All areas within the urban growth boundary of the City of Sisters are divided into land use districts. The use of each lot, parcel and tract of land is limited to the uses permitted by the applicable land use district. The applicable land use district shall be determined based on the Land Use District Map, and the provisions of this Chapter.

A.    Consistency with Land Use District map. The boundaries of each of the land use districts contained within this Chapter shall coincide with the land use district boundaries identified on the City’s official Land Use Districts (zoning) map, retained by the City Recorder. The City’s official Land Use Districts map by this reference is made a part of this Development Code. A certified print of the adopted Land Use District map, and any map amendments, shall be maintained by the City.

B.    Applicability of zoning requirements. Each lot, tract and parcel of land or portion thereof within the land use district boundaries as designated and marked on the zoning map, is classified, zoned and limited to the uses as hereinafter specified and defined for the applicable district classification.

C.    Land use district map amendments. All amendments to the City’s official Land Use Districts (zoning) map shall be made in accordance with the provisions of Chapter 4.7.

1.    Copies of all map amendments shall be dated with the effective date of the ordinance adopting the map amendment, and shall be maintained without change, together with the adopting documents, on file at the City; and

2.    The City shall make available for public inspection an up-to-date copy of the revised land use district map, so that it accurately portrays changes of zone boundaries or classification, as applicable.

Where due to the scale, lack of scale, lack of detail or illegibility of the City zoning district map, or due to any other reason, there is uncertainty, contradiction or conflict as to the intended location of district boundary lines, the boundary lines shall be determined by the City Administrator in accordance with the following:

1.    Boundaries indicated as approximately following the centerlines of streets, highways, railroad tracks or alleys shall be constructed to follow such center lines;

2.    Boundaries indicated as approximately following the boundaries of a parcel, lot, or tract shall be construed as following such boundaries;

3.    Boundaries indicated as approximately following a City boundary, or the Urban Growth Boundary, shall be constructed as following said boundary;

4.    Boundaries indicated as approximately following river, stream and/or drainage channels or basins shall be constructed as following river, stream and/or drainage channels or basins, as applicable; and

5.    Whenever any public right-of-way is lawfully vacated, the lands formerly within the vacated right-of-way shall automatically be subject to the same land use district designation that is applicable to lands abutting the vacated area. In cases where the right-of-way formerly served as a land use district boundary, the lands formerly within the vacated right-of-way shall be allocated proportionately between the subject land use districts.

The Residential District is intended to promote the livability, stability and improvement of neighborhoods in the City of Sisters. This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles:

A.    Permitted uses. Uses permitted in the Residential District are listed in Table 2.2.1 with a “P.” These uses are allowed if they comply with the development standards and other regulations of this Code.

B.    Special Provisions. Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 2.2.1 with an “SP.” Uses subject to an SP shall comply with the applicable special use standards included in Chapter 2.15.

C.    Conditional uses. Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 2.2.1 with either a Minor Conditional Use “MCU” or a Conditional Use “CU.” These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 4.4 of this Code.

D.    Similar uses. Similar use determinations shall be made in conformance with the procedures in Chapter 4.8 – Interpretations.

    Key: P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

[Ord. 526 § 3 (Exh. B), 2022; Ord. 497 § 2 (Exh. B), 2019; Ord. 489 § 2 (Exh. B), 2018].

The following property development standards shall apply to all land, buildings and uses in the Residential District:

A.    Lot Area, lot width, lot depth, setbacks, floor area ratio, lot coverage and building height. See Table 2.2.2.

B.    General Exceptions to Setbacks and Building Height

1.    Front and Rear Deck. An uncovered deck not exceeding 30 inches in height above grade may encroach into the front yard setback by no more than 6 feet and rear yard setback by no more than 8 feet, as long as it does not encroach into a public utility easement.

2.    Acceptable Encroachments into Setbacks.

a.    The following features are allowed to encroach into the required side setbacks by no more than two (2) feet: eaves, chimneys, overhangs, canopies, fire escapes, landing places, outside stairways, and similar architectural features.

b.    The following features are allowed to encroach into the required rear setbacks by no more than two (2) feet: bay windows, chimneys, overhangs, canopies, fire escapes, balconies, landing places, outside stairways and similar architectural features.

c.    The following feature is allowed to encroach into the front and rear setbacks no more than three (3) feet: eaves.

3.    General Exceptions to Building Height. Exceptions to the building height standard are available for certain types of affordable housing as set forth in Special Provisions. Chimneys, bell towers, steeples, roof equipment, flagpoles, and similar features that are not intended for human occupancy and which do not exceed 40 feet in height are not subject to building height limits.

C.    Walls and Fences. Walls and fences may be placed on property lines, subject to the standards in Chapter 3.2 SDC, Landscaping and Screening, and Chapter 3.7 SDC, Defensible Space Standards. Walls and fences within front yards shall also comply with the vision clearance standards in Special Provisions, Chapter 2.15 SDC.

D.    Special Yards. Distance between buildings on the same lot. To provide usable yard area and allow air circulation and light, the distance between buildings on the same lot shall be a minimum of six feet.

E.    Garage Requirements. In addition to Table 2.2.2, the following standards shall apply;

1.    Minimum one car garage shall be required per unit for single-family detached dwelling, manufactured dwelling on individual lot, zero lot line dwelling, townhome and duplex dwelling

2.    Garages and carports shall be accessed from alleys where available.

3.    Side loaded street accessed garages. The street facing elevation of the garage shall include windows and landscaping shall be provided between the dwelling unit and the driveway and between the street facing elevation of the garage and front property line. The throat of the driveway shall be a maximum of 12 feet in width.

F.    Residential Density Standards. The following residential density standards apply to all land divisions in the Residential District.

1.    The density range for the Residential District shall be 3 units per gross acre minimum and 8 units per gross acre maximum.

2.    Minimum and maximum residential densities are calculated by multiplying the gross acres by the applicable density standard. For example, if the parcel size is 5 acres, the minimum density is 15 units and the maximum density is 40 units. When calculating minimum and maximum densities, figures are rounded down to the closest whole number.

3.    The following types of housing are exempt from the density standards:

a.    Accessory dwelling units

b.    Bed and breakfast inns

G.    Design Standards

1.    Applicability. The design standards are applicable to the following types of uses and buildings in the Residential District:

a.    Single-Family Detached Dwelling Units

b.    Duplexes and triplex dwellings

c.    Attached dwelling (townhome)

d.    Public and institutional buildings

e.    Manufactured dwellings

f.    Buildings for shared residential amenities

2.    Base Standards. This section is intended to show examples of how to comply with the design standards. Other building styles and designs can be used to comply, so long as they are consistent with the text of the standard. An architectural feature may be used to comply with more than one standard.

a.    Building Orientation. All buildings shall have their primary entrance oriented to the street or a common area (private street, courtyard, or open space). If oriented to a common area, the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street.

b.    Eyes on the Street. All building elevations visible from a street right-of-way shall provide doors, porches, balconies, and/or windows. The standard applies to each full and partial building story.

c.    Detailed Design. All buildings included in the applicability section shall provide detailed design along all elevations (e.g., front, rear and sides). Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations, as appropriate for the building type and style. Architectural features shall be varied on the different building elevations.

1.    Dormers

2.    Gables

3.    Recessed entries

4.    Covered porch entries

5.    Cupolas or towers

6.    Pillars or posts

7.    Eaves (minimum 6-inch projection)

8.    Off-sets in building face or roof (minimum 16 inches)

9.    Window trim

10.    Bay or oriel windows

11.    Balconies

12.    Decorative patterns on exterior finishes (e.g., scales/shingles, wainscoting, ornamentation, and similar features)

13.    Decorative cornices and roof lines (e.g., for flat roofs)

14.    An alternative feature providing visual relief and detail, similar to options 1-13 above.

3.    Garbage and Recycling Collection Areas. An exterior garbage and recycling collection area is required and shall be oriented away from the street.

4.    Mechanical Equipment. Mechanical equipment located on the ground, such as heating or cooling equipment, pumps or generators, must be screened from the street by walls, fences, or vegetation. Landscaping and screening shall be tall enough to screen the equipment. Mechanical equipment is not permitted to be placed on roofs. Screening shall be compliant with all applicable fire codes.

4.    Gated Communities. Gated communities are prohibited except as may be permitted by Chapter 4.5 Master Planned Developments.

H.    Defensible Space Standards. Development is subject to the applicable defensible space standards in Chapter 3.7 SDC. [Ord. 543 § 2 (Exh. D), 2025; Ord. 526 § 3 (Exh. B), 2022; Ord. 497 § 2 (Exh. B), 2019].

A.    Purpose. This section provides specific development standards for the Pine Meadow Village (PMV) Subdivision, a residential sub-district, by adopting certain development standards originally approved in 1998 prior to PMV being annexed into the City limits. This sub-district is separated from the Residential (R) District due to differences in building setbacks, building height, maximum lot coverage and other development standards.

B.    Development Standards. The following property development standards shall apply to all land, buildings and uses in the R-PMV Sub District:

B.    Other Development Standards. Development standards not specifically addressed under Section 2.2.400 will be reviewed per the development standards in the base district, which are listed under Section 2.2.

The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing. Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale. [Ord. 497 § 2 (Exh. B), 2019].

A.    Permitted uses. Uses permitted in the Multi-Family Residential District are listed in Table 2.3.1 with a “P.” These uses are allowed if they comply with the development standards and other regulations of this Code.

B.    Special Provisions. Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 2.3.1 with an “SP.” Uses subject to an SP shall comply with the applicable special use standards included in Chapter 2.15.

C.    Conditional uses. Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use “MCU” or a Conditional Use Permit “CU” as listed in Table 2.3.1. These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 4.4 of this Code.

D.    Similar uses. Similar use determinations shall be made in conformance with the procedures in Chapter 4.8 – Interpretations.

Key: P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use

[Ord. 526 § 3 (Exh. B), 2022; Ord. 497 § 2 (Exh. B), 2019; Ord. 489 § 2 (Exh. B), 2018; Ord. 486 § 2 (Exh. B), 2018].

The following property development standards shall apply to all land, buildings and uses in the Multi-Family Residential District:

A.    Lot Area, lot width, lot depth, setbacks, floor area ratio, lot coverage and building height. See Table 2.3.2

B.    General Exceptions to Setbacks and Building Height

1.    Front and rear deck. An uncovered deck not exceeding 30 inches in height above grade may encroach into the front yard setback by no more than 6 feet and rear yard setback by no more than 8 feet, as long as it does not encroach into a public utility easement.

2.    Acceptable encroachments into setbacks.

a.    The following features are allowed to encroach into the required side setbacks by no more than two (2) feet: eaves, chimneys, overhangs, canopies, fire escapes, landing places, outside stairways, and similar architectural features.

b.    The following features are allowed to encroach into the required rear setbacks by no more than two (2) feet: bay windows, chimneys, overhangs, canopies, fire escapes, balconies, landing places, outside stairways and similar architectural features.

c.    The following feature is allowed to encroach into the front and rear setbacks no more than three (3) feet: eaves.

3.    General Exceptions to building height. Exceptions to the building height standard are available for certain types of affordable housing as set forth in Special Provisions. Chimneys, bell towers, steeples, roof equipment, flagpoles, and similar features that are not intended for human occupancy and which do not exceed 40 feet in height are not subject to building height limits.

C.    Fences and walls. Fences and walls may be placed on property lines, subject to the standards in Chapter 3.2 SDC, Landscaping and Screening and Chapter 3.7 SDC, Defensible Space Standards. Fences and walls within front yards shall also comply with the vision clearance standards in Special Provisions, Chapter 2.15.

D.    Special Yards. Distance Between Buildings on the Same Lot

    Distance between buildings on the same lot. To provide usable yard area and allow air circulation and light, the distance between buildings on the same lot shall be a minimum of six feet.

E.    Garage Requirements. In addition to Table 2.3.2, the following standards shall apply;

1.    Minimum one car garage shall be required per unit for single-family detached dwelling, manufactured dwelling on individual lot, zero lot line dwelling, town home, duplex and triplex dwelling.

2.    Garages and carports shall be accessed from alleys where available.

3.    Side loaded street accessed garages. The street facing elevation of the garage shall include windows and landscaping shall be provided between the dwelling unit and the driveway and between the street facing elevation of the garage and front property line. The throat of the driveway shall be a maximum of 12 feet in width.

4.    Garage and Carport Requirements for Multi-Family. Minimum one car garage or carport shall be required for 50 percent of the units provided. Garage and carport design shall use the same architectural features as the multi-family development. Affordable multi-family developments are exempt from the garage and carport requirements.

F.    Gated Communities. Gated communities are prohibited except as may be permitted by Chapter 4.5 Master Planned Developments.

G.    Residential Density Standards. The following residential density standards apply to all land divisions in the Multi-Family Residential District and to multi-family housing on individual lots.

1.    The density range for the Multi-Family Residential District shall be 15 units per gross acre minimum and 30 units per gross acre maximum; more than 30 units per acre up to 40 units per acre allowed via Minor Conditional Use.

2.    Developments greater than 40 units per acre and up to 50 units per acre are allowed via Minor Conditional Use, as follows.

a.    Applicant shall provide evidence and guarantee that at least 30% of the units will be affordable to people with incomes below 80% of the Area Median Income (or that 50% of the units will be affordable to people with incomes below 150% of the Area Median Income).

i.    “Affordable” means that the sales price or rental amount is within the means of a household that may occupy moderate- and low-income housing. In the case of dwelling units for sale, “affordable” means housing in which the mortgage, amortization, taxes, insurance, and condominium/association fees constitute no more than 30% of gross annual household income. In the case of dwelling units for rent, “affordable” means housing for which the rent and utilities constitute no more than 30% of gross annual household income.

ii.    Projects must include contractual obligations for continued availability of low- and moderate-income units for a period of at least 30 years.

3.    Minimum and maximum residential densities are calculated by multiplying the gross acres by the applicable density standard. For example, if the parcel size is five acres, the minimum density is 75 units and the maximum is 250 units (without the conditional use process). When calculating minimum and maximum densities, figures are rounded down to the closest whole number.

4.    Accessory dwelling units are exempt from the minimum density standards.

H.    Design Standards. The following design standards are intended to provide detailed, pedestrian-oriented design, while affording flexibility to use a variety of building styles.

1.    Applicability. The design standards are applicable to the following types of uses and buildings in the Multi-Family Residential District.

a.    Single-Family Detached Dwelling Units

b.    Duplex and triplex dwellings

c.    Town home

d.    Multi-family development

e.    Public and institutional buildings

f.    Manufactured dwellings

g.    Buildings for shared residential amenities

2.    Base standards. The figures in this section are intended to show examples of how to comply with the design standards. Other building styles and design can be used to comply, so long as they are consistent with the text of the standard. An architectural feature may be used to comply with more than one standard.

a.    Building orientation. All buildings shall have their primary entrance oriented to the street or a common area (private street, courtyard, or open space). If oriented to a common area, the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street.

b.    Location of off-street parking. Off-street parking areas shall not be placed between the primary building facades and streets for multi-family, public and institutional and neighborhood commercial buildings. Alley access is required where existing alleys are available or can be extended to serve new development. Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography.

3.    Eyes on the street. All building elevations visible from a street right-of-way shall provide doors, porches, balconies, and/or windows. The standard applies to each full and partial building story.

4.    Detailed design. All buildings included in the applicability section shall provide detailed design along all elevations (e.g., front, rear and sides). Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations, as appropriate for the building type and style. Architectural features shall be varied on the different building elevations.

a.    Dormers

b.    Gables

c.    Recessed entries

d.    Covered porch entries

e.    Cupolas or towers

f.    Pillars or posts

g.    Eaves (minimum 6-inch projection)

h.    Off-sets in building face or roof (minimum 16 inches)

i.    Window trim

j.    Bay or oriel windows

k.    Balconies

l.    Decorative patterns on exterior finishes (e.g., scales/shingles, wainscoting, ornamentation, and similar features)

m.    Decorative cornices and roof lines (e.g., for flat roofs)

n.    An alternative feature providing visual relief and detail, similar to options a-m above.

I.    Garbage and Recycling Collection Areas. An exterior garbage and recycling collection area is required and shall be oriented away from the street.

J.    Mechanical Equipment. Mechanical equipment located on the ground, such as heating or cooling equipment, pumps or generators, must be screened from the street by walls, fences, or vegetation. Landscaping and screening shall be tall enough to screen the equipment. Mechanical equipment is not permitted to be placed on roofs. Screening shall be compliant with all applicable fire codes.

K.    Additional Design Standards for Multi-Family Housing. In addition to the design standards set forth in Section 2.3.300.H above, development of multi-family housing (5 or more units) shall also comply with the following additional standards.

1.    Usable open space shall be exclusive of dedicated street right-of-ways, land dedicated to other public uses like parks and schools, and vehicular circulation and parking areas. Sensitive lands and historic buildings or landmarks open to the public and designated by the Comprehensive Plan may be counted toward meeting the usable open space requirements.

2.    Private open space. Private open space shall be required for all multi-family units based on the following standards:

a.    Ground floor housing units shall have front or rear patios or decks measuring at least 48 square feet.

b.    To the extent possible, private open space areas shall be oriented toward common open space areas and away from adjacent single family residences, parking areas and driveways and trash enclosures.

3.    Trash receptacles. A common trash enclosure shall be required and is subject to the following standards.

1.    Trash enclosures shall be oriented away from adjacent residences and shall be screened.

2.    Trash enclosures shall be accessible to trash pick-up trucks.

3.    Trash enclosures, a minimum of six-feet in height, shall be constructed of solid, durable and attractive walls with solid screen doors and shall be visually consistent with project architecture.

4.    A minimum two (2) foot irrigated and landscaped perimeter shall be provided around the enclosure (excepting door entries).

5.    Enclosure areas shall contain sufficient space to accommodate both waste disposal and recycling containers.

4.    Building form. All buildings shall incorporate design features such as offsets, balconies, projections, window trim, or similar elements to preclude large expanses of uninterrupted building surfaces. Along the facade of the structure, such features shall occur at a minimum of every 30 lineal feet, and each floor shall contain at least two of the following features:

a.    Recess (e.g., deck, patio, courtyard, entrance or similar feature) that has a minimum depth of 4 feet;

b.    Extension (e.g., floor area, deck, patio, entrance or similar feature) that projects a minimum of 2 feet and runs horizontally for a minimum length of 4 feet; and/or

c.    Offsets or breaks in roof elevation of 2 feet or greater in height.

5.    Storage. Storage of furniture, tools, equipment, or supplies belonging to the occupants shall be provided and is subject to the following standards:

a.    Each dwelling unit shall have one assigned, securable storage area, a minimum 18 square feet, but shall be of a minimum size and dimension that is suitable to accommodate one bicycle of average size.

b.    Storage areas may be indoor, such as attached or detached garages, or within specific areas that are internal to each dwelling unit.

c.    Storage areas may also be within outdoor structures such as within a separate storage building located on premises.

d.    The City may exempt or reduce the storage space requirement for “specialty housing,” such as assisted living or residential care facilities.

L.    Defensible Space Standards. Development is subject to the applicable defensible space standards in Chapter 3.7 SDC. [Ord. 543 § 2 (Exh. E), 2025; Ord. 526 § 3 (Exh. B), 2022; Ord. 523 § 3 (Exh. B), 2022; Ord. 497 § 2 (Exh. B), 2019; Ord. 486 § 2 (Exh. B), 2018].

The purpose of the Downtown Commercial District is to strengthen and reinforce the downtown of Sisters as the “heart” of the community. This chapter is intended to support this purpose through design and appropriate mixed-use development in the Downtown Commercial District, consistent with the following principles:

A.    Permitted uses. Uses allowed in the Downtown Commercial District are listed in Table 2.4.1 with a “P.” These uses are allowed if they comply with the development standards and other regulations of this Code.

B.    Special Provisions. Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 2.4.1 with an “SP.” Uses subject to an SP shall comply with the applicable special use standards included in Chapter 2.15.

C.    Conditional uses. Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 2.4.1 with either a Minor Conditional Use “MCU” or a Conditional Use “CU.” These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 4.4 of this Code.

D.    Similar uses. Similar use determinations shall be made in conformance with the procedures in Chapter 4.8 – Interpretations.

    Key: P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

Figure 1

Figure 2

[Ord. 526 § 3 (Exh. B), 2022; Ord. 497 § 2 (Exh. B), 2019; Ord. 489 § 2 (Exh. B), 2018; Ord. 486 § 2 (Exh. B), 2018].

The following property development standards shall apply to all land, buildings and uses in the Downtown Commercial District. Setbacks and other development standards for stand-alone residential uses are found in Table 2.4.2.a

A.    Lot Area, lot frontage, setbacks, lot coverage and building height. See Table 2.4.2.

B.    Garage Requirements. In addition to Table 2.4.2.a, the following standards shall apply;

1.    Minimum one car garage shall be required per unit for single-family detached dwelling, town home, duplex and triplex dwelling.

2.    Garages and carports shall be accessed from alleys where available.

3.    Side loaded street accessed garages. The street facing elevation of the garage shall include windows and landscaping shall be provided between the dwelling unit and the driveway and between the street facing elevation of the garage and front property line. The throat of the driveway shall be a maximum of 12 feet in width.

4.    Garage and Carport Requirements for Multi-Family. Minimum one car garage or carport shall be required for 50 percent of the units provided. Garage and carport design shall use the same architectural features as the multi-family development. Affordable multi-family developments are exempt from the garage and carport requirements.

C.    Exceptions to Building Height

1.    The maximum height for buildings containing a residential use is 35' of habitable area. The building may extend up to 50' provided all areas above 35' are nonhabitable.

2.    The building height increase allowed for housing shall apply only to vertical mixed use buildings, and shall only apply to that portion of the building that contains housing.

3.    Not included in the maximum height limit are bell towers, steeples, flagpoles, and similar features that are not intended for human occupancy and by their vertical orientation do not block views.

4.    Not included in the maximum height limit are western design theme facades (false front facades), which may extend to 35 feet for a maximum 25 percent of the street-facing building length.

D.    Building Orientation Standards. The building orientation standards are intended to promote the pedestrian-oriented, storefront character of the Downtown Commercial District by placing buildings with a primary entrance facing the sidewalk. Development in the Downtown Commercial zone is subject to the following standards:

1.    Buildings shall have their primary entrance(s) oriented to (facing) the street. On corner lots, buildings shall have at least one entrance oriented to the street. All other street facing elevations shall comply with the Design Standards in Section 2.4.300.E. Building entrances may include entrances to individual units, lobby entrances, entrances oriented to pedestrian plazas, or breezeway/courtyard entrances (i.e., to a cluster of units or commercial spaces).

2.    Off-street parking, driveways or other vehicular circulation areas shall not be placed between a building and the street used to comply with the building orientation standard. Parking, driveways and other vehicle areas are prohibited between buildings and street corners.

E.    Design Standards. The design standards for buildings within the Downtown Commercial District are intended to promote pedestrian orientation rather than auto-dependent uses. Buildings in the Downtown Commercial zone, excluding standalone residential buildings, are subject to the following standards:

1.    Active ground floor uses. The street-level, street-facing façade(s) of a structure shall contain active uses including but not limited to the commercial uses listed in Table 2.4.1, lobbies, retail, commercial, or other active uses oriented toward pedestrians.

2.    Transparency. Fifty percent of the street-facing facade between 3 feet and 7 feet above the sidewalk or raised walkway/patio shall contain windows for viewing the activity inside of the building.

3.    Blank facades. Blank facades are prohibited along all street frontages. For purposes of this section, facade segments are considered blank if they exceed 20 lineal feet and do not include at least one of the following:

a.    Windows;

b.    Entryways or doorways;

c.    Stairs, stoops, balconies, or porticos;

d.    Other architectural features including but not limited to façade offsets, recesses, projections, offsets or breaks in roof lines of 2 feet or greater in height.

F.    Major Retail Development, as defined, shall refer to Chapter 2.15, Special Provisions.

G.    Pedestrian Amenity Standards. Except for single family, manufactured dwelling, townhouse and duplex residences (where permitted), all development in the Downtown Commercial District shall provide at least two (2) of the pedestrian amenities listed below. Pedestrian amenities may be provided within a public right-of-way (i.e., on the sidewalk, curb, or street pavement) when approved by the City (for city street), Deschutes County (for county roads) or ODOT (for state highways).

1.    A plaza, courtyard, square or extra-wide sidewalk next to the building entrance (minimum width of 8 feet); and/or

2.    Sitting space (i.e., benches or ledges between the building entrance and sidewalk, with a minimum of 16 inches in height and 30 inches in width); and/or

3.    Building canopy, awning, pergola, or similar weather protection (minimum projection of 4 feet over a privately owned sidewalk or pedestrian space); and/or

4.    Public art; and/or

5.    Water feature.

H.    Outdoor Displays, Sales, and Dining. Outdoor display, sale of merchandise, and dining associated with the primary use is permitted and shall be limited to the private property of that primary use. Merchandise shall be limited to items such as cards, plants, floral products, food, books, newspapers, bicycles, and similar small items for sale or rental to pedestrians (i.e., non auto-dependent use). A minimum clearance of 4 feet shall be maintained at all times to allow pedestrians to pass by the displays, sales and dining areas. Display of larger items, such as automobiles, trucks, motorcycles, buses, recreational vehicles/boats, construction equipment, building materials, and similar vehicles and equipment is prohibited. This section does not include public art; see Special Provisions.

I.    Screening. The following screening standards address specific unsightly features which detract from the appearance of commercial areas.

1.    Garbage and recycling collection areas. Garbage and recycling collection enclosures are required and shall be orientated away from the street and adjacent properties. Enclosures shall be constructed of solid, durable and attractive walls/fences, a minimum of six (6) feet in height, with solid doors, and shall be visually consistent with project architecture. Trash receptacles for pedestrian use are exempt. Enclosures shall be compliant with all applicable fire codes.

2.    Mechanical equipment. Mechanical equipment located on the ground, such as heating or cooling equipment, pumps or generators, must be screened from the street and any abutting residential zones by walls, fences, or vegetation. Landscaping and screening shall be tall enough to screen the equipment. Mechanical equipment placed on roofs must be screened by a parapet around the facade or the equipment that is as tall as the tallest part of the equipment. Screening shall be compliant with all applicable fire codes and height requirements.

J.    Western Frontier Design Theme. See Special Provisions, Chapter 2.15.

K.    Formula Food Establishments. The City of Sisters has developed a unique community character in its commercial districts. The City desires to maintain this unique character and protect the community’s economic vitality by ensuring a diversity of businesses with sufficient opportunities for independent entrepreneurs. To meet these objectives, the City limits Formula Food Establishments to a maximum of one within this zone.

L.    Defensible Space Standards. Development is subject to the applicable defensible space standards in Chapter 3.7 SDC. [Ord. 543 § 2 (Exh. F), 2025; Ord. 533 § 3 (Exh. D), 2023; Ord. 486 § 2 (Exh. B), 2018].

The purpose of the Highway Commercial (HC) District is to provide areas suitable for commercial uses and services. However, the HC District is also intended to achieve the following objectives:

A.    Permitted uses. Uses allowed in the Highway Commercial District are listed in Table 2.5.1 with a “P.” These uses are allowed if they comply with the development standards and other regulations of this Code.

B.    Special Provisions. Uses that are either permitted or conditionally permitted in the Highway Commercial District subject to special provisions for that particular use are listed in Table 2.5.1 with an “SP.” Uses subject to an SP shall comply with the applicable special use standards included in Chapter 2.15.

C.    Conditional uses. Uses that are allowed in the Highway Commercial District with approval of a conditional use permit are listed in Table 2.5.1 with either a Minor Conditional Use “MCU” or a Conditional Use “CU.” These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 4.4 of this Code.

D.    Similar uses. Similar use determinations shall be made in conformance with the procedures in Chapter 4.8 – Code Interpretations.

Key: P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

[Ord. 489 § 2 (Exh. B), 2018].

The following property development standards shall apply to all land, buildings and uses in the Highway Commercial District:

A.    Lot Area, lot frontage, setbacks, lot coverage and building height. See Table 2.5.2.

B.    Exceptions to Building Height

1.    The building height increase allowed for housing shall apply only to vertical mixed use buildings, and shall only apply to that portion of the building that contains housing.

2.    Not included in the maximum height limit are bell towers, steeples, flagpoles, and similar features that are not intended for human occupancy and by their vertical orientation do not block views.

3.    Not included in the maximum height limit are western design theme facades (false front facades), which may extend to 40 feet for a maximum 25 percent of the street-facing building length.

C.    All uses shall be conducted wholly within a completely enclosed building, except for service stations, off-street parking and loading facilities and outdoor displays, sales and dining. The Planning Commission may permit the outdoor operation of other permitted use by approving a conditional use permit including display of larger items, such as automobiles, trucks, motorcycles, buses, recreational vehicles/boats, construction equipment, building materials, and similar vehicles and equipment.

D.    Outdoor Displays, Sales, and Dining. Outdoor display, sale of merchandise and dining associated with the primary use is permitted and shall be limited to the private property of that primary use. Merchandise shall be limited to items such as cards, plants, floral products, food, books, newspapers, bicycles, and similar small items for sale or rental to pedestrians. A minimum clearance of 4 feet shall be maintained at all times to allow pedestrians to pass by the displays, sales and dining areas. This section does not include public art; see Special Provisions.

E.    Buffering. When abutting residential districts or a state highway, the setback area shall include landscaping to screen parking, services and delivery areas, and building walls without windows or entries, as applicable. The buffer may contain pedestrian seating but shall not contain any trash receptacles, parking or vehicular circulation, loading facilities or storage of equipment, materials, vehicles, etc. The landscaping standards in Chapter 3.2 may require buffering of other activities, as well.

F.    Building Orientation Standards. The following standards shall apply to all development within the Highway Commercial District in order to reinforce streets as public spaces and encourage alternative modes of transportation such as walking and bicycling.

1.    Building entrances. Buildings shall have their primary entrance(s) oriented to (facing) the street. On corner lots, buildings shall have at least one entrance oriented to the street. All other street facing elevations shall comply with the Design Standards including ground floor windows. Building entrances may include entrances to individual units, lobby entrances, entrances oriented to pedestrian plazas, or breezeway/courtyard entrances (i.e., to a cluster of units or commercial spaces).

2.    Arterial street orientation and pedestrian connections. When the only street abutting the development is an arterial street, the building entrance may be oriented to an internal drive. The internal drive shall ensure a direct pedestrian connection between the street and buildings on the site, and between buildings and other activities within the site. In addition, options should be provided for extension of the pedestrian connection to adjacent sites, where feasible. The pedestrian connections must be hard-surfaced, and be at least 6 feet wide. Where the system crosses driveways, parking areas, and loading areas, the pedestrian system must be identifiable, through the use of elevation changes, speed bumps, different paving materials, or other similar methods and shall be in compliance with American Disability Act (ADA) Standards.

G.    Design Standards. The design standards in this section apply to all uses and buildings in the Highway Commercial District.

1.    Ground floor windows shall be provided along all street facing facades for viewing the activity inside the building and blank walls are prohibited.

2.    Architectural features include, but are not limited to the following: recesses, projections, wall insets, arcades, window display areas, awnings, balconies, window projections or other features that complement the design of the structure.

3.    Roofs should be designed to reduce the apparent exterior mass of a building, add visual interest and be appropriate to the Western Frontier Architectural Design theme. Architectural methods shall be used to conceal flat roof tops. Overhanging eaves, sloped roofs, articulated parapet walls and multiple roof elements are highly encouraged. Mansard style roofs are prohibited.

4.    Clearly defined, highly visible customer entrances using features such as canopies, porticos, arcades, arches, wing walls, and/or integral planters are required.

H.    Major Retail Development, as defined, shall refer to Chapter 2.15, Special Provisions.

I.    Pedestrian Amenity Standards. Development in the Highway Commercial District shall provide at least two (2) of the pedestrian amenities listed below. Pedestrian amenities may be provided within a public right-of-way (i.e., on the sidewalk, curb, or street pavement) when approved by the City (for city street), Deschutes County (for county roads) or ODOT (for state highways).

1.    A plaza, courtyard, square or extra-wide sidewalk next to the building entrance (minimum width of 8 feet).

2.    Sitting space (i.e., benches or ledges between the building entrance and sidewalk, with a minimum of 16 inches in height and 30 inches in width).

3.    Building canopy, awning, pergola, or similar weather protection (minimum projection of 4 feet over a privately owned sidewalk or pedestrian space).

4.    Public art

5.    Water feature

J.    Screening. The screening standards address specific unsightly features which detract from the appearance of commercial areas.

1.    Garbage and recycling collection areas. Garbage and recycling collection enclosures are required and shall be orientated away from the street and adjacent properties. Enclosures shall be constructed of solid, durable and attractive walls/fences, a minimum of six (6) feet in height, with solid doors, and shall be visually consistent with project architecture. Trash receptacles for pedestrian use are exempt. Enclosures shall be compliant with all applicable fire codes.

2.    Mechanical equipment. Mechanical equipment located on the ground, such as heating or cooling equipment, pumps or generators, must be screened from the street and any abutting residential zones by walls, fences, or vegetation. Landscaping and screening shall be tall enough to screen the equipment. Mechanical equipment placed on roofs must be screened by a parapet around the facade or the equipment that is as tall as the tallest part of the equipment. Screening shall be compliant with all applicable fire codes and height requirements.

K.    Western Frontier Architectural Design Theme. See Special Provisions, Chapter 2.15.

L.    Formula Food Establishments. The city of Sisters has developed a unique community character in its commercial districts. The city desires to maintain this unique character and protect the community’s economic vitality by ensuring a diversity of businesses with sufficient opportunities for independent entrepreneurs. To meet these objectives, the city limits Formula Food Establishments to a maximum of six within this zone.

M.    Defensible Space Standards. Development is subject to the applicable defensible space standards in Chapter 3.7 SDC. [Ord. 543 § 2 (Exh. G), 2025].

The Light Industrial District provides land for light manufacturing, warehousing, processing, and distribution of goods and other low intensity industrial uses. It is intended for industrial uses which involve the low level of noise, vibration, air pollution, radiation, glare, or fire and explosive hazards.

A.    Permitted uses. Uses allowed in the Light Industrial District are listed in Table 2.6.1 with a “P.” These uses are allowed if they comply with the development standards and other regulations of this Code.

B.    Special Provisions. Uses that are either permitted or conditionally permitted in the Light Industrial District subject to special provisions for that particular use are listed in Table 2.6.1 with an “SP.” Uses subject to an SP shall comply with the applicable special use standards included in Chapter 2.15.

C.    Conditional uses. Uses that are allowed in the LI District with approval of a conditional use permit are listed in Table 2.6.1 with either a Minor Conditional Use “MCU” or a Conditional Use “CU.” These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 4.4 of this Code.

D.    Similar uses. Similar use determinations shall be made in conformance with the procedures in Chapter 4.8 – Code Interpretations.

    Key: P= Permitted SP= Special Provisions MCU= Minor Conditional Use Permit
CU = Conditional Use Permit

[Ord. 523 § 3 (Exh. C), 2022; Ord. 486 § 2 (Exh. B), 2018].

The following property development standards shall apply to all land, buildings and uses in the Light Industrial District:

A.    Lot Area, lot frontage, setbacks, lot coverage and building height. See Table 2.6.2.

B.    All developments shall meet applicable fire and building code standards, which may require greater setbacks than those listed.

C.    Buffering. A 20-foot minimum buffer zone shall be required between development in the LI District and any adjacent Residential District. The buffer zone shall provide landscaping to screen parking, services and delivery areas, and walls without windows or entries, as applicable. The buffer may contain pedestrian seating but shall not contain any trash receptacles, loading facilities or storage of equipment, materials, vehicles, etc. The landscaping standards in Chapter 3.2 may require buffering of other activities, as well.

D.    Building Orientation and Design Standards. The following standards shall apply to new development within the Light Industrial District in order to reinforce streets as public spaces and encourage alternative modes of transportation such as walking and bicycling.

1.    Building entrances. All buildings shall have a primary entrance oriented to (facing) a street or connected to the street by a direct and convenient pathway. Primary entrances may face the front parking or side parking areas. Streets used to comply with this standard may be public streets, private streets, or internal drives that include sidewalks or pathways and street trees, in accordance with the design standards in Chapter 3.

2.    Primary building entrances shall be well defined through the use of projections, recesses, columns, roof structures, or other design elements.

3.    Buildings should be located near the front portion of a property.

E.    Pathway Connections. Pathways may be required through yard setbacks as necessary to provide direct and convenient pedestrian circulation between developments and neighborhoods. If required, pathways shall conform to the standards in Chapter 3.

F.    Design Guidelines and Standards

Architectural elements shall be used on the front of the building and shall be incorporated side and rear elevations when visible to the street. Architectural features include windows, projections, building off-sets, detailing, change in materials, or similar.

G.    Outside Operations, Display and Storage. Outdoor operations, display and storage are permitted which are related activities to the principal use.

1.    Appearance of stored material. All materials stored on site shall be stored in a neat and orderly manner.

2.    Material may be stored within a front setback area. Material may not be stored or displayed within clear vision areas, landscaped areas, parking areas or pedestrian or other ingress/egress areas.

H.    Paving

1.    The following areas shall be paved for properties located within the LI District.

a.    Driveway Aprons.

b.    Primary public-use driveways leading to primary public-use parking area.

1.    16' wide (minimum) paved width required.

c.    Primary public-use parking area.

d.    ADA pathways.

2.    Except for driveway aprons, which must always be paved, the Hearings Body may allow compacted gravel as an alternative to on-site paving in the Light Industrial District, in part or in full, upon a reasonable finding that pavement may not be suitable for the intended use of the site. Criteria for paving exemption consideration includes the following;

a.    Nature of site usage (such as unusual driveway construction or maintenance costs due to heavy equipment usage and/or material handling).

b.    Infrequent or no public access onto site.

c.    Future site usage (such as future site development or modifications to the site that would conflict with pavement surface; future product inventory needs; other operational and/or development factors).

I.    Screening. The screening standards address specific unsightly features which detract from the appearance of industrial areas.

1.    Garbage and recycling collection areas. All exterior garbage cans, garbage collection areas, and recycling collection areas must be orientated away from the street and adjacent properties. Trash enclosures shall be constructed of solid, durable and attractive walls/fences, a minimum of six (6) feet in height, with solid doors, and shall be visually consistent with project architecture. As an alternative, trash dumpsters may be located behind structures, or shielded in a manner to conceal them from public roads. Trash receptacles for pedestrian use are exempt. If constructed, trash enclosures shall be compliant with all applicable fire codes.

2.    Mechanical equipment.

a.    Mechanical equipment located on the ground, must be screened. Landscaping and screening shall be tall enough to screen the equipment.

b.    Mechanical equipment placed on roofs must be screened by a parapet around the facade or the equipment that is as tall as the tallest part of the equipment. Screening shall be compliant with all applicable fire codes and height requirements.

c.    Mechanical equipment, lights, emissions, shipping/receiving areas, and other components of an industrial use that are outside of an enclosed building, shall be located away from abutting residential zones, schools, parks and other non-industrial zoned properties.

J.    Screening from view from any street or neighboring site is required for long-term (one month or more) vehicle repair storage yards and any manufactured non-display, non-uniform assemblies consisting of metal, plastic or glass. Items such as old iron, paper or other waste, and items that are secondhand, worn, or discarded shall be screened.

1.    Screening shall be achieved by a minimum 6' tall fence, landscape screen, berm or a combination of these screening methods. The applicant may propose an alternative screening method, which the Community Development Director may accept as an alternative at his/her discretion.

2.    In the event that the applicant and city staff disagree on which items qualify for the screening requirement, the applicant may request that a determination be made by the Hearing Body.

3.    Natural materials such as logs, timber, firewood, gravel, landscape products and their protective coverings do not require screening, but shall be maintained in an orderly fashion.

4.    Properties that are not required to screen shall construct a visual demarcation along their street-facing property lines. Examples of visual demarcation devices include a split-rail fence, log buttress, hedge line or landscape berm.

K.    Defensible Space Standards. Development is subject to the applicable defensible space standards in Chapter 3.7 SDC. [Ord. 543 § 2 (Exh. H), 2025].

A.    Mini-Storage Facilities

1.    Applicability. Except as otherwise provided herein, all mini-storage facilities in the LI District are subject to the standards in this section.

2.    Multi-Story Requirement.

a.    All mini-storage facilities must be multi-story.

b.    The footprint of the second story must be at least 75% of the footprint of the first story.

c.    Rentable storage units must be located on each story.

3.    Exceptions.

a.    Notwithstanding SDC 5.2.300(A)(1), the requirements for mini-storage facilities in subsection (2) are not applicable to initial construction or expansion of facilities that were approved or lawfully established prior to June 24, 2022; provided, that the lot lines are in the same configuration existing as of June 24, 2022. [Ord. 523 § 3 (Exh. C), 2022].

The Public Facility and Institutional (PFI) District is intended to provide areas primarily for the location and establishment of facilities and institutions which are maintained in private, public, and quasi-public ownership and which utilize relatively large areas of land. [Ord. 528 § 4 (Exh. H), 2023].

A.    Permitted uses. Uses permitted in the Public Facility and Institutional District are listed in Table 2.7.1 with a “P.” These uses are allowed if they comply with the development standards and other regulations of this Code.

B.    Special Provisions. Uses that are either permitted or conditionally permitted in the Public Facility and Institutional District subject to special provisions for that particular use are listed in Table 2.7.1 with an “SP.” Uses subject to an SP shall comply with the applicable special use standards included in Chapter 2.15.

C.    Conditional uses. Uses that are allowed in the Public Facility and Institutional District with approval of a conditional use permit are listed in Table 2.7.1 with either a Minor Conditional Use “MCU” or a Conditional Use “CU”. These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 4.4 of this Code.

D.    Similar uses. Similar use determinations shall be made in conformance with the procedures in Chapter 4.8 - Code Interpretations.

    Key: P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit
CU = Conditional Use Permit

[Ord. 544 § 2 (Exh. B), 2025; Ord. 533 § 3 (Exh. F), 2023; Ord. 528 § 4 (Exh. H), 2023].

The following property development standards shall apply to all land, buildings and uses in the Public Facility and Institutional District:

A.    Lot Area, lot frontage, setbacks, lot coverage and building height. See Table 2.7.2.

B.    Activities within enclosed building. All service, repair, processing or storage on property within the Public Facility and Institutional District that is abutting or across the street from a lot in a Residential District shall be conducted wholly within an enclosed building unless screened from the Residential District by a site-obscuring fence or wall.

C.    Openings to buildings abutting a Residential District. Where buildings in the PFI District abut lots in the Residential Districts, openings to the buildings that face the Residential Districts shall be prohibited (e.g., doors and windows) if such openings would cause glare, excessive noise or similar conditions that would have an adverse affect on property in the Residential Districts.

D.    Access points. Access points from a public road to a use or building in the PFI District shall be located to minimize traffic congestion and to avoid directing traffic onto streets of a primarily residential character.

E.    Materials and grounds. All materials, including wastes, shall be stored and all grounds shall be maintained in a manner that will not attract or aid the propagation of insects or rodents or create a health or fire hazard.

F.    Building mass. Where buildings in the PFI District are accessible and open to the public and oriented to the public street, architectural features such as windows, pedestrian entrances, building off-sets, projections, detailing, a change in materials or similar features, shall be used to break up and articulate large building surfaces and volumes.

G.    Pedestrian entrances. Recessed entries, canopies, and/or similar features shall be used at the main entries to buildings in the PFI District that are accessible and open to the public.

H.    Parking and loading areas. Where the parking and loading area for a use in the PFI District is abutting or directly across the street from a Residential District, a minimum 10 foot front yard setback to the parking area shall be required. The parking and loading setback area shall be appropriately landscaped along the residential street frontage to protect the character of the adjoining residential property and to shield vehicle headlights.

I.    Defensible Space Standards. Development is subject to the applicable defensible space standards in Chapter 3.7 SDC. [Ord. 543 § 2 (Exh. I), 2025; Ord. 533 § 3 (Exh. F), 2023].

The OS District recognizes the unique scenic character of the Sisters area by providing tree buffers, or large areas of open spaces, at major highway entries into the community. The OS District may also be applied to provide buffers between conflicting land uses and to protect scenic foreground views for residents and visitors.

A.    Permitted uses. Uses allowed in the Open Space District are listed in Table 2.8.1 with a “P.” These uses are allowed if they comply with the development standards and other regulations of this code.

B.    Special Provisions. Uses that are either permitted or conditionally permitted in the Open Space District subject to special provisions for that particular use are listed in Table 2.8.1 with an “SP.” Uses subject to an SP shall comply with the applicable special use standards included in Chapter 2.15.

C.    Conditional uses. Uses that are allowed in the Open Space District with approval of a conditional use permit are listed in Table 2.8.1 with either a Minor Conditional Use “MCU” or a Conditional Use “CU.” These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 4.4 of this Code.

D.    Similar uses. Similar use determinations shall be made in conformance with the procedures in Chapter 4.8 – Code Interpretations.

    Key: P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water, sewer and transportation) are available and the land is rezoned for urban uses and densities. [Ord. 497 § 2 (Exh. B), 2019].

The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply. [Ord. 497 § 2 (Exh. B), 2019].

A.    Permitted uses. Uses allowed in the UAR District are listed in Table 2.9.1 with a “P.” These uses are allowed if they comply with the development standards and other regulations of this Code.

B.    Special Provisions. Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 2.9.1 with an “SP.” Uses subject to an SP shall comply with the applicable special use standards included in Chapter 2.15.

C.    Conditional uses. Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 2.9.1 with either a Minor Conditional Use “MCU” or a Conditional Use “CU.” These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 4.4 of this Code.

D.    Similar uses. Similar use determinations shall be made in conformance with the procedures in Chapter 4.8 – Code Interpretations.

    Key: P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

[Ord. 497 § 2 (Exh. B), 2019; Ord. 489 § 2 (Exh. B), 2018. Formerly 2.9.200].

A.    The development standards for the UAR District are set forth in Table 2.9.2 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors. The following property development standards shall apply to all land, buildings and uses in the Urban Area Reserve District:

[Ord. 497 § 2 (Exh. B), 2019. Formerly 2.9.300].

A.    Statutory Authorization. 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 Sisters does ordain as follows:

B.    Findings of Fact.

1.    The flood hazard areas of the City of Sisters 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.

2.    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.

C.    An overlay zone is a special zoning district which is applied over one or more base zoning districts and establishes additional or stricter standards and criteria for covered properties in addition to those of the underlying zoning district. This Special Flood Hazard Area (SFHA) overlay district zone intends to identify sections of the City subject to the hazards of 100-year periodic stream flooding as determined by the limits and extent of the Special Flood Hazard Area shown on Federal Emergency Management Agency (FEMA) Flood Insurance Map (FIRM) No. 41017C0245D, dated September 28, 2007, and associated Flood Insurance Study No. 19163CV000A, and any revision thereto, or more accurate studies, and to preclude future development or redevelopment that may suffer a loss of life or property in the subject area. Because the natural watercourse of waterways is dynamic and subject to change, the boundaries of the Special Flood Hazard Area Overlay District may be revisited and adjusted, as necessary and warranted.

D.    It is the purpose of this Chapter to promote the public health, safety and general welfare, to maintain streams and floodplains in their natural state to the maximum extent practical to reduce flood hazards, and to minimize public and private losses due to flooding in flood hazard areas by provisions designed to:

1.    Protect human life and health;

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

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

4.    Minimize prolonged business interruptions;

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

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

7.    Notify potential buyers that the property is in an area of special flood hazard;

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

9.    Participate in and maintain eligibility for flood insurance and disaster relief;

10.    Minimize the threat to persons, property and urban water quality from flooding and inadequate or improper drainage resulting from uncontrolled development or redevelopment of land to include filling, grading, excavation, removal; earthwork construction including berms and dikes; stockpiling of materials; or other alterations;

11.    Ensure that flood loss reduction measures under the National Flood Insurance Program (NFIP) are consistent with retaining natural floodplain functions;

12.    Ensure no net loss of hydraulic and geomorphic functions of floodplains;

13.    To balance the public interests with those of individual property owners in the designated areas;

14.    Allow the functions of the creek to continue, including erosion, deposition, and channel migration;

15.    To implement the policies of the City’s Comprehensive Plan. [Ord. 505 § 2 (Exh. B), 2020].

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 floodwaters;

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 floodwaters or may increase flood hazards in other areas. [Ord. 505 § 2 (Exh. B), 2020].

The following definitions apply to this Chapter and, to the extent the term is not defined in Chapter 1.3, to other portions of the Development Code. Strictly for purposes of this Chapter, the definitions supersede conflicting definitions in Chapter 1.3. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage.

Appeal: A request for a review of the interpretation of any provision of this chapter or a request for a variance.

Area of shallow flooding: 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: The land in the floodplain within a community subject to a 1 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. “Special flood hazard area” is synonymous in meaning and definition with the phrase “area of special flood hazard.”

Base flood: The flood having a one percent chance of being equaled or exceeded in any given year.

Base flood elevation (BFE): The elevation to which floodwater is anticipated to rise during the base flood.

Basement: Any area of the building having its floor subgrade (below ground level) on all sides.

Below-grade crawl space: Means an enclosed area below the base flood elevation in which the interior grade is not more than two feet below the lowest adjacent exterior grade and the height, measured from the interior grade of the crawl space to the top of the crawl space foundation, does not exceed 4 feet at any point.

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.

Development: 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.

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

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.

Flood elevation study: 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 Insurance Rate Map (FIRM): 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): See “Flood elevation study.”

Flood proofing: 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.

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 Chapters, subdivision regulations, building codes, health regulations, special purpose Chapters (such as floodplain Chapter, grading Chapter and erosion control Chapter) 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.

Floodway: 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: 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.

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

1.    Hazardous waste as defined in ORS 466.005;

2.    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;

3.    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;

4.    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;

5.    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;

6.    Material regulated as a Chemical Agent under ORS 465.550;

7.    Material used as a weapon of mass destruction, or biological weapon;

8.    Pesticide residue;

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

Highest adjacent grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure: Any structure that is:

1.    Listed individually in the National Register of Historic Places (a listing maintained by the Department of 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 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.

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:

1.    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.

2.    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.

3.    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.

4.    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.

5.    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 LOMR 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.

6.    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.

7.    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 base flood elevations, or the special flood hazard area.

Lowest floor: 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: 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: A parcel (or contiguous parcels) of land divided into two or more manufactured dwelling lots for rent or sale.

Mean sea level: 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 Sisters and includes any subsequent improvements to such structures.

Recreational vehicle: A vehicle which is:

1.    Built on a single chassis;

2.    400 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.

Regulatory floodway: See “Floodway.”

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

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: 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: 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: 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.”

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.

Variance: A grant of relief by the City of Sisters from the terms of a floodplain management regulation.

Violation: 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. 505 § 2 (Exh. B), 2020].

A.    Lands to Which This Chapter Applies. This Chapter shall apply to all special flood hazard areas within the jurisdiction of City of Sisters, which have been designated as part of the Special Flood Hazard Area overlay.

B.    Basis for Establishing the Special Flood Hazard Areas. The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and engineering report entitled “The Flood Insurance Study (FIS) for Deschutes County, Oregon and Incorporated Areas,” dated September 28, 2007, with accompanying Flood Insurance Rate Maps (FIRMs) Panels 41017CIND0A and 41017C0245E are hereby adopted by reference and declared to be a part of this Chapter. The FIS and FIRM panels are on file at the Community Development Department located at City Hall.

C.    Coordination with State of Oregon Specialty Codes. Pursuant to the requirement established in ORS 455 that the City of Sisters administers and enforces the State of Oregon Specialty Codes, the City of Sisters 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.

D.    Compliance and Penalties for Noncompliance.

1.    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.

2.    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 c violation and shall be subject to a fine of up to $500 per violation. Each violation of a separate provision of this chapter shall constitute a separate violation, and each day that a violation of this chapter is committed or permitted to continue shall constitute a separate violation. Violations of this chapter constitute a nuisance. In addition to any other remedies, the violations may be abated in accordance with the provisions of SMC Chapter 8.15. Nothing contained herein shall prevent the City of Sisters from taking such other lawful action as is necessary to prevent or remedy any violation.

E.    Abrogation and Severability.

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

2.    Severability. This chapter and the various parts thereof are hereby declared to be severable. If any section, clause, sentence, or phrase of the chapter is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this chapter.

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

1.    Considered as minimum requirements;

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

3.    Deemed neither to limit nor repeal any other powers granted under state statutes.

G.    Warning and Disclaimer of Liability.

1.    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.

2.    Disclaimer of Liability. This chapter shall not create liability on the part of the City of Sisters, 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. 505 § 2 (Exh. B), 2020].

A.    Permitted Uses.

1.    The land uses listed in Table 2.10.500.A are permitted in the Special Flood Hazard Area Overlay District and in areas of special flood hazard as designated in 2.10.200, subject to the provisions of this Chapter. Only land uses that are specifically listed in Table 2.10.500.A, and land uses that are approved as “similar” to those in Table 2.10.500.A, may be permitted. The land uses identified as “Conditional Uses” in Table 2.10.500.A require Conditional Use Permit approval prior to development or a change in use, in accordance with Chapter 4.4. Applications for development within the Special Flood Hazard Area Overlay District shall be on an appropriate form provided by the Sisters Community Development Department, accompanied by the appropriate fee.

*    Uses listed as “Conditional Uses” in Table 2.10.500.A above require Minor Conditional Use Permit approval prior to development or a change in use, in accordance with Chapter 4.4.

2.    Similar use determinations shall be made in conformance with the procedures in Chapter 4.8 – Code Interpretations.

B.    Prohibited Uses. The following uses and activities are prohibited within the Special Flood Hazard Area Overlay District or special flood hazard area, except as allowed in Table 2.10.500.A:

1.    New dwellings on existing lots within areas of special flood hazard where 2,000 sq. ft. or more of area outside the area of special flood hazard is available for building.

2.    New construction, including accessory buildings, is prohibited.

3.    Clear cutting, scraping with motorized equipment, removal of root systems, or removal of native vegetation on stream banks.

4.    Any encroachment during construction.

5.    New impervious surfaces.

6.    Removal of native vegetation on stream banks excluding trimming of no more than approximately 25% of the vegetation.

7.    New clearing, grading, filling, land-disturbing activity or other “development,” other than for the purpose of replacing nonnative vegetation with native vegetation, and for other restoration work that may be approved by the local administrator.

8.    Septic tanks and drain fields, dumping of any materials, hazardous or sanitary waste landfills, and receiving areas for toxic or hazardous waste or other contaminants.

9.    Subdivision and partitioning of land for residential purposes is prohibited if land is located entirely within the Special Flood Hazard Area Overlay District or area of special flood hazard. All new lots created in the Special Flood Hazard Area Overlay District or area of special flood hazard must result in a minimum of 2,000 sq. ft. of land area outside of the area of special flood hazard to serve as a building envelope.

10.    Modification of the stream channel, except for where necessary for bank stabilization and/or fish habitat enhancement projects.

11.    Developments that would result in a rise of flood heights in the FEMA regulatory floodplain. [Ord. 505 § 2 (Exh. B), 2020].

A.    Designation of the Floodplain Administrator. The Community Development Director 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.

B.    Duties and Responsibilities of the Floodplain Administrator. Duties of the Floodplain Administrator include, but are not limited to, the duties described in Sections 2.10.700 to 2.10.1000. [Ord. 505 § 2 (Exh. B), 2020].

The Floodplain Administrator shall:

A.    Review all development permits to determine that the permit requirements of this Chapter have been satisfied and that all other required local, state, and federal permits have been obtained and approved;

B.    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 this Chapter in section 2.10.2100 are met;

C.    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 section 2.10.1600;

D.    Provide to building officials the Base Flood Elevation (BFE) plus 1.0' applicable to any building requiring a development permit;

E.    Review all development permit applications to determine if the proposed development qualifies as a substantial improvement as defined in section 2.10.300;

F.    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 section 2.10.1400.A; and

G.    Review all development permits to determine if the proposed development activity includes the placement of fill or excavation. [Ord. 505 § 2 (Exh. B), 2020].

The following information shall be obtained and maintained by the Floodplain Administrator and shall be made available for public inspection as needed:

A.    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 section 2.10.1600.

B.    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 sections 2.10.2100 and 2.10.700.A are adhered to.

C.    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).

D.    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.

E.    Maintain all Elevation Certificates (EC) submitted to the City of Sisters.

F.    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 section 2.10.1600.

G.    Maintain all floodproofing certificates required under this Chapter.

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

I.    Obtain and maintain all hydrologic and hydraulic analyses performed as required under section 2.10.2100.

J.    Record and maintain all Substantial Improvement and Substantial Damage calculations and determinations as required under section 2.10.1000.

K.    Maintain for public inspection all records pertaining to the provisions of this Chapter. [Ord. 505 § 2 (Exh. B), 2020].

A.    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.

B.    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:

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

2.    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 section 2.10.900.C. Ensure compliance with all applicable requirements in sections 2.10.900.C and 2.10.1400.A.

C.    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 Section 44 of the Code of Federal Regulations (CFR), Sub-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:

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

2.    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 (6) 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).

The applicant shall be responsible for preparing all technical data to support CLOMR/LOMR applications and paying any processing or application fees associated with the CLOMR/LOMR.

The Floodplain Administrator shall be under no obligation to sign the Community Acknowledgement Form, which is part of the CLOMR/LOMR application, until the applicant demonstrates that the project will or has met the requirements of this code and all applicable state and federal laws. [Ord. 505 § 2 (Exh. B), 2020].

A.    The Floodplain Administrator shall conduct Substantial Improvement (SI) (as defined in section 2.10.300) reviews for all structural development proposal applications and maintain a record of SI calculations within permit files in accordance with section 2.10.800. Conduct Substantial Damage (SD) 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 section 2.10.400.B) 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.

B.    The Floodplain Administrator shall make interpretations where needed, as to exact location of the boundaries of the special flood hazard areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of section 60.6 of the Rules and Regulations of the National Flood Insurance Program (44 CFR 59-76). [Ord. 505 § 2 (Exh. B), 2020].

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 section 2.10.400.B. The development permit shall be required for all structures, including manufactured dwellings, and for all other development, as defined in section 2.10.300, including fill and other development activities.

Development proposals within the Special Flood Hazard Area Overlay District shall be reviewed under a Type II procedure. Development approval within the Special Flood Hazard Area Overlay District shall be obtained before construction or development begins within any area of special flood hazard as established by this chapter. Approval shall be required for all structures, stream bank erosion control or enhancement projects, and development.

B.    Application for Development Permit.

1.    Application for a development within the SFHA shall be filed on forms furnished by the Floodplain Administrator. In addition to any other required materials for the applicable application, the submittal must include plans 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. The following information is also required:

a.    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 section 2.10.800.

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

c.    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 section 2.10.2000.C.

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

e.    Base Flood Elevation data for subdivision proposals or other development when required per sections 2.10.700 and 2.10.1500.

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

g.    The amount and location of any fill or excavation activities proposed. [Ord. 505 § 2 (Exh. B), 2020].

The following standards apply to all development and land divisions within the Special Flood Hazard Area Overlay District or area of special flood hazard in the City and its urbanizable areas:

A.    In all areas of special flood hazard within the City and its urbanizable area as determined in Section 2.10.100, where base flood elevation data has been provided, the following provisions apply to all new and reconstructed structures:

1.    Setbacks.

a.    The purpose of setback requirements is to not encroach upon Whychus Creek and to protect structures from erosion and flooding while also allowing an economic use of the land.

b.    The setback standards herein are to be used in combination with setback standards of the underlying district, with the more restrictive setbacks superseding the less restrictive setbacks.

c.    All portions of new structures shall be sited within a distance of 1/2 the depth of the lot, away from the area of special flood hazard, measuring from the lot line opposite of the area of special flood hazard. The depth of the lot shall be determined by averaging the side lot lines. For example, if a lot is 150 ft. deep, all new structures shall be within 75 ft. of the lot line opposite to Whychus Creek. Setback standards of the underlying district apply in addition to this general setback standard.

d.    Existing dwellings may be expanded, but not towards Whychus Creek. Existing setbacks from dwellings to Whychus Creek shall not be decreased as a result of expansions.

e.    These setback requirements seek to decrease risks to structures from erosion and flooding. Where the literal application of the setback standards conflict with the purposes of this Chapter, a Major Variance may be used to allow placement of new structures to achieve this Chapter’s purposes.

B.    Subdivision and partition proposals, for properties not entirely within the Special Flood Hazard Area Overlay District or area of special flood hazard shall have:

1.    All new lots created result in a minimum of 2,000 sq. ft. of land area outside of the special flood hazard area to serve as building envelopes.

2.    Measures to minimize flood damage.

3.    Public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

4.    Adequate drainage provided to reduce exposure to flood damage.

5.    Measures to prevent erosion and, where applicable, stream bank enhancement methods are incorporated into the subdivision design. [Ord. 505 § 2 (Exh. B), 2020].

The issuance of a SFHA 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 SFHA variance.

A.    Conditions for SFHA Variances.

1.    Generally, SFHA 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 (6) of this section. As the lot size increases beyond one-half acre, the technical justification required for issuing a SFHA variance increases.

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

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

4.    SFHA variances shall only be issued upon:

a.    A showing of good and sufficient cause;

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

c.    A determination that the granting of a SFHA 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 Chapters.

5.    SFHA variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation of historic structures will not preclude the structure’s continued designation as a historic structure and the SFHA variance is the minimum necessary to preserve the historic character and design of the structure.

6.    SFHA 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 (5) 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.    SFHA Variance Notification. Any applicant to whom a SFHA variance is granted shall be given written notice that the issuance of a SFHA 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 SFHA variance actions, including justification for their issuance, shall be maintained in accordance with section 2.10.800. [Ord. 505 § 2 (Exh. B), 2020].

A.    General Standards. In all special flood hazard areas, the following standards shall be adhered to:

1.    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 sections 2.10.900.B and C.

2.    Anchoring.

a.    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.

b.    All manufactured dwellings shall be anchored per section 2.10.2000.D.

3.    Construction Materials and Methods.

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

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

B.    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 floodwaters into the system.

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

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 BFE level plus 1.0' 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:

a.    If replaced as part of a substantial improvement shall meet all the requirements of this section.

3.    Tanks.

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

b.    Above-ground tanks shall be installed at or above the BFE base flood level plus 1.0' or shall be anchored to prevent flotation, collapse, and lateral movement under conditions of the base flood. [Ord. 505 § 2 (Exh. B), 2020].

A.    All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, shall include within such proposals, Base Flood Elevation data.

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

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

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

3.    Have adequate drainage provided to reduce exposure to flood hazards. [Ord. 505 § 2 (Exh. B), 2020].

A.    When Base Flood Elevation data has not been provided in accordance with section 2.10.400.B 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 sections 2.10.1400 through 2.10.2100. All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) must meet the requirements of section 2.10.1500.

B.    Base Flood Elevations shall be determined for development proposals that are 5 acres or more in size or are 50 lots or more whenever there is not 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, but at a minimum shall be at least 2 feet above the adjacent grade. [Ord. 505 § 2 (Exh. B), 2020].

In coordination with the State of Oregon Specialty Codes:

A.    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.

B.    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. 505 § 2 (Exh. B), 2020].

Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area. Construction of new critical facilities shall be permissible within the SFHA only if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three (3) feet above the base flood elevation (BFE) or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility shall also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. [Ord. 505 § 2 (Exh. B), 2020].

These specific standards shall apply to all new construction and substantial improvements in addition to the General Standards contained in Section 2.10.1400(A)(1).

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 crawl spaces, 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 (1) 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 section 2.10.2100;

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 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 section 2.10.1400.A; 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 section 2.10.2000.F or non-residential structures in section 2.10.2000.C depending on the square footage of the garage. [Ord. 505 § 2 (Exh. B), 2020].

In addition to the general standards listed in section 2.10.1400.A 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.

A.    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.

B.    Residential Construction.

1.    New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at or above the Base Flood Elevation (BFE) plus 1.0'.

2.    Enclosed areas below the lowest floor shall comply with the flood opening requirements in section 2.10.1900.A.

C.    Non-Residential Construction.

1.    New construction and substantial improvement of any non-residential structure shall:

a.    Have the lowest floor, including basement elevated at or above one (1) foot above the Base Flood Elevation (BFE);

Or, together with attendant utility and sanitary facilities,

b.    Be floodproofed so that below the base flood elevation level the structure is watertight with walls substantially impermeable to the passage of water;

c.    Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

d.    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 in section 2.10.1900.

2.    Non-residential structures that are elevated, not floodproofed, shall comply with the standards for enclosed areas below the lowest floor in section 2.10.1900.

3.    Applicants floodproofing non-residential buildings shall be notified that flood insurance premiums will be based on rates that are one (1) foot below the floodproofed level (e.g., a building floodproofed to the base flood level will be rated as one (1) foot below that level).

4.    Applicants shall supply a maintenance plan for the entire structure to include but not limited to: exterior envelope of structure; all penetrations to the exterior of the structure; all shields, gates, barriers, or components designed to provide floodproofing protection to the structure; all seals or gaskets for shields, gates, barriers, or components; and, the location of all shields, gates, barriers, and components, as well as all associated hardware, and any materials or specialized tools necessary to seal the structure.

5.    Applicants shall supply an Emergency Action Plan (EAP) for the installation and sealing of the structure prior to a flooding event that clearly identifies what triggers the EAP and who is responsible for enacting the EAP.

D.    Manufactured Dwellings.

1.    New or substantially improved manufactured dwellings supported on solid foundation walls shall be constructed with flood openings that comply with section 2.10.1900.A;

2.    The bottom of the longitudinal chassis frame beam shall be at or above Base Flood Elevation;

3.    New or substantially improved manufactured dwellings 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;

4.    Electrical crossover connections shall be a minimum of twelve (12) inches above Base Flood Elevation (BFE).

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

1.    Be on the site for fewer than 180 consecutive days, 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

2.    Meet the requirements of subsection (D) of this section, including the anchoring and elevation requirements for manufactured dwellings.

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

1.    Appurtenant structures located partially or entirely within the floodway must comply with requirements for development within a floodway found in section 2.10.2100.

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

3.    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 (2) 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 non-residential are limited in size to 120 square feet.

4.    The portions of the appurtenant structure located below the Base Flood Elevation must be built using flood resistant materials.

5.    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.

6.    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 section 2.10.1900.A.

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

8.    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 section 2.10.1400.B(3).

9.    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.

G.    Below-Grade Crawl Spaces.

1.    The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Hydrostatic loads and the effects of buoyancy can usually be addressed through the required flood openings stated in Section 2.10.1900.A. Because of hydrodynamic loads, crawl space construction is not allowed in areas with flood velocities greater than five (5) feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer. Other types of foundations are recommended for these areas.

2.    The crawl space is an enclosed area below the Base Flood Elevation (BFE) and, as such, must have openings that equalize hydrostatic pressures by allowing the automatic entry and exit of floodwaters. The bottom of each flood vent opening can be no more than one (1) foot above the lowest adjacent exterior grade.

3.    Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawl space used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE. The recommended construction practice is to elevate the bottom of joists and all insulation above BFE.

4.    Any building utility systems within the crawl space must be elevated above BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. Ductwork, in particular, must either be placed above the BFE or sealed from floodwaters.

5.    The interior grade of a crawl space below the BFE must not be more than two (2) feet below the lowest adjacent exterior grade.

6.    The height of the below-grade crawl space, measured from the interior grade of the crawl space to the top of the crawl space foundation wall must not exceed four (4) feet at any point. The height limitation is the maximum allowable unsupported wall height according to the engineering analyses and building code requirements for flood hazard areas.

7.    There must be an adequate drainage system that removes floodwaters from the interior area of the crawl space. The enclosed area should be drained within a reasonable time after a flood event. The type of drainage system will vary because of the site gradient and other drainage characteristics, such as soil types. Possible options include natural drainage through porous, well-drained soils and drainage systems such as perforated pipes, drainage tiles or gravel or crushed stone drainage by gravity or mechanical means.

8.    The velocity of floodwaters at the site shall not exceed five (5) feet per second for any crawl space. For velocities in excess of five (5) feet per second, other foundation types should be used. [Ord. 505 § 2 (Exh. B), 2020].

Located within the special flood hazard areas established in section 2.10.400.B 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:

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

1.    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

2.    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 Volume 44 of the Code of Federal Regulations, section 65.12 are fulfilled.

3.    If an encroachment proposal resulting in an increase in Base Flood Elevation meets the following criteria:

a.    Is for the purpose of fish enhancement,

b.    Does not involve the placement of any structures (as defined in section 2.10.300) within the floodway,

c.    Has a feasibility analysis completed documenting that fish enhancement will be achieved through the proposed project,

d.    Has a maintenance plan in place to ensure that the stream carrying capacity is not impacted by the fish enhancement project,

e.    Has approval by the National Marine Fisheries Service, the State of Oregon Department of Fish and Wildlife, or the equivalent federal or state agency, and

f.    Has evidence to support that no existing structures will be negatively impacted by the proposed activity;

Then an approved CLOMR may be required prior to approval of a floodplain permit.

B.    If the requirements of subsection (A) of this section are satisfied, all new construction, substantial improvements, and other development shall comply with all other applicable flood hazard reduction provisions of sections 2.10.1400 through 2.10.2100. [Ord. 505 § 2 (Exh. B), 2020].

Prior legislation: Ord. 486.

A.    Purpose

This overlay zone is intended to prevent the establishment of airspace obstructions within the Sisters Eagle Air Airport approach surfaces that are located within the City of Sisters city limits. The protection of the Airport Imaginary Surfaces will be accomplished through height restrictions and other land use controls as deemed essential to protect the health, safety and welfare of the people of the City of Sisters.

1.    In order to carry out the provisions of this overlay zone there is hereby created an Airport Imaginary Surfaces Map that pertains to the Sisters Eagle Air Airport Imaginary Surfaces that are located within the City of Sisters city limits.

2.    The airport overlay zone requirements have been designed to comply with the provisions of the following legislation:

a.    Federal Aviation Regulations, Part 77 – Objects Affecting Navigable Airspace

b.    Oregon Administrative Rules, Chapter 738, Division 70, Physical Hazards to Air Navigation

c.    Oregon Revised Statutes Section 836.310, Airports and Landing Fields

d.    The Land Conservation and Development Commission Transportation Planning Rule

e.    Goal 12 – Transportation, of the Oregon Land Conservation and Development Commission Statewide Planning Goals and Guidelines, Planning Guideline 2 and Implementation Guideline 3.

f.    Policy 12 and 13 from the Transportation section of the Sisters Urban Area Comprehensive Plan.

In addition to complying with the provisions of the primary zoning district, all uses and activities shall comply with the provisions of this Airport Overlay Zone. In the event of conflict between any provisions of this overlay zone and the primary zoning district, the more restrictive provision shall apply.

1.    Airport Approach Safety Zone. The land that underlies the Approach Surface, excluding the Runway Protection Zone.

2.    Airport Elevation. The runway elevation above mean sea level (MSL): 3,165 feet (MSL).

3.    Airport Hazard. Any structure, tree or use of land which exceeds height limits established by the Airport Imaginary Surfaces.

4.    Airport Imaginary Surfaces. Those imaginary areas in space which are defined by the Approach Surface, Transitional Surface, Horizontal Surface and Conical Surface and in which any object extending above these imaginary surfaces is an obstruction.

5.    Approach Surface. A surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the Primary Surface. The inner edge of the approach surface is the same width as the Primary Surface and extends to a width of 1,250 feet for a utility runway having only visual approaches. The Approach Surface extends for a horizontal distance of 5,000 feet at a slope of 20 feet outward for each foot upward (20:1).

6.    Conical Surface. Extends 20 feet outward for each one foot upward (20:1) for 4,000 feet beginning at the edge of the horizontal surface (5,000 feet from the center of each end of the Primary Surface of each visual and utility runway) and upward extending to a height of 350 feet above the airport elevation.

7.    Horizontal Surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of 5,000 feet from the center of each end of the Primary Surface and connecting the adjacent arcs by lines tangent to those arcs for a utility runway having only visual approaches.

8.    Noise Sensitive Areas. Within 1,500 feet of an airport or within established noise contour boundaries exceeding 55 Ldn.

9.    Place of Public Assembly. Structure of place which the public may enter for such purposes as deliberation, education, worship, shopping, entertainment, amusement, awaiting transportation or similar activity.

10.    Primary Surface. A surface longitudinally centered on a runway. The Primary Surface extends 200 feet beyond each end of the runway when the runway has a specially prepared hard surface. The width of the Primary Surface is 250 feet for utility runways having only visual approaches.

11.    Runway Protection Zone (RPZ). An area off the runway end (formerly the clear zone) used to enhance the protection of people and property on the ground. The RPZ is trapezoidal in shape and centered about the extended runway centerline. It begins 200 feet beyond the end of the areas usable for takeoff or landing, at a width of 250 feet and extends 1000 feet to a width of 450 feet for utility runways having only visual approaches.

12.    Structure. Any manmade object either permanent or temporary, including mobile objects.

13.    Transitional Surfaces. Extends seven feet outward for each one foot upward (7:1) beginning on each side of the Primary Surface which point is the same elevation as the runway surface, and from the sides of the approach surfaces thence extending upward to a height of 150 feet above the airport elevation (Horizontal Surface).

14.    Tree. Any object of natural growth.

15.    Utility Runway. A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight or less: Runway 02/20.

16.    Visual Runway. A runway that is intended solely for the operation of aircraft using visual approach procedures with no instrument approach procedures that has been approved, or planned, or indicated on an FAA or state planning document or military service airport planning document: Runway 02/20.

1.    Uses permitted in underlying zone district. Uses listed as permitted or conditional in the underlying zone are allowed within the Airport Overlay District unless prohibited in Section 2.11.500 or the development limitations of Section 2.11.600.

2.    Determination of Similar Land Uses. Similar use determinations shall be made in conformance with the procedures in Chapter 4.8 – Code Interpretations.

1.    New structures or buildings are not allowed within the Runway Protection Zone.

2.    New places of public assembly designed to accommodate 50 people or more are not allowed on land zoned Urban Reserve District (UR) within the first 1,500 feet of the Approach Safety Zone. Please see Chapter 2.9 Urban Area Reserve District (UAR) for the specific regulations regarding this zone.

3.    New wetland enhancements including migratory bird refuges, water impoundment(s), landfills, waste disposal sites, commercial bird farms or similar uses individually exceeding two (2) acres in size that attract and sustains flocks of birds are not allowed on land beneath the Horizontal Surface.

4.    New uses that interfere with aviation due to height of structures, glare from buildings, smoke, or safety considerations are not allowed. Specific evidence of aviation interference must be demonstrated before a use (not listed above) is prohibited. The evidence must show that the use will regularly produce an interference listed above, based on its normal operating characteristics.

1.    No new structure, except one customarily used for aeronautical purposes, shall penetrate into the Airport Imaginary Surfaces as defined in section 2.11.300.

2.    No glare producing material (unpainted metal, reflective glass, and similar materials, etc.) shall be used on the exterior of structures within the Airport Approach Safety Zone.

3.    In noise sensitive areas (within 1,500 feet of the airport runway) a Declaration of anticipated noise from aircraft shall be recorded against the property in the deed records of Deschutes County. Property owners or their representatives are responsible for providing the recorded instrument prior to issuance of building permits or final plat approval for land divisions.

4.    Within the first 1500 feet of the Airport Approach Safety Zone, a Hold Harmless Agreement and Aviation and Hazard Easement shall be attached to any building permit for residential or places of public assembly, and shall be recorded against the property in the deed records of Deschutes County. Property owners or their representatives are responsible for providing the recorded instrument prior to issuance of building permits.

(See also Chapter 5.2)

1.    The regulations for this overlay district shall not be construed to require the removal, lowering, or alteration of any structure not conforming to such regulations. The regulations shall not require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this Airport Overlay Zone.

2.    Notwithstanding the preceding provision of this section, the owner of any existing structure that has an adverse effect on air navigation as determined by Oregon Department of Aviation is hereby required to permit the installation, operation, and maintenance of obstruction markers as deemed necessary by the Oregon Department of Aviation. Certain objects and structures must be marked to make them more visible to pilots. The installation of any such markers will be based on the characteristics of the structure including location, size or height, shape, function and permanence in addition to effects on air navigation. [Ord. 533 § 3 (Exh. G), 2023].

(See also Chapter 4.1 for Applications and Review Procedures that are also applicable to this Overlay District.)

1.    All proposed development and uses within the overlay zone are subject to site plan review to determine compliance with the provisions of this district. All land use and building permit applications shall provide a site plan showing:

a.    Property boundary lines and elevations as they relate to the Airport Imaginary Surfaces.

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

2.    All applications requiring site plan approval within the Airport Imaginary Surfaces and noise corridors shall be submitted to the Oregon Department of Aviation. The Oregon Department of Aviation has 10 days from date of receipt of an application to review and return comments to the Planning Department. [Ord. 533 § 3 (Exh. G), 2023].

(See also Chapter 5.1)

1.    Any person desiring to erect or increase the height of any structure, or use not in accordance with provisions prescribed in this Ordinance may apply for a variance.

2.    Application for Variance must be accompanied by a determination from Oregon Department of Aviation and the Federal Aviation Administration as to the effect of the proposal on the safe and efficient use of navigable airspace.

3.    Any variance granted may be conditioned as to require the owner of the structure to install, operate and maintain, at the owner’s expense, obstruction markers.

4.    Procedures for a Variance follow those outlined in Chapter 5.1. [Ord. 533 § 3 (Exh. G), 2023].

The purpose of the Sun Ranch Tourist Commercial district is to establish landmark lodging, dining, and recreation destinations and gathering places for business travelers, tourists and the residents of the area. The district is for commercial properties in transition areas between residential, light industrial and commercial areas. This district establishes commercial uses to complement adjacent mixed-use light industrial and residential districts. Another purpose of this district is to provide flexibility for expansion of lodging facilities and improve accessory components of the commercial lodging establishment such as meeting facilities, restaurant, bar, neighborhood market, etc. [Ord. 538 § 2 (Exh. B), 2024].

The standards of the Sun Ranch Tourist Commercial district, as provided for in this section, shall apply to those areas designated Sun Ranch Tourist Commercial district on the City’s Zoning Map. All structures within the Sun Ranch Tourist Commercial district shall meet the design requirements contained in the Special/Limited Use Standards in this chapter. [Ord. 538 § 2 (Exh. B), 2024].

A.    Permitted uses. Uses permitted in the TC District are listed in Table 2.12.300 with a “P.” These uses are allowed if they comply with the development standards and other regulations of this Code. Being listed as a permitted use does not mean that the proposed use will be granted an exception or variance to other regulations of this Code.

B.    Special Provisions. Uses that are allowed in the TC District subject to special provisions are listed in Table 2.12.300 with an “SP.” These uses are allowed if they comply with the special provisions in Chapter 2.15.

C.    Conditional uses. Uses that are allowed in the TC District with approval of a conditional use permit are listed in Table 2.12.300 with either a Minor Conditional Use “MCU” or a Conditional Use “CU.” These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 4.4 of this Code.

D.    Similar uses. Similar use determinations shall be made in conformance with the procedures in Chapter 4.8 – Code Interpretations.

    Key: P = Permitted SP = Special Provisions
MCU = Minor Conditional Use Permit CU = Conditional Use Permit

E.    Formula Food Establishments. The City of Sisters has developed a unique community character in its commercial districts. The City desires to maintain this unique character and protect the community’s economic vitality by ensuring a diversity of businesses with sufficient opportunities for independent entrepreneurs. To meet these objectives, the City does not permit Formula Food Establishments within this zone. [Ord. 538 § 2 (Exh. B), 2024].

Lot requirements for the Sun Ranch Tourist Commercial district will be determined by the spatial requirements for that use, associated landscape areas, and off-street parking requirements. [Ord. 538 § 2 (Exh. B), 2024].

No building or structure shall be hereafter erected, enlarged or structurally altered to exceed a height of 30 feet. [Ord. 538 § 2 (Exh. B), 2024].

All building setbacks within the Sun Ranch Tourist Commercial district shall be measured from the property line to the building wall or foundation, whichever is less.

Decks and/or porches greater than 30" in height that require a building permit are not exempt from setback standards. Setbacks for decks and porches are measured from the edge of the deck or porch to the property line. The setback standards listed below apply to primary structures as well as accessory structures. A Variance is required in accordance with Chapter 5.1 to modify any setback standard.

A.    Front Yard Setback

New buildings shall be at least ten feet from the edge of the right-of-way.

B.    Side Yard Setback

There is no minimum side yard setback required except where clear vision standards apply. A 10-foot setback is required for side yards that are adjacent to a street. Buildings shall conform to applicable fire and building codes.

C.    Rear Yard Setback

There is no minimum rear yard setback required except where clear vision standards apply. Buildings shall conform to applicable fire and building codes.

D.    Buffering

Any outside storage area (including trash/recycling receptacles) associated with a use on any site shall be buffered by masonry wall, site obscuring fencing or other measures using materials that are compatible with the color and materials of the primary buildings on site. [Ord. 538 § 2 (Exh. B), 2024].

There is no maximum lot coverage requirement, except that complying with other sections of this code (landscape and pedestrian circulation, parking, etc.) may preclude full lot coverage for some land uses. [Ord. 538 § 2 (Exh. B), 2024].

The off-street parking requirements for uses in the Sun Ranch Tourist Commercial district may be satisfied by off-site parking lots or garages per Chapter 3.3. Parking Location and Shared Parking. Parking requirements for uses are established by Chapter 3.3 – Vehicle and Bicycle Parking, of the Sisters Development Code. [Ord. 538 § 2 (Exh. B), 2024].

A minimum of 10 percent of the gross site area of proposed developments shall be landscaped according to Chapter 3.2 of the Sisters Development Code. [Ord. 538 § 2 (Exh. B), 2024].

Development is subject to the applicable defensible space standards in Chapter 3.7 SDC. [Ord. 543 § 2 (Exh. J), 2025].

A.    Neighborhood Market

A neighborhood market shall:

1.    Be focused on meeting the needs of the Sun Ranch Mixed Use Community residents, workers and guests.

2.    Such uses shall not operate past 10:00 p.m.

3.    Repealed by Ord. 538.

4.    Such uses shall not exceed 1,000 square feet, excluding storerooms.

B.    Retail Sales Establishment.

1.    Such uses shall not exceed 1,000 square feet per lot, excluding storerooms.

C.    RV Parks. In addition to the standards of SDC 2.15.1700, the following are applicable to RV parks in the TC District:

1.    Residential use and occupancy is not permitted, except for caretaker’s quarters.

2.    No more than 65% of the area of the lot or tract on which an RV park is proposed may contain the improvements associated with the use. Improvements shared with other uses of the property or tract (e.g., drive aisles, parking, amenities) shall not be included in the measurement. The area shall be measured along the outermost perimeter of the improvements associated with the RV Park use.

3.    At least two amenities below or similar amenities must be provided prior to opening an RV park (amenities shall occupy at least 10,000 square feet combined):

a.    Fishing pond.

b.    Decks, docks and other areas to enjoy the pond.

c.    Sport court(s), such as pickleball, bocci ball, basketball, or similar.

d.    Fenced dog park.

e.    Multi-use trails and paths.

f.    Playground.

g.    Small stage.

h.    Fire pits.

D.    For purposes of the Sun Ranch Tourist Commercial zone, “Lodging Facilities” means any building, structure, or improvement used to provide temporary sleeping accommodations to the public for charge. For the purposes of this definition, improvement includes, but is not limited to, permanently installed recreational vehicles, cabins, and similar facilities for temporary occupancy. [Ord. 543 § 2 (Exh. J), 2025; Ord. 538 § 2 (Exh. B), 2024. Formerly 2.13.1000].

The purpose of the Sun Ranch Residential district is to provide an opportunity for housing for persons who work or own businesses within the Sun Ranch Tourist Commercial district, and neighboring North Sisters Business Park district. Another purpose of the Sun Ranch Residential District is to provide a residential transition area from the urban uses within the City to the low density, rural uses beyond the City limits. Development standards aim at providing flexibility in lot sizes and setbacks in order to cluster homes and protect open spaces. Residential density is relatively low in the sub-district to transition between uses.

The standards of the Sun Ranch Residential district, as provided for in this section, shall apply to those areas designated Sun Ranch Residential district on the City’s Zoning Map. All structures within the Sun Ranch Residential district shall meet the design requirements contained in the Special/Limited Use Standards in this chapter.

All uses within the Sun Ranch Residential district are subject to the requirements of the Airport Overlay District as outlined in section 2.11 of the Sisters Development Code as applicable.

A.    Permitted uses. Uses permitted in the Sun Ranch Residential (SRR) are listed in Table 2.13.300 A with a “P.” These uses are allowed if they comply with the development standards and other regulations of this Code. Being listed as a permitted use does not mean that the proposed use will be granted an exception or variance to other regulations of this Code.

B.    Special Provisions. Uses that are allowed in the Sun Ranch Residential (SRR) subject to limitations are listed in Table 2.13.300 A with an “SP.” These uses are allowed if they comply with the special provisions in Chapter 2.15.

C.    Conditional uses. Uses that are allowed in the Sun Ranch Residential (SRR) with approval of a conditional use permit are listed in Table 2.13.300 A with either a Minor Conditional Use “MCU” or a Conditional Use “CU.” These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 4.4 of this Code.

D.    Similar uses. Similar use determinations shall be made in conformance with the procedures in Chapter 4.8 – Code Interpretations.

    Key: P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

[Ord. 489 § 2 (Exh. B), 2018].

A.    Lot size and frontage

The minimum lot size for a single-family dwelling is 2,000 square feet. Single-family dwelling lot sizes for subdivisions may be averaged. Other requirements of the Development Code must be met and may preclude lots from being developed at or below the minimum lot size. All lots within the Sun Ranch Residential district shall have frontage on a private or public street, unless lots without frontage are approved during subdivision review process upon a finding that physical access to the lots by residents is effectively assured by other means. Lot frontages, where required, shall be a minimum average width of 30 feet as determined during subdivision, but no lot shall be less than 20 feet wide.

No building or structure shall be hereafter erected, enlarged or structurally altered to exceed a height of 25 feet.

All building setbacks within the Sun Ranch Residential district shall be measured from the property line to the building wall or foundation, whichever is less.

Decks and/or porches greater than 30" in height that require a building permit are not exempt from setback standards. Setbacks for decks and porches are measured from the edge of the deck or porch to the property line. The setback standards listed below apply to primary structures as well as accessory structures. A Variance is required in accordance with Chapter 5.1 to modify any setback standard.

A.    Front Yard Setback

The minimum front yard setback is 10 feet except that a porch may encroach 3 feet into the required front yard setback, except the minimum setback adjacent to Camp Polk Road is 20 foot. For those lots that have garages on site that are accessed from the front yard, the front of the garage door shall be setback 20 feet from the front property line.

B.    Side Yard Setback

There is no minimum side yard setback required except where clear vision standards apply and except the minimum setback adjacent to Camp Polk Road is 20 feet.

When a zero lot line house shares a side property line with a non-zero lot line development, the zero lot line building shall be setback from the non-zero property line by a minimum of 10 feet.

C.    Rear Yard Setback

There shall be a minimum of a 5-foot rear yard setback except the minimum setback adjacent to Camp Polk Road is 20 foot.

D.    Boundary Yard Setback

A boundary setback is established for all buildings for a distance of 24 feet as shown in Figure 2.13.600 in lieu of setbacks in 2.13.600 A-C. The property within the boundary setback area shall be commonly owned or maintained.

1.    Special Setbacks. The special setback for residences proposed on the north side of the road to serve the Sun Ranch Residential district that are subject to the 24-foot Boundary Yard Setback shall be 14 feet from the edge of the Boundary Yard Setback. Accessory structures proposed on properties subject to the 24-foot Boundary Yard Setback that are less than 12 feet in height shall be setback at least 2 feet from the Boundary Yard Setback line with a landscape buffer between the accessory structure and boundary setback. Accessory structures taller than 12 feet proposed on properties subject to the 24-foot Boundary Yard Setback shall meet the setbacks for residential structures.

Figure 2.13.600

E.    Building Orientation

Buildings shall have their primary entrance oriented towards the adjacent street frontage or common access/area that provides access to the lot.

F.    Access Spacing

Driveway accesses onto local public streets except Camp Polk Road shall be separated from other driveways by a minimum of 15 feet (as measured from the sides of the driveway). Driveway spacing on Camp Polk Road (collector road) shall be governed by the City’s Transportation Systems Plan. Shared driveways shall be utilized if needed to meet this requirement.

The maximum lot coverage for all structures is 60%.

The off-street parking requirements for uses in the Sun Ranch Residential district may be satisfied by off-site parking lots, structures, or garages per Chapter 3.3 – Vehicle and Bicycle Parking. Parking requirements for uses are established by Chapter 3.3 – Vehicle and Bicycle Parking, of the Sisters Development Code. For residential units, a minimum of one garage per unit. For example, if two off-street parking spaces are required per unit, one must be enclosed.

A minimum of 20 percent of the gross lot area of proposed developments shall be landscaped according to Chapter 3.2 of the Sisters Development Code.

Development is subject to the applicable defensible space standards in Chapter 3.7 SDC. [Ord. 543 § 2 (Exh. K), 2025].

A.    Residential Uses

1.    The number of residential units within the Sun Ranch Residential district shall not exceed 45.

2.    No more than four (4) attached townhomes or zero lot line dwelling units in a row may be permitted.

3.    Construction and Maintenance Easement. Prior to building permit approval, the applicant shall submit a copy of a recorded easement for every zero-lot line house that guarantees rights for the purpose of construction and maintenance of structures and yards for the affected adjoining property. The easement shall stipulate that no fence or other obstruction shall be placed in a manner that would prevent maintenance of structures on the subject lot.

4.    Prior to approval of building permits for structures containing residential units, the owner(s) of the property shall sign, notarize, and record a waiver of remonstrance prohibiting resident(s) and owners and all successors of the proposed residential units from making complaints or claims against permitted uses on adjacent light industrial lands. A copy of the recorded waiver of remonstrance shall be provided to the City at the time of application for said building permit. The waiver of remonstrance shall not preclude the ability of residents from acting against uses that do not comply with applicable local, state, and federal health and safety regulations. [Ord. 543 § 2 (Exh. K), 2025. Formerly 2.13.1000].

The purpose of the North Sisters Business Park district is to create a mix of land uses that effectively transition between neighboring residential, light industrial, and commercial land uses. The primary uses are light manufacturing and professional services, but secondary uses such as retail and living quarters are allowed. The purposes of allowing light manufacturing and professional services as primary uses are to maximize economic opportunities for the city while also decreasing opportunities for environmentally disruptive high-impact industrial uses. The purpose of allowing living quarters and retail is to establish a more vibrant economic center with the presence of full-time residents, provide more affordable housing types in close proximity to jobs, create investment incentives to locate in the city, and as a transition to adjacent residential areas. Restrictions on living quarters and retail are established to prevent uses from gravitating away from light manufacturing and professional services towards retail and additional residential uses. Enhanced construction requirements for mixed use buildings are established to protect the long-term economic use of the land and promote compatibility between traditionally incompatible uses. Development standards also aim to create an attractive light industrial park that will contribute to the long term economic health and aesthetic character of the City of Sisters.

The standards of the North Sisters Business Park district, as provided for in this section, shall apply to those areas designated North Sisters Business Park district on the City’s Zoning Map. All structures within the North Sisters Business Park district shall meet the design requirements contained in the Special/Limited Use Standards in this chapter.

All uses within the North Sisters Business Park District are subject to the requirements of the Airport Overlay District as outlined in Chapter 2.11 of the Sisters Development Code as applicable.

A.    Permitted uses. Uses permitted in the North Sisters Business Park District (NSBP) are listed in Table 2.14.300A with a “P.” These uses are allowed if they comply with the development standards and other regulations of this Code. Being listed as a permitted use does not mean that the proposed use will be granted an exception or variance to other regulations of this Code.

B.    Special Provisions. Uses that are allowed in the North Sisters Business Park District (NSBP) subject to limitations are listed in Table 2.14.300A with an “SP.” These uses are allowed if they comply with the special provisions in Chapter 2.15.

C.    Conditional uses. Uses that are allowed in the North Sisters Business Park District (NSBP) with approval of a conditional use permit are listed in Table 2.14.300A with either a Minor Conditional Use “MCU” or a Conditional Use “CU.” These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 4.4 of this Code.

D.    Similar uses. Similar use determinations shall be made in conformance with the procedures in Chapter 4.8 – Code Interpretations.

Key: P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use

E.    Formula Food Establishments. The City of Sisters has developed a unique community character in its commercial districts. The City desires to maintain this unique character and protect the community’s economic vitality by ensuring a diversity of businesses with sufficient opportunities for independent entrepreneurs. To meet these objectives, the City does not permit Formula Food Establishments within this zone. [Ord. 533 § 3 (Exh. H), 2023; Ord. 489 § 2 (Exh. B), 2018; Ord. 486 § 2 (Exh. B), 2018].

A.    Lot size and frontage.

Lot requirements for the North Sisters Business Park district will be determined by the spatial requirements for that use, associated landscape areas and parking requirements. Each non-condominium lot shall have a minimum of 30 ft. of frontage on a public or private street to insure a minimum level of access to all newly created lots.

No building or structure shall be hereafter erected, enlarged or structurally altered to exceed a height of 30 feet. The maximum height may be increased to 35 feet when loft apartments are provided in the second story above a light industrial, professional service, retail trade, or public use.

All building setbacks within the North Sisters Business Park district shall be measured from the property line to the building wall or foundation, whichever is less.

Decks and/or porches greater than 30" in height that require a building permit are not exempt from setback standards. Setbacks for decks and porches are measured from the edge of the deck or porch to the property line. The setback standards listed below apply to primary structures as well as accessory structures. A Variance is required in accordance with Chapter 5.1 to modify any setback standard.

A.    Front Yard Setback

50% of the primary building facade measured horizontally from wall to wall shall be sited between 10 and 25 feet from the primary front property line. All outside storage areas shall be located at least 20 feet from the primary front property line.

B.    Side Yard Setback

Ten (10) feet. Lots having a side yard along the pedestrian paths or alley easements shall maintain a minimum of five (5) feet between the pedestrian path or alley easement and any structure.

C.    Rear Yard Setback

Ten (10) feet, except that buildings shall be setback 20 feet from any residential district. Lots having a rear yard along the pedestrian paths or alley easements shall maintain a minimum of five (5) feet between the pedestrian path or alley easement and any structure.

D.    Buffering

All outside storage areas (including trash/recycling receptacles) associated with a use on any site shall be buffered by a masonry wall, site obscuring fencing or other measures using materials that are compatible with the color and materials of the primary building on site. Such buffers shall not encroach into any required clear vision area. All outside storage areas shall be located at least 20 feet from the primary front property line.

E.    Building Orientation and Pedestrian Amenities

1.    Buildings shall have their primary entrance oriented towards the adjacent street frontage or common access/area that provides access to the lot.

2.    All buildings within the North Sisters Business Park district shall have a pedestrian connection from the sidewalk along the front lot line to the main entrance of the building on site.

3.    Recessed entrances, canopies or other similar features in proportion to the whole building shall be used at the entries to buildings in order to create a pedestrian scale.

The maximum lot coverage for all structures is 60%.

The off-street parking requirements for uses in the North Sisters Business Park district are established by Chapter 3.3 – Vehicle and Bicycle Parking, of the Sisters Development Code.

A minimum of 20 percent of the gross site area of proposed developments shall be landscaped according to Chapter 3.2 of the Sisters Development Code.

Development is subject to the applicable defensible space standards in Chapter 3.7 SDC. [Ord. 543 § 2 (Exh. L), 2025].

A.    Loft Apartments

Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district. As such, they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit.

1.    A loft apartment unit is a dwelling unit on the second story above a light industrial or commercial use.

2.    A maximum of 4 loft apartment units shall be permitted per lot.

3.    Separate ingress/egress shall be provided for the loft apartments and other entrances (emergency) shall be provided as required by applicable building codes.

4.    A maximum of 60 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Sun Ranch Mixed Use Community. This includes lots 1-20 of the Sun Ranch Phase 1 subdivision.

5.    A maximum of 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park, lots 1-8.

6.    Prior to approval of building permits for structures containing loft apartment(s), the owner of the property shall sign, notarize and record a waiver of remonstrance prohibiting resident(s) and owner(s) and all successors of the proposed loft apartment(s) from making complaints or claims against permitted uses on the subject property and surrounding commercial and light industrial lands. Such waivers shall utilize the City’s waiver form or must be reviewed and approved by the City of Sisters prior to recording. A copy of the recorded waiver of remonstrance shall be provided to the City at the time of application for said building permit. The waiver of remonstrance shall not preclude the ability of residents from acting against uses that negligently cause property damage or injury, or do not comply with the air emission standards listed below.

7.    The second story floor between the commercial or light industrial use and loft apartments shall achieve a Sound Transmission Class rating of 60 to 64.

8.    The minimum number of parking spaces required per loft apartment shall be 1.5 per loft unit. Parking spaces must be provided on the same lot as the loft units. The total parking requirements for a lot, when other than a whole number, shall be rounded up.

9.    Proposals for buildings and site plans containing loft apartments shall explicitly state the proposed light industrial and commercial uses occurring in proposed buildings. Land use approvals shall be limited to disclosed and approved uses, unless and until a change of use is approved by the City.

B.    Light Industrial and Commercial Uses

1.    Impacts disclosure for mixed-use loft apartment buildings. The following requirements apply to all new, remodeled, or enlarged uses occurring on lots or in structures containing loft apartments.

a.    All odor, noise, vibration, or sound created by the proposed light-industrial and commercial use that negatively impact or cause hazards to residents of the loft apartments shall be disclosed prior to land use approval. During site plan review, including a change of use if applicable, the property owner shall demonstrate that the proposed use will not pose a hazard to residents of the loft apartments located above the use in order to obtain approval of the use. Reasonable conditions of approval may be imposed to insure compatibility between the residential, light industrial and commercial uses.

b.    Hours of operation and deliveries shall be disclosed.

c.    There shall be no emission of odorous, toxic, noxious matter or dust in such quantities from industrial operations as to produce a public nuisance or hazard. All emissions shall meet DEQ standards.

d.    Changes of use shall require Site Plan Review per Chapter 4.2, if applicable.

2.    Auto-dependent uses. All auto-dependent uses shall meet the following guidelines:

a.    All storage, parking of vehicles to be serviced, and service of vehicles shall occur within fully enclosed buildings or carports or a sight obscuring fence such as wood or vinyl, excluding slat fences.

3.    Direct sale of products produced on site to the public as an accessory use in an area less than 1,000 sq. ft. of same building is allowed on all lots and does not count towards the ten lot retail and personal service use maximum in 2.14.1100.C.

C.    Retail and Personal Services

1.    A maximum of ten (10) lots (each) within the North Sisters Business Park district zoned areas of the Sun Ranch Mixed Use Community and Three Sisters Business Park may contain retail and personal service uses. Direct sale of products produced on site to the public as an accessory use in an area less than 1,000 sq. ft. of same building is allowed on all lots and does not count towards the maximum.

2.    A maximum of 10,000 square feet of retail trade and personal service uses are allowed per lot in the North Sisters Business Park district zoned portions of the Sun Ranch Mixed Use Community. A maximum of 11,000 square feet of retail trade and personal service uses are allowed per lot in the North Sisters Business Park district portions of the Three Sisters Business Park. However, limitations in 2.14.1100.C.1, C.3, and C.4. may preclude developing some or all retail trade and personal services on any lot. Direct sale of products produced on site to the public as an accessory use in an area less than 1,000 sq. ft. of the same building is allowed on all lots and does not count towards the maximum.

3.    A maximum of 50,000 square feet of retail trade uses are allowed in the North Sisters Business Park district zoned portions of the Sun Ranch Mixed Use Community. A maximum of 55,000 square feet of retail trade uses are allowed in the North Sisters Business Park district zoned portions of the Three Sisters Business Park.

4.    A maximum of 50,000 square feet of personal service uses are allowed in the North Sisters Business Park district zoned portions of the Sun Ranch Mixed Use Community. A maximum of 55,000 square feet of personal service uses are allowed in the North Sisters Business Park district zoned portions of the Three Sisters Business Park.

5.    All limitations in 2.14.1100.C.1-4 must be met in order to receive land use approval for retail and personal service uses.

D.    Design Standards for Mini-Storage

A “mini-storage” is a “self-service storage facility.” It is real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to the space for the purpose of storing and removing personal property on a self-service basis, but does not include a garage or other storage area in a private residence.

1.    Site Design Requirements:

a.    Site Entrances: One or more secured ingress and egress entrance drives shall be provided as approved by the 3 Sisters ARC and the City of Sisters. The drive(s) shall be designed to provide separate lanes for entering and exiting traffic so that either lane can be used for emergency vehicle access.

b.    Access: shall be controlled by a security system consisting of key or keypad -controlled gate arms, gates or similar devices. Each lessee shall have key access or pass code access through the security system. The system shall be approved by the 3 Sisters ARC.

c.    Parking: Parking shall conform to the standards per the City of Sisters Development Code.

d.    On-site circulation and driveways: All two-way driveways directly serving storage spaces or buildings shall provide for one 10-foot parking lane on each side and one 24-foot two way driving lane. Traffic direction and parking shall be designated by signing or painting.

e.    Landscaping: Every Lot on which a mini-storage building resides shall be landscaped according to plans approved by the 3 Sisters ARC and the City of Sisters and shall be maintained in a sightly and well-kept condition per section 6.19 of the 3 Sisters CC&R’s.

2.    Spaces for Open Storage of Recreational Vehicles, Boats and Trailers:

a.    Open Storage: The space devoted to open storage shall be properly screened by fencing and landscape in a manner consistent with the North Sisters Business Park district, Chapter 2.14.

3.    Architectural Design Requirements:

a.    Exterior Wall Construction: All exterior walls shall be finished with architectural masonry units, natural stone, concrete, or metal panel subject to the approval of the 3 Sisters ARC. Buildings utilizing metal wall panels shall incorporate a masonry wainscot around the entire perimeter. The wainscot shall be a minimum of 4' high where the walls are less than 12' high and a minimum of 7'-4" where the wall height exceeds 12'. The metal panels must be high quality, flush or box ribbed, architectural grade with concealed fasteners.

b.    Eaves: Eaves with the exception of flat roof units, shall consist of overhangs that are of appropriate scale relative to height of unit. The minimum overhang shall be two (2) feet. Eave brackets and similar articulations are encouraged.

c.    Roofs: Roof materials shall be subject to approval of the 3 Sisters ARC. Metal roofs are required to have a standing seam application, and a minimum 3:12 minimum slope Composition shingle roofs shall have a minimum slope of 3:12. Steeper roof slopes are encouraged. Low slope roofs shall incorporate a parapet around the entire perimeter that completely screens the roof surface from view.

d.    Windows, Glazing, Doors and Entrances. Vinyl or pre-finished metal window frames are allowed. Glazing shall be clear or Low E units. No reflective glass is allowed. Aluminum window and doorframes must be pre-finished with a factory-applied coating or anodized finish. Interior window treatments shall compliment the exterior facade. Entrance Doors, no entrance doors to storage compartments shall front on any public street.

e.    Gutters and Downspouts. Gutters and downspouts are recommended and may be required on some buildings where either pedestrian traffic may occur or where roof or building surface drainage will need to be controlled. Gutters and downspouts shall be designed as a continuous architectural design feature. Exposed gutters and downspouts shall be colored or painted to blend in with the adjacent surface. All drainage pipes that are connected to downspouts must be concealed from view of neighboring properties.

f.    Exterior Colors. Exterior colors shall be compatible with the colors of the natural surroundings and adjacent buildings and are subject to the approval of the 3 Sisters ARC. Single color buildings are discouraged. Walls should be articulated with an accent/trim color and roofs shall be of different complimentary color.

4.    Building Orientation

a.    Purpose. The following standards are intended to orient the office, storage buildings and loft units close to streets to promote human-scale development, create an active and inviting appearance from the street, and greatly diminish the view of the storage unit entrances, access ways, and mini-storage operations from the street.

b.    Applicability. This section applies to: mini-storage developments including the office, manager quarters and lofts, and storage units.

c.    Building orientation standards. All developments in B, above, shall establish a main focal point to the street, including dwelling unit or office entrances, primary architectural features, porches, landscaping, windows, and areas for meeting and recreation. The building orientation standard is met when the following criteria are satisfied:

1.    Office buildings and uses receiving the public, loft units, and managers quarters shall have their primary entrances oriented to the street.

2.    All building elevations visible from a street right-of-way shall provide doors, porches, balconies, and/or windows. A minimum of 40% of the front (street facing) elevations meet this standard. This is measured as the horizontal plane (lineal feet) containing these features. The standard applies to each full and partial building story.

3.    Storage units shall be visually screened by the lofts, office buildings, and/or manager quarters, and shall not directly face the street. This standard does not require the storage units to be completely obscured from view.

4.    Access ways serving the units shall be visually screened by the lofts, office buildings, and/or manger quarters, and not be placed between the street and these buildings.

5.    Landscaped areas including lawn areas shall be provided between the street and buildings to provide shade, greenery, and a visual buffer between the street and buildings.

6.    In as much as possible, lofts, office buildings, and/or manager quarters, will serve as a visual buffer between the storage units, access ways, and street.

5.    Open space. Access to private or public open spaces enhances the living environment of the loft units and provides active uses close to the street. Private open space areas or common open space areas are required for manager quarters and loft units based on the following standards:

a.    Loft units shall have balconies or porches measuring at least 48 square feet.

b.    Loft units shall have access to commonly-owned landscaped open space areas at least 100 square feet per loft unit. Open space areas shall be oriented towards the street and away from trash receptacles, vehicular access areas, and the mini-storage units.

F.    Work/live townhome. A residential townhome unit in which a business shall be operated and are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit.

1.    The maximum number and width of consecutively attached work/live townhomes (i.e., with attached walls at property line) shall not exceed 4 townhome units.

2.    Residential units shall be limited to the second floor, except for garages.

3.    A minimum of 50 percent of the first floor shall be commercial/industrial/retail and no less than 500 square feet.

4.    One-hundred (100) percent of the first floor street frontage shall be commercial/industrial/retail. Ground floor entrances or breezeways are permitted for dwellings located above or behind a non-residential storefront use.

5.    The exterior units shall maintain a 10-foot side yard setback.

6.    The minimum number of parking spaces required per townhome is 2 per unit. Additional parking for the commercial/industrial/retail use shall be based on Chapter 3.3 Vehicle and Bicycle Parking. Parking spaces shall be located on the same lot as the work/live townhome.

7.    To preserve the pedestrian orientation of the North Sisters Business Park, alley access is required to provide trash service and parking when alley access is available.

8.    The number of units shall be deducted from the allowable loft units in section 2.14.1100.

9.    All light industrial and commercial uses shall comply with 2.14.1100.B

10.    All retail and personal service uses shall comply with 2.14.1100.C.

11.    Prior to approval of building permits for work/live townhomes, the owner of the property shall sign, notarize and record a waiver of remonstrance prohibiting resident(s) and owner(s) and all successors of the proposed units from making complaints or claims against permitted uses on the subject property and surrounding commercial and light industrial lands. Such waivers shall utilize the City’s waiver form or must be reviewed and approved by the City of Sisters prior to recording. A copy of the recorded waiver of remonstrance shall be provided to the City at the time of application for said building permit. The waiver of remonstrance shall not preclude the ability of residents from acting against uses that negligently cause property damage or injury, or do not comply with the air emission standards listed in Section 2.14.1100.B.

12.    Open space. Access to private or public open spaces enhances the living environment of the work/live townhome and provides active uses close to the street. Private open space areas or common open space areas are required for work/live townhome based on the following standards:

a.    Work/live townhome shall have balconies or porches measuring at least 48 square feet; or,

b.    Work/live townhome units shall have access to commonly-owned landscaped open space areas at least 100 square feet per loft unit. Open space areas shall be oriented towards the street and away from trash receptacles and vehicular access areas.

13.    Platting Lots for work/live townhomes shall include the following;

a.    The location of lots where live/work townhomes may be sited shall be specified on the subdivision plat.

b.    The final plat for a subdivision in the North Sisters Business Park shall specify the lots where work/live townhomes uses will be permitted.

c.    Prior to recording the final plat, a deed restriction shall be recorded with each lot identified on the final plat as a work/live townhomes. [Ord. 543 § 2 (Exh. L), 2025; Ord. 533 § 3 (Exh. H), 2023; Ord. 497 § 2 (Exh. B), 2019. Formerly 2.14.1000].

This Chapter supplements the standards contained in this ordinance. It also provides standards for certain land uses to ensure compatibility of those uses within all the zoning Districts.

The regulations in this Section shall apply in all zoning districts. Where conflict between regulations occurs, the regulations in this Section shall apply.

Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district. In addition accessory dwellings shall comply with all of the following:

A.    Oregon Structural Specialty Code. The ADU complies with the Oregon Structural Specialty Code.

B.    Number of units. A maximum of one (1) ADU is allowed per lot.

C.    Floor area. The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet.

D.    The ADU may be a detached unit, a unit attached to a garage, or a converted portion of the primary dwelling unit.

E.    Setbacks, Height and lot coverage. All ADUs shall meet the minimum setbacks, height requirements and lot coverage standards of the underlying land use district.

F.    Parking. One additional parking space for the ADU shall be provided on-site, and shall meet all applicable parking standards.

G.    Compatibility standards for ADUs. The exterior finish materials, roof pitch, trim, window proportion and orientation, and eaves for the accessory dwelling must be the same or visually match in type, size and placement, the exterior details of the primary dwelling on the lot.

H.    Lighted Entrance. The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2.15.2400.

I.    Addressing. Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street.

J.    Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is adequate. If the size (diameter) of the existing water or sewer lateral line is determined by the developer’s Engineer to not be adequate for the proposed use, then it shall be the property owner’s responsibility to install an additional or larger service line from the city main line to the property line. [Ord. 497 § 2 (Exh. B), 2019; Ord. 478 § 1 (Exh. A), 2017].

All accessory structures shall comply with the following special use standards.

A.    Primary use required. An accessory structure shall not be allowed without another primary structure on the lot.

B.    Floor area. The maximum gross floor area of an accessory structure in the Residential Districts shall not exceed 1200 square feet.

C.    Setbacks, Height and lot coverage. All accessory structures shall meet the minimum setbacks, height requirements and, lot coverage standards of the underlying land use district, unless specified otherwise in this Development Code.

D.    Compatibility standards for accessory structures. Except for yurts, green houses, swimming pools, tree houses and structures under 200 square feet, the exterior finish materials, roof pitch, trim, window proportion and orientation, and eaves for the accessory structure must be the same or visually match in type, size and placement, the exterior details of the primary structure on the lot.

A bed and breakfast inn shall comply with all of the following special use standards in addition to the standards of the underlying zone:

A.    Accessory use. The bed and breakfast inn must be a use that is accessory to a household already occupying the structure as a residence.

B.    Maximum size. The bed and breakfast inn is limited to a maximum of four (4) bedrooms for guests within the R District; and eight (8) bedrooms for guests within the RMF and Commercial Districts.

C.    Food service. Food services may be provided only to overnight guests of the bed and breakfast inn.

D.    Owner or operator-occupied. The bed and breakfast inn shall be owner or operator-occupied and shall maintain the exterior physical characteristics of a single-family dwelling. No separate structures shall be allowed (except for customary residential accessory buildings such as sheds, or detached garages).

E.    Signs. See Signs, Chapter 3.4.

F.    Parking. See Vehicle and Bicycle Parking, Chapter 3.3.

G.    Spacing. Bed & breakfast inns must be spaced a minimum of 1320 feet from any other bed and breakfast inn within the residential districts.

H.    All inns shall comply with the provisions of the City’s Transient Room Tax Ordinance, where applicable.

A zero lot-line detached single-family dwelling on an individual lot may deviate from the required side yard building setback by being located on one side property line. Such a dwelling shall be permitted only when conforming with the following requirements:

A.    The adjoining lot abutting the zero side yard setback shall be, at the time of initial construction, under the same ownership; or the zero lot-line dwelling shall be within a land division specifically developed for zero lot-line dwellings, thereby ensuring that the zero setback will not adversely impact adjoining property owners.

B.    A 10-foot no build easement including a 4-foot maintenance easement shall be recorded on the adjoining lot to the zero side yard setback if the adjoining lot will not be developed as a zero lot line dwelling unit.

C.    Buffering. The building placement, landscaping, and/or design of windows shall provide a buffer for the occupants of abutting “zero lot line” lots. For example, this standard is met by placing ground-floor windows (along the zero setback) where views are directed into adjacent yards, or by directing views away from yards or by using frosted glass or other window covering that obscures any view to the interior but allows light into the interior. This standard does not apply to adjoining non-zero lot line lots.

D.    A maintenance easement at least four feet in width shall be recorded on the adjoining lot abutting the zero side yard setback.

E.    The side yard building setback from the lot-line located opposite of the zero lot-line shall be 10 feet. Zero lot-line dwellings shall conform with all other site development standards specified herein.

A home occupation is a legal, nonresidential income-producing use or activity that is a secondary use of a residence. The purpose of this section is to allow professional and commercial ventures that are appropriate in terms of scale and impact to operate from a dwelling. Home occupations are subject to a Type I review and are subject to the development standards of the underlying land use district. A home occupation shall require continual compliance with the following:

A.    All businesses conducted within the City limits and from a dwelling shall comply with the licensing requirements for businesses in the City.

B.    Prior to receipt of a business license to conduct a business in and from a dwelling, a Home Occupation Permit shall be obtained from the Community Development Department.

C.    Application for a Home Occupation Permit shall be submitted to the Community Development Department and include a Filing Fee as established by the City Council.

D.    The Community Development Department shall review the Home Occupation Permit application and determine whether or not the proposed home occupation complies with to the regulations of this Section. The applicant may appeal any decision of the Department as provided in Chapter 4.

E.    If the Community Development Director certifies that the proposed home occupation complies with the standards and criteria listed herein, the Home Occupation Permit shall be issued subject to the following requirements:

1.    The person conducting the business shall reside on the premises on a regular full-time basis and the business shall be clearly incidental and secondary to the residential use.

2.    The residential appearance of the premises shall not be altered through remodeling or new construction so as to give the appearance of other than normal residential premises or to call attention to the premises.

3.    There shall be no more than three commercial vehicle deliveries to or from the home occupation site daily. Commercial vehicle deliveries are allowed during the hours of 8 a.m. to 5 p.m. weekdays, excluding holidays.

4.    Other than family members residing within the dwelling located on the home occupation site, there shall be no more than one full time equivalent employee at the home occupation site at any given time. As used in this section, the term “home occupation site” means the lot on which the home occupation is conducted.

5.    There shall be no more than two client or customer vehicles at any one time and no more than eight per day at the home occupation site or in the right-of-way abutting the site.

6.    Business Hours – There shall be no restriction on business hours, except that clients or customers are permitted at the home occupation site only from 8 a.m. to 7 p.m. daily.

7.    The business shall be conducted entirely within buildings designed and built for normal residential use; not more than twenty-five (25) percent of all buildings on the property shall be devoted to the home occupation; and there shall be no outside activity, storage or display.

8.    Required Off-Street Parking shall be maintained for vehicle parking purposes and shall not be converted for Home Occupation use.

9.    No trucks or construction equipment shall be parked or stored on or near the premises.

10.    One non-illuminated wall or window home occupation sign not exceeding two (2) square feet in area, and indicating only the name and occupation of the resident. Sign shall be located on the first floor.

11.    The conduct of the home occupation business shall not create a disturbance or nuisance by reason of noise, odor, fumes, dust, vibration, smoke, electrical interference or other causes which are not commonly associated with typical residential activities. The conduct of the home occupation shall comply with the City of Sisters Noise Element in the Municipal Code.

12.    Vehicle painting, repair and/or body and fender work shall be prohibited.

13.    By affixing a signature to the Home Occupation Permit, the applicant acknowledges the Home Occupation Permit requirements, certifies compliance to those requirements, and expresses the understanding that the Home Occupation Permit may be revoked for non-compliance with any of the requirements.

F.    Enforcement – The Community Development Director or designee, with reasonable notice and during normal business hours, may periodically visit and inspect the site of the home occupation in accordance with this section to ensure compliance with all applicable regulations. Code violations shall be processed in accordance with Chapter 1.4 – Enforcement.

A.    Purpose. The purpose of this Section is to encourage the development of housing units affordable to households earning between 30% and 150% of area median income by providing a density bonus, as defined in this section.

B.    Applicability. Except where explicitly stated otherwise in this Section, housing must comply with the standards of this Code as they apply to all other residential development.

C.    Requirements.

1.    The bonus provisions of this Section are exclusively available for development that meets the following criteria:

a.    Repealed by Ord. 526.

a.    The developer agrees to enter into a covenant with the city, that must be reviewed by the City Attorney and approved by the City Community Development Director. The covenant shall include the following:

1.    State the percentage of the housing units that will be rented or sold at a rate that is affordable to residents in the income ranges prescribed in SDC 2.15.800(E).

2.    Produce an annual report that enables the City to easily monitor the specified percentage of units is in the fact rented affordably to low-income residents, who qualify under Section 8 HUD guidelines.

3.    Guarantee that the developer or any successor will maintain rent/payments and income controls for a period of at least 30 years and up to 60 years.

4.    Stipulates that if the developer or any successors do not charge affordable rents as provided for in the covenant or do not make a good faith effort to monitor the income level of residents to ensure that they meet the affordability requirements at the start of their occupancy, the City is entitled to significant recompense. The amount of recompense shall be specifically stated in the covenant and determined jointly by the developer and the City.

D.    Density Bonus. Housing developments that meet the requirements of this section may receive bonuses as provided in subsections (D)(1) through (3) of this section. This density bonus may be translated into the creation of new lots that are no smaller on average than 70% of the permissible lot size in any residential zone as calculated for the entire development.

1.    Housing units affordable to households earning between 80% and 150% of area median income (moderate-income households). One-half bonus unit for each moderate-income housing unit provided.

2.    Housing units affordable to households earning between 60% and 80% of area median income (low-income households). One bonus unit for each low-income housing unit provided.

3.    Housing units affordable to households earning between 30% and 60% of area median income (very low-income households). Two bonus units for each very low-income housing unit provided. [Ord. 526 § 3 (Exh. B), 2022].

Manufactured dwellings are permitted on individual lots, subject to all of the following special use standards, and consistent with ORS 197.307(5). However, the following standards do not apply to manufactured dwellings placed on individual lots within the City prior to the effective date of this Code.

A.    The manufactured home shall be multisectional and enclose a space of not less than 1,000 square feet.

B.    The manufactured home shall be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the manufactured home is located not more than 12 inches above grade.

C.    The manufactured home shall have a pitched roof, except that no standard shall require a slope of greater than a nominal three feet in height for each 12 feet in width.

D.    The manufactured home shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the local permit approval authority.

E.    The manufactured home shall be certified by the manufacturer to have an exterior thermal envelope meeting performance standards which reduce levels equivalent to the performance standards required of single-family dwellings constructed under the state building code as defined in ORS 455.010.

F.    The manufactured home shall have a garage or carport constructed of like materials. An attached or detached garage in lieu of a carport shall be required where such is consistent with the predominant construction of immediately surrounding dwellings

A manufactured dwelling park shall be developed to state standards in effect at the time of construction and the following special use standards:

A.    Evidence of certificate of sanitation. The applicant shall provide evidence that the manufactured dwelling park will be eligible for a certificate of sanitation as required by state law.

B.    Water, electrical and sewerage connections. Each space within the manufactured dwelling park shall be provided with piped potable water, electrical and sewerage connections.

C.    Density. The maximum number of manufactured dwellings allowed within a manufactured dwelling park shall not exceed 12 units per acre of the total acres within the manufactured dwelling park. The hearings body may authorize density bonuses for the following amenities:

1.    If dedicated open space equals 50% or more of the total area of the manufactured dwelling park, a 10% density bonus may be granted.

2.    If playground equipment such as swings, slides, etc. is provided in the required recreational area (see I below), a 5% density bonus may be granted.

3.    If an approved recreation/community building is provided, a 10% density bonus may be granted.

The maximum total density bonus available is 25%, or a maximum of 15 manufactured dwellings per acre.

D.    Setbacks. Placement of manufactured dwellings on individual spaces shall maintain the following setbacks:

1.    No manufactured dwelling pad or other building or structure shall be located within 10 feet of a public street property boundary or 10 feet of another property boundary. No garage shall be located within 20 feet from the public street property boundary or of another property boundary.

2.    No manufactured dwelling pad in the park shall be located closer than 15 feet from another manufactured dwelling pad or from a general use building in the park.

3.    No manufactured dwelling accessory building shall be closer than 10 feet from a manufactured dwelling accessory building on another manufactured dwelling space.

E.    Storage. Facilities shall be provided to assure that there will be no outdoor storage of furniture, tools, equipment, building materials or other supplies belonging to the manufactured dwelling owners or management of the park.

F.    Screening. The manufactured dwelling park shall be surrounded, except at entry and exit points, by a sight-obscuring fence or hedge not less than six feet in height.

G.    Street signs. If the manufactured dwelling park provides spaces for 50 or more units, each vehicular way in the park shall be named and marked with signs that are similar in appearance to those used to identify public streets. A map of the named vehicular ways shall be provided to the fire department.

H.    Fire hydrants. The manufactured dwelling park shall have water supply mains designed to serve fire hydrants and shall meet Public Works standards.

I.    Recreational area. A minimum of at least 2,500 square feet plus 100 square feet per manufactured dwelling space shall be provided for recreational play area, group or community activities. The hearings body may require that this area be protected from streets and parking areas by a fence at least 30 inches in height. Recreation areas shall be improved with grass, plantings, surfacing or buildings suitable for recreational use. No recreation facility created within a manufactured dwelling park to satisfy the requirements of this section shall be open to the general public.

J.    Parking. Two parking spaces shall be provided for each manufactured dwelling space on the site. Additional guest parking spaces shall be provided in every manufactured dwelling park within 200 feet of the spaces served, at a ratio of one guest parking space for each four manufactured dwelling spaces. Parking spaces shall have durable surfaces adequately maintained for all-weather use and shall be properly drained.

K.    Access. All manufactured dwelling parks shall have access to a public street. Secondary access to the manufactured dwelling park shall connect to the public street system at least 150 feet from the primary access.

L.    Internal streets. Roadways within the manufactured dwelling park shall conform to City of Sisters Public Works pavement standards. The minimum surfaced width of internal manufactured dwelling park streets shall be 20 feet if there is no parking allowed and 30 feet if parking is allowed on both sides.

M.    Traffic safety. In instances where a manufactured dwelling park is sited on a parcel larger than 10 acres, access via a collector street may be required, and additional requirements for traffic safety may be imposed. These elements will be addressed during Site Plan Review or Development Review.

N.    Improvement standards. The improvement of driveways, walkways, streets, drainage and other utilities shall conform to adopted State standards for such or shall conform to the City’s standards specifications manual, whichever is more restrictive. [Ord. 533 § 3 (Exh. I), 2023].

Residential care homes and facilities as defined shall comply with the following special use standards, consistent with ORS.

A.    Licensing. All residential care homes and facilities shall be duly licensed by the State of Oregon.

B.    Site Plan Review. Site Plan Review shall be required for new structures or conversion of existing structures to be used for residential care facilities, to ensure compliance with the licensing, parking and other requirements of this Code. Residential care homes are exempt from this requirement. [Ord. 533 § 3 (Exh. I), 2023].

Except as may be modified by Master Plan, all non stand-alone residential uses in commercial districts (DC and HC) shall comply with the standards listed below, in addition to the development and design standards in the base land use district. The Western Frontier Architectural Design Theme standards are applicable to residential dwellings in mixed-use development and to stand-alone residential uses located in the Downtown Commercial District.

A.    Mixed-use development standards. Both vertical mixed use (dwellings above the ground floor), and horizontal mixed use (dwellings on the ground floor) developments are allowed, subject to the following limitations:

1.    Limitation on street-level dwellings on mixed use buildings.

a.    One-hundred (100) percent of the first floor street frontage shall be commercial.

b.    A minimum of 50 percent of the ground floor shall be commercial uses.

c.    Ground floor entrances or breezeways are permitted for dwellings located above or behind a non-residential storefront use.

2.    Density. There is no minimum or maximum residential density standard.

3.    Parking, Garages and Driveways. All off-street vehicle parking, including surface lots and garages, shall be oriented to alleys, placed underground, placed in structures above the ground floor, or located in parking areas behind or to the side of the building; except that side yards facing a street (i.e., corner yards) shall not be used for surface parking. All garage entrances facing a street (e.g., underground or structured parking) shall be recessed behind the front building elevation by a minimum of 4 feet. On corner lots, garage entrances shall be oriented to a side street (i.e., away from the main street) when access cannot be provided from an alley.

4.    Common areas. All common areas shall be maintained through a legally enforceable maintenance agreement approved by the Community Development Director.

Single-family attached dwellings (townhome units on individual lots) shall comply with the standards listed below.

A.    Building mass supplemental standard. Within the Residential District (R), the number of consecutively attached townhomes (i.e., with attached walls at the property line) shall not exceed 2 units. In the Residential Multi-Family District (RMF), the number of consecutively attached townhome units shall not exceed 4 units.

B.    Alley access. Townhome dwellings shall receive vehicle access from a rear alley where an alley is available or can be extended. Alleys should be created at the time of land division approval.

C.    Street access. Where alley access is not feasible or practical because of existing development patterns or topography, townhomes receiving access directly from the street shall comply with the following standards in order to minimize interruption of adjacent sidewalks by driveway entrances, slow traffic, improve appearance of the streets, and minimize paved surfaces for improved stormwater management.

1.    When garages access the street, they shall comply with the following standards.

a.    Garages shall be recessed behind the front building elevation (enclosed habitable area) by a minimum of 10 feet when the dwelling is built to the minimum front yard setback of the underlying zone district.

b.    Garages may be built flush with or recessed behind the front building elevation when the dwelling is setback a minimum of 20 feet.

2.    The maximum combined garage width per unit is 50 percent of the total building width.

3.    Two adjacent townhomes may share one driveway with a maximum width of 20 feet when individual driveways would otherwise be separated by less than 20 feet. When a driveway serves more than one lot, the developer shall record an access and maintenance easement/agreement to benefit each lot, prior to building permit issuance.

D.    Common areas. Where applicable common areas shall be maintained by a homeowners association or other legal entity.

The purpose of this section is to establish parameters by which an adult business/adult entertainment use may locate within the City of Sisters. An adult business/adult entertainment use is permitted in the Commercial Districts in the City of Sisters, subject to compliance with the following special use standards.

A.    Spacing. A use defined as an adult business/adult entertainment use must be at least the minimum distance away from all of the following pre-existing uses (as measured in a straight line):

1.    1,500 feet from a public or private school;

2.    1,500 feet from a church, synagogue or other place of worship;

3.    1,500 feet from a public park, library or recreational facility;

4.    1,500 feet from an Residential District; and

5.    1,500 feet from an established adult business/adult entertainment use.

B.    Permit required. A permit shall be required from the Bureau of Licenses for any proposed adult business prior to the establishment of the use or business. It shall be a violation of this Code for any person or persons to engage in, conduct or carry on or to permit to be engaged in or upon any premises within the City of Sisters the operation of any adult business or use unless a permit has first been obtained from the Bureau of Licenses. At no time shall a person or persons be employed by such a use prior to permit issuance by the Bureau of Licenses.

C.    Application requirements. An applicant for an adult business or use shall provide the following:

1.    Written proof that the applicant is at least 18 years of age.

2.    Business occupation or employment information for the 3 years immediately preceding the date of the application.

3.    Business license and permit history of the person operating a business identical to or similar to those regulated by this Code section.

4.    Whether such person previously operating such business in this or any other city or state under any license or permit, has had such license or permit revoked or suspended. Reasons for any permit suspension or revocation shall be provided, and the business activity or occupation of the person subsequent to such action or suspension or revocation shall be provided.

5.    The name, address, telephone number, birth date, and principal occupation of the applicant and managing agent.

6.    The name, address, telephone number of the proposed business or use, and a written description of the exact nature of the business to be operated.

7.    The names, addresses, telephone number, birth dates of all partners in the business or use. Included shall be the principal occupation of each of the partners, whether general, limited or silent, and the respective share of the business held by each partner. If a corporation, the corporate name, a copy of the Articles of Incorporation, and the names, addresses, birth dates, telephone numbers and principal occupations of every officer, director and shareholder (having more than 5% of the outstanding shares) and the number of shares held by each.

8.    Any criminal convictions or arrests relating to theft, controlled substances, gambling, prostitution, obscenity, racketeering, fraud, or tax evasion as defined in Chapter 166 of Oregon Revised Statutes, of each applicant and natural person enumerated in section 1-7 herein.

9.    All residence addresses of all persons described in section 1-7 herein within the last 3 years.

10.    A personal financial statement of each natural person enumerated in section 1-7 herein, including the location of all bank accounts, the amounts respectively deposited therein, and a complete listing of all outstanding debts and loans.

11.    Each applicant and person described within section 1-7 shall appear in person before the Deschutes County Sheriff, or his designee, for fingerprinting and the taking of photographs.

D.    Confidentiality. The application form required pursuant to this section, which contains personal and business information, shall remain confidential to the maximum extent permitted by law.

The following special use standards shall apply to vehicle service stations.

A.    Minimum lot size. The minimum lot size for a service station shall be 12,000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot.

B.    Required front yard setback. A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required. Landscaping shall be a minimum of three (3) feet in height within the 10-foot setback area. Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback.

C.    Service Stations in the Downtown Commercial (DC) zone.

1.    Concentration Limits

a.    A service station cannot be approved on a property in the DC Zone that is within 1,000 feet of another property zoned DC that contains an existing service station.

b.    “Within 1,000 feet” means a straight-line measurement in a radius extending for 1,000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property.

2.    Accessory Uses. The following accessory uses for service stations located in the DC zone are prohibited: Drive-through facilities, motorized vehicle repair uses and sales, and outdoor storage.

3.    Maximum Setbacks and Parking. Service stations are exempt from maximum setback standards and the requirements of SDC 2.4.300(D)(2).

D.    Lighting. Lighting fixtures and associated bulbs/lighting elements installed within a fueling island canopy shall not extend below the canopy ceiling.

E.    Other provisions.

1.    No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures.

2.    Landscape planters shall be used when practical as fuel island bollards to protect gas pumps.

3.    Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required.

4.    Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2.15.1600, unless specifically exempted. [Ord. 497 § 2 (Exh. B), 2019].

It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city. Many events are held within the City of Sisters that are predominately pedestrian based. It is the City’s intent to support these events, future events, the 1880’s theme, and resident use of the city by promoting pedestrian safety. To that end, the standards for drive-through facilities are intended to:

•    Promote safer and more efficient on-site vehicular and pedestrian circulation

•    Reduce conflicts between vehicles and pedestrians on adjacent streets.

•    Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

•    Reduce noise, lighting, vehicular traffic and visual impacts on abutting uses.

A.    Vehicular access. All driveway entrances, including stacking lane entrances, must meet vehicular access and circulation standards in Chapter 3.1, the Transportation System Plan, and the Public Works Standards, as applicable.

B.    Stacking lane standards. The stacking lane is the space occupied by vehicles queuing for the service to be provided.

1.    A minimum of four (4) stacking spaces for one lane, two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space). A stacking lane is measured from the back of the sidewalk to the service area.

2.    Stacking lanes must be designed to not interfere with on-site pedestrian, parking and vehicle circulation.

3.    Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s).

4.    All stacking lanes must be clearly identified, through the use of striping, landscaping, directional signs, or similar means.

5.    Drive-through elements (e.g., stacking lanes, queuing lanes, order windows, pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot except that drive-throughs on a corner lot may be oriented toward the street with the lower street classification. This standard is not applicable to service stations.

C.    Setbacks and landscaping. All drive-through facilities must provide the setbacks and landscaping stated below.

1.    Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts. The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity); and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity); with the balance of the buffer area devoted to ground cover. Additionally, a minimum 6-foot masonry sound wall shall be placed along the property line.

2.    Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts. The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet, with the balance of the buffer area devoted to ground cover. A wall or fence may also be required as a condition of Site Plan Review for screening or noise protection.

3.    Service areas and stacking lanes must be set back a minimum of 20 feet and buffered from adjacent right-of-ways. Drive-Through Facilities in the Highway Commercial District which abut a state highway shall refer to Table 2.5.2 for buffer setbacks. Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 2.4.1.

4.    A minimum 10-foot wide landscape area shall be provided along all street frontages.

D.    Compliance with design standards required. Drive-through facilities must comply with all of the development and design standards of the base zone. At a minimum, the following design elements are required:

1.    A main entry to the drive-through building, if provided, must be oriented to the public street, with a direct pedestrian connection from the public street sidewalk to the main entry. The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes. This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (e.g., car washes, lube services, etc.).

2.    Building massing and roofs shall be designed with multiple features that break down the box, with a primary emphasis on windows, colors, textures, and broken roof lines. Windows shall be provided on all sides of the building that are visible from a public street or sidewalk. Building areas that are not conducive to windows can be fitted with “false windows.” There shall be a minimum of one dormer or roof offset for every 40 feet of ridgeline when a pitched roof style is chosen. This standard is not applicable to service stations. [Ord. 533 § 3 (Exh. I), 2023; Ord. 497 § 2 (Exh. B), 2019].

A recreational vehicle (RV) park shall conform to state standards in effect at the time of construction and the following special use standards:

A.    RV pad surface. The space provided for an RV shall be covered with crushed gravel or paved with asphalt, concrete, or similar material and be designed to provide for the control of runoff or surface water. The part of the space which is not occupied by the recreational vehicle and not intended as an access way to the recreational vehicle or part of an outdoor patio need not be paved or covered with gravel, provided the area is landscaped or otherwise treated to prevent dust or mud.

B.    Roadways. Internal RV park roadways shall be not less than 30 feet in width if parking is permitted on the margin of the roadway, or not less than 20 feet in width if parking is not permitted on the edge of the roadway. Roadways shall be paved with asphalt, concrete or similar impervious surface and designed to permit easy access to each recreational vehicle space.

C.    Entrance driveways. Entrance driveways to an RV park shall be located no closer than 150 feet from the intersection of public streets.

D.    Trash receptacles. Trash receptacles for the disposal of solid waste materials shall be provided in convenient locations for the use of guests of the park, screened with solid, durable and attractive walls/fences, a minimum of six (6) feet in height, with solid doors, and located in such number and of such capacity that there is no uncovered accumulation of trash at any time.

E.    Parking. The total number of parking spaces in the park, except for the parking provided for the exclusive use of the manager or employees of the park, shall be equal to one space per recreational vehicle space. Parking spaces shall be covered with crushed gravel or paved with asphalt, concrete or similar material.

F.    Restrooms. The park shall provide toilets, lavatories and showers for each sex as required by the State Building Agency Administrative Rules, Chapter 918. Such facilities shall be lighted at all times of night and day, shall be ventilated, and shall be provided with adequate floor drains to permit easy cleaning.

G.    Screening. The recreational vehicle park shall be enclosed by a fence, wall, landscape screening, berms, or by other designs approved by the Hearings Body which will complement the landscape and assure compatibility with the adjacent environment.

H.    Perimeter strip. The recreational vehicle park shall set aside along the perimeter of the park a minimum ten foot strip which shall be sight obscuring landscaping and used for no other purpose. Additional area for landscaping may be required through the Site Plan Review process.

I.    Accessory uses. Management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundry facilities, and other uses and structures customarily incidental to operation of a RV park and campground are permitted as accessory uses to the park. [Ord. 533 § 3 (Exh. I), 2023].

A.    Purpose. This chapter is intended to accommodate the provision of wireless and broadcast communication services and provide a uniform and comprehensive set of standards for the development, siting, and installation of wireless and broadcast communication facilities. In accordance with the guidelines and intent of Federal law and the Telecommunications Act of 1996, these regulations are intended to: (1) protect and promote the public health, safety, and welfare of the residents of Bend; (2) preserve neighborhood character and protect aesthetic quality; (3) encourage siting in preferred locations; and (4) minimize adverse visual impacts through careful design, configuration, screening, and innovative stealth and camouflaging techniques.

B.    Applicability.

1.    This chapter applies to the development, siting, and installation of wireless and broadcast communication facilities, including but not limited to cellular telephone facilities, broadband internet facilities, and radio and TV broadcasting facilities. This chapter in no way prohibits, restricts, or impairs the installation, maintenance, or use of video antennas (including direct-to-home satellite dishes, TV antennas, and wireless cable antennas) used by viewers to receive video programming signals from direct broadcast facilities, broadband radio service providers, and TV broadcast stations.

2.    This chapter also applies to an eligible facility request for a modification of an existing tower or base station that does not substantially change the physical dimension of such tower or base station.

C.    Applications. Applicants for small wireless facilities must submit an application demonstrating compliance with subsection (E) of this section. Applicants for eligible facilities requests for modification must submit an application in compliance with subsection (F) of this section. All other applications for a wireless or broadcast communication facility must provide the following reports, documents or documentation:

1.    Geographic Service Area. The applicant must submit a map showing all the applicant’s existing sites in the City. Prior to the issuance of any building permits, applicants for AM, FM, HDFM, TV, and DTV projects must provide a copy of the corresponding FCC construction permit or license for the facility being built or relocated.

2.    Visual Impact and Alternative Site Analysis. The applicant must provide a visual impact analysis showing the maximum silhouette, viewshed analysis, color and finish palette, and proposed screening for all components of the facility. The analysis must include photo simulations and other information as necessary to determine visual impact of the facility as seen from multiple directions. The applicant must include a map showing where the photos were taken. Except for Type I applications, the applicant must include an analysis of alternative sites for the facility within and outside of the City that are capable of meeting the same service objectives as the preferred site with an equivalent or lesser visual impact. If a new tower is proposed, the applicant must demonstrate the need for a new tower and why alternative locations or co-location cannot be used to meet the identified service objectives.

3.    Narrative. The application must include a written narrative that describes in detail all of the equipment and components to be included in the facility, e.g., antenna(s) and arrays, equipment cabinet(s), back-up generator(s), air-conditioning unit(s), lighting, fencing, etc. The following information must also be provided:

a.    Height. Provide an engineer’s diagram showing the height of the facility and all of its visible components. Carriers must provide evidence that establishes that the proposed facilities are designed to the minimum height required from a technological standpoint for the proposed site to meet the carrier’s coverage objectives. If the tower height will exceed the base height restrictions of the applicable zone, this narrative must include a discussion of the physical constraints (topographical features, etc.) making the additional height necessary. The narrative must include consideration of the possibility for design alternatives, including the use of multiple sites or microcell technology that would avoid the need for the new facility or the requested height.

b.    Construction. Describe the anticipated construction techniques and time frame for construction or installation of the facilities. This narrative must include all temporary staging and the type of vehicles and equipment to be used.

c.    Maintenance. Describe the anticipated maintenance and monitoring program for the antennas, back-up equipment, and landscaping.

d.    Noise/Acoustical Information. Provide manufacturer’s specifications for all noise-generating equipment such as air-conditioning units and back-up generators, and a depiction of the equipment location in relation to adjoining properties.

e.    Landscape Plan. Provide a plan showing all proposed landscaping, screening and proposed irrigation with a discussion of how the chosen materials at maturity will screen the site.

f.    Parking. Provide a site plan showing the designated parking area for maintenance vehicles and equipment.

g.    Co-location. In the case of new multi-user towers or similar support structures, the applicant must submit engineering feasibility data and a letter stating the applicant’s willingness to allow other carriers to co-locate on the proposed facilities wherever technically and economically feasible and aesthetically desirable.

h.    Lease. The site plan must show the lease area of the proposed facility.

i.    FCC License. Provide a copy of the applicant’s FCC license and/or construction permit, if an FCC license and/or construction permit is required for the proposed facility, including documentation showing that the applicant is in compliance with all FCC RF emissions safety standards.

j.    Lighting and Marking. Any proposed lighting and marking of the facility, including any required by the FAA.

4.    The applicable notice area radius for a wireless or broadcast communication facility, other than a eligible facilities requests for modification, shall increase by 25 feet for each 5 feet that the wireless and broadcast communication facility exceeds 30 feet in height.

D.    General Regulations. All applications for wireless and broadcast communication facilities are subject to the following requirements and regulations:

1.    Maximum Number of High Visibility Facilities per Lot or Parcel. No more than one high visibility facility is allowed on any one lot or parcel. The Planning Commission may approve exceeding the maximum number of high visibility facilities per lot or parcel if one of the following findings is made through a Type III review process: (a) adding additional high visibility facilities is consistent with neighborhood character, (b) the provider has shown that denial of an application for additional high visibility facilities would have the effect of prohibiting service because the facility would fill a significant gap in coverage and no alternative locations are available and technologically feasible, or (c) the provider has shown that denial of an application for additional high visibility facilities would unreasonably discriminate among providers of functionally equivalent services. In such cases, the Planning Commission is the review authority for all related applications.

2.    Towers Adjacent to Residentially Designated Property. In order to ensure public safety, all wireless and broadcast communication towers located adjacent to any property in the Residential District (R), Multi-Family Residential District (MFR), Sun Ranch Residential District (SRR), or Open Space District (OS) on the City’s Zoning Map must be set back from all residential property lines by a distance at least equal to the height of the facility, including any antennas or other appurtenances. The setback is measured from that part of the tower that is closest to the neighboring residentially designated property.

3.    High visibility facilities require a Conditional Use Permit unless located on Property within the Light Industrial District (LI) that does not abut any property in the Residential District (R), Multi-Family Residential District (MFR), Sun Ranch Residential District (SRR), or Open Space District (OS) on the City’s Zoning Map.

4.    Historical Buildings and Structures. No facility is allowed on any building or structure, or in any district, that is listed on any Federal, State or local historical register unless the facility will have no adverse effect on the appearance of the building, structure, or district. No change in architecture and no high visibility facilities are permitted on any such building, any such site, or in any such district.

5.    Equipment Location. No tower or equipment can be located in a front, rear, or side yard setback in any zone, and no portion of any antenna array can extend beyond the property lines. For guyed towers, all guy anchors must be located at least 50 feet from all abutting properties.

6.    Tower Heights. Towers may exceed the height limits otherwise provided for in the Development Code. However, and notwithstanding anything to the contrary, all wireless and broadcast communication facilities that exceed the height limit of the underlying zone require a Conditional Use Permit application (Type II process).

7.    Accessory Building Size. All accessory buildings and structures built to contain equipment accessory to a wireless or broadcast communication facility may not exceed 12 feet in height unless a greater height is necessary and required by a condition of approval to maximize architectural integration. The total square footage for accessory building and structure is limited to 200 square feet, unless approved through a Conditional Use Permit.

8.    Visual Impact. All wireless or broadcast communication facilities must be designed to minimize the visual impact to the greatest extent practicable by means of placement, screening, landscaping, and camouflage. All wireless or broadcast communication facilities must also be designed to be compatible with existing architectural elements, building materials, and other site characteristics. The applicant must use the least visible support structures and antennas reasonably available to accomplish the coverage objectives. All high visibility facilities must be sited in such a manner as to cause the least detriment to the viewshed of adjoining properties, neighboring properties, and distant properties.

9.    Colors and materials for facilities must be nonreflective and chosen to minimize visibility. Wireless or broadcast communication facilities, including support structures, equipment and buildings, must be painted, colored or textured using colors to match or blend with the primary background, unless required by any other applicable law.

10.    All camouflaged wireless or broadcast communication facilities must be designed to visually and operationally blend into the surrounding area in a manner consistent with existing development on adjacent properties. The wireless or broadcast communication facility must also be appropriate for the specific site. In other words, it should not “stand out” from its surrounding environment.

11.    Facade-mounted antennas must be architecturally integrated into the building design and otherwise made as unobtrusive as possible. If possible, antennas should be located entirely within an existing or newly created architectural feature so as to be completely screened from view. Facade-mounted antennas must not extend more than two feet out from the building face.

12.    Roof-mounted antennas must be constructed at the minimum height possible to serve the operator’s service area and be set back as far from the building edge as possible or otherwise screened to minimize visibility from the public right-of-way and adjacent properties.

13.    As a condition of approval and prior to final inspection of the facility, the applicant must submit evidence, such as photos, to the satisfaction of the City sufficient to prove that the facility is in substantial conformance with photo simulations provided with the application. Nonconformance requires modification to compliance within 90 days or the structure must be removed.

14.    Noise from any equipment supporting the facility must meet the requirements of SMC Chapter 8.16.

15.    No signs, striping, graphics, or other attention-getting devices are permitted on any wireless or broadcast communication facility except for warning and safety signage with a surface area of no more than three square feet. Signs must be affixed to a fence or ancillary facility and limited to no more than two signs unless more are required by law.

16.    Maintenance vehicles servicing facilities located in the public or private right-of-way cannot park on the traveled way or in a manner that obstructs traffic.

17.    No net loss in required parking spaces can occur as a result of the installation of any wireless or broadcast communication facility.

18.    Cabinets and other equipment must not impair pedestrian use of sidewalks or other pedestrian paths or bikeways on public or private land and must be screened from view.

19.    Wireless or broadcast communication facilities cannot include any beacon lights or strobe lights, unless required by the Federal Aviation Administration (FAA) or other applicable authority. If beacon lights or strobe lights are required, the applicant must use the design with the least visual impact. All other site lighting for security and maintenance purposes must be shielded and directed downward, and must comply with the outdoor lighting standards in SDC 2.15.2400, unless otherwise required under Federal law.

20.    Speculation. No application can be accepted or approved for a speculation tower, i.e., from an applicant that simply constructs towers and leases tower space to service providers, but is not a service provider, unless the applicant submits a binding written commitment or executed lease from a service provider to utilize or lease space on the tower.

E.    Review Process.

1.    Type I Process. The following facilities are allowed with the approval of a Wireless or Broadcast Communication Facility Site Plan pursuant to a Type I process under SDC Chapter 4.1:

a.    Stealth and Low Visibility Facilities.

b.    Small Wireless Facilities.

i.    Small wireless facilities proposed in the public right-of-way or a public utility easement, so long as they meet all of the following:

A.    The facilities:

(i)    Are mounted on existing or replacement structures 30 feet or less in height including their antennas; or

(ii)    Are mounted on existing or replacement structures no more than 10 percent taller than other adjacent structures; or

(iii)    Do not extend existing structures on which they are located to a height of more than 35 feet or by more than 10 percent, whichever is greater.

B.    Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume in an alley or local street and no more than six cubic feet on an arterial or collector street.

C.    All other wireless equipment associated with the facility, including the wireless equipment associated with the antenna and any preexisting associated equipment on the facility, is no more than 28 cubic feet in volume.

D.    The small wireless facilities do not result in human exposure to radio frequency radiation in excess of the applicable FCC safety standards.

E.    The small wireless facility must comply with applicable public works standards and specifications.

c.    Facade-mounted antennas, roof-mounted antennas, or low-powered networked telecommunications facilities, such as those employing microcell antennas, integrated into the architecture of an existing building in such a manner that no change to the architecture is apparent, the antennas comply with the height limits of the underlying zone, and no part of the wireless or broadcast communications facility is visible to public view.

d.    Antennas or arrays that are hidden from public view through the use of architectural treatments, e.g., within a cupola, steeple, or parapet that complies with the height limits of the underlying zone.

e.    New antennas or arrays that are attached to an existing broadcast communication facility located in any zone; provided, that they do not exceed the following “safe harbor” parameters:

i.    The antennas are mounted to the side of the broadcast communication facility and of similar colors and materials as the existing broadcast communication facility.

ii.    No more than three antennas can be placed on the top of any one broadcast communication facility without a Type II review provided they do not exceed the height of the broadcast communication facility by five feet or 10%, whichever is less.

f.    To minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas or arrays on existing towers takes precedence over the construction of new towers, provided such co-location is accomplished in a manner consistent with the following:

i.    An existing tower may be modified or rebuilt to a taller height to accommodate the co-location of additional antennas or arrays, as long as the modified or rebuilt tower will not exceed the height limit of the applicable zoning district. The height change may only occur one time per tower.

ii.    An existing tower that is modified or reconstructed to accommodate the co-location of additional antennas or arrays must be of the same tower type and reconstructed in the exact same location as the existing tower.

2.    Type II Process. The following facilities are allowed with the approval of a Wireless or Broadcast Communication Facility Site Plan pursuant to a Type II process under SDC 4.1:

a.    High visibility facilities located on any property within the Commercial Highway District (CH), Light Industrial District (LI), or Public Facility and Institutional District (PFI), on the City’s Zoning Map and at least 500 feet from any property within the Residential District (R), Multi-Family Residential District (MFR), Sun Ranch Residential District (SRR), or Open Space District (OS) on the City’s Zoning Map that do not exceed the height limit of the applicable zone.

b.    Moderate visibility facilities that do not exceed the height limit of the applicable zone.

c.    New antennas or arrays that are attached to an existing broadcast communication facility located in any zone which do not fall within the “safe harbor” parameters of subsection (E)(1)(e) of this section.

d.    Small wireless facilities that exceed the thresholds in subsection (E)(1) of this section.

3.    Conditional Use Permit Requirements. In addition to meeting all other requirements of this Chapter, applications for wireless or broadcast communication facilities in all other locations and situations including moderate or high visibility facilities that exceed the height limit of the applicable zone also require conditional use approval, which will be processed under a Type III review.

4.    Approval Criteria. The City may approve wireless or broadcast communication facility subject to a Type II or III process upon a determination that the following criteria are met:

a.    The height of the proposed wireless or broadcast communication facility does not exceed the height limit of the underlying zoning district, or does not increase the height of an existing facility unless approved as a conditional use. If conditional use approval is sought, the applicant must demonstrate that the requested height is the minimum necessary to meet service objectives.

b.    The location is the least visible of other possible locations and technological design options that achieve approximately the same signal coverage objectives.

c.    The location, size, design, and operating characteristics of the proposed facility will be compatible with adjacent uses, residences, buildings, and structures, with consideration given to:

i.    Scale, bulk, coverage and density;

ii.    The harmful effect, if any, upon neighboring properties;

iii.    The suitability of the site for the type and intensity of the proposed facility; and

iv.     Any other relevant impact of the proposed use in the setting where it is proposed.

d.    All required public facilities have adequate capacity, as determined by the City, to serve the proposed wireless or broadcast communication facility.

e.    The proposed wireless or broadcast communication facility complies with all of the general regulations contained in subsection (D) of this section.

f.    Small wireless facilities must comply with applicable public works standards and specifications if located within a right-of-way or public utility easement.

5.    Conditions of Approval. The City may impose any other reasonable condition(s) deemed necessary to achieve compliance with the approval standards, including designation of an alternate location, or if compliance with all of the applicable approval criteria cannot be achieved through the imposition of reasonable conditions, the application must be denied.

6.    Time Frame for Review. Within the time limits imposed by State or Federal law, less any time period that may be excluded by State or Federal law, the applicable reviewer must approve the application unless the applicable reviewer determines that the application is not covered by this chapter or does not comply with applicable standards.

F.    Eligible Facilities Request for a Modification of an Existing Tower or Base Station.

1.    Applicability. An applicant may submit an eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimension of such tower or base station that involves:

a.    Collocation of new transmission equipment;

b.    Removal of transmission equipment; or

c.    Replacement of transmission equipment.

For purposes of this subsection, “collocation” means (a) mounting or installing an antenna facility on a preexisting structure, and/or (b) modifying a structure for the purpose of mounting or installing an antenna facility on that structure; provided, that, for purposes of eligible facilities requests, “collocation” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

2.    Type I Process. An eligible facilities request for a modification of an existing tower or base station that does not substantially change the physical dimension of such tower or base station is reviewed pursuant to a Type I process under SDC Chapter 4.1.

3.    The applicant must provide documentation or information to verify whether the request is not a substantial change. A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following:

a.    For towers other than towers in public rights-of-way, it increases the height of the tower by more than 10 percent or by the height of one additional antenna array with separation from the nearest existing antenna, not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10 percent or more than 10 feet, whichever is greater;

i.    Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act;

b.    For towers other than towers in public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

c.    For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure;

d.    It entails any excavation or deployment outside the current site;

e.    It would defeat the concealment elements of the eligible support structure; or

f.    It does not comply with the conditions of approval associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in subsections (F)(3)(a) through (d) of this section.

4.    Approval Criteria. The City may approve an eligible facilities request for a modification of an existing wireless tower or base station upon a determination that the following criterion is met:

a.    The eligible facilities request for a modification of an existing tower or base station does not substantially change the physical dimension of such tower or base station.

5.    Conditions of Approval. The City may impose any other reasonable condition(s) deemed necessary to achieve compliance with the approval standards, or if compliance with the applicable approval criteria cannot be achieved through the imposition of reasonable conditions, the application must be denied.

6.    Time Frame for Review. Within the time limits imposed by State or Federal law, less any time period that may be excluded by State or Federal law, the applicable reviewer must approve the application unless the applicable reviewer determines that the application is not covered by this chapter or does not comply with applicable standards.

G.    Exemptions. The following are exempt structures or activities under this chapter:

1.    Whip or other similar antennas no taller than six feet with a maximum diameter of two inches.

2.    Antennas (including direct-to-home satellite dishes, TV antennas, and wireless cable antennas) used by viewers to receive video programming signals from direct broadcast facilities, broadband radio service providers, and TV broadcast stations regardless of zone category.

3.    Low-powered networked telecommunications facilities such as microcell radio transceivers located on existing utility poles and light standards within a public right-of-way or public utility easement. Low-powered networked telecommunications facilities must comply with this chapter.

4.    All military, Federal, State, and local government communication facilities except for towers.

5.    Cells on Wheels (COW), which are permitted as temporary uses in nonresidential zones for a period not to exceed 180 days, in residential zones for a period not to exceed 14 days, or during a period of emergency as declared by the City, County, or State.

6.    Replacement antennas or equipment, provided the replacement antennas and/or equipment (a) have a function similar to the replaced antenna and/or equipment and do not exceed the overall size of the original antenna and/or equipment or (b) the replacement equipment will be located in an existing cabinet or base station.

H.    Maintenance. The following maintenance requirements apply to all wireless and broadcast communication facilities:

1.    All landscaping must be maintained at all times and be promptly replaced if not successful.

2.    If a flag pole is used for camouflaging a facility, flags must be flown and must be properly maintained at all times.

3.    All wireless and broadcast communication sites must be kept clean and free of litter.

4.    All wireless and broadcast communication sites must maintain compliance with current RF emission standards of the FCC, the National Electric Safety Code, and all State and local regulations.

5.    All equipment cabinets must display a legible operator’s contact number for reporting maintenance problems.

6.    All measures to conceal the wireless or broadcast communication facility must be maintained in a condition that achieves the objective of the concealment measures.

I.    Inspections.

1.    The City or its agents have authority to enter onto the property upon which a wireless or broadcast communication facility is located to inspect the facility for the purpose of determining whether it complies with applicable building codes and all other construction standards provided by the City and Federal and State law.

2.    The City reserves the right to conduct such inspections at any time, upon reasonable notice to the wireless or broadcast communication facility/property owner. In the event such inspection results in a determination that violation of applicable construction and maintenance standards set forth by the City has occurred, remedy of the violation may include cost recovery for all costs incurred in confirming and processing the violation.

J.    Preexisting Towers. Towers that lawfully existed prior to the adoption of this chapter are allowed to continue their use as they presently exist. This code does not make lawful any towers that are not lawfully approved on the date the ordinance codified in this code is adopted. Routine maintenance is permitted on such lawful preexisting towers.

Lawfully existing towers may be replaced as long as the replacement is located on the same property, no closer to the nearest property line than the existing tower, no taller than the existing tower, has a width no more than 10 percent larger than the existing tower and has identical lighting and painting. The tower being replaced must be removed within 30 days of completion of the replacement tower. Any other changes or modifications to a replacement tower must be treated as new construction, and must comply with the requirements of this chapter.

K.    Abandonment. The following requirements apply to the abandonment and/or discontinuation of use for all facilities:

1.    All facilities located on a utility pole must be promptly removed at the operator’s expense at any time a utility is scheduled to be placed underground or otherwise moved.

2.    All operators who intend to abandon or discontinue the use of any wireless or broadcast communication facility must notify the City of such intentions no less than 60 days prior to the final day of use.

3.    Wireless or broadcast communication facilities are considered abandoned 90 days following the final day of use or operation.

4.    All abandoned facilities must be physically removed by the facility owner no more than 90 days following the final day of use or of determination that the facility has been abandoned, whichever occurs first.

5.    The City reserves the right to remove any facilities that are abandoned for more than 90 days at the expense of the facility owner.

6.    Any abandoned site must be restored to its natural or former condition. Grading and landscaping in good condition may remain. [Ord. 528 § 4 (Exh. I), 2023; Ord. 505 § 2 (Exh. C), 2020].

A.    Purpose

Approval may be granted for structures or uses which are temporary in nature provided such uses are consistent with the intent of the underlying zoning district and comply with all provisions of this Code.

B.    Application and Fee

The applicant shall pay the required fee as established by the City Council. The applicant is responsible for submitting a complete application which addresses all review criteria. Temporary use permits, except reviews for Temporary Sales Office, Model Home or Construction Building and Trailers, and seasonal sales as defined herein, shall be subject to a TYPE II review process.

C.    Permit Approval

1.    Approval Criteria

A temporary use permit (TUP) may be authorized by the Community Development Director or his/her designee; provided, that the applicant demonstrates that the proposed use:

a.    Meets all applicable City and County health and sanitation requirements.

b.    Meets all applicable Building Code requirements and zoning setbacks and will obtain permits for any proposed construction, electrical service or plumbing required to serve the temporary use.

c.    Is not being located in the public right-of-way or impeding the safety or movement of pedestrians.

d.    Is located in such a manner that they will not impede the normal use of driveways or circulation aisles, nor be located in a manner that encourages customers to stop in the street, driveway or circulation aisle to obtain vendor service.

e.    Is restricted to the immediate confines of the temporary stand or structure, or area approved as part of the permit.

f.    Temporary uses are prohibited from locating and/or operating:

i.    In, on, about, and/or within 126 feet of Cascade Avenue (or any portion thereof) between Pine Street and Locust Street.

For purposes of this subsection, “within 126 feet” means a straight-line measurement in a radius extending for 126 feet or less in every direction as measured from any point on the boundaries of the portion of the East U.S. Highway 20/OR-126/Cascade Avenue right-of-way commencing at the centerline of South Locust Street (at the intersection with East U.S. Highway 20/OR-126) and continuing along East U.S. Highway 20/OR-126, East Cascade Avenue, and West Cascade Avenue and ending at the centerline of Pine Street; “within 15 feet” means a straight-line measurement in a radius extending for 15 feet or less in every direction as measured from any point of the stream bank of Whychus Creek in city.

2.    Time Limits

Time Limits. Unless otherwise noted, the temporary use shall cease and any approved structure removed upon expiration of the temporary use permit, unless renewed by the Community Development Director or his/her designee. In no case shall a temporary use permit be issued for a period exceeding 180 days in any 365 day period.

3.    Additional Conditions

In issuing a temporary use permit, the Community Development Director or his/her designee may impose reasonable conditions as necessary to preserve the basic purpose and intent of the underlying zoning district. These conditions may include, but are not limited to the following: increased yard dimensions; fencing, screening or landscaping to protect adjacent or nearby property; limiting the number, size, location or lighting of signs; restricting certain activities to specific times of day; refuse containers; and providing sanitary lavatory facilities or have a written agreement for use of lavatory facilities by operators and patrons within 200 feet of the vehicle’s location.

4.    Revocation

Any departure from approved plans not authorized by the Community Development Director or his/her designee shall be cause for revocation of applicable building and occupancy permits. Furthermore if, in the City’s determination, a condition or conditions of TUP approval are not or cannot be satisfied, the TUP approval, or building and occupancy permits, shall be revoked.

D.    Signs. All signs shall comply with Chapter 3.4.

E.    Seasonal sales. The applicant shall pay the required fee as established by the City Council. The applicant is responsible for submitting a complete application which addresses all review criteria. Seasonal sales shall be subject to a Type I review procedure unless otherwise noted herein. The following standards shall apply to seasonal sales which are limited to:

1.    Fireworks Sales

Fireworks sales shall be consistent with the Municipal Code.

2.    Christmas Tree Sales

a.    The annual season for Christmas tree sales shall commence no sooner than the day after Thanksgiving and shall continue no longer than December 27.

b.    A business license shall be required pursuant to the Municipal Code.

3.    Pumpkin Patch Sales

A.    The annual season for pumpkin sales shall commence no sooner than September 25 and continue no longer than November 5.

B.    A business license shall be required pursuant to the Municipal Code.

4.    Signs. All signs for seasonal sales shall comply with Chapter 3.4 and shall be removed no later than the day after the holiday.

5.    Non-profit fundraiser sales. Temporary non-profit seasonal sales are permitted up to 30 consecutive days per calendar year and are not subject to City review. However, temporary non-profit seasonal sales that operate for more than 30 consecutive days per calendar year shall pay the required fee and shall undergo the Type I review process established in Chapter 4.1. Verification of the non-profit status shall be required prior to waiving the City review.

F.    Temporary Sales Office, Model Home or Construction Building and Trailers.

1.    Temporary sales office and Model Homes. The use of any real property within the City as a temporary sales office, offices for the purpose of facilitating the sale of real property, or model home in any subdivision or tract of land within the City, but for no other purpose, shall require a Type I review. The City may approve, approve with conditions or deny an application for a temporary sales office or model home, based on the following criteria:

a.    The temporary sales office shall be located within the boundaries of the subdivision or tract of land in which the real property is to be sold; and

b.    The property to be used for a temporary sales office shall not be permanently improved for that purpose.

c.    Use of an off-street enclosed parking space (i.e., garage) as a temporary office shall be terminated upon occupancy of the residence and the garage returned to its original use for vehicle parking.

d.    The temporary sales office shall be removed at the end of construction, or once all lots and/or dwelling units are sold, rented, or leased

2.    Temporary construction buildings or trailers at a building site are permitted and shall be removed at the end of construction or once all lots and/or dwelling units are sold, rented, or leased. [Ord. 533 § 3 (Exh. I), 2023; Ord. 522 § 3 (Exh. B), 2022].

A.    A Major Retail Development shall require a Master Plan.

B.    Major Retail Development Standards. The following development standards apply to all Major Retail Development. The goal of these development standards is to affirm the City’s objective that Major Retail Development create or impart a sense of place and/or streetscape at a scale appropriate to the character of Sisters with its small town atmosphere, its exceptional unique architectural characteristics and rural western community heritage, as well as preserving the diversity and vitality of Sisters’ commercial districts and the quality of life of Sisters residents. It is generally noted that the typical or classic “big box” type of commercial building and development pattern does not meet these community development objectives. In addition to the development standards prescribed elsewhere in this Chapter and the Development Code, all Major Retail Development shall comply with the following development standards:

1.    All development shall comply with the 1880’s Western Frontier Design Theme.

2.    Incorporate changes in building direction (i.e., articulation), and divide large masses into varying heights and sizes. Such changes may include building offsets; projections; changes in elevation or horizontal direction; sheltering roofs; terraces; a distinct pattern of divisions in surface materials; and use of windows, screening trees; 1880s theme wall lighting; and similar features.

3.    The design of service areas, including outdoor storage, trash collection, loading, etc., shall be incorporated into the primary building design and shall be of materials of comparable quality and appearance as that of the primary building.

4.    When the service areas (loading docks, refuse storage and enclosures, etc.) are adjacent to or across the street from residential neighborhoods, all delivery trucks, garbage trucks, and other large vehicles servicing the commercial development shall access the service areas via internal driveways and not from the residential street.

5.    Any equipment, whether on the roof, side of building, or ground, shall be screened. The method of screening should be architecturally integrated with the building design in terms of materials, color, shape and size. Screening shall be applicable to all fire codes and height requirements.

6.    Parking and security lights shall not be taller than the buildings within the development, or a maximum of twenty (20) feet above grade, whichever is less and shall comply with the Dark Skies Standards in Special Provisions.

7.    All ground mounted and monuments signs permitted by the Sign Ordinance for the applicable zoning district shall be located in a landscaped area that is equal in size or larger than the total sign area for that freestanding sign.

8.    Maximum size of interior shall not exceed 50,000 square feet.

C.    Major Retail Development – Abandoned Building Surety Bond. As may be required by the City, all Major Retail Development as defined herein, shall obtain, provide evidence to the City, and carry in full force and effect throughout the duration of the life of the building, or time period as may be stipulated by a development agreement, a performance/surety bond providing for demolition of the primary building or buildings as identified by the City. Said performance/surety bond shall be an amount 120 % of an estimate of the funds to cover the cost of complete building demolition and maintenance of the vacant building site if the primary building is ever vacated or abandoned, and remains vacant or abandoned for a period of more than 24 consecutive months following primary business closure. The cost estimate must be submitted to and accepted by the City prior to bonding.

The following regulations shall apply to all portable carports:

A building permit may be required prior to the installation of any portable carport to be consistent with Fire and Building Codes, including proper placement and anchoring.

Portable carports shall not be located within twenty (20) feet of the front property line in a Residential Districts, and in no case shall these carports be permitted to encroach beyond the front elevation of the residence.

Portable carports shall meet the minimum setback standards of the underlying land use district except as stated in 2.15.2100.

All sculpture and visual art shall incorporate themes related to Sisters’ western heritage, culture, recreation, natural surroundings, wildlife, history and educational opportunities. These themes can be interpreted by a wide range of artistic styles, ranging from traditional to contemporary. [Ord. 497 § 2 (Exh. B), 2019].

Vision clearance is defined by a triangle created as follows: starting at the intersection of the projections along the edge of the pavement or along curb lines into the intersection of two vehicular ways, measure out from this point along each way for the specified distance to create two legs of a triangle and connect these two legs across the corner of the intersection (as shown in Figure 2.15.2300 A.). The clear vision space is defined by this triangle between 3' and 8' in height from the ground; within this space, the line of sight must remain unobstructed.

The legs of the triangles shall be determined as follows:

1.    At the intersection of a street (public or private) and a driveway, alley, lane, or other vehicle way that is not a street, the minimum distance along each vehicular way as defined above shall be 15'.

2.    At an intersection of two streets (public or private) having 90 degree angles at the intersection, the minimum distance along each vehicular way as defined above shall be 30 feet.

3.    At traffic circles, acute or obtuse angles, and other non-conventional intersections of two streets, the vision clearance area may be determined by the Public Works Director. However, the every attempt shall be made to ensure that the minimum distance measured along each vehicular way as defined above is 30 feet.

Except as exempted below, no signs, structures or vegetation in excess of three feet in height shall be placed in “vision clearance areas,” as shown in Figure 2.15.2300 A. This standard applies to the following types of roadways: streets, alleyways and railways. The minimum vision clearance area may be increased by the City Engineer upon finding that more sight distance is required (i.e., due to traffic speeds, roadway alignment, etc.).

The clear vision area provisions do not apply to the following;

1.    Any sign, post, pole or similar structure installed and maintained by a public entity; or,

2.    Any private post or pole eight inches or less in diameter (width or length).

Figure 2.15.2300 A – Vision Clearance Area

A.    Purpose. The purpose of the Dark Skies Standards is to utilize responsible lighting practices to:

1.    Protect the valuable resource of dark night skies.

2.    Preserve opportunities for viewing stars, planets, and other astronomical features.

3.    Promote human health and limit negative impacts from light at night.

4.    Provide safely and responsibly lit areas for citizens and visitors.

5.    Protect ecological wellness and support wildlife needs for darkness.

6.    Reduce energy consumption, emissions, and costs.

7.    Increase opportunities for tourism, such as astrotourism.

B.    Guiding Principles. The Dark Skies Standards are based on the following guiding principles and are not intended to be mandatory approval criteria:

1.    Useful. Light should only be used if needed. All light should have a clear purpose, with consideration about how light will impact neighbors, wildlife, and their habitats.

2.    Targeted. Light fixtures should be directed so light falls only where it is needed. Shielding and careful aiming of the light beam to target its direction downward should be employed to prevent spill beyond where lighting is needed.

3.    Low Level. Lights should be no brighter than necessary, using the lowest light level possible. Attention should be given to reflective surfaces that will amplify lights and direct light into the sky or neighboring properties.

4.    Controlled. Lighting should only occur when it is needed. Controls such as timers or motion detectors should be employed to ensure that light is available when it is needed, dimmed when possible and turned off when not needed.

5.    Color. Warmer color lights should be used where possible.

C.    Definitions.

1.    ANSI: American National Standards Institute.

2.    Correlated Color Temperature (CCT): A specification of the color appearance of the light emitted by a lamp, relating its color to the color of light from a reference source when heated to a particular temperature, measured in kelvins (K).

3.    Dark Skies Standards: The provisions of this Section SDC 2.15.2400.

4.    Downcast: Lighting that is installed such that its light is directed only down toward the ground and in which the fixture shield is parallel with the level ground (see Figure 1).

5.    Effective Date: February 10, 2024.

6.    Foot-candle: A measurement of light intensity. One foot-candle is defined as enough light to saturate a surface having an area of one square foot with one lumen of light.

7.    Fully shielded: A light fixture that allows no direct emission of light above a horizontal plane passing through the lowest light-emitting part of the light fixture (see Figure 1).

Figure 1.

8.    Glare: The sensation produced by luminances within the visual field that are sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance or visibility.

9.    IES: Illuminating Engineering Society.

10.    Illuminance: Describes the amount of light falling onto or illuminating a given surface.

11.    Kelvin: A measurement unit (abbreviated “K”) used to describe the correlated color temperature of a light source. This is the specification that gives a description of the “warmth” or “coolness” of a light source.

12.    Lamp: The specific component of a light fixture that emits light.

13.    Laser Source: Any lamp employing light amplification by stimulated emission of radiation to produce highly monochromatic and coherent light.

14.    Light Trespass: A condition in which light emitted directly by a light fixture shines beyond the property lines of the property where the fixture is installed. This means that a person standing on any other property sees the light-emitting source directly. Light trespass does not include indirect reflection or scattering of light from mounting hardware or any other surfaces.

15.    Light Fixture: A device that includes the lamp, the ballast or driver, internal wiring, reflectors, lens and any additional components required to deliver light. It does not include the pole or other mounting surface.

16.    Low Lumen: Describes a light fixture whose total light output does not exceed 300 lumens.

17.    Lumen: The International System of Units (SI) measure of luminous flux equal to the amount of light emitted per second into a unit solid angle of one steradian from a uniform source of one candela.

18.    Luminance: The amount of light that passes through, is emitted, or reflected, from a particular area, and that falls within a given solid angle.

19.    Net acre: The portion of any property that is developed, consisting of structures and/or hardscape. The net acreage of a property is the gross acreage of that parcel less any acres that are considered undeveloped.

20.    Searchlight: A light fixture generating a very intense beam of light consisting of parallel rays that can be oriented in any particular direction often used to draw the attention of the public to a place or event.

21.    String Lights: Electric lights on a wire, string, or cable used as decoration or for outdoor lighting.

22.    Warm Color: A white light source with a correlated color temperature less than or equal to 3,000 Kelvins.

23.    Uplighting: Any lighting that is directed in such a manner as to shine light above the horizontal plane.

D.    Applicability. Except as otherwise exempted by the SDC, the Dark Skies Standards are generally applicable to all new lighting installed on or after the Effective Date and therefore apply even if proposed lighting does not require the filing of an application or the issuance of a permit of approval (or even if no development occurs, see, e.g., subsection (E)(4) of this section). The Dark Skies Standards are in addition to applicable provisions of the Building Code and Electrical Code, and other provisions of the SDC including, without limitation, Chapter 3.4 SDC (Signs).

E.    Requirements. All non-exempt outdoor lighting fixtures shall meet the following requirements:

1.    Downcast. Lighting shall be downcast. Uplighting is prohibited.

2.    Fully Shielded. Unless subject to an exception, all light fixtures shall be fully shielded and otherwise designed and installed to prevent light trespass and glare.

3.    Maximum Brightness. To prevent over-lighting, lighting shall not exceed the following maximum lamp brightness:

a.    Single Family Residential. No individual light fixture may exceed 850 lumens and the entire property may not exceed 4,000 lumens in total or 6,000 lumens in total if the property contains an accessory dwelling.

b.    Duplex and Triplex. No individual lighting fixture may exceed 850 lumens and the entire property shall not exceed 6,000 lumens in total for a duplex or 8,000 lumens for a triplex.

c.    Multi-Family Residential. No individual light fixture may exceed 850 lumens and the entire property may not exceed 20,000 lumens per net acre.

d.    Mixed Use and Non-Residential. No individual light fixture may exceed 1,500 lumens and the entire property may not exceed 25,000 lumens for the initial net acre plus 2,000 lumens for each additional net acre.

e.    Publicly Owned Lighting. Public street lighting shall adhere to the standards contained in the current edition of IES Recommended Practice 8 (“Design of Roadway Facility Lighting”).

4.    Parking Lot Lighting. Parking lot lighting shall be downcast, fully shielded and meet the maximum brightness in accordance with recommended minimum value of the IES Standard RP-20-1 “Lighting for Parking Facilities” and shall not exceed a threshold of allowable light trespass of 0.1 foot-candle at the property line.

5.    Curfew. In all non-residential zones, all exterior lighting shall be extinguished either by 11 P.M.; or within one (1) hour of the close of normal business hours; or at the conclusion of usual operations, whichever occurs later. The use of such lighting may resume one (1) hour before sunrise (or opening of business for the property, whichever is earlier) of the following day. Businesses whose normal operating hours are twenty-four (24) hours per day are exempt from this provision. Security lighting in accordance with the current edition of IES Guide 1 (“Guide for Security Lighting for People, Property and Critical Infrastructure”) is permitted during curfew.

6.    Color. The Correlated Color Temperature (CCT) shall not exceed 3,000 Kelvins.

7.    Publicly Owned Lighting. Publicly owned lighting (including streetlights located in the public right-of-way) shall be fully shielded, comply with the color limits in subsection (E)(6) of this section and meet the brightness limits in subsection (E)(3)(e) of this section. They are encouraged, but not required, to comply with the light trespass requirement. Notwithstanding the foregoing, all outdoor light fixtures on property (other than public right-of-way) or buildings that are owned and operated by the City of Sisters must be fully shielded unless exempt under subsection (H) of this section and adaptive controls and curfews must be employed.

F.    Signage. Notwithstanding anything in Chapter 3.4 SDC to the contrary, lighting of signage must meet the following requirements:

1.    Except for businesses whose normal operating hours are twenty-four (24) hours per day, sign illumination must be extinguished completely one (1) hour after sunset (or at close of business for the property, whichever is later), and remain off until one (1) hour before sunrise (or opening of business for the property, whichever is earlier);

2.    The illuminated surface area of an individual sign cannot exceed 200 square feet; and

3.    Lighting must be downcast and fully shielded.

G.    Prohibitions.

1.    Laser Source Light. The use of laser source light or any similar high intensity light is prohibited if it projects beyond the property lines of the property on which it is located.

2.    Searchlights. The operation of searchlights for purposes other than public safety or emergencies is prohibited.

3.    Upward-pointing light fixtures. All light fixtures must be downcast including illumination of signs, landscaping, flags (except the U.S. and state flag, if flown on the same flagpole), and other items.

H.    Exemptions. Notwithstanding anything herein to the contrary, the following forms of lighting are exempt from the Dark Skies Standards.

1.    Non-conforming lighting subject to subsection (I) of this section.

2.    Airport operations lighting and aircraft navigational beacons required by the Federal or State Law are exempt from these provisions. All other airport outdoor lighting must conform with this ordinance.

3.    String Lights, subject to the following standards:

a.    String lights may be installed in either residential or non-residential zones.

b.    String lights shall not be used to solely illuminate or decorate landscaping features.

c.    All installations of string lighting shall employ lamps that do not flash or flicker and whose individual output does not exceed fifty (50) lumens.

d.    String lights shall consist only of white light sources with a CCT not to exceed three thousand (3,000) Kelvin.

e.    String lights are exempt from the downcast and full shielding requirements of subsection (E) of this section; it should be noted, however, the installation and operation of string lights in accordance with these provisions may still result in civil nuisance claims.

f.    In non-residential zones, string lights may be installed in outdoor dining and entertainment areas only and shall not be used to delineate or outline the edges of a building or for any other purpose. String lighting must be completely extinguished by the end of normal business hours. Permanent string lighting installations shall be subject to inclusion in the total lumen allowance calculation.

g.    In residential zones, string lighting may be used to delineate or outline the edges of patios, porches, decks and similar structures. String lighting must be completely extinguished by 11 P.M.

h.    The aforementioned limitations do not apply to holiday lighting.

4.    Decorative Lighting.

a.    Holiday lighting shall be allowed for no more than the period between November 1 and February 15.

b.    Decorative low lumen lights are permitted only in residential districts.

c.    Low lumen landscape lighting is permitted, but such lighting shall be shielded in such a way as to prevent glare and light trespass. Light fixtures shall be mounted no more than three (3) feet above grade and used solely for landscape delineation rather than area lighting.

5.    Special events that require the use of temporary outdoor light fixtures are exempt if the exemption does not exceed five (5) days for a particular property in any calendar year; however, permanent installations special event venues must conform to the Dark Skies Standards.

6.    Lighting for U.S. flags properly displayed (consistent with the U.S. Flag Code).

7.    Temporary construction lighting necessary for an allowed use.

8.    Lighting under the jurisdiction of the Oregon Department of Transportation.

9.    Athletic field lighting meeting the following conditions:

a.    Current Illuminating Engineering Society (IES) lighting guidelines are followed according to the appropriate class of play.

b.    Field lighting is provided exclusively for illumination of the surface of play and viewing stands and not for any other applications.

c.    Illuminance levels must be adjustable based on the task (e.g., active play vs. field maintenance).

d.    Off-site impacts of the lighting will be limited to the greatest practical extent possible.

e.    Lights must be extinguished by 10:00 pm local time or one hour after the end of play, whichever is later.

f.    Timers must be installed to prevent lights being left on accidentally overnight.

I.    Non-Conforming Lighting. Outdoor light fixtures lawfully installed and operable prior to the Effective Date are exempt from all such requirements, except as follows:

1.    All publicly owned lighting must be brought into conformance within five (5) years after the Effective Date.

2.    All privately owned lighting must be brought into conformance within five (5) years after the Effective Date.

3.    Notwithstanding anything herein to the contrary, any replacement or modification to nonconforming outdoor lighting must comply with the Dark Skies Standards.

4.    Notwithstanding anything herein to the contrary, all non-conforming outdoor lighting must be brought into compliance as a condition of land use approval involving a Conditional Use or a Site Plan Review.

J.    Lighting Plan Required. All applications for Site Plan Review and/or building permits must include lighting plans showing location, type, height, color temperature, lumen output and amount of all proposed and existing light fixtures, along with light fixture cut sheets from the manufacturer. The applicant must provide enough information to demonstrate compliance with the Dark Skies Standards. The Community Development Director may request any additional information necessary or appropriate to evaluate compliance with the Dark Skies Standards. [Ord. 536 § 3 (Exh. B), 2024].

Building Setbacks for the Protection of Solar Access.

A.    Purpose. The purpose of this Section is to provide as much solar access as feasible during the winter solar heating hours to existing or potential buildings by requiring all new structures to be constructed as far south on their lots as is necessary and feasible.

B.    Standards.

1.    All new structure or addition to existing residential structures shall meet the following standards except those mentioned in (C) (2) below:

a.    South Wall Protection Standard. The south wall protection standard is established in Figure 2.15.2500.A, and all new structures or additions shall meet this standard if feasible. If it is not feasible due to physical constraints of the lot, including but not limited to rock outcroppings, septic systems, existing legal restrictions, or lot dimensions as determined by the Community Development Director, then the structure or addition must be located as far to the south on the lot as feasible and must meet the standards set forth in (b) below.

b.    South Roof Protection Standard. All new structures or additions to existing structures shall meet the standard for south roof protection set forth in Figure 2.15.2500.B.

c.    Exceptions. The south roof protection standard shall not apply only if the applicant establishes:

1.    that the structure cannot be located on the lot without violating the requirements contained in Figure 2.15.2500.B; and

2.    that the structure is built with its highest point as far to the south as feasible; and

3.    that the structure is a single family residence with its highest point less than or equal to 16 feet in heights; or, if not a single family residence;

4.    that it is a permitted use for the lot.

d.    Exemptions:

1.    Property which is zoned commercial or industrial shall be exempt from meeting the solar setback. That portion of residential property abutting commercial or industrial property shall be exempt from meeting the solar setback requirements.

2.    All new residential lots, when approved through the subdivision, Master Plan or partition process, shall be exempt except when along the northern property line of the fully phased master plan.

3.    The governing body may exempt from the provisions of this Section any area in which it determines that solar uses are not feasible because the area is already substantially shaded due to heavy vegetation, steep north facing slopes, and any area or zone in which taller buildings are planned.

4.    The Community Development Director shall exempt a structure from the provisions of this Section if the structure will shade only a protected area in which solar uses are not feasible because the protected area is already substantially shaded at the time a request for exemption is made and approved by the Community Development Director. Notice of the proposed exemption shall be sent to the affected property owner(s). Any exemption may be appealed by the affected property owner(s) in accordance with Chapter 4.1

Figure A

Figure B

A.    Purpose. The purpose of the 1880’s Western Frontier architectural design theme is to improve the City’s image and visual appearance. It has also been developed with the desire to establish City identity and interest and to attract visitors and tourists in support of a significant community economy.

B.    Applicability. The Western Frontier Architectural Design Theme applies to all new, reconstructed or remodeled uses in all Commercial Districts, except for the Sun Ranch Tourist Commercial District (see 2.12.110). Each proposed development is required to complete land use review process subject to the following standards. All designs must comply with all applicable Building and Fire Codes.

1.    Architectural Compatibility. Architectural styles may vary from building to building, or from block to block. This variety helps to generate architectural interest in the commercial districts. At the same time it is important to recognize that the existing architectural styles are an influence to new designs.

Applications for development subject to the Western Design Theme shall indicate how the proposed building will relate to existing architecture on the block or within the area if no buildings are present on the block.

Rhythm of spacing of buildings on streets. Moving past a series of buildings generates a rhythm of recurrent building masses. An irregular and disjointed spacing can detract from the streetscape. Spacing within a block or a building group shall be organized to create a vertically harmonious transition of building facades; this may be achieved by ‘stepping up’ the heights of the horizontal center portions of taller buildings that abut shorter / single storied buildings.

Proportion of buildings’ front facades. The relationship between the width to height of the front elevation of a building must be in proportion to those of the immediately adjacent neighboring buildings where feasible.

2.    Architectural Design Themes. The 1880’s were a lively and diverse architectural period. The Comprehensive Plan lists 4 buildings that are on the Inventory of Historic Sites. These buildings include:

▪    Leithauser Store, Commercial, 120 E. Cascade (“The Sisters Bakery”)

▪    Aitken Drugstore, Commercial, 158 W. Cascade (“The Palace”)

▪    Hotel Sisters, Commercial, 105 W. Cascade (“Bronco Billy’s Ranch Grill & Saloon”)

▪    Hardy Allen House, Commercial, 310 E. Main (“Nettie’s”)

In addition to the four buildings listed on the Inventory of Historic Sites, there are other examples of architectural themes for structures that are consistent with the 1880’s Western Design Theme. At the discretion of the City, architectural themes of buildings seen in photos constructed east of the Cascades within the Pacific Northwest may be mimicked.

The following photos depict historic themes that are acceptable within the City of Sisters.

Hotel Sisters / Bronco Billy’s – 105 W. Cascade Avenue

The Sisters Hotel (Bronco Billy’s) is characterized by horizontal lap siding, flat roof, wood-clad windows that are approximately twice as tall as they are wide; an awning over the storefront windows, and white trim. Note the false second floor balcony used to enhance the separation between floors.

Aitken Drug Store/The Palace building – 158 W. Cascade Avenue

The Aitken Drug Store (Palace) is an historic building whose appearance is characterized by horizontal lap siding and upper-floor windows that are roughly twice as tall as they are wide. This building has a false front facade with corbels on the top / front of the false facade, a pitched roof, and covered pedestrian walkway.

South Valley Bank building – 610 N. Arrowleaf Trail

This style is represented by round arches over narrow windows and/or entryways; thick, cavernous entryways and window openings; thick masonry walls. This style may incorporate facades that are asymmetrical, variable stone and brick facades, and may incorporate wrought-iron trim and details.

First American Title building – 392 E. Main Avenue

Popular features of this style of building included lower floor masonry arches over windows and doors and masonry belt courses. The upper floor windows are tall and narrow, and all windows and doors use wood cladding and trim. This building also used false facades on the sides of the building. This style was quite popular for courthouses and university campuses in the late nineteenth and early twentieth century.

Antique Mall Building – 261 W. Cascade Avenue

This architectural style is characterized by the use of board and batten siding; wood-clad windows, false facade, and muted earth-tone colors. Covered pedestrian overhangs are commonly found with this architectural style.

Sisters Coffee Company – 273 W. Hood Street

The Sisters Coffee Company building is characterized by treated natural board and batten wood siding, a covered pedestrian walkway with wood supports, wood-clad windows, and a false facade. The height of the building generally matches the width to give a sense of balance to the building.

Three Creek Professional Building – 220 SW Ash Street

Log structures are found throughout Sisters and replicate a style of construction found east of the Cascades in the 1880’s. It represents a simple log structure style, incorporating horizontal log usage on the lower floor, vertical logs on the upper floor, a moderate to steeply-pitched roof, a small covered pedestrian area, wood-clad windows, and an exterior stairway leading to the upper floor.

3.    Guidelines for building designs. The following construction materials are recommended for use in the 1880’s Western Design Theme construction. Durable synthetic or manufactured building materials that simulate wood, stone or masonry are permitted. Certain siding is prohibited as stated below.

a.    Roofs. Coverings shall be non-reflective metal, tile, asphalt, and other appropriate materials. All roofing shall meet all applicable Fire and Building Codes.

b.    Exterior Finishes. Typical materials are varieties of actual or simulated horizontal wood siding, vertical board and batten (rough sawn or surfaced four sides) and cedar shingles, with the latter particularly applicable to ornamental patterns on residential structures. Brick or stone masonry provides additional choices of material. Any T-111 (grooved) plywood siding is prohibited. Smooth plywood shall not be used as an exterior finish material. Logs or rough-sawn plywood may be used as exterior finish material. Board and batten applications with battens shall have no less than nominal 1 x 2 dimension, placed on centers not exceeding 12 inches when plywood is used, and all vertical plywood joints and seams shall be covered by battens, and no plywood edges shall be left exposed.

During the period, there was a lack of high gloss finishes, therefore color applications were generally flat in nature. To duplicate this character, flat or low gloss products currently on the market should be utilized. Where the exterior is not painted the exterior is to be oiled and/or stained to protect the surface materials. This is practical with the use of cedar or redwood which both contain natural oils that protect the wood. As a practical matter for extended protection of any board and batten surface, the use of sealer or oil base of solid color stain is warranted. The same is true of vertical surfaces finished with cedar shingles.

Horizontal wood drop siding was normally finished with paint, however, in many instances no finish was applied. Here a sealer or stain would be appropriate in lieu of a painted surface.

c.    Windows. Wood sash windows are typical, to include double hung, casement, horizontal sliding and fixed sash. Simulated wood is acceptable in commercial construction provided that it replicates the appearance of wood. This is particularly true for large expanses of glass which are permitted in commercial storefronts and will undoubtedly require special foundation.

d.    Doors. Combination glass and wood panel doors are typical and are available in certain standard types, in single and divided glass lights. Synthetic or simulated wood is acceptable as it provides durability, but must have the appearance of authentic 1880’s western design.

e.    Colors. Rough sawn or milled boards and batten, particularly cedar and redwood, may be may be left unfinished and which may ultimately weather to silver gray in color.

Applied surface colors were predominately flat white for most buildings. Large area surface colors other than white were primarily flat earthy ochres, yellows, browns and reds. Trim was found at the cornices, vertical corner trim of a building, windows and doors, porch and balustrade.

Color samples are available at the Sisters City Hall.

C.    Benches.

Benches should be provided in both buildable and private pedestrian areas and walkways.

D.    Trash Enclosures.

Trash enclosures shall be carefully located and treated to integrate with the appearance of the site/building design. Trash enclosures shall incorporate construction materials which are consistent with the western frontier theme and the style of the adjacent buildings. All trash enclosures shall meet all applicable Fire and Building codes for placement and materials used. Placement of the enclosures shall be combined with neighboring properties where reasonably possible.

E.    Lighting.

Lighting shall be low intensity, shaded or shielded and subject to review and shall be compatible with the western frontier theme. Exterior lighting shall comply with Section 2.15.2400, Dark Skies Standards.

F.    Building Entrances.

Entrances to the building shall be receded from the sidewalk to provide for an entryway not in conflict with the pedestrian circulation on the sidewalk.

G.    Roof, mechanical equipment and satellite dishes.

Such equipment shall be screened in a method consistent and integral with the overall architectural appearance of the structure.

H.    Architectural details.

Attention to detail is of significant importance. Lighting fixtures, gates, exterior window treatments, use of material and color must be considered relative to the western frontier period for authenticity and detail.

I.    Awnings, canopies, porches.

Awnings, porches, canopies or other additions to a structure shall be reviewed and approved by the city, and shall be compatible with the western frontier theme. Such additions on corner buildings shall be continuous around the corner.

J.    Fences and Gates.

Fences and gates shall be constructed of wood and may contain ornamental iron details. Fence designs shall be consistent with the overall architectural style of the development, and shall meet all applicable clear vision, Fire and Building Code requirements. [Ord. 533 § 3 (Exh. I), 2023].

A.    Purpose; Applicability. The purpose of this section is to protect the character of the City’s residential neighborhoods by limiting and regulating short-term rental of dwelling units. The provisions contained in this Section 2.15.2700 apply to all lawfully established short-term rentals within the City. No person shall establish, maintain, advertise, offer, rent, occupy, use, operate or manage, nor offer or negotiate to use, lease, or rent, a dwelling unit for short-term rental occupancy without first applying for and obtaining a short-term rental permit in accordance with this Section 2.15.2700 or satisfying the legal non-conforming use requirements under subsection (J) of this section. A separate land use approval is required for each dwelling unit proposed for use as a short-term rental.

B.    Application Submittal Requirements. The following information shall be submitted to the City along with a form approved by the City in order to apply for a short-term rental permit.

1.    The name(s), address(es), email address(es), and telephone number(s) of the owner(s) of the short-term rental for which the permit is to be issued, and the same for the authorized representative if different than the owner(s). An application may be submitted by an owner with the buyer as the applicant and upon written request, the approval will be granted to the buyer.

2.    Acknowledgment by signature that the owner and authorized representative have read all the regulations relating to the operation of a short-term rental under SMC Chapter 5.50, Short-Term Rental Operating License.

3.    Verification that the applicant has registered as a hotel operator under SMC Chapter 3.15.

4    Certification of the accuracy of the information submitted and agreement to comply with the conditions of the permit.

5.    Consent to City’s inspection of the subject property and dwelling unit to ensure compliance with this section.

C.    Review Type. Applications for short-term rentals are subject to the following review processes:

1.    Short-term rentals within Commercial Zoning Districts (DC and HC) shall be:

a.    Processed as a Type I application; and

b.    Exempt from the concentration limits in subsection (E) of this section.

2.    Short-term rentals within Residential Zoning Districts (R, MFR, SRR), the Urban Area Reserve Districts (UAR), and the North Sisters Business Park (NSBP) shall be:

a.    Processed as a Type I application; and

b.    Subject to the concentration limits in subsection (E) of this section.

3.    Short-term rentals in existence prior to February 1, 2013 are reviewed in accordance with subsection (J)(2) below.

D.    Prohibited Uses.

1.    No recreational vehicle, travel trailer or other temporary shelter shall be inhabited as or used in conjunction with a short-term rental.

2.    Notwithstanding anything contained in the Development Code to the contrary, short-term rentals are prohibited in residential districts located in areas annexed into the city limits of Sisters after October 25, 2024.

E.    Concentration Limits.

1.    A short-term rental cannot be approved on a property within the R, MFR, SRR, UAR, or NSBP Districts, or within a residential-only development in one of the designated areas for residential development depicted in Figures 1 or 2 of Table 2.4.1 for the DC district, if proposed to be sited within 500 feet of another property within the R, MFR, SRR, UAR, or NSBP zones, or within a residential-only development in one of the designated areas for residential development depicted in Figures 1 or 2 of Table 2.4.1 for the DC district, that has a valid short-term rental approval or is a legal non-conforming use approved under subsection (J) of this section.

2.    Where a property subject to the concentration limits in subsection (E)(1) above has multiple dwelling units (i.e., ADUs, duplexes, apartments, condominiums, etc.), only one dwelling unit on the property may be used as a short-term rental.

3.    “Within 500 feet” means a straight-line measurement in a radius extending for 500 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property as determined by the Community Development Director.

F.    Limits on Permit Transfer. Notwithstanding anything contained in the Development Code to the contrary, any approval of a short-term rental application submitted after December 28, 2018, is specific to the owner of the property or owner-authorized buyer. This means that the short-term rental approval shall not run with the land, but shall terminate and be void, with no further proceedings, upon transfer of the real property subject to such a short-term rental approval. To continue the short-term rental use after a transfer, the transferee of such a real property must file, and receive approval of, a new application for a short-term rental, which application will be evaluated under the then-current regulations for short-term rentals (including, without limitation, the concentration limits). Then-current regulations for short-term rentals may preclude approval of such an application, and thus preclude continuation of the short-term rental use, following the transfer. For purposes of this section, “transfer” means any change of ownership of a property lawfully allowed to operate as a short-term rental, whether or not there is consideration; provided, however, “transfer” does not include the following: (a) upon the death of the owner, a change in ownership where title is held in survivorship with a spouse or domestic partner; (b) upon the death of the owner, a transfer to a trust which benefits only the decedent’s spouse, child(ren), or registered domestic partner for the lifetime of the spouse, child(ren), or registered domestic partner; (c) the transfer of ownership of the real property to or between the members of a limited liability company or partnership when the transfer involves the same owner(s); and/or (d) the transfer to a trustee, a corporation, a partnership, a limited partnership, a limited liability partnership, or other similar entity, if at least one owner is living at the time of transfer and retains at least a twenty-five percent (25%) interest in the entity.

G.    Short-Term Rental Operating License; Timing.

1.    License Required. In addition to obtaining applicable land use approvals for a short-term rental under this section, persons operating short-term rentals must obtain, and maintain at all times, a short-term rental operating license under SMC Chapter 5.50. All short-term rentals, regardless of the date the use was initiated, are subject to SMC Chapter 5.50.

2.    Timing. Subject to the provisions of this section, an owner and/or authorized agent must apply for a short-term rental operating license in accordance with SMC 5.50.040(3).

H.    Abandonment of Use.

1.    Notwithstanding SDC Chapter 5.2, Non-Conforming Uses and Structures, and except as provided in a temporary hardship exemption issued pursuant to subsection (H)(3) of this section, authorization to operate a short-term rental will be deemed void with no further proceedings or action required by the City (a) if short-term rental use ceases for any period of 365 consecutive days, and/or (b) the operating license is otherwise revoked.

a.    For short-term rentals lawfully established prior to December 31, 2018, the period of use shall initially be measured from the 365 days prior to the due date for obtaining the initial operating license. Thereafter, the period of use for such short-term rental shall be measured as any 365-day period.

2.    The following will be considered prima facie evidence of abandonment of use: (a) failure to pay Transient Room Tax in accordance with SMC Chapter 3.15 within any 365-day period; and/or failure to obtain and/or maintain an operating license in accordance with SMC Chapter 5.50.

3.    Temporary Hardship Exemption.

a.    A temporary hardship exemption from this section may be granted by the Community Development Director, in the Community Development Director’s sole discretion. To apply for a hardship, the applicant must complete the form prescribed by City and submit proof, acceptable to City, that:

i.    A medical condition of the owner, spouse, domestic partner or immediate family member that jeopardizes the ability of the owner to operate the short-term rental;

ii.    The death of a spouse, domestic partner or immediate family member that jeopardizes the ability of the owner to operate the short-term rental; or

iii.    The structural integrity of the short-term rental renders it uninhabitable for tenants and the owner is taking reasonable measures to repair or replace the short-term rental.

iv.    The operator cannot reasonably operate the short-term rental due to disease, war, riot, epidemic, act of God, and/or other natural disaster, including, without limitation, wildfire.

b.    The Community Development Director shall establish the duration of the temporary hardship exemption, but such duration shall not exceed 180 days. A one-time extension of the temporary hardship exemption, not to exceed 180 days, may be approved upon request if one of the conditions of subsection (H)(3)(a) of this section continues to apply.

I.    Expiration of Approval and Initiation of Use. If the owner does not initiate the use by renting the short-term rental at least one night within 180 days of the date of the short-term rental approval, the short-term rental approval shall be void with no further proceedings.

J.    Prior Existing Use.

1.    Existing Permits. Any short-term rental approved and legally permitted between February 1, 2013, and October 25, 2024, that does not comply with the current standards may continue as a legal non-conforming use provided:

a.    That the use is not abandoned under subsection (H) of this section; and

b.    That the owner obtains and maintains the operating license in accordance with Chapter 5.50 SMC.

c.    The owner has the burden of establishing a valid prior approval and continuous operation when applying for an operating license or operating license renewal.

d.    Approved permits of short-term rental applications submitted after December 28, 2018, are subject to the transfer restrictions under subsection (F) of this section.

2.    Legal Non-Conforming Uses. Any short-term rental that was lawfully established prior to February 1, 2013, when the initial short-term rental regulations were adopted, and has been lawfully and continually operating since that time, may continue as a legal non-conforming use provided:

a.    The non-conforming use is verified through a declaratory ruling in accordance with Chapter 4.9 SDC.

b.    That the use is not abandoned under subsection (H) of this section; and

c.    The owner obtains and maintains an operating license in accordance with Chapter 5.50 SMC.

K.    Inspection.

1.    Commencing on December 31, 2018, prior to issuance of an operating license, the Community Development Director may require any dwelling unit authorized as a short-term rental to be inspected to verify that the dwelling unit is in compliance with all applicable Building Codes.

2.    The Community Development Director may visit and inspect the site of a short-term rental, and reinspect on a schedule prescribed by the Community Development Director, to ensure compliance with all applicable regulations. Such inspections shall occur during normal business hours, with reasonable notice, and pursuant to such other procedural requirements adopted by the Community Development Director. Code violations shall be processed in accordance with SDC Chapter 1.4, Enforcement.

L.    Revocation.

1.    If three or more code violations related to the use of the short-term rental, verified by the Community Development Director, have occurred on the property containing the short-term rental within a period of 365 consecutive days, the City may revoke any authorization to operate a short-term rental.

2.    Complaints to the City regarding code violations related to the use of the short-term rental shall be filed in accordance with SDC Chapter 1.4.400, Complaints Regarding Violations, and/or SMC Chapter 5.50.

    Violations shall be processed in accordance with SDC Chapter 1.4 and SMC Chapter 8.15, Nuisances. [Ord. 540 § 2 (Exh. B), 2024; Ord. 533 § 3 (Exh. I), 2023; Ord. 509 § 3 (Exh. B), 2020; Ord. 489 § 2 (Exh. B), 2018].

The purpose of the Airport District is to recognize the location of a privately-owned public use airport and to provide for the continued operation and vitality consistent with state law. The priority within the Airport Zone is to protect the safety of air travelers and the general public. Unobstructed visibility is essential to protect the safety of air travelers and the general public.

A.    Permitted uses. Uses allowed in the Airport District are listed in Table 2.16.1 with a “P.” These uses are allowed if they comply with the development standards and other applicable regulations of this Code. The City of Sisters may authorize commercial, industrial, manufacturing and other uses in addition to 2.16.200 within the airport boundary where such uses are consistent with applicable provisions of the acknowledged comprehensive plan, statewide planning goals and LCDC administrative rules and where the uses do not create a safety hazard or otherwise limit approved airport uses.

B.    Special Provisions. Uses that are either permitted or conditionally permitted in the Airport District subject to special provisions for that particular use are listed in Table 2.16.1 with an “SP.”

C.    Conditional uses. Uses that are allowed in the Airport District with approval of a conditional use permit are listed in Table 2.16.1 with a “CU.” These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 4.4 of this Code.

D.    Similar uses. Similar use determinations shall be made in conformance with the procedures in Chapter 4.8 – Code Interpretations.

    Key: P = Permitted CU = Conditional Use MCU = Minor Conditional Use Permit SP = Special Provisions

The following property development standards shall apply to all land, buildings and uses in the Airport District:

A.    Lot Area, lot frontage, setbacks, lot coverage and building height.

B.    Greater Setbacks. All developments shall meet applicable FAA, ODA, fire and building code standards, which may require greater setbacks than those listed.

C.    Buffering. A 20-foot minimum buffer zone shall be required between development in the Airport District and any home in an abutting Residential District. The buffer zone shall provide landscaping to screen any abutting parking, services and delivery areas, and walls without windows or entries, as applicable and subject to applicable aviation standards. The buffer may contain pedestrian seating but shall not contain any trash receptacles, loading facilities or storage of equipment, materials, vehicles, etc. The landscaping standards in Chapter 3.2 may require buffering of other activities, as well.

D.    Design Guidelines and Standards. A variety of architectural elements shall be used on the front of the building and shall be incorporated side and rear elevations when visible to a street. Architectural features include windows, projections, building off-sets, detailing, and change in materials, paint, or similar devices. The Airport District is exempt from the 1880’s architectural and design theme.

E.    Outside Operations, Display and Storage. Outdoor operations, display and storage are permitted so long as related to the principal use. All materials stored on site shall be stored in a neat and orderly manner. Material may not be stored or displayed within clear vision areas, landscaped areas, parking areas or pedestrian or other ingress/egress areas.

F.    Paving

1.    The following areas shall be paved for properties located within the Airport District.

a.    Driveway Aprons.

b.    Primary public-use driveways leading to primary public-use parking area.

i.    24' wide (minimum) paved width required.

c.    Primary public-use parking area.

d.    ADA pathways.

2.    Except for driveway aprons, which must always be paved, the City may allow compacted gravel as an alternative to on-site paving in the Airport District, in part or in full, upon a reasonable finding that pavement may not be suitable for the intended use of the site. Criteria for paving exemption consideration includes the following;

a.    Nature of site usage (such as unusual driveway construction or maintenance costs due to heavy equipment usage and/or material handling).

b.    Infrequent or no public access onto site such as service roads, runway perimeters, and other airport service areas.

c.    Future site usage (such as future site development or modifications to the site that would conflict with pavement surface; future product inventory needs; other operational and/or development factors).

G.    Screening and Landscaping. The screening standards address specific unsightly features which detract from the appearance of the airport.

1.    Garbage and recycling collection areas. All exterior garbage cans, garbage collection areas, and recycling collection areas must be orientated away from the street and abutting homes. Trash enclosures shall be constructed of solid, durable and attractive walls/fences, a minimum of six (6) feet in height, with solid doors, and shall be visually consistent with project architecture. As an alternative, trash dumpsters may be located behind structures, or shielded in a manner to conceal them from public roads. Trash receptacles for pedestrian use are exempt. If constructed, trash enclosures shall be compliant with all applicable fire codes.

2.    Mechanical equipment, lights, emissions, shipping/receiving areas, and other components of the airport use that are outside of an enclosed building, shall be located away from abutting residential zones, schools, parks and other non-airport zoned properties.

3.    Landscaping. This Section supplements the landscaping requirements contained in Chapter 3.

4.    Plant Materials. Fewer plant materials are necessary because airplanes need clear vision and no obstructions on the ground. Any ground level obstructions are hazards and are allowed only where necessary to serve the use.

Landscape requirements within the Airport District:

a.    Trees will not be planted on either end of the runway, including no street trees along Camp Polk Road;

b.    A landscaped island after every fifth parking space is not required;

c.    Plant materials that may attract wildlife and/or birds to the runways are discouraged in the Airport District.

5.    Open Space and Landscaping Amounts. The standard open space requirement typically required for commercial and industrial developments would result in more than five acres to be set aside within the airport. The airport could accommodate this but since airport and safety needs must take precedence, most of the open space will not be freely accessible to the general public. Thus, the landscaping and open space shown on the Airport Master Plan will be the maximum that will be required.

H.    Defensible Space Standards. Development is subject to the applicable defensible space standards in Chapter 3.7 SDC. [Ord. 543 § 2 (Exh. M), 2025].