The Dalles City Zoning Code

CHAPTER 10

5 ZONE DISTRICT REGULATIONS

§ 10.5.010.010 Purpose.

This district implements the RL - Low Density Residential Comprehensive Plan designation. The RL district is intended to provide low density family residential areas for present and future needs, together with a full range of urban services.

(Ord. 21-1384; Ord. 23-1395)

§ 10.5.010.020 Permitted Uses.

Primary Uses Permitted Outright.

Residential use types: single-family.

Residential building types:

Single-family detached.

Single-family detached (zero lot line) when used in a cluster of zero lot line lots or when a 10-foot easement is obtained from the owner of the property adjacent to the zero-foot setback. If a zero lot line is used, the opposite side yard setback is a minimum of 8 feet unless the entire yard is used, as in a cluster of townhouses.

Duplex and two-unit condominiums.

Civic use types: public parks and open space (excluding spectator and participant sports facilities, which shall be processed as community facilities sites per the provisions of Section 10.5.010.030: Conditional Uses of this Article).

Other use types:

Wireless communication facilities, subject to the provisions of Article 6.140: Wireless Communication Equipment.

Residential care home, as defined in Chapter 10.2 - Definitions.

Child care center, as defined in Chapter 10.2 - Definitions

Other uses determined by the Director to be similar to the above uses.

Accessory Uses Permitted Outright.

Accessory dwelling units, subject to the provisions of Article 6.030: Accessory Development.

Accessory structures customarily incidental to the primary use, subject to the provisions of Article 6.030: Accessory Development.

Bed and breakfast and vacation rentals, subject to the provisions of Article 6.040: Bed and Breakfast and Vacation Rentals.

Family day care, as defined in Chapter 10.2 - Definitions.

Home business, subject to the provisions of Article 6.020: Home Businesses.

(Ord. 19-1373; Ord. 23-1400)

§ 10.5.010.030 Conditional Uses.

The following conditional uses are allowed subject to review and approval per the provisions of either Article 3.050: Conditional Use Permits or Article 3.060: Administrative Conditional Use Permits.

Community facilities, subject to the provisions of Article 5.100: Community Facilities Overlay District.

Funeral and interment services (interring and cemeteries only), subject to the provisions of Article 5.100: Community Facilities Overlay District.

Planned development, subject to the provisions of Article 9.050: Planned Development.

Wireless communication facilities, subject to the provisions of Article 6.140: Wireless Communication Equipment.

Adult Business. An application for an adult business shall also comply with the following criteria:

The adult business must be located more than 500 feet from any R-L residential zone, measured in a straight line from the closest edge of the property line on which the business is located to the closest edge of the property in the RL Low Density Residential zone.

The adult business must be located more than 1,000 feet from all of the following facilities, measured in a straight line from the closest edge of the property line on which the business is located to the closest edge of the property on which the facility is located:

A public school.

A public library.

A public park or recreational facility, which has facilities such as a playground, swimming pool, baseball field, football field, soccer field, tennis court, basketball court, or volleyball court.

(Ord. 23-1400)

§ 10.5.010.040 Prohibited Uses.

Except as provided herein, the production, processing, wholesaling, and retailing of recreational and medical marijuana are prohibited uses in all RL - Residential Low Density districts. Marijuana shall not be grown on any residentially zoned property except as follows: a home-grown recreational marijuana grow site or a personal medical marijuana grow site; provided that:

No owner of real property or person in charge of the property shall allow, permit, or cause the odor of marijuana associated with a home-grown recreational marijuana grow site or a personal medical marijuana grow site to emanate from the property upon which the grow site is located, to any other property.

No owner of real property or person in charge of the property shall allow, permit, or cause a home-grown recreational marijuana grow site or a personal medical marijuana grow site to be located in a place where the grow site may be seen by normal unaided vision from a public place or neighboring property. The grow site shall be screened using appropriate screening material as defined in Section 10.6.010.050 of this Title.

(Ord. 17-1356)

§ 10.5.010.060 Development Standards.

RL Low Density Residential	Standard
Lot Size
Single-Family Detached	5,000 sq. ft. minimum
Duplex	2,500 sq. ft. per dwelling unit
Attached Row House	3,200 sq. ft. minimum with density transfer
Lot Width	50 ft. minimum
Lot Width - Duplex	25 ft. minimum per dwelling for a duplex on a corner lot each unit shall front on a separate street
Lot Depth	65 ft. minimum average
Setback
Front Yard	15 ft.
Rear Yard	10 ft.
Side Yard (interior)	5 ft. minimum
Side Yard (exterior)	8 ft., except 20 ft. for garage entrance
Single-Family Detached	8 ft. minimum on one side of a dwelling unit with a zero setback on the opposite side
Corner Duplex	Setback (0 ft.) on the opposite side
Small Lot Single-Family	5 ft. minimum
Attached Row House	8 ft. minimum for end units; zero setback (0 ft.) where common walls exist
Side Yard (corner lot)	10 ft. minimum on street side
Garage/Carport Entrances (facing streets)	20 ft. minimum (corner lots and interior lots)
Building Height	32 ft. maximum
Lot Coverage	60% of lot area maximum
Building Orientation	The building shall be oriented parallel to the street or private accessway. Orientation on private accessway is allowed only if there is no street frontage. Practical adjustments may be made to accommodate street curvature. Primary building entrances are required to have a clear pedestrian connection to the street/sidewalk constructed of concrete, asphalt, pavers, or other hard surface. Primary entrance located on the rear building face is prohibited.
Off-Street Parking	See Chapter 10.7 - Parking Standards
Accessory Uses, Buildings and Structures	See Article 6.030: Accessory Development
Landscaping	See Article 6.010: Landscaping Standards
Driveway Locations	See Article 6.050: Access Management
Minimum Density	3 units per net acre*
Maximum Density	8.712 units per gross acre*

*	See TDMC Section 10.6.170.020 for more information regarding net acreage.

(Ord. 19-1373; Ord. 20-1379; Ord. 21-1384; Ord. 23-1395; Ord. 23-1400)

§ 10.5.010.070 Design Standards.

All Residential Development. All one- and two-family dwelling units located on a single tax lot shall utilize 6 or more of the following design features to provide visual relief along the front of the residence(s):

Attached garage or carport (1 per dwelling).

Roof pitch greater than 3/12 (a nominal slope of 3 feet in height for every 12 feet in width).

Commercially available siding.

Covered front porch entries.

Recessed front entries.

Eaves, minimum 12-inch projection.

Bay or bow windows.

Exterior window sills.

Gables in addition to the primary roof pitch.

10.

Other features subject to the approval of the Director.

Manufactured Dwellings. In addition to the above requirements for all residential development, manufactured dwellings located on individual lots are subject to all of the provisions of Article 6.120: Manufactured Dwellings. Where a design feature from subsection A above is the same as a requirement from Article 6.120: Manufactured Dwellings, the overlapping requirements may count as one, and satisfy the requirements of both Articles.

Single-family attached and townhomes shall have front porches with a depth of at least 6 feet and a width of at least 12 feet, or the garage shall occupy no more than 50% of the width of the front (streetfacing) dwelling façade.

(Ord. 21-1384)

§ 10.5.010.080 Exceptions to Standards. [1]

Lot Size.

In planned developments, the lot size, width, and depth may vary from the standards listed in this Article, provided the proposed development conforms with this and other City ordinances.

Where open space is reserved on a separate tract of land, permitted density from that open space tract may be transferred to buildable portions of the site to allow for town house lots through the subdivision process, provided that the overall project density does not exceed 8.71 dwelling units per gross acre. The proposed development must conform to this and other City ordinances.

Density Calculations. Permitted accessory dwellings and duplexes shall not be counted in density calculations for proposed development.

Setbacks.

Planned Development and Subdivision Development. In planned development and subdivision development where the entire block frontage is developed as a unit, the front yard setbacks may be reduced to 10 feet.

Setback Averaging. The front yard setback and the garage/carport entrance setback may be reduced to the average of the respective setbacks of the abutting lots.

Setbacks for Steeply Sloping Lots. The following exceptions apply to lots which slope up or down from the street with an average slope of 20% or greater:

The front yard setback for the dwelling may be reduced to 10 feet; however, the height limitations of subsection (D)(3) below shall apply.

The front setback for the garage wall and/or garage/carport entrance may be reduced to 5 feet; however, the height limitations of subsection (D)(3) below shall apply.

Garage and Carport Setbacks on Alleys. Rear yard setbacks for garage/carports and accessory dwelling units on alleys may be waived per the following:

Garage/carports opening onto alleys with established 20-foot rights-of-way may be set back zero feet from the right-of-way.

Garage/carports opening onto alleys with less than a 20-foot right-of-way shall be set back to a minimum building line located 10 feet from the center of the alley right-of-way.

Height Limits for Steeply Sloping Lots.

Downhill Slope from Street. On lots that slope downhill from the street with an average slope of 20% or greater, the height limit is the higher of 23 feet above the average grade of the street or the allowed height limit. In addition, the alternative height and setback standards of paragraph 3 below may be applied.

Uphill Slope from Street. On lots that slope uphill from the street with an average slope of 20% or greater, the alternative height and setback standards of paragraph 3 below may be applied.

Height Limit in Reduced Setback Area. The height limit in the area of the reduced setback is lowered 1 foot for every foot of reduced setback.

Building Orientation.

Planned Development and Subdivisions. Planned development and subdivision development greater than 10 lots, and where the developer builds or sites the dwellings, shall be exempt from the building orientation requirement.

Steeply Sloping Lots. Buildings built uphill or downhill from garages/carports on lots with a slope of 20% or greater may be exempt from the building orientation requirements; provided that the garage/carport entrance meets the orientation requirement of the development standards.

Except where buildings abut or share a common wall, when the owner of a lot or parcel proposes to locate a building with an interior yard of less than the required setback from the adjacent property line, the owner must secure and record in the office of Wasco County Clerk, a maintenance access easement from the neighboring property owner adjacent to that side of the building. The easement shall provide access on the entire length of the proposed building and 5 feet beyond both ends. The easement requires a minimum of 10-foot separation between 2 houses on separate lots, a minimum of 8-foot separation between a house and a detached accessory building on separate lots, or a minimum of 6-foot separation between 2 detached accessory buildings on separate lots. The easement shall be on a form approved by the City, and be subject to payment of a fee established by City Council resolution. Applicant is responsible for recording and fees associated with recording. Applicant shall supply the City with a copy of the recorded easement.

(Ord. 21-1384; Ord. 23-1395)

[1]

See Article 6.070: Measurements for information on how to measure average slope, average grade, and calculate height limits.

§ 10.5.020.010 Purpose.

This district implements the RH - High Density Residential Comprehensive Plan designation. The RH district is intended to provide areas where single-family detached dwellings, single-family attached dwellings, duplexes, town houses, condominiums, and multifamily developments may be constructed under various ownership patterns. Adequate urban services shall be available to all development without exception.

(Ord. 21-1384; Ord. 23-1395)

§ 10.5.020.020 Permitted Uses.

Primary Uses Permitted Outright.

Residential use types:

Single-family.

Multifamily.

Cottage cluster development.

Residential building types:

Single-family detached subject to ministerial review (Article 3.020).

Single-family detached (zero lot line) subject to ministerial review (Article 3.020).

Duplex and single-family attached (zero lot line, 2 units) subject to ministerial review (Article 3.020).

Single-family attached (townhouses) subject to site plan review.

Multifamily dwelling subject to site plan review (Article 3.030).

Cottage cluster dwelling subject to site plan review (Article 3.030).

Civic use types: public parks and open space (excluding spectator and participant sports facilities, which shall be processed as community facilities sites per Section 10.5.020.030: Conditional Uses).

Care facility use types:

Child care center, as defined in Chapter 10.2 - Definitions.

Residential care home, as defined in Chapter 10.2 - Definitions.

Residential care facility, as defined in Chapter 10.2 - Definitions, subject to the provisions of Article 3.030: Site Plan Review.

Other use types:

Wireless communication facilities, subject to the provisions of Article 6.140: Wireless Communication Equipment.

Other uses determined by the Director to be similar to the above uses.

Accessory Uses Permitted Outright.

Accessory dwelling units, subject to the provisions of Article 6.030: Accessory Development.

Accessory structures customarily incidental to the primary use, subject to the provisions of Article 6.030: Accessory Development.

Bed and breakfast and vacation rentals, subject to the provisions of Article 6.040: Bed and Breakfast and Vacation Rentals.

Family day care, as defined in Chapter 10.2 - Definitions.

Home business, subject to the provisions of Article 6.020: Home Businesses.

(Ord. 19-1373; Ord. 21-1384; Ord. 23-1400)

§ 10.5.020.030 Conditional Uses.

The following conditional uses are allowed subject to review and approval, per the provisions of either Article 3.050: Conditional Use Permits or Article 3.060: Administrative Conditional Use Permits.

Community facilities, subject to the provisions of Article 5.100: Community Facilities Overlay District.

Mortuaries, funeral homes, interring and cemeteries, excluding crematoria.

Parking areas, subject to the provisions of Chapter 10.7 - Parking Standards.

Planned development, subject to the provisions of Article 9.050: Planned Development.

Wireless communication facilities, subject to the provisions of Article 6.140: Wireless Communication Equipment.

Adult Business. An application for an adult business shall also comply with the following criteria:

A public school.

A public library.

A public park or recreational facility, which has facilities such as a playground, swimming pool, baseball field, football field, soccer field, tennis court, basketball court, or volleyball court.

§ 10.5.020.040 Prohibited Uses.

Except as provided herein, the production, processing, wholesaling, and retailing of recreational and medical marijuana are prohibited uses in all RH - Residential High Density districts. Marijuana shall not be grown on any residentially zoned property except as follows: a homegrown recreational marijuana grow site or a personal medical marijuana grow site; provided that:

No owner of real property or person in charge of the property shall allow, permit, or cause the odor of marijuana associated with a homegrown recreational marijuana grow site or a personal medical marijuana grow site to emanate from the property upon which the grow site is located, to any other property.

No owner of real property or person in charge of the property shall allow, permit, or cause a homegrown recreational marijuana grow site or a personal medical marijuana grow site to be located in a place where the grow site may be seen by normal unaided vision from a public place or neighboring property. The grow site shall be screened using appropriate screening material as defined in Section 10.6.010.050 of this Title.

(Ord. 17-1356)

§ 10.5.020.060 Development Standards.

RH High Density Residential	Standard
RH High Density Residential	Single-Family Attached, Row Houses, or Townhomes (3 or more units)	One and Two Dwelling Units per Lot (Single-Family Detached and Duplex)	Three Dwelling Units per Lot	Four or More Dwelling Units per Lot
Minimum Lot Area	1,500 sq. ft.	2,500 sq. ft.	1,500 sq. ft.	1,500 sq. ft.
Minimum Lot Width	25 ft. for corner lots and lots with townhome end-units; and 20 ft. for interior lots	25 ft. for corner lots and 20 ft for interior lots	50 ft.	50 ft.
Minimum Lot Depth	60 ft.	60 ft.	60 ft.	60 ft.
Building Height*	35 ft.	35 ft.	35 ft.	35 ft. for 4 units, 45 ft. for 5+ units
Minimum Setbacks
Front Yard	10 ft.
Rear Yard	10 ft.
Side Yard (interior)	5 ft., except 8 ft. where dwelling has zero setback on opposite side, including end unit of townhouse dwelling units; and 10 ft. separation between buildings
Side Yard (exterior)	8 ft., except 20 ft. for garage entrance
Garage/Carport Entrances (facing street)	20 ft. minimum (corner lots and interior lots)
Lot Coverage	60% of lot area maximum
Building Orientation	The building shall be oriented parallel to the street or private accessway. Orientation on private accessway is allowed only if there is no street frontage. Practical adjustments may be made to accommodate street curvature. Primary building entrances are required to have a clear pedestrian connection to the street/sidewalk constructed of concrete, asphalt, pavers, or other hard surface. Primary entrance located on the rear building face is prohibited.
Pedestrian Access	All multifamily building entrances shall have a clear pedestrian connection to the street/sidewalk in accordance with Section 10.5.020.070(E): Pedestrian Walkways
Off-Street Parking (Bicycles and Vehicles)	See Chapter 10.7 - Parking Standards
Accessory Uses, Buildings and Structures	See Article 6.030: Accessory Development
Landscaping	See Article 6.010: Landscaping Standards
Access Management	See Article 6.050: Access Management
Minimum Density	10 units per net acre**
Maximum Density	29.04 units per gross acre**

*	Buildings greater than 35 feet in height are allowed only on lots that are located at least 100 feet from land zoned RL - Low Density Residential.
**	See TDMC 10.6.170.020 for more information regarding net acreage.

(Ord. 19-1373; Ord. 21-1384; Ord. 23-1395; Ord. 23-1400)

§ 10.5.020.070 Design Standards.

All Residential Development. All one- and two-dwelling units located on a single tax lot shall utilize 6 or more of the following design features to provide visual relief along the front of the residence(s):

Attached garage or carport (1 per dwelling).

Roof pitch greater than 3/12 (a nominal slope of 3 feet in height for every 12 feet in width).

Commercially available siding.

Covered front porch entries with a depth of at least 6 feet and a width of at least 12 feet.

Recessed front entries.

Eaves, minimum 12-inch projection.

Bay or bow windows.

Exterior window sills.

Gables in addition to the primary roof pitch.

10.

Other features subject to the approval of the Director.

Manufactured Dwellings. In addition to the above requirements for one- and two-family development, manufactured dwellings located on individual lots are subject to all of the provisions of Article 6.120: Manufactured Dwellings. Where a design feature from subsection A above is the same as a requirement from Article 6.120: Manufactured Dwellings, the overlapping requirements may count as one, and satisfy the requirements of both Articles.

Exterior Elevations—All Development Except One- and Two-Family. Exterior elevations of buildings shall incorporate architectural design features such as offsets, balconies, base/wall/cornice design, projections, windows, entries, bays, seating, porches, wall articulation, or similar elements to preclude large expanses of uninterrupted building surfaces.

Horizontal. At least 3 design features shall be incorporated along the horizontal face (side to side) of the structure at a minimum of every 40 feet.

Vertical. At least 2 architectural design features shall be incorporated along the vertical face (top to bottom).

Pedestrian Walkways. Each multifamily development shall include paved pedestrian walkway(s) not less than 5 feet in width and designed to connect buildings and other accessible site facilities clearly and directly to adjacent public street/sidewalk(s). Walkways shall meet City standards for sidewalk construction, and be the shortest practical distance between the main entry(ies) and the public rights-of-way. If adjacent to parking where vehicles overhang the walkway, then the walkway shall be to the City standard plus 2 ½ feet in width for each side vehicles' overhang. Walkways shall be distinguished from internal driveways and accessways using at-grade distinctive paving materials or other appropriate surfaces which contrast visually with adjoining surfaces. [Note: Walkways, including driveway and accessway crossings, must also meet the requirements of the Oregon Americans With Disabilities Act, the State of Oregon Structural Specialty Code, and the Oregon Revised Statutes.]

Multiple Buildings and Detached Dwellings (3+) on One Lot—Separation Between Buildings, Three or More Detached Dwellings Per Lot, Parking Areas, Walks, and Drives. To provide privacy, light, air, and access to the dwellings within the development, the following minimum standards shall apply:

Buildings with windowed walls facing buildings with windowed walls: 10 feet separation.

Buildings with windowed walls facing buildings with a blank wall: 10 feet separation.

Buildings with opposing blank walls: 10 feet separation.

Building separation shall also apply to building projections such as balconies, bay windows, and room projections.

Buildings with courtyards shall maintain separation of opposing walls as listed in paragraphs 1 through 4 above for walls in separate buildings.

Wall separation shall be increased at a rate of 1 foot for each 15 feet of building length over 60 feet, and 2 feet for each 5 feet of building height over 30 feet.

Driveways, parking lots, and common or public walkways shall maintain the following separation for dwelling units within 8 feet of the ground level:

Driveways and parking lots shall be separated from windowed walls by at least 8 feet; walkways running parallel to the face of the buildings shall be separated by at least 5 feet.

Driveways and uncovered parking spaces shall be separated from doorways by at least 5 feet.

All one and two (duplex) dwelling units located on a single tax lot shall have at least 1 front entry that is parallel to the street on the ground level included in the front building line. Attached duplexes may have a side entry that does not face the street. The front entries of each detached duplex unit must face the street unless 1 dwelling has more than 50% of its street-facing façade separated from the street property line by the other dwelling. Entries for all one-family and duplex dwellings shall be connected by hard surface to the right-of-way.

(Ord. 19-1373; Ord. 21-1384)

§ 10.5.020.080 Open Area.

Open area requirements shall apply to all development with 5 or more dwelling units per lot.

A minimum of 30% of the net lot area shall be developed as permanent open area. The minimum open area shall be landscaped and permanently maintained per the provisions of Article 6.010: Landscaping Standards. Decorative design elements such as fountains, pools, benches, sculptures, planters, and similar elements may be placed within the open area. These provisions shall apply to all new projects and to additions or remodels of existing structures that create new dwelling units. The following apply to the required open area:

Balconies and Patios. Private open space designed for the exclusive use of individual dwelling units such as patio areas and balconies of at least 48 square feet with a minimum dimension of 6 feet may be given an open space credit of 2 square feet for each 1 square foot provided, not to exceed a total of 150 square feet of total open space credit for any 1 dwelling.

Entrances. Balconies required for entrances or exits shall not be considered as open space except where such exits or entrances are for the sole use of the unit.

Driveways and Parking Areas. Driveways and parking areas shall not be included as open space.

(Ord. 19-1373; Ord. 21-1384; Ord. 23-1395)

§ 10.5.020.090 Exceptions to Standards. [1]

Lot Size. In planned development and subdivision development, the lot size, width, and depth requirements may vary from the development standards listed in this Article, provided the proposed development conforms with this and other City ordinances.

Density Calculations. Permitted accessory dwellings and duplexes shall not be counted in density calculations for proposed development.

Setbacks.

Setback Averaging. (Note: Does not apply to mobile home parks). The front yard setback and the garage/carport entrance setback may be reduced to the average of the respective setbacks of the abutting lots.

Garage and Carport Setbacks on Alleys. Rear yard setbacks for garage/carports and accessory dwelling units on alleys may be waived per the following:

Garage/carports opening onto alleys with established 20-foot rights-of-way may be set back zero feet from the right-of-way.

Garage/carports opening onto alleys with less than a 20-foot right-of-way shall be set back to a minimum building line located 10 feet from the center of the alley right-of-way.

Setbacks for Steeply Sloping Lots. The following exceptions apply to lots which slope up or down from the street with an average slope of 20% or greater:

The front yard setback for the dwelling may be reduced to 10 feet; however, the height limitations of paragraph (D)(3) below shall apply.

The front setback for the garage wall and/or garage/carport entrance may be reduced to 5 feet; however, the height limitations of paragraph (D)(3) below shall apply.

Height Limits for Steeply Sloping Lots.

Downhill Slope from Street. On lots that slope downhill from the street with an average slope of 20% or greater, the height limit is the higher of 23 feet above the average grade of the street or the allowed limit. In addition, the alternative height and setback standards of paragraph 3 below may be applied.

Uphill Slope from Street. On lots that slope uphill from the street with an average slope of 20% or greater, the alternative height and setback standards of paragraph 3 below may be applied.

Height Limit in Reduced Setback Area. The height limit in the area of the reduced setback is lowered 1 foot for every foot of reduced setback.

Building Orientation.

Planned Development and Subdivisions. Planned development and subdivision development greater than 10 lots, and where the developer builds or sites the dwellings, may be exempt from the building orientation requirement.

Steeply Sloping Lots. Buildings built uphill or downhill from garages/carports on lots with a slope of 20% or greater may be exempt from the building orientation requirements, provided that the garage/carport entrance meets the orientation requirement of the development standards.

Except where buildings abut or share a common wall, when the owner of a lot or parcel proposes to locate a building with an interior yard of less than the required setback from the adjacent property line, the owner must secure and record in the office of Wasco County Clerk a maintenance access easement from the neighboring property owner adjacent to that side of the building. The easement shall provide access on the entire length of the proposed building and 5 feet beyond both ends. The easement requires a minimum of 10-foot separation between 2 houses on separate lots, a minimum of 8-foot separation between a house and a detached accessory building on separate lots, or a minimum of 6-foot separation between 2 detached accessory buildings on separate lots. The easement shall be on a form approved by the City, and be subject to payment of a fee established by City Council resolution. Applicant is responsible for recording and fees associated with recording. Applicant shall supply the City with a copy of the recorded easement.

(Ord. 21-1384; Ord. 24-1405)

[1]

See Article 6.070: Measurements for information on how to measure average slope, average grade, and calculate height limits and setback averaging.

§ 10.5.030.010 Purpose.

This district implements the RM - Medium Density Residential Comprehensive Plan designation. The RM district is intended to provide medium density areas for the full range of residential dwelling types listed in this Article. Adequate urban services shall be available to all development without exception.

(Ord. 23-1395)

§ 10.5.030.020 Permitted Uses.

Primary Uses Permitted Outright.

Residential use types:

Single-family.[1]

[1]

All forms of attached single-family housing subject to the provisions of Article 3.030: Site Plan Review.

Multifamily.[2]

[2]

Subject to the provisions of Article 3.030: Site Plan Review.

Manufactured dwelling park.[3]

[3]

Subject to the provisions of Chapter 10.11 – Manufactured Dwelling Parks.

Cottage cluster development.

Residential building types:

Single-family detached subject to ministerial review (Article 3.020).

Single-family detached (zero lot line) subject to ministerial review (Article 3.020).

Duplex and single-family attached (zero lot line, 2 units) subject to ministerial review (Article 3.020).

Single-family attached (townhouses) subject to site plan review.

Multifamily dwelling subject to site plan review (Article 3.030).

Cottage cluster dwelling subject to site plan review (Article 3.030).

Civic use types, subject to the provisions of Article 3.030: Site Plan Review: public parks and open space (excluding spectator and participant sports facilities, which shall always be processed as community facilities sites per Section 10.5.030.030: Conditional Uses).

Care facility use types:

Child care center, as defined in Chapter 10.2 - Definitions.

Residential care home, as defined in Chapter 10.2 - Definitions.

Residential care facility, as defined in Chapter 10.2 - Definitions, subject to the provisions of Article 3.030: Site Plan Review.

Other use types:

Wireless communication facilities, subject to the provisions of Article 6.140: Wireless Communication Equipment.

Other uses determined by the Director to be similar to the above uses.

Accessory Uses Permitted Outright.

Accessory dwelling units, subject to the provisions of Article 6.030: Accessory Development.

Accessory structures customarily incidental to the primary use, subject to the provisions of Article 6.030: Accessory Development.

Bed and breakfast and vacation rentals, subject to the provisions of Article 6.040: Bed and Breakfast and Vacation Rentals.

Family day care, as defined in Chapter 10.2 - Definitions.

Home business, subject to the provisions of Article 6.020: Home Businesses.

(Ord. 19-1373; Ord. 21-1384; Ord. 23-1400)

§ 10.5.030.030 Conditional Uses.

Community facilities, subject to the provisions of Article 5.100: Community Facilities Overlay District.

Mortuaries, funeral homes, interring, and cemeteries, excluding crematoria.

Parking areas, subject to the provisions of Chapter 10.7 - Parking Standards.

Planned development (may mix residential and commercial uses) subject to the provisions of Article 9.050: Planned Development.

Wireless communication facilities, subject to the provisions of Article 6.140: Wireless Communication Equipment.

Adult Business. An application for an adult business shall also comply with the following criteria:

A public school.

A public library.

A public park or recreational facility, which has facilities such as a playground, swimming pool, baseball field, football field, soccer field, tennis court, basketball court, or volleyball court.

§ 10.5.030.040 Prohibited Uses.

Except as provided herein, the production, processing, wholesaling, and retailing of recreational and medical marijuana are prohibited uses in all RM - Residential Medium Density districts. Marijuana shall not be grown on any residentially zoned property except as follows: a homegrown recreational marijuana grow site or a personal medical marijuana grow site; provided that:

(Ord. 17-1356)

§ 10.5.030.060 Development Standards.

RM Medium Density Residential	Standard
RM Medium Density Residential	Single-Family Attached, Row Houses, or Townhomes (3 or ore units)	One and Two Dwelling Units per Lot (Single-Family Detached and Duplex)	Three Dwelling Units per Lot	Four or More Dwelling Units per Lot
Minimum Lot Area	2,000 sq. ft.	4,000 sq. ft.	2,000 sq. ft.	2,000 sq. ft.
Minimum Lot Width	25 ft. for corner lots and lots with townhome end-units; and 20 ft. for interior lots	25 ft. for corner lots and 20 ft. for interior lots	50 ft.	50 ft.
Minimum Lot Depth	65 ft.	65 ft.	65 ft.	65 ft.
Building Height*	35 ft.	35 ft.	35 ft.	35 ft. for 4 units, 45 ft. for 5 or more units
Minimum Setbacks
Front Yard	10 ft., except 20 ft. for garage entrance
Rear Yard	10 ft.
Side Yard (interior)	5 ft. minimum, except where dwelling has a zero setback on opposite side, including end unit of townhome dwelling units, and 10 ft. separation between dwelling units.
Side Yard (exterior)	8 ft., except 20 ft. for garage entrance
Lot Coverage	60% of lot area
Building Orientation	The building shall be oriented parallel to the street or private accessway. Orientation on private accessway is allowed only if there is no street frontage. Practical adjustments may be made to accommodate street curvature. Primary building entrances are required to have a clear pedestrian connection to the street/sidewalk constructed of concrete, asphalt, pavers, or other hard surface. Primary entrance located on the rear building face is prohibited.
Pedestrian Access	All multifamily building entrances shall have a clear pedestrian connection to the street/sidewalk in accordance with Section 10.5.030.070(D): Pedestrian Walkways
Off-Street Parking (Bicycles and Vehicles)	See Chapter 10.7 - Parking Standards
Accessory Uses, Buildings and Structures	See Article 6.030: Accessory Development
Landscaping	See Article 6.010: Landscaping Standards
Access Management	See Article 6.050: Access Management
Minimum Density	7 units per net acre**
Maximum Density	21.78 units per gross acre**

*	Buildings greater than 35 feet in height are allowed only on lots that are located at least 100 feet from land zoned RL - Low Density Residential.
**	See TDMC Section 10.6.170.020 for more information regarding net acreage.

(Ord. 19-1373; Ord. 21-1384; Ord. 23-1395; Ord. 23-1400)

§ 10.5.030.070 Design Standards.

These design standards do not apply to manufactured dwelling parks, which are instead subject to the provisions of Chapter 10.11 - Manufactured Dwelling Parks. All other development shall be subject to the following:

Single-Family and Two-Dwelling Development. All one- and two-dwelling units located on a single tax lot shall utilize 6 or more of the following design features to provide visual relief along the front of the residence(s):

Attached garage or carport (one per dwelling).

Roof pitch greater than 3/12 (a nominal slope of 3 feet in height for every 12 feet in width).

Commercially available siding.

Covered front porch entries.

Recessed front entries.

Eaves, minimum 12-inch projection.

Bay or bow windows.

Exterior window sills.

Gables in addition to the primary roof pitch.

10.

Other features subject to the approval of the Director.

Manufactured Dwellings. Manufactured dwellings located on individual lots are subject to all of the provisions of Article 6.120: Manufactured Dwellings.

Exterior Elevations—All Development Except One- and Two-Family. Exterior elevations of buildings shall incorporate architectural design features such a as offsets, balconies, projections, windows, base/wall/cornice design, entries, bays, seating, porches, wall articulation, or similar elements to preclude large expanses of uninterrupted building surfaces.

Horizontal. At least 2 architectural design features shall be incorporated along the horizontal face (side to side).

Vertical. At least 2 architectural design features shall be incorporated along the vertical face (top to bottom).

Pedestrian Walkways. Each multifamily development shall include paved pedestrian walkway(s) not less than 5 feet in width designed to connect buildings and other accessible site facilities clearly and directly to adjacent public street/sidewalk(s). Walkways shall meet City standards for sidewalk construction, and be the shortest practical distance between the main entry(ies) and the public rights-of-way. If adjacent to parking where vehicles overhang the walkway, then the walkway shall be to the City standard plus 2½ feet in width for each side vehicles' overhang. Walkways shall be distinguished from internal driveways and accessways using at-grade distinctive paving materials or other appropriate surfaces which contrast visually with adjoining surfaces. [Note: Walkways, including driveway and accessway crossings, shall be constructed and maintained for pedestrian safety, and shall meet the requirements of the Oregon Americans with Disabilities Act, the State of Oregon Structural Specialty Code, and the Oregon Revised Statutes.]

Multiple Buildings and Detached Dwellings (3+) on One Lot—Separation Between Dwelling Units, Three or More Detached Dwellings Per Lot, Parking Areas, Walks, and Drives. To provide privacy, light, air, and access to the dwellings within the development, the following minimum standards shall apply:

Dwelling units with windowed walls facing buildings with windowed walls: 10 feet of separation.

Dwelling units with windowed walls facing buildings with a blank wall: 10 feet of separation.

Dwelling units with opposing blank walls: 10 feet of separation.

Dwelling units separation shall also apply to building projections such as balconies, bay windows, and room projections.

Dwelling units with courtyards shall maintain separation of opposing walls as listed in paragraphs 1 through 4 above for walls in separate buildings.

Where buildings exceed a horizontal dimension of 60 feet or a vertical dimension of 30 feet, the minimum wall separation shall be increased. Wall separation shall be increased at a rate of 1 foot for each 15 feet of building length over 60 feet, and 2 feet for each 10 feet of building height over 30 feet.

Driveways, parking lots, and common or public walkways shall maintain the following separation for dwelling units within 8 feet of the ground level:

Driveways and parking lots shall be separated from windowed walls by at least 8 feet; walkways running parallel to the face of the buildings shall be separated by at least 5 feet.

Driveways and parking lots shall be separated from living room windows by at least 10 feet; walkways running parallel to the face of the buildings shall be separated by at least 7 feet.

Driveways and uncovered parking spaces shall be separated from doorways by at least 5 feet.

(Ord. 19-1373; Ord. 21-1384; Ord. 23-1400; Ord. 24-1405)

§ 10.5.030.080 Open Area.

Open area requirements shall apply to all development with 5 or more dwelling units per lot.

A minimum of 30% of the net lot area shall be developed as permanent open space. The minimum open area shall be landscaped and permanently maintained per the provisions of Article 6.010: Landscaping Standards. Decorative design elements such as fountains, pools, benches, sculptures, planters, and similar elements may be placed within the open area. These provisions shall apply to all new projects and to additions or remodels of existing structures that create new dwelling units. The following apply to the required open area:

Entrances. Balconies required for entrances or exits shall not be considered as open space except where such exits or entrances are for the sole use of the unit.

Driveways and Parking Areas. Driveways and parking areas shall not be included as open space.

(Ord. 19-1373; Ord. 21-1384; Ord. 23-1395)

§ 10.5.030.090 Exceptions to Standards. [1]

Lot Size. In planned developments and subdivision development, the lot size, width, and depth may vary from the standards listed in this Article, provided the proposed development conforms with this and other City ordinances.

Density Calculations. Permitted accessory dwellings and duplexes shall not be counted in density calculations for proposed development.

Setbacks.

Setback Averaging. (Note: does not apply to mobile home parks). The front yard setback and the garage/carport entrance setback may be reduced to the average of the respective setbacks of the abutting lots.

Garage and Carport Setbacks on Alleys. Rear yard setbacks for garage/carports and accessory dwelling units on alleys may be waived per the following:

Garage/carports opening onto alleys with established 20-foot rights-of-way may be set back zero feet from the right-of-way.

Garage/carports opening onto alleys with less than a 20-foot rights-of-way shall be set back to a minimum building line located 10 feet from the center of the alley right-of-way.

Setbacks for Steeply Sloping Lots. The following exceptions apply to lots which slope up or down from the street with an average slope of 20% or greater:

The front yard setback for the dwelling may be reduced to 10 feet; however, the height limitations of paragraph (D)(3) below shall apply.

The front setback for the garage wall and/or garage/carport entrance may be reduced to 5 feet; however, the height limitations of paragraph (D)(3) below shall apply.

Height Limits for Steeply Sloping Lots.

Uphill Slope from Street. On lots that slope uphill from the street with an average slope of 20% or greater, the alternative height and setback standards of paragraph 3 below may be applied.

Height Limit in Reduced Setback Area. The height limit in the area of the reduced setback is lowered 1 foot for every foot of reduced setback.Error! No text of specified style in document.

Building Orientation.

Planned Development, Subdivisions, Mobile Home Parks. Planned development, subdivisions and mobile home parks may be exempt from the building orientation requirement.

Except where buildings abut or share a common wall, when the owner of a lot or parcel proposes to locate a building with an interior yard of less than the required setback from the adjacent property line, the owner must secure and record in the office of Wasco County Clerk a maintenance access easement from the neighboring property owner adjacent to that side of the building. The easement shall provide access on the entire length of the proposed building and 5 feet beyond both ends. The easement requires a minimum of 10-foot separation between 2 houses on separate lots, a minimum of 8-foot separation between a house and a detached accessory building on separate lots, or a minimum of 6-foot separation between 2 detached accessory buildings on separate lots. The easement shall be on a form approved by the City, and be subject to payment of a fee established by City Council resolution. Applicant is responsible for recording and fees associated with recording. Applicant shall supply the City with a copy of the recorded easement.

(Ord. 21-1384; Ord. 24-1405)

[1]

See Article 6.070: Measurements for information on how to measure average slope, average grade, and calculate height limits.

§ 10.5.040.010 Purpose.

The purpose of the NC - Neighborhood Center Overlay zone is to provide areas throughout the City where a mix of certain commercial, residential, civic and light manufacturing uses are permitted, either within a single building or on a single tax lot. Neighborhood Centers are intended to create transportation efficient, pedestrian oriented locations for small businesses and neighborhood based services in residential sections of the City. This overlay zone shall be applied to underlying residential zones.

§ 10.5.040.020 Permitted Uses.

Primary Uses Permitted Outright.

Residential use types:

Single-family.[1]

[1]

All forms of attached single-family housing subject to the provisions of Article 3.030: Site Plan Review.

Multifamily.[2]

[2]

Subject to the provisions of Article 3.030: Site Plan Review.

Residential building types:

Single-family detached (excluding mobile homes).

Single-family detached (zero lot line).

Duplex and single-family attached (zero lot line, 2 units).

Attached town houses (zero lot line, 3-8 unit clusters).

Multifamily dwelling.

Commercial use types, subject to the provisions of Article 3.030: Site Plan Review:

Child care center, as defined in Chapter 10.2 - Definitions.

Financial institutions (excluding drive-through windows).

Food services (including restaurants which may or may not serve alcoholic beverages, cafeterias, bakeries, catering, and take-out operations, excluding drive-through windows).

Indoor commercial amusements including bowling alleys with no more than 12 lanes, billiard halls with no more than 6 tables, and game rooms with no more than 20 mechanical or electrical games, or any combination thereof.

Indoor pet stores.

Indoor small animal veterinary.

Laundromats and dry cleaners.

Light manufacture, assembly, or packaging (generates no nuisance conditions, conducted entirely within the building).

Markets and grocery stores (20,000 square foot maximum).

Medical and dental offices, clinics, and laboratories.

Personal care services such as barber shops and salons.

Professional and administrative offices.

Public and private parking lots and parking structures, subject to the provisions of Chapter 10.7 - Parking Standards.

Repair services (excluding automobile repair).

Residential care facility, as defined in Chapter 10.2 - Definitions.

Wireless communication facilities, subject to the provisions of Article 6.140: Wireless Communication Equipment.

Other uses determined by the Director to be similar to the above uses.

Civic use types, subject to the provisions of Article 3.030: Site Plan Review:

Public parks and open space (excluding spectator and participant sports facilities, which shall be processed as community facilities sites per Section 10.5.040.030 Conditional Uses below).

Other use types:

Wireless communication facilities, subject to the provisions of Article 6.140: Wireless Communication Equipment.

Residential care home, as defined in Chapter 10.2 - Definitions.

Accessory Uses Permitted Outright.

Accessory dwelling units, subject to the provisions of Article 6.030: Accessory Development. Must be accessory to a permitted single-family residential use.

Accessory uses and structures, not otherwise prohibited, and customarily incidental to the primary use subject to the provisions of Article 6.030: Accessory Development.

Bed and breakfast and vacation rentals, subject to the provisions of Article 6.040: Bed and Breakfast and Vacation Rentals. Must be accessory to a permitted single-family residential use.

Bus shelters, bike racks, street furniture, drinking fountains, and other pedestrian and transit amenities.

Family day care, as defined in Chapter 10.2 - Definitions.

Home business, subject to the provisions of Article 6.020: Home Businesses. Must be accessory to a permitted residential use.

(Ord. 19-1373; Ord. 23-1395)

§ 10.5.040.030 Conditional Uses.

The following conditional uses are allowed subject to review and approval, per the appropriate provisions of either Article 3.050: Conditional Use Permits or Article 3.060: Administrative Conditional Use Permits.

Automobile service stations, including repair services.

Bars, taverns and cocktail lounges, with OLCC IV or IV-A Minor posting, where all operations (except off-street parking and loading) are conducted within completely enclosed buildings and not located closer than 100 feet to a residential district, or 500 feet to a school.

Community facilities, subject to the provisions of Article 5.100: Community Facilities Overlay District.

Mortuaries and funeral homes (excluding crematoria).

Planned development, subject to the provisions of Article 9.050: Planned Development.

Retail uses.

Small indoor theaters (seating up to 300), excluding multiplex cinemas.

Wireless communication facilities, subject to the provisions of Article 6.140: Wireless Communication Equipment.

Adult Business. An application for an adult business shall also comply with the following criteria:

A public school.

A public library.

A public park or recreational facility, which has facilities such as a playground, swimming pool, baseball field, football field, soccer field, tennis court, basketball court, or volleyball court.

§ 10.5.040.040 Prohibited Uses.

Except as provided herein, the production, processing, wholesaling, and retailing of recreational and medical marijuana are prohibited uses in all NC – Neighborhood Center Overlay zones. Marijuana shall not be grown on any residentially zoned property except as follows: a homegrown recreational marijuana grow site or a personal medical marijuana grow site; provided that:

(Ord. 17-1356)

§ 10.5.040.050 Development Standards.

NC Neighborhood Commercial	Standard
NC Neighborhood Commercial	Commercial Only	Residential Only	Mixed Commercial/Residential
Minimum Lot Area	None	4,000 sq. ft. OR 2,500 sq. ft. per lot for townhouse clusters (3-8 units)	4,000 sq. ft.
Minimum Site Area per Dwelling Unit	N/A	2,500 sq. ft.	2,000 sq. ft.
Minimum Lot Width	None	40 ft. OR 25 ft. per lot for townhouse clusters (3-8 units)	40 ft. OR 25 ft. per lot for small lot and townhouse clusters (3-8 units)
Minimum Lot Depth	None	60 ft.	60 ft.
Front Yard Setback	No minimum. 5 ft. maximum, except 15 ft. maximum where outdoor seating for food service or a permanent open area is provided	10 ft. minimum	5 ft. minimum, 10 ft. maximum if residential on ground floor. Otherwise no minimum and 5 ft. maximum, except 15 ft. maximum where outdoor seating for food service or a permanent open area is provided
Rear Yard Setback	None, except 15 ft. where shares lot line with property zoned residential	10 ft. minimum	10 ft. minimum, except 15 ft. where shares lot line with property zoned residential
Side Yard Setbacks	None, except 8 ft. from right-of-way line for exterior side yard, and 10 ft. where shares lot line with property zoned residential	5 ft. minimum, 0 ft. for zero lot lines, 8 ft. for exterior side yard	5 ft. minimum, except 0 ft. for zero lot lines, 8 ft. from right-of-way line for exterior side yard, and 10 ft. where shares lot line with property zoned residential
Building Height	32 ft. maximum	32 ft. max.	35 ft. maximum
Lot Coverage (area occupied by buildings, parking, and automobile circulation)	No maximum	65% of lot area maximum	No lot area maximum
Minimum Density	N/A	Not more than 4,000 net sq. ft. per dwelling unit	N/A
Garage/Carport Entrance (facing street)	20 ft. minimum setback (corner lots and interior lots)
Building Orientation	The front building line shall be parallel to the street or private accessway. Orientation on private access way is allowed only if there is no street frontage. Practical adjustments may be made to accommodate street curvature. The front building line shall include the front door.
Pedestrian Access	All building entrances shall have a clear pedestrian connection to the street/sidewalk in accordance with Section 10.5.040.060(C): Pedestrian Walkways
Off-Street Parking (bicycles and vehicles)	See Chapter 10.7 - Parking Standards
Landscaping	See Article 6.010: Landscaping Standards
Access Management	See Article 6.050: Access Management
Accessory Uses, Buildings and Structures	See Article 6.030: Accessory Development

(Ord. 19-1373; Ord. 23-1395)

§ 10.5.040.060 Design Standards.

Exterior Elevations. Exterior elevations of buildings shall incorporate architectural design features such as offsets, balconies, projections, windows, base/wall/cornice design, entries, bays, seating, wall articulation, traditional storefront elements, or similar elements to preclude large expanses of uninterrupted building surfaces.

Horizontal. At least 3 architectural design features shall be incorporated along the horizontal face (side to side) of the structure.

Vertical. At least 2 architectural design features shall be incorporated along the vertical face (top to bottom) of the structure.

Entries.

Commercial and Residential. Primary entries shall face a public street or designated access drives and shall be accessed from a public sidewalk in accordance with the provisions of subsection C below. Secondary entries may face parking lots or loading areas.

Residential Only. Upper story residential uses are encouraged to have shared or individual entries on the first level only. Stairways to upper floors shall be adequately lighted, protected from wind, rain, sun and snow, and not openly visible from the street.

Pedestrian Walkways. Each developed commercial, or mixed commercial/residential site shall include paved pedestrian walkway(s) designed to connect buildings and other accessible site facilities clearly and directly to adjacent public street/sidewalk(s). Walkways shall meet City standards for sidewalk construction and be the shortest practical distance between the main entry(ies) and public right-of-way. If adjacent to parking where vehicles overhang the walkway, then the walkway shall be to the City standard plus 2 ½ feet in width for each side vehicles overhang. Walkways shall be distinguished from internal driveways and access ways using at-grade distinctive paving materials or other appropriate surfaces which contrast visually with adjoining surfaces. [Note: Though not requirements of Title 10, the requirements of the Oregon Americans with Disabilities Act, the State of Oregon Structural Specialty Code, and the Oregon Revised Statutes apply to walkways, including driveway and accessway crossings.]

Buildings with windowed walls facing buildings with windowed walls: 15 feet separation.

Buildings with windowed walls facing buildings with a blank wall, and buildings with opposing blank walls: 10 feet separation.

Building separation shall also apply to building projections such as balconies, bay windows, and room projections.

Buildings with courtyards shall maintain separation of opposing walls as listed in paragraphs 1 through 3 above for walls in separate buildings.

Driveways, parking lots, and common or public walkways shall maintain the following separation for dwelling units within 8 feet of the ground level:

Driveways and parking lots shall be separated from windowed walls by at least 8 feet; walkways running parallel to the face of the buildings shall be separated by at least 5 feet.

Driveways and uncovered parking spaces shall be separated from doorways by at least 5 feet.

(Ord. 19-1373; Ord. 21-1384)

§ 10.5.040.080 Exceptions to Standards. [1]

All Residential Development. One and- dwelling units located on a single tax lot are exempt from the design standards listed in this Article, and instead subject to the low density residential design standard requirements of Section 10.5.010.070: Design Standards.

Lot Size. In planned developments, the lot size, width, and depth requirements may vary from the standards listed in this Article, provided the proposed development conforms with this Title and other City ordinances.

Setbacks.

Setback Averaging. The front yard setback and the garage/carport entrance setback may be reduced to the average of the respective setbacks of the abutting lots.

Garage and Carport Setbacks on Alleys. Rear yard setbacks for garage/carports and accessory dwelling units on alleys may be waived per the following:

Garage/carports opening onto alleys with established 20-foot rights-of-way may be set back zero feet from the right-of-way.

Garage/carports opening onto alleys with less than a 20-foot right-of-way shall be set back to a minimum building line located 10 feet from the center of the alley right-of-way.

Setbacks for Steeply Sloping Lots. The following exceptions apply to lots which slope up or down from the street with an average slope of 20% or greater:

The front yard setback for the dwelling may be reduced to 5 feet; however, the height limitations of paragraph (D)(3) below shall apply.

The front setback for the garage wall and/or garage/carport entrance may be reduced to 5 feet; however, the height limitations of paragraph (D)(3) below shall apply.

Height Limits for Steeply Sloping Lots.

Downhill Slope from Street. On lots that slope downhill from the street with an average slope of 20% or greater, the height limit is the higher of 23 feet above the average grade of the street or the 30-foot height limit. In addition, the alternative height and setback standards of paragraph 3 below shall apply.

Uphill Slope from Street. On lots that slope uphill from the street with an average slope of 20% or greater, the alternative height and setback standards of paragraph 3 below shall apply.

Height Limit in Reduced Setback Area. The height limit in the area of the reduced setback is lowered 1 foot for every foot of reduced setback.

Building Orientation—Steeply Sloping Lots. Buildings built uphill or downhill from garages/carports on lots with a slope of 20% or greater may be exempt from the building orientation requirements, provided that the garage/carport entrance meets the orientation requirement of the development standards.

Except where buildings abut or share a common wall, when the owner of a lot or parcel proposes to locate a building with an interior yard of less than the required setback from the adjacent property line, the owner must secure and record in the office of Wasco County Clerk a maintenance access easement from the neighboring property owner adjacent to that side of the building. The easement shall provide access on the entire length of the proposed building and 5 feet beyond both ends. The easement requires a minimum of 10-foot separation between 2 houses on separate lots, a minimum of 8-foot separation between a house and a detached accessory building on separate lots, or a minimum of 6-foot separation between 2 detached accessory buildings on separate lots. The easement shall be on a form approved by the City, and be subject to payment of a fee established by City Council resolution. Applicant is responsible for recording and fees associated with recording. Applicant shall supply the City with a copy of the recorded easement.

(Ord. 21-1384)

[1]

See Article 6.070: Measurements for information on how to measure average slope, average grade, and calculate height limits.

§ 10.5.050.010 Purpose.

This district implements the CBC - Central Business Commercial zone district as part of the Commercial Comprehensive Plan designation and is intended to provide an area for commercial uses, along with civic and certain residential uses, and to provide all basic services and amenities required to keep the downtown area the vital pedestrian-oriented center of the community.

§ 10.5.050.020 Sub-Districts.

For the purposes of development and redevelopment, the CBC - Central Business Commercial zone district is divided up into 3 specific sub-districts. In addition to the design standards for all development, each of the 3 sub-districts has special characteristics which require different development and design standards and review procedures. The 3 sub-districts are defined as follows:

Sub-district CBC-1. CBC-1 shall be the area of the Central Business Commercial zone district which falls within the designated national Commercial Historic District and Trevitt's Addition Historic District.

Sub-district CBC-2. CBC-2 shall be the area of the Central Business Commercial zone district bordered on the north by First Street, on the east by Jefferson Street, on the south by Fourth Street, and on the west by Liberty Street.

Sub-district CBC-3. CBC-3 shall be the area of the Central Business Commercial zone district excluding sub-districts CBC-1 and CBC-2 above.

§ 10.5.050.030 Permitted Uses.

Primary Uses.

Agricultural sales, including feed and seed and equipment but excluding heavy equipment.

Animal sales and services (pet stores, grooming, kennels, veterinary).

Automobile and equipment repair (excluding heavy equipment), sales and services, rental agencies on site only except during community events. Except for replacement of minor parts, all auto repair work shall be conducted inside a building.

Child care center, as defined in Chapter 10.2 - Definitions.

Food services (including restaurants, cafeterias, bakeries, catering, and take-out operations).

Hotels and motels.

Laundromats and dry cleaners (commercial operations only).

Liquor stores, public house, taverns, lounges and bars.

Lodges, fraternal and civic assembly.

10.

Markets and grocery stores.

11.

Medical and Dental Offices, Clinics, and Laboratories, and Medical Marijuana Dispensaries. An application for a medical marijuana dispensary shall also comply with the following criteria:

The dispensary facility must be located more than 500 feet from any R-L, R-H, or R-M Residential District, measured in a straight line from the closest edge of the property line on which the dispensary facility is located to the closest edge of the property in the R-L, R-H, or R-M Residential District.

The medical marijuana dispensary must be located more than 1,000 feet from all of the following facilities, measured in a straight line from the closest edge of the property line on which the dispensary facility is located to the closest edge of the property on which the other facility is located:

A public or private elementary, secondary or career school attended primarily by minors.

ii.

A public library.

iii.

A public park or recreational facility, which has facilities such as a playground, swimming pool, baseball field, football field, soccer field, tennis court, basketball court, or volleyball court.

The dispensary facility must be located in a building and may not be located in an intermodal cargo container, motor vehicle, recreational vehicle or residential trailer. Outdoor storage of merchandise, raw materials, or other material associated with the dispensary facility is prohibited.

The dispensary facility shall not have a drive-up use.

The dispensary facility shall provide for secure disposal of marijuana remnants or byproducts; such remnants or by-products shall not be placed in the dispensary facility's exterior refuse containers.

The dispensary facility shall be registered with the Oregon Health Authority under the State of Oregon's medical marijuana facility registration system under ORS 475.300 to 475.346, as now constituted, and meet the requirements of OAR Chapter 333 Division 8 Medical Marijuana Facilities.

The hours of operation for the dispensary facility shall be no earlier than 10:00 a.m. and no later than 6:00 p.m.

12.

Mortuaries and funeral homes.

13.

Personal care services such as barber shops and salons.

14.

Printing and publishing.

15.

Professional and administrative offices and services.

16.

Public and private parking lots and structures, see also the provisions of Chapter 10.7 - Parking Standards.

17.

Public parks and open space (excluding spectator and participant sports facilities, which shall be processed as community facilities sites per the provisions Section 10.5.050.040: Conditional Uses below).

18.

Recreation facilities (commercial - indoor), including health and athletic clubs, bowling alleys, theaters (more than two screens are a multi-plex cinema and are processed as a conditional use), and game rooms.

19.

Residential uses as follows:

Sub-districts 1 and 3:

All existing dwellings built prior to the adoption of this Title.

ii.

Duplex and single-family attached.

iii.

Attached town houses (zero lot line, 3 to 8 unit clusters).

iv.

Multifamily dwelling.

Sub-district 2: All dwellings, as defined by this Title, so long as the ground floor is a permitted commercial use.

20.

Residential care facility, as defined in Chapter 10.2 - Definitions, and subject to the limitations on residential uses specified in subsection (A)(19).

21.

Residential care home, as defined in Chapter 10.2 - Definitions, and subject to the limitations on residential uses specified in subsection (A)(19).

22.

Retail uses.

23.

Wireless communication facilities, subject to the provisions of Article 6.140: Wireless Communication Equipment.

24.

Recreational Marijuana Facilities. An application for a retail marijuana facility shall also comply with the following criteria:

The retail facility must be located more than 500 feet from any RL, RH, or RM Residential District, measured in a straight line from the closest edge of the property line on which the retail facility is located to the closest edge of the property in the RL, RH, or RM Residential District.

The retail facility must be located more than 1,000 feet from all of the following facilities, measured in a straight line from the closest edge of the property on which the other facility is located:

A public elementary or secondary school for which attendance is compulsory under ORS 339.020, or a private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a).

ii.

A public library.

iii.

A public park.

iv.

A recreational facility, which has facilities such as a playground, swimming pool, baseball field, football field, soccer field, tennis court, basketball court, or volleyball court.

Any other recreational marijuana retailer registered with the Oregon Liquor Control Commission.

The retail facility must be located in a building and may not be located in an intermodal cargo container, motor vehicle, recreational vehicle or residential trailer. Outdoor storage of merchandise, raw materials, or other material associated with the retail facility is prohibited.

The retail facility shall not have a drive-up use.

The retail facility shall provide for secure disposal of marijuana remnants or by-products; such remnants or by-products shall not be placed in the retail facility's exterior refuse containers.

The retail facility's license or authority must be in good standing with the Oregon Health Authority or Oregon Liquor Control Commission, and the retail facility must comply with all applicable laws and regulations administered by the respective State agency, including, without limitation, those rules that relate to labeling, packaging, testing, security, waste management, food handling, and training.

The hours of operation for the retail facility shall be no earlier than 10:00 a.m. and no later than 8:00 p.m.

The retail facility must use an air filtration and ventilation system which, to the greatest extent feasible, contains all marijuana-related odors within the facility rather than allowing such odors to escape outside. Sufficient measures and means of preventing odors, debris, fluids and other substances from exiting the facility must be in effect at all times.

No one under the age of 21 shall be permitted to be present in the building space occupied by a marijuana retailer, except as allowed by State law.

Marijuana and tobacco products shall not be smoked, ingested, or otherwise consumed in the building space occupied by a marijuana retailer. In addition, marijuana retailing shall not be co-located on the same lot of record or within the same building with any marijuana social club or marijuana smoking club.

A licensed retail facility may register with the Oregon Liquor Control Commission (OLCC) to engage in the same retail license activity for specified medical marijuana purposes, as allowed by the OLCC.

25.

Other uses determined by the Director to be similar to the above uses.

Accessory Uses Permitted Outright.

Accessory dwellings, per the provisions of Article 6.030: Accessory Development. Must be accessory to an allowed single-family residential use outside Sub-district CBC-2.

Accessory uses, buildings and structures, not otherwise prohibited and customarily incidental to the primary use, per the provisions of Article 6.030: Accessory Development.

Bed and breakfast and vacation rentals, subject to the provisions of Article 6.040: Bed and Breakfast and Vacation Rentals. Must be accessory to a permitted single-family residential use outside Sub-district CBC-2.

Bus shelters, bike racks, street furniture, drinking fountains, and other pedestrian and transit amenities.

Family day care, as defined in Chapter 10.2 - Definitions. Must be accessory to a permitted single-family residential use outside Sub-district CBC-2.

Home business, subject to the provisions of Article 6.020: Home Businesses. Must be accessory to a permitted residential use.

(Ord. 19-1373; Ord. 21-1384; Ord. 23-1400)

§ 10.5.050.040 Conditional Uses.

Conditional uses that have outdoor storage will screen the storage area to reduce as much as possible views from other properties. The following conditional uses are allowed subject to review and approval, per the appropriate provisions of either Article 3.050: Conditional Use Permits or Article 3.060: Administrative Conditional Use Permits:

Automotive service stations, body shops, and auto painting, on site only.

Automatic teller machines.

Conference, visitor, and convention centers.

Community facilities, subject to the provisions of Article 5.100: Community Facilities Overlay District.

Contractor shops, offices, and storage areas.

Hospitals, convalescent centers, sanitariums, and similar institutions.

Light manufacture, assembly, and packaging (generates no nuisance conditions by commercial standards, conducted entirely within the building).

Machine shops.

Micro-breweries and wineries.

Planned development, subject to the provisions of Article 9.050: Planned Development.

Public and private transportation depots and terminals (passengers only).

Wireless communication facilities, subject to the provisions of Article 6.140: Wireless Communication Equipment.

Other uses determined by the Commission to be similar to the above uses.

Adult Business. An application for an adult business shall also comply with the following criteria:

A public school.

A public library.

A public park or recreational facility, which has facilities such as a playground, swimming pool, baseball field, football field, soccer field, tennis court, basketball court, or volleyball court.

§ 10.5.050.050 Prohibited Uses.

The production, processing, and wholesaling of recreational marijuana are prohibited uses in all CBC - Central Business Commercial districts.

§ 10.5.050.060 Development Standards.

CBC Central Business Commercial	Standard
CBC Central Business Commercial	Sub-district 1 Historic Districts	Sub-district 2 Downtown Core	Sub-district 3 Downtown Fringe
Setbacks
Front Yard and Corner Side Yard	0 ft. maximum, 10 ft. maximum where overlaps Sub-district 3¹	0 ft. maximum²	10 ft. maximum³
Side and Rear Yards	No minimum/maximum, except 15 ft. where shares lot line with residentially zoned property, unless there is a vertical grade change between adjacent zone districts greater than 20 feet
Lot Size, Width, Depth	No minimum/one full City block maximum provided any public rights-of-way are maintained
Building Height	55 ft. maximum, except 75 ft. maximum with a conditional use permit
Building Orientation	New buildings and major remodels of existing buildings increasing floor area by more than 30% shall be oriented primarily toward a street or designated accessway rather than a parking area
Pedestrian Access	All building entrances shall have a clear pedestrian connection to the street/sidewalk in accordance with Section 10.5.050.070(C): Pedestrian Walkways
Off-Street Parking (Bicycles and Vehicles)	See Chapter 10.7 - Parking Standards
Landscaping	See Article 6.010: Landscaping Standards
Accessory Uses, Buildings and Structures	See Article 6.030: Accessory Development
Access Management	See Article 6.050: Access Management

1	Applicant may request up to 15-foot exception where outdoor seating for food service is proposed, subject to separate quasi-judicial approval of both the Historic Landmarks Commission and the Planning Commission.
2	Applicant may request up to 15-foot exception where outdoor seating for food service is proposed, subject to quasi-judicial approval of the Planning Commission.
3	Applicant may request up to 5-foot exception where outdoor seating for food service is proposed, subject to quasi-judicial approval of the Planning Commission.

§ 10.5.050.070 Design Standards-All Development.

Exterior Elevations. Exterior elevations of buildings (except allowed one- and two-family dwellings) shall incorporate architectural design features such offsets, balconies, projections, base/wall/cornice design, windows, entries, bays, seating, wall articulation, traditional storefront elements, or similar elements to preclude large expanses of uninterrupted building surfaces.

Horizontal. At least 3 architectural design features shall be incorporated along the horizontal face (side to side) of the structure.

Vertical. At least 2 architectural design features shall be incorporated along the vertical face (top to bottom) of the structure.

Entries.

Residential Only.

Within Sub-district CBC-2, upper story residential uses shall have shared or individual entries on the first level only. No outside stairways serving upper story dwellings are allowed.

Outside Sub-district CBC-2, upper story residential uses are encouraged to have shared or individual entries on the first level only. Stairways to upper floors shall be adequately lighted, protected from wind, rain, sun and snow, and not openly visible from the street.

Pedestrian Walkways. Each developed site shall include paved pedestrian walkway(s) designed to connect buildings and other accessible site facilities clearly and directly to adjacent public street/sidewalk(s). Walkways shall meet City standards for sidewalk construction, and be the shortest practical distance between the main entry(ies) and the public right-of-way. If adjacent to parking where vehicles overhang the walkway, then the walkway shall be to the City standard plus 2 ½ feet in width for each side vehicles overhang. Walkways shall be distinguished from internal driveways and accessways using at-grade distinctive paving materials or other appropriate surfaces which contrast visually with adjoining surfaces. [Note: Walkways, including driveway and accessway crossings, must also meet the requirements of the Oregon Americans With Disabilities Act, the State of Oregon Structural Specialties Code, and the Oregon Revised Statutes.]

(Ord. 19-1373)

§ 10.5.050.080 Design Standards-Sub-Districts.

Sub-District CBC-1 (Commercial Historic District and Trevitts Addition Historic District). All proposed development and redevelopment in this Sub-district shall first require review and approval of the Historic Landmarks Commission in accordance with the procedures of Chapter 11.12 - Historic Resources.

Sub-District CBC-2 (Downtown Core). All development and redevelopment in the CBC-2 Sub-district shall comply with the following:

Building Exteriors. Building exteriors may be finished with brick (excluding concrete brick), rock, stucco, plaster, cut stone such as marble or granite, and similar materials. Wood, metal and vinyl exteriors are prohibited.

Roofs. Buildings shall have flat (as opposed to sloped) roof lines. Roof lines may include parapets.

Minimum Building Height. Buildings shall be at least 16 feet minimum height with a façade having the architectural appearance of a 2-story structure.

Sub-District CBC-3 (Downtown Fringe). All development and redevelopment in the CBC-3 Subdistrict shall choose one of the following:

May be designed in accordance with the requirements of subsection B above.

May be designed so that building exteriors, roof lines, and front entries are compatible with the surrounding development in terms of setback, height, bulk, mass, and building materials.

§ 10.5.050.090 Exceptions to Standards.

Pedestrian Access. The following permitted and conditional uses may be exempted from the requirements for pedestrian access of this Title (but may still be required to meet federal and state requirements) as follows:

Automobile sales lots, however the sales lots must still provide pedestrian walkway(s) to the sales lot from the sidewalk.

Commercial card-lock fueling stations, where there are no mini-markets on site.

Service stations where there are no mini-markets on site.

Storage facilities and warehouses.

Wireless communication facilities.

Other uses which the Director determines to have no public pedestrian access needs.

Parking.

Commercial communication equipment uses and other uses which the Director determines have no employees on site and are not open to the public, may be exempted from off-street parking requirements.

Existing lots that cannot meet dimensional standards for parking spaces can restrict the entire lot for employee only valet type parking, which do not have to meet the dimensional requirements. Employee parking only restricted lots must provide signage stating the restrictions and prohibiting parking for the general public. These lots must meet the landscaping standards in Section 10.7.030.040(B) or obtain approval for alternate landscaping plans as authorized in Section 10.7.030.040(D).

With the approval of the Director, up to 50% of the required parking spaces can be reserved for employee parking. These spaces must have signage specifying this restriction. Parking reserved for employees does not have to meet dimensional requirements and may be valet type parking so long as the parking does not obstruct fire lanes or emergency access or interfere with the use or development of adjoining properties. Employee parking may use an alley for maneuvering. Employee parking spaces do not count towards the 7-space threshold that requires landscaping as contained in Section 10.7.030.040(B). Employee parking areas are not exempt from landscaping requirements but may qualify for the alternative landscaping provisions found in Section 10.7.030.040(D).

Setbacks. The following setback exceptions may apply to allowed residential uses:

Setback Averaging. The front yard setback and the garage/carport entrance setback may be reduced to the average of the respective setbacks of the abutting lots.

Setbacks for Steeply Sloping Lots. The following exceptions apply to lots which slope up or down from the street with an average slope of 20% or greater:

The front setback for the garage wall and/or garage/carport entrance may be reduced to 5 feet; however, the height limitations of paragraph (D)(3) below shall apply.

Garage and Carport Setbacks on Alleys. Rear yard setbacks for garage/carports and accessory dwelling units on alleys may be waived per the following:

Garage/carports opening onto alleys with established 20-foot rights-of-way may be set back zero feet from the right-of-way.

Garage/carports opening onto alleys with less than a 20-foot right-of-way shall be set back to a minimum building line located 10 feet from the center of the alley right-of-way.

Height Limits for Steeply Sloping Lots.

Downhill Slope from Street. On lots that slope downhill from the street with an average slope of 20% or greater, the height limit is the higher of 23 feet above the average grade of the street or the designated height limit. In addition, the alternative height and setback standards of paragraph 3 below may be applied.

Uphill Slope from Street. On lots that slope uphill from the street with an average slope of 20% or greater, the alternative height and setback standards of paragraph 3 below may be applied.

Height Limit in Reduced Setback Area. The height limit in the area of the reduced setback is lowered one foot for every foot of reduced setback.

(Ord. 21-1384)

§ 10.5.060.010 Purpose.

This district implements the CG - General Commercial Zone District as part of the Commercial Comprehensive Plan designation, and is intended to provide areas for a wide range of retail, wholesale, and service businesses commensurate with the needs of the marketing region. New development shall be designed to promote clustering of businesses, use of common access and traffic controls, and use of cross access for vehicles, pedestrians and bicycles between contiguous sites. Safe and convenient pedestrian and bicycle circulation between the particular use and the adjoining street, sidewalk, or public right-of-way shall also be provided.

§ 10.5.060.020 Permitted Uses.

Primary Uses.

Animal sales and services (pet stores, grooming, veterinary).

Automobile repair, sales and services, including rental agencies, service stations, and detailing (excluding body shops, auto painting, and machine shops which shall be processed as conditional uses per Section 10.5.070.030: Conditional Uses of this Article). Uses are allowed only on site except during community events.

Child care center, as defined in Chapter 10.2 - Definitions.

Conference, visitor, and convention centers.

Equipment sales, service and repair, excluding heavy equipment.

Food services (including restaurants, cafeterias, bakeries, catering, and take-out operations).

Hotels and motels.

Laundromats and dry cleaners.

Light manufacture, assembly, or packaging (generates no nuisance conditions by commercial standards, conducted entirely within the building).

10.

Liquor stores, public house, taverns, lounges and bars.

11.

Lodges, fraternal and civic assembly.

12.

Medical and Dental Offices, Clinics, Laboratories, and Medical Marijuana Dispensaries. An application for a medical marijuana dispensary shall also comply with the following criteria:

A public or private elementary, secondary or career school attended primarily by minors.

ii.

A public library.

iii.

A public park or recreational facility, which has facilities such as a playground, swimming pool, baseball field, football field, soccer field, tennis court, basketball court, or volleyball court.

The dispensary facility shall not have a drive-up use.

The hours of operation for the dispensary facility shall be no earlier than 10:00 a.m. and no later than 6:00 p.m.

13.

Mortuaries and funeral homes.

14.

Personal care services such as barber shops and salons.

15.

Printing and publishing houses.

16.

Professional and administrative offices and services.

17.

Public and private parking lots and structures, subject to the provisions of Chapter 10.7 - Parking Standards.

18.

Public parks and open space (excluding spectator and participant sports facilities, which shall be processed as community facilities sites per the provisions of Section 10.5.060.030: Conditional Uses below).

19.

Recreation facilities (commercial - indoor), including health and athletic clubs, bowling alleys, skating rinks, shooting ranges, movie theaters (including multiplex cinemas), and game rooms.

20.

All dwellings, as defined by this Title, so long as the ground floor is a permitted commercial use.

21.

Recreational vehicle parks, in accordance with Chapter 10.12 - Recreational Vehicle Parks.

22.

Residential care facility, as defined in Chapter 10.2 - Definitions, and subject to the limitations on residential uses specified in subsection (A)(20).

23.

Assisted living facility, subject to the limitations on residential uses specified in subsection (A)(20).

24.

Residential care home, as defined in Chapter 10.2 - Definitions, and subject to the limitations on residential uses specified in subsection (A)(20).

25.

Retail uses, including shopping centers, markets, grocery stores, agricultural sales and service, feed and seed stores, garden centers, and landscape supplies.

26.

Wholesale uses.

27.

Wireless communication facilities, subject to the provisions of Article 6.140: Wireless Communication Equipment.

28.

Recreational Marijuana Facilities. An application for a retail marijuana facility shall also comply with the following criteria:

ii.

A public library.

iii.

A public park.

iv.

A recreational facility, which has facilities such as a playground, swimming pool, baseball field, football field, soccer field, tennis court, basketball court, or volleyball court.

Any other recreational marijuana retailer registered with the Oregon Liquor Control Commission.

The retail facility shall not have a drive-up use.

The retail facility shall provide for secure disposal of marijuana remnants or by-products; such remnants or by-products shall not be placed in the retail facility's exterior refuse containers.

The hours of operation for the retail facility shall be no earlier than 10:00 a.m. and no later than 8:00 p.m.

No one under the age of 21 shall be permitted to be present in the building space occupied by a marijuana retailer, except as allowed by State law.

29.

Shelter housing.

Established and seasonal shelters. Established and seasonal shelters shall:

Provide sleeping and restroom facilities for clients;

ii.

Comply with State Building Code standards; and

iii.

Be operated by one or more of the following:

(A)

A local government as defined in ORS 174.116;

(B)

An organization with at least two years' experience operating low-income housing programs or reasonable equivalent and is:

(1)

A local housing authority as defined in ORS 456.375,

(2)

A religious corporation as defined in ORS 65.001, or

(3)

A public benefit corporation, as defined in ORS 65.001, whose charitable purpose includes the support of homeless prevention and has been recognized as exempt from income tax under Section 501(a) of the Internal Revenue Code for at least three years prior to submitting its application for a seasonal shelter; or

(C)

A nonprofit corporation partnering with any other entity described in this subsection.

iv.

The shelter shall maintain a written operational plan that shall include the following information:

(A)

Description of purpose and scope of services of the shelter;

(B)

Bed capacity for guests;

(C)

Hours of operation, if applicable; and

(D)

Twenty-four-hour staffing and emergency contact.

Setbacks. Setbacks shall be the same as setbacks required by the zone district.

vi.

Access.

(A)

Access shall be from an arterial or collector street, or shall be from a street with sufficient width and ease of access to allow any vehicle to enter and exit without causing undue traffic problems. If the access is not from an arterial or collector street, each access shall be evaluated on a case-by-case basis to determine if access is adequate for the type of vehicles anticipated to enter into, and exit from, the site. The evaluation will include on-street parking allowances and the condition of the street.

(B)

In order to facilitate ease of entry and exit, the Planning Director may authorize a wider driveway entrance than is otherwise provided for in this Title.

(C)

Site access connections to public streets shall meet the requirements of Article 6.050: Access Management.

vii.

Screening. Except for the access roadway into the shelter, the shelter shall be screened per Section 10.6.010.050.

viii.

Bicycle parking for residents shall be installed to be consistent with Article 7.040: Bicycle Parking Design Standards, and Section 10.7.060.010: Minimum and Maximum Off-Street Parking Requirements.

Established shelters, additional requirements.

Surfacing. All areas used for vehicular and required pedestrian walkways shall be paved with asphalt, concrete or similar material, and be designed to provide for the control of runoff or surface water.

ii.

Parking requirement. There shall be a minimum of 1 parking space per every 10 beds and a maximum of 1 parking space per shelter unit. Parking areas shall meet all of the requirements of Article 7.030: General Design Standards for Surface Parking Lots.

iii.

Bicycle parking requirement. There shall be a minimum of 1 bicycle parking space per every 5 beds. Bicycle parking shall meet all the requirements of Article 7.040: Bicycle Parking Design Standards.

iv.

Landscaping. All areas not occupied by buildings, walkways, parking, streets, and shelters shall be landscaped per the provisions of Article 6.010: Landscaping Standards. A landscape plan is required prior to the City signing a building permit application. The landscaping plan shall include internal shade trees.

Shelter maintenance and storage. Each shelter shall at all times keep a neat appearance. All storage shall be contained in a building or enclosed shed. Except for the allowed vehicles, there shall be no outside storage of materials or equipment belonging to the shelter or to any of the guests.

vi.

Services incidental to established and seasonal shelter, including, but not limited to, the provision of utilities, showering or bathing facilities, laundry services, bedding, security, transportation, sustenance, low-impact recreation areas, case management and social welfare services, storage sheds or lockers, and minor repairs undertaken specifically to make suitable space available for shelter.

30.

Other uses determined by the Director to be similar to the above uses.

Accessory Uses Permitted Outright.

Accessory dwellings, per the provisions of Article 6.030: Accessory Development. Must be accessory to an existing nonconforming single-family residential use.

Accessory uses, buildings and structures, not otherwise prohibited and customarily incidental to the primary use, subject to the provisions of Article 6.030: Accessory Development.

Bed and breakfast and vacation rentals in allowed single-family residential dwellings, subject to the provisions of Article 6.040: Bed and Breakfast and Vacation Rentals.

Bus shelters, bike racks, street furniture, drinking fountains, and other pedestrian and transit amenities.

Family day care, as defined in Chapter 10.2 - Definitions. Must be accessory to an existing nonconforming single-family residential use.

Home business, subject to the provisions of Article 6.020: Home Businesses. Must be accessory to an allowed residential use.

(Ord. 19-1373; Ord. 22-1388; Ord. 23-1400)

§ 10.5.060.030 Conditional Uses.

Animal kennels.

Automobile body and painting shops.

Community facilities sites, subject to the provisions of Article 5.100: Community Facilities Overlay District.

Contractor shops, offices, and storage areas.

Heavy equipment sales and service, on site only.

Hospitals, convalescent centers, sanitariums, and similar institutions.

Machine shops.

Micro-breweries and wineries.

Planned development, subject to the provisions of Article 9.050: Planned Development.

Public and private transportation depots and terminals (passengers and freight).

Warehousing-retail only, storage, and distribution of equipment, commodities and products in an enclosed area, including mini-storage facilities.

Wireless communication facilities, subject to the provisions of Article 6.140: Wireless Communication Equipment.

Other uses determined by the Commission to be similar to the above uses.

Adult Business. An application for an adult business shall also comply with the following criteria:

A public school.

A public library.

A public park or recreational facility, which has facilities such as a playground, swimming pool, baseball field, football field, soccer field, tennis court, basketball court, or volleyball court.

§ 10.5.060.040 Prohibited Uses.

The production, processing, and wholesaling of recreational marijuana are prohibited uses in all CG - General Commercial districts.

§ 10.5.060.050 Development Standards.

CG General Commercial	Standard
Lot Size	10,000 sq. ft. minimum
Lot Width, Depth	No minimum, maximum
Setbacks
Front Yard and Side Yard	None, except 10 ft. on corner lots and 15 ft. where borders a residential district
Rear Yard Setback	5 ft. minimum, 15 ft. minimum where borders a residential district
Building Height	55 ft. maximum, except 40 ft. maximum within 100 ft. of a residential zone*
Building Orientation	New buildings shall be oriented primarily toward a street or designated accessway. Building orientation shall include an entrance.
Pedestrian Access	All building entrances shall have a clear pedestrian connection to the street/sidewalk in accordance with Section 10.5.060.060(C): Pedestrian Walkways.
Off-Street Parking (Bicycles and Vehicles)	See Chapter 10.7 - Parking Standards
Landscaping	See Article 6.010: Landscaping Standards
Accessory Uses, Buildings and Structures	See Article 6.030: Accessory Development
Access Management	See Article 6.050: Access Management

*	The 40-ft height limitation shall not apply where there is more than a 20-foot difference in elevation between the commercial lot and the residential zone district.

§ 10.5.060.060 Design Standards.

Exterior Elevations. Exterior elevations of buildings shall incorporate architectural design features such as offsets, balconies, projections, base/wall/cornice design, windows, entries, bays, seating, wall articulation, traditional storefront elements, or similar elements to preclude large expanses of uninterrupted building surfaces.

Horizontal. At least 3 architectural design features shall be incorporated along the horizontal face (side to side) of the structure.

Vertical. At least 2 architectural design features shall be incorporated along the vertical face (top to bottom) of the structure.

Entries.

Commercial and Residential. Primary entries shall face a public street or designated access drive and shall be accessed from a public sidewalk, in accordance with the provisions of subsection C below. Secondary entries may face parking lots or loading areas. Doors shall not swing into public rights-of-way.

Pedestrian Walkways. Each developed site shall include pedestrian walkway(s) designed to connect buildings and other accessible site facilities clearly and directly to adjacent public street/sidewalk(s). Walkways shall meet City standards for sidewalk construction, and be the shortest practical distance between the main entry(ies) and the public rights-of-way. If adjacent to parking where vehicles overhang the walkway, then the walkway shall be to the City standard plus 2 ½ feet in width for each side vehicles overhang. Walkways shall be distinguished form internal driveways and accessways using atgrade distinctive paving materials or other appropriate surfaces which contrast visually with adjoining surfaces. Walkways, including driveway and accessway crossings, shall be constructed and maintained for pedestrian safety, and shall meet the requirements of the Oregon Americans with Disabilities Act, the State of Oregon Structural Specialty Code, and the Oregon Revised Statutes.

§ 10.5.060.070 Exceptions To Standards.

Automobile sales lots, however the sales lots must still provide for access to the sales lot from the sidewalk.

Commercial card-lock fueling stations, where there are no mini-markets on site.

Heavy equipment sales lots.

Service stations where there are no mini-markets on site.

Storage facilities and warehouses.

Wireless communication facilities.

Other uses which the Director determines to have no public pedestrian access needs.

Parking. The following permitted and conditional uses may be exempted from the off-street parking requirements of this Title:

Wireless communication facilities.

Uses which the Director determines have no employees on site and are not open to the public.

§ 10.5.070.010 Purpose.

This district implements the CLI - Commercial/Light Industrial zone district as part of the Commercial Comprehensive Plan designation and is intended to provide an area for commercial uses and certain light industrial uses. New development shall be designed to promote clustering of businesses where appropriate, and use of common access and traffic controls. Where appropriate, safe and convenient pedestrian and bicycle circulation between the particular use and the adjoining street/sidewalk shall also be provided.

This district also accommodates business parks that provide for a mixture of commercial and light industrial uses in a campus-like setting where business activities are conducted indoors. To ensure compatibility with adjacent residential neighborhoods, business parks shall be reviewed through the planned development process set forth in Article 9.050.

§ 10.5.070.020 Permitted Uses.

Primary Uses.

Agricultural sales and service, including feed and seed stores, nurseries, greenhouses, landscape supplies, and garden centers.

Animal sales and services (pet stores, grooming, kennels, veterinary).

Automobile and heavy/light equipment repair, sales and services, including rental agencies, detailing, service stations, body shops, auto painting, and machine shops, on site only except during community events.

Child care center, as defined in Chapter 10.2 - Definitions.

Contractor shops, offices, and storage areas.

Engineering, research and development.

Food services (including restaurants, cafeterias, bakeries, catering, and take-out operations).

Hotels and motels.

Laundromats and dry cleaners, including industrial operations.

10.

Light manufacture, assembly, and packaging of goods or products which can be performed with minimal adverse impact on, and poses no special hazard to, the environment and the community.

11.

Liquor stores, taverns, lounges and bars.

12.

Manufactured home sales, including demonstration units (not to be actual dwelling units).

13.

Markets and grocery stores.

14.

Medical and Dental Offices, Clinics, Laboratories, and Medical Marijuana Dispensaries. An application for a medical marijuana dispensary shall also comply with the following criteria:

A public or private elementary, secondary or career school attended primarily by minors.

ii.

A public library.

iii.

A public park or recreational facility, which has facilities such as a playground, swimming pool, baseball field, football field, soccer field, tennis court, basketball court, or volleyball court.

The dispensary facility shall not have a drive-up use.

The hours of operation for the dispensary facility shall be no earlier than 10:00 a.m. and no later than 6:00 p.m.

15.

Personal care services such as barber shops and salons.

16.

Printing and publishing.

17.

Professional and administrative offices and services.

18.

19.

Public and private parking lots, subject to the provisions of Chapter 10.7 - Parking Standards.

20.

Public and private transportation depots and terminals, passengers and freight.

21.

Recreation facilities (commercial - indoor), including health and athletic clubs, bowling alleys, skating rinks, shooting ranges, movie theaters including multiplexes, and game rooms.

22.

Recreational vehicle parks, subject to the provisions of Chapter 10-12 - Recreational Vehicle Parks.

23.

Residential dwelling for security and maintenance personnel, limit 1 dwelling per site.

24.

Retail uses, including shopping centers.

25.

Wireless communication facilities, subject to the provisions of Article 6.140: Wireless Communication Equipment.

26.

Warehousing, storage, and distribution of equipment, commodities and products in an enclosed area, including mini-storage facilities.

27.

Wholesale uses.

28.

Recreational Marijuana Facilities. An application for a retail marijuana facility shall also comply with the following criteria:

ii.

A public library.

iii.

A public park.

iv.

A recreational facility, which has facilities such as a playground, swimming pool, baseball field, football field, soccer field, tennis court, basketball court, or volleyball court.

Any other recreational marijuana retailer registered with the Oregon Liquor Control Commission.

The retail facility shall not have a drive-up use.

The retail facility shall provide for secure disposal of marijuana remnants or by-products; such remnants or by-products shall not be placed in the retail facility's exterior refuse containers.

The retail facility's license or authority must be in good standing with the Oregon Health Authority or Oregon Liquor Control Commission, and the retail facility must comply with all applicable laws and regulations administered by the respective state agency, including, without limitation, those rules that relate to labeling, packaging, testing, security, waste management, food handling, and training.

The hours of operation for the retail facility shall be no earlier than 10:00 a.m. and no later than 8:00 p.m.

No one under the age of 21 shall be permitted to be present in the building space occupied by a marijuana retailer, except as allowed by State law.

29.

Shelter Housing.

Established and Seasonal Shelters. Established and seasonal shelters shall:

Provide sleeping and restroom facilities for clients;

ii.

Comply with State Building Code standards; and

iii.

Be operated by one or more of the following:

(A)

A local government as defined in ORS 174.116;

(B)

An organization with at least two years' experience operating low-income housing programs or reasonable equivalent and is:

(1)

A local housing authority as defined in ORS 456.375,

(2)

A religious corporation as defined in ORS 65.001, or

(3)

(C)

A nonprofit corporation partnering with any other entity described in this subsection.

iv.

The shelter shall maintain a written operational plan shall include the following information:

(A)

Description of purpose and scope of services of the shelter;

(B)

Bed capacity for guests;

(C)

Hours of operation, if applicable; and

(D)

Twenty-four-hour staffing and emergency contact.

Setbacks. Setbacks shall be the same as the setbacks required by the zone district.

vi.

Access.

(A)

(B)

In order to facilitate ease of entry and exit, the Planning Director may authorize a wider driveway entrance than is otherwise provided for in this Title.

(C)

Site access connections to public streets shall meet the requirements of Article 6.050: Access Management.

vii.

Screening. Except for the access roadway into the shelter, the shelter shall be screened per Section 10.6.010.050.

viii.

Bicycle parking for residents shall be installed to be consistent with Article 7.040: Bicycle Parking Design Standards, and Section 10.7.060.010: Minimum and Maximum Off-Street Parking Requirements.

Established Shelters, Additional Requirements.

Surfacing. All areas used for vehicular and required pedestrian walkways shall be paved with asphalt, concrete or similar material and be designed to provide for the control of runoff or surface water.

ii.

Parking Requirement. There shall be a minimum of 1 parking space per every 10 beds and a maximum of 1 parking space per shelter unit. Parking areas shall meet all of the requirements of Article 7.030: General Design Standards for Surface Parking Lots.

iii.

Bicycle Parking Requirement. There shall be a minimum of 1 bicycle parking space per every 5 beds. Bicycle parking shall meet all the requirements of Article 7.040: Bicycle Parking Design Standards.

iv.

Shelter Maintenance and Storage. Each shelter shall at all times keep a neat appearance. All storage shall be contained in a building or enclosed shed. Except for the allowed vehicles, there shall be no outside storage of materials or equipment belonging to the shelter or to any of the guests.

30.

Other uses determined by the Director to be similar to the above uses.

Accessory Uses Permitted Outright.

Accessory dwellings, per the provisions of Article 6.030: Accessory Development. Must be accessory to an existing nonconforming single-family residential use.

Accessory uses, buildings and structures, not otherwise prohibited and customarily incidental to the primary use, subject to the provisions of Article 6.030: Accessory Development.

Bed and breakfast and vacation rentals in existing nonconforming residential dwellings, subject to the provisions of Article 6.040: Bed and Breakfast and Vacation Rentals.

Bus shelters, bike racks, street furniture, drinking fountains, and other pedestrian and transit amenities.

Home business, subject to the provisions of Article 6.020: Home Businesses. Must be accessory to an existing nonconforming residential use.

(Ord. 22-1388; Ord. 23-1400; Ord. 24-1405)

§ 10.5.070.030 Conditional Uses.

Community facilities sites, subject to the provisions of Article 5.100: Community Facilities Overlay District.

The production, processing, storage, and wholesaling of recreational marijuana, subject to the following additional provisions:

Activity shall occur only in a completely enclosed building. Greenhouses are not allowed.

A building used for marijuana production, processing, storage, or wholesaling shall be equipped with a carbon filtration system for odor control.

The system shall consist of one or more fans and filters.

At a minimum, the fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the square footage of the building floor space (i.e., one CFM per square feet of building floor space).

The filter(s) shall be rated for the required CFM.

The filtration system shall be maintained in working order and shall be in use.

An alternative odor control system is permitted if the applicant submits a report by a mechanical engineer licensed in the State of Oregon demonstrating that the alternative system will control odor as well or better than the carbon filtration system otherwise required.

The marijuana production, processing, storage, or wholesaling business's state licensing or authority must be in good standing with the Oregon Health Authority or the Oregon Liquor Control Commission, and the business must comply with all applicable rules and regulations administered by the respective state agency, including, without limitation, those rules that relate to labeling, packaging, testing, security, waste management, food handling, and training.

The recreational marijuana production, processing, storage, or wholesaling business must be located more than 500 feet from a public elementary or secondary school for which attendance is compulsory under ORS 339.020, or a private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a).

Planned development, subject to the provisions of Article 9.050: Planned Development.

Wireless communication facilities, subject to the provisions of Article 6.140: Wireless Communication Equipment.

Other uses determined by the Commission to be similar to the above uses.

Adult Business. An application for an adult business shall also comply with the following criteria:

A public school.

A public library.

A public park or recreational facility, which has facilities such as a playground, swimming pool, baseball field, football field, soccer field, tennis court, basketball court, or volleyball court.

The production, processing, storage, and wholesaling of medical marijuana, including a non-personal medical marijuana grow operation, subject to the following additional provisions:

The facility must be located in a building and may not be located in an intermodal cargo container, motor vehicle, recreational vehicle or residential trailer. Outdoor storage of merchandise, raw materials, or other material associated with the production, processing, storage or wholesaling facility is prohibited. Greenhouses are not allowed.

The facility shall provide for secure disposal of marijuana remnants or by-products; such remnants or by-products shall not be placed in the facility's exterior refuse containers.

A building used for medical marijuana production, processing, storage, wholesaling or nonpersonal medical marijuana grow operation shall be equipped with a carbon filtration system for odor control.

The system shall consist of one or more fans and filters.

At a minimum, the fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the square footage of the building floor space (i.e., one CFM per square feet of building floor space).

The filter(s) shall be rated for the required CFM.

The filtration system shall be maintained in working order and shall be in use.

An alternative odor control system is permitted if the applicant submits a report by a mechanical engineer licensed in the State of Oregon demonstrating that the alternative system will control odor as well, or better than, the carbon filtration system otherwise required.

The medical marijuana production, processing, storage, wholesaling business or non-personal medical marijuana grow operation's state licensing or authority must be in good standing with all rules of the State of Oregon, including the Oregon Health Authority and the Oregon Liquor Control Commission, and the business must comply with all applicable rules and regulations administered by any state agency, including, without limitation, those rules that relate to labeling, packaging, testing, security, waste management, food handling, and training.

The medical marijuana production, processing, storage, wholesaling business, or non-personal medical marijuana grow operation must be located more than 500 feet from a public elementary or secondary school for which attendance is compulsory under ORS 339.020, or a private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a).

(Ord. 17-1356; Ord. 24-1405)

§ 10.5.070.040 Development Standards.

CLI Commercial/Light Industrial	Standard
Lot Size	10,000 sq. ft. min. or smaller for business parks approved through the planned development process.
Site Size	None, except for business parks which shall be a min. site size of 10 acres.
Setbacks
Front Yard and Side Yard	None, except 10 feet on corner lots and 15 ft. where borders residential district. Except for common wall units, buildings in business parks shall have a min. 10 ft. side yard setback; buildings and parking areas shall be landscaped and set back a min. of 10 ft. from public rights-of-way.
Rear Yard	5 ft. min.; 15 ft. min. where borders a residential district.
Building Height	55 ft. max.; except 40 ft. max. within 100 ft. of a residential zone*
Building Orientation	New buildings shall be oriented primarily toward a street or designated accessway. Building orientation shall include an entrance.
Pedestrian Access	All building entrances shall provide for a clear pedestrian connection to the street/sidewalk in accordance with Section 10.5.070.050(B): Pedestrian Walkways.
Off-Street Parking (Bicycles and Vehicles)	See Chapter 10.7 - Parking Standards
Landscaping	See Article 6.010: Landscaping Standards. Business parks shall have a minimum of 20% landscaping; required setbacks shall be landscaped.
Accessory Uses, Buildings and Structures	See Article 6.030: Accessory Development
Access Management	See Article 6.050: Access Management

*	The 40-ft height limitation shall not apply where there is more than a 20-foot difference in elevation between the commercial lot and the residential zone district.

§ 10.5.070.050 Design Standards.

Horizontal. At least 3 architectural design features shall be incorporated along the horizontal face (side to side) of the structure.

Vertical. At least 2 architectural design features shall be incorporated along the vertical face (top to bottom) of the structure.

Pedestrian Walkways. Where public sidewalks exist, or upon sidewalk development, each developed site shall include pedestrian walkway(s) designed to connect buildings and other accessible site facilities clearly and directly to adjacent public street/sidewalk(s). Walkways shall meet City standards for sidewalk construction, and be the shortest practical distance between the main entry(ies) and the public right-of-way. If adjacent to parking where vehicles overhang the walkway, then the walkway shall be to the City standard plus 2 ½ feet in width for each side vehicles overhang. Walkways shall be distinguished from internal driveways and accessways using at-grade distinctive paving materials or other appropriate surfaces which contrast visually with adjoining surfaces. Walkways, including driveway and accessway crossings, shall be constructed and maintained for pedestrian safety, and shall meet the requirements of the Oregon Americans With Disabilities Act, the State of Oregon Structural Specialties Code, and the Oregon Revised Statutes.

Entries. Primary entries shall face a public street or designated access drive and shall be accessed from a public sidewalk, in accordance with the provisions of subsection B above. Secondary entries may face parking lots or loading areas. Doors shall not swing into public rights-of-way.

Additional Business Park Design Standard. Except for parking and loading activities, all nonrecreational business park activities shall be conducted indoors; outdoor business activities, including storage of materials, shall be prohibited in business parks.

§ 10.5.070.060 Exceptions to Standards.

Automobile sales lots, however the sales lots must still provide for access to the sales lot from the sidewalk.

Commercial card-lock fueling stations where there are no mini-markets on site.

Heavy equipment sales and service.

Service stations where there are no mini-markets on site.

Storage facilities and warehouses.

Wireless communication facilities.

Other uses which the Director determines to have no public pedestrian access needs.

Parking. The following permitted and conditional uses may be exempted from the bicycle parking requirements of this Title:

Wireless communication facilities.

Uses which the Director determines have no employees on site and are not open to the public.

§ 10.5.080.010 Purpose.

This district implements the CR - Recreational Commercial Comprehensive Plan designation and is intended to provide areas for mixed business, commercial, service, recreational, and light industrial uses. Site planning for permitted uses shall ensure protection and enhancement of the significant environmental areas located along the Columbia River and related streams and creeks. Streets, sidewalks, bikeways, and water, sewer, and storm drainage systems shall be constructed or improved as needed.

(Ord. 23-1400)

§ 10.5.080.020 Permitted Uses.

Primary Uses.

Retail uses, excluding shopping centers. If over 15,000 square feet must get a conditional use permit.

Conference, visitors, and convention centers.

Hotels, motels, and campgrounds.

Light industrial (campus setting or compatible with commercial and recreational uses).

Recreational facilities.

All dwellings, as defined by this Title, so long as the ground floor is a permitted commercial use.

Restaurants.

Service and administrative offices.

Public and private parking lots and structures, in accordance with Chapter 10.7 - Parking Standards.

10.

11.

Recreational vehicle parks, subject to the provisions of Chapter 10.12 - Recreational Vehicle Parks.

12.

Wireless communication facilities, subject to the provisions of Article 6.140: Wireless Communication Equipment.

13.

Child care center, as defined in Chapter 10.2 - Definitions.

14.

Other uses determined by the Director to be similar to the above uses.

Accessory Uses Permitted Outright.

Accessory uses, buildings and structures not otherwise prohibited, customarily incidental to the primary use, subject to the provisions of Article 6.030: Accessory Development.

Residential dwelling for security and/or caretaker and maintenance personnel, limit 1 dwelling per site.

(Ord. 23-1400; Ord. 24-1405)

§ 10.5.080.030 Conditional Uses.

The following conditional uses are allowed subject to review and approval per the provisions of either Article 3.050: Conditional Use Permits or Article 3.060: Administrative Conditional Use Permits.

Community facilities, subject to the provisions of Article 5.100: Community Facilities Overlay District.

Wireless communication facilities, subject to the provisions of Article 6.140: Wireless Communication Equipment.

Other uses determined by the Director to be similar to the above uses.

Adult Business. An application for an adult business shall also comply with the following criteria:

A public school.

A public library.

A public park or recreational facility, which has facilities such as a playground, swimming pool, baseball field, football field, soccer field, tennis court, basketball court, or volleyball court.

Planned development, subject to the provisions of Article 9.050: Planned Development.

(Ord. 23-1400)

§ 10.5.080.040 Prohibited Uses.

The production, processing, wholesaling and retailing of recreational marijuana are prohibited uses in all CR - Recreational Commercial districts.

§ 10.5.080.050 Development Standards.

CR Recreational Commercial	Standard
Lot Size, Width, Depth	No minimum
Setbacks	None, except 10 ft. where fronts, sides, or rears on a public right-of-way, and all development shall be set back 30 ft. or more from the Columbia River to accommodate the Riverfront Trail and associated amenities
Building Height	40 ft. maximum
Lot Coverage	60% of lot area maximum
Pedestrian Access	All building entrances shall have a clear pedestrian connection to the street/sidewalk in accordance with Section 10.5.080.060: Pedestrian Walkways
Off-Street Parking (Bicycles and Vehicles)	See Chapter 10.7 - Parking Standards
Landscaping	See Article 6.010: Landscaping Standards
Accessory Uses, Buildings and Structures	See Article 6.030: Accessory Development
Access Management	See Article 6.050: Access Management

§ 10.5.080.060 Design Standards-Pedestrian Walkways.

Each developed site shall include pedestrian walkway(s) designed to connect buildings and other accessible site facilities clearly and directly to adjacent public street/sidewalk(s). Walkways shall meet City standards for sidewalk construction, and be the shortest practical distance between the main entry(ies) and the public right-of-way. If adjacent to parking where vehicles overhang the walkway, then the walkway shall be to the City standard plus 2½ feet in width for each side vehicles overhang. Walkways shall be distinguished form internal driveways and accessways using at-grade distinctive paving materials or other appropriate surfaces which contrast visually with adjoining surfaces. Walkways, including driveway and accessway crossings, shall be constructed and maintained for pedestrian safety, and shall meet the requirements of the Oregon Americans with Disabilities Act, the State of Oregon Structural Specialties Code, and the Oregon Revised Statutes.

§ 10.5.080.070 Exceptions to Standards.

Setbacks. River dependent uses may utilize the 30-foot setback from the Columbia River. Examples of river dependent uses include boat ramps and launches, loading docks, and barge ways.

Parking. The following permitted and conditional uses may be exempted from the off-street parking requirements of this Title as follows:

Vehicles and Bicycles.

Uses which the Director determines have no employees on site and are not open to the public.

Wireless communication facilities.

Bicycles Only.

Hotels and motels.

Campgrounds.

(Ord. 24-1405)

§ 10.5.090.010 Purpose.

This district implements the I - Industrial Comprehensive Plan Designation and is intended to establish areas which provide for a variety of commercial and industrial uses. All uses in the Industrial Zone District shall comply with federal and state health, safety, environmental, and pollution standards, and be designed to minimize conflict between industry and other land uses.

§ 10.5.090.020 Permitted Uses.

Primary Uses.

Auto body shops, auto painting, and machine shops.

Child care center, as defined in Chapter 10.2 - Definitions.

Circus or like activity (limited to 4 events per year per site).

Feed, seed and fuel stores (excluding bulk storage of petroleum or gas, which shall be processed as a conditional use per Section 10.5.090.030: Conditional Uses of this Article) located wholly within completely enclosed buildings. Packaged materials may be stored in an enclosed yard.

Food production and manufacturing.

Food services (including restaurants, cafeterias, bakeries, catering, and take-out operations).

Heavy equipment sales and service, on site only.

Laundry and cleaning service industries.

Manufacturing, fabricating, processing, repair, engineering, research and development, assembly, wholesale, transfer, distribution, and storage uses (except manufacture of explosives, the slaughter of animals, and the rendering of fats).

10.

Printing and publishing.

11.

Public and private parking lots.

12.

Public and private vehicle servicing and fueling stations.

13.

14.

Railroad yards and spurs, shipyards, and commercial docking facilities.

15.

Recreational vehicle parks, subject to the provisions of Chapter 10.12 - Recreational Vehicle Parks.

16.

Rock, sand, and gravel cleaning, crushing, processing, and assaying.

17.

Rodeo grounds.

18.

Storage and maintenance yards.

19.

Transportation facilities.

20.

Truck stop facility, including incidental community uses, such as restaurant, fuel, and shower facilities.

21.

Veterinary services, kennels, and fish hatcheries.

22.

Warehouses.

23.

Wireless communication facilities, subject to the provisions of Article 6.140: Wireless Communication Equipment.

24.

Other uses determined by the Director to be similar to the above uses.

Accessory Uses Permitted Outright.

Accessory uses, buildings and structures, not otherwise prohibited and customarily incidental to the primary use, subject to the provisions of Article 6.030: Accessory Development.

Bus shelters, bike racks, street furniture, drinking fountains, and other pedestrian and transit amenities.

Residential dwelling for security and/or caretaker and maintenance personnel, limit 1 dwelling per site.

(Ord. 23-1400; Ord. 24-1405)

§ 10.5.090.030 Conditional Uses.

Agriculture and aqua-culture, excluding livestock and poultry operations.

Bulk fuel stores (petroleum, methane, propane, and gasoline).

Collection, packaging, storage and reprocessing of recyclable materials, so long as the market area is more than 50% from the local area.

Junkyards and automotive wrecking yards enclosed within a view obscuring fence or wall.

Recreation facilities (commercial - outdoor), including golf courses and shooting ranges.

Wireless communication facilities, subject to the provisions of Article 6.140: Wireless Communication Equipment.

Other uses determined by the Director to be similar to the above uses.

Community facilities sites, subject to the provisions of Article 5.100: Community Facilities Overlay District.

The production, processing, storage, and wholesaling of recreational or medical marijuana, including a non-personal medical marijuana grow operation. An application for a marijuana production, processing, storage, wholesaling facility, or non-personal medical marijuana grow operation shall also comply with the following criteria:

The facility shall provide for secure disposal of marijuana remnants or by-products; such remnants or by-products shall not be placed in the facility's exterior refuse containers.

The production, processing, storage, or wholesaling facility or non-personal medical marijuana grow operation shall be licensed by the Oregon Liquor Control Commission or Oregon Health Authority and comply with the requirements of any applicable administrative rule adopted by the Oregon Liquor Control Commission or Oregon Health Authority.

A building used for marijuana production, processing, storage, or wholesaling or non-personal medical marijuana grow operation shall be equipped with a carbon filtration system for odor control.

The system shall consist of one or more fans and filters.

At a minimum, the fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the square footage of the building floor space (i.e., one CFM per square feet of building floor space).

The filter(s) shall be rated for the required CFM.

The filtration system shall be maintained in working order and shall be in use.

The recreational or medical marijuana production, processing, storage, wholesaling business, or non-personal medical marijuana grow operation's State licensing or authority must be in good standing with all rules of the State of Oregon, including the Oregon Health Authority and the Oregon Liquor Control Commission, and the business must comply with all applicable rules and regulations administered by any state agency, including, without limitation, those rules that relate to labeling, packaging, testing, security, waste management, food handling, and training.

(Ord. 17-1356; Ord. 23-1400)

§ 10.5.090.040 Development Standards.

I Industrial	Standard
Lot Size	10,000 sq. ft. minimum or larger as necessary to meet Goal 9 large lot requirements.
Lot Width, Depth	No minimum/maximum
Setbacks—All Yards	No minimum except as follows: (A) 25 ft. from residential zone or community facilities overlay; (B) 10 ft. from a public right-of-way; (C) 30 ft. from the Columbia River to accommodate the Riverfront Trail and associated amenities.
Building Height*	55 ft. maximum; except 40 ft. maximum within 100 ft. of a residential zone
Pedestrian Access	Building entrances may be required to have a clear pedestrian connection to the street/sidewalk in accordance with Section 10.5.090.050: Pedestrian Walkways of this Article.
Off-Street Parking	See Chapter 10.7 - Parking Standards
Landscaping	See Article 6.010: Landscaping Standards
Accessory Uses, Buildings and Structures	See Article 6.030: Accessory Development
Access Management	See Article 6.050: Access Management

*	The 40-ft height limitation shall not apply where there is more than a 20-foot difference in elevation between the commercial lot and the residential zone district.

Large Industrial Sites:

Four 20-acre sites shall be identified on a map in The Dalles Community Development Department in order to meet large site needs identified in The Dalles Economic Opportunities Analysis. The 4 sites shall be selected in cooperation and collaboration with the property owner.

Once a large industrial user purchases or develops an identified site, or any 20-acre site, the number of required sites shall be reduced accordingly.

The location of the identified 20-acre sites may be modified by the Community Development Department at any time, in collaboration with the property owner and approval by the Planning Commission.

The property owner may develop smaller lots on the property so long as a place for a large industrial site is retained on that property.

In reviewing any development plan on a property with an identified site, the Community Development Department shall work with the property owner to identify a new location on that property.

If the remainder of the property does not meet large industrial site requirements, the Community Development Department shall either identify another property that can accommodate a large site, or initiate an amendment to the Economic Opportunity Analysis and Comprehensive Plan.

§ 10.5.090.050 Pedestrian Walkways.

Applicability. Pedestrian walkways shall be provided in the I - Industrial zone district when both of the following occur:

An existing public sidewalk serves one or both sides of the street on which the use fronts.

The Oregon Americans with Disabilities Act requires an accessible connection between the use and the public right-of-way.

Walkway Standards. Where required, each developed site shall include pedestrian walkway(s) designed to connect buildings and other accessible site facilities clearly and directly to adjacent public street/sidewalk(s). Walkways shall meet City standards for sidewalk construction, and be the shortest practical distance between the main entry(ies) and the public right-of-way. If adjacent to parking where vehicles overhang the walkway, then the walkway shall be to the City standard plus 2 ½ feet in width for each side vehicles overhang. Walkways shall be distinguished from internal driveways and accessways using at-grade distinctive paving materials or other appropriate surfaces which contrast visually with adjoining surfaces. Walkways, including driveway and accessway crossings, shall be constructed and maintained for pedestrian safety, and shall meet the requirements of the Oregon Americans With Disabilities Act, the State of Oregon Structural Specialties Code, and the Oregon Revised Statutes.

§ 10.5.090.060 Exceptions to Standards.

Setbacks. River dependent uses may utilize the 30-foot setback from the Columbia River. Examples of river dependent uses include boat ramps and launches, loading docks, and barge ways.

Parking. The following permitted and conditional uses may be exempted from the off-street parking requirements of this Title as follows:

Vehicles and Bicycles.

Uses which the Director determines have no employees on site and are not open to the public.

Wireless communication facilities.

(Ord. 24-1405)

§ 10.5.090.070 Performance Standards.

Each use, activity, or operation within this district shall comply with all applicable local, state, and federal standards and shall not create a nuisance beyond the zone district boundary because of odor, vibration, noise, dust, vector control, smoke or gas. Uses shall also prevent materials and debris that could collect and cause a nuisance to be windblown or migrate off-site.

§ 10.5.100.010 Purpose.

The purpose of the CFO - Community Facilities Overlay Zone is to provide areas around the City for public facilities and quasi-public institutional uses which serve a substantial public purpose. This overlay zone shall be applied to the underlying zone.

§ 10.5.100.020 Allowed Uses.

The following uses and their accessory uses are allowed in the Community Facilities Overlay Zone:

Agricultural experimental facilities.

Animal shelters.

Churches and places of worship.

Government public facilities.

Historical landmarks.

Libraries, museums, and cultural exhibits.

Lodges, fraternal and civic assembly.

The following public recreation facilities: parks, golf courses, golf driving ranges, swimming pools, tennis courts, zoos, marinas, docks, and other facilities.

Medical care facilities.

Public safety facilities.

Public utility facilities.

Public and private schools and facilities.

Special district facilities.

Other uses determined by the Director to be similar to the above uses.

§ 10.5.100.030 Prohibited Uses.

The production, processing, wholesaling, and retailing of recreational marijuana are prohibited uses in all CFO - Community Facilities Overlay zones.

§ 10.5.100.040 Review Procedures.

Review. Community facilities shall be reviewed as conditional uses per the provisions of Article 3.050: Conditional Use Permits.

Notification. Notification of a proposed community facility application shall be sent to all property owners whose property falls within 300 feet of the proposed community facility development site.

Map Overlay. Approved community facilities sites shall be shown on the official zoning map with the CFO - Community Facilities Overlay designation so long as the use continues. When the approved use ends, the CFO designation shall no longer apply and the zoning map shall revert to the underlying zone.

§ 10.5.100.050 Development Standards.

CFO Community Facilities Overlay	Standard
Lot Size, Width, Depth	No minimum
Setbacks	No minimum; except that vision clearance on corner lots shall meet the requirements of Article 6.100: Vision Clearance
Building Height	Limited to the requirements of the underlying zone; except 40 ft. maximum within 100 ft. of a residential zone. In measuring the height of the structure adjacent to the residential zone, the provisions of Section 10.6.070.050 do not apply.
Off-Street Parking (Bicycles and Vehicles)	See Chapter 10.7 - Parking Standards
Landscaping	See Article 6.010: Landscaping Standards
Access Management	See Article 6.050: Access Management

§ 10.5.100.060 Master Plans.

General. Applications for community facilities sites shall include a master plan and narrative for the entire site. The master plan may substitute for the concept site plan required by the conditional use review process, providing that the master plan includes all items required by the concept site plan, and indicates all existing and proposed uses, buildings, structures, and all easements and rights-of-way.

Future Modifications.

Major modifications to the approved master plan which alter the scope or character of the project shall require a new application for conditional use permit.

Minor modifications to the approved master plan which do not alter the project's scope or character shall be approved, approved with conditions, or denied by the Director per the provisions of Section 10.3.020.040: Administrative Actions.

§ 10.5.110.010 Purpose.

This district implements the P/OS - Parks and Open Space Comprehensive Plan Designation and is intended to ensure sufficient open areas throughout the community to safeguard public need for visual and environmental resources and to provide areas for recreational activities. Allowed uses show lower level activity and potentially less offsite impact than uses allowed conditionally.

(Ord. 23-1400)

§ 10.5.110.020 Allowed Uses.

Public parks—Day uses only.

Playgrounds—Day uses only.

Wading pools—Day uses only.

Stream, creek, and river front greenways.

Trails for biking, walking, and/or running, within a park or greenway area.

Other uses determined by the Director to be similar to the above uses.

§ 10.5.110.030 Conditional Uses.

Ball fields.

Swimming pools.

Tennis courts.

Golf facilities.

Marinas.

Docks for recreation.

Zoos.

Other active recreational facilities for sport participating and spectators.

§ 10.5.110.040 Prohibited Uses.

The production, processing, wholesaling, and retailing of recreational marijuana are prohibited uses in all P/OS - Parks and Open Space zones.

§ 10.5.110.050 Review Procedures.

Review. Where allowed as outright permitted uses, proposals for Parks and Open Spaces shall be processed per the provisions of Article 3.030: Site Plan Review. Where allowed as conditional uses, proposals for Parks and Open Spaces shall be processed as community facilities sites, per the review procedures and development standards sections of Article 5.100: Community Facilities Overlay District.

Zoning. When approved, Parks and Open Spaces shall be designated P/OS - Parks and Open Space on the official zoning map.

§ 10.5.110.060 Development Standards.

P/OS Parks and Open Spaces	Standard
Off-Street Parking	Parks without stadium or large structures for seating do not have to provide off-street parking, otherwise, use parking standards in Section 10.7.060.010
Building Height Minimum Setbacks Front Yard Other Yards	Use standards for RL zone in Section 10.5.010.050

§ 10.5.120.010 Purpose.

The City of The Dalles is a part owner of the Columbia Regional Airport, located in Klickitat County, Washington. The airport is a valuable asset to the City and the citizens and businesses of Wasco and Klickitat Counties. The topography of the region restricts approaches to the airport, and the City desires to protect those approaches as much as possible. When the approaches use airspace over the areas within the zoning jurisdiction of the City of The Dalles, the City will protect that airspace. No development or operational characteristic will be allowed that would hinder the use of the airspace. Article 5.120 is adopted to implement Oregon Revised Statutes (ORS) 836.600 through 836.630 and policies of the Comprehensive Plan as they relate to private use airports. When applied, it provides for the continued operation and vitality of the Columbia Gorge Regional Airport consistent with state law. It also provides for safety standards to reduce the potential for safety hazards for property and for persons living, working or recreating on lands near the airport. The Airport Approach Overlay Zone shall be applied to the underlying zone.

§ 10.5.120.020 Definitions.

Airport.

The strip of land used for taking off and landing aircraft, together with all adjacent land used in connection with the aircraft landing or taking off from the strip of land, including, but not limited to, land use for existing airport uses.

Airport Direct Impact Area.

The area located within 5,000 feet of an airport runway, excluding lands within the runway protection zone and approach surface.

Airport Elevation.

The highest point of an airport's usable runway, measured in feet above mean sea level.

Airport Imaginary Surfaces.

Imaginary areas in space and on the ground that are established in relation to the airport and its runways. Imaginary areas are defined by the primary surface, runway protection zone, approach surface, conical surface, and transitional surface.

Airport Secondary Impact Area.

The area located between 5,000 and 10,000 feet from an airport runway.

Airport Sponsor.

The owner, manager, or other person or entity designated to represent the interests of an airport.

Approach Surface.

A surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface.

The inner edge of the approach surface is the same width as the primary surface, and it expands uniformly to a width of:

2,000 feet for a utility runway having a non-precision instrument approach;

3,500 feet for a non-precision instrument runway, other than utility, having visibility minimums greater than three-fourths statute mile;

4,000 feet for a non-precision instrument runway, other than utility, having visibility minimums at or below three-fourths statute mile; and

16,000 feet for precision instrument runways.

The approach surface extends for a horizontal distance of:

5,000 feet at a slope of 20 feet outward for each foot upward for all utility runways;

10,000 feet at a slope of 34 feet outward for each foot upward for all non-precision instrument runways, other than utility; and

10,000 feet at a slope of 50 feet outward for each one foot upward, with an additional 40,000 feet at a slope of 40 feet outward for each one foot upward, for precision instrument runways.

The outer width of an approach surface will be that width prescribed in this subsection for the most precise approach existing or planned for that runway end.

Department of Aviation.

The Oregon Department of Aviation, the State agency chiefly responsible for matters relating to the continuing development of aviation as part of the state's transportation system, and the safety of its airways.

FAA.

The Federal Aviation Administration.

Height.

The highest point of a structure or tree, plant or other object of natural growth, measured from mean sea level.

Horizontal Surface.

A horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is:

5,000 feet for all runways designated as utility.

10,000 feet for all other runways.

The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for either end of the runway. When a 5,000-foot arc is encompassed by tangents connecting two adjacent 10,000-foot arcs, the 5,000-foot arc shall be disregarded on the construction of the perimeter of the horizontal surface.

Non-Precision Instrument Runway.

A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in, non-precision instrument approach has been approved, or planned, and for which no precision approach facilities are planned or indicated on an FAA-approved airport layout plan or other FAA planning document.

Obstruction.

Any structure, or tree, plant or other object of natural growth that penetrates an imaginary surface.

Other than Utility Runway.

A runway that is constructed for, and intended to be used by, turbine-driven aircraft or by propeller-driven aircraft exceeding 12,500 pounds gross weight.

Precision Instrument Runway.

A runway having an existing instrument approach procedure utilizing air navigation facilities that provide both horizontal and vertical guidance, such as an instrument landing system (ILS) or precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated by an FAA-approved airport layout plan or other FAA planning document.

Public Assembly Facility.

A permanent or temporary structure or facility, place or activity where concentrations or people gather in reasonably close quarters for purposes such as deliberation, education, worship, shopping, employment, entertainment, recreation, sporting events, or similar activities. Public assembly facilities include, but are not limited to, schools, churches, conference or convention facilities, employment and shopping centers, arenas, athletic fields, stadiums, clubhouses, museums, and similar facilities and places, but do not include parks, golf courses or similar facilities unless used in a manner where people are concentrated in reasonably close quarters. Public assembly facilities also include air shows, structures or uses approved by the FAA in an adopted airport master plan, or places where people congregate for short periods of time, such as parking lots or bus stops.

Runway.

A defined area on an airport prepared for landing and takeoff of aircraft along its length.

Significant.

As it relates to bird strike hazards, "significant" means a level of increased flight activity by birds across an approach surface of runway that is more than incidental or occasional, considering the existing ambient level of flight activity by birds in the vicinity.

Structure.

Any constructed or erected object which requires location on the ground or is attached to something located on the ground. Structures include, but are not limited to, buildings, decks, fences, signs, towers, cranes, flagpoles, antennas, smokestacks, earth formations, and overhead transmission lines. Structures do not include paved areas.

Transitional Surface.

Those surfaces that extend upward and outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of 7 feet horizontally for each foot vertically from the sides of the primary and approach surfaces to the point of intersection with the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at a 90-degree angle to the extended runway centerline.

Utility Runway.

A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight or less.

Visual Runway.

A runway intended solely for the operation of aircraft using visual approach procedures, where no straight-in instrument approach procedures or instrument designations have been approved or planned, or are indicated on an FAA-approved airport layout plan or any other FAA planning document.

Water Impoundment.

Includes wastewater treatment settling ponds, surface mining ponds, detention and retention ponds, artificial lakes and ponds, and similar water features. A new water impoundment includes an expansion of an existing water impoundment except where such expansion was previously authorized by land use action approved prior to the effective date of this Title.

§ 10.5.120.030 Notice of Land Use and Permit Applications within Airport Overlay Zone Area.

Except as otherwise provided herein, written notice of applications for land use or limited land use decisions, including comprehensive plan or zoning amendments, in an area within this overlay zone, shall be provided to the airport sponsor and the Department of Aviation in the same manner as notice is provided to property owners entitled by law to written notice of land use or limited land use applications in accordance with Article 3.020.

Notice shall be provided to the airport sponsor and the Department of Aviation when the property, or a portion thereof, that is subject to the land use or limited land use application is located within 10,000 feet of the sides or ends of a runway.

Notice of land use and limited land use applications shall be provided within the following timelines:

Notice of land use or limited land use applications involving public hearings shall be provided prior to the public hearing at the same time that written notice of such application is provided to property owners entitled to such notice.

Notice of land use or limited land use applications not involving public hearings shall be provided at least 20 days prior to entry of the initial decision on the land use or limited land use application.

Notice of the decision on land use or limited land use applications shall be provided to the airport sponsor and the Department of Aviation within the same timelines that such notice is provided to parties to a land use or limited land use proceeding.

Notices required under subsections A through C of this section need not be provided to the airport sponsor or the Department of Aviation where the land use or limited land use application meets all of the following criteria:

The application would only allow structures of less than 35 feet in height;

The application involves property located entirely outside the approach surface;

The application does not involve industrial, mining or similar uses that emit smoke, dust, or steam; sanitary landfills or water impoundments; or radio, radiotelephone, television or similar transmission facilities or electrical transmission lines; and

The application does not involve wetland mitigation, enhancement, restoration, or creation.

§ 10.5.120.040 Height Limitations on Allowed Uses in Underlying Zones.

All uses permitted by the underlying zone shall comply with the height limitations in this section. When height limitations of the underlying zone are more restrictive than those of this overlay zone, the underlying zone height limitations shall control.

Except as provided in subsections B and C of this section, no structure or tree, plant, or other object of natural growth shall penetrate an airport imaginary surface.

For areas within primary imaginary surfaces, but outside the approach and transition surfaces where the terrain is at higher elevations than the airport runway surfaces such that existing structures and permitted development penetrate or would penetrate the airport imaginary surfaces, a local government may authorize structures up to 35 feet in height.

Other height exceptions or variances may be permitted when supported in writing by the airport sponsor, the Department of Aviation, and the FAA. Applications for height variances shall follow the procedures for other variances and shall be subject to such conditions and terms as recommended by the Department of Aviation and the FAA.

§ 10.5.120.050 Procedures.

An applicant seeking a land use or limited land use approval in an area within this overlay zone shall provide the following information in addition to any other information required in the permit application:

A map or drawing showing the location of the property in relation to the airport imaginary surfaces. The Planning Department shall provide the applicant with Department Surface Profile maps in the Columbia Gorge Regional Airport Master Plan upon which to locate the property.

Elevation profiles and a site plan, both drawn to scale, including the location and height of all existing and proposed structures, measured in feet above the mean sea level.

If a height variance is requested, letters of support from the airport sponsor, the Department of Aviation, and the FAA.

§ 10.5.120.060 Land Use Compatibility Requirements.

Applications for land use or building permits for properties within the boundaries of this overlay zone shall comply with the requirements of this Chapter as provided herein.

Outdoor Lighting. No new or expanded industrial, commercial or recreational use shall project lighting directly on an existing runway or taxiway or into existing airport approach surfaces, except where necessary for safe and convenient air travel. Lighting for these uses shall incorporate shielding in their designs to reflect light away from airport approach surfaces. No use shall imitate airport lighting or impede the ability of pilots to distinguish between airport lighting and other lighting.

Glare. No glare-producing material, including, but not limited to, unpainted metal or reflective glass, shall be use on the exterior of structures located within an approach surface or on nearby lands where glare could impede a pilot's vision.

Industrial Emissions. No new industrial, mining or similar use, or expansion of an existing industrial, mining or similar use, shall, as part of its regular operations, cause emissions of smoke, dust, or steam that could obscure visibility within airport approach surfaces, except upon demonstration, supported by substantial evidence, that mitigation measures imposed as approval conditions will reduce the potential for safety risk or incompatibility with airport operations to an insignificant level. The review authority shall impose such conditions as necessary to ensure that the use does not obscure visibility.

Communications Facilities and Electrical Interference. Proposals for the location of new or expanded radio, radiotelephone, and television transmission facilities and electrical transmission lines within this overlay zone shall be coordinated with the Department of Aviation and the FAA prior to approval.

Landfills. No new sanitary landfills shall be permitted within 10,000 feet of any airport runway. Expansions of existing landfill facilities within these distances shall be permitted only upon demonstration that the landfills are designed and will operate so as to not increase the likelihood of bird/aircraft collisions. Timely notice of any proposed expansion shall be provided to the airport sponsor, the Department of Aviation, and the FAA, and any approval shall be accompanied by such conditions as are necessary to ensure than an increase in bird/aircraft collisions is not likely to result.

§ 10.5.120.070 Water Impoundments within Approach Surfaces and Airport Direct and Secondary Impact Boundaries.

Any use or activity that would result in the establishment or expansion of a water impoundment shall comply with the requirements of ORS 836.623.

§ 10.5.120.080 Nonconforming Uses.

This Article shall not be construed to require the removal, lowering, or alteration of any existing structure or vegetation not conforming to this Article. This Article shall not require any change in the construction, or alteration of the intended use of any structure, the construction or alteration of which was begun or completed prior to the effective date of this safety overlay zone.

§ 10.5.130.010 Purpose.

The Stream Corridor (SC) Overlay District is intended to help reduce stream temperatures, prevent stream habitat degradation, and protect and restore significant fish-bearing stream corridors identified on The Dalles Stream Corridor Inventory (2011) by:

Conserving significant stream corridors consistent with Statewide Planning Goal 5 (Natural Resources) and The Dalles Comprehensive Land Use Plan;

Protecting and enhancing water quality by restoring stream corridor vegetation;

Minimizing property damage during floods and storms;

Limiting development activity in designated stream corridors;

Maintaining and restoring fish and wildlife habitats and vegetative cover; and

Conserving associated scenic and recreational values.

§ 10.5.130.020 SC Overlay District Boundaries and Setbacks.

The SC Overlay District applies within The Dalles Urban Growth Boundary (UGB), is shown on The Dalles Zoning Map, and includes the corridor extending upland 50 feet from the tops-of-bank of the following fishbearing streams:

Chenowith Creek;

Mill Creek; and

Three-Mile Creek.

§ 10.5.130.030 Determination and Modification of SC Overlay District Boundaries.

The stream corridor setbacks shall be 50 feet from the top-of-bank as shown on The Dalles Stream Corridor Inventory. An applicant for development may rely on this map to determine how a stream corridor setback affects an individual property. However, this mapped setback may be modified in two ways:

Stream Corridor Delineation Process. The Planning Director may approve a modification stream top-of-bank ("bankfull stage" or the "two year recurrence flood elevation" defined in DSL Administrative Rules (OAR 141-085-0510(5)), based on site survey prepared by a registered land surveyor. The required setback shall be revised accordingly.

Hardship Adjustment. The Planning Commission may approve a hardship adjustment to the stream setback provisions of this Chapter, without going through a formal variance process, under the following circumstances:

Where application of the stream setback provisions of this Chapter makes it impossible to build a structure (including a building, required parking and access) otherwise permitted in the underlying zoning district, the Planning Commission may allow reductions of the setback standards of the underlying zoning district by up to 40% to permit the siting of such structures to avoid infringing on the stream setback area.

If, after considering the effect of hardship setback adjustments, it is still impossible to build a structure permitted in the underlying zoning district, the Planning Commission may approve up to 500 square feet of impervious surface area within the required stream setback area, provided that:

The structure, parking and access area is located as far from the top of bank as reasonably possible; and

The applicant submits a stream corridor restoration plan prepared by a wetland scientist, government agent, or other professional with expertise in riparian plans and restoration techniques acceptable to the Planning Director. The stream corridor restoration plan shall:

Ensure removal of invasive plant species and replacement with suitable native plant species that will effectively shade the stream and minimize stream bank erosion; and

ii.

Include provisions for monitoring and replacement of native plans over at least a three-year period.

(Ord. 22-1392)

§ 10.5.130.040 Department of State Lands Notification.

The Oregon Department of State Lands (DSL) shall be notified in writing of all applications to the City of The Dalles for development activities, including applications for plan authorizations, development permits, or building permits, and of development proposals within The Dalles UGB, that may affect known wetlands or streams.

§ 10.5.130.050 Permitted and Prohibited Uses Within SC Overlay District.

The following uses are permitted within SC Overlay District setback areas:

Passive recreation uses and activities, including paths, access ways, trails, picnic areas or interpretive and educational displays and overlooks, including benches and outdoor furniture;

Maintenance of existing structures, lawns and gardens;

Normal maintenance, replacement and improvements to existing public facilities, roads and driveways, provided that the footprint of these facilities does not expand;

Construction of public facilities and transportation projects identified in adopted public facilities master plans or the Transportation System Plan;

Replacement of existing structures with structures located on the original building footprint that do not disturb additional wetland or stream corridor surface area;

Water-related and water-dependent uses, including drainage facilities, water and sewer facilities, flood control projects, and drainage pumps;

Routine maintenance or replacement of existing public facilities projects and public emergencies, including emergency repairs to public facilities;

In-channel erosion or flood control measures that have been approved by DSL;

Perimeter mowing of a wetland for fire protection purposes;

10.

Removal of non-native vegetation and replacement with native plant species; and

11.

Minor improvements that have no material effect on the listed purposes of this Chapter.

Prohibited Uses. Except as listed in Section 10.5.130.050(A), the following uses and activities are prohibited within stream corridor setback areas:

New residential, commercial, industrial, or public/semi-public construction;

Expansion of existing buildings or structures;

Expansion of areas of pre-existing non-native ornamental landscaping such as lawn and gardens;

The placement of structures or impervious surfaces, including grading and the placement of fill; and

Dumping, piling, or disposal of refuse, yard debris, or other material.

§ 10.5.130.060 Site Plan Required.

When a use or activity that requires the issuance of a building permit or approval of a land use application is proposed on a parcel within, or partially within the SCW Overlay District, the property owner shall submit a scaled site plan to the City that shows:

Topographic contours at two-foot intervals;

The stream top-of-bank;

Special flood hazard area (SFHA) elevation;

The required riparian setback;

Existing vegetative cover and type;

Existing and proposed site improvements; and

A riparian restoration plan if development is proposed within 50 feet of the stream top-of-bank.

(Ord. 25-1414, 7/14/2025)

The Dalles City Zoning Code

CHAPTER 10

5 ZONE DISTRICT REGULATIONS

§ 10.5.010.010 Purpose.

(Ord. 21-1384; Ord. 23-1395)

§ 10.5.010.020 Permitted Uses.

Primary Uses Permitted Outright.

Residential use types: single-family.

Residential building types:

Single-family detached.

Duplex and two-unit condominiums.

Other use types:

Wireless communication facilities, subject to the provisions of Article 6.140: Wireless Communication Equipment.

Residential care home, as defined in Chapter 10.2 - Definitions.

Child care center, as defined in Chapter 10.2 - Definitions

Other uses determined by the Director to be similar to the above uses.

Accessory Uses Permitted Outright.

Accessory dwelling units, subject to the provisions of Article 6.030: Accessory Development.

Accessory structures customarily incidental to the primary use, subject to the provisions of Article 6.030: Accessory Development.

Bed and breakfast and vacation rentals, subject to the provisions of Article 6.040: Bed and Breakfast and Vacation Rentals.

Family day care, as defined in Chapter 10.2 - Definitions.

Home business, subject to the provisions of Article 6.020: Home Businesses.

(Ord. 19-1373; Ord. 23-1400)

§ 10.5.010.030 Conditional Uses.

The following conditional uses are allowed subject to review and approval per the provisions of either Article 3.050: Conditional Use Permits or Article 3.060: Administrative Conditional Use Permits.

Community facilities, subject to the provisions of Article 5.100: Community Facilities Overlay District.

Funeral and interment services (interring and cemeteries only), subject to the provisions of Article 5.100: Community Facilities Overlay District.

Planned development, subject to the provisions of Article 9.050: Planned Development.

Wireless communication facilities, subject to the provisions of Article 6.140: Wireless Communication Equipment.

Adult Business. An application for an adult business shall also comply with the following criteria:

A public school.

A public library.

A public park or recreational facility, which has facilities such as a playground, swimming pool, baseball field, football field, soccer field, tennis court, basketball court, or volleyball court.

(Ord. 23-1400)

§ 10.5.010.040 Prohibited Uses.

(Ord. 17-1356)

§ 10.5.010.060 Development Standards.

RL Low Density Residential	Standard
Lot Size
Single-Family Detached	5,000 sq. ft. minimum
Duplex	2,500 sq. ft. per dwelling unit
Attached Row House	3,200 sq. ft. minimum with density transfer
Lot Width	50 ft. minimum
Lot Width - Duplex	25 ft. minimum per dwelling for a duplex on a corner lot each unit shall front on a separate street
Lot Depth	65 ft. minimum average
Setback
Front Yard	15 ft.
Rear Yard	10 ft.
Side Yard (interior)	5 ft. minimum
Side Yard (exterior)	8 ft., except 20 ft. for garage entrance
Single-Family Detached	8 ft. minimum on one side of a dwelling unit with a zero setback on the opposite side
Corner Duplex	Setback (0 ft.) on the opposite side
Small Lot Single-Family	5 ft. minimum
Attached Row House	8 ft. minimum for end units; zero setback (0 ft.) where common walls exist
Side Yard (corner lot)	10 ft. minimum on street side
Garage/Carport Entrances (facing streets)	20 ft. minimum (corner lots and interior lots)
Building Height	32 ft. maximum
Lot Coverage	60% of lot area maximum
Building Orientation	The building shall be oriented parallel to the street or private accessway. Orientation on private accessway is allowed only if there is no street frontage. Practical adjustments may be made to accommodate street curvature. Primary building entrances are required to have a clear pedestrian connection to the street/sidewalk constructed of concrete, asphalt, pavers, or other hard surface. Primary entrance located on the rear building face is prohibited.
Off-Street Parking	See Chapter 10.7 - Parking Standards
Accessory Uses, Buildings and Structures	See Article 6.030: Accessory Development
Landscaping	See Article 6.010: Landscaping Standards
Driveway Locations	See Article 6.050: Access Management
Minimum Density	3 units per net acre*
Maximum Density	8.712 units per gross acre*

*	See TDMC Section 10.6.170.020 for more information regarding net acreage.

(Ord. 19-1373; Ord. 20-1379; Ord. 21-1384; Ord. 23-1395; Ord. 23-1400)

§ 10.5.010.070 Design Standards.

Attached garage or carport (1 per dwelling).

Roof pitch greater than 3/12 (a nominal slope of 3 feet in height for every 12 feet in width).

Commercially available siding.

Covered front porch entries.

Recessed front entries.

Eaves, minimum 12-inch projection.

Bay or bow windows.

Exterior window sills.

Gables in addition to the primary roof pitch.

10.

Other features subject to the approval of the Director.

(Ord. 21-1384)

§ 10.5.010.080 Exceptions to Standards. [1]

Lot Size.

In planned developments, the lot size, width, and depth may vary from the standards listed in this Article, provided the proposed development conforms with this and other City ordinances.

Density Calculations. Permitted accessory dwellings and duplexes shall not be counted in density calculations for proposed development.

Setbacks.

Setback Averaging. The front yard setback and the garage/carport entrance setback may be reduced to the average of the respective setbacks of the abutting lots.

Setbacks for Steeply Sloping Lots. The following exceptions apply to lots which slope up or down from the street with an average slope of 20% or greater:

The front yard setback for the dwelling may be reduced to 10 feet; however, the height limitations of subsection (D)(3) below shall apply.

The front setback for the garage wall and/or garage/carport entrance may be reduced to 5 feet; however, the height limitations of subsection (D)(3) below shall apply.

Garage and Carport Setbacks on Alleys. Rear yard setbacks for garage/carports and accessory dwelling units on alleys may be waived per the following:

Garage/carports opening onto alleys with established 20-foot rights-of-way may be set back zero feet from the right-of-way.

Garage/carports opening onto alleys with less than a 20-foot right-of-way shall be set back to a minimum building line located 10 feet from the center of the alley right-of-way.

Height Limits for Steeply Sloping Lots.

Uphill Slope from Street. On lots that slope uphill from the street with an average slope of 20% or greater, the alternative height and setback standards of paragraph 3 below may be applied.

Height Limit in Reduced Setback Area. The height limit in the area of the reduced setback is lowered 1 foot for every foot of reduced setback.

Building Orientation.

(Ord. 21-1384; Ord. 23-1395)

[1]

See Article 6.070: Measurements for information on how to measure average slope, average grade, and calculate height limits.

§ 10.5.020.010 Purpose.

(Ord. 21-1384; Ord. 23-1395)

§ 10.5.020.020 Permitted Uses.

Primary Uses Permitted Outright.

Residential use types:

Single-family.

Multifamily.

Cottage cluster development.

Residential building types:

Single-family detached subject to ministerial review (Article 3.020).

Single-family detached (zero lot line) subject to ministerial review (Article 3.020).

Duplex and single-family attached (zero lot line, 2 units) subject to ministerial review (Article 3.020).

Single-family attached (townhouses) subject to site plan review.

Multifamily dwelling subject to site plan review (Article 3.030).

Cottage cluster dwelling subject to site plan review (Article 3.030).

Care facility use types:

Child care center, as defined in Chapter 10.2 - Definitions.

Residential care home, as defined in Chapter 10.2 - Definitions.

Residential care facility, as defined in Chapter 10.2 - Definitions, subject to the provisions of Article 3.030: Site Plan Review.

Other use types:

Wireless communication facilities, subject to the provisions of Article 6.140: Wireless Communication Equipment.

Other uses determined by the Director to be similar to the above uses.

Accessory Uses Permitted Outright.

Accessory dwelling units, subject to the provisions of Article 6.030: Accessory Development.

Accessory structures customarily incidental to the primary use, subject to the provisions of Article 6.030: Accessory Development.

Bed and breakfast and vacation rentals, subject to the provisions of Article 6.040: Bed and Breakfast and Vacation Rentals.

Family day care, as defined in Chapter 10.2 - Definitions.

Home business, subject to the provisions of Article 6.020: Home Businesses.

(Ord. 19-1373; Ord. 21-1384; Ord. 23-1400)

§ 10.5.020.030 Conditional Uses.

Community facilities, subject to the provisions of Article 5.100: Community Facilities Overlay District.

Mortuaries, funeral homes, interring and cemeteries, excluding crematoria.

Parking areas, subject to the provisions of Chapter 10.7 - Parking Standards.

Planned development, subject to the provisions of Article 9.050: Planned Development.

Wireless communication facilities, subject to the provisions of Article 6.140: Wireless Communication Equipment.

Adult Business. An application for an adult business shall also comply with the following criteria:

A public school.

A public library.

A public park or recreational facility, which has facilities such as a playground, swimming pool, baseball field, football field, soccer field, tennis court, basketball court, or volleyball court.

§ 10.5.020.040 Prohibited Uses.

(Ord. 17-1356)

§ 10.5.020.060 Development Standards.

RH High Density Residential	Standard
RH High Density Residential	Single-Family Attached, Row Houses, or Townhomes (3 or more units)	One and Two Dwelling Units per Lot (Single-Family Detached and Duplex)	Three Dwelling Units per Lot	Four or More Dwelling Units per Lot
Minimum Lot Area	1,500 sq. ft.	2,500 sq. ft.	1,500 sq. ft.	1,500 sq. ft.
Minimum Lot Width	25 ft. for corner lots and lots with townhome end-units; and 20 ft. for interior lots	25 ft. for corner lots and 20 ft for interior lots	50 ft.	50 ft.
Minimum Lot Depth	60 ft.	60 ft.	60 ft.	60 ft.
Building Height*	35 ft.	35 ft.	35 ft.	35 ft. for 4 units, 45 ft. for 5+ units
Minimum Setbacks
Front Yard	10 ft.
Rear Yard	10 ft.
Side Yard (interior)	5 ft., except 8 ft. where dwelling has zero setback on opposite side, including end unit of townhouse dwelling units; and 10 ft. separation between buildings
Side Yard (exterior)	8 ft., except 20 ft. for garage entrance
Garage/Carport Entrances (facing street)	20 ft. minimum (corner lots and interior lots)
Lot Coverage	60% of lot area maximum
Building Orientation	The building shall be oriented parallel to the street or private accessway. Orientation on private accessway is allowed only if there is no street frontage. Practical adjustments may be made to accommodate street curvature. Primary building entrances are required to have a clear pedestrian connection to the street/sidewalk constructed of concrete, asphalt, pavers, or other hard surface. Primary entrance located on the rear building face is prohibited.
Pedestrian Access	All multifamily building entrances shall have a clear pedestrian connection to the street/sidewalk in accordance with Section 10.5.020.070(E): Pedestrian Walkways
Off-Street Parking (Bicycles and Vehicles)	See Chapter 10.7 - Parking Standards
Accessory Uses, Buildings and Structures	See Article 6.030: Accessory Development
Landscaping	See Article 6.010: Landscaping Standards
Access Management	See Article 6.050: Access Management
Minimum Density	10 units per net acre**
Maximum Density	29.04 units per gross acre**

*	Buildings greater than 35 feet in height are allowed only on lots that are located at least 100 feet from land zoned RL - Low Density Residential.
**	See TDMC 10.6.170.020 for more information regarding net acreage.

(Ord. 19-1373; Ord. 21-1384; Ord. 23-1395; Ord. 23-1400)

§ 10.5.020.070 Design Standards.

Attached garage or carport (1 per dwelling).

Roof pitch greater than 3/12 (a nominal slope of 3 feet in height for every 12 feet in width).

Commercially available siding.

Covered front porch entries with a depth of at least 6 feet and a width of at least 12 feet.

Recessed front entries.

Eaves, minimum 12-inch projection.

Bay or bow windows.

Exterior window sills.

Gables in addition to the primary roof pitch.

10.

Other features subject to the approval of the Director.

Horizontal. At least 3 design features shall be incorporated along the horizontal face (side to side) of the structure at a minimum of every 40 feet.

Vertical. At least 2 architectural design features shall be incorporated along the vertical face (top to bottom).

Buildings with windowed walls facing buildings with windowed walls: 10 feet separation.

Buildings with windowed walls facing buildings with a blank wall: 10 feet separation.

Buildings with opposing blank walls: 10 feet separation.

Building separation shall also apply to building projections such as balconies, bay windows, and room projections.

Buildings with courtyards shall maintain separation of opposing walls as listed in paragraphs 1 through 4 above for walls in separate buildings.

Wall separation shall be increased at a rate of 1 foot for each 15 feet of building length over 60 feet, and 2 feet for each 5 feet of building height over 30 feet.

Driveways, parking lots, and common or public walkways shall maintain the following separation for dwelling units within 8 feet of the ground level:

Driveways and parking lots shall be separated from windowed walls by at least 8 feet; walkways running parallel to the face of the buildings shall be separated by at least 5 feet.

Driveways and uncovered parking spaces shall be separated from doorways by at least 5 feet.

(Ord. 19-1373; Ord. 21-1384)

§ 10.5.020.080 Open Area.

Open area requirements shall apply to all development with 5 or more dwelling units per lot.

Entrances. Balconies required for entrances or exits shall not be considered as open space except where such exits or entrances are for the sole use of the unit.

Driveways and Parking Areas. Driveways and parking areas shall not be included as open space.

(Ord. 19-1373; Ord. 21-1384; Ord. 23-1395)

§ 10.5.020.090 Exceptions to Standards. [1]

Density Calculations. Permitted accessory dwellings and duplexes shall not be counted in density calculations for proposed development.

Setbacks.

Garage and Carport Setbacks on Alleys. Rear yard setbacks for garage/carports and accessory dwelling units on alleys may be waived per the following:

Garage/carports opening onto alleys with established 20-foot rights-of-way may be set back zero feet from the right-of-way.

Garage/carports opening onto alleys with less than a 20-foot right-of-way shall be set back to a minimum building line located 10 feet from the center of the alley right-of-way.

Setbacks for Steeply Sloping Lots. The following exceptions apply to lots which slope up or down from the street with an average slope of 20% or greater:

The front yard setback for the dwelling may be reduced to 10 feet; however, the height limitations of paragraph (D)(3) below shall apply.

The front setback for the garage wall and/or garage/carport entrance may be reduced to 5 feet; however, the height limitations of paragraph (D)(3) below shall apply.

Height Limits for Steeply Sloping Lots.

Downhill Slope from Street. On lots that slope downhill from the street with an average slope of 20% or greater, the height limit is the higher of 23 feet above the average grade of the street or the allowed limit. In addition, the alternative height and setback standards of paragraph 3 below may be applied.

Uphill Slope from Street. On lots that slope uphill from the street with an average slope of 20% or greater, the alternative height and setback standards of paragraph 3 below may be applied.

Height Limit in Reduced Setback Area. The height limit in the area of the reduced setback is lowered 1 foot for every foot of reduced setback.

Building Orientation.

Except where buildings abut or share a common wall, when the owner of a lot or parcel proposes to locate a building with an interior yard of less than the required setback from the adjacent property line, the owner must secure and record in the office of Wasco County Clerk a maintenance access easement from the neighboring property owner adjacent to that side of the building. The easement shall provide access on the entire length of the proposed building and 5 feet beyond both ends. The easement requires a minimum of 10-foot separation between 2 houses on separate lots, a minimum of 8-foot separation between a house and a detached accessory building on separate lots, or a minimum of 6-foot separation between 2 detached accessory buildings on separate lots. The easement shall be on a form approved by the City, and be subject to payment of a fee established by City Council resolution. Applicant is responsible for recording and fees associated with recording. Applicant shall supply the City with a copy of the recorded easement.

(Ord. 21-1384; Ord. 24-1405)

[1]

See Article 6.070: Measurements for information on how to measure average slope, average grade, and calculate height limits and setback averaging.

§ 10.5.030.010 Purpose.

(Ord. 23-1395)

§ 10.5.030.020 Permitted Uses.

Primary Uses Permitted Outright.

Residential use types:

Single-family.[1]

[1]

All forms of attached single-family housing subject to the provisions of Article 3.030: Site Plan Review.

Multifamily.[2]

[2]

Subject to the provisions of Article 3.030: Site Plan Review.

Manufactured dwelling park.[3]

[3]

Subject to the provisions of Chapter 10.11 – Manufactured Dwelling Parks.

Cottage cluster development.

Residential building types:

Single-family detached subject to ministerial review (Article 3.020).

Single-family detached (zero lot line) subject to ministerial review (Article 3.020).

Duplex and single-family attached (zero lot line, 2 units) subject to ministerial review (Article 3.020).

Single-family attached (townhouses) subject to site plan review.

Multifamily dwelling subject to site plan review (Article 3.030).

Cottage cluster dwelling subject to site plan review (Article 3.030).

Care facility use types:

Child care center, as defined in Chapter 10.2 - Definitions.

Residential care home, as defined in Chapter 10.2 - Definitions.

Residential care facility, as defined in Chapter 10.2 - Definitions, subject to the provisions of Article 3.030: Site Plan Review.

Other use types:

Wireless communication facilities, subject to the provisions of Article 6.140: Wireless Communication Equipment.

Other uses determined by the Director to be similar to the above uses.

Accessory Uses Permitted Outright.

Accessory dwelling units, subject to the provisions of Article 6.030: Accessory Development.

Accessory structures customarily incidental to the primary use, subject to the provisions of Article 6.030: Accessory Development.

Bed and breakfast and vacation rentals, subject to the provisions of Article 6.040: Bed and Breakfast and Vacation Rentals.

Family day care, as defined in Chapter 10.2 - Definitions.

Home business, subject to the provisions of Article 6.020: Home Businesses.

(Ord. 19-1373; Ord. 21-1384; Ord. 23-1400)

§ 10.5.030.030 Conditional Uses.

Community facilities, subject to the provisions of Article 5.100: Community Facilities Overlay District.

Mortuaries, funeral homes, interring, and cemeteries, excluding crematoria.

Parking areas, subject to the provisions of Chapter 10.7 - Parking Standards.

Planned development (may mix residential and commercial uses) subject to the provisions of Article 9.050: Planned Development.

Wireless communication facilities, subject to the provisions of Article 6.140: Wireless Communication Equipment.

Adult Business. An application for an adult business shall also comply with the following criteria:

A public school.

A public library.

A public park or recreational facility, which has facilities such as a playground, swimming pool, baseball field, football field, soccer field, tennis court, basketball court, or volleyball court.

§ 10.5.030.040 Prohibited Uses.

(Ord. 17-1356)

§ 10.5.030.060 Development Standards.

RM Medium Density Residential	Standard
RM Medium Density Residential	Single-Family Attached, Row Houses, or Townhomes (3 or ore units)	One and Two Dwelling Units per Lot (Single-Family Detached and Duplex)	Three Dwelling Units per Lot	Four or More Dwelling Units per Lot
Minimum Lot Area	2,000 sq. ft.	4,000 sq. ft.	2,000 sq. ft.	2,000 sq. ft.
Minimum Lot Width	25 ft. for corner lots and lots with townhome end-units; and 20 ft. for interior lots	25 ft. for corner lots and 20 ft. for interior lots	50 ft.	50 ft.
Minimum Lot Depth	65 ft.	65 ft.	65 ft.	65 ft.
Building Height*	35 ft.	35 ft.	35 ft.	35 ft. for 4 units, 45 ft. for 5 or more units
Minimum Setbacks
Front Yard	10 ft., except 20 ft. for garage entrance
Rear Yard	10 ft.
Side Yard (interior)	5 ft. minimum, except where dwelling has a zero setback on opposite side, including end unit of townhome dwelling units, and 10 ft. separation between dwelling units.
Side Yard (exterior)	8 ft., except 20 ft. for garage entrance
Lot Coverage	60% of lot area
Building Orientation	The building shall be oriented parallel to the street or private accessway. Orientation on private accessway is allowed only if there is no street frontage. Practical adjustments may be made to accommodate street curvature. Primary building entrances are required to have a clear pedestrian connection to the street/sidewalk constructed of concrete, asphalt, pavers, or other hard surface. Primary entrance located on the rear building face is prohibited.
Pedestrian Access	All multifamily building entrances shall have a clear pedestrian connection to the street/sidewalk in accordance with Section 10.5.030.070(D): Pedestrian Walkways
Off-Street Parking (Bicycles and Vehicles)	See Chapter 10.7 - Parking Standards
Accessory Uses, Buildings and Structures	See Article 6.030: Accessory Development
Landscaping	See Article 6.010: Landscaping Standards
Access Management	See Article 6.050: Access Management
Minimum Density	7 units per net acre**
Maximum Density	21.78 units per gross acre**

*	Buildings greater than 35 feet in height are allowed only on lots that are located at least 100 feet from land zoned RL - Low Density Residential.
**	See TDMC Section 10.6.170.020 for more information regarding net acreage.