Silverton City Zoning Code

Promote the orderly development of neighborhoods.

Make efficient use of land and public services and implement the comprehensive plan.

Designate land for the range of housing types and densities needed by the community, including owner-occupied and rental housing.

Allow for convenient neighborhood access to parks, schools, places of worship, and other supportive services, compatible with planned residential densities.

Provide flexible lot standards that encourage compatibility between land uses, efficiency in site design, and environmental compatibility.

Provide for compatible building and site design at an appropriate neighborhood scale; provide standards that are in character with the landforms and desired architectural character of Silverton.

Apply the minimum amount of regulation necessary to ensure compatibility with existing residences, schools, parks, transportation facilities, and neighborhood services.

Reduce reliance on the automobile for neighborhood travel and provide options for walking, bicycling and transit use.

Provide direct and convenient access to schools, parks and neighborhood services.

Accommodate acreage residential uses in areas not yet served with urban infrastructure.

The single-family residential (R-1) zone is one of the land use districts that implements the single-family residential comprehensive plan land use designation. It is intended primarily for household and group living at densities generally ranging from two dwellings per acre to not more than six dwellings per acre. Hillside properties zoned R-1 shall also be subject to the hillside protection overlay zone provisions under Chapter 2.6 SDC.

The low density residential (R-5) zone is one of the land use districts that implements the single-family residential comprehensive plan land use designation. It is intended to accommodate a variety of household and group living uses, including attached and detached dwellings, on small and medium-size lots, at densities generally ranging from five dwellings per acre to not more than 10 dwellings per acre. The R-5 district is an appropriate transition between R-1 zoning and higher density residential or commercial districts.

The multiple-family residential (RM-10) zone is one of the districts that implements the multifamily comprehensive plan land use designation. It is intended to accommodate a variety of household and group living uses, including multiple-family, attached single-family and small-lot detached dwellings, at densities generally ranging from 10 dwellings per acre to not more than 20 dwellings per acre. The RM-10 district is an appropriate transition between R zoning and higher density residential or commercial districts.

The multiple-family residential (RM-20) zone is one of the zones that is intended to accommodate household and group living uses, including multifamily and attached single-family dwellings, at densities generally ranging from 20 dwellings per acre to not more than 32 dwellings per acre. The RM-20 district provides for a variety of higher density residential living options.

The acreage residential (AR) zone is intended to provide appropriate regulations governing the division and development of lands designated acreage residential in the comprehensive plan. These are properties which prior to being annexed to the city may have been developed consistent with Marion County’s rural regulations. The district allows the continued use of existing rural residential developments provided they do not exceed the environmental and public service capabilities of the area. It also recognizes that properties designated AR are in transition from rural to urban uses. Certain uses, such as farming, that may not be permitted on other lands within the city limits may otherwise be allowed on AR lands. It is not intended to be an alternative zoning designation for lands that are already designated to accommodate future urban development at higher densities.

Residential care homes/facilities/institutions, senior housing, including assisted living, accessory dwellings, and developments in areas with significant natural resources or physical constraints (e.g., wetlands, unstable soils, steep slopes, etc.) are exempt from the minimum density standard.

The density standards may be averaged over more than one development phase when approved through a planned development.

Accessory dwellings are exempt from the density standards. Duplexes shall be counted as one dwelling unit for the purpose of determining compliance with maximum density standards. Duplexes may be counted as one or two dwelling units for the purpose of determining compliance with minimum density standards.

Partitions and construction of single-family homes on lots exceeding 20,000 square feet, except within the hillside protection overlay district, shall be planned so that infill development can occur in the future and such development can occur in accordance with other adopted plans (e.g., the city of Silverton transportation system plan) and the minimum lot size and other dimensional standards of the district. See also SDC § 4.3.110(C), Future Redivision Plan. Densities may be transferred or adjusted through the planned development approval process under Chapter 4.5 SDC, to provide for exceptional development designs that conserve open spaces and meet other community planning objectives.

Minimum and maximum housing densities are calculated by multiplying the total parcel or lot area by the applicable density range. Properties must be developed within the minimum and maximum range. Some properties may not be capable of accommodating development at maximum densities. Properties that cannot meet maximum density standards may consider transferring density and modifying allowable lot sizes and/or housing types through a planned development process. Typical constraints include street right-of-way requirements, parcel configuration, or the presence of natural features or physical constraints.

Areas reserved for flag lot access (flag poles) are not counted for the purpose of calculating minimum lot area.

Duplexes shall be counted as one dwelling unit for the purpose of determining compliance with maximum density standards. Duplexes may be counted as one or two dwelling units for the purpose of determining compliance with minimum density standards.

Housing density calculations resulting in fractions of dwelling units shall be rounded to the nearest whole number.

Except as provided below, all primary structures shall have at least one primary entrance (i.e., dwelling entrance, lobby entrance, or breezeway/courtyard entrance serving a cluster of dwellings) facing an adjacent street, or if on a side elevation, not more than 30 feet from a street sidewalk. See Figure 2.2.180.C(1);

Except as allowed for single-family detached dwellings and duplexes, or as provided below, off-street parking, driveways, and other vehicle areas shall not be placed between buildings and the street(s) to which they are oriented, as per subsection (C)(1) of this section and Figure 2.2.180.C(1). Off-street parking and driveways may be placed between buildings and streets where the approval body finds that one of the following exemptions in subsections (C)(2)(a) through (e) of this section applies and allowing the exemption will not adversely affect pedestrian access, safety or convenience:

Building Length. The continuous horizontal distance, as measured from end-wall to end-wall, of individual buildings shall not exceed 88 feet in the R-1, R-5, and RM-10 districts and 120 feet in the RM-20 district.

Articulation. All buildings shall incorporate design features such as varying roof lines, off-sets, balconies, projections (e.g., overhangs, porches, or similar features), recessed or covered entrances, window reveals, change in materials or textures (e.g., stone or faux stone, brick, wood or concrete-wood (shakes versus lap or board and batten siding, etc.)), or similar elements to break up large expanses of uninterrupted building surfaces or blank walls. Along the horizontal and vertical face of a structure, and on all building stories, such elements shall occur at least once every 20 feet, and each floor shall contain at least two elements, as generally shown in the figures in this section.

Eyes on the Street. All building elevations visible from a street right-of-way shall provide prominent defined entrances, and a combination of windows, doors, porches, balconies, and terraces. A minimum of 40 percent of front (i.e., street-facing) elevations, and a minimum of 30 percent of side and rear building elevations, as a percentage of surface area and horizontal plane (lineal feet), shall meet this standard. Windows used to meet this standard shall be proportionately sized and evenly distributed, as generally shown in the figures above. The standard applies to each full and partial building story.

Garage. An attached or detached garage or carport with capacity for the minimum required parking required by SDC Table 3.3.300.A shall be required for all new single-family homes and duplexes.

Detailing and Design Variety. All buildings shall provide detailed design on all street-facing walls (i.e., those oriented 45 degrees or less from street lot line). Detailed design shall be provided by using at least five of the architectural features in subsections (C)(5)(a) through (u) of this section as is appropriate for the proposed building type and style. The applicant may select the desired elements. It is not within the approval body’s authority to prescribe specific elements except when the project is being reviewed as part of a planned development or conditional use request, or it is subject to the design performance option under subsection (C)(5)(v) of this section, only in these cases may the approval body require specific design elements or features, consistent with the purpose in subsection (A) of this section.

Floor Area. Accessory dwellings shall not exceed 800 square feet of floor area, or 60 percent of the primary unit, whichever is less;

Exempt from Density. Accessory dwellings are exempt from the housing density standards of the residential districts;

Structure Types. The structure complies with the applicable state building code, or is a manufactured home meeting the standards of subsections (H)(2), (3), (5), (6), (7) and (8) of this section;

One Unit. A maximum of one accessory dwelling unit is allowed per detached single-family house, attached house or manufactured home outside of a manufactured home park. A lot may be developed as either a primary dwelling and an accessory dwelling unit, or as a duplex, so long as the total number of dwelling units does not exceed two;

Development Standards. The dwelling shall conform to the lot standards in Tables 2.2.120.A and 2.2.120.B.

Design Standards. The dwelling shall conform to the architectural design standards of SDC § 2.2.190.

Alley Access Required for Subdivisions Containing Townhomes or Duplexes. Subdivisions, or blocks within subdivisions, containing more than six consecutively attached single-family dwellings, or four or more attached duplexes (eight-plus dwelling units), shall provide vehicle access to all such lots and units from an alley or parking court, as described in SDC § 3.1.200. Alley(s) and parking court(s) shall be created at the time of subdivision approval, and may be contained in private tracts or, if approved by the city, in public right-of-way, in accordance with SDC § 3.4.100, Transportation standards, and Chapter 4.3 SDC, Land Divisions and Property Line Adjustments.

Common Areas. Any common areas (e.g., landscaping, private tracts, common driveways, private alleys, building exteriors, and/or similar common areas) shall be owned and maintained by a homeowners’ association or other legal entity. A copy of any applicable covenants, restrictions and conditions shall be recorded and provided to the city prior to building permit approval.

Accessory Use. The use must be accessory to a household already occupying the structure as a residence.

Maximum Size. In the R-1 and R-5 zones, four bedrooms for guests, and a maximum of eight guests are permitted per night; in the RM-10, RM-20 and DCF zones, 12 bedrooms are allowed for guests, with a maximum of 24 guests per night.

Length of Stay. Maximum length of stay is 28 days per guest; anything longer is classified as a hotel or commercial lodging. The bed and breakfast shall maintain a guest registry.

Employees. Up to two nonresident employees. There is no limit on resident employees.

Food Service. May be provided only to overnight guests of the business.

Owner-Occupied. Shall be owner-occupied.

Signs. Signs shall require a sign permit approved by the city of Silverton, and not exceed a total of four square feet of surface area on all sides.

Other Permit or Licensing Requirements. The owner of a bed and breakfast use shall be responsible for obtaining and complying with all other applicable permit and/or licensing requirements.

Vehicular Access. The furthermost distance from all dwellings to the closest abutting public street shall be no more than 150 feet, or an approved fire apparatus lane may be required to serve the development.

Central Green. The dwellings shall abut a central open space or green of not less than 400 square feet per dwelling (1,600 square feet for four dwellings). The green shall provide benches and other amenities for residents and have a minimum width of 20 feet, except where additional building separation is required under applicable building codes. A homeowners’ or condominium association shall be responsible for ongoing maintenance of the green and enforcement of any shared parking.

Parking. Two parking spaces are required for each dwelling, plus one space for each four units. The parking spaces for all dwellings shall be oriented away from the green. Parking may be provided in parking bays, garages or carports, attached or detached from the cottages. When provided in a parking lot, parking spaces shall be screened from abutting properties and walkways shall be provided, as specified under SDC § 3.2.300.

Design Review. Design review shall be required for new cottage developments, including conversion of existing single-family homes to cottage developments, to ensure conformance with parking, landscaping, architectural review, and other code requirements.

Licensing. All residential care homes, facilities, and institutions shall be duly licensed by the state of Oregon.

Parking. Parking in accordance with Chapter 3.3 SDC.

Design Review. Design review shall be required for new structures to be used as residential care facilities or institutions, to ensure compliance with the licensing, parking, and other requirements of this code.

Home occupations meeting the standards in subsection (G)(2) of this section are allowed outright, provided the owner has obtained and is in compliance with all applicable permit and licensing requirements, and all other uses and structures on the subject property are in conformance with all applicable city codes and requirements.

Standards for Home Occupations.

Prohibited Home Occupation Uses.

Enforcement.

Floor Plan. The manufactured home shall be multi-sectional and have an enclosed floor area of not less than 1,000 square feet;

Roof. The manufactured home shall have a pitched roof with a slope not less than three feet in height for each 12 feet in width (14 degrees);

Residential Building Materials. The manufactured home shall have exterior siding and roofing which in color, material and appearance are similar or superior to the exterior siding and roof material used on nearby residences (e.g., horizontal wood or wood-appearance siding is considered “superior” to metal siding and roofing);

Garages and Carports. A garage or carport shall be provided and be constructed of materials like those used on the house;

Thermal Envelope. The manufactured home shall be certified by the manufacturer to meet the thermal envelope requirements equivalent to those for a single-family dwelling constructed under the State Building Code. Evidence demon-strating that the manufactured home meets current energy efficiency standards is deemed to satisfy the exterior thermal envelope certification requirement. Additional manufacturer certification shall not be required;

Placement. The manufactured home shall be placed on an excavated and backfilled foundation and enclosed at the perimeter such that the manufactured home is located not more than 16 inches above grade, unless greater height is required as a result of the floodplain overlay provisions (Chapter 2.5 SDC) and complies with the minimum set-up standards of the adopted state Administrative Rules for Manufactured Dwellings, OAR Chapter 918. Where the building site has a sloped grade, no more than 16 inches of the enclosing material shall be exposed on the uphill side of the home;

Foundation Skirt. The foundation area of the manufactured home shall be fully skirted with a decay-resistant material;

Prohibited. The manufactured home shall not be located in a designated historic district;

Design Standards. The manufactured home shall conform to the architectural design standards of SDC § 2.2.190.

Permitted Uses. Single-family residences, manufactured home park manager’s office, home occupations, and accessory structures that are necessary for the operation and maintenance of the manufactured dwelling park (e.g., landscape maintenance).

Space. The minimum size pad or space for each dwelling is 2,500 square feet; provided, that the overall density of the park does not exceed 12 units per acre. Each space shall be at least 30 feet wide and 40 feet long, in accordance with ORS 446.100(c).

Setbacks and Dwelling Separation. The minimum setback between park structures and abutting properties is five feet. The minimum setback between park structures and public street right-of-way is 15 feet. At least a 10-foot separation shall be provided between all dwellings. Dwellings shall be placed a minimum of 14 feet apart where flammable or combustible fuel is stored between units. Park structures shall be placed no closer than five feet to a park street or sidewalk/pathway. An accessory structure shall not be located closer than six feet to any other structure or dwelling, except that a double carport or garage may be built which serves two dwellings. When a double carport/garage is built, the carport/garage shall be separated from all adjacent structures by at least three feet.

Perimeter Landscaping. When manufactured dwellings are oriented with their back or side yards facing a public right-of-way, the city may require installation of fencing and planting of a landscape buffer between the right-of-way and a manufactured home park for the privacy and security of residents or aesthetics of the streetscape.

Dwelling Design (For Parks Smaller Than Three Acres). Manufactured dwellings in parks smaller than three acres shall meet the following design standards, consistent with ORS 197.314(6):

Building Design and Separation. The architectural design standards under SDC § 2.2.190 apply. In addition, when more than one multifamily building is built on a site, the buildings shall be separated from one another by a landscaped courtyard that is not less than 20 feet wide, unless the buildings are arranged end to end; in such case building separation may be reduced to 10 feet, provided no doorway or entry opens into the space between the buildings and applicable building codes are met.

Common Usable Open Space. Multiple-family developments shall incorporate not less than 15 percent common usable open space. Common usable open space shall be provided in accordance with all of the following criteria:

Private Open Space. Private open spaces shall be required for all ground-floor dwellings, and not less than 50 percent of all upper-story dwellings. “Private open space” shall be a patio, deck or other improved surface of not less than 48 square feet.

Trash Receptacles. Adequate solid waste storage and recycling facilities shall be provided. Trash receptacles shall be oriented away from building entrances, set back at least 10 feet from any public right-of-way and adjacent residences and shall be screened with an evergreen hedge or solid fence or wall of not less than six feet in height. Receptacles must be accessible to trash pick-up trucks.

Accessory Use. The use must be accessory to an allowed use within a residential district.

Maximum Height. Renewable energy facilities structures built according to the International Building Code shall be limited to a total height of 55 feet when approved by the planning commission and fire department.

Setbacks. Facilities which exceed 35 feet in height shall be set back a distance at least equal to the facility’s total height from all property lines.

Performance Standards. Renewable energy facilities shall not exceed the performance standards stated by SDC § 2.4.170(C).

Landscaping. Screening and buffering for the facility shall follow the standards of SDC § 3.2.300. When renewable energy facilities are allowed, the subject site shall be considered to be located within the IP district when applying the standards of the Screening and Buffering Matrix.

Exempt from Conditional Use Process. Installation and use of solar photovoltaic energy systems or solar thermal energy systems are exempt from the conditional use process and shall be processed as a Type I procedure if installation can be accomplished:

Other Permit or Licensing Requirements. The owner of the facility shall be responsible for obtaining and complying with all other applicable permit and/or licensing requirements.

Floor Area. Accessory structures with a building footprint greater than 200 square feet and no more than 800 square feet are permitted under the Type I approval process. Accessory structures with a building footprint greater than 800 square feet may be permitted under the conditional use approval process.

Oregon Structural Specialty Code. The accessory structure shall comply with the Oregon Structural Specialty Code.

Development Standards. The structure shall conform to the lot standards in Table 2.2.120, except as modified below:

A lot shall be limited to the keeping of three or fewer chickens. Roosters are not permitted.

The chickens shall be housed in an enclosure behind the front facade of a house and a minimum of 10 feet from property lines and 20 feet from dwellings on adjacent properties.

The chickens shall be kept in a state that does not constitute a public nuisance, which includes, but is not limited to, chickens roaming at large, chickens kept in an unclean and unsanitary condition, and obnoxious smells and substances. If the community development director or designee determines a nuisance exists, the city shall follow the applicable regulations to abate the nuisance.

Transitional shelter communities are allowed on land that is currently in use as a religious institution or place of worship per SDC § 1.6.490.

Shelter Unit Type. Shelter units shall be stick-built structures or prefabricated structures but may not have fabric walls or roofs (e.g., tents, yurts, and membrane structures). Shelter units may not be vehicles, residential trailers, or manufactured dwellings. Each shelter unit shall be detached from any other shelter unit. Design of the units shall be compatible with the surrounding area.

Maximum Building Floor Space. The maximum building floor space for each shelter unit is 200 square feet.

Maximum Number of Units. The maximum number of units per parcel is one for every 10,000 square feet of area of the site the units are to be located on, rounded to the nearest whole number, or four units, whichever is less.

Maximum Number of Sites. Only two sites in the city are allowed to be operated as a transitional shelter community at any one time.

Length of stay is limited to 18 months for each participant.

Bathrooms and Kitchens. Bathrooms and kitchens are prohibited in the shelter units. Instead, common permanent bathroom facilities available all hours of all days shall be provided for the residents and kitchen facilities may be provided to residents.

Utilities. Water service, sanitary sewer service, natural gas service, propane heaters, and generators are prohibited in the shelter units but are permitted in common facilities. Adequate trash and recycling service is to be provided in the vicinity of the use.

Storage. No outdoor storage is permitted, excluding bicycles. Residents shall be provided with enclosed, secure storage facilities for their belongings.

Fencing. The transitional shelter community shall be adequately fenced from abutting properties (does not include adjacent properties) with sight-obscuring fencing a minimum of six feet in height.

Minimum Rear and Side Yard Depth. The minimum rear and side yard depth is five feet, except that if the rear or side yard abuts a residential district, the minimum shall be 20 feet from the abutting lot line.

Minimum Structure Separation. Structures shall be separated from one another by a minimum of six feet.

Conditional Use. Transitional shelter communities shall be reviewed as a conditional use; however, no fee shall be charged for such review.

Periodic Review and Renewal. Transitional shelter communities shall require periodic review and renewal. The first periodic review and renewal shall be conducted six months from occupancy and shall follow the conditional use review procedure. If renewal is approved, periodic review and renewal shall be conducted annually from that point, following the conditional use review procedure.

Financial security (bonds, petitions, cash, etc.) to ensure the removal of the improvements should approval not be renewed shall be provided to the city prior to occupancy.

The person in charge (owner-occupant, tenant, lessee or person other than an owner who has possession and/or control of the property) shall provide local contact information, name and telephone number, to all property owners and residents within 500 feet of the site on an annual basis. The local contact person must be available to accept and immediately respond to telephone calls during business hours. Any change in local contact person must be reported to the city and property owners and residents within 500 feet of the site at least seven days prior to the date the change takes effect.

An operations, security, and case management plan for the transitional shelter community shall be submitted to the city at the time of application for review and approval.

Code of Conduct. The managing agency shall provide to all residents of the transitional shelter community a code of conduct for living at the transitional shelter community, including information regarding the noise disturbance standards of SMC § 8.04.055, the chronic nuisance property standards of Chapter 8.06 SMC, and the Periodic Review and Renewal timetable. A copy of the code of conduct shall be submitted to the city at the time of application for review and approval.

Priority should be given to individuals that have been living within or near Silverton for the past year.

Occupancy shall be limited to one person per shelter unit.

Facilities are only allowed to be installed on existing residential dwellings or nonresidential primary structures.

Antenna size for each site is limited to 12 square feet cumulatively with no individual antenna larger than five square feet.

Antenna size on a site located on a nonresidential primary structure may be allowed up to 75 square feet in area provided the review body finds there will be no adverse impacts to the surrounding area.

Antenna shall be attached via a monopole, J-pole, or tripod to the structure or flush mounted to the structure. The monopole shall not exceed three inches in diameter, with up to three guy wires with no guy wire larger than one-quarter inch in diameter, if used. Lattice towers are not permitted.

Antenna and associated supports shall not exceed five feet in height or project more than two feet horizontally from the structure it is attached to, if flush mounted. Antenna may be up to 10 feet tall if located on a gable roof, provided the ridge line runs parallel with the street and the antenna is located on the roof section adjacent to the rear yard on an interior lot, with no part of the antenna extending five feet above the ridge line.

All support and ancillary equipment associated with the antenna larger than two cubic feet in volume with any individual dimension larger than 18 inches shall be placed underground or inside the existing structure the antenna is to be attached to. Ground cabinets are prohibited.

Brackets (mounting) and cabling shall be similar in color to the primary structure they are attached to.

Facilities may generate no more than 35 dBA within three feet of any residential dwelling or city park boundary, and no more than 40 dBA within 10 feet of any other property.

No logos or brand names shall be legible from the right-of-way.

Nano radio frequency transmission facilities are limited to devices, equipment, machinery, structures or supporting elements that produce nonionizing electromagnetic radiation within the range of frequencies from 100 KHz to 60 GHz operating as a discrete unit to produce a signal or message and which are not intended for 5G service. Antennas on residential structures are limited to 250 watts. Antennas on nonresidential primary structures are limited to 500 watts.

Facilities shall be located on the property only when the property owner has a current agreement with the provider. The facilities shall be removed by the provider when the property owner no longer has an agreement with the provider.

Facilities that do not meet the above standards may be reviewed through the conditional use process of Chapter 4.4 SDC.

Maintain and enhance Silverton’s small-town character and historic resources;

Promote efficient use of land and urban services;

Create a mixture of land uses that encourages employment and housing options in close proximity to one another;

Provide formal and informal community gathering places and opportunities for socialization (i.e., along an active street front);

Encourage pedestrian-oriented development in all commercial areas;

Provide connections to and appropriate transitions between residential areas and commercial areas;

Apply land use and design standards to automobile-oriented and automobile-dependent uses that promote pedestrian safety, aesthetics, and economic development;

Provide for visitor accommodations and tourist amenities;

Reinforce downtown Silverton as the historic heart of the community.

Compliance with the setback and build-to line standards in SDC § 2.3.130, where applicable. The build-to line may be set back to provide additional space for pedestrian amenities between a building and its adjoining street. In the DC zone, the maximum setback is five feet.

Except as provided in subsections (C)(4) and (5) of this section, all buildings shall have at least one primary building entrance (i.e., a dwelling entrance, tenant entrance, lobby entrance, or breezeway/courtyard entrance) facing an adjoining street (i.e., within 45 degrees of the street property line), or if the building entrance is turned more than 45 degrees from the street (i.e., front door is on a side elevation), the primary entrance shall not be more than 60 feet in the GC district, except to provide pedestrian amenities; a walkway shall connect the primary entrance to the sidewalk. In the DCF zones, all buildings with street frontage must have at least one primary building entrance facing an adjoining street. Additionally, street-facing facades of buildings shall provide an entrance at least every 45 feet along the street.

In the DC and DCF district, off-street parking, driveways, and other vehicle areas shall not be placed between buildings and the street(s) to which they are oriented. Off-street parking shall be oriented internally to the site, with parking bays separated by landscaping, as generally shown in Figure 2.3.150.C(2). Bays shall contain no more than 10 parking spots each, as an average over all contiguous parking bays on the same parcel.

In the GC district, the building orientation standard may be met with vehicle areas allowed between the street right-of-way and a building’s primary entrance when the approval body finds that all of the following criteria are met:

Where a development contains multiple buildings and there is insufficient street frontage to which buildings can be oriented, a primary entrance may be oriented to a plaza or courtyard. When oriented in this way, the primary entrance(s) plaza or courtyard shall be connected to the street by a pedestrian walkway meeting the standards in SDC § 3.1.300.

The site shall be configured into blocks having frontage onto streets, interior parking courts (as generally shown in Figure 2.3.150.C(2)), or shopping streets (as generally shown in Figure 2.3.150.C(3)). All parking courts and shopping streets shall contain on-street parking bays (parallel or angled parking), street- or plaza-facing building entrances and sidewalks with street trees, pedestrian lighting and furnishings (benches and trash receptacles) where appropriate;

In the GC district, blocks shall not exceed 400 feet in length, and shall have a perimeter not exceeding 1,400 feet. Pedestrian walkways inside buildings are not counted as block edges. In the DC and DCF districts, blocks shall not generally exceed 250 feet in length and 160 feet in width, in keeping with the historic block pattern in the downtown;

Pedestrian pathways shall connect the street right-of-way to building entrances and the interior parking courts between buildings to ensure reasonably safe, direct, and convenient access to building entrances and off-street parking.

Improve safety for all modes of transportation;

Better integrate land use and transportation planning;

Protect and enhance aesthetic values;

Promote human-scale development that is compatible with Silverton’s small-town character.

Corner Property (Performance Standard No. 1). On corner properties buildings shall be oriented to the corner, with vehicle access provided from a side street. Primary building entrances shall be located within 20 feet of a street and the building shall meet transparency and weather protection standards along all street-facing elevations. If the primary building entrance is more than 20 feet from the sidewalk, then a 10-foot landscape buffer or civic space is required between the building and sidewalk.

Front Entrance at Street (Performance Standard No. 2). On noncorner parcels, the building shall be oriented to the street and have a primary entrance placed at street edge or within 20 feet of edge; this distance may be increased only where a civic space abuts the sidewalk and primary building entrance and no parking is allowed between the building and highway. The building shall meet weather protection and transparency standards along all street-facing elevations.

Building at Street with Side Entrance (Performance Standard No. 3). Where the community development director determines that a building may have its primary entrance placed on a side elevation not facing a street, a primary building entrance shall be placed within 40 feet of a street right-of-way and a pedestrian pathway shall connect the entrance directly to the right-of-way. There shall be no parking located between the building and the subject street. The building shall meet weather protection and transparency standards on all street-facing elevations.

Building Setback with Side Entrance (Performance Standard No. 4). Where the community development director determines that a building may be oriented to an internal parking area and it may have its primary entrance placed on a side elevation, the following standards shall apply: All street-facing elevations and elevations on which a primary building entrance is placed shall meet the transparency and weather protection requirements of this chapter. There shall be no parking placed between the building and subject street; buildings with primary entrances more than 40 feet from the highway edge need not meet weather protection and transparency standards along the street frontage; provided, that a landscape buffer of 20 to 30 feet in width shall be required. Plantings shall create horizontal and vertical screening of any large wall not meeting the transparency standard of this chapter in the GC and DCF only.

Parking in Front (Performance Standard No. 5). Where the community development director finds that multiple buildings and/or building pads should be set back from the street behind surface parking and oriented to internal driveways instead of streets, such driveways shall be designed as “shopping streets.” Shopping streets shall contain, at a minimum, on-street parking, sidewalks/walkways with raised curbs, street trees and pedestrian lighting, as generally shown below. Such buildings may have their primary entrance(s) placed along the shopping street instead of a public street; in such cases, primary building entrances shall be within 10 feet of a walkway (eight-foot minimum width), except where a civic space (e.g., plaza or outdoor seating area) is provided the setback may be increased accordingly. Surface parking shall be set back and screened from the street behind a 20-foot minimum landscape buffer. Buildings shall meet the weather protection and transparency standards of this chapter along all shopping streets.

Parking in Front without Shopping Street (Performance Standard No. 6). Where the community development director finds that it is necessary to place surface parking between a building’s primary entrance and the street, and it is not possible to develop an internal shopping street as described above, e.g., due to the small size of a property, its configuration, or other physical site constraints, then the following standards shall apply: All surface parking and internal drives shall be set back at least 20 feet from the street behind a landscape buffer; adequate vehicle queuing distances shall be provided between the street and all parking areas, subject to design review; a six-foot minimum width walkway shall connect the primary building entrance to a public sidewalk with four-foot minimum width planter strips placed between such walkways and abutting driveways; raised or textured paving with ADA wheelchair-accessible ramps shall be provided at all pedestrian crossings of vehicle areas; and provisions shall be made for potential future driveway extensions as adjacent properties develop or street connections can be made.

Property with Grade Change (Performance Standard No. 7). Where retaining walls are required adjacent to a public right-of-way, they shall incorporate rusticated concrete block, natural stone, or striated or battered concrete with a natural stone color. Applications for design review shall include proposed retaining wall detail drawings.

Access to the drive-up/drive-through facility shall be from an alley, interior access way, (e.g., parking area) driveway, and/or private or public street when the other alternatives are not practicable. When access is provided from a public or private street, the drive-up/drive-in/drive-through facility shall be located on the site such that vehicles waiting to access the drive-up/drive-in/drive-through facility are not blocking the free flow of travel on the street, nor is the street being used to accommodate vehicles waiting to use the facility.

None of the drive-up, drive-in or drive-through facilities (e.g., driveway queuing areas, windows, teller machines, service windows, kiosks, drop-boxes, or similar facilities) are located within 20 feet of a street and shall not be oriented to a street corner. (Walk-up-only teller machines and kiosks may be oriented to a street or placed adjacent to a street corner).

Drive-up/drive-in queuing areas shall be designed so that vehicles do not obstruct a driveway, fire access lane, walkway, or public right-of-way.

The minimum spacing of drive-up, drive-in, and drive-through facilities receiving access onto the same street is 400 linear feet along that street’s block face (same side of street).

For restaurants, at least one designated parking space immediately beyond the service window, or other satisfactory methods, to allow customers requiring excessive waiting time to receive their food while parked.

Commercial establishments providing drive-up window facilities that do not provide for walk-in customer service (i.e., not allowing transactions within the structure) shall provide for safe, convenient and readily accessible exterior walk-up window service. At least two parking spaces shall be provided allowing convenient access to the walk-up service window.

The design of vehicle stacking areas shall allow customers’ vehicles to leave the stacking line for emergency reasons.

On-site parking for walk-in customers shall be designed to be readily accessible to all public entrances to the building and to provide safe, convenient access.

Establishments having drive-up window facilities shall have sufficient stacking area to ensure that public rights-of-way and driveways are not obstructed, as determined by the director of public works.

The communication sound system shall not exceed a measurement of 55 decibels at the adjoining property line.

“Mobile food vendor,” for the purposes of this section, means any kiosk, shed, shelter, trailer, vehicle, wagon, or other similar device which is used for the purpose of preparing, processing, or converting food for immediate consumption as a drive-in, drive-through, curb, or walk-up service that remains in or on any one site or tax lot.

The use shall be limited to the preparation and/or sale of food and beverages.

The use shall not be conducted within public rights-of-way unless a special permit is issued by the city for this purpose.

The use shall be conducted on private property only with the written consent of the property owner.

Business operations shall be conducted between the hours of 7:00 a.m. and 10:00 p.m.

The use shall conform to all setback standards, vision clearance requirements and other standards of the district in which it is located.

The use shall not block driveways, entrances or parking aisles, or be placed in a landscaped planter required by this code.

Signs associated with the use shall be limited to six square feet total surface area of all sign faces including menu boards.

A trash receptacle shall be located within 10 feet of the use, which shall be maintained by the owner or operator of the mobile food vendor.

The combined floor area of the use, including all enclosed structures and decks, shall not exceed 128 square feet.

The operator of the use shall possess valid county certification of compliance with health and sanitation standards as applicable.

A city transient merchant permit is required pursuant to Chapter 5.40 SMC.

Submit a written request to the community development department identifying the area involved, a site plan of the area, a description of the operating characteristics of the proposed use or other pertinent information.

Accompanying the written request shall be a completed city of Silverton application to occupy the right-of-way and the associated review fee.

The community development director within 45 days of receipt will review the application and make a final decision.

In some cases the request may be forwarded to the city council for final approval.

Approval may be given provided the community development director or city council determine there will be no negative impact to the public, the right-of-way or nearby businesses or property owners.

Compliance with other applicable provisions of the city’s municipal code, including permits for using the public right-of-way where sidewalk cafes are allowed.

Design review approval where the outdoor eating area includes seating for more than eight patrons.

Where adjacent or abutting a residential use and/or zoning district, the outdoor eating area shall only be allowed between the hours of 8:00 a.m. and 10:00 p.m.

The outdoor eating area shall contain a trash receptacle within 10 feet of the use, which shall be maintained by the owner or operator of the restaurant.

At least four feet of open passageway is maintained on the sidewalk.

Primary or Accessory Use. The use may be primary or accessory to an allowed use within the general commercial district. Renewable energy facilities may only be accessory to an allowed use with the downtown commercial and downtown commercial fringe districts.

Maximum Height. Renewable energy facilities structures built according to the International Building Code shall be limited to a total height of 55 feet within the DC district, 65 feet within the GC district, and 55 feet within the DCF district when approved by the planning commission and fire department.

Setbacks. Facilities which exceed 35 feet in height within the DCF district shall be set back a distance at least equal to the facility’s total height from all property lines. Facilities within the DC and GC districts shall meet the standard setbacks of those districts.

Performance Standards. Renewable energy facilities shall not exceed the performance standards stated by SDC § 2.4.170(C).

Landscaping. Screening and buffering for the facilities within DC and GC districts shall follow the standards of SDC § 3.2.300. When renewable energy facilities are allowed within the DCF district, the subject site shall be considered to be located within the IP district when applying the standards of the Screening and Buffering Matrix.

Other Permit or Licensing Requirements. The owner of the facility shall be responsible for obtaining and complying with all other applicable permit and/or licensing requirements.

New developments and major remodels in the GC zone may use the elements listed below to fulfill this standard:

New developments and major remodels in the DC zone may use the following amenities and streetscape elements identified in the downtown master plan to fulfill this standard, including:

Encourage architecture that is consistent with the character of Silverton.

Ensure that new development creates a close, intimate human scale and architectural designs address all four sides of a building.

Encourage the use of contextually appropriate materials, textures and colors.

Promote pedestrian-oriented uses by orienting buildings and their entrances to the street or to civic spaces abutting the street.

Create vibrant civic spaces (e.g., plazas, public art, cafe seating areas, etc.) oriented to take advantage of southern exposures; civic spaces should help identify the village, create intrigue, and offer weather protection and comfort to pedestrians while adding value to adjoining properties.

Break down large building masses and provide visual interest along the street.

Balance rhythm and continuity – encourage creativity in the design of building elevations, rooflines and facade elements.

Treat corner lots as focal points with vertical elements, public art, seating, and other design features.

Provide weather protection where commercial and mixed-use buildings abut the street.

The building orientation standards under SDC § 2.3.150 are met;

Primary building entrances shall open directly to the outside and, if not abutting a street, shall have walkways connecting them to the street sidewalk; every building shall have at least one primary entrance that does not require passage through a parking lot or garage to gain access;

Corner buildings (i.e., buildings within 20 feet of a corner as defined by the intersecting curbs) shall have corner entrances, or shall provide at least one entrance within 20 feet of the street corner or corner plaza;

At least 50 percent of a building’s street-facing elevation(s) shall be located at the build-to line or closer to the street; build-to lines are pre-scribed by SDC § 2.3.120;

Ground floor windows or window displays shall be provided along at least 50 percent of the building’s (ground floor) street-facing elevation(s). Design elements such as large, regularly spaced and similarly shaped windows with window trim, and with transom or clerestory windows above building entrances, are counted; windows and display boxes shall be integral to the building design and not mounted to an exterior wall;

Windows shall cover no more than 90 percent of the ground floor facade length, and shall not begin less than 18 inches or more than 30 inches above the walkway (except transom windows). Second and third story windows shall match the vertical and horizontal character of ground level windows;

Street-facing elevations shall be designed with weather protection, such as awnings, canopies, overhangs, or similar features. Such weather protection shall project a minimum of four feet and a maximum of eight feet over sidewalks or other pedestrian space.

Drive-up and drive-through facilities, when allowed, shall conform to SDC § 2.3.160.

There is continuity or effective transitions in building sizes between new and existing buildings;

A standardized prototype or franchise design and color scheme shall be modified if necessary to meet the provisions of this section;

The ground floor and upper floor elevations and architectural detailing are compatible with adjacent commercial buildings;

Roof Pitch, Materials and Parapets.

There is continuity in the rhythm of windows and doors on the proposed building(s);

The relationship of buildings to public spaces, such as streets, plazas, other areas, and public parking, including on-street parking, is strengthened by the proposed building(s);

Materials, Color and Design.

Regularly spaced and similarly shaped windows are provided on all building stories;

Ground floor retail spaces have tall ceilings (i.e., 12 to 16 feet) with display windows on the ground floor;

Display windows are trimmed, recessed, or otherwise defined by wainscoting, sills, water tables, or similar architectural features;

On multi-story buildings, ground floors are defined and separated from upper stories by appropriate architectural features (e.g., cornices, trim, awnings, canopies, arbors, trellises, overhangs, or other features) that visually identify the transition from ground floor to upper story; such features should be compatible with the surrounding architecture;

The tops of flat roofs are treated with appropriate detailing (i.e., cornice, pediment, flashing, trim, or other detailing) that is compatible with the surrounding architecture;

Pitched roofs have eaves, brackets, gables with decorative vents, or other detailing that is consistent with the surrounding architecture;

Historic design and compatibility requirements under Chapter 3.5 SDC, where applicable, are met; and

Where buildings with greater than 10,000 square feet of enclosed ground-floor space are proposed, they shall provide articulated facades on all street-facing elevations. This criterion is met when there is a major break in the building plane not less than once for every 30 feet of a building’s horizontal length. Breaks in the building plane include windows, primary entrances, weather protection (awnings, canopies, arbors, arcades), offsets/projections/changes in elevation or horizontal direction, sheltering roofs, terraces, a distinct pattern of divisions in surface materials, ornamentation, screening trees, small-scale lighting (e.g., wall-mounted lighting or up-lighting), and/or similar features as generally shown in Figure 2.3.180.E. See also subsection (C) of this section.

Utility equipment within landscaped areas or attached to structures shall be screened from view from public rights-of-way.

Encourage architecture that is consistent with the historic character of downtown Silverton.

Ensure that new development creates a close, intimate human scale and architectural designs address all four sides of a building.

Encourage the use of contextually appropriate materials, textures and colors.

Promote public access by orienting buildings and their entrances to the street or to civic spaces abutting the street.

Wolfe Building: 201 E Main St.;

Silver Falls Bank: 217 E Main St.;

Larsen and Flynn Building: 100 S Water St.;

Silver Grill: 206 E Main St.;

Hartman Building: 210 S Water St.;

Silverton Masonic Building: 101 – 110 S Water St.

Building fronts and entrances shall be oriented toward the street.

Building facades shall be set at the property edge along the sidewalk. A setback of up to five feet is permitted when occupied by pedestrian amenities (e.g., plaza, outdoor seating).

Buildings shall promote public viewing of the creek by the construction of decks or balconies adjacent to Silver Creek. This shall include a continuation of a deck or walk within a public access easement. The deck/creek walk shall be a minimum of five feet in width.

The overall size and proportion of new structures shall be compatible with the scale of buildings constructed during the historic period (1890s through 1940s). This standard may be met by either designing the building’s size and proportions to be similar to comparable historic structures in the downtown, or by the design of the facade so that it breaks a larger mass into smaller proportions that are similar to comparable historic structures.

The relationship between the height and width of the main facade of the building shall be visibly compatible with adjoining or nearby buildings of the historic period or style. As with subsection (F)(1) of this section, this standard may be met through either similar height and width, or, through design elements that provide visual continuity with the height and width of adjoining or nearby buildings of the historic period.

The facade height of all buildings shall be two to four stories and not more than 55 feet in maximum height.

All new buildings shall maximize lot frontage as much as is practicable.

New buildings whose street frontage is more than 45 feet wide shall be designed to convey a sense of division through the use of pilasters, windows and door openings, recessed entries, off-sets or other architectural details.

Primary entrances shall be oriented to the street. Corner buildings shall have corner entrances, or shall provide at least one entrance within 20 feet of the street corner or corner plaza.

The upper windows of multi-story buildings shall use multi-pane double-hung sash windows or the equivalent style.

The relationship between solid walls and window and door openings on the main facade shall be visually compatible with adjoining or nearby structures from the historic period or style.

The relationship of width and height of window and door openings shall be visually compatible with adjoining or nearby buildings from the historic period or style.

Blank walls, walls without window or door openings, are not permitted along public streets.

Windows and doorways shall not be covered over with paper, boards, or cardboard except during times of construction or remodeling and shall be limited to a period of 120 days unless an extension is otherwise granted by the city manager.

Doors shall match the materials, design, and character of the display window framing.

Architectural features such as awnings, windows, cornices, etc., shall be provided at the second floor to differentiate the storefront from the upper levels of the building, to add visual interest, and to allow the storefront to function as the base for the rest of the building.

Utility equipment within landscaped areas or attached to structures shall be screened from view from public rights-of-way.

The materials and texture of the facade shall be compatible with those on buildings constructed during the historic period.

Permitted exterior facade materials include: brick, cast iron, relatively narrow horizontal wood siding, and stucco. Plywood siding, T-111, and vertical board and batten are prohibited.

Exposed concrete block facades facing the street are not allowed. Split-face or scored-face block may be used in small quantities for foundations or other nondominant features.

All main facade materials shall be painted (except brick, for which painting is optional).

Metal siding shall not be used as a building material on the facade facing a street.

Main facade roofs (lower than a 6:12 pitch) shall be concealed behind a square or stepped parapet.

All HVAC systems located on top of a roof shall be located and/or screened so that they are not visible from the street. Dish-style antennas shall be located and/or screened so that they are not visible from the street. All screening material shall be natural and shall be compatible with the facade of the front of the building.

New roofs on existing buildings, or on additions to existing buildings, shall match the pitch and form of the original roof.

Shed roofs are permitted on one-story rear additions.

Back-lit or internally illuminated roofs are prohibited.

Awnings shall extend out from the building front to cover at least two-thirds of the sidewalk unless it is shown that such a distance will interfere with existing trees, poles, etc., to provide pedestrian protection from the elements.

Awnings shall be flat or sloping. Awnings shall be made of metal, wood, canvas or similar materials. Rounded bubble or plastic awnings are prohibited. Fully glazed awnings are not permitted.

Awnings shall fit within the window bays (either above the main glass or the transom light) so as not to obscure or distract from significant architectural features.

The color of the awning shall be compatible with its attached building.

Awnings shall not be internally illuminated. However, lighting which is intended to provide illumination to the sidewalk and signage is permitted.

Awnings shall be a minimum of eight feet above the sidewalk.

The painting of brick walls is permitted.

Subtle or subdued tones commonly used during the historic period shall be used. Bright or neon colors are prohibited.

Different colors shall be used to accentuate and highlight trim, windows, and other building features.

Murals are allowed on the side walls of buildings facing the interior of blocks and blank side walls of nonhistoric buildings.

Murals are not permitted on the main facades of either modern or historic buildings.

Existing murals shall not be altered without a conditional use.

Landscaping shall not obliterate street and sidewalk views of signage or architectural features on historic buildings.

The area of downtown bounded north and south between High Street and Lewis Street and bounded east and west by Water Street and First Street shall provide alternative landscape features in lieu of street trees to include one of the following for every 30 feet of frontage: plazas, planter boxes, hanging baskets, decorative sidewalk treatments or benches.

For those areas not included in subsection (O)(2) of this section there shall be one street tree for every 30 to 50 feet of frontage, depending on the crown width of the tree, chosen from the street tree list, permitted on that portion of the development paralleling the street, unless it is determined that street trees will interfere with ingress/egress, utility lines or other factors would prevent a tree from growing to healthy maturity. Tree species and size are to be consistent with the approved city of Silverton street tree list.

Container plants shall be provided if the property cannot provide any other form of landscaping. Otherwise, low-water deciduous trees, shrubs, and flowering plants shall be used.

Creek protection to maintain water quality and wild animal habitat shall be incorporated in the overall design of a project.

Native riparian plant materials shall be planted adjacent to the creek to enhance creek habitat, consistent with state and federal guidelines.

Parking areas shall not be located between the front of the building and the street.

Parking areas with more than 10 spaces shall be divided by landscaped areas or walkways, or by a building or group of buildings.

Parking lot landscaping shall consist of a minimum of 10 percent of the total parking area. The landscaping in parking areas is in addition to that required to meet other standards or percentages of required landscaping. A minimum of one tree for every 10 parking spaces shall be provided.

“Knee walls” are required to screen street side parking lots. “Knee walls” shall not exceed three feet in height and shall be constructed with masonry. A combination of walls and landscaping may be approved if they provide an effective buffer and low-level screen of the parking area.

Parking lot orientation shall comply with requirements within SDC § 2.3.150.

Development which includes second and third-story residences is compatible with historic design and use patterns and shall be allowed when other standards are met.

Encourage architecture that is consistent with the historic residential character of downtown Silverton.

Ensure that new development creates a close, intimate human scale and architectural designs address all four sides of a building.

Encourage the use of contextually appropriate materials, textures and colors.

Promote pedestrian-oriented uses by orienting buildings and their entrances to the street or to civic spaces abutting the street.

Balance rhythm and continuity – encourage creativity in the design of building elevations, rooflines and facade elements.

Water Street Inn: 421 N Water St.;

Heron Graphics: 417 N Water St.;

Medical Data Solutions: 411 N Water St.;

Patrick Doyle House: 429 N Water St.;

Adams House: 729 S Water St.

The primary building facade shall face the street.

Buildings shall promote public viewing of the creek by the construction of decks or balconies adjacent to Silver Creek. This shall include a continuation of the five-foot-wide creek walk or trail with a public easement.

The setbacks in the DCF zone are five to 20 feet.

All sign locations shall be identified and shown on the plan submitted for review. Proposed sign locations and dimensions of signs shall comply with the Silverton sign code, Chapter 15.16 SMC.

Landscaping (trees, shrubs, planters, etc.) shall not obliterate street and sidewalk views of signage or architectural features on historic buildings.

Landscaping shall be continuously maintained by the property owner.

Existing healthy trees on the site shall be preserved.

One street tree shall be provided for every 30 to 50 feet of frontage, depending on the crown width of the tree, chosen from the street tree list, which shall be placed on that portion of the development paralleling the street. Where the size of the project dictates an interior street layout, a similar streetscape with street trees is required. Tree species and size are to be consistent with the approved city of Silverton street tree list.

Low-water-use trees, shrubs, and flowering plants shall be used or an irrigation system shall be installed.

Buildings shall be constructed to a maximum height of 35 feet. Roof style shall be architecturally compatible with the surrounding developments.

All new building widths shall be consistent with adjacent properties.

Backlit or illuminated roofs are prohibited.

All HVAC systems located on top of a roof shall be located and/or screened so that they are not visible from the street. Dish style antennas shall be located and/or screened so that they are not visible from the street. All screening material shall be compatible with the facade of the front of the building.

Roof lines should be visually compatible with the existing historic buildings in the same district. Peaked and pitched roofs are preferred in the DCF district. Refer to subsection (D) of this section for examples of residential historic buildings in the DCF.

Generally, the material and texture of the facade shall be compatible with those on buildings constructed during the designated historic period.

Permitted exterior facade materials include: relatively narrow horizontal wood siding, wood shingles, stucco facing and durable materials such as brick, stone and concrete.

Exposed concrete block and plywood material are not allowed. Split-face or textured concrete may be used on the facade facing a street.

All main facade materials shall be painted, except for durable materials such as brick, stone or concrete block which shall be sealed or otherwise appropriately treated.

Metal shall not be used as a building material on the building facade facing any street. This requirement shall not include certain types of uses such as gas station canopies, historically sensitive awnings or ornamentation.

Utility equipment within landscaped areas or attached to structures shall be screened from view from public rights-of-way.

Bright primary colors shall be prohibited. Subtle or subdued tones shall be used.

Parking areas shall not be located between the front of the building and the street.

Parking lot landscaping shall consist of a minimum of 10 percent of the total parking area. The landscaping in parking areas is in addition to that required to meet other standards or percentages of required landscaping. A minimum of one tree for every 10 parking spaces shall be provided.

Parking lots shall comply with requirements within Chapter 3.3 SDC.

Properties which abut Silver Creek shall include creek protection to maintain water quality and wild animal habitat in the overall design of a project.

Properties which abut Silver Creek shall include native riparian plant materials landscaping to be planted adjacent to the creek to enhance creek habitat.

Landscaping shall be designed so that vegetation covers a minimum of 50 percent of the required landscaped area within one year of installation, and 90 percent coverage occurring within five years.

Landscaping design shall include a variety of deciduous and evergreen trees and shrubs and flowering plant species well adapted to the local climate.

During site preparation existing healthy trees shall be saved where practicable.

Landscaping shall consist of a minimum of 10 percent of the total site.

All landscaping shall be continuously maintained by the property owner. Failed plantings shall be replaced in the next appropriate planting season, but no later than within one year of the initial planting.