

E. Setback from Street. Parking areas shall be set back from a lot line adjoining a street. The setback area shall be landscaped.

F. Landscaping. A minimum of 10 percent of all parking areas shall be landscaped and the maintenance of the landscaping shall be the owner’s responsibility. (Ord. 974 § 4 (Exh. A.2 § 5.12), 1998)

The number of parking spaces provided for each use shall meet the minimums set forth on the following chart:

(Ord. 1020 (Exh. A), 2005; Ord. 974 § 4 (Exh. A.2 § 5.12), 1998)

The purpose of these sign regulations is to encourage the effective use of signs as a means of communication in the city, to maintain and enhance the aesthetic environment and the city’s ability to attract sources of economic development and growth, to improve pedestrian and traffic safety, to minimize the possible adverse effect of signs on nearby public and private property, and to enable the fair and consistent enforcement of these sign restrictions. The ordinance codified in this chapter is adopted under the zoning authority of the city in furtherance of the more general purposes set forth in the zoning ordinance. (Ord. 1056 (Exh. I), 2010; Ord. 974 § 4 (Exh. A.2 § 5.13), 1998)

This chapter regulates signs within the Rainier city limits which can be viewed from any public right-of-way by prescribing standards and restrictions for such signs. It provides for administration, requires permits and prescribes fees therefor, and provides for enforcement and remedies.

The signage covered within these regulations includes, but is not limited to, all industrial and commercial signs and wall graphics, all professional and business signs, all home business and home occupation signs, portable signs and other temporary signage, and any other signage that is intended to advertise or otherwise convey a commercial message. (Ord. 1056 (Exh. I), 2010; Ord. 974 § 4 (Exh. A.2 § 5.13), 1998)

There is hereby adopted by reference the Uniform Sign Code, published by the International Conference of Building Officials, which provides for minimum standards to safeguard life, health, property and public welfare by regulating and controlling the quality of materials, construction, locations, electrification, and maintenance of all signs and sign structures not located within a building. (Ord. 1056 (Exh. I), 2010; Ord. 974 § 4 (Exh. A.2 § 5.13), 1998)

The following definitions are to be used in interpreting the requirements of this chapter. Words and phrases not defined in this section but defined elsewhere in the zoning ordinance are to be given the meanings set forth in those sections of this title. Other words and phrases defined in this section may hold special meaning when referring to signage, and may differ slightly from definitions found elsewhere within the zoning ordinance. Where different and when applied to signage, the definitions set forth in this chapter take precedence over definitions found elsewhere in the zoning ordinance.

“Animated” means any sign that uses movement or change of lighting to depict action or create a special effect or scene.

“Awning/canopy” means any sign that is part of or attached to a fabric or plastic awning, canopy or other structural protective cover over a door, entrance, window, or outdoor service area. Awnings may not project more than six feet or two-thirds of the distance from the face of the building to the roadway, whichever is less, and awnings may not extend to within two feet of any roadway.

“Balloon” means an inflated object, generally helium-filled and tethered, which may or may not bear a commercial message or logo and which may or may not be shaped or colored to represent the logo or character of an advertiser, but which is more than three feet in circumference at the smallest point.

“Banner” means a sign which is normally constructed of cloth, canvas, plastic, or similar material, and which does not have a rigid frame, the intent of which is for advertisement and not for decoration.

“Beacon” means a light with one or more beams, whether stable or rotating, directed into the atmosphere or directed at one or more points not on the same premises as the light source, used for the purpose of conveying a commercial message.

“Billboard” means an off-premises sign, regardless of size, which is visible to a state highway and is, therefore, regulated by the State of Oregon Motorist Information Act and Administrative Rules and Regulations. State law prohibited the issuance of permits for new off-premises (billboard) signs in 1975.

“Business identification, state defined ‘B.I.D.’” means an off-premises sign intended to direct the public toward a single business that is not visible from a state highway. Business identification signs require a state-issued permit and are limited to the name of a single business and the distance or direction to that business only. The sign must be located within three road miles of the business, cannot be located adjacent to an interstate or fully controlled access highway, and may not exceed 16 square feet on each side with no one panel dimension exceeding six feet (ORS 377.726 and OAR 734-60-005). City approval of the sign is required prior to application for a state business identification sign permit.

“Changeable copy” means a sign or portion of sign with letters, characters or illustrations that can be manually changed or rearranged without altering the face or the surface of the sign, such as pricing signs at gas stations.

“Commercial message” means any sign wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.

“Directional” means a sign which is designed and erected solely for the purpose of traffic or pedestrian direction and which is placed on the property to which or on which the public is directed.

“Electronic message center” means a sign on which information such as the time, date and temperature changes automatically, or on which on-premises activities or advertisements are changed at intermittent intervals by electronic process or remote control.

“Flag” means any fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or other entity.

“Freestanding” means any sign supported by structures or supports that are placed on or anchored in the ground and that are not attached to or forming part of a building.

“Home occupation” means a single, unlighted sign, not to exceed six square feet per side, which is mounted at the doorway of the home or hangs from the home’s eaves, porch or mailbox, and which is limited to the business name, address and number.

“Identification” means a single, unlighted sign, not to exceed two square feet, which is mounted at the doorway of the building and is limited to the name, address and number of the building, institution or person, and to the activity carried on in the building or institution, or the occupancy of the person. (Separate from a “business identification sign,” as defined by the state of Oregon.)

“Illegal” means any sign for which:

1. There is no valid permit (where required);

2. The permit has expired and has not been renewed;

3. The permit has been revoked by the city;

4. The sign is in violation of the provisions of this chapter; or

5. Where the business activity on the premises is discontinued for a period of 90 days or more.

“Incidental” means a single sign, not to exceed six square feet, that is generally informational and that has a purpose secondary to the use of the premises on which it is located, such as “no parking,” “entrance,” “loading only,” “telephone,” and other similar directives.

“Institution/institutional” means a building occupied by an organization devoted to the promotion of a public cause, or a place for the care or confinement of people.

“Lawn” means a single, unlighted, freestanding sign not to exceed eight square feet on one side, displayed for purposes such as privately endorsed political, social or religious statements or other noncommercial messages, which is placed on private property with the express consent of the property owner and which is of a temporary nature.

“Marker” means a single, unlighted sign, not to exceed four square feet per face (two faces may round a corner), indicating the name of a building and date or other incidental information about its construction, generally cut into the masonry surface of the building or made of bronze or other permanent materials.

“Measurable area” means the area within the outer boundaries of standard geometrical shapes (primarily squares, rectangles and circles) containing and defined by the extreme reaches of informational or graphic parts of the sign.

“Monument” means a sign and supporting structure that has similar top and bottom dimensions and is attached to the ground or to its base on grade by a solid structure to give the appearance of a continuous mass, separated from any buildings or structures.

“Mounted” means a sign that is affixed flush with a structural wall or other building surface.

“Murals/graphics” means flat images painted or tiled directly on the wall of a building or other structural surface for the purpose of decoration or art.

“Noncommercial” means bearing no form of commercial message.

“Nonconforming” means a sign which was erected legally, but was erected prior to the effective date of the ordinance codified in this chapter, or at a later date, prior to the premises being annexed to the city, and which was constructed in accordance with the applicable laws in effect at the time of its construction, but which by reason of its size, height, location, design or construction is not in conformance with the requirements of this chapter.

“Off-premises” means a sign that advertises goods, products, services or facilities, or the direction to any commercial entity, product, or person, not available at the location of the sign.

“On-premises” means a sign that is located on some portion of the property actually occupied or used by the activity advertised on the sign (i.e., on the buildings, parking areas, storage areas and landscaped areas used for the activity); includes signs or sign devices indicating the business transacted, services rendered, goods sold or produced on the premises, name of the business, name of the person, firm, or corporation occupying the premises.

“Painted” means a sign that is painted directly on and flush with a structural wall or other building surface.

“Pennant” means any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind.

“Permanent” means set on a foundation, sunk into the ground, fastened or painted in a manner of permanence.

“Pole” means a freestanding sign that is supported by one or more poles and is otherwise separated from the building and the ground by air.

“Portable” means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to: signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal, everyday operations of the business.

“Premises” means a:

1. Legal lot;

2. Combination of contiguous legal lots under one ownership; or

3. Group of legal lots with common access, parking and signage.

If more than one definition applies to a group of lots, the choice of which definition applies shall be that of the owners(s) of the lots or the applicant representing the owner(s). Only one definition may be applied at one time to a group of lots.

“Principal structure” means the structure or building where the principal use of the premises is conducted. While a premises may have multiple principal uses and multiple principal structures (such as in a business park or complex), storage buildings, garages and other clearly accessory buildings are not considered to be principal structures.

“Projecting or suspended” means any sign affixed to a building overhang or wall in such a manner that its leading edge extends more than six inches beyond the surface of the building or wall. Signage may not project more than five feet or two-thirds of the distance from the face of the building to the roadway, whichever is less, and signs may not extend to within two feet of any roadway. Signs extending over sidewalks, walkways or other spaces accessible to pedestrians must provide at least eight feet of clearance above the grade. Signs extending over driveways must provide at least 15 feet of clearance above the grade.

“Roof, integral” means any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches. A sign on a mansard roof is not a roof sign but is a wall sign if no more than an 18-foot projection.

“Roof, mounted” means any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.

“Sale/lease/rent” means a sign which temporarily advertises the sale, lease or rent of property or possessions, and which is located on the premises where the property or possession is available. Sale/lease/rent signs may not exceed the maximum square footage allowed for other types of signs for the premises.

“Sign” means any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.

“Snipe” means a notice or advertisement posted on public property, such as telephone poles, trees and fences, or on private property, without the express consent of the property owner.

“Special event” means a sign which announces or advertises an event or occurrence that will take place at and for a specified time, including:

1. A fair, expo, or rodeo;

2. A civic event; or

3. A commercial event.

“Street frontage” means the distance, in linear feet, of the lot line or lines which abut the street or streets along which the main entrances to the primary structure of the premises are located. In determining allowable signage, the street frontage(s) most visible to the public will be used.

“Temporary” means any sign which is not permanently mounted, installed or affixed to any sign structure or building, and is not displayed for longer than 90 days. In cases of construction project signs, they may be maintained for the duration of construction. In cases of sale/lease/rent signs, they may be maintained until the transaction is complete.

“Wall” means any sign attached parallel to, but within six inches of, a wall, including a sign that is painted on the wall surface, and which is erected and confined within the limits of an outside wall of any building or structure.

“Window/door” means any sign, picture, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. Includes both permanent (paint or decal) and removable (paper) signage. (Ord. 1056 (Exh. I), 2010; Ord. 974 § 4 (Exh. A.2 § 5.13), 1998)

The following types of signs are exempt from regulation under this chapter when calculating total square footage and total number of signs per premises. The terms under which exempt signs may be placed are set forth under RMC 18.110.040, Definitions:

A. Signs that are clearly directional, flag, identification, incidental, lawn, marker, or sale/lease/rent signs;

B. Signs temporarily placed inside the window or door of a commercial or industrial building to display pricing or products;

C. Any sign inside a building, not attached to a window or door, not legible from a distance of three feet beyond the public right-of-way nearest the premises on which it is located;

D. Repealed by Ord. 1056;

E. Temporary holiday lights and other types of decorations bearing no commercial message;

F. Any sign, public notice or warning required by a valid and applicable federal, state or local law, regulation or ordinance, including that portion of a sign which conveys gas station pricing and lottery signs;

G. Traffic control signs on private property, the faces of which meet ODOT standards and which contain no commercial message of any sort. (Ord. 1056 (Exh. I), 2010; Ord. 974 § 4 (Exh. A.2 § 5.13), 1998)

All signs not expressly permitted or listed as exempt under this chapter are prohibited within city limits. The following types of signs are prohibited at all times, with words and terms interpreted as set forth under RMC 18.110.040, Definitions:

A. Beacons, strobe lights or reflectors;

B. External strings of lights not intended for temporary decoration;

C. Repealed by Ord. 1056;

D. Repealed by Ord. 1056;

E. Flashing or moving signs, except for electronic message centers;

F. Signs that emit any audible sound, odor or visible matter;

G. Snipe signs;

H. Signs that obstruct free and clear vision of pedestrian or auto travel;

I. Signs that block other signs or premises;

J. Signs containing statements, words, pictures or symbols of an obscene or offensive nature, or which depict or advertise illegal activities;

K. Signs which do not conform with all of the provisions of this chapter. (Ord. 1056 (Exh. I), 2010; Ord. 974 § 4 (Exh. A.2 § 5.13), 1998)

A sign may be erected, placed, established, painted, created or maintained in the city only in conformance with the standards, procedures, exemptions and other requirements of this chapter. Permissible signs are detailed on the following tables:

A. Permissible Signs by Type and District (Table 1). Table 1 presents an overview of permanent and temporary signs allowed within city limits. Information is provided according to sign type and to the district in which the premises is located.

B. Number, Size and Location of Permanent Signs by Type and District (Tables 2A and 2B). Tables 2A and 2B outline the requirements for the number of permanent signs allowed per site, sign size and height restrictions, and sign placement restrictions. Information is provided according to sign type and to the district in which the premises is located.

1. Table 2A sets forth sign standards for residential (R-3) and all institutional properties.

2. Table 2B sets forth sign standards for all commercial and industrial properties.

C. Signs on or Visible to State Highway 30 (Table 3). Signs which are located on or visible to travelers on State Highway 30 are subject to the regulations and permit requirements of the Oregon Department of Transportation (ODOT). Where the regulations of the state and city differ, the more restrictive regulations shall apply. State Highway 30 standards and restrictions are set forth in the 1993 Motorist Information Act, ORS 377.700 through 377.992, and are summarized in Table 3. (Ord. 1056 (Exh. I), 2010; Ord. 974 § 4 (Exh. A.2 § 5.13), 1998)

A. All signs are to be designed, constructed and maintained in accordance with the provisions of this chapter and with the applicable provisions of the Uniform Building Code and the city’s building and electrical codes.

B. Design Review. Signs requiring a permit will be subject to design review when the construction or erection of the sign is associated with new multifamily, commercial, institutional or industrial construction, as required under Chapter 18.145 RMC. Design review will be for the purpose of ensuring that all signage being proposed fully complies with the provisions of this chapter.

C. Sign Construction. With the exception of temporary signage and other signs normally constructed of lesser materials, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or some other permanent structure, by direct attachment to a rigid wall, frame, or other solid structure.

D. Computation of Sign Area and Height. The following standards control the computation of sign area and sign height:

1. Maximum Total Sign Area. Standards for the maximum total area of all signs on one premises are outlined on Tables 2A and 2B. Signs which do not require a permit are not subject to the total sign area standards shown on the tables, but must conform with the size requirements outlined elsewhere within this chapter.

2. Individual Sign Area. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) is computed by means of the smallest square, circle, rectangle, triangle or combination of geometrics that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the sign itself.

3. Multifaced Sign Area. The sign area for a sign with more than one face is computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back-to-back so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area is computed by the measurement of one of the faces.

4. Height. The height of a sign is computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade is the lower of the existing grade prior to construction or the newly established grade after construction, excluding any filling, berming, mounding or excavating solely for the purpose of locating the sign.

E. Lighting. The light intensity of an illuminated sign must conform to or be less than the accepted standards of the sign industry, as provided by the Oregon Electric Sign Association.

Lighting, when permitted, may never:

1. Be of such intensity that it interferes with or impairs the vision of the driver of a motor vehicle, or otherwise interferes with any driver’s operation of a motor vehicle;

2. Attempt or appear to attempt to direct the movement of traffic by interfering with, imitating or resembling any official traffic sign, signal or device;

3. Blink, flash, flutter, revolve, or move in any manner (except for lights on electronic message centers, as long as the display does not blink, flash or flutter);

4. Be placed in a manner which causes a nuisance to any residents or future residents of adjacent residentially zoned property within 200 feet of the sign, nuisance being defined as lights of such intensity that they may interfere with the peaceful occupancy of the home; or

5. Reflect glare or unwanted illumination to adjacent properties or roadways.

F. Maintenance. All signs, including the supports, braces, guys and anchors for a sign, must be maintained in good structural and aesthetic condition at all times, in compliance with all building and electrical codes and in conformance with the provisions of this chapter. Signs must be kept free from rust, corrosion, peeling paint, or other surface deterioration and must be maintained in a safe condition. Display surfaces must be kept neatly painted or posted, with all intended lettering or symbols clearly visible and unbroken at all times.

Illuminated signs must be maintained at all times to ensure that:

1. Bare light bulbs are not visible due to broken sign coverings or other materials intended to shield the bulbs from direct view;

2. Electrical wiring and bulb fixtures are safely installed and maintained and protected from exposure or general access;

3. All sockets contain light bulbs or other lighting fixtures and there are no burned-out bulbs or fixtures. (Ord. 1056 (Exh. I), 2010; Ord. 974 § 4 (Exh. A.2 § 5.13), 1998)

No private sign may be placed on public property, nor may any sign be placed on private property without the express authorization of the property owner.

No sign is allowed within the public right-of-way, except for: public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic; bus stop signs erected by a public transit company; informational signs of a public utility regarding its poles, lines, pipes or facilities; and awnings, projecting signs or suspended signs which extend into the air space of the public right-of-way, but which leave a minimum of eight feet of vertical clearance over that right-of-way.

No sign may be placed in a manner which:

1. Prevents the driver of a vehicle from having a clear and unobstructed view of traffic or directional signs, merging traffic, or pedestrians;

2. Obstructs the vision of any pedestrian; or

3. Interferes with clear vision onto another premises or its property, including legal signage placed on the other premises.

No sign may interfere with the safe and efficient use of off-street parking and loading areas, including aisles and access driveways. (Ord. 1056 (Exh. I), 2010; Ord. 974 § 4 (Exh. A.2 § 5.13), 1998)

No sign may violate the clear sidewalk standards of the Oregon Department of Transportation in regard to the minimum requirements of the Americans with Disabilities Act (ADA) to ensure safe, attractive and convenient pedestrian facilities:

A. The standard width for sidewalks without obstructions is five feet. This is the total clear distance, exclusive of curb.

B. Sidewalks must be clear of all obstructions: street furniture, sign posts, utility poles, mailboxes, parking meters, fire hydrants, and trees. If obstructions are present, a full five-foot sidewalk clear width is required around the obstruction.

C. An additional two-foot shy distance is required from vertical barriers such as buildings in commercial areas, sound walls, retaining walls and fences. (Ord. 1056 (Exh. I), 2010; Ord. 974 § 4 (Exh. A.2 § 5.13), 1998)

Freestanding and projecting/suspended signs must be spaced an adequate distance from each other to allow for each sign to be read by passing travelers with relative ease, free from distraction or obstruction.

A. Commercial/Industrial Districts. Freestanding signs must be a minimum of 100 feet apart from each other; projecting or suspended signs must be a minimum of 50 feet apart from each other.

B. Central Business District (CBD). Freestanding signs must be a minimum of 50 feet apart from each other; projecting or suspended signs must be a minimum of 25 feet apart from each other. (Ord. 1056 (Exh. I), 2010; Ord. 974 § 4 (Exh. A.2 § 5.13), 1998)

The design and erection of any sign must be done in consideration of the need to provide signage which is harmonious in appearance and legibility, and signage which provides the maximum opportunity for each use or tenant to be advertised. There are generally three types of common signage: directories, business complex signs, and shared signs.

A. Directories. Directories are generally for separate businesses which are in very close proximity to one another, such as a row of businesses accessible from one alley, walkway or parking area.

B. Business Complex Signs. Business complex signs are for the identification of a named business park or center where there are three or more uses or tenants on one parcel who will jointly advertise on a sign.

C. Shared Signs. Shared signs are for two uses or tenants who share an area, such as an upper and lower floor of the same building or separate sides of a double storefront.

Where more than one use or tenant occupies the same parcel, a business complex sign or directory must be erected to advertise all uses and tenants on the parcel.

Where uses or tenants are on closely adjoining parcels, or where businesses share a common wall on adjoining parcels, directories, business complex signs and shared signs are strongly encouraged to minimize the number of signs erected and to ensure clear visibility between adjoining signs.

A directory, business complex sign or shared sign may be granted additional square footage in sign area when its presence eliminates the need for one or more individual signs, as shown on Tables 2A and 2B. Tenants advertising on a common sign may also advertise on a wall, door or awning at the immediate entrance to their businesses up to the allowable square footage shown on Tables 2A and 2B. Under no circumstances can the use of a common sign increase the total square footage that would be allowed for all participating businesses had they advertised on individual signs. Additional sign height is not allowed for common signage.

A common signage plan must be submitted to and approved by the city for all directories, business complex signs and shared signs. Upon approval, the businesses will be issued a common signage permit which is the master permit for signage for those businesses. Each new business replacing or adding to copy on a sign under a common signage permit must update the signage plan and pay the fee for a face change only. Ownership and financial arrangements for sharing the costs to construct the sign, obtain permits, maintain or change the sign are the sole responsibility of the owner of the business complex and/or those businesses who will advertise on the sign. (Ord. 1056 (Exh. I), 2010; Ord. 974 § 4 (Exh. A.2 § 5.13), 1998)

Sign permits are required for all signs so designated by city or state regulation, as defined in this chapter and as indicated in Table 1 of this chapter. If any sign requiring a permit is to be erected, placed, constructed, modified, moved or replaced, the owner or agent of the premises on which the sign is located must apply for and obtain a valid permit in accordance with the procedures outlined in this section.

A sign permit must be obtained for all signs required to have a permit when no permit for the sign has been previously issued. A sign permit application and site plan must be filed with the city at no cost to the owner to obtain a valid permit for permanent and temporary signage which is in place at the time this chapter is adopted. Permits for existing signage may be obtained at the time of, or prior to, but no later than the first business license renewal following adoption of this chapter.

When required by the Uniform Building Code or the building inspector, a separate building permit must be obtained for the erection, construction, modification, relocation, replacement, change of sign face, or alteration of a sign or sign structure.

When required by the State Electrical Code or the building inspector, an electrical permit must be obtained from the issuing authority before connecting an electrical sign to a source of electricity. The electrical components of any sign must meet applicable electrical standards.

All required permits may be applied for at the same time; however, building permits and electrical permits may not be issued until a sign permit has been issued. (Ord. 1056 (Exh. I), 2010; Ord. 974 § 4 (Exh. A.2 § 5.13), 1998)

A permanent sign permit must be applied for and obtained for all new and existing permanent signs requiring a permit, as indicated in Table 1 of this chapter. Permanent sign permits will be recertified, at no additional cost, with the annual business license. Once issued, a permit becomes null and void if:

A. The terms under which it was issued change and the sign is in violation of this chapter; or

B. The approved work is not substantially underway and in full compliance with the terms under which it was approved within 90 days from the date of the permit.

If a permit is voided under either of the above circumstances, the permit must be renewed. The fee to renew a permit is one-half of the original fee; provided, that no changes have been made to the original plans. (Ord. 1056 (Exh. I), 2010; Ord. 974 § 4 (Exh. A.2 § 5.13), 1998)

A common signage plan and permit is required (in lieu of other permits) when more than one business, tenant or use will be displayed on a single sign. The terms for a common signage permit are the same as those for permanent signs. (Ord. 1056 (Exh. I), 2010; Ord. 974 § 4 (Exh. A.2 § 5.13), 1998)

A new permanent sign permit is required for a sign required to have a permit which is intended to be substantially modified, replaced or relocated. In an emergency, where health or safety is threatened, repairs may begin without first applying for a new permit; however, a new permit must be applied for within 48 hours of the first working day of repairs. (Ord. 1056 (Exh. I), 2010; Ord. 974 § 4 (Exh. A.2 § 5.13), 1998)

Commercial, industrial, residential, public, and quasi-public uses and mixed-use developments (commercial combined with multifamily residential) may display event signage in compliance with the following regulations. These regulations apply to use of signs for grand opening events or for periodic special events. This section does not apply to those signs and displays that are listed in RMC 18.110.050, Exempt signs. Temporary and special event signs are subject to the same setback and clearance requirements that are applicable to other signs and shall not cause a hazard to public safety or block the visibility of motorists. (Ord. 1056 (Exh. I), 2010)

A temporary sign permit must be applied for and obtained for all new and existing temporary signs requiring a permit, as indicated in Table 4 of this chapter. Temporary permits are valid for a maximum of 60 consecutive calendar days for long-term events and seven consecutive calendar days for short-term events. If the sign is fully removed from public view within 10 days of the end of the permit period, the applicant may apply for and receive reimbursement of a portion of the permit deposit. (Ord. 1056 (Exh. I), 2010; Ord. 974 § 4 (Exh. A.2 § 5.13), 1998)

A special event sign permit must be applied for and obtained before any signs, posters or banners larger than 32 square feet or greater than six feet in height may be displayed announcing a special event. In compliance with the standards for signs on or visible to State Highway 30:

A. A special event sign permit is valid for a maximum of 60 consecutive calendar days for a long-term special event and seven consecutive calendar days for a short-term event.

B. Repealed by Ord. 1056.

C. When all materials are fully removed within 10 calendar days after the last day of the event, the applicant may apply for and receive reimbursement of the permit deposit. (Ord. 1056 (Exh. I), 2010; Ord. 974 § 4 (Exh. A.2 § 5.13), 1998)

At the end of the temporary and/or special event time period, signs removed cannot be displayed again for 14 consecutive calendar days for the same short-term event and 90 consecutive days for the same long-term event (see Table 4 of this chapter). (Ord. 1056 (Exh. I), 2010)

Repealed by Ord. 1056. (Ord. 1056 (Exh. I), 2010; Ord. 974 § 4 (Exh. A.2 § 5.13), 1998)

A. Application and Approval Process. A sign permit application must be obtained from the city, completed in full, signed and returned with the required fee and all required information before processing will begin. Sign permit applications will be reviewed and approved, approved with conditions, or denied by the city within 30 days of submission.

Approved permanent sign placement permits are valid for six months. If authorized work is not completed within six months of the signed permit, the permit will expire and a new application and fee must be submitted to the city. In cases where the delay is caused by circumstances over which the sign owner has no control, the planning commission may authorize up to one six-month extension of the permit. A permit may be revoked by the planning commission where there has been a violation of the provisions of this chapter or a misrepresentation of fact on the permit application materials.

B. Application Requirements for Permanent Signs. Applications for permanent signs must be accompanied by:

1. The appropriate fee, as adopted by ordinance;

2. Clear photographs of all existing signage;

3. An accurate plot plan of the premises, at a scale that is appropriate for the plan and which indicates:

a. The location of all principal structures, parking lots, driveways, main entrance(s) to the premises, and landscaping;

b. The number, type and location of each existing sign on the premises and on properties adjoining at all property lines; and

c. The number, type and location of each proposed new or modified sign;

4. A proposed sign plan, which includes:

a. The dimensions of each sign, including the sign area in square feet, the height of each sign, and the total square footage of all signage combined;

b. The lot frontage and wall dimensions used in determining allowable sign area;

c. A description of the color, materials, lettering or graphic style, source and intensity of lighting (if any), and any other prominent features of all signs;

d. Sign wording, symbols, logos or other graphics; and

e. Construction drawings indicating the size of footings, anchorages and welds;

5. Proof of a current city business license; and

6. Information about the sign contractor, electrical contractor, or other party who will construct the sign. (Ord. 1056 (Exh. I), 2010; Ord. 974 § 4 (Exh. A.2 § 5.13), 1998)

Fees for sign permits are set forth within the current fee schedule adopted by city ordinance. All fees must be paid in full before the city will issue any sign permit.

Permit fees are doubled if any sign is erected (including excavation) or changed prior to issue of required permit. (Ord. 1056 (Exh. I), 2010; Ord. 974 § 4 (Exh. A.2 § 5.13), 1998)

Signs subject to structural permits and electrical permits will be inspected upon construction in accordance with standard building and electrical inspection procedures.

The city public works superintendent will inspect all newly permitted signs within the first six months after issuance of a sign permit, and at any time deemed necessary by the city for verification of:

A. A valid permit;

B. Full compliance with the terms of sign approval; and

C. Reported violations of the provisions of this chapter. Inspection findings will be written directly on or attached to the city’s copy of the sign permit, and will become a part of the city’s permanent record. (Ord. 1056 (Exh. I), 2010; Ord. 974 § 4 (Exh. A.2 § 5.13), 1998)

Any sign for which one or more of the following circumstances are present shall be deemed an illegal sign:

A. There is no valid permit (where required);

B. The permit has expired and has not been renewed;

C. The permit has been revoked by the city;

D. The sign is in violation of the provisions of this chapter; or

E. The business activity on the premises has been vacated or discontinued for a period of 30 days or more.

Illegal signs must be removed or made valid by the sign’s owner within 10 days of written notice by the city, or the sign will be forfeited. (Ord. 1056 (Exh. I), 2010; Ord. 974 § 4 (Exh. A.2 § 5.13), 1998)

Any sign which was erected legally, but was erected prior to the effective date of the ordinance codified in this chapter, or at a later date, when the premises was annexed to the city, and which was constructed in accordance with the applicable laws in effect at the time of its construction, but which by reason of its size, height, location, design or construction is not in conformance with the requirements of this chapter, shall be deemed a nonconforming sign.

A nonconforming sign may remain in place and be maintained for a period ending no later than five years from the effective date of the ordinance codified in this chapter; provided, that no action is taken which increases the degree or extent of the nonconformity. A nonconforming sign will either be eliminated or made to conform with the provisions of this chapter when:

A. A new use occupies the premises, after the premises has been vacated longer than 18 months from its last occupancy;

B. Any proposed change, repair or maintenance would constitute an expense of more than 25 percent of the lesser of the original value or replacement value of the sign;

C. The sign is to be replaced or relocated; or

D. The five-year amortization period has ended. (Ord. 1056 (Exh. I), 2010; Ord. 974 § 4 (Exh. A.2 § 5.13), 1998)

The planning commission may approve a two-to-five-year extension of the amortization period when a hardship is clearly demonstrated by the sign owner. To apply for an extension, the sign owner must present written evidence that the following criteria are met:

A. The sign must have been erected legally and constructed in accordance with the applicable laws in effect at the time of its construction.

B. It must be clearly shown that elimination or renovation of the sign to bring it into compliance within the five-year amortization period will cause extreme hardship or substantial loss to the owner due to the age of the sign, the cost of the sign, or the type of sign; or

C. Other circumstances are present which the planning commission deem sufficient hardship to justify a reasonable extension of the amortization period.

Generally, signs which are less than 15 years old on the effective date of the ordinance codified in this chapter and which would require a disproportionate capital expenditure to replace or renovate may be eligible for an extension. Under no circumstances will the amortization period for a nonconforming sign be extended more than 10 years beyond the effective date of the ordinance codified in this chapter. (Ord. 1056 (Exh. I), 2010; Ord. 974 § 4 (Exh. A.2 § 5.13), 1998)

Signs of historic significance or signs which may otherwise qualify for a variance from the provisions of this chapter must be reviewed through the formal public hearing process, in accordance with the variance procedures outlined in Chapter 18.135 RMC.

An administrative variance may be granted by the planning director for the relief of up to 10 percent from one standard without the need for the formal variance process. (Ord. 1056 (Exh. I), 2010; Ord. 974 § 4 (Exh. A.2 § 5.13), 1998)

Any sign found to be in violation with the provisions of this chapter will be forfeited to the city and subject to confiscation. In addition to other remedies described within Chapter 18.180 RMC, the city will have the right to recover from the responsible party the full cost of removing and disposing a confiscated sign. If a valid permit is in effect at the time of violation, the city reserves the right to revoke the permit and to deny renewal unless and until the sign is brought into full compliance with the provisions of this chapter. (Ord. 1056 (Exh. I), 2010; Ord. 974 § 4 (Exh. A.2 § 5.13), 1998)

(Ord. 1056 (Exh. D), 2010)

1    Signs that do not require a permit are not subject to the standards of Table 2A and 2B.

2    Premises which front on two or more streets are allowed sign area for each street frontage; however, the total sign area for any one street frontage may not exceed the allocation that is derived from the premises, building, or wall area frontage on that street. Sign area cannot be “borrowed” from one street frontage to increase the allowable area on a second frontage.

(Ord. 1056 (Exh. E), 2010)

    Premises which front on two or more streets are allowed sign area for each street frontage; however, the total sign area for any one street may not exceed the allocation that is derived from the premises, building, or wall area frontage on that street. Sign area cannot be “borrowed” from one street frontage to increase the allowable area on a second frontage. One one portable sign is allowed for such premises.

(Ord. 1056 (Exh. F), 2010)

(Ord. 1056 (Exh. G), 2010)

(Ord. 1056 (Exh. H), 2010)

This chapter provides for zero lot line development to encourage flexibility in housing type, reduction of lot costs, and opportunities for solar orientation. Zero lot line dwellings may be approved in the R-2 or R-3 zones. The density provisions of the base zones are applicable to zero lot line development. (Ord. 974 § 4 (Exh. A.2 § 5.14), 1998)

Zero lot line development shall be reviewed and determined by planning and public works as a Type II decision. The design review procedures set forth in Chapter 18.145 RMC shall be followed. (Ord. 974 § 4 (Exh. A.2 § 5.14), 1998)

The applicant for zero lot line development shall submit the following information with the design review application:

A. A plot plan showing the location of all proposed structures and the type of structures proposed.

B. Restrictive covenant to limit the type and location of the dwelling on the site.

C. Solar easement for each lot, if appropriate. (Ord. 974 § 4 (Exh. A.2 § 5.14), 1998)

A redivision plan for existing lots may be considered in the R-2 and R-3 zones; provided, that none of the lots to be created are smaller than 3,000 square feet. The plan shall be reviewed and determined by planning and public works as a Type I decision. (Ord. 974 § 4 (Exh. A.2 § 5.14), 1998)

With the exception of the zero lot line boundary, all other setbacks and height limits of the R-2 and R-3 zones shall apply. (Ord. 974 § 4 (Exh. A.2 § 5.14), 1998)

The state of Oregon has in ORS 197.175 delegated the responsibility to local governmental units to adopt floodplain management regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city of Rainier does ordain as follows. (Ord. 1082 § 1.1, 2022)

A. The flood hazard areas of the city of Rainier are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

B. These flood losses may be caused by the cumulative effect of obstructions in special flood hazard areas which increase flood heights and velocities, and when inadequately anchored, cause damage in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to flood loss. (Ord. 1082 § 1.2, 2022)

It is the purpose of this chapter to promote public health, safety, and general welfare, and to minimize public and private losses due to flooding in flood hazard areas by provisions designed to:

A. Protect human life and health;

B. Minimize expenditure of public money for costly flood control projects;

C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

D. Minimize prolonged business interruptions;

E. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in special flood hazard areas;

F. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas so as to minimize blight areas caused by flooding;

G. Notify potential buyers that the property is in a special flood hazard area;

H. Notify those who occupy special flood hazard areas that they assume responsibility for their actions;

I. Participate in and maintain eligibility for flood insurance and disaster relief. (Ord. 1082 § 1.3, 2022)

In order to accomplish its purposes, this chapter includes methods and provisions for:

A. Restricting or prohibiting development which is dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

B. Requiring that development vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

D. Controlling filling, grading, dredging, and other development which may increase flood damage;

E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or may increase flood hazards in other areas. (Ord. 1082 § 1.4, 2022)

Article II. Definitions

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage.

“Appeal” means a request for a review of the interpretation of any provision of this chapter or a request for a variance.

“Area of shallow flooding” means a designated zone AO, AH, AR/AO or AR/AH on a community’s flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

“Area of special flood hazard” means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. It is shown on the flood insurance rate map (FIRM) as zone A, AO, AH, A1-30, AE, A99, AR (V, V1-30, VE). “Special flood hazard area” is synonymous in meaning and definition with the phrase “area of special flood hazard.”

“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year.

“Base flood elevation (BFE)” means the elevation to which floodwater is anticipated to rise during the base flood.

“Basement” means any area of the building having its floor subgrade (below ground level) on all sides.

“Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Flood Elevation Study. See “Flood insurance study.”

“Flood insurance rate map (FIRM)” means the official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).

“Flood insurance study (FIS)” means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

Flood or Flooding.

1. A general and temporary condition of partial or complete inundation of normally dry land areas from:

a. The overflow of inland or tidal waters.

b. The unusual and rapid accumulation or runoff of surface waters from any source.

c. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (1)(a) of this definition.

“Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also referred to as “regulatory floodway.”

“Functionally dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long term storage or related manufacturing facilities.

“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

“Historic structure” means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a. By an approved state program as determined by the Secretary of the Interior; or

b. Directly by the Secretary of the Interior in states without approved programs.

“Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.

“Manufactured dwelling” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured dwelling” does not include a “recreational vehicle” and is synonymous with “manufactured home.”

“Manufactured dwelling park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured dwelling lots for rent or sale.

“Mean sea level” means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which base flood elevations shown on a community’s flood insurance rate map are referenced.

New Construction. For floodplain management purposes, “new construction” means structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by the city of Rainier and includes any subsequent improvements to such structures.

“Recreational vehicle” means a vehicle which is:

1. Built on a single chassis;

2. Four hundred square feet or less when measured at the largest horizontal projection;

3. Designed to be self-propelled or permanently towable by a light duty truck; and

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Special Flood Hazard Area. See “Area of special flood hazard” for this definition.

“Start of construction” includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured dwelling on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

“Structure” means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured dwelling.

“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

“Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2. Any alteration of a “historic structure”; provided, that the alteration will not preclude the structure’s continued designation as a “historic structure.”

“Variance” means a grant of relief by the city of Rainier from the terms of a floodplain management regulation.

“Violation” means the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. (Ord. 1082, 2022)

Article III. General Provisions

This chapter shall apply to all special flood hazard areas within the jurisdiction of the city of Rainier. (Ord. 1082 § 1.1, 2022)

The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and engineering report entitled “The Flood Insurance Study (FIS) for the City of Rainier, Oregon (Flood Map 41009C010D), dated November 26, 2010, with accompanying Flood Insurance Rate Maps (FIRMs) 410038, is hereby adopted by reference and declared to be a part of this chapter. The FIS and FIRM panels are on file at the Columbia County Planning Department, St. Helens, Oregon, and available online at: https://hazardsfema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d4879338b5529aa9cd&extent=-122.97294158263547,46.07290874175574,-122.90565032286993,46.102672907506594. (Ord. 1082 § 1.2, 2022)

Pursuant to the requirement established in ORS Chapter 455 that the city of Rainier administers and enforces the state of Oregon Specialty Codes, the city of Rainier does hereby acknowledge that the Oregon Specialty Codes contain certain provisions that apply to the design and construction of buildings and structures located in special flood hazard areas. Therefore, this chapter is intended to be administered and enforced in conjunction with the Oregon Specialty Codes. (Ord. 1082 § 1.3, 2022)

A. Compliance. All development within special flood hazard areas is subject to the terms of this chapter and required to comply with its provisions and all other applicable regulations.

B. Penalties for Noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a Class I misdemeanor, punishable by a $500.00 fine. Nothing contained herein shall prevent the city of Rainier from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 1082 § 1.4, 2022)

A. Abrogation. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

B. Severability. This chapter and the various parts thereof are hereby declared to be severable. If any section, clause, sentence, or phrase of this chapter is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this chapter. (Ord. 1082 § 1.5, 2022)

In the interpretation and application of this chapter, all provisions shall be:

A. Considered as minimum requirements;

B. Liberally construed in favor of the governing body; and

C. Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 1082 § 1.6, 2022)

A. Warning. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.

B. Disclaimer of Liability. This chapter shall not create liability on the part of the city of Rainier, any officer or employee thereof, or the Federal Insurance Administrator for any flood damages that result from reliance on this chapter, or any administrative decision lawfully made hereunder. (Ord. 1082 § 1.7, 2022)

Article IV. Administration

The city administrator, or designee, is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accordance with its provisions. The floodplain administrator may delegate authority to implement these provisions. (Ord. 1082 § 1.8, 2022)

Duties of the floodplain administrator, or their designee, shall include, but not be limited to:

A. Permit Review. Review all development permits to determine that:

1. The permit requirements of this chapter have been satisfied;

2. All other required local, state, and federal permits have been obtained and approved;

3. Review all development permits to determine if the proposed development is located in a floodway. If located in the floodway assure that the floodway provisions of RMC 18.120.180(D) are met; and

4. Review all development permits to determine if the proposed development is located in an area where base flood elevation (BFE) data is available either through the flood insurance study (FIS) or from another authoritative source. If BFE data is not available then ensure compliance with the provisions of RMC 18.120.170(G); and

5. Provide to building officials the base flood elevation (BFE) with an additional two feet of freeboard height applicable to any building requiring a development permit;

6. Review all development permit applications to determine if the proposed development qualifies as a substantial improvement as defined in RMC 18.120.050;

7. Review all development permits to determine if the proposed development activity is a watercourse alteration. If a watercourse alteration is proposed, ensure compliance with the provisions in RMC 18.120.170(A);

8. Review all development permits to determine if the proposed development activity includes the placement of fill or excavation.

B. Information to Be Obtained and Maintained. The following information shall be obtained and maintained and shall be made available for public inspection as needed:

1. Obtain, record, and maintain the actual elevation (in relation to mean sea level) of the lowest floor (including basements) and all attendant utilities of all new or substantially improved structures where base flood elevation (BFE) data is provided through the flood insurance study (FIS), flood insurance rate map (FIRM), or obtained in accordance with RMC 18.120.170(G).

2. Obtain and record the elevation (in relation to mean sea level) of the natural grade of the building site for a structure prior to the start of construction and the placement of any fill and ensure that the requirements of RMC 18.120.180(D), 5.3.1(F), 4.2.1(B) are adhered to.

3. Upon placement of the lowest floor of a structure (including basement) but prior to further vertical construction, obtain documentation, prepared and sealed by a professional licensed surveyor or engineer, certifying the elevation (in relation to mean sea level) of the lowest floor (including basement).

4. Where base flood elevation data are utilized, obtain as-built certification of the elevation (in relation to mean sea level) of the lowest floor (including basement) prepared and sealed by a professional licensed surveyor or engineer, prior to the final inspection.

5. Maintain all elevation certificates (EC) submitted to the community.

6. Obtain, record, and maintain the elevation (in relation to mean sea level) to which the structure and all attendant utilities were floodproofed for all new or substantially improved floodproofed structures where allowed under this chapter and where base flood elevation (BFE) data is provided through the FIS, FIRM, or obtained in accordance with RMC 18.120.170(G).

7. Maintain all floodproofing certificates required under this chapter.

8. Record and maintain all variance actions, including justification for their issuance.

9. Obtain and maintain all hydrologic and hydraulic analyses performed as required under RMC 18.120.180(D).

10. Record and maintain all substantial improvement and substantial damage calculations and determinations as required under RMC 18.120.140(D).

11. Maintain for public inspection all records pertaining to the provisions of this chapter.

C. Requirement to Notify Other Entities and Submit New Technical Data.

1. Community Boundary Alterations. The floodplain administrator shall notify the Federal Insurance Administrator in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed authority or no longer has authority to adopt and enforce floodplain management regulations for a particular area, to ensure that all flood hazard boundary maps (FHBM) and flood insurance rate maps (FIRM) accurately represent the community’s boundaries. Include within such notification a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority.

2. Watercourse Alterations. Notify adjacent communities, the Department of Land Conservation and Development, and other appropriate state and federal agencies, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. This notification shall be provided by the applicant to the Federal Insurance Administration as a letter of map revision (LOMR) along with either:

a. A proposed maintenance plan to assure the flood carrying capacity within the altered or relocated portion of the watercourse is maintained; or

b. Certification by a registered professional engineer that the project has been designed to retain its flood carrying capacity without periodic maintenance.

The applicant shall be required to submit a conditional letter of map revision (CLOMR) when required under subsection (C)(3) of this section. Ensure compliance with all applicable requirements in subsection (C)(3) of this section and RMC 18.120.170(A).

3. Requirement to Submit New Technical Data. A community’s base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with 44 CFR Section 65.3. The community may require the applicant to submit such data and review fees required for compliance with this section through the applicable FEMA letter of map change (LOMC) process.

The floodplain administrator shall require a conditional letter of map revision prior to the issuance of a floodplain development permit for:

a. Proposed floodway encroachments that increase the base flood elevation; and

b. Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway.

An applicant shall notify FEMA within six months of project completion when an applicant has obtained a conditional letter of map revision (CLOMR) from FEMA. This notification to FEMA shall be provided as a letter of map revision (LOMR).

D. Substantial Improvement and Substantial Damage Assessments and Determinations. Conduct substantial improvement (SI) (as defined in RMC 18.120.050) reviews for all structural development proposal applications and maintain a record of SI calculations within permit files in accordance with subsection B of this section. Conduct substantial damage (SD) (as defined in RMC 18.120.050) assessments when structures are damaged due to a natural hazard event or other causes. Make SD determinations whenever structures within the special flood hazard area (as established in RMC 18.120.070) are damaged to the extent that the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (Ord. 1082 § 1.9, 2022)

A. Floodplain Development Permit Required. A development permit shall be obtained before construction or development begins within any area horizontally within the special flood hazard area established in RMC 18.120.070. The development permit shall be required for all structures, including manufactured dwellings, and for all other development, as defined in RMC 18.120.050, including fill and other development activities.

B. Application for Development Permit. Application for a development permit may be made on forms furnished by the floodplain administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically the following information is required:

1. In riverine flood zones, the proposed elevation (in relation to mean sea level), of the lowest floor (including basement) and all attendant utilities of all new and substantially improved structures; in accordance with the requirements of RMC 18.120.140(B).

2. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed.

3. Certification by a registered professional engineer or architect licensed in the state of Oregon that the floodproofing methods proposed for any nonresidential structure meet the floodproofing criteria for nonresidential structures in RMC 18.120.180(C)(3).

4. Description of the extent to which any watercourse will be altered or relocated.

5. Base flood elevation data for subdivision proposals or other development when required per RMC 18.120.140(A) and 18.120.170(F).

6. Substantial improvement calculation for any improvement, addition, reconstruction, renovation, or rehabilitation of an existing structure.

7. The amount and location of any fill or excavation activities proposed. (Ord. 1082 § 1.10, 2022)

The issuance of a variance is for floodplain management purposes only. Flood insurance premium rates are determined by federal statute according to actuarial risk and will not be modified by the granting of a variance.

A. Conditions for Variances.

1. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the provisions of subsections (A)(3) and (4) and B of this section. As the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases.

2. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

3. Variances shall not be issued within any floodway if any increase in flood levels during the base flood discharge would result.

4. Variances shall only be issued upon:

a. A showing of good and sufficient cause;

b. A determination that failure to grant the variance would result in exceptional hardship to the applicant;

c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.

5. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use; provided, that the criteria of subsections (A)(2) through (4) of this section are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

B. Variance Notification. Any applicant to whom a variance is granted shall be given written notice that the issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance and that such construction below the base flood elevation increases risks to life and property. Such notification and a record of all variance actions, including justification for their issuance, shall be maintained in accordance with RMC 18.120.140(B). (Ord. 1082 § 1.11, 2022)

Article V. Provisions for Flood Hazard Reduction

In all special flood hazard areas, the following standards shall be adhered to:

A. Alteration of Watercourses. Require that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained. Require that maintenance is provided within the altered or relocated portion of said watercourse to ensure that the flood carrying capacity is not diminished. Require compliance with RMC 18.120.140(C)(2) and (C)(3).

B. Anchoring.

1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

2. All manufactured dwellings shall be anchored per RMC 18.120.180(C)(4).

C. Construction Materials and Methods.

1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

D. Utilities and Equipment.

1. Water Supply, Sanitary Sewer, and On-Site Waste Disposal Systems.

a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters.

c. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding consistent with the Oregon Department of Environmental Quality.

2. Electrical, Mechanical, Plumbing, and Other Equipment. Electrical, heating, ventilating, air-conditioning, plumbing, duct systems, and other equipment and service facilities shall be elevated at or above the base flood level an additional 24 inches or shall be designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during conditions of flooding. In addition, electrical, heating, ventilating, air-conditioning, plumbing, duct systems, and other equipment and service facilities shall meet all the requirements of this section if replaced as part of a substantial improvement.

E. Tanks.

1. Underground tanks shall be anchored to prevent flotation, collapse and lateral movement under conditions of the base flood.

2. Above-ground tanks shall be installed at or above the base flood level and an additional two feet of freeboard height or shall be anchored to prevent flotation, collapse, and lateral movement under conditions of the base flood.

F. Subdivision Proposals and Other Proposed Developments.

1. All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) greater than 50 lots or five acres, whichever is the lesser, shall include within such proposals, base flood elevation data.

2. All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) shall:

a. Be consistent with the need to minimize flood damage.

b. Have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage.

c. Have adequate drainage provided to reduce exposure to flood hazards.

G. Use of Other Base Flood Elevation Data. When base flood elevation data has not been provided in accordance with RMC 18.120.070 the local floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation data available from a federal, state, or other source, in order to administer this article. All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) must meet the requirements of subsection F of this section.

Base flood elevations shall be determined for development proposals that are five acres or more in size or are 50 lots or more, whichever is lesser, in any A zone that does not have an established base flood elevation. Development proposals located within a riverine unnumbered A zone shall be reasonably safe from flooding; the test of reasonableness includes use of historical data, high water marks, FEMA-provided base level engineering data, and photographs of past flooding, etc., where available. See FIRM 410038. When no base flood elevation data is available the elevation requirement is two feet above the highest adjacent grade. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates.

G. Structures Located in Multiple or Partial Flood Zones. In coordination with the state of Oregon Specialty Codes:

1. When a structure is located in multiple flood zones on the community’s flood insurance rate maps (FIRM) the provisions for the more restrictive flood zone shall apply.

2. When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements for new construction and substantial improvements. (Ord. 1082 § 1.12, 2022)

These specific standards shall apply to all new construction and substantial improvements in addition to the general standards contained in RMC 18.120.170.

A. Flood Openings. All new construction and substantial improvements with fully enclosed areas below the lowest floor (excluding basements) are subject to the following requirements:

Enclosed areas below the base flood elevation, including crawlspaces, shall:

1. Be designed to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters;

2. Be used solely for parking, storage, or building access;

3. Be certified by a registered professional engineer or architect or meet or exceed all of the following minimum criteria:

a. A minimum of two openings,

b. The total net area of non-engineered openings shall be not less than one square inch for each square foot of enclosed area, where the enclosed area is measured on the exterior of the enclosure walls,

c. The bottom of all openings shall be no higher than one foot above grade,

d. Openings may be equipped with screens, louvers, valves, or other coverings or devices; provided, that they shall allow the automatic flow of floodwater into and out of the enclosed areas and shall be accounted for in the determination of the net open area,

e. All additional higher standards for flood openings in the state of Oregon Residential Specialty Codes Section R322.2.2 shall be complied with when applicable.

B. Garages.

1. Attached garages may be constructed with the garage floor slab below the base flood elevation (BFE) in riverine flood zones, if the following requirements are met:

a. If located within a floodway the proposed garage must comply with the requirements of subsection D of this section;

b. The floors are at or above grade on not less than one side;

c. The garage is used solely for parking, building access, and/or storage;

d. The garage is constructed with flood openings in compliance with subsection A of this section to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater;

e. The portions of the garage constructed below the BFE are constructed with materials resistant to flood damage;

f. The garage is constructed in compliance with the standards in RMC 18.120.170; and

g. The garage is constructed with electrical and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood.

2. Detached garages must be constructed in compliance with the standards for appurtenant structures in subsection (C)(6) of this section or nonresidential structures in subsection (C)(3) of this section depending on the square footage of the garage.

C. For Riverine (Non-Coastal) Special Flood Hazard Areas With Base Flood Elevations. In addition to the general standards listed in RMC 18.120.170 the following specific standards shall apply in riverine (non-coastal) special flood hazard areas with base flood elevations (BFE): zones A1-A30, AH, and AE:

1. Before Regulatory Floodway. In areas where a regulatory floodway has not been designated, no new construction, substantial improvement, or other development (including fill) shall be permitted within zones A1-30 and AE on the community’s flood insurance rate map (FIRM), unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

2. Residential Construction.

a. New construction, conversion to, and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at or above the base flood elevation (BFE) a minimum of two feet of freeboard.

b. Enclosed areas below the lowest floor shall comply with the flood opening requirements in subsection A of this section.

3. Nonresidential Construction.

a. New construction, conversion to, and substantial improvement of any commercial, industrial, or other nonresidential structure shall:

i. Have the lowest floor, including basement elevated at or above the base flood elevation (BFE) by two feet of freeboard; or

ii. Together with attendant utility and sanitary facilities:

Additional recommended language provided in Appendix B.

(A) Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

(B) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

(C) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this section based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the floodplain administrator as set forth RMC 18.120.140(B).

b. Nonresidential structures that are elevated, not floodproofed, shall comply with the standards for enclosed areas below the lowest floor in subsection A of this section.

c. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building floodproofed to the base flood level will be rated as one foot below.

4. Manufactured Dwellings.

a. Manufactured dwellings to be placed (new or replacement) or substantially improved that are supported on solid foundation walls shall be constructed with flood openings that comply with subsection A of this section;

b. The bottom of the longitudinal chassis frame beam shall be at or above base flood elevation;

c. Manufactured dwellings to be placed (new or replacement) or substantially improved shall be anchored to prevent flotation, collapse, and lateral movement during the base flood. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques); and

d. Electrical crossover connections shall be a minimum of 12 inches above base flood elevation (BFE).

5. Recreational Vehicles. Recreational vehicles placed on sites are required to:

a. Be on the site for fewer than 180 consecutive days; and

b. Be fully licensed and ready for highway use, on its wheels or jacking system, be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or

c. Meet the requirements of subsection (C)(4) of this section, including the anchoring and elevation requirements for manufactured dwellings.

6. Appurtenant (Accessory) Structures. Relief from elevation or floodproofing requirements for residential and nonresidential structures in riverine (non-coastal) flood zones may be granted for appurtenant structures that meet the following requirements:

a. Appurtenant structures located partially or entirely within the floodway must comply with requirements for development within a floodway found in subsection D of this section;

b. Appurtenant structures must only be used for parking, access, and/or storage and shall not be used for human habitation;

c. In compliance with state of Oregon Specialty Codes, appurtenant structures on properties that are zoned residential are limited to one-story structures less than 200 square feet, or 400 square feet if the property is greater than two acres in area and the proposed appurtenant structure will be located a minimum of 20 feet from all property lines. Appurtenant structures on properties that are zoned as nonresidential are limited in size to 120 square feet;

d. The portions of the appurtenant structure located below the base flood elevation must be built using flood resistant materials;

e. The appurtenant structure must be adequately anchored to prevent flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood;

f. The appurtenant structure must be designed and constructed to equalize hydrostatic flood forces on exterior walls and comply with the requirements for flood openings in subsection A of this section;

g. Appurtenant structures shall be located and constructed to have low damage potential;

h. Appurtenant structures shall not be used to store toxic material, oil, or gasoline, or any priority persistent pollutant identified by the Oregon Department of Environmental Quality unless confined in a tank installed in compliance with RMC 18.120.170(E);

i. Appurtenant structures shall be constructed with electrical, mechanical, and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood.

D. Floodways. Located within the special flood hazard areas established in RMC 18.120.070 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of the floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless:

a. Certification by a registered professional civil engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment shall not result in any increase in flood levels within the community during the occurrence of the base flood discharge; or

b. A community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations; provided, that a conditional letter of map revision (CLOMR) is applied for and approved by the Federal Insurance Administrator, and the requirements for such revision as established under 44 CFR Section 65.12 are fulfilled.

2. If the requirements of subsection (D)(1) of this section are satisfied, all new construction, substantial improvements, and other development shall comply with all other applicable flood hazard reduction provisions of this article.

a. Hydrodynamic loads and the effects of buoyancy; if this method is used, compliance shall be certified by a registered professional engineer or architect as stated in subsection (C)(3)(a)(ii)(C) of this section.

3. Recreational vehicles placed on sites within AO zones on the community’s flood insurance rate maps (FIRM) shall either:

a. Be on the site for fewer than 180 consecutive days; and

b. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

c. Meet the elevation requirements of section 5.2.5.2(A), and the anchoring and other requirements for manufactured dwellings of subsection (C)(4) of this section.

4. In AO zones, new and substantially improved appurtenant structures must comply with the standards in subsection (C)(6) of this section.

5. In AO zones, enclosed areas beneath elevated structures shall comply with the requirements in subsection A of this section. (Ord. 1082 § 1.13, 2022)

Building: See “Structure.”

Critical facility: Means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use, or store hazardous materials or hazardous waste.

Elevated building: Means for insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.

Floodplain or flood prone area: Any land area susceptible to being inundated by water from any source. See “Flood or flooding.”

Floodplain administrator: The community official designated by title to administer and enforce the floodplain management regulations.

Floodplain management: The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.

Floodplain management regulations: Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other application of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Hazardous material: The Oregon Department of Environmental Quality defines hazardous materials to include any of the following:

(a) Hazardous waste as defined in ORS 466.005;

(b) Radioactive waste as defined in ORS 469.300, radioactive material identified by the Energy Facility Siting Council under ORS 469.605 and radioactive substances defined in ORS 453.005

(c) Communicable disease agents as regulated by the Health Division under ORS Chapter 431 and 433.010 to 433.045 and 433.106 to 433.990;

(d) Hazardous substances designated by the United States Environmental Protection Agency (EPA) under section 311 of the Federal Water Pollution Control Act, P.L. 92-500, as amended;

(e) Substances listed by the United States EPA in section 40 of the Code of Federal Regulations, Part 302 – Table 302.4 (list of Hazardous Substances and Reportable Quantities) and amendments;

(f) Material regulated as a Chemical Agent under ORS 465.550;

(g) Material used as a weapon of mass destruction, or biological weapon;

(h) Pesticide residue;

(i) Dry cleaning solvent as defined by ORS 465.200(9).

Letter of Map Change (LOMC): Means an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps and Flood Insurance Studies. The following are categories of LOMCs:

(a) Conditional Letter of Map Amendment (CLOMA): A CLOMA is FEMA’s comment on a proposed structure or group of structures that would, upon construction, be located on existing natural ground above the base (1-percent-annual-chance) flood elevation on a portion of a legally defined parcel of land that is partially inundated by the base flood.

(b) Conditional Letter of Map Revision (CLOMR): A CLOMR is FEMA’s comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations, or the special flood hazard area.

(c) Conditional Letter of Map Revision based on Fill (CLOMR-F): A CLOMR-F is FEMA’s comment on a proposed project that would, upon construction, result in a modification of the special flood hazard area through the placement of fill outside the existing regulatory floodway.

(d) Letter of Map Amendment (LOMA): An official amendment, by letter, to the Flood Insurance Rate Maps (FIRMs) based on technical data showing that an existing structure, parcel of land or portion of a parcel of land that is naturally high ground, (i.e., has not been elevated by fill) above the base flood, that was inadvertently included in the special flood hazard area.

(e) Letter of Map Revision (LOMR): A LOMR is FEMA’s modification to an effective Flood Insurance Rate Map (FIRM), or Flood Boundary and Floodway Map (FBFM), or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations, or the SFHA. The LMOR officially revises the FIRM or FBFM, and sometimes the Flood Insurance Study (FIS) report, and, when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM, FBFM, or FIS report.

(f) Letter of Map Revision based on Fill (LOMR-F): A LOMR-F is FEMA’s modification of the special flood hazard area shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway.

(g) PMR: A PMR is FEMA’s physical revision and republication of an effective Flood Insurance Rate Map (FIRM) or Flood Insurance Study (FIS) report. PMRs are generally based on physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective baes flood elevations, or the special flood hazard area.

Regulatory floodway: See “Floodway.”

Sheet flow area: See “Area of shallow flooding.”

Water dependent: Means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of intrinsic nature of its operations.

Water surface elevation: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas; to include Columbia River Datum (CRD). (Ord. 1082, 2022)