The purpose of this Article is to:

1. Carry out the Comprehensive Plan with respect to development standards and policies.
2. Promote and maintain healthy environments and minimize development impacts upon surrounding properties and neighborhoods.

1. Application. The standards set forth in this Article shall apply to partitions; subdivisions; developments; commercial and industrial projects; single family dwellings, duplexes and multi family dwellings.
2. Alternatives to standards. The application of these standards to a particular development shall be modified as follows:
   1. Development standards which are unique to a particular use, or special use, shall be set forth within the applicable zone or in this Chapter.
   2. Those development standards which are unique to a particular zone shall be set forth in the Chapter governing that zone.

Standards for the provision and utilization of public facilities or services available within The City of Sweet Home shall apply to all land developments in accordance with the following table of reference. No development permit shall be approved unless the following improvements are provided prior to occupancy or operation, or unless future provision is assured through a bond, deposit, agreement or similar instrument approved by The City.

Public Facilities Improvement Requirements Table – Table 17.40.1 

Legend: No = Not required Yes = Required C = Conditional, as noted:

C-1 Fire hydrants for commercial or industrial expansions. One or more fire hydrants are required when the total floor area of a new or expanded building exceeds 2,500 square feet, or the proposed use is classified as Hazardous (H) in the Uniform Building Code or Uniform Fire Code.

C-2 Street improvements for single family dwellings, duplex dwellings and partitions.

1. New single-family dwellings and duplex dwellings on an existing parcel less than 2.0 acres in size and fronting an existing street which does have a full street improvement including sidewalks, as required in the City’s street design standards and Chapter 17.42.040, shall dedicate the needed right-of-way and shall install the full improvement along a parcel’s frontage.
   
2. If there is no adjacent improvement, a right-of-way permit fee, in accordance with the City’s adopted connection fees, will be required in lieu of constructing the improvement.
3. If a street extension to serve the residence is necessary, the owner must provide the necessary right-of-way dedication and street improvement to city street standards along the full frontage of the parcel.
4. A partition to parcels of 2.0 acres or larger does not require street improvements. A partition to parcels smaller than 2.0 acres requires street improvements.

C-3 Partitions. Wells are only allowed per Municipal Code provisions.

C-4 Street improvements for commercial or industrial expansions. The City will require improvement to full City standards when the use meets either of the following criteria:

1. The use generates an average of 100+ trips per day per 1000 gross square feet of building as documented in the Trip Generation Manual of the Institute of Transportation Engineers, or other qualified source; or
   
2. The use includes daily shipping and delivery trips by vehicles over 20,000 pounds gross vehicle weight.

1. To provide for safe, efficient, convenient multi-modal movement in The City of Sweet Home.
2. To provide adequate access to all proposed developments in The City of Sweet Home.
3. To provide adequate area in all public rights-of-way for sidewalks, bikeways, sanitary sewers, storm sewers, water lines, natural gas lines, power lines and other utilities commonly and appropriately placed in such rights-of-way.
4. For purposes of this Chapter:
   1. “Adequate access” means direct routes of travel between destinations; such destinations may include residential neighborhoods, parks, schools, shopping areas, and employment centers.
   2. “Adequate area” means space sufficient to provide all required public services to Standards defined in this Development Code or The City’s most current Engineering Standards.

The provisions of this Chapter shall be applicable to:

1. The creation, dedication or construction of all new public or private streets, bikeways, or accessways in all subdivisions, partitions or other developments in The City of Sweet Home.
2. The extension or widening of existing public or private street rights of way, easements, or street improvements including those which may be proposed by an individual or The City, or which may be required by The City in association with other development approvals.
3. The construction or modification of any utilities, sidewalks, or bikeways in public rights-of-way or street easements.

The following provisions shall apply to the dedication, construction, improvement or other development of all public streets in The City of Sweet Home. Unless otherwise modified through provisions in this Chapter, all streets shall be designed in conformance with the specific requirements of The City’s Transportation System Plan and most current Engineering Standards.

1. Street layout. The location, width, and grade of streets shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and to the proposed use of the land to be served by the streets.
2. Continuation. Development proposals shall provide for the continuation of all streets, bikeways and accessways within the development and to existing streets, bikeways, and accessways outside the development.
3. Future street extensions. When it appears possible to continue a street, bicycle path and/or pedestrian accessway into a future subdivision, adjacent acreage or area attractors such as schools and shopping centers, these facilities shall be platted to a boundary of the subdivision or development. Further, the street may be platted without a turnaround unless the Public Works Department or local Fire District finds a turnaround is necessary for reasons of traffic safety.
4. Dead end streets. The following shall apply:
   1. Dead end streets can be allowed only when the extension of street is not possible due to one or more of the following reasons:
      1. A natural feature, such as a wetland, stream or steep slope makes it impractical for the street to be extended.
      2. An existing structure or use is located on an adjacent parcel within the alignment of the proposed street.
      3. An existing deed restriction or covenant or political boundary does not allow the extension of the street.
      4. The alignment is approved as part of a Planned Development.
   2. Reserve strips and street plugs may be required to preserve the objectives of dead-end streets.
5. Alignment. All streets other than local streets or cul-de-sacs, shall be in alignment with existing streets by continuation of the centerlines to the maximum extent feasible. The staggering of street alignments resulting in “T” intersections shall be avoided wherever practical. However, when not practical, the staggering of street alignments resulting in "T" intersections shall meet with the approval of the City Engineer and ensure compliance with accepted traffic safety standards.
6. Intersection angles. Streets shall be laid out to intersect at angles as near to right angles as practical, except where topography requires lesser angles. Intersections of less than 80 degrees shall require approval of the City Engineer. All tangent calculations and curb radii shall comply with Engineering Standards.
7. Existing streets. Whenever existing public streets adjacent to or within a tract are of inadequate width, additional right of way shall be provided at the time of subdivision, partitioning, or development.
8. Half streets. Half streets may be approved where essential to the reasonable development of an area and when The City finds it to be practical to require the dedication of the other half when the adjoining property is developed. Whenever a half street is adjacent to a tract to be developed, the other half of the street shall be dedicated. Specific improvement requirements are contained in Chapter 17.42.050. Reserve strips and street plugs may be required to preserve the objectives of half-streets.
9. Cul-de-sacs. Cul-de-sacs are not encouraged and allowed only where no other reasonable alternative exists. Where permitted, a cul de sac shall have maximum lengths of 800 feet and terminate with a circular turn-around. Cul-de-sacs over 400 feet in length shall provide accessways to provide connectivity to adjacent streets and uses, unless physical constraints preclude a pedestrian/bicycle accessway. The Fire Code may establish additional standards.
10. Street names. Street names and numbers shall conform to regulations contained in the Sweet Home Municipal Code Chapter 12.20.
11. Grades and curves. Grades shall conform with City of Sweet Home Engineering Standards.
12. Marginal access streets. If a development abuts or contains an existing or proposed arterial street, The City may require marginal access streets, reverse frontage lots with suitable depth, screen planting contained in a non access reservation along the rear or side property line, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.
13. Lots abutting a partial street. Development of property abutting an existing public street which does not meet the minimum right-of-way standards, shall include sufficient yard setback equal to the minimum yard requirements of the zoning district, plus, the additional land required to meet the minimum right of way width.
14. Unimproved street. Development of property adjacent to an unimproved right-of-way shall require the installation of an improved surface to meet fire code requirements and the submittal of a development agreement to participate in future street improvements, conforming to the regulations in SHMC 17.58.050(B)(2).

The location, width and grade of streets shall be considered in their relation to existing and planned streets, topographical and drainage conditions, public convenience and safety, the proposed use of land to be served by the streets, and full land utilization which will not result in tracts of vacant inaccessible land. Street design standards are intended to provide city staff with standards and guidelines for protecting the function and integrity of The City's transportation system. There are two types of Improved Type Standards for City streets:

• IMPROVED STREETS are Urban Standard roadways that provide paved travel lanes, curb and gutter or infiltration basin drainage, pedestrian sidewalks, bike lanes, and landscaped planter areas. IMPROVED STREETS are also Rural Standard roadways that provide paved travel lanes, roadside ditch or infiltration basin drainage, pedestrian sidewalks, shared road & bike lanes, and sometimes beautification planter areas.

• UNIMPROVED STREETS are Rural Standard roadways that provide paved travel lanes, roadside ditch drainage, however no pedestrian sidewalks or bike lanes, and no landscaped planter area

The following table implements the standards of the Transportation System Plan.

* Other City approved alternatives may be proposed, such as "Green Streets" standards, as defined by Portland Metro Green Streets handbook, and subsequent updates. A green street can be defined as a street designed to integrate a system of storm water management within its right of way, and to:

• Reduce the amount of water that is piped directly to streams and rivers.
• Be a visible component of a system of "green infrastructure" that is incorporated into the aesthetics of the community.
• Make the best use of the street tree canopy for storm water interception as well as temperature mitigation and air quality improvement.
• Ensure the street has the least impact on its surroundings, particularly at locations where it crosses a stream or other sensitive area.

** Planting strips may include filtration strips and swales. *** Allowed only within a Planned Development. **** Measured as adjacent edge to edge of right-of-way, with the higher street category controlling.

Half-Street development conditions typically occur in areas where existing travel lanes are pre-existing and development occurs on one side of the right-of-way only.

1. Extension of roadways. In areas where street pavement, curbs, stormwater drainage, and sidewalks do not exist; sidewalk, curb, drainage system and driveway construction shall be required in the following conditions:
   1. When located adjacent to existing street improvements of sidewalk, curb, drainage system and street paving.
   2. When located on an arterial or collector street, as designated in the City’s adopted Transportation System Plan.
      
   3. When as a property lot of an existing subdivision, lot frontages were not constructed within or around the perimeter of the subdivision.
   4. When located on a corner of two public street rights-of-way, both of which do not have existing sidewalk, curb and drainage. Corner development will set line and grade for the remainder of street block segment.
   5. When located on a corner of two public street rights-of-way, only one of which has sidewalk, curb and drainage, the undeveloped adjacent side shall be constructed to match line and grade of the abutting roadway right-of-way and shall provide linkages in the sidewalk network.
   6. When located on the opposite side of the public right-of-way from an existing system of sidewalk, curb and drainage, development of street structure shall match both vertical and horizontal alignments.
   7. When commercial development projects are constructed, or when existing commercial projects are redeveloped, reconstructed or modified, and could provide access to the roadway frontage for vehicles and pedestrians, regardless of adjacent roadway conditions such improvements shall be provided. Not providing access to the right-of-way frontage will not remove the requirement for development of pedestrian access along that frontage.
2. Layout standards. Half-Street improvements shall follow the existing grade and curvature alignment of the roadway and right-of-way. Half-Street Improvements have 3 different scenarios.
   1. Half-Street improvements in the truest condition shall extend to the centerline of the right-of-way. In cases where the roadway is not centered in the right-of-way the improvement will terminate as close as practical to the center of the roadway. The Public Works Director shall review the project for consideration of alternative options.
   2. The equivalent of a Quarter-Street Improvement is where the roadway is in good condition, at the right slope and elevation, and nothing needs to be changed or updated, then the roadway may be sawcut along the edge of pavement or Fog Line. The new construction improvements shall meet flush with the existing roadway surface and be sealed with a tack coat and sand seal on the joint.
   3. The equivalent of a Three-Quarter-Street Improvement is where the roadway is in bad enough shape in any form, that the improvement shall extend across the centerline to cover the opposite lane area. This applies also when development happens in category 1 and 2 roadways (grass and gravel respectively) that undergo improvements for access without the benefit of subdivision requirements.
   4. Where the existing roadway is at adequate elevation relative to the adjoining property, the half-street improvement may meet the edge of existing pavement or roadway structure. If pavement degradation or excavations are significant to the roadway frontage, the developer may be required to complete finish paving to the centerline of the street.
   5. When one end of the roadway section is at a lower elevation and remainder is higher than the abutting property, the half-street improvement will require the excavation of the full width of the travel lanes and the lowering of the roadway surface.
   6. When both ends of the roadway section are at the higher incorrect elevation, the roadway does not need to be constructed. In this case street improvements will have to be accomplished in a comprehensive neighborhood street improvement project, taking into account driveway apron slopes, stormwater drainage and property area drainage inlets, etc.

The City may allow modification to the public street standards of Chapter 17.42.040 when both of the following criteria are satisfied:

1. The modification is necessary to provide design flexibility in instances where:
   1. Unusual topographic conditions require a reduced width or grade separation of improved surfaces; or
   2. Parcel shape or configuration precludes accessing a proposed development with a street which meets the full standards of this Chapter; or
   3. A modification is necessary to preserve trees or other natural features determined by The City to be significant to the aesthetic character of the area.
2. Modification of the standards of Chapter 17.42.040 shall only be approved if The City finds that the specific design proposed provides adequate vehicular access based on anticipated traffic volumes.

Construction specifications for all public streets shall comply with the criteria of the most recently adopted public works/street standards of The City of Sweet Home.

Public sidewalk improvements are required for all property development in The City of Sweet Home and along Arterial and Collector streets. Sidewalks may be deferred by The City where future road or utility improvements will occur and on property in the rural fringe of The City where urban construction standards have not yet occurred. The property owner is obligated to provide the sidewalk when requested by The City or is obligated to pay their fair share if sidewalks are installed by The City at a later date.

1. Sidewalks shall be constructed within the street right-of-way. Sidewalk easements shall only be accepted where the Public Works Department determines that full right-of-way acquisition is impractical.
2. Sidewalks shall connect to and align with existing sidewalks. Sidewalks may transition to another alignment as part of the approval process.
3. Sidewalks width and location, including placement of any landscape strip, shall comply with City of Sweet Home Engineering Standards.
4. Planter strips and the remaining right-of-way shall be landscaped and maintained as part of the front yard of abutting properties. Maintenance of sidewalks and planters shall be the continuing obligation of the abutting property owner.
5. Mid-block crosswalks. The City may require mid-block crosswalks for long blocks or to provide access to schools, parks, shopping centers, public transportation stops or other community services.
6. Internal pedestrian circulation and accessways shall be provided within all commercial, multifamily and planned developments.

Bikeways are required along Arterial and Collector streets. Bikeways shall comply with City Engineering Standards. Developments adjoining existing or proposed bikeways shall include provisions for connection and extension of such bikeways through dedication of easements or rights-of-way.

Private streets shall only be permitted as part of an approved Planned Development. At a minimum, the streets shall conform to the Residential Neighborhood Street requirements unless otherwise modified by the decision.

A private access easement (joint use driveway) created as the result of an approved land division shall conform to the following.

1. Width. Where permitted, the access easement shall comply with the following standards:
   1. Minimum easement width: 20 feet
   2. Minimum paved width: For private access of 150’ or less and serving one dwelling - 12 feet; serving two dwellings - 16 feet. For private access of more than 150’ – 16 feet.
   3. Maximum length: 200 feet
   4. No more than 2 single-family detached dwellings or 2 duplexes shall have their sole access to the easement. Easements serving 2-3 homes or 2-3 duplexes shall comply with the provisions for a Residential Neighborhood Street. Easements serving 4 or more homes, or 4 or more duplexes shall comply with the local street standards and Chapter 17.110 Subdivision standards.
2. Surface improvement. The surface width noted in A.1. above shall be improved with either asphalt or concrete for the entire length of the private access easement.
3. Maintenance. Provision for the maintenance of a private access driveway shall be provided in the form of a maintenance agreement, homeowners’ association, or similar instrument acceptable to The City. The applicable document shall be recorded against the deed record of each parcel, and if appropriate, placed on the final partitioning plat.
4. Turn-around. A turn-around shall be required for any access easement which is the sole access, and which is either in excess of 150 feet or which serves more than one dwelling. Turn-arounds shall comply with the requirements of the Sweet Home Fire District.
5. Fire lanes. All private access easements shall be designated as fire lanes and signed for "no parking." All private access easements and joint use driveways shall comply with International Fire Code.
6. Easement required. Where The City approves a private access easement or joint use driveway, the property owners shall record an easement with the deed allowing joint use of and cross access between adjacent properties. The owners of the properties agreeing to joint use of the driveway shall record a joint maintenance agreement with the deed, defining maintenance responsibilities of property owners. The applicant shall provide a fully executed copy of the agreement to The City for its records, but The City is not responsible for maintaining the driveway or resolving any dispute between property owners.

The following shall apply to all lots and parcels that are accessed by either a private street or private access easement:

1. Lot and parcel size. The easement containing the private access easement shall be excluded from the lot or parcel size calculation.
2. Setbacks. The line fronting along a private street or private access easement shall be considered a property line. Setbacks to the garage and home shall be measured from this easement line.
3. Lot depth and width. Where required by the underlying zone, the lot width shall be measured along the easement boundary and the lot depth shall be measured from the easement boundary to the rear lot line.

The purpose of this subsection is to coordinate the review of land use applications with roadway authorities and to implement Section OAR 660-012-00451.E. of the state Transportation Planning Rule, which requires The City to adopt a process to apply conditions to development proposals in order to minimize impacts and protect transportation facilities. The following provisions also establish when a proposal must be reviewed for potential traffic impacts; when a Traffic Impact Analysis must be submitted with a development application in order to determine whether conditions are needed to minimize impacts to and protect transportation facilities; the required contents of a Traffic Impact Analysis; and who is qualified to prepare the analysis.

1. When a traffic impact analysis is required. The City or other road authority with jurisdiction may require a Traffic Impact Analysis (TIA) as part of an application for development, a change in use, or a change in access. A TIA shall be required where a change of use or a development involves one or more of the following:
   1. A change in zoning or a plan amendment designation;
   2. Operational or safety concerns documented in writing by a road authority;
   3. An increase in site traffic volume generation by 300 Average Daily Trips (ADT) or more;
   4. An increase in peak hour volume of a particular movement to and from a street or highway by 20 percent or more;
   5. An increase in the use of adjacent streets by vehicles exceeding the 20,000-pound gross vehicle weights by 10 vehicles or more per day;
   6. Existing or proposed approaches or access connections that do not meet minimum spacing or sight distance requirements or are located where vehicles entering or leaving the property are restricted, or such vehicles are likely to queue or hesitate at an approach or access connection, creating a safety hazard;
   7. A change in internal traffic patterns that may cause safety concerns; or
   8. A TIA required by ODOT pursuant to OAR 734-051.
2. Traffic impact analysis preparation. A professional engineer registered by the State of Oregon, in accordance with the requirements of the road authority, shall prepare the Traffic Impact Analysis.

The purpose of this Chapter is to provide adequate areas for the parking, maneuvering, loading and unloading of vehicles for all land uses in The City of Sweet Home.

1. Application. Except as modified or restricted elsewhere within this Development Code, the provisions of this Chapter shall apply to the following types of development:
   1. Any new building or structure erected after the effective date of this Development Code.
   2. For existing commercial, industrial, or multifamily residential structures, the construction or provision of additional floor area, seating capacity, or other expansion of an existing building or structure.
   3. For existing single family or duplex residences, any expansion greater than 50% of the original floor area.
      
2. Change of use exception. A change in the use of an existing building or structure to another use permitted in the underlying zone shall not require additional parking spaces or off street loading areas.

Off street parking and loading areas shall be provided on the same lot with the main building or structure or use except that:

1. Yards. Off-street parking areas may be located in a required yard setback for multi-family residential, commercial and industrial uses with an approved 10-foot landscaped buffer.
2. Residential. In residential zones, automobile parking for dwellings and other uses permitted in a residential zone may be located on another lot if such lot is within 200 feet of the lot containing the main building, structure or use, and if guaranteed by access easement or other recorded agreement prior to development. In no case shall the parking requirements at the off-site location be reduced, unless otherwise approved as joint-use parking.
3. Parking. Driveways may be used for off-street parking for single-family and duplex dwellings.
4. Non-residential. In non-residential zones, parking may be located off the site of the main building, structure or use if it is within 500 feet of such site. In no case shall the parking requirements at the off-site location be reduced, unless otherwise approved as joint-use parking.

Parking area may be used for a loading area during those times when the parking area is not needed or used. Parking areas may be shared between uses where hours of operation or use are staggered such that peak demand periods do not occur simultaneously. The requirements of this Chapter may be reduced accordingly. Such joint use shall not be approved unless satisfactory evidence is presented which demonstrates the access and parking rights of all parties.

1. Parking required. The provision and maintenance of off street parking and loading space is a continuing obligation of the property owner. No building permit shall be issued until plans are presented that show property that is and will remain available for exclusive use as off street parking and loading space. The subsequent use of property for which the building permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking and loading space required by this Development Code.
2. Interpretation of parking requirements. Requirements for types of buildings and uses not specifically listed herein shall be determined by the City Planner based upon the requirements of comparable uses listed and expectations of parking and loading need.
3. Multiple use facilities. In the event several uses occupy a single structure or parcel of land, the total requirements for off street parking shall be the sum of the requirements of the uses computed separately, unless a reduction is approved for shared parking pursuant to Chapter 17.44.040.
4. Storage prohibited. Required parking spaces shall be available for the parking of operable passenger automobiles of residents, customers, patrons, and employees only, and shall not be used for storage of vehicles or materials.

1. Vehicle parking spaces. Provisions for off street vehicle and bicycle parking shall comply with the following minimum requirements:
   
   VEHICLE AND BICYCLE PARKING SPACE REQUIREMENTS
   
   

   	Land Use Activity	Vehicle Spaces	Bicycle Spaces	Measurement
   A.	Single family and Duplex	2 spaces per single family dwelling unit; two spaces total for a duplex	0	None
   B.	Multi-family dwellings (3 or more units)	Studio – 1 space/unit 1-2 bedroom – 1.5 spaces/unit 3+ bedroom – 2 spaces/unit	0.25	Per dwelling unit
   C.	Hotel, motel, boarding house	1 space per guest room plus 1 space for the owner or manager	1	Per 20 guest rooms
   D.	Club, lodge	Spaces sufficient to meet the combined minimum requirements of the uses being conducted, such as hotel, restaurant, auditorium, etc.	2	Per 20 vehicle spaces
   E.	Hospital, nursing home	1 space per two beds and 1 space per 2 employees	0.5	Per five beds
   F.	Public assembly, churches, auditorium, stadium, theater	1 space per 4 seats or every 8 feet of bench length, or 60 sq. ft. of area w/o fixed seats	1	Per 20 vehicle spaces
   G.	Preschool, kindergarten, elementary, junior high school	Greater of 2 spaces per classroom, or the requirement for a place of public assembly	2	Per classroom
   H.	High school	Greater of 8 spaces per classroom, or the requirement for a place of public assembly	1	Per classroom
   I.	Bowling alley, skating rink, community center	1 space per 100 sq. ft. plus 1 space per two employees	1	Per 20 vehicle spaces
   J.	Retail store, except as provided in "K"	1 space per 500 sq. ft. plus 1 space per 2 employees	1	Per 20 vehicle spaces
   K.	Service or repair shop, retail store handling exclusively bulky merchandise such as automobiles or furniture	1 space per 800 sq. feet of gross floor area, plus 1 space per 2 employees	1	Per 30 vehicle spaces
   L.	Bank; office buildings; medical and dental clinic	1 space per 400 sq. ft. of gross floor area, plus 1 space per 2 employees	1	Per 20 vehicle spaces
   M.	Eating and drinking establishment	Greater of 1 space per 4 seats, or, 1 space per 400 sq. ft. of gross floor area	1	Per 20 vehicle spaces
   N.	Wholesale establishment	1 space per 1,000 sq. ft. of gross floor area, plus 1 space per 800 sq. ft. of retail area	1	Per 30 vehicle spaces
   O.	Municipal and governmental	1 space per 800 square feet, plus 1 space per 2 employees	1	Per 20 vehicle spaces
   P.	Manufacturing and processing:	One space per employee during the largest shift, plus,
   	0-24,900 sq. ft.	1 space per 800 sq. ft.	1	Per 20 vehicle spaces
   	25,000-49,999 sq. ft.	1 space per 900 sq. ft.	1	Per 20 vehicle spaces
   	50,000-79,999 sq. ft.	1 space per 1000 sq. ft.	1	Per 20 vehicle spaces
   	80,000-199,999 sq. ft.	1 space per 1,200 sq. ft.	1	Per 20 vehicle spaces
   	200,000 sq. ft. and over	1 space per 2,000 sq. ft.	1	Per 20 vehicle spaces
   Q.	Warehousing and storage distribution, terminals	One space per employee during the largest shift, plus,
   	0-49,999 sq. ft.	1 space per 3,000 sq. ft.	1	Per 30 vehicle spaces
   	50,000 sq. ft and over	1 space per 5,000 sq. ft.	1	Per 30 vehicle spaces

2. Bicycle spaces. Bicycle parking development requirements.
   1. Space size. Each bicycle parking space shall be a minimum of six feet long and two feet wide and be accessible by a minimum five-foot aisle.
   2. Location. All bicycle parking shall be within 100 feet from a building entrance(s) and located within a well-lit area. Any long-term bicycle parking spaces shall be sheltered from precipitation.
3. Maximum vehicle parking spaces. The minimum spaces identified under item A. in this Section, shall not be increased by more than 30%.

Commercial or industrial buildings between 10,000 to 25,000 square feet in area shall require a loading space. This initial loading space may incorporate the parking area. One additional space shall be required for each additional 25,000 square feet of gross floor area, or any portion thereof. The minimum loading space dimensions shall be 12 feet wide, 30 feet long, and 14 feet vertical clearance.

All parking and loading areas shall be developed and maintained as follows:

1. Surfacing. All driveways, parking and loading areas shall have a durable hard surface of asphaltic cement or concrete. Surface improvements shall conform to the following:
   1. Paving improvements. Paving shall comply with adopted Engineering Standards of The City of Sweet Home.
   2. Timing. Unless modified by a variance or a site development review, or, bonded per City requirements, all driveways and off-street parking and loading areas shall be improved prior to occupancy of the primary structure.
   3. Surfacing options for industrial zone. The City Engineer may allow the use of a graveled parking area in the industrial zones, provided surface drainage is addressed per Engineering Standards and at least 20-feet of each access driveway connecting with a public street is paved.
2. Parking spaces. Parking spaces shall be a minimum 9-feet wide and 20-feet in length. Up to 20% of the parking area may contain “compact spaces” with dimensions of 8 feet in width and 16 feet in length.
3. Driveways. The following standards shall apply to all driveways:
   1. Single family residence, and duplex dwellings.
      1. If one driveway is installed, no driveway width shall be less than 12 feet nor exceed 24 feet as measured at the property line. For lots or parcels exceeding 100-feet in width, the driveway width shall not exceed 36-feet.
      2. If more than one driveway is installed, for property with 50 to 100 feet of frontage, the maximum width for each driveway is 20 feet and no more than two driveways may be permitted. For frontage in excess of 100 feet, each additional 100 feet or fraction thereof shall be considered as separate frontage.
      3. Driveways shall be limited to off-street parking, and, the parking and storage of recreational vehicles.
   2. Multi-family, commercial, industrial and public uses.
      1. Without adjacent parking (minimums):
         1. One-way: 12 feet
         2. Two-way: 24 feet
      2. With adjacent parking:
         
         

         Parking Angle	Driveway Width
         0 to 40	12 feet*
         41 to 45	13 feet*
         46 to 55	15 feet*
         56 to 70	18 feet*
         71 to 90	26 feet

         *One-way only driveways
      3. There shall be a minimum separation of 22 feet between all driveways.
   3. General standards.
      1. Distance from intersection. All driveways shall be located the maximum distance which is practical from a street intersection and in no instance shall the distance from an intersection be closer than the following measured from the nearest curb return radius, which is the nearest beginning point of the arc of a curb:
         
         

         Local street	20 feet
         Collector street	30 feet
         Arterial street	40 feet

         Where streets of different functional classification intersect, the distance required shall be that of the higher classification.
      2. Number of accesses permitted. Access points to a public street shall be the minimum necessary to provide reasonable access while not inhibiting the safe circulation and street carrying capacity.
      3. Double frontage properties. Properties which have frontage on more than one street may be restricted to access on the streets of a lower classification through site plan review or other review procedures.
      4. Joint access encouraged. Common accessways at a property line shall be encouraged and, in some instances, may be required, in order to reduce the number of access points to street. Construction of common accessways shall be preceded by recording of joint access and maintenance easements.
      5. Maximum slope. Access and approach grades shall not exceed 10% slope except as otherwise approved by the City Engineer.
      6. Access to state highways. Access to designated state highways shall be subject to the provisions of this chapter in addition to requirements of the Highway Division, Oregon Department of Transportation. Where regulations of The City and state may conflict, the more restrictive requirement shall apply.
4. Screening. When any public parking or loading area is within or adjacent to a residential zone, such parking or loading area shall be screened from all residential properties with an ornamental fence, wall or hedge of at least 4 feet in height. The screening shall otherwise comply with applicable height limitations and clear vision requirements.
5. Lighting. Any light used to illuminate a parking or loading area shall be arranged to be directed entirely onto the loading or parking area, shall be deflected away from any residential use and shall not cast a glare or reflection onto moving vehicles on public rights of way.
6. Driveway required. Groups of more than four parking spaces shall be so located and served by a driveway that their use will require no backing movements or maneuvering within a street right of way.
7. Traffic safety. Service drives to off street parking areas shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress and the maximum safety of pedestrians and vehicular traffic on the site.
8. Curbing. Parking spaces along the outer boundaries of a parking area shall be contained by a curb or a bumper rail at least 4" high, located a minimum of 3 feet from the property line, to prevent a motor vehicle from extending over an adjacent property or a street.

To provide for the drainage of surface water from all residential, commercial and industrial development; to minimize erosion; to reduce degradation of water quality due to sediments and pollutants in storm water runoff.

The provisions of this Chapter shall apply to all partitions, subdivisions, multi family developments, commercial developments and industrial development; and to the reconstruction or expansion of such developments.

No construction of any facilities in a development included in Chapter 17.90 shall be permitted until a storm drainage and erosion control plan, designed in accordance with The City’s Engineering Standards, for the project is prepared by an engineer registered in the State of Oregon and is approved by The City. This plan shall contain at a minimum:

1. The methods to be used to minimize the amount of runoff, siltation, and pollution created from the development both during and after construction.
2. Plans for the construction of storm sewers, open drainage channels and other facilities which depict line sizes, profiles, construction specifications and other such information as is necessary for The City to review the adequacy of the storm drainage plans.
3. Calculations used by the engineer in sizing storm drainage facilities.

1. Design standards. All development shall be planned, designed, constructed and maintained to:
   1. Protect and preserve existing natural drainage channels to the maximum practicable extent;
   2. Protect development from flood hazards;
   3. Provide a system by which water within the development will be controlled without causing damage or harm to the natural environment, or to property or persons within the drainage basin;
   4. Assure that waters drained from the development are substantially free of pollutants, through such construction and drainage techniques as sedimentation ponds, reseeding, phasing or grading;
   5. Assure that waters are drained from the development in such a manner that will not cause erosion to any greater extent than would occur in the absence of development;
   6. Avoid placement of surface detention or retention facilities in road rights of way.
2. Public easements. In the event a development or any part thereof is traversed by any water course, channel, stream or creek, gulch or other natural drainage channel, adequate easements for storm drainage purposes shall be provided to The City. This shall not imply maintenance by The City.
3. Obstruction of channel. Channel obstructions are not allowed except as approved for the creation of detention or retention facilities approved under the provisions of this Development Code and in compliance with City Engineering Standards.
4. City inspection. Prior to acceptance of a stormwater system by The City, it shall be flushed and inspected by The City. All costs shall be borne by the developer.

1. Grading Permits are required for the following activities and shall be subject to City of Sweet Home Public Works Standards.
   1. Grading in excess of 50 cubic yards;
   2. Grading potentially impacting, Riparian Areas, Drainage ways, Flood Hazard Areas or Greenways;
   3. Grading that could possibly impact adjacent properties;
   4. Grading proposed over public storm drains, sanitary sewers or water lines;
   5. Grading requiring tree removal;
   6. Other areas with potential impacts as determined by The City as part of a land use review;
   7. Land partitions and subdivisions.
2. If the approved grading activity is associated with a building permit, a final grading inspection shall be required prior to issuance of certificate of occupancy.

To provide adequate services and facilities appropriate to the scale and type of development.

1. Design and location. The location, design, installation and maintenance of all utility lines and facilities shall be carried out with minimum feasible disturbances of soil and site.
2. Private utilities. All development which has a need for electricity, gas and communications services shall install them pursuant to the requirements of the district or company serving the development. Except where otherwise prohibited by the utility district or company, all such facilities shall be underground.
3. Water service required. All development which has a need for public water shall install the facilities pursuant to the requirements of The City. Installation of such facilities shall be coordinated with the extension of necessary sanitary sewer services and storm drainage facilities.
4. Sanitary sewer required. All development which has a need for public sanitary sewers shall install the facilities pursuant to the requirements of The City. Installation of such facilities shall be coordinated with the extension of necessary water services and storm drainage facilities.
5. Street lights. When required, the installation of street lights shall be pursuant to the requirements of The City Engineering Standards and the requirements of the utility company serving the development.
6. Easements, general. Easements shall be provided along property lines as deemed necessary by The City, special districts, and utility companies. Easements for special purpose uses shall be of a width deemed appropriate by the responsible agency. Such easements shall be designated on the final plat of all subdivisions and partitions.

All public facility improvements shall be designed and constructed in compliance with adopted City of Sweet Home Engineering Standards. The Director of Public Works (or designee) shall determine compliance with these standards. These standards are considered requirements and may not be altered pursuant to provisions in this Development Code.

1. The purpose of this chapter is to provide reasonable and necessary regulations for the design, construction, placement and maintenance of signs to protect the public health, safety and general welfare of the community. The regulations allow a variety of sign types and sizes. The sign standards are intended to allow for signs with adequate visibility to adjacent streets, but not necessarily to streets farther away.
2. The regulations for signs have the following specific objectives:
   1. To ensure that signs are designed, constructed, installed and maintained to ensure public and traffic safety and enhance the appearance of The City;
   2. To reflect and support the desired character and development patterns of the community;
   3. To provide for adequate and effective signs without dominating the visual landscape;
   4. To balance the needs of business with the desire to preserve and enhance the visual character of The City;
   5. To allow clear visibility of traffic signs and signal devices, pedestrians, driveways, intersections and other necessary clear vision areas.

ABANDONED SIGN. A sign structure with a display surface associated with a use of a property that has ceased for a period of at least six months.

ALTERED. The modification of the size, shape, or height of a sign, including the replacement of the display surface materials with other comparable materials and the sign structure. This does not include normal maintenance and repair of an existing sign.

AWNING. A permanent roofed structure which may be free-standing or partially attached to a building for the purpose of providing shelter.

CLEARANCE. The distance measured from the highest point of the grade below the sign to the lowest point of the sign.

CURB LINE. The face of the curb that delineates the roadway line from block to block, excluding pedestrian and parking bulb outs.

DISPLAY SURFACE. The area made available by the sign structure for the purpose of displaying the message.

ERECT. To build, construct, attach, place, suspend or affix, including the painting of wall signs.

HEIGHT. The distance measured from the highest point of the natural grade below the sign to the highest attached component of the sign.

ILLUMINATED. A sign that contains or consists of lights or a light source including the following:

EXPOSED ILLUMINATION. A light source that is seen such as neon, fiber optics, LED, bare bulbs, or similar light sources.

EXTERNAL ILLUMINATION. An external light source directed to illuminate the exterior surface of the sign.

INTERNAL ILLUMINATION. A source of illumination from within a sign.

MARQUEE. A permanent roofed structure attached to and supported by the building and projecting over public property.

MURAL. Artwork on the inventory of and under the ownership of the Sweet Home Active Revitalization Effort (SHARE) - Mural Committee, a part of the Sweet Home Economic Development Group (SHEDG).

NATURAL GRADE. The elevation of the original or undisturbed natural surface of the ground.

NONCONFORMING SIGN. A sign lawfully existing at the time this chapter becomes effective which does not conform to the requirements of this chapter.

PERMANENT. Any sign intended to be used for a period greater than 60 days.

SIGN. Any object or device or part thereof that is used to advertise or identify an object, person, institution, organization, business, product, service, event or location by means including words, pictures, graphics, logos, symbols, colors, motion, illumination or projected images.

SIGN STRUCTURE. Any structure which supports a sign.

WORK OF ART. A work made and\or valued primarily for an artistic rather than practical function.

1. It is unlawful for any person to erect, repair, alter, relocate or maintain within The City, any sign except as provided in this chapter.
2. Signs shall not be attached to an approved sign without permits to ensure compliance with this chapter.
3. Signs, along with their supports, braces, guys, anchors and electrical equipment, shall be kept fully operable, in good repair and maintained in a safe condition.
4. The display surfaces of signs shall be kept clean and legible.
5. Signs which do not conform to this chapter but which existed and were maintained as of the effective date of the ordinance codified in this chapter shall be considered nonconforming signs.
6. Any nonconforming sign that is altered or relocated shall immediately comply with all provisions of this chapter.
7. Sign area includes the area within a perimeter enclosing the limits of words, pictures, graphics, logos, symbols, colors, motion, illumination or projected images used to advertise or identify an object. The area of a sign with no such perimeter or the area of a sign with irregular shape shall be computed by enclosing the surface area within a known geometric size or shape. The measurable area shall not include the essential sign structure, foundations, supports, pole covers, or decorative roofing provided there is no advertising copy, symbols or logos present.

Signs shall be designed and constructed to comply with the provisions of this chapter and of building codes, as adopted in Title 15 for the use of materials, loads and stresses. Illuminated signs may require an electrical permit that must be obtained from the appropriate governmental agency, currently the Linn County Building Department.

1. All signs are subject to Sweet Home Building Inspection Program permit or a zoning permit, unless specifically exempted by this chapter.
2. Where a permit is required, construction documents shall include a site plan and show the dimensions, material and required details of construction, including loads, stresses and anchors.
3. Signs shall be designed and constructed for wind and seismic load and working stresses to meet building codes.
4. LED signs shall have photocell(s) that dim to 50% levels during the night hours.
5. Guy wires are permitted for support of a sign only in instances in which no other means of safe support exists.
6. Trusses and frames which support signs, excepting sandwich board signs, will be enclosed with the supporting structures constructed as a part of the continuation of the sign.

1. Awning sign. Any sign that is displayed on or is a part of a fabric, metal or other structural awning material supported entirely from the exterior wall of a building.
2. Directional sign. An on-premise sign designed to be read by a person already on the premises and used only to identify and locate an office, entrance, exit, telephone or similar place, service or route.
3. Double faced sign. When two display surfaces supported by the same sign structure are placed back-to-back, or the distance between each sign face does not exceed two feet at any point, the display surfaces shall be regarded as a single sign.
4. Flexible sign. A windsock, flag, pennant, streamer, banner or similar sign or structure that identifies the building or the business and/or attracts attention to the business and is constructed of cloth, canvas or similar material.
5. Group sign. A sign identifying a group of businesses located on the same property, such as a shopping center shall be considered independent of the permitted sign area for the individual businesses.
6. Household sign. A sign placed at a residence identifying the occupants.
7. Marquee sign. A sign placed under a marquee or awning.
8. Projecting sign. A sign that projects from and is supported by a wall of a building or structure and perpendicular or nearly perpendicular to the structure or wall.
9. Reader board. A sign designed so that the message may be changed by removal or addition of specially designed letters that attach to the display surface of the sign.
10. Sandwich board sign. A temporary sign of A-frame construction, usually two sided, designed for placement on the sidewalk in front of a place of business.
11. Temporary sign. Any sign, regardless of construction material, which is not permanently mounted.
12. Wall sign. A display surface directly adhered onto a building or structure.
13. Window sign. A sign placed in or on a window or glass door in a building.

1. The following are not included as signs:
   1. Flags of nations, states, and cities;
   2. Window displays that are not signs;
   3. Works of art.
2. Signs exempt from the Building Inspection Program permits include the following:
   1. Signs painted directly on a structure. The Planning Office will issue a sign permit for these signs;
   2. Signs erected by a transportation authority;
   3. Signs that are replaced or are upgraded with no change to the frame or anchorage.

No part of a sign located under a marquee or awning shall project more than 12 inches below the marquee or awning and shall be at least eight feet above grade.

1. Temporary signs in a residential zone must be removed within 60 days of being placed on a property.
2. Temporary signs may not be located on private property without consent of the property owner or their agent.

No sign shall be constructed, erected or maintained that:

1. Intends to be, is an imitation of, or resembles an official traffic sign or signal;
2. By reason of its size, location, movement, content, coloring or manner of illumination:
   1. May be interpreted as a traffic control device;
   2. Blocks from view any traffic signal or street sign; or
   3. May pose a hazard to pedestrians or vehicular traffic.
3. Is affixed to a utility pole;
4. Is affixed to a mural;
5. Is attached to or painted on vehicles visible from the right-of-way unless the vehicle is used for transport in the normal day-to-day operations of a business;
6. Projects any sound that may create a safety hazard;
7. Shines directly into any adjacent residential quarters or onto vehicle drivers;
8. Obstructs any fire escape, window, door or opening used as a means of egress;
9. Prevents free passage from one part of a roof to any other part of the roof or any opening required for ventilation;
10. Substantially obstructs the view of a sign on adjoining property when viewed from a distance of 200 feet at any point four feet above the grade of the traffic lane closest to the street property line.

In an R-l, R-2 and R-3 zones, the following signs shall be allowed:

1. A household sign not exceeding six inches by 18 inches in size per dwelling unit, is not illuminated and is located entirely within the property lines of the lot;
2. The maximum square footage of signs in a residential zone shall not exceed 60 square feet;
3. Neighborhood organizations may place signs on private property with owner approval, provided that the sign does not exceed 18 inches by 24 inches in size, and is not illuminated;
4. Commercial and professional uses and residential care facilities allowed in a residential zone may have one of the following principal signs:
   1. One monument or ground-mounted sign with up to 32 square feet of sign area and a maximum of five feet in height, or
   2. Signs attached to the structure not to exceed a maximum combined sign area of 12 square feet for each principal use in the building;
5. Multi-family dwellings and subdivisions may have two monument or ground-mounted signs up to a total of 32 square feet of sign area and a maximum of five feet in height located at the principal entrances to the multi-family dwelling or subdivision;
6. A temporary sign shall not exceed six square feet in area;
7. A directional sign shall not exceed two square feet in area.

1. The total square footage of signs for each property may not exceed an area equal to one square foot for each linear foot of public frontage of the property. Regardless of frontage, all properties are allocated at least 50 square feet of signage.
2. In addition to square footage authorized for each property based on public frontage, an additional square footage for each business, as identified by a current certificate of occupancy, located on that property, is authorized as follows:
   1. If a business is located less than 50 feet from a public right-of-way, that business is allocated an additional 16 square feet of sign area, regardless of frontage.
   2. If a business is located more than 50 feet but less than 100 feet from a public right-of-way, that business is allocated an additional 32 square feet of sign area, regardless of frontage.
   3. If a business is located more than 100 feet but less than 200 feet from a public right-of-way, that business is allocated an additional 100 square feet of sign area, regardless of frontage.
   4. If a business is located more than 200 feet from a public right-of-way, that business is allocated an additional 200 square feet of sign area, regardless of frontage.
3. A group sign, excluded from any square footage authorized, may not exceed an area equal to one square foot for each foot of public frontage of the property or 200 square feet, whichever is the least.
4. Temporary and flexible signage is not included in the allocated square footage on a property in these zones.
5. Signs in these zones may be illuminated.
6. Signs in the Central Commercial (C-l) zone must conform to the following standards:
   1. Every sign must maintain a minimum horizontal distance between the sign and the curb line of not less than two feet;
   2. A sign projecting more than two-thirds of the distance from the property line to the curb line shall have a minimum clearance of at least 12 feet;
   3. A sign projecting less than two-thirds of the distance from the property line to the curb line shall have a minimum clearance of at least eight feet.
7. Signs in the Highway Commercial (C-2) and Recreational Commercial (RC) and Industrial(M) zones must conform with the following standards:
   1. No sign shall be located so it will extend beyond the property lines;
   2. Signs shall meet one of the following standards:
      1. The display surface of the sign must have a minimum clearance of 12 feet if located within five feet of the property line;
      2. If a display surface has a clearance of less than 12 feet, all parts of the sign shall be located a minimum of five feet behind the property line.
8. Signs in the Neighborhood Commercial (C-3) zone must conform with the following standards:
   1. No more than one sign, not to exceed 25 square feet in area.
   2. The sign shall be placed flat against the building.

1. The City or another public agency sign shall be allowed to be erected, installed, replaced, or maintained in or on any public property, including streets.
2. Temporary signs may not be located in public rights-of-ways, except as allowed by this section:
   1. Flexible signs in existing pole hole locations in sidewalks, or as approved in the future by the appropriate jurisdiction, as long as the display surface does not exceed 12 inches in width, three feet in length, and is not located in an area that will block the view of vehicular or pedestrian traffic;
   2. In the Central Commercial zone, sandwich board signs may be placed on the sidewalk as long as they do not exceed six square feet in size, three feet in height, and are not located in an area that will block the view of vehicular or pedestrian traffic. Placement of a sandwich board must maintain a clear pedestrian passage area of at least four feet for Americans with Disabilities Act passage clearance. Placement should take into consideration curb parking and the ability to open car doors.
3. Banners for special events may be placed over rights-of-ways at locations with permanent attachments with approval of the jurisdictions having authority of the right-of-way and the structure where the banner will be attached.

Signs that either do not lend themselves to the ordinary processes of measurement because they are integrated into the design of the building structure or signs designed for a special purpose that makes strict application to this chapter difficult may be permitted as a conditional use when the Planning Commission finds such signs conform with the intent of this chapter and are appropriate to the type of development or structure to which they are related.

1. All required permits must be obtained prior to placement of the sign.
2. Signs that do not comply with this chapter or that are abandoned are declared a nuisance and The City may cause the removal of the sign.
3. The City may use Chapter 8.04.020 for the abatement procedures for this Chapter.
4. If the owner of the sign, or the owner of the premises upon which the sign was located, does not pay the costs of removal, The City may dispose of the sign.

Where the conditions imposed by any provision of this chapter are less restrictive than comparable conditions imposed by any other applicable codes, the provisions which are more restrictive shall govern.

Any allowance for signs not complying with the standards set forth in these regulations shall be by variance. Variances to Chapter 17.50 shall be processed according to the variance procedures in Chapter 17.106; however, the variance request shall be subject to the following criteria:

1. There are unique circumstances of conditions of the lot, building or traffic pattern such that the existing sign regulations create an undue hardship;
2. The requested variance is consistent with the purpose of the Section as stated in Chapter 17.50.010; and
3. The granting of the variance compensates for those circumstances in a manner equitable with other property owners and is thus not a special privilege to the business. The variance requested shall be the minimum necessary to compensate for those conditions and achieve the purpose of this Chapter.
4. The granting of the variance shall not decrease traffic safety nor detrimentally affect any other identified items of public welfare.
5. The variance will not result in a special advertising advantage in relation to neighboring businesses or businesses of a similar nature. The desire to match standard sign sizes (for example, franchise store signs) shall not be listed or considered as a reason for a variance.
6. The variance request shall not be the result of a self-imposed condition or hardship.

Fences can create a sense of privacy, protect children and pets, provide separation from busy streets, and enhance the appearance of property. The negative effects of fences can include the creation of street walls that inhibit police and community surveillance, decrease the sense of community, hinder emergency access, lessen solar access, hinder the safe movement of pedestrians and vehicles, and create an unattractive appearance. These standards are intended to promote the positive aspects of fences and to limit the negative ones.

For purposes of this Chapter, "front yard" means a yard extending across the full width of a lot or parcel of land and extending from the front lot line to the entire actual front building line or shall be the same as the respective front setbacks required by the underlying zone, whichever is less. The following standards shall apply to all fences, hedges, and walls.

Construction of fences and walls shall conform to all of the following requirements:

1. Permits required. No person shall construct or reconstruct any fence or wall without first obtaining a permit.
2. Clear vision areas. All fences, hedges, and walls adjacent to a roadway intersection shall comply with clear vision requirements.
3. Land use approval. The Planning Commission may require installation of walls and/or fences as a condition of development in a land use approval. When so conditioned by a land use action, no further land use review is required for the fence or wall.
4. Measuring fence height. Fence height shall be measured from the average height of the grade adjacent to where the fence is to be located. If a fence is to be constructed on top of a berm, the height shall be measured from the bottom of the berm. Where the natural grade changes (i.e., hillside or swale) the fence, hedge, and wall height shall change with the grade.
5. Temporary fences. A temporary fence may be constructed with wire, rolled plastic, wood or other suitable material as determined by the City Manager or designee. The City Manager or designee shall establish the time duration for a temporary fence not to exceed 12 months. All temporary fences, prior to installation, must first have the approval of the City Manager or designee.
6. Hedges. Hedges located within five feet of a property line abutting a street shall not exceed a maximum height of three and one-half feet.
7. Gates. Gates shall not open or swing into public right-of-way.

Fences and walls shall comply with the materials standards set forth in this subsection.

1. Fences. Fences shall be constructed of materials specifically designed and manufactured for fencing purposes, including, but not limited to, wood, wrought iron, vinyl, aluminum, and chain link (with a top rail support). Materials not specifically designed as fencing material, include, but are not limited to, corrugated cardboard, corrugated metal, plywood, wooden pallets, concrete rubble, and junked material, are prohibited.
2. Walls. Walls shall be constructed of materials specifically designed and manufactured for use as walls, including, but not limited to, masonry, rock, concrete, concrete block, or other similar materials.
3. Hazardous materials. Fences and walls shall not be constructed of or contain any material that will do bodily harm, such as electric or barbed wire, broken glass, spikes, or any other hazardous or dangerous materials, except as follows:
   1. Barbed wire is permitted on top of a six-foot tall fence in non-residential zones only. The total height of the fence and barbed wire is limited to seven feet. Barbed-wire-only fences are prohibited except as allowed in subsection “a.” below:
      1. Livestock Containment. Where cattle, sheep, horses or other livestock are permitted or existed when the property was annexed to The City, barbed wire is permitted when used to contain or restrict livestock provided that the fences are posted at 15-foot intervals with clearly visible warnings of the hazard.
   2. Above ground electrically charged fences are only permitted when used to pasture or control livestock, for farming or other similar agricultural uses in zones where such uses are permitted and when the following standards can be met:
      1. On boundary fences, the electrically charged wires shall be located on the inside face of the fence posts;
      2. The electrically charged fence shall not exceed four feet in height;
      3. The electrically charged fence shall be a pulsed charge system, and not a continuous charge system; and
      4. Warning signs stating, “Warning, Electric Fence” shall be posted at intervals not less than 15 feet.

Residential Zoning Districts (R-1, R-2, R-3, MU). The maximum height of a fence and wall within residential zoning districts shall be as follows:

1. Fences and walls.
   1. Front yard abutting street. Fences and walls within a front yard abutting a street shall not exceed a maximum height of three and one-half feet when constructed with solid materials (i.e. wood fence) or four feet when constructed with open material (i.e. chain-link fence).
   2. Side and rear yards abutting street.
      1. Fences and walls located less than three feet from a street property line shall not exceed a maximum height of three and one-half feet when constructed with solid materials (i.e. wood fence) or four feet when constructed with open material (i.e. chain-link fence).
      2. Fence and walls located more than three feet from the street property line shall not exceed a maximum height of seven feet.
   3. Interior side and rear yards. Fences and walls located at a property line not abutting a street shall not exceed a maximum height of seven feet.
   4. Through lots. Fences and walls shall be constructed in accordance with the front setbacks required by underlying zone on both streets.
   5. Flag lots. On flag lots, the maximum height of a front yard fence or wall shall not exceed seven feet, provided the front yard of the flag lot is abutting interior side or rear yards on all sides.
      1. Fences and walls located in the portion of the pole that abut a front or corner side yard (i.e. from the street property line to the front building line of the adjacent property, or respective front setbacks required by underlying zone, whichever is less) shall not exceed a maximum height of three and one half feet when constructed with solid materials (i.e. wood fence) or four feet when constructed with open material (i.e. chain-link fence).

The maximum height of fences and walls within the commercial and industrial zones, shall be as follows.

1. Yards abutting street.
   1. Fences and walls located less than five feet from a street property line shall not exceed a maximum height of three and one-half feet when constructed with solid materials (i.e. wood fence) or four feet when constructed with open material (i.e. chain-link fence).
   2. Fences and walls located more than five feet from the street property line shall not exceed a maximum height of seven feet.
2. Interior side and rear yards. Fences and walls located at a property line not abutting a street shall not exceed a maximum height of seven feet.
3. Barbed wire. Barbed Wire may be used in the City Limits.

Fences may be constructed on public rights-of-way and/or easements subject to certain restrictions. Construction of fences on public rights-of-way or easements requires permission from the appropriate public agency. The City allows placement of fences on public rights-of-way and certain easements, provided that action does not impair The City’s ability to address its public functions and the permit holder agrees to remove the fence upon request.

1. When residential construction includes a pathway or walkway intended to be constructed adjacent to these pedestrian type features, the Applicant shall install along the full length of the property frontage intersecting or encountering these features, a fence composed of metal, rock or vinyl material with the supporting wood treated posts placed on an adequate concrete footing. Pathway or walkway type fencing shall be installed in such a fashion as to provide better visibility from adjacent homes or buildings and to assure public safety and avoid a tunneling effect associated with tall fences bordering narrow pathways.
2. See-through pathway fencing shall not exceed five feet in height and solid fencing shall not exceed four feet in height the length of the property frontage intersecting or encountering the pathway, walkway or greenbelt.

1. Sight obscuring fences shall be constructed of an aluminum mesh fencing with slats or other solid non-vision-type fencing of such design and material that will retain its attractiveness with nominal maintenance.
2. The following uses are declared to require sight obscuring fences: junkyards, wrecking yards, equipment or vehicle salvage storage yards, auction blocks, lumberyards, sanitary landfills, recycling collection stations and other uses determined to be similar in nature to the aforementioned as determined by the community and economic development director or designee.

1. Except as noted in item “B.”, no signage may be installed on fencing except for advisory purposes (such as “no trespassing”) consistent with the sign code provisions in this Development Code. No such sign shall exceed two square feet and no such sign shall be located closer than 20 feet from any other sign posted on the same fence.
2. Signs may be placed on the interior side of fences delineating athletic fields, such as the outfield fence at a baseball park.

All swimming pools shall be enclosed by a locking fence of at least six (6) feet in height. An existing structure or structures may be incorporated into the fence design.

1. Landscaping guidelines. To guide the planting and maintenance of landscaping materials.
2. Appearance. To enhance the appearance of The City, provide areas for outdoor recreation and to:
   1. Provide shade and windbreaks where appropriate to conserve energy in building and site design;
   2. Buffer and screen conflicting land uses;
   3. Provide for the landscaping of parking areas to facilitate vehicular movement and break up large areas of impervious surface.
   4. Promote public safety through appropriate design principles.
3. Erosion control. To prevent or reduce erosion potential on steep terrain by providing appropriate landscape materials.

1. Landscaping required. All construction, expansion, or redevelopment of structures or parking lots for commercial, multi family, or industrial uses shall be subject to the landscaping requirements of this Section. No building permit shall be issued for new construction or for additions to existing buildings without compliance with this Section.
2. Plan submittal. With the exception of land divisions, landscaping plans shall be submitted for all Type II and Type III land use applications.

Landscaped areas may include landscaping around buildings; in open spaces and outdoor recreation areas; in islands and perimeter planting areas in parking and loading areas; and in areas devoted to buffering and screening as required in this Section and elsewhere in this Code. The following area requirements shall be the minimum areas devoted to landscaping:

1. Multi-family developments. A minimum of 25% of the gross land area shall be devoted to landscaping in multi family developments. Interior courtyards, atriums, solar greenhouses and roof gardens may be included with general landscaped areas in the calculation of this percentage.
2. Mixed used developments. A minimum of 15% of the gross land area shall be devoted to landscaping in mixed use combining commercial and residential development. Otherwise, single uses in the MUE zone are subject to the landscaping requirements for that type of use.
3. Commercial developments. Except for land in the C-1 zone, a minimum of 10% of the gross land area shall be devoted to landscaping in commercial developments.
4. Industrial developments. A minimum of 10% of the gross land area shall be devoted to landscaping in industrial developments.
5. Expansions. For expansions of existing developments and parking lots, the minimum new landscaped area shall be determined by: first calculating the percentage of the increase of total floor area or parking area; multiplying the gross site area by this percentage of increase; multiplying the resulting area by the minimum percentage for the type of development, as noted above.

1. Landscaped area. For purposes of satisfying the minimum requirements of this Code, a "landscaped area" must be planted in lawn, ground cover plants, shrubs, annuals, perennials or trees, or desirable native vegetation, or be used for other landscape elements as defined in this Code.
2. Submittal requirements. A submitted landscaping plan shall include the following:
   1. Type, variety, scale and number of plants used;
   2. Placement and spacing of plants;
   3. Size and location of landscaped areas;
   4. Contouring, shaping and preparation of landscaped areas;
   5. Use and placement of non plant elements within the landscaping.
   6. Method of irrigation.
   7. Significant Trees.
      1. The existing significant trees identified by their common names, along with the size of such significant trees. Existing significant trees shall include any trees which were removed within the one-year period prior to the date the application was first submitted.
      2. Which significant trees are proposed to be removed or have been removed within the past year.
      3. Which significant trees are to be left standing and what steps will be taken to protect and preserve those trees.
      4. Location, size and type of replacement trees proposed to be added, if any.
      5. As used herein, "significant trees" are trees having a height of more than fifty (50) feet and/or having a trunk whose diameter is more than twelve (12) inches at ground level.
      6. The above provisions include and apply to all significant trees located on the subject property or on any adjacent public right-of-way
3. Existing vegetation. The landscape design shall incorporate existing significant trees and vegetation preserved on the site.

1. Planting height. No sight obscuring plantings exceeding 30 inches in height shall be located within any required vision clearance area.
2. Plant materials. Plant materials shall not cause a hazard. Landscape plant materials over walks, pedestrian paths and seating areas shall be pruned to a minimum height of eight feet. Landscape plant materials over vehicular traffic areas shall be pruned to a minimum height of 15 feet.
3. Utility interference. Landscape plant materials shall be selected which do not generally interfere with utilities above or below ground.
4. Installation. Landscape plant materials shall be properly guyed and staked to current industry standards as necessary. Stakes and guy wires shall not interfere with vehicular or pedestrian traffic.
5. Suitability. Plant materials shall be suited to the conditions under which they will be growing. As an example, plants to be grown in exposed, windy areas that will not be irrigated should be sufficiently hardy to thrive under these conditions. Plants should have vigorous root systems, and be sound, healthy, free from defects, diseases, and infections.
6. Deciduous trees. Deciduous trees should be fully branched, have a minimum caliper of 1 1/4 inches, and a minimum height of 8-feet at the time of planting.
7. Evergreen trees. Evergreen trees shall be a minimum of 6 feet in height, fully branched at time of planting.
8. Shrubbery. Shrubs shall be supplied in a minimum 1-gallon containers or 8-inch burlap balls with a minimum spread of 12 to 15 inches.
9. Ground cover. Ground cover plants shall be spaced in accordance with current nursery industry standards to achieve covering of the planting area. Rows of plants are to be staggered for a more effective covering. Ground cover shall be supplied in a minimum 4-inch size container or a 2 1/4-inch container or equivalent if planted 18 inches on center.
10. Irrigation. All developments are required to provide appropriate methods of irrigation for the landscaping. Sites with over 1,000 square feet of landscaped area shall be irrigated with automatic sprinkler systems to insure the continued health and attractiveness of the plant materials. Sprinkler heads shall not cause any hazard to the public. Irrigation shall not be required in wooded areas, wetlands, floodplains, or along natural drainage channels or stream banks.
11. Re-planting. Trees or shrubbery which die-off shall be replaced with a new plant of the same or similar type. Replacement is ultimately the responsibility of the property owner.
12. Maintenance. Landscaping shall be continually maintained. Appropriate methods of care and maintenance of landscaped plant material shall be provided by the owner of the property.
13. Plant protection. Landscape plant material shall be protected from damage due to heavy foot traffic or vehicular traffic by protective tree grates, pavers or other suitable methods.

Every building erected shall be located on a lot as herein defined.

No required yard or other open space or required driveway provided around or for any building or structure for the purpose of complying with the provisions of this Development Code shall be considered as providing a yard or open space for any other building. No yard or other required space on an adjoining lot shall be considered as providing a yard or open space on the lot whereon the building is to be erected.

The following features, when not more than one story high, may project into the front yard setback area, provided the projection shall come no closer than 10 feet from the property line: planter boxes, chimneys and flues, steps, cornices, eaves, gutters, belt courses, leaders, sills, pilasters, lintels, and other ornamental features, uncovered porches, covered but unenclosed porches.

1. Cornices, eaves, gutters and fire escapes may project into a required side yard not more than one-third of the width of the required side yard.
2. Chimneys, flues, belt courses, leaders, sills, pilasters, lintels and ornamental features may project not more than 2.5 feet into a required side yard, provided the chimneys and flues shall not exceed 6 feet in width.
3. Uncovered decks and patios attached to the main building, and no more than 3-feet in height when measured directly beneath the outside edge of the deck or patio, may be extended to the side yard property line. This provision shall exclude street side yards.

1. Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, gutters and other ornamental features, may project not more than 1.5 feet into a required rear yard, provided the chimneys and flues shall not exceed 6 feet in width.
2. A fire escape, balcony, outside stairway, cornice or other unenclosed, unroofed projections may project not more than 5 feet into a required rear yard.
3. The following features, when not more than one story high, may project into the rear yard setback area: planter boxes, chimneys and flues, steps, cornices, eaves, gutters, belt courses, leaders, sills, pilasters, lintels, and other ornamental features, uncovered porches, covered but unenclosed porches.
4. No permitted projection into a required rear yard shall extend within 10-feet of the center line of an alley or within 5-feet of a rear lot line if no alley exists.

A clear vision area shall be maintained where streets and private points of access intersect. The clear vision area shall conform to the following:

1. Measurement. A clear vision area at an intersection shall be the triangular area established according to the following procedure:
   1. A line extending a certain number of feet from the intersection along a public street right-of-way;
   2. A line extending a certain number of feet from the intersection along the intersecting access;
   3. A third line that creates the triangular clear vision area by connecting the ends of the lines described in 1. and 2., above.
2. Street-driveway. The clear vision area for a street-driveway intersection shall be 10 feet along the driveway from its intersection with the street right-of-way and 20 feet along the street right-of-way at the point of intersection with the driveway.
3. Street-alley. The clear vision area for street-alley intersections shall be 10 feet along the alley from its intersection with the street right-of-way and 20 feet along the street right-of-way at the point of intersection with the alley.
4. Street-private access easement. The clear vision area for street-access easement intersections shall be 10 feet along the access easement from its intersection with the street right-of-way and 20 feet along the street right-of-way at the point of intersection with the access easement.
5. Corner lots (street-street intersection). The clear visions area for corner lots shall be 20 feet along the right-of-way of each intersecting street.
6. Prohibited development. A clear vision area shall contain no planting, fence, wall, structure, or temporary or permanent obstruction exceeding 36 inches in height, measured from the top of the curb or, where no curb exist, from the established street centerline grade, except that the following may be allowed in the clear vision area:
   1. Trees, provided all branches and foliage are removed to a height of eight feet above grade;
   2. Telephone, power, and cable television poles; and
   3. Telephone switch boxes provided they are less than ten inches wide at the widest dimension.
7. Exemption. Clear visions areas shall not be required at intersections containing traffic signals.

The purpose of this Chapter is to provide for the orderly, safe and efficient division of land within The City.

The provisions of this Chapter shall apply to all partitions and subdivisions within The City of Sweet Home. The following shall determine the appropriate process and design standards:

1. Partition. A land division creating two or three parcels within a calendar year shall be processed as a Partition and subject to the design and improvement standards for a Partition.
2. Subdivision. A land division creating four or more lots within a calendar year shall be processed as a Subdivision and subject to the design and improvement standards for a Subdivision.
3. Serial partition. If a Partition results in the creation of a large parcel that can be subsequently divided so that there is the potential to create more than three parcels from the original, the request shall be processed as a Subdivision and subject to the design and improvement standards for a Subdivision.

The following standards shall apply to all partitions and subdivisions.

1. Minimum lot area. Minimum lot area shall conform to the requirements of the zoning district in which the parcel is located. Access easements, or the access strip to a flag lot, shall not be included in the calculation of lot area for purposes of determining compliance with any minimum lot size provision of this Development Code.
2. Lot width and depth. The depth of a lot or parcel shall not be more than three times the width. Lots or parcels created for commercial, industrial or public uses shall be exempt from width to depth ratio provisions.
3. Access. All new lots or parcels shall access a public street. Except that, residential lots or parcels may be accessed by a private access easement developed in accordance with the provisions of Chapter 17.42 when it is determined that a public street access is:
   1. Infeasible due to parcel shape, terrain, or location of existing structures;
   2. Unnecessary to provide for the future development of adjoining property.
   3. No more than 10% of the lots within a subdivision may be accessed by a private street or private access easement.
4. Flag lots. Flag lots shall be subject to the following development standards:
   1. The access strip shall be a minimum of 20 feet in width. The improved surface shall be a minimum of 14 feet in width.
   2. The access strip shall not be included in the lot area calculation.
   3. If the length of the access strip exceeds 150 feet, the parcel or lot shall include a turn-around area per applicable fire district requirements.
5. Through lots. Through lots shall be avoided except where essential to provide separation of residential development from traffic arteries, adjacent non residential activities, or to overcome specific disadvantages of topography. Screening or buffering, pursuant to the provision of Chapter 17.54, may be required during the review of the land division request.
6. Lot side lines. The side lines of lots, as far as practicable, shall run at right angles to the public street, private street or private access easement upon which the lot or parcel faces.
7. Utility easements. Utility easements shall be provided on lot areas where necessary to accommodate public utilities. Easement width shall conform to adopted Engineering Standards.

1. General. The length, width, and shape of blocks shall be designed with regard to providing adequate building sites for the use contemplated; consideration of needs for convenient access, circulation, control, and safety of street traffic - including pedestrian and bicyclist - and recognition of limitations and opportunities of topography.
2. Sizes. Blocks shall not exceed 1,000 feet in between street lines with a preferred length of 500 feet. Exceptions are permitted for blocks adjacent to arterial streets, or, if the previous development pattern or topographical conditions justify a greater length. The recommended minimum distance between collector street intersections with arterial streets is 1,800 feet.
3. Traffic circulation. The subdivision shall be laid out to provide safe, convenient, and direct vehicle, bicycle and pedestrian access to nearby residential areas; neighborhood activity centers (e.g., schools and parks); shopping areas; and employment centers; and provide safe, convenient and direct traffic circulation. At a minimum, “nearby” means the distance from the subdivision boundary – 1/4 mile for pedestrians, and one mile for bicyclists.
4. Connectivity. To achieve the objective in “C. Traffic Circulation” above, The City may require the following:
   1. Stub-end streets. Where the potential exists for additional residential development on adjacent property. The City may require reserve strips and streets plugs to preserve the objectives of street extensions.
   2. Accessways. Public accessways to provide a safe, efficient and direct connection to cul-de-sac streets, to pass through oddly shaped or blocks longer than 600-feet, to provide for networks of public paths creating access to nearby residential areas, neighborhood activity centers (e.g., schools and parks); shopping areas; and employment centers.
5. Collector and arterial connections. Accessway, bikeway, or sidewalk connections with adjoining arterial and collector streets shall be provided if any portion of the site’s arterial or collector street frontage is over 600 feet from either a subdivision access street or other accessway. The placement of an accessway may be modified or eliminated if natural features (e.g., adverse topography, streams, wetlands) preclude such a connection.
6. Design standards. Pedestrian/bicycle accessways shall meet the following design standards:
   1. Minimum dedicated width: 10 feet
   2. Minimum improved width: 8 feet
   3. The accessway shall be designed to prohibit vehicle traffic.

During the review of partition proposals, The City shall require, as a condition of approval, the following improvements:

1. Private access. Where included, private driveways serving flag lots, or private easements shall be surfaced per the requirements of this Development Code.
   
2. Street frontage improvements. The following improvements shall be required:
   1. Consistent with the adopted transportations plans, sufficient land shall be dedicated to establish the appropriate right-of-way width.
   2. If the street frontage of the subject property is less than or equal to 250 feet and does not connect to existing improvements, the applicant shall sign a development agreement with The City of Sweet Home. This agreement shall stipulate that the applicant, or future property owner, will agree to participate in right-of-way improvements. The agreement may include provisions for the following: street paving, curbing, sidewalks, water lines, storm sewer facilities and sanitary sewer facilities. The agreement shall be recorded at the County Clerk’s Office at the time of the recording of the final plat.
   3. If the street frontage of the subject property exceeds 250 feet, or extends an existing dedicated right-of-way, the applicant shall improve the following:
      1. Public streets upon which the property fronts to public standards, including: surfacing from center line to curb, installation of curbing, storm sewers, sanitary sewers, water lines and other necessary public utilities per approved master plans. Where a master plan has not been adopted, the developer shall enter into a development agreement consistent with item (B)(2), above.
      2. Sidewalks, meeting City standards, along public street frontage. Sidewalk construction may be deferred until such time a building permit is issued.
      3. The installation of storm sewers, sanitary sewers, water lines and other utilities necessary to serve parcels accessing off of the new street.
3. Public facilities. Sewer, Water, and Storm Drainage facilities may be required on and adjacent to the project. The developer shall submit engineering plans or facility improvement plans to The City for review. The plans shall address the required improvements contained in this Article, and any conditions of approval, and shall conform with City Engineering Design Standards. The plans shall be reviewed and approved prior to the recording of the final partition plat.
4. Completion requirements. All required improvements shall be completed prior to the issuance of any building permits for the subject property. Alternatively, improvements required under this Section may be assured through a performance bond or other instrument acceptable to The City prior to the approval of the final plat of the partition.

1. Improvements. The following improvements shall be required for all subdivisions:
   1. Frontage improvements. Half-street improvements designed to The City’s Engineering Standards shall be required for all public streets on which a proposed subdivision fronts. Additional frontage improvements shall include: sidewalks, curbing, storm sewer, sanitary sewer, water lines, other public utilities as necessary, and such other improvements as The City shall determine to be reasonably necessary to serve the development or the immediate neighborhood.
   2. Project streets. Streets within the subdivision shall be constructed as required by City Engineering Standards.
   3. Monuments. Monuments shall be established as required by the Engineering Design Standards.
   4. Surface drainage and stormwater system. Drainage facilities shall be provided within the subdivision and to connect the subdivision drainage to drainageways or to storm sewers outside the subdivision. Design of drainage within the subdivision shall be constructed in accordance with the Engineering Design Standards. In the circumstance where existing stormwater lines are adjacent to or within the project, a system development charge is required in accordance with The City’s adopted System Development Charge ordinance.
   5. Sanitary sewers. Sanitary sewer shall be installed to serve the subdivision and to connect the subdivision to existing mains both on and off the property being subdivided conforming to Engineering Design Standards. The City may require that the developer construct sewage lines of a size in excess of that necessary to adequately service the development in question, where such facilities are or will be necessary to serve the entire area within which the development is located when the area is ultimately developed. The City may also require that the construction take place as an assessment project with such arrangement with the developer as is desirable to assure his share of the construction. In the circumstance where existing sanitary sewer lines are adjacent to or within the project, a system development charge is required in accordance with The City’s adopted System Development Charge ordinance.
   6. Water system. Water lines with valves and fire hydrants serving the subdivision and connecting the subdivision to The City mains shall be installed in conformance with the Engineering Design Standards. The design shall take into account provisions for extension beyond the subdivision to adequately grid The City system and to serve the area within which the development is located when the area is fully developed. However, The City will not expect the developer to pay for the extra cost of mains exceeding eight inches in size. In the circumstance where existing water lines are adjacent to or within the project, a system development charge is required in accordance with The City’s adopted System Development Charge ordinance.
   7. Sidewalks. Sidewalks shall be installed along both sides of each public street and in any pedestrian ways within the subdivision. Sidewalks shall be constructed at time of development of the subdivision.
   8. Street lights. The installation of street lights is required at locations, and of a type required by City standards.
   9. Street signs. The installation of street name signs and traffic control signs is required at locations determined to be appropriate by The City and shall be of a type required by City standards.
   10. Other requirements.
       1. Curb cuts and driveway installations are not required of the developer at the time of development, but if installed, shall be according to The City standards.
       2. Street tree planting is not required of the developer, but, if planted, shall be according to City requirements and of a species compatible with the width of the planting strip and underground facilities. At least one tree will be located in the planting strip. An additional tree shall be planted either in the planting strip or yard adjacent to the street or streets. Trees must be planted and viable prior to occupancy.
2. Completion of improvements. All improvements required under this Chapter shall be completed to City standards, or assured through a performance bond or other instrument acceptable to the City Attorney, prior to the approval of the Final Plat of the subdivision. In no case shall the bond exceed 5% of the remaining project improvements as determined by the City Engineer.

In addition to Engineering Design Standards, improvements installed by a developer for any land division, either as a requirement of these regulations or the developer’s option, shall conform to the requirements of this Development Code, the improvement standards and specifications adopted by The City, and shall be installed in accordance with the following procedures:

1. City approval required. Improvement work shall not commence until plans are approved by The City. All plans shall be prepared in accordance with requirements of The City.
2. Notification. Improvement work shall not commence until The City has been notified in advance; and, if work has been discontinued for any reason, it shall not be resumed until The City has been notified.
3. Inspections. Improvements shall be constructed under the inspection and to the satisfaction of the Public Works Director or designee. The City may require changes in typical street sections and improvements if unusual conditions arise during construction to warrant such changes.
4. Installation of utilities. All underground utilities, sanitary sewers, and storm drains installed by the developer shall be constructed prior to the surfacing of the streets. Stubs for service connections for underground utilities and sanitary sewers shall be placed to a length eliminating the necessity for disturbing the street improvements when service connections are made.
5. As-built drawings. A map or plan showing all public improvements as built shall be filed with the Department of Public Works upon completion of the improvements.

The purpose of Planned Development regulations is to encourage and allow more creative and imaginative design of land developments than is possible under district zoning regulations. Planned Developments are intended to allow substantial flexibility in planning and designing a proposal. This flexibility often is in the form of relief from compliance with conventional zoning ordinance site and design requirements. This flexibility must result in a development that is better planned, contains more amenities, and ultimately more desirable to live in than one produced in accordance with typical subdivision controls.

While greater density or more lenient siting requirements may be granted, the Planned Development should contain features not normally required of traditional developments. This requires greater scrutiny on the part of The City to assess a proposal. To realize these objectives and enable thorough analysis of a Planned Development, more information is demanded about the proposal than would be required if development were being pursued under conventional subdivision requirements.

Through proper planning and design, each Planned Development should include features which further, and are in compliance with, the following objectives:

1. To design developments that are architecturally and environmentally innovative, and that achieves better utilization of land than is possible through strict application of standard zoning and subdivision controls.
2. To encourage land development that, to the greatest extent possible, preserves natural vegetation, respects natural topographic and geologic conditions, and refrains from adversely affecting flooding, soil, drainage, and other natural conditions.
3. To combine and coordinate architectural styles, building forms, and structural/visual relationships within an environment that allows mixing of different land uses in an innovative and functionally efficient manner.
4. To provide for abundant, accessible, and properly located open and recreation space.
5. To ensure that development occurs at proper locations, away from environmentally sensitive areas, and on land physically suited to construction.
6. To enable land developments to be completely compatible and congruous with adjacent and nearby land developments.

The site of the Planned Development must be under single ownership and/or unified control.

Planned Developments within the R-1, R-2 and R-3 zones shall be limited to the following uses:

1. Residential Uses.
2. Recreational facilities including, but not limited to, tennis courts, swimming pools, and playgrounds.
3. Open space.
4. Schools, libraries, community halls, and churches.
5. Offices, buildings, and facilities required for the operation, administration, and maintenance of any Planned Development and for recreation purposes, such as golf courses, recreation rooms, and vehicle storage areas.
6. Commercial uses identified as permitted uses in the C-1 Zone provided:
   1. Commercial establishments shall be designed to be an integral part of the general plan of development for the Planned Development and provide facilities related to the needs of the prospective residents.
   2. Commercial establishments and their parking areas shall not occupy more than one-half (1/2) acre per fifty (50) dwelling units.
   3. Commercial establishments will be located, designed, and operated to efficiently serve frequent trade and to serve the needs of persons residing in the Planned Developments.
   4. Commercial establishments will not, by reason of their location, construction, or operation, have adverse effects on residential uses within or adjoining the district, or create traffic congestion or hazards to vehicular or pedestrian traffic.

Planned Developments located within the zones not identified in Chapter 17.60.040 shall be limited to any uses identified within the respective zone.

Planned Developments shall comply with the following requirements:

1. Relationship to standards of the underlying zoning district. In cases of conflict between standards of the underlying zone and the Planned Development provisions, the Planned Development provisions shall apply.
2. Minimum site area. If the Planned Development will result in common open space being privately maintained, the Planned Development shall contain sufficient area to provide a minimum of fifty (50) residential units based on the density requirements of this Section.
3. Site adaptation. To the maximum extent possible, the plan and design of the development shall assure that natural or unique features of the land and environment is preserved.
4. Residential density. Permitted dwelling density of development in all Planned Developments shall be determined in accordance with the following procedures:
   1. Determine total gross site area (G.S.A.)
   2. Multiply the G.S.A. by .85 to determine the Net Site Area (N.S.A.).
   3. Deduct from the N.S.A. any proposed commercial areas or nonresidential uses to determine Net Developable Site Area (N.D.S.A). Open space areas and hillside areas which will be in open space areas are not required to be deducted.
   4. Determine maximum density of development in accordance with the applicable method below:
      1. R 1 Zone: Multiply NDSA by 6 units per acre.
      2. R-2 Zone: Multiply NDSA by 10 units per acre.
      3. R-3 Zone: Multiply NDSA by 16 units per acre.
      Note: each duplex counts as one unit.
5. Lot area. Except as otherwise required by these provisions, the minimum lot area, width, frontage, and yard requirements otherwise applying to individual buildings in the zone in which a Planned Development is proposed do not apply within a Planned Development.
6. Lot arrangement. All residential buildings shall be located adjacent to an open space area, recreational area or recreational facility. If direct access to these areas is not provided for each residential building, then a walkway or sidewalk accessing such facilities shall be located no more than 200-feet from any residential building.
7. Housing types. With the exception of manufactured homes, there are no restrictions as to housing types, provided, multiple family units shall be limited to no more than 10% of the total housing units in the R-1 zone, 30% of the units in the R-2 zone; and, 30% of the units in the R-3 zone.
8. Structure setback provisions. Yard setbacks for lots on the perimeter of the project shall be a minimum of 20-feet. Detached structures on individual lots shall maintain a minimum front, side or rear yard setback of five feet. A minimum yard setback of 20-feet shall be required for any garage structure whose opening faces onto a public street. Otherwise, the minimum setbacks of the underlying zone do not apply.
9. Common open space. At least 20% of the gross acreage shall be devoted to open space, outdoor recreational areas or recreational facilities. At least one-half of the designated open space shall contain slopes less than 10%. Open space may include pedestrian access routes, bicycle trails, natural or landscaped buffer areas, recreational facilities and buildings and similar areas reserved for common use. Streets and on-street parking spaces shall not be considered open space.
   
   If buildings, structures, or other improvements are to be made in the common open space, the developer shall provide a bond or other adequate assurance that the buildings, structures, and improvements will be completed. The City shall release the bond or other assurances when the buildings, structures, and other improvements have been completed according to the development plan.
10. Circulation.
    1. Roads and pedestrian and bikeway paths shall be an integrated system designed to provide efficient and safe circulation to all users. Pedestrian/bikeway paths shall be integrated into the open space areas.
    2. Pedestrian/bikeways shall be clearly signed and have adequate crossing facilities where warranted.
11. Off street parking. Off street parking requirements shall be as specified in Chapter 17.44 of this Development Code. Parking may be provided on each lot or in clustered parking areas. Additional off street parking for guests and recreational vehicles may be required if warranted by reduced lot sizes and/or traffic volumes.
12. Utilities. In addition to other requirements set forth herein, the following shall apply:
    1. All sewer and water provisions shall be approved by The City before construction of such improvements.
    2. All utility services shall be placed underground.
    3. Provisions shall be made for fire prevention, including service water lines, fire hydrant location, and emergency access for fire-fighting equipment.
    4. Provision shall be made for control of site storm water drainage.
13. Homeowners association. A non profit incorporated homeowners’ association, or an alternative acceptable to The City, shall be required for improving, operating, and maintaining common facilities, including open space, drives, service and parking areas, and recreation areas. The following shall be observed in the formation of a homeowner’s association:
    1. A homeowner’s association shall be set up before approval of the final plat, or any portion thereof.
    2. Membership shall be mandatory for each homeowner and any successive buyer.
    3. The open space restrictions shall be in perpetuity.
    4. The homeowner’s association shall be responsible for liability insurance, applicable taxes, and the maintenance of recreational and other facilities.
    5. Homeowners shall pay their pro-rated share of the cost or the assessment levied by the association shall become a lien on the property.
    6. The association shall be able to adjust the assessment to meet changes needed.
    7. No change in open space use or dissolution of homeowner’s association shall occur without a public hearing before the Planning Commission and approval by the City Council.

The Planning Commission may impose reasonable conditions upon its approval. Such conditions may include conditions necessary to ensure that public services and facilities are available to serve the proposed development; to protect the natural environment and conserve natural resources; to ensure compatibility with adjacent uses of land; to ensure compliance with the design standards contained within this Section; and, to ensure the Planned Development will be developed as approved by The City.

A new public hearing shall be required if any one of the following changes is proposed to an approved planned development site plan:

1. An increase or decrease in the number of dwelling units, not including conversion of an existing or planned single-family detached residence into a duplex.
2. A decrease in the open space or recreational space.

This Section establishes standards for cottage cluster development as an alternative development type that provides usable common open space in residential development; allows for a variety of housing types both detached as well as attached; promotes interaction and safety through design; ensures compatibility with surrounding neighborhoods; and provides opportunities for creative infill development. It is intended to be a flexible development alternative similar to the planned development alternative whereby many of the standards of the underlying zone do not apply in consideration for the provision of open space and other unique design features. Successful cottage cluster development projects include the following design principles:

1. Shared open space and active commons. The shared common space binds the cottage development together and gives it vitality. Residents surrounding this space share in its management, care and oversight, thereby enhancing a sense of security and identity.
2. Common buildings. An advantage of living in a cottage development is being able to have shared buildings such as a tool shed, outdoor barbeque, picnic shelter, or a multipurpose room.
3. Adequate parking. Parking areas should be screened from adjacent parcels and adjoining public streets. Locating parking areas away from the homes can allow more flexible use of a site, limit the dominance of garages and driveways, decrease the amount of hard surface, and allow more light into homes.
4. Front porches. The front porch is a key element in fostering neighborly connections. Its placement, size, and relation to the interior and the public space are important to creating strong community connections.
5. Smaller, high-quality, well-designed dwellings. Smaller, high-quality houses, together with the common open area and cottage development elements, help ensure the intensity of development is compatible with the surrounding neighborhood.

1. Cottage cluster development cottages.
2. Two-unit structures.
3. Community Building with common areas but excluding commercial uses.
4. Accessory Structures.
5. Shared accessory structures, including parking and storage buildings, but excluded from the common area.

1. Ownership. Ownership may be a common lot, fee simple lots with a homeowner’s association holding common areas, or condominium ownership of the whole development. Any development meeting the definition of a “Planned Development” or “Condominium” per state statute shall comply with all applicable provisions of state law. If condominium ownership, common areas shall be designated as ‘general common elements and private yard spaces shall be designated as ‘limited common elements for purposes of ORS Chapter 100 Condominium Law.
2. Development standards.
   1. The parent parcel shall be at least 30,000 square feet. The parent parcel may be divided into individual cottage lots and shared common areas consistent with The City’s regulations.
   2. Cottage lots. There is no minimum lot size for the individual cottage lots.
   3. Density. The planned development standards shall apply.
   4. There is no minimum lot width or depth for the individual cottage lots.
   5. There is no maximum lot coverage for the individual cottage lots.
   6. The maximum structure height is 25-feet.
   7. Minimum setbacks are as follows:
      
      

      Front	15-feet
      Side	5-feet
      Rear	10-feet
      Street-side	10-feet
      Garage Entrance	20-feet

   8. Interior units on a common lot or separate lots shall be spaced at least 10 feet apart. If individual lots are created, the applicant may create an attached lot line configuration between units to maximize usable private area and provide privacy.
3. Lot/cottage arrangement.
   1. Cottage cluster developments shall contain a minimum of four cottages and no more than allowed in the underlying zone by density.
   2. Cottages shall be arranged around a common open space, and each cottage shall have frontage on the common open space.
   3. Units along the public right-of-way shall have their primary entrance facing the public right-of-way.
   4. A community building may be provided adjacent to or at the edge of the central common area as part of the cottage development.
4. Private and common space.
   1. Common space.
      1. Common space is a defining characteristic of a cottage housing development. A minimum of 400 square feet of common open space per unit shall be provided.
      2. The common space shall include a sidewalk or walk connecting to each cottage front entrance facing the common area.
   2. Private space. A minimum of 250 square feet of usable private open space shall be provided adjacent to each unit.
5. Frontage, access, parking, and vehicular circulation.
   1. The parent parcel shall have frontage on a public street.
   2. If individual lots are created within the development, each lot shall abut a common area, but is not required to have public street frontage.
   3. Access to individual dwelling units will be provided meeting city and fire district standards.
   4. A minimum of two off street parking spaces per unit shall be provided.
   5. Parking and/or garage structures shall be located behind or to the side of the residential area and open space.
   6. Parking areas, shared parking structures, and garages shall be screened from public streets by landscaping or architectural screening.
   7. If the property has frontage on a public alley, access and parking may be provided from the alley.
   8. If individual lots are created, parking and access shall be provided in a common area with access easement.
6. Screening and landscaping. To ensure that cottage developments do not create adverse visual impacts for residents of both the cottage development and adjacent properties the following requirements shall be adhered to:
   1. Where feasible, cottage developments shall be designed to retain existing significant trees (at least twelve inches in diameter) that do not pose a safety hazard.
   2. Landscaping located in common open spaces shall be designed to allow for easy access and use of the space by all residents, and to facilitate maintenance needs.
   3. Boundaries between cottage developments and neighboring properties shall be screened with landscaping and fencing as identified in G.2., below, in order to reduce the appearance of bulk or intrusion onto adjacent properties or may be otherwise treated through increased building setbacks or architectural techniques to meet the intent of this section. Additional screening and buffering may be required to help mitigate any compatibility issues between the cottage cluster development and adjacent properties.
7. Fences.
   1. No fence taller than 3 feet in height shall be located between the front wall of a cottage or community building and the common open space.
   2. A sight-obscuring fence at least 6-feet high shall be placed along the property line adjacent to any residential single-family use.
8. Utilities.
   1. Streets. Street improvements shall be required for all cottage cluster developments. Street improvements shall include street widening, curb, gutters, and sidewalks. All street improvements shall comply with the current Design Standards and Construction Standards of The City of Sweet Home Department of Public Works.
   2. Water. An individual water meter servicing each dwelling unit will be required unless there is an ownership association or the property is under a single ownership in which case a single water meter servicing an individual building of multiple units is allowed. All water system improvements shall comply with City of Sweet Home Public Works Department requirements.
   3. Sewer. Service laterals may be extended from a sewer main in the public right-of-way. Sewer mains may be extended in the driving and circulation areas in a public utility easement, with service laterals to individual units. Private sewer laterals may be extended across common areas, but shall not cross individual building lots. All sanitary sewer design and construction shall comply with City of Sweet Home wastewater requirements.
   4. Gas/electric/phone/cable/utility pedestals. These utility services may be extended from the public right-of-way across common areas to individual lots, or extended in a utility easement to individual lots.
   5. Trash storage. Any areas where communal trash and recycling are stored shall be screened by a sight-obscuring fence and/or vegetation. In addition, a trash and recycling plan will be required.
   6. Mailboxes. Mailboxes are subject to post office requirements.
   7. Storm water. The development of the property shall comply with all city regulations regarding storm water drainage including on-site detention and water quality requirements. All storm water system improvements shall comply with the current City of Sweet Home design and construction standards.
9. Addressing. All units within the cottage cluster development shall be addressed consistent with City standards.

1. Cottages.
   1. Building footprint. Cottages shall have a maximum building footprint of 1,000 square feet. An attached garage is not included in this maximum, but shall not exceed 300 square feet per unit.
   2. Porches. Attached, covered porches are required and shall have minimum depth of 6 feet and shall be a significant feature of the structure.
   3. Other design requirements. Cottages shall contain a variety of designs that include articulation of facades; changes in materials, texture, color, and window treatments; and other architectural features so all units do not appear identical. Cottage development structures shall provide for substantial exterior architectural elements that are consistent with traditional northwest cottage design and small home craftsmanship design elements. Roofs of cottage developments shall have eaves to efficiently shed rain and provide protection for exterior walls.
   4. Height. Cottages shall comply with the height limitation of 25 feet and are limited to a maximum of single story plus a loft.
   5. Street facing facades. The street facing facades of cottages in a cottage development shall avoid blank walls that appear to “turn their backs” to the street. This shall be avoided by providing design features such as windows, change in building material, entryway, porches or similar features.
2. Two-unit structures.
   1. Attached two-unit structures are allowed and must be similar in appearance to detached cottages.
   2. Attached two-unit structures shall have one primary shared entry facing the common open space.
3. Community buildings.
   1. A community building shall be of similar scale, design, and height as the cottages.
   2. Commercial uses are prohibited in the community building.
4. Accessory structures.
   1. Accessory structures such as garages, carports, storage or tool sheds shall not exceed 300 square feet per unit, or 600 square feet per accessory structure that is shared by two or more dwelling units.
   2. The design of accessory structures must be similar or compatible with that of the cottages in the development.
5. Existing dwellings on the site. Existing dwellings may be incorporated into the development as a residence or community building, and may be nonconforming to standards. Noncompliance may not be increased.
6. Renovation and expansion.
   1. Renovations shall be in keeping with the size and architectural character of the new development.
   2. A covenant restricting any increases in unit size after initial construction beyond the maximum allowed by this Section shall be recorded against the property.

Cottage cluster development applications shall be processed per the planned development requirements in Chapter 17.110.

Oregon Revised Statutes (ORS), Chapter 446 and Oregon Administrative Rules (OAR), Chapter 918, and Chapter 10 of the Oregon Manufactured Dwelling and Park Specialty Code (OMDS) specify the standards and regulations for Manufactured Dwelling Parks in the State of Oregon.

1. Permitted housing. There are no restrictions provided no manufactured dwelling shall be more than 10 years in age at time of placement.
2. Minimum site area. The minimum area for a park shall be one acre.
3. Density. Maximum density of the park shall not exceed 8 units per net acre.
4. Access. Manufactured Dwelling Park access shall occur from a public Collector or Arterial street.
5. Permitted uses. Manufactured Dwelling Parks may contain manufactured dwellings and accessory structures, community laundry and recreation facilities and other common buildings for use by park residents only, and one residence other than a manufactured dwelling for the use of a caretaker or a manager responsible for maintaining or operating the park.
6. Conditions. Upon granting site plan approval for a manufactured dwelling park, the Planning Commission may require establishment of deed covenants, conditions and restrictions (CC&Rs) or other conditions including but not limited to any of the following where such are deemed necessary for the mitigation of adverse impacts on an adjacent area:
   1. Limit the type of units to be installed.
   2. Additional landscaping or screening on the park boundary.
   3. Increased setbacks from park boundaries.
7. Improvement standards. Park standards shall conform to The Oregon Manufactured Dwelling and Park Specialty Code within the Park boundary and shall conform to City Standards when abutting public streets. Parks shall also meet all requirements of the Sweet Home Fire District.
8. Streets. Public streets located within the Park and the first 100 feet of private Park streets connecting to a public street shall conform to City standards. Other private streets within the Park shall be no less than 30 feet in paved width in accordance with Oregon Manufactured Dwelling and Park Specialty Code (2002) Table 10-C.
9. Perimeter setbacks. Distance of a manufactured dwelling or accessory structure from an exterior park boundary shall be 20 feet.
10. Unit separation. Manufactured dwellings must be separated from other dwellings by a minimum of 10 feet.
11. Caretaker or on-site manager required. Manufactured Home Parks of 10 units or more must include a caretaker unit or on-site manager.
12. Parking. Parks must include a carport or garage for each unit, or a covered parking space for each unit.
13. Storage facilities required. Parks must include a storage shed for each unit.
14. Landscaping. All common areas within a Manufactured Dwelling Park shall be landscaped and maintained by the Park owner in conformance with an approved landscape and irrigation plan submitted as part of the application. Landscaping shall include street trees within a public right-of-way in accordance with adopted street tree regulations of The City.
15. Perimeter property screening. The entire perimeter of the manufactured dwelling park shall be screened except for driveways and Clear Vision Areas. The following minimum standards shall apply:
    1. One row of evergreen shrubs shall be planted which will grow to form a continuous hedge at least six feet in height and be at least 80 percent opaque, as seen from a perpendicular line of sight, within two years of planting; or
    2. A minimum of a six-foot high wood fence or masonry wall shall be constructed, measured as provided in Chapter 17.52, providing a uniform sight obscuring screen; or
    3. An earth berm combined with evergreen plantings or wood fence or masonry wall shall be provided which shall form a sight and noise buffer at least six feet in height.
    4. The remaining area treated with attractive, living ground cover (i.e., lawn, evergreen shrubs, etc.).
16. Utilities. All manufactured dwelling parks must provide each lot or space with storm drainage, municipal sanitary sewer, electric, telephone, and municipal water, with easements dedicated where necessary to provide such services. All such utilities shall be located underground. Utilities shall be connected in accordance with state requirements and the manufacturer's specifications.
17. Design and submission requirements. The submittal shall include sufficient information to indicate compliance with the requirements in Chapter 17.66.

The provisions of this Chapter are applicable to all manufactured homes sited on individual lots in The City of Sweet Home. Manufactured homes sited in approved mobile/manufactured home parks or manufactured home subdivisions are not affected by the provisions of this Chapter.

Manufactured homes are permitted in all residential zones, in accordance with the following general standards, and the design compatibility standards set forth in this Chapter. The minimum lot area, setback, and height standards of the subject zone shall also apply to manufactured homes sited on individual lots.

1. Size. The manufactured home shall be multi-sectional and have at least 1,000 square feet of gross floor area.
2. Performance standards. The exterior thermal envelope must meet the standards specified by state law for single family dwellings, as defined in ORS 455.010.
3. Removal of towing equipment. All towing hitches, wheels, running lights, and other towing related equipment shall be removed within thirty (30) days after installation of the manufactured home.
4. Foundations. The manufactured home shall be placed on an excavated and back filled foundation with no more than 12 inches of inclosing material exposed above grade. Where the building site has a sloped grade, no more than 12 inches of the inclosing material shall be exposed on the uphill side of the home. If the home is placed on a basement, the twelve (12) inch limitation shall not apply. Furthermore, the twelve (12) inch limitation shall not apply if the requirements of the Flood Hazard District mandate that the home be elevated more than twelve (12) inches above grade. The foundation shall meet building code and Flood Hazard Area (if applicable) standards. The base of the manufactured home shall be enclosed continuously at the perimeter with either concrete, concrete block, brick, stone, or a combination thereof.
5. Utilities. The manufactured home shall be provided with storm drainage, sanitary sewer, electric, telephone, and potable water utility services with easements dedicated where necessary to provide such services. All such utilities shall be located underground unless waived by the City Building Official where underground service would require an exception to local prevalent conditions. Manufactured homes shall not be occupied unless connected to local water, sewer, and electrical systems.
6. Historical sites. No manufactured home shall be located on property containing a historic landmark, or, on a lot or parcel immediately adjacent to property containing a historic landmark. For the purpose of this Chapter, a historic landmark is property designated by the Sweet Home Comprehensive Plan as containing a significant historical resource.
7. Roofing. The manufactured home must have a composition asphalt, fiberglass, shake, or tile roof with a nominal pitch of three (3) feet in height for each twelve (12) feet in width.
8. Exterior siding and finish. The exterior siding of the manufactured home must have the same appearance as materials commonly used on residential dwellings.
9. Garage or carport. A garage or carport of like material and color of the manufactured home is required. The garage or carport shall be placed on the property prior to occupancy of the manufactured home.
10. Off-street parking. Parking and improvements shall be as specified in Chapter 17.44.

Home occupations may be allowed as an accessory use on any property on which there is a residence, subject to the following standards and restrictions:

1. Staffing.
   1. If no person is employed other than a member of the family residing on the premises, the home occupation is allowed as a permitted use.
   2. If persons other than a member of the family residing on the premises are proposed to be employed, a Conditional Use Permit is required.
2. Character. The character and primary use function of the residence and premises shall not be changed by the use of colors, materials design, construction, lighting, landscaping or lack of landscaping.
3. Noise. A home occupation shall not create noise of a type, duration or intensity that is detectable to normal sensory perception, off the premises of the home occupation.
4. Equipment and process restrictions. No home occupation conducted within a single-family detached residence or an accessory structure shall create vibration, glare, fumes, odors, or electrical interference detectable to the normal sensory perception, off the property. In the case of electrical interference, nothing shall be used which creates visual or auditory interference in any radio or television off the premises.
5. Hazards. No equipment, process or material shall be used which will change the fire rating or structure separation, fire wall, or ventilation requirements for the structure in which the home occupation is located. No hazardous materials shall be used or stored on the property on which a home occupation located in quantities not typical of those customarily used in conjunction with activities or primary uses allowed in the zoning district.
6. Signs. Signing shall be as provided in Chapter 17.50.
7. On premise client contact. Customer and client contact shall be primarily by telephone or mail, and not on the premises of the home occupation, except those home occupations, such as tutoring, counseling or personal services, which cannot be conducted except by personal contact. Services or sales conducted on the premises shall be by appointment only, and shall not be oriented toward, or attract, off the street customer or client traffic.
8. Prohibited businesses. The repair and/or maintenance of automobiles, trucks, recreational vehicles, trailers, motorcycles, farm equipment, boats, lawn mowers and similar equipment shall be prohibited.
9. Vehicles. Only one vehicle associated with the home occupation may be parked on the property or adjacent street.
10. Storage and use of yard areas. Storage of tools, equipment and materials, and display of merchandise and all other activities associated with a home occupation, except as provided above for parking, shall be contained and conducted wholly within covered and enclosed structures and shall not be visible from the exterior of the containing structure(s). Home occupations which involve the care of children by a babysitter, as defined in Chapter 17.04.020, may use yard areas for playground equipment.
11. Day care. Day care facilities with8 or fewer children shall not be subject to the provisions in this Section.

Home occupations are allowed as an accessory use to any residential use in The City, subject to provisions in this Chapter, with the exception of a home occupation utilizing staff other than family members residing on the property, in which case a Conditional Use Permit is required. The standards of this Section shall govern all home occupations.

Residential accessory structures for attached or detached single family homes and duplexes, excluding Accessory Dwelling Units as defined in Chapter 17.72, shall be subject to the following regulations.

1. Dimensions and design requirements. Residential accessory structures shall be subject to the following requirements:
   
   

   Structure Size and Finish 1 2	Location on Property	Area Coverage for Accessory Structure 1	Maximum Height
   Up to 200 sf	Side or Rear Yard	No Maximum	10 feet3
   200 to 600 sf	Side or Rear Yard	50% of Yard	20 feet3
   Over 600 sf	Side or Rear Yard	35% of Yard	Shall not exceed height of primary residence

   ¹Up to 10,000 square feet of lot area, maximum size is 1,200 square feet; over 10,000 square feet of lot area, the structure may be increased an additional 100 square feet for each 1,000 square feet of lot size. ²For any accessory structure located on a lot of 10,000 or less, the exterior siding shall have the same appearance as materials commonly used on residential dwellings. Otherwise, there are no restrictions. ³The greater of 20 feet, or the height of the primary residence.
2. Setbacks. Accessory structures shall comply with the following setbacks:
   1. Front and/or Street Side Yard: Comply with requirements of underlying zone.
   2. Side Yard: 5-feet plus 1-foot for every foot above 8-feet.
      
   3. Rear Yard: 10-feet plus 1-foot for every foot above 15-feet.
   4. An accessory structure shall be separated from all other structures by a minimum of 6 feet.
      
3. Multiple accessory structures. There shall be no limit to the number of structures, provided the structures in combination comply with the area coverage requirements. When there is more than one accessory structure within a yard, all provisions in this Chapter shall apply and shall be based on the total square footage of all accessory structures within the yard.
4. Prohibited structures. The use of metal shipping containers, railroad box cars, manufactured homes and similar buildings as an accessory structure shall be prohibited.

There shall be no limit to the size, number, location or exterior finish of accessory structures for multiple family developments, provided, the accessory structures shall comply with all setback, height restrictions and other dimensional and design requirements for the primary structure(s).

Where identified as an allowed use, a maximum of one accessory dwelling is allowed per legal single-family dwelling. The unit may be a detached building, in a portion of a detached accessory building (e.g., above a garage or workshop), or a unit attached or interior to the primary dwelling (e.g., an addition or the conversion of an existing floor); subject to the following standards:

1. A detached accessory dwelling shall not exceed 75% of the primary dwelling's floor area and shall comply with the lot coverage requirements.
2. An attached or interior accessory dwelling shall not exceed 40% of the dwelling's floor area. However, accessory dwellings that result from the conversion of a level or floor (e.g., basement, attic, or second story) of the primary dwelling may occupy the entire level or floor, even if the floor area of the accessory dwelling exceeds 40% of the floor area.
3. A detached accessory dwelling shall have a roof with a minimum pitch of three feet in height for each 12 feet in width.
4. An accessory dwelling shall be placed on a foundation that meets the requirements of all applicable building codes.
5. Parking shall be increased for the primary dwelling if needed so that the primary dwelling is provided two off-street parking spaces.
6. Unless otherwise specified, accessory dwellings shall meet all other development standards (e.g., height, setbacks, lot coverage, etc.) for accessory buildings in the zoning district.

Attached dwelling units are single family homes on individual platted lots that are attached to a similar unit on one or two sides. Where permitted as a special use, attached dwelling units shall meet the following use and development standards:

1. Permitted development. Any number of attached dwellings may be built contiguous with one or both sides of a separate platted lot with one dwelling per lot.
2. Setbacks.
   1. Zero side yard units shall comply with the setback requirements for the front yard, rear yard and yard adjacent to a street in the applicable zone.
   2. Interior side yard requirements of the applicable zone shall be met when any part of an exterior wall faces, but is not contiguous to, a side lot line. Otherwise, the interior side yard requirements shall not apply.
3. Building separation. Buildings on adjacent properties, but not attached to each other, shall be separated by a distance of at least ten feet.
4. Accessory buildings. The provisions of this section apply to accessory as well as main buildings.

1. Purpose. To implement Oregon State Legislature Bills SB 8 and HB 2008, as well as enhance affordable housing opportunities in Sweet Home and open opportunities for affordable housing on land not currently zoned for residential development.
2. Applicability.
   1. All land in the City of Sweet Home currently zoned C-1, C-2, and PF may be developed for affordable housing without a zone change application or process provided all conditions of this section and state law are met.
   2. All land in the City of Sweet Home currently zoned I may be developed for affordable housing without a zone change application and only if the property is: (a) publicly owned; (b) adjacent to lands zoned for residential uses or schools; and (c) not specifically designated for heavy industrial uses.
   3. The land is owned by religious organizations or government agencies; or, non-profit organizations with housing development as their primary goal.
   4. The project shall develop affordable housing for those individuals or households with a combined annual income at or below 60% of the most recent Linn County median income.
3. Application requirements.
   1. Application shall be made on forms prescribed by the City and shall demonstrate that all state and Residential Medium Density (R-2) Zone requirements are met. The following exceptions apply to the R-2 zone requirements:
      1. Density may increase by 150 percent of the existing density.
      2. Structures may be increased in height by 24 additional feet.
   2. The parcel(s) proposed for affordable housing development shall not contain slopes greater than 25%, be located within the City’s 100-year floodplain or be identified as hazardous land.
   3. The site, when developed, shall meet all state and county requirements for public safety, health, and habitability, and as well as city utility, street, and water drainage requirements.
4. Affordable Housing shall be administered through the Site Design Review process contained in Chapter 17.102.

1. Background. Senate Bill 458 was adopted by the Oregon Legislature in 2021 as a follow-up to House Bill 2001 (which legalized middle housing in many cities throughout the state) and allows lot divisions for middle housing that enable them to be sold or owned individually.
2. Purpose. To allow middle housing lot divisions for any HB 2001 middle housing type (duplexes, triplexes, quadplexes, townhouses, and cottage clusters) built in accordance with ORS 197.758. Senate Bill 458 only applies to middle housing land divisions permitted on or after June 30, 2022.
3. Submittal Requirements. The applicant shall prepare and submit a tentative plan for the division including the following:
   1. A proposal for development of middle housing in compliance with the Oregon residential specialty code and applicable middle housing land use regulations,
   2. Separate utilities for each dwelling unit,
   3. Easements,
      1. Easements shall be submitted in a form approved by the City and address specific issues like maintenance and repair, cost-sharing, access, notice, damage, disputes, etc.
      2. Types of easements include:
         1. Locating, accessing, replacing and servicing all utilities;
         2. Pedestrian access from each dwelling unit to a private or public road;
         3. Any common use areas or shared building elements;
         4. Any dedicated driveways or parking; and
         5. Any dedicated common area.
   4. One dwelling unit per each resulting lot or parcel (except common areas), and
   5. Demonstration that the buildings will meet the Oregon residential specialty code and
   6. Homeowners Association information or maintenance plans if the division results in any dedicated common areas.
4. Additional Requirements and Prohibitions
   1. Further division of the resulting lots or parcels is prohibited.
   2. Notation in the final plat indicating approval was provided under SB 458 is required.
   3. Where a lot of parcel abuts a street, street frontage improvements are required (consistent with House Bill 2001).
   4. Hard surfaced pedestrian connectivity from each unit to the sidewalk of the adjacent public or private road is required.
   5. If the original parcel did not previously provide a dedication, right-of-way dedication is required.
   6. Vertical divisions shall not be allowed (i.e. divisions in which one or more units of middle housing is not on the ground floor).
   7. If the proposed division results in any shared common areas, the formation of a Homeowners Association to maintain such areas is required.
5. Decision Criteria
   1. Each original parcel/parent lot shall satisfy the dimensional standards of the applicable zone.
   2. The original parcel/parent lot shall meet the Development Standards for Land Division of Chapter 17.58.
   3. Existing dwellings and accessory structures on the original parcel/parent lot shall comply with the setback requirements of the applicable zone, including accessory structures which have a setback established by the building size.
   4. Adequate public facilities, including access, shall be available to serve the existing and newly created parcels. If adjacent properties are undeveloped, not developed to their maximum density, or landlocked, consideration will be given to extending appropriate access to those properties in accordance with provisions in Chapters 17.42 and 17.44.
6. Final Plat Approval
   1. Survey. A final survey of the approved plat shall be recorded within two years of the final decision. Failure to record a plat within the required time period shall void the approval and require a new partitioning application.
   2. Final approval. The City Manager shall sign the final plat if the plat substantially conforms to the approved preliminary plat, and if the conditions of approval are satisfied.
   3. Final plat. The final plat shall conform to the requirements in ORS Chapter 92 and applicable County surveying requirements.
   4. Recording of approved plat. The final Plat shall be recorded with Linn County and a copy of the recorded document shall be submitted to The City. The applicant shall be responsible for all recording fees.
   5. Sale and development. No parcel shall be sold, transferred or assigned until the final approved Plat is recorded and evidence of the recording is submitted to The City. Building permits shall not be issued prior to recording of the final plat if the proposed structure will violate this Code absent recording the partition.
   6. Validity. Middle Housing lot division approval is valid in perpetuity upon recording of the final surveyed plat.
7. Expedited Land Division
   1. When an expedited land division for residential use is requested by an Applicant, The City shall use the procedures for expedited land divisions specified under ORS 197.365 in lieu of the procedures described in Chapter 17.98, if the application complies with the conditions and standards of ORS 197.360 through 197.380.

The purpose of these regulations is to provide standards for the establishment of temporary businesses and similar uses within The City of Sweet Home.

Where allowed, the following temporary uses shall be permitted subject to the following limitations and requirements:

1. Tree and fireworks. Christmas tree or fireworks sales are permitted subject to the following:
   1. The sales shall be limited to Commercial or Industrial zones, except that sales may occur on those properties containing public or semi-public uses, such as schools or churches, regardless of the underlying zone.
   2. Unless otherwise excepted by provisions in this Section, the sales activity shall be subject to provisions in Chapter 17.74.020.B.
   3. Temporary uses located within Residential zones (on properties with public or semi-public uses) shall not operate beyond 9:00 PM.
2. Commercial activities. Amusement and recreational services and retail sales and services are permitted in the Commercial zone, subject to the following:
   1. The business may be operated from a vehicle, temporary structure or a vacant building.
   2. The activity is located on the same lot for no more than 90 days in any calendar year.
   3. The required parking for the primary uses on the same lot is not reduced below Development Code requirements.
   4. The use does not block driveways, driveway entrances or parking aisles.
   5. The activity conforms to all signage requirements in Chapter 17.50.
   6. The activity conforms to all setback requirements applicable to the lot.
   7. The operator of a temporary use shall obtain a Transient Merchant permit (see Chapter 5.12 of this Code) and all permits required by other agencies including those required for food handling and sales, and the sale of fireworks.
3. Food services. Food services shall be subject to the requirements in B., except that they may be located on the same lot for 180-days with unlimited renewals.
4. Temporary construction facilities. Mobile offices, temporary power equipment and temporary structures used by personnel and to store equipment during construction, provided the structures are located on the construction site and not used as dwellings. There is no restriction as to the zoning.
5. Yard sales and auctions. Yard sales or auctions in any zone, provided there are not more than four sales in a calendar year, with each sale not to exceed three consecutive days. Merchandise and signs shall remain on private property. This Section does not limit the number of times, or duration, that public agencies may conduct sales or auctions regard agency land, equipment, supplies or other materials.
6. Additional permitted temporary uses. The City Council may, by resolution, authorize additional permitted temporary uses during a specific event or festival and set forth reasonable types of uses, appropriate zones for such uses, and any time restrictions the City Council finds necessary to protect the health, safety and welfare of the public.
7. RVs as temporary habitation. The use of trailers, detached campers, recreational vehicles, fifth-wheelers, motorized dwellings, travel trailers, tent trailers and similar recreational facilities for temporary habitation is limited to 30 consecutive days or a total of 60 days in a calendar year within The City limits and shall require a Temporary RV Permit from The City, and must comply with chapter 10.28 of this Code.

For the purposes of the mobile food unit (MFU) code, the following definitions apply. Terms, phrases, words, abbreviations, and derivatives used, but not specifically defined in this section, shall have the meanings commonly accepted in the community.

Mobile food unit - any vehicle that is self-propelled or that can be pulled or pushed down a sidewalk, street, highway, or waterway on which food is prepared, processed, or converted or which is used in selling and dispensing food to the ultimate consumer.

Mobile food unit pod - a group of two or more mobile food units on the same legal parcel of land as shown through the county records.

Property - legal parcel of land on which the MFU is located.

Tent - a structure, enclosure, umbrella structure, or shelter, with or without sidewalls or drops, constructed of fabric or pliable material supported in any manner except by air or the contents it protects.

Umbrella structure - a structure, enclosure, or shelter with or without sidewalls or drops, constructed of fabric or pliable material supported by a central pole or poles

Waste - any byproduct of the activities associated with the MFU including, but not limited, to blackwater, greywater, fats, oils, and grease.

A.             Purpose. The purpose of the mobile food units (MFU) code is to develop guidelines under which an MFU can establish business within the City of Sweet Home.

B.             Conformity to State and County Laws. The MFU code shall be construed in conformity with the laws, licenses, and regulations set forth by the State of Oregon and Linn County regarding MFUs.

A.             Unless exempt or part of a permitted MFU pod, use of an MFU within the city limits of Sweet Home requires an MFU permit obtained from the City Manager or designee. An MFU permit shall not be required if exempt through SHMC 17.75.060. 

B.             Operation of an MFU pod within the city limits of Sweet Home requires an MFU pod permit obtained from the City Manager or designee.

A property shall not be used by an MFU without an approved MFU property authorization application or site plan approval for a mobile food unit pod. 

A.             MFU pods are considered permanent installations and require site plan approval as identified in the Sweet Home Municipal Code prior to MFUs locating on the subject property.

B.             Depending on the amenities and structures involved in the MFU Pod, additional authorizations or approvals may be required. MFU pods shall only operate when the entire site is in compliance with all local, state, and federal regulations. 

C.             Lighting. MFU Pods shall have lighting to ensure safe environment for customers and employees that complies with the following:

1.              At minimum, areas to be occupied by customers shall be illuminated when Units operate during hours of darkness.

2.              No direct light source shall be visible from the property line.

3.              Lighting fixtures shall be oriented and/or shielded to prevent glare on abutting properties.

D.             All MFU and customer amenities within a Pod shall be served by a minimum five (5) foot wide hard surfaced, ADA compliant, walkway.

E.             Waste and recycling receptacles shall be provided for customer and business waste. Receptacles shall be screened from view of the right-of-way and abutting residentially zoned properties and serviceable by the applicable waste hauler.

F.             Accessory storage structures shall be less than 120 square feet in size and no greater than 15 feet in height. Storage structures shall be set back a minimum of 20 feet from public right-of-way. Setbacks for the accessory structures in the side and rear yards shall meet the minimum standards for accessory structures within the zone which the Pod is operating.

G.            All MFU Pods shall have restrooms available. Required restroom shall be available during Pod operating hours. Restrooms must have handwashing facilities with hot and cold running water, soap, and hand drying materials or devices. Restrooms must either be on-site or on an adjacent parcel with a signed agreement to allow Pod clientele to utilize the restroom facilities. On-site restroom shall be screened from view of the public right-of-way and abutting residentially zoned properties.

H.             Parking shall comply with the standards listed in SHMC Chapter 17.44 Off-Street Parking and Loading.

No part of this section is meant to be understood as removing the requirement of any state or county license. Nor is this section meant to be understood as removing the requirements of any other state, county, or city codes. MFUs shall maintain all valid state and county license(s) while in operation. Property owners and MFUs that do not require a permit shall still comply with all requirements of this chapter.

A.         An MFU may operate within the Sweet Home city limits for no more than 3 days within any 30-day period without first obtaining an MFU permit.

B.         MFUs which are closed to the public shall not be required to obtain an MFU permit.

C.         An MFU may operate within any special event (such as a farmer’s market or public festival) that holds a valid special event permit through the City of Sweet Home without an MFU permit.

D.         Any event hosted by the City of Sweet Home is exempt from an MFU permit. The MFU shall complete any required application and obtain the proper approval directly from the specific City of Sweet Home department hosting the event.

E.         An MFU in the public right-of-way is exempt so long as the MFU follows City of Sweet Home parking regulations and does not block pedestrian or vehicle traffic.

Permit and application fees for activities governed by this chapter shall be set by council resolution. 

A.         Application for MFU Pod permit will minimally contain:

1.          A scaled site plan of the property and proposed area the MFU will be located, to include at a minimum:

a.          A completed MFU Pod permit application form;

b.          A site plan including, but not limited to the following:

1.         Total square footage of area proposed for MFU use;

2.         Circulation plan of vehicle and pedestrian traffic onto, out of, and within the property;

3.          Location of MFU Pod amenities;

4.          Parking plan demonstrating compliance with all Sweet Home Municipal Code parking requirements once MFU is in place;

5.          Site layout demonstrating compliance with all setbacks, buffering, and separation requirements as specified in the Sweet Home Municipal Code (SHMC), Building Codes, and the Sweet Home Fire District (SHFD);

6.          Utility connections for each unit (water, sewer, electrical, storm water, degreaser unit, etc.)

c.          Details demonstrating compliance with the standards set forth in this chapter.

B.         Additional information shall be provided by the applicant as required by the city manager or their designee.

C.         Fees set through SHMC 17.75.070 shall be due when application is submitted and are nonrefundable.

D.         An MFU Pod permit shall not expire, so long as the applicant and site are in compliance with the approved application.

E.         If the applicant makes any changes to the requirements listed in SHMC 17.75.080(B) after an MFU Pod permit is approved, the permit shall be revoked and the applicant must apply for a new MFU Pod permit.

A.         Application for a permit will minimally contain:

1.          A completed MFU application form;

2.          Site Plan.

3.          Linn County Health Department License.

4.          A copy of MFU’s restroom agreement as required by Linn County (if no restroom is provided on site);

5.          A copy of current proof of liability insurance;

6.          Signed Proof of Placement Permission.

7.          Method of waste disposal (liquid and solid). Disposal shall comply with SHMC Chapter 17.48 of the Sweet Home Municipal Code.

B.         Copies of all necessary permits and agreements held for the county in which the permittee plans to operate. Additional information shall be provided as required by the city manager or their designee.

C.         Fees set through SHMC 17.75.070 shall be due when application is submitted and are nonrefundable.

D.             The MFU is limited to 1 year at a given site and/or address with an unlimited number of 1-year extensions. Each extension shall require a new permit.

Unless the property is approved as an MFU pod through the Sweet Home Municipal Code, MFUs shall only locate on properties within Commercial and Mixed-Use zones that are not used primarily for residential purposes.

A.         An MFU must not be a permanent structure and:

1.      Shall remain operable and able to move;

2.      Shall be properly licensed through the Oregon Department of Motor Vehicles;

3.      Wheels can be removed but must remain on site.

4.      Shall keep the tongue or other towing connection on site;

5.      Shall not have permanent skirting or a base constructed around it;

6.      Shall enclose or screen from view of the right-of-way and abutting residentially zoned property all accessory items not used by customers, including but not limited to, tanks, barrels, or other accessory items;

7.      Shall not be missing siding or roofing;

8.      Shall be kept in good repair and maintained in a safe and clean condition; and

9.      Shall not exceed 15 feet in height.

B.         An MFU shall only operate on an approved property under SHMC 17.75.040 or 17.75.050.

C.        All MFUs, even those within MFU Pods, must maintain a 6-foot minimum clearance from any other MFU, structure or combustible item not integral to the MFU.

D.         MFU operators shall pick up any paper, cardboard, wood, or plastic containers, wrappers, or any litter that is deposited by any person and which was generated from the MFU business from the ground of the property on which they conduct business and from all adjacent public rights-of-way.

E.         An MFU may provide tent(s)/umbrella structure(s) for shelter to customers. The tent(s)/umbrella structure(s) shall have a minimum of seven feet of vertical clearance and be able to be closed or removed. All awnings must be flame resistant per Oregon Fire Code.

1.      An MFU may provide 1 additional tent no larger than 12 feet by 12 feet, and 1 outdoor portable heating unit; provided, that both items are removed and stored within the MFU or other structure outside of operating hours.

a.          Shelter and heating unit must be maintained in working order with no defects that would hinder its intended use.

b.          Tents may have a maximum of 50 percent of the structure enclosed with walls or sides. Membrane structures may be fully enclosed.

2.      Structures shall comply with all local and state agency regulations, including but not limited to Sweet Home Fire District, and Building regulations, and obtain all necessary permits and inspections prior to use of structure.

F.          Any additional lighting shall be integral to the MFU.

G.          Fences shall be constructed in compliance with SHMC Chapter 17.52.

H.          Each MFU shall comply with the Oregon Fire Code, as interpreted by the Sweet Home Fire District.

I.           An ADA accessible route shall interconnect the MFU, the restrooms, and any provided site elements such as seating, parking, or facilities.

J.          An MFU shall remain in compliance with all applicable city, county, and state regulations.

A.         A single MFU shall be fully contained or comply with the MFU Pod utility standards in Section B below. Electrical generators, if used, must comply with the following:

1.      Generators shall be placed at least 10 feet from other buildings, structures, and combustibles.

2.      Generator exhaust shall be directed away from the MFU, buildings, structures, and combustibles.

3.      Generators shall be protected from contact by the public.

4.      Generators shall not be operated within 300 feet of residential zoning, however inverter generators may be placed at 100 feet or greater from residential zoning, provided they are rated by the manufacturer to operate at 70 decibels or less.

5.      Generators that are nonintegral to the MFU shall not be stored outside during nonoperating hours.

B.         MFU Pod Utility standards:

1.      Shall connect to the sanitary sewer consistent with applicable state plumbing codes and will included and approved grease interceptor for the disposal of fats, oils, and grease. Indirect discharge or leakage draining into the storm eater system is prohibited.

2.      Shall connect to a permanent water source in conformance with the applicable state plumbing codes.

3.      Electrical connection may be made via a permitted connection approved by the local electrical utility and the Linn County Building Department.

a.          Connection shall be made within 50 feet of an MFU.

b.          Connection shall be accessible for operation, maintenance, and inspection.

c.          Connection cables/cording shall be maintained in good condition.

d.       Electrical connections shall be covered by a cable protection ramp which has been rated for light vehicle traffic or greater and which has an anti-slip surface.

4.      Electrical connection may be made via a power generator provided the following standards are met:

a.          Connection shall be made at a distance no more than 15 feet from the MFU while continuing to comply with all manufacturer guidelines.

b.          Connection cables/cording shall be maintained in good condition that allows for safe operation of the power generator.

c.          Electrical connections shall be covered by a cable protection ramp which has been rated for light vehicle traffic or greater and which has a non-slip surface.

C.         All utilities shall be placed or otherwise screened, covered, or hidden from view of the right-of-way as to minimize visual impacts and prevent tripping hazards or other unsafe conditions.

MFUs shall comply with SHMC Chapter 17.50. 

The permit and/or approval issued shall be in a form deemed suitable by the city manager or their designee.

A.         MFU Permit. In addition to naming the MFU owner as permittee and other information deemed appropriate, the permit shall contain the following minimum conditions:

1.      Each permit shall terminate 1 year after its issuance and may be renewed by submitting a new application and paying the required fee(s).

2.      The issued MFU permit shall be personal to the permittee only and is not transferable in any manner. The permittee is responsible for compliance with all conditions of approval.

3.      The permittee shall notify the city manager or their designee if they wish to modify an existing permit by submitting a new application under SHMC 17.75.030 along with the required fee(s).

4.      The MFU permit shall be displayed in plain view of the public during operating hours.

MFU permits may be renewed an unlimited number of times. 

A.         No temporary structures or storage containers shall be placed or erected on the property without prior approval from the City of Sweet Home. Any allowed temporary structure shall be maintained in good working condition free of holes, cracks, and/or defects.

B.         Restrooms shall not be provided via chemical/portable toilet or privy.

C.         MFUs shall not be parked in required landscape areas.

D.         MFUs and amenities shall not be located in designated Clear Vision Areas.

E.         No drive-through or drive-up service shall be permitted.

F.         Direct or indirect operation of the MFU (i.e., customer line, table placement, sign placement, etc.) shall not be within, or block, the public right-of-way or access to the public right-of-way.

G.        MFUs, including all items associated with their operation (items including but not limited to, cords, hoses, pipes, cables, or similar materials), shall not obstruct any required pedestrian pathways, bike paths, driveways, or drive aisles and shall be located so as not to create a traffic or safety hazard.

H.         MFUs and/or objects associated with the Units shall not occupy fire lanes or other emergency vehicles access areas.

I.           No dumping of waste is permitted into the city’s storm drain system, public streets, or directly/indirectly onto the ground or pavement as outlined in SHMC Chapter 13.08.060.

The city manager or their designee may enter upon a property which has an MFU that has established business, for the purpose of inspection of both the private property and MFU for continued compliance with this chapter.

A.         The city manager or their designee may deny, revoke, or suspend an MFU permit upon finding that any provision herein or condition of approval will be or has been violated.

B.         Upon denial, revocation, or suspension, the city manager or their designee shall give notice of such action to the applicant or permittee in writing stating the action that has been taken and the reason. The action shall be effective immediately.

C.         Upon denial, revocation, or suspension of permit, the MFU shall either comply or depart within 2 days.

A person who is in violation of the provisions of this chapter is subject to the provisions of SHMC 17.02.050.

The purpose of this Chapter is to provide development guidelines and operating requirements for a bed and breakfast establishment within The City.

Where allowed, the following provisions shall apply:

1. Location. The establishment shall be located along, or within 300 feet, of a collector or arterial street.
2. Rooms. The bed and breakfast establishment shall be limited to a maximum of two guest rooms in the R1 zones and four guest rooms in all other zones.
3. Room restrictions. No guest room shall be located within a basement.
4. Building modification. The guest rooms utilized by the establishment shall be part of the primary residential use and not specifically constructed for rental purposes. In no case shall the residential character be modified or altered to accommodate the establishment.
5. Parking. In addition to the parking requirements for the residence, one additional parking space shall be required for each guest room. The parking space(s) shall comply with the following improvement provisions:
   1. No parking shall be permitted within the designated front yard setback.
   2. Parking located within the side yard or rear yards shall be screened from adjacent residential zoned property. Screening shall be provided by a six-foot sight-obscuring wood or chain-link fence; or, vegetative hedge.
6. Signs. Signs shall be limited to one non-illuminated wall-mounted sign not to exceed eight (8) square feet in area. Signs must comply with chapter 17.50 of this Code.

The following shall continually apply to the operation of the establishment:

1. Owner/operator. The establishment shall be maintained and operated solely by the on-premise owner of the residence containing the bed and breakfast.
2. Retail activity. No retail or other sales shall be permitted unless clearly incidental and directly related to the conduct of the establishment (e.g., coffee cups or t-shirts with the business logo).
3. Receptions. The establishment shall not be used by the public or paying guests for the hosting of receptions, weddings, private parties or similar functions.
4. Meals. Meals shall be limited to breakfast and snacks and shall be served only to overnight guests. The operator shall be responsible for obtaining necessary food service permits.
5. Safety. The improvements, maintenance and operation of the establishment shall continually comply with applicable building code, fire safety and health regulations.

Where identified as a permitted or conditionally permitted use, a house of worship, church, non-profit religious or philanthropic institution; may include the following activities and uses customarily associated with the practices of the religious activity:

1. Worship services.
2. Religion classes.
3. Weddings.
4. Funerals.
5. Meal programs.
6. Child care, but not including private or parochial school education for prekindergarten through grade 12 or higher education.
7. House or residence for clergy, religious leaders.

1. Houses of worship may provide housing or space for housing in a building that is detached from the place of worship, provided:
   1. At least 50% of the residential units provided under this paragraph are affordable to households with incomes equal to or less than 60% of the median family income for the county in which the real property is located;
   2. The real property is in an area zoned for residential use that is located within the urban growth boundary; and
   3. The housing or space for housing complies with applicable land use regulations and meets the standards and criteria for residential development for the underlying zone.
2. Housing and space for housing provided under subsection A., above, must be subject to a covenant appurtenant that restricts the owner and each successive owner of the building or any residential unit contained in the building from selling or renting any residential unit described in subsection A.1., of this section as housing that is not affordable to households with incomes equal to or less than 60% of the median family income for the county in which the real property is located for a period of 60 years from the date of the certificate of occupancy.

The purpose of this section is:

1. To minimize adverse health, safety, public welfare or visual impacts of towers, through careful design, siting, landscaping and innovative visual compatibility techniques.
2. To encourage shared use/co-location of towers and antenna support structures as a primary option rather than construction of additional single-use towers.
3. To encourage utilization of technological designs that will either eliminate or reduce the need for construction of new tower facilities.
4. To avoid potential damage to property caused by facilities, by ensuring such structures are sound and carefully designed, constructed, modified, maintained and removed when no longer used or are determined to be structurally unsound.
5. To ensure that towers are compatible with surrounding land uses.

For the purpose of this Development Code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ANTENNA, WIRELESS TELECOMMUNICATIONS. The physical device, commonly in the form of a metal rod, wire panel or dish, through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operators, police, fire and AM radio are excluded from this definition.

ATTACHED WIRELESS COMMUNICATION FACILITY. A wireless telecommunications facility that is affixed to an existing structure, other than a wireless telecommunications tower.

CO-LOCATION. A wireless telecommunications facility comprised of a single telecommunications tower or building supporting one or more antennas, dishes or similar devices owned or used by more than one provider.

HANDOFF. Refers to the process of transferring an active call or data session from one cell in a cellular network to another or from one channel in a cell to another.

LATTICE TOWER. A self-supported structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.

MONOPOLE. A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.

PROVIDER. A company holding a Federal Communications Commission (FCC) license that is in business to provide telecommunications services.

VISUAL COMPATIBILITY TECHNIQUES. Design, engineering and construction techniques that minimize the visual impact of a tower or antennas.

WIRELESS TELECOMMUNICATIONS. The transmission, via radio frequency electromagnetic waves, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.

WIRELESS TELECOMMUNICATIONS ACCESSORY STRUCTURE/EQUIPMENT. Equipment shelters or radio equipment necessary for the operation of wireless telecommunications in addition to the antenna and tower.

WIRELESS TELECOMMUNICATIONS EQUIPMENT SHELTER. The structure in which the electronic radio equipment and relay equipment for a wireless telecommunications facility is housed.

WIRELESS TELECOMMUNICATION FACILITY (WTCF). A facility consisting of the equipment and structures involved in receiving and or transmitting telecommunications or radio signals.

WIRELESS TELECOMMUNICATIONS SUPPORT FACILITY. A wireless telecommunication tower.

WIRELESS TELECOMMUNICATIONS TOWER. A structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed and lattice towers, but not excluding any other approved structure.

1. Wireless telecommunications facilities, hereby referred to as “WTCF” and/or “facilities” within this section, require a conditional use permit, unless located within an industrial zone.
2. The process of review is dependent on the type of facility proposed (i.e. co-located/attached or freestanding) and its proposed location.
   1. Notice. When mailed notice of a public hearing or an administrative action relating to a wireless communication facility is required by this chapter, the notice shall be sent to owners of record of property where the property is located as follows:
      1. Within 300 feet from the exterior boundary of the subject property when the proposed WTCF meets the height requirement of this chapter; and
      2. For WTCFs that exceed the height requirement of this chapter, an additional 50 feet of notice area is required for every ten-foot increment in height.
   2. Action by the planning commission. Applications to site a WTCF through means other than attachment shall be processed as a Conditional Use subject to the Type III process in Chapter 17.126, unless located within an industrial zone.
   3. Uses prohibited. Wireless telecommunications facilities shall be prohibited in the Natural Resources Overlay Zone.

WTCFs shall be sited in accordance with the following priorities, in order of their preference. If the applicant proposes a facility on lower priority preferences, the applicant shall prove conclusively, that each of the higher priorities has been considered and found to be not feasible.

1. Priority #1. Use of an attached wireless communication facility whereby transmission and reception devices are placed on existing structures which are consistent in height with and situated similarly to types normally found in the surrounding area, such as telephone, electrical or light poles.
2. Priority #2. Co-location by placement of antennas or other transmission and reception devices on an existing tower, building or other structure, such as a utility pole, water tank or similar existing structure.
3. Priority #3. Siting of a new tower, in a visually subordinate manner, using visual compatibility techniques.
4. Priority #4. Siting of a new tower in a visually dominant location, but employing visual compatibility techniques.
5. Priority #5. Siting of a tower in a visually dominant location, not employing visual compatibility techniques.

1. General; conflict. All facilities shall meet all requirements established by the other provisions of SHMC that are not in conflict with the requirements contained in this chapter.
2. General; compliance. All facilities shall comply with all federal, state and city codes, including, but not limited to, Federal Communication Commission and Federal Aviation Administration standards.
3. Access. Access shall meet the standards of the underlying zone.
4. Height.
   1. Except as specified in Chapter 17.80.090, height of a facility shall be measured from the natural, undisturbed ground surface below the center of the base of the proposed facility to the top of the facility or if higher, the tip of the highest antenna or other transmission or reception device.
   2. No WTCF shall exceed the height standard of this chapter, except where attached to an existing structure that exceeds that height and the attached antennas do not increase the total height of that structure by more than ten feet.
5. Co-location.
   1. New facilities, if technically feasible, will be designed and constructed for three antennas/providers to co-locate on the facility and to allow antennas mounted at varying heights.
   2. The owner of a facility may not deny a wireless telecommunications provider the ability to co-locate on its wireless communication facility at a fair market rate or at another cost agreed to by the affected parties.
   3. A facility may be attached to any existing structure as long as the height of that structure is not increased by more than ten feet and so long as it meets all relevant requirements of this section.
   4. Co-location shall not be precluded simply because a reasonable fee or shared use is charged or because reasonable costs necessary to adopt the existing or proposed uses to a shared tower. The Planning Commission may consider expert testimony to determine whether the fees and costs are reasonable.
   5. Co-location costs that exceed new tower development costs are considered to be unreasonable.
6. Construction. All facilities must meet the requirements of the Uniform Building Code and/or the Oregon Structural Specialty Code.
7. Design. Where possible new facilities will be located in such a manner that they blend in with the background around them, using techniques to ensure visual compatibility characteristics.
   1. All new WTCF towers shall be a monopole or lattice tower structure constructed out of metal or other nonflammable material.
   2. All accessory structures (i.e. vaults, equipment rooms, utilities and equipment enclosures) shall be concealed, camouflaged, shall be consistent with the underlying zone or shall be placed underground.
   3. Visible exterior surfaces of accessory facilities (i.e. vaults, equipment rooms, utilities and equipment enclosures) shall be constructed out of nonreflective materials.
   4. Unless constructed of a naturally dull or non-reflective material, WTCFs shall be initially painted and thereafter repainted as necessary with a “flat” paint. The color shall be one that will minimize the facility’s visibility to the maximum extent feasible.
8. Landscaping. All WTCF shall be installed in such a manner as to maintain and enhance existing vegetation. Where no vegetation exists, a landscaping plan must be submitted for the site.
9. Lighting. No lighting shall be permitted on a WTCF except as required for security and as required by the Federal Aviation Administration. Security lighting shall be located in such a manner so as not to face directly, shine or reflect glare onto any street or a lot in a residential zone.
10. Location. No telecommunications facility shall be installed on an exposed ridge line unless it blends with the surrounding existing natural and human-made environment in such a manner as to be visually compatible with the environment.
11. Setbacks. Facilities shall be set back at least 25% of the tower height from all property lines or shall meet the setbacks of the underlying zone, whichever is greater.
12. Safety. All WTCF shall maintain in place a security program that will deter unauthorized access and vandalism.
13. Underground equipment shelters. Underground equipment shelters should be considered.
14. Signs.
    1. Signs shall comply with the requirements set forth in this chapter.
    2. All telecommunications facilities shall be clearly identified as to the location and operator so as to facilitate emergency response.

All attached facilities shall be located and designed to appear an integral part of the structure.

1. Roof mounted antennas and all building mounted accessory equipment shall be located no closer to the nearest edge of the roof than the height of the antenna or accessory equipment, whichever is greater.
2. Wall mounted antennas shall be architecturally integrated into the building.
3. Wall mounted antennas shall be located no more than 4-feet from the wall face.
4. Accessory structures for attached facilities, such as equipment shelters, cabinets or other enclosed structures containing electronic equipment, shall be camouflaged or otherwise constructed using visual compatibility techniques.

Wireless telecommunications facilities that do not have functioning antennas for a period of six months shall be considered abandoned and shall be removed by the owner or operator within 60 days thereafter.

1. Application requirements.
   1. One copy of the narrative on eight and one-half inch by 11-inch sheets;
   2. A development site plan drawn to scale with sheet size not to exceed24 inches by 36 inches. Where necessary, an overall plan with additional detail sheets may be submitted;
   3. All information necessary to evaluate the request;
   4. One set of the plan shall be reduced to fit on eight and one-half inch by 11-inch sheets of paper. Names and numbers must be legible on this sheet size; and
   5. After the application is accepted as complete, any revisions may require a new application, additional filing fees and rescheduling of the public hearing.
2. Development plan required. All applications shall be accompanied by a development plan drawn to scale showing the following:
   1. Use or uses;
   2. Location of the proposed facility and relevant dimensions;
   3. Height of the proposed facility;
   4. Setbacks for the proposed facility;
   5. A photo simulation of the proposed WTCF for the maximum number of providers;
   6. Dimensions and location of areas to be reserved for vehicular and pedestrian access and circulation;
   7. A landscaping plan that indicates how the facility will be screened from adjoining uses;
   8. A fencing plan that indicates the location, height and design of any proposed fencing;
   9. A lighting plan that indicates the type and location of any proposed lighting;
   10. A sign plan that indicates the size, location, and design of any proposed signage;
   11. Drawings demonstrating the materials, color and design of the proposed facility;
   12. A map showing all existing wireless communication facility sites operated by the provider within two miles of the Sweet Home boundary, or the top of the nearby ridges, whichever is greater, including a description of the facility at each location;
   13. A propagation study indicating the proposed facility and the adjacent hand-off sites;
   14. If provider proposes to construct a new facility (tower), all applications shall include findings that demonstrate that it is not legally or technically feasible to co-locate:
       1. Documentation of the efforts that have been made to co-locate on existing or previously approved towers;
       2. Each provider shall make a good faith effort to contact the owner(s) of all existing or approved towers and shall provide a list of all owners contacted in the area, including the date, form of contact and the result of contact; and
       3. Documentation as to why co-locating on an existing or proposed tower or attachment to existing structures within one-half mile of the proposed site is not feasible.
   15. Such other pertinent information shall be included as may be considered necessary by the review authority to make a determination that the contemplated arrangement or use makes it necessary and desirable to apply regulations and requirements differing from those ordinarily applicable under this chapter and the subdivision provisions.
3. Narrative required. A written statement shall include the following information:
   1. The name and contact information for the provider;
   2. A description of the character of the proposed facility;
   3. Analysis of how the application meets the review criteria;
   4. Applicants/providers shall provide evidence of legal access to the proposed wireless telecommunications facility;
   5. The applicant/provider shall provide evidence that legal access to the facility site will be maintained for the duration of the facility’s operation;
   6. Where a proposed wireless telecommunications facility is located on a property not owned by the provider, the applicant/provider shall present documentation that the owner of the property has granted an easement or entered into a lease for the proposed facility and that vehicular access is provided to the facility;
   7. The applicant shall provide evidence that describes the facility tower’s structural capacity to carry the antennas of at least three wireless telecommunications providers;
   8. The applicant shall provide evidence of steps the provider will take to avoid interference with normal radio and television reception in the surrounding area and with any public safety agency or organization, per FCC requirements;
   9. The applicant shall demonstrate that the WTCF is intended to provide service primarily within the community. The City reserves the right to deny a permit if it is shown that the facility is not intended to provide service primarily within the community.
   10. The applicant/provider shall demonstrate that the WTCF must be located where it is proposed in order to service the provider’s service area. There shall be an explanation of why a facility at this proposed site is technically necessary;
   11. If the applicant/provider proposes a new tower or co-located facility, the applicant shall provide evidence that the facility’s height is the lowest height at which the gap in coverage can be filled;
   12. All applications shall include evidence that at least one provider will use the proposed facility and provide wireless telecommunications service immediately upon completion of the facility. The City reserves the right to deny applications that propose a facility without a provider.
   13. The application shall include a written agreement that WTCFs owned by the provider, that do not have an operating antenna for a period of six months, shall be considered abandoned and shall be removed by the operator within 60 days.
   14. The application shall include a written agreement from the property owner that if the provider fails to remove an abandoned WTCF, the property owner has full legal and fiscal responsibility for the WTCF removal.

1. Residential zones. A wireless telecommunications facility is not allowed in any residential zone unless it is an attached WTCF that meets the requirements of this section.
   1. Access. Standards for access are set by the underlying zone.
   2. Height. A facility that is attached to an existing structure may not exceed the height of the existing structure, unless findings are made by the Planning Commission that such an increase will have a minimal impact on the appearance of the structure.
   3. Landscaping. Existing trees and other screening vegetation in the vicinity and along the access road shall be protected from damage, both during the construction period and thereafter.
   4. Signs. Facilities shall be identified with an identification sign not exceeding two square feet in size.
   5. Accessory facilities. Accessory structures for attached facilities, such as equipment shelters, cabinets or other enclosed structures containing electronic equipment, shall be camouflaged or otherwise constructed using visual compatibility techniques.
2. Commercial zones. A wireless telecommunications facility in any commercial zone must be either an attached WTCF or a monopole, and that meets the requirements of this section.
   1. Access. Standards for access are set by the underlying zone.
   2. Height. The height of a WTCF shall not exceed 80 feet.
   3. Landscaping. Existing trees and other screening vegetation in the vicinity and along the access road shall be protected from damage, both during the construction period and thereafter. The accessory structure shall be screened by an evergreen material with an ultimate height of at least eight feet and a planted height of at least three feet. The landscaping must be protected and maintained.
   4. Signs. Facilities shall be identified with an identification sign not exceeding two square feet in size.
   5. Accessory facilities. Accessory structures for attached facilities, such as equipment shelters, cabinets or other enclosed structures containing electronic equipment, shall be camouflaged or otherwise constructed using visual compatibility techniques.
3. Industrial zones.
   1. Access. Standards for access are set by the underlying zone.
   2. Height. Facilities shall not exceed 100 feet.
   3. Landscaping. Existing trees and other screening vegetation in the vicinity and along the access road shall be protected from damage, both during the construction period and thereafter. The accessory structure shall be screened by an evergreen material with an ultimate height of at least eight feet and a planted height of at least three feet. The landscaping must be protected and maintained.
   4. Signs. Facilities shall be identified with an identification sign not exceeding two square feet in size.
   5. Accessory facilities. Accessory structures for facilities, such as equipment shelters, cabinets or other enclosed structures containing electronic equipment, shall be camouflaged or otherwise constructed using visual compatibility techniques.

1. A parcel is a legal lot of record for purposes of this Development Code when the lot conforms to all zoning requirements, subdivision requirements, and Comprehensive Plan provisions, if any, in effect on the date when a recorded separate deed or contract creating the separate lot or parcel was signed by the parties to the deed or contract.
2. Lots in recorded plats may be combined under a single ownership for the purpose of developing the combined property, subject to approval of a property line adjustment.
3. The use or development of any legal lot of record shall be subject to the regulations applied to the property when such development or use is commenced, irrespective of the lot width, street frontage, depth or area, but subject to all other regulations.

This section shall apply in the event that a lot or the aggregate of contiguous lots held in a single ownership as recorded in the office of the Recorder of the county and located in The City as of January 1, 1971, or the date of annexation of the property to The City, whichever is later, has an area or dimension which does not meet the lot size requirements of the zone in which the property is located. In this case, the holdings may be by a use permitted in the zone subject to the other requirements of the zone. If there is an area deficiency, residential use shall be limited to a single-family dwelling, or to the number of dwelling units consistent with the lot area per dwelling unit requirement of the zone.

New structures which are proposed to be constructed on lots abutting an existing public street which does not meet the minimum standards of Chapter 17.42 for right of way width shall provide setbacks sufficient to allow for the future widening of the right of way. Building permits shall not be issued unless a yard setback equal to the minimum yard requirements of the zoning district plus the required minimum additional right of way width is provided.

A property owner shall not allow the water carrying capacity of any drainageway within his property to deteriorate and subsequently contribute to flood hazard. The property owner shall remove excess debris from the channel including dead vegetation. Neither shall any fill or garbage be dumped in any drainageway. Failure to maintain the water carrying capacity of the drainageway shall empower The City to enter the property and take whatever action is necessary to ensure that the carrying capacity of the drainageway is not impaired and then assess the real property and improvements for the cost of The City's actions. Grading permits may be required and are subject to provisions in Chapter 17.46.

If permitted in the zone, allowed as an accessory use, or otherwise permitted as a commercial or industrial activity, the following limitations shall apply:

1. Crops, orchards and gardens. The growing of crops, orchard products, vegetables or similar food items for personal use shall be permitted.
2. Livestock, chickens, rabbits and similar. The breeding, raising, boarding, or selling of horses, cows, bulls, mules, sheep, goats, alpacas, llama, emus, bees, or other similar farm animals are subject to provisions in Title 6 of the Sweet Home Municipal Code.

Projections such as chimneys, spires, domes, elevator shaft housing, towers, aerials, flagpoles, and other similar objects not used for human occupancy may be constructed to a height not to exceed 1.25 times the height limit for the zone.

Public or quasi-public buildings, religious buildings, hospitals, and educational institutions when permitted in a zone may be constructed to a height not to exceed 1.75 times the height limit for the zone, provided all the required yards are increased one foot for each two feet of additional building height above the height regulation for the zone.

When structures exist at the time a zone is adopted which do not comply with an individual yard setback restriction, additions to such structures not conforming to the yard setbacks shall be allowed, provided:

1. The setback distance will not be decreased by the addition.
2. The addition conforms to all other provisions of the zoning district.
3. The addition shall not be greater than forty (40) percent of the square footage on the ground level of the existing structure.

Setback limitations stipulated elsewhere in this Development Code may be modified as follows:

1. Bus shelters. Bus shelters which are intended for use by the general public and are under the ownership and/or control of a city, county, state or municipal corporation shall be exempt from setback requirements, provided they do not violate clear-vision provisions in Chapter 17.56.
2. Underground structures. Side and rear yards of underground structures may be reduced to 3 feet except:
   1. Where the perimeter wall of the structure is above the natural elevation of the adjacent ground, in which case the setback provisions of the district shall apply.
   2. All openings into the structure, including doors, windows, skylights, plumbing, intake and exhaust vents, shall meet the minimum setbacks of the district.
3. Public dedication. Setback restrictions of this Development Code shall not apply to existing structures where the setback is reduced by a public dedication.
4. Special right-of-way. The placement of buildings and the establishment of yards shall conform the right-of-way widths for existing and proposed street alignments shown on the Sweet Home Street Plan.
5. Commercial & industrial setbacks. In commercial or industrial districts where an interior yard is not required and a structure is not located at the property line, it shall be set back at least three (3) feet from the property line to accommodate access to the building.
6. Drainageway setback provisions.
   1. All fish-bearing streams and all year-round flowing streams shall have a minimum setback of 50-feet from the top of each bank and 75-feet for the South Santiam River. Additional setbacks may be required for riparian areas, wetlands and floodplains. Building Permit applications and land use applications to The City shall clearly indicate the boundary limits for riparian areas, wetlands and floodplains. Alteration of these areas, other than for continuation of agricultural use, by grading or placement of structures or impervious surfaces is prohibited unless approved by The City in accordance with the procedures of this Development Code and State Law.
   2. All other intermittent drainageways and watercourses shall have a minimum setback that includes the vegetative fringe, top of bank or a minimum 15 feet from the center of the drainageway whichever is greater.

1. Continuation. A nonconforming use may be continued although not in conformity with the regulations for the zone in which the use is located.
2. Discontinuation. If a nonconforming use is discontinued for a period of more than one year, the use shall not be resumed unless the resumed use conforms with the requirements of the Development Code.
3. Restoration. If a nonconforming use is damaged or destroyed by fire, other casualty or natural disaster, such use may be restored or replaced provided physical restoration or replacement is lawfully commenced within one year of the damage or destruction. The City may administratively grant a one time, one-year extension to this requirement.
4. Alteration and change of use. Alterations or changes in a nonconforming use may be permitted to reasonably continue the use. Such alterations or changes are subject to the Nonconforming Use provisions in Chapter 17.108.
5. Exemptions. Non-conforming single-family homes or duplex dwellings in a non-residential zone may be modified, or expanded in compliance with development requirements of the R-3 Zone without the need to comply with the requirements and procedures in Chapter 17.108. Conversions of non-conforming single-family homes to duplexes in non-residential zones are similarly permitted without the need to comply with the requirements and procedures of Chapter 17.108 when they do not increase the nonconformance.