The Dalles City Zoning Code
CHAPTER 10
6 GENERAL REGULATIONS
§ 10.6.010.010 Purpose.
A.
The City of The Dalles recognizes the aesthetic and economic value of landscaping and encourages its use to establish a pleasant community character, unify developments, and buffer or screen unsightly features; to soften and buffer large scale structures and parking lots; to encourage water conservation and the use of native plants; to minimize runoff and provide for erosion control; and to aid in energy conservation by providing shade from the sun and shelter from the wind. The community desires and intends all properties to be landscaped and maintained.
B.
This Article prescribes standards for landscaping, buffering, and screening. While this Article provides standards for frequently encountered development situations, detailed landscape plans shall be reviewed by the approving authority with this purposes clause as the guiding principle.
§ 10.6.010.020 Definition.
A.
For the purposes of this Article and this Title, unless otherwise specified, "landscaping" shall mean a minimum of 40% of the required landscape area be planted with live plant material. Trees on the recommended tree list, which are 2.5 inch caliper 5 feet above the ground at time of planting shall each be considered to cover 250 square feet. Trees smaller than 2.5 inch caliper shall be considered to cover the area under the tree's drip line. Dry landscaping may cover up to 60% of the required landscape area. Dry landscaping shall not include crushed rock, pea gravel, or similar material as determined by the approving authority. Parking areas may require additional landscaping. See Section 10.7.030.040.
B.
All residential developments shall landscape the undeveloped portions of the front yard, as defined in this Title, within the first 6 months after occupancy. For purposes of this Article, landscaping may be live plant material, dry landscaping, or a combination of live plant material and dry landscaping.
(Ord. 23-1400)
§ 10.6.010.030 General Provisions.
A.
Applicability. The provisions of this Article shall apply to all applications for new development and to applications for additions or modifications to existing development which increases the building(s) combined total footprint area by more than 20%.
B.
Landscaping Plans. Where landscaping is required by this Title, detailed landscape plans may be submitted with the development application. If not submitted for approval with the application, approval of detailed landscape plans shall always be a condition of the concept plan approval of the site plan review process. Requirements for detailed landscape plans are listed in Article 6.180: Required Plans. Building permits shall not be issued until the approving authority has determined the landscape plans comply with both the purpose and specific requirements of this Article.
C.
Completion Prior to Occupancy. Except for landscaping for single-family homes and duplexes, all required landscaping and related improvements shall be completed, or financially guaranteed per the provisions of Section 10.9.040.060(I): Performance Guarantee prior to occupancy.
D.
Planned Developments. Required landscaping for planned developments shall be reviewed and approved by the Commission, and shall in no case be less than that required by this Article.
E.
Maintenance. Appropriate care and maintenance of landscaping on-site and landscaping in the adjacent rights-of-way is the right and responsibility of the property owner, unless City ordinances specify otherwise for general public and safety reasons. All landscaping, buffering, and screening required by this Title shall be maintained. If street trees or other plant materials do not survive or are removed, materials shall be replaced in kind by the developer or the party responsible for removing the trees and/or plant material.
F.
Parking Lot Landscaping. The landscaping requirements for parking lots are described in Section 10.7.030.040: Landscaping Requirements. Parking lot landscaping shall be required in addition to the landscaping requirements described in this Article.
G.
Trees in Public Rights-of-Way. A City permit is required to plant, remove, significantly prune, top, or pollard any trees in a public right-of-way.
H.
Preservation of Significant Trees. Significant tree specimens should be preserved to the greatest extent practical, and integrated into the design of a development. Trees of 14 inches or greater diameter measured at a height of 5 feet above grade are considered significant. Trees to be saved and methods of protection shall be indicated on the detailed planting plan submitted for approval. Existing trees may be considered preserved only if no cutting, filling, or compaction of the soil takes place between the trunk of the tree and the area 5 feet outside the tree's drip line, or if a plan for tree protection recommended by a certified arborist is adhered to. In addition, the tree shall be protected from damage during construction by a construction fence located 5 feet outside the drip line.
I.
Planters and Screen/Buffer Areas. Planters and screen/buffer areas used for required plantings shall have a minimum width, or diameter, of 5 feet (2.5 feet radius, inside dimensions). Where the curb or the edge of these areas are used as a tire stop for parking, the planter or buffer area shall be a minimum width of 7.5 feet.
J.
Irrigation Systems. Irrigation systems shall be required where necessary to assure survival of plant materials.
K.
Vision Clearance. In no case shall site obscuring shrubs, landscape features, conifer trees, fences exceeding 24 inches in height, or other screening be permitted within vision clearance areas of street or alley intersections, or where the City Engineer otherwise deems such plantings would endanger pedestrians and vehicles. See Article 6.100: Vision Clearance.
L.
Fences. All fences over 4 feet in height shall require a permit. Permits for fences 6 feet or under in height shall not require a permit fee.
(Ord. 21-1384)
§ 10.6.010.040 Buffering.
Buffer plantings are used to reduce building scale, provide transition between different land uses (i.e., residential and commercial) and contrasting architectural styles, and generally mitigates incompatible or undesirable views. They are used to soften rather than block viewing. Where required, a mix of plant materials shall be used to achieve the desired buffering effect.
§ 10.6.010.050 Screening-Hedges, Fences, Walls other than Retaining Walls, Berms.
A.
General. Screening is used where unsightly views or visual conflicts must be obscured or blocked and where privacy and security are desired. All screening shall comply with the provisions of Article 6.100: Vision Clearance.
B.
Fences and Walls. Fences and walls used for screening may be constructed of wood, concrete, stone, brick, wrought iron, metal, or other commonly used fencing/wall materials. Acoustically designed fences and walls may also be used where noise pollution requires mitigation.
C.
Landscaping As Screening. Where landscaping is used for required screening, it shall be at least 6 feet in height and be at least 80% opaque, as seen from a perpendicular line of sight, within 18 months following establishment of the primary use of the site.
D.
Chain Link with Slats. A chain link fence with slats shall qualify for screening only if a landscape buffer is provided outside the fence. In this case, the landscape buffer shall have an average height of 50% of the height of the fence within 1 year of planting. (See Section 10.6.010.040: Buffering of this Article.)
E.
Height. The height of hedges, fences, walls, and berms shall be measured as provided for in Section 10.6.070.050(B), except where used to comply with screening requirements for parking, loading, storage, and similar areas. Hedges, fences, walls, and berms must comply with vision clearance requirements of Section 10.6.010.030(K). Height requirements for hedges, fences, and walls are as follows:
1.
Residential Zones.
a.
Hedges, fences, and walls shall not exceed 4 feet in height within a required front yard or in an exterior side yard within a 10-foot triangle adjacent to an alley or driveway.
b.
Hedges, fences, and walls shall not exceed 6 feet in height within required side and rear yards, unless additional height is determined by the Director to be necessary for privacy screening from an adjacent use. In no case shall a fence or wall exceed 8 feet in height in a required side or rear yard.
c.
Hedges, fences and walls not located in required yards may exceed the height standards listed above.
2.
Commercial and Industrial Zones. Barbed wire may be allowed above the fence or wall height requirement.
3.
All Areas. Fences and walls over 4 feet in height (not counting any permitted barbed wire) shall require a building permit prior to construction.
F.
Berms. Earthen berms up to 6 feet in height may be used to comply with screening requirements. The slope of the berm may not exceed 2:1, the top of the berm shall be relatively flat, and the faces of the slope shall be planted with ground cover, shrubs, and trees.
G.
Design. Fences and walls over 200 feet in length (of a single run) shall be designed to prevent visual monotony through use of offsets, changes of materials and textures, or landscaping in all zone districts except the I - Industrial district.
H.
Visual Clearance. Screening is not permitted within vision clearance areas, as described in Article 6.100: Vision Clearance.
I.
Gates. Gates are required in rear yard fences on through lots for maintenance access to the area from curb to a proposed fence. (Gates shall not be used to make an access connection to the right-of way.)
J.
Service Facilities. Trash dumpsters, gas meters, ground level air conditioning units, and other service facilities shall be screened from off-site view with a fence, wall or plantings.
K.
Swimming Pools, Spas, and Hot Tubs. In addition to all other requirements in the Oregon Structural Specialty Code, swimming pools, spas and hot tubs more than 18 inches deep shall be surrounded and screened with a minimum 4-foot high secured fence or wall. Access to the secured area must have a self latching gate.
§ 10.6.010.060 Street Trees.
A.
General. Street trees shall count toward the required landscape requirement. Street trees shall be planted and maintained in accordance with the following standards for all public street frontages, and along private street and accessways more than 150 feet long. Street trees shall be required in all zoning districts where there is a designated planting strip in the public right-of-way. Selection of species may be made from the recommended tree list provided by the Director. Alternate selections must be requested in writing and approved by the Director.
B.
Spacing. Medium canopy trees shall be spaced a maximum of 30 feet on center, and large canopy trees shall be spaced a maximum of 50 feet on center.
C.
Planting Requirements. Trees planted within 5 feet of permanent hard surface paving or walkways shall use special planting techniques and specifications approved by the Public Works Director.
D.
Fire Hydrants. Clearance from fire hydrants shall be as specified in the Uniform Fire Code as adopted by the local fire protection district.
E.
Location. Unless approved otherwise by the City Engineer, trees may not be planted:
F.
Public Safety. Trees may not be planted in areas where the Director determines the trees may be a hazard to the public interest or general welfare.
G.
Clearance. Trees shall be pruned, by the property owner, to provide a minimum clearance of 9 feet above sidewalks and 14 feet above street and roadway surfaces.
§ 10.6.010.070 Required Landscaping by Zone.
Where required by this Title, landscaping shall be provided on site according to the following minimum requirements. Additional landscaping may be required by the approving authority as a condition of approval in order to mitigate conflicts with neighboring uses and/or to provide adequate screening. Where the landscape requirement listed below is greater than the balance of the lot after lot coverage, the landscaping requirement shall be limited to the area of the lot not covered.
ZONE | SITE REQUIREMENT |
|---|---|
RL 1 and 2 Dwelling units | Site landscaped according to Article 6.010 |
RM 1, 2, 3, or 4 Dwelling units 5+ Dwelling units | Site landscaped according to Article 6.010 Equal to first floor area of all structures minimum |
RH 1, 2, 3, or 4 Dwellings units 5+ Dwelling units | Site landscaped according to Article 6.010 Equal to 1.5 times the first floor area of all structures minimum |
NC 1, 2, 3, or 4 Dwelling units 5+ Dwelling units | Site landscaped according to Article 6.010 Equal to the first floor area of all structures minimum |
Commercial | Equal 10% of the first floor area of all structures minimum |
Mixed Residential/Commercial | Equal to 0.5 times the first floor area of all structures minimum |
CBC Sub-district 1 Sub-district 2 Commercial in Area Outside Sub-district 2 Residential in Area Outside Sub-district 2 Mixed Residential/Commercial in Area Outside Sub-district 2 | Subject to requirements of Ordinance 96-1207, Design Guidelines for Historic Resources None None Lot area not built on shall be appropriately landscaped Lot area not built on shall be appropriately landscaped |
CG | Equal 20% of the first floor area of all structures minimum |
CLI | Equal 15% of the first floor area of all structures minimum |
CR | Equal 15% of the first floor area of all structures minimum |
I | A 5-foot landscaping buffer adjacent to all public right-of-way, but limited to 10% of the area of the entire site. If a 5-foot buffer along the length of the right-of-way exceeds 10% of the entire site, the City Community Development Department staff will indicate which portions of the right-of-way will have the buffer |
CFO | Subject to underlying zone requirements, unless reduced or expanded by the Commission through the conditional use review process |
P/OS | No requirement |
(Ord. 19-1373; Ord. 21-1384; Ord. 23-1400)
§ 10.6.020.010 Purpose.
A.
The purpose of this Article is to encourage small commercial ventures which could not necessarily be sustained if forced to operate in commercial quarters and/or which are appropriately operated within a residence or accessory structure. Home businesses are recognized for their contribution in reducing the number of vehicle trips often generated by conventional businesses. Home businesses are conducted in such a manner as not to give an outward appearance nor manifest any characteristic of a business in the ordinary meaning of the term.
B.
This Article seeks to ensure that home businesses do not infringe upon the right of neighboring residents to enjoy the peaceful and safe occupancy of their homes. Large-scale commercial or professional operations, which would normally be conducted in a commercial or industrial zone district, shall continue to be conducted in those districts and not in a home.
(Ord. 23-1400)
§ 10.6.020.020 General.
A.
Applicability. The provisions of this Article shall only apply to home businesses in residential zone districts. Home businesses are not allowed in residential zones without a home business permit. Home businesses in other zone districts shall be subject to the regulations of the subject district.
B.
Nonconforming Uses. Existing legal nonconforming commercial operations in residential zones are not considered home businesses unless it can be shown that the existing use meets home business requirements.
D.
Prohibited Uses. Vehicle sales, vehicle repair, and any use where the vehicle is the focus of the work, or is a significant part of the home business, are prohibited unless the owner obtains a conditional use permit. The production, processing, wholesaling, and retailing of recreational marijuana, are prohibited as a home occupation in any zoning district.
§ 10.6.020.030 Review Procedures.
A.
Applications. All applications shall meet the requirements of Article 3.010: Application Procedures. The approving authority may require additional site plan and/or vicinity plan information where necessary to adequately review the proposal and/or to determine the location and type of business, and the manner in which it will be conducted.
B.
Review. Applications for home businesses may be processed as administrative actions, per the provisions of Section 10.3.020.040: Administrative Actions. At the Director's discretion, or at the request of the Commission, the applicant or a party(ies) of record who address legitimate criteria, the application may be processed as a conditional use permit, per the provisions of Article 3.050: Conditional Use Permits.
C.
Permits. The Director shall issue a home business permit when the approving authority finds that the proposed home business complies with the requirements of this Article.
§ 10.6.020.040 Review Criteria.
Home businesses shall be subject to the following criteria, unless amended, reduced, waived, or added to by the Commission through the conditional use review process:
A.
The Property.
1.
The home business must be subordinate to a dwelling's residential use.
2.
The home business, or portion of the home business conducted on the property, must be conducted entirely within the dwelling, garage(s), or accessory structure(s) of the person conducting the home business. Incidental loading and unloading is exempt from this requirement.
3.
The home business shall not result in any structural alterations or additions to the dwelling or accessory structure(s) that will change the primary residential use of the property.
4.
There shall be no display, other than the allowed sign and allowed business vehicles, of products or equipment that is visible from outside any buildings or structures.
B.
Storage.
1.
There shall be no outside storage of home business materials or equipment that is visible from the public right-of-way or adjacent properties.
2.
On-site storage of hazardous materials (including toxic, explosive, noxious, combustible, or flammable materials) beyond that normally incidental to residential use is prohibited.
3.
Storage of inventory or products and all other equipment, fixtures, and activities associated with the home business shall be allowed in the dwelling, garage(s), or accessory structure(s).
C.
Employees.
1.
At least 1 adult resident of the home shall be employed in the home business.
2.
Other than dwelling residents, there shall be a maximum of 2 workers per home business.
3.
Additional individuals may be employed by or associated with the home business, so long as they do not report to work at the home.
4.
The home occupation site (the lot on which the home business is conducted) shall not be routinely used as a headquarters for the assembly of employees for instruction or other purposes, including dispatch to other locations.
D.
Signs. One non-illuminated 4 square foot wall sign shall be allowed for each approved home business site.
E.
Addressing. There shall be no separate home business street address.
F.
Hours of Operation, Automobiles, Parking, and Traffic.
1.
Clients or customers are permitted at the home business site Monday through Sunday, between the hours of 7:00 a.m. and 7:00 p.m.
2.
There shall be a limit of 2 business vehicles per home business. For the purposes of this Article, a business vehicle is any vehicle that is used in the conduct of the home business, or which has the name or logo of the home business displayed in any manner on the vehicle. At the Director's discretion, additional home business vehicles may be permitted, providing the intent of this Article is met. The business vehicle shall be of a size that shall not overhang into the public right-of-way when parked in a driveway or other location on the home business site.
3.
Between the hours of 7:00 a.m. and 7:00 p.m. there shall be no more than 3 commercial pickup and/or deliveries at the home business site, and no commercial pickup and/or deliveries between the hours of 7:00 p.m. and 7:00 a.m.
4.
In addition to the off-street parking required for the residential use, there shall be sufficient parking to accommodate all employee and business vehicles. A home business's street frontage, calculated at 20 feet/space excluding curb cuts and clear vision areas, may be considered in calculating the parking requirement. Where the Director determines that the business vehicle and the personal vehicle are the same, the business vehicle may use residential off-street parking requirement.
G.
Off-Site Impacts. Any activity that generates excessive traffic or monopolizes available on-street parking, produces radio or television interference, noise, glare, dust or particulate matter, vibration, smoke or odor beyond the home business site, or beyond allowable levels as determined by local, State, and Federal standards shall not be allowed.
H.
Retail Activity. Any activity involving on-site retail sales (except items that are incidental to the business use, including, but not limited to, beauty products, lesson books, sheet music, and computer software) shall not be allowed.
I.
Other Laws, Ordinances and Regulations. The issuance of a home business permit shall not relieve the applicant from the duty and responsibility to comply with all other rules, regulations, ordinances or other laws governing the use of premises and structures, including, but not limited to, building and fire codes. An existing violation of any rule, regulation, ordinance, or other law is grounds to deny or conditionally approve a home business permit application.
§ 10.6.020.050 Complaints and Revocation of Permits.
A.
Complaints. A complaint concerning the operation of a home business shall be in written form and clearly state the nature of the objection(s) to the business. Upon receipt of a written complaint, the complaint shall be investigated by the Planning Department. The Director shall be authorized to visit the site of a permitted home business during normal business hours. If necessary, the Director is authorized to apply for an inspection warrant pursuant to the provisions of Chapter 1.12 in order to conduct an inspection of the premises. If the complaint is determined to be meritorious, a report shall be prepared for the Planning Commission and the home business shall be notified.
B.
Public Hearing.
1.
A public hearing shall be scheduled before the Planning Commission to consider whether the permit issued for the business should be revoked, modified, or remain in effect with no changes. Notice of the time and place of the hearing shall be provided to the person(s) filing the complaint, and the owner, or where appropriate, the manager of the facility.
2.
The City and the owner or owner's representative shall have the right to present oral or written testimony, and the right to cross examine witnesses presenting testimony adverse to their respective positions. The owner or owner's representative has the right to be represented by legal counsel at their own expense. Irrelevant or unduly repetitious evidence shall be excluded. Relevant evidence means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the complaint more probable or less probable than it would be without the evidence. Hearsay evidence may be admissible for the purpose of supplementing or explaining any direct evidence, but it shall not be sufficient in itself to support a finding unless it would be admissible over objection in a civil action in a court of competent jurisdiction in the State of Oregon.
C.
Permit Revocation. Grounds for which a permit may be revoked or modified include, but are not limited to, the following:
D.
Final Decision. After the consideration of all relevant information and testimony presented, the Planning Commission shall make its decision, based upon substantial evidence. The Planning Commission's decision shall be supported by findings of fact, and shall constitute a final decision. The final decision is appealable per the provisions of Section 10.3.020.080: Appeal Procedures.
§ 10.6.030.010 Purpose.
This Article provides standards and criteria for regulating accessory development. Accessory development includes accessory uses, buildings and structures. Examples of accessory development include, but are not limited to, patios, decks, sheds, shops, detached garages and carports, accessory dwellings, home businesses, and family day care.
(Ord. 19-1373; Ord. 20-1379)
§ 10.6.030.020 General Regulations.
Accessory development shall be subject to the same requirements as the principal uses with each zone district except as otherwise provided below:
A.
Nonconforming Development. Accessory development involving nonconforming uses, buildings and structures is subject to the requirements of Article 3.090: Nonconforming Development.
B.
Size. Accessory development shall be subordinate in size to the primary use.
C.
Location.
1.
A required side or rear yard setback may be reduced to 3 feet for detached accessory buildings or structures that do not require a building permit, except as allowed in paragraph 3 below. The distance shall be measured from the common property line to the building or structure's eve line.
2.
Garage and carports accessory to residential uses with vehicle entrances facing a side street shall be set back a minimum of 20 feet from the property line.
3.
Rear yard or side yard setbacks for garage/carports on alleys may be waived per the following:
a.
Garage/carports opening onto alleys with established 20-foot rights-of-way may be set back zero feet from the right-of-way.
b.
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.
4.
No rear yard setback is required for detached accessory buildings if the rear yard abuts an alley that has at least a 20-foot right-of-way. If the alley right-of-way is less than 20 feet in width, detached accessory structures that may be located up to 10 feet from the center line of the right-of-way.
D.
Height. The height of accessory structures shall not exceed 80% of the primary structure's height, or 18 feet, whichever is higher.
(Ord. 19-1373; Ord. 20-1379)
§ 10.6.030.030 Accessory Dwellings.
Accessory dwelling units (ADU) are allowed in certain situations to:
A.
Create new housing units while respecting the look and scale of a single-family development;
B.
Increase the housing stock of existing neighborhoods in a manner that is less intense than alternatives;
C.
Allow more efficient use of existing housing stock and infrastructure;
D.
Provide a means for residents, particularly seniors, single parents, and families with grown children, to remain in their homes and neighborhoods, and obtain extra income, security, companionship and services; and
E.
Provide a broader range of accessible and more affordable housing.
(Ord. 20-1379)
§ 10.6.030.040 General Regulations.
An ADU may be located in a detached accessory structure, an attached addition to a primary dwelling, or within a space internal to a primary dwelling, such as a converted basement. A garage may be converted to an ADU provided that the off-street parking requirement for the primary dwelling unit continues to be met. ADUs are permitted subject to the following provisions:
A.
In the RL zone, one ADU is permitted outright as an accessory use to a permitted single-family dwelling.
B.
In the RM, RH, NC, and CBC zones, ADUs are permitted as follows:
1.
One ADU may be permitted outright as an accessory use to a permitted single-family attached or detached dwelling.
2.
Two ADUs may be permitted on the same lot as a permitted single-family attached or detached dwelling if one ADU is in a detached accessory structure and the other ADU is either internal to the house, or in an addition attached to the house, and the lot has a minimum area of 5,000 square feet. An application for a second ADU on a single lot must be reviewed as an Administrative Action.
3.
Duplex. One detached ADU is permitted outright as an accessory use to a duplex if the lot has a minimum area of 5,000 square feet. An application for an ADU on a lot with an existing duplex must be reviewed as an Administrative Action.
C.
In the CG and CLI zones, one ADU is permitted outright as an accessory use to an existing nonconforming single-family dwelling.
D.
Density. See Section 10.6.170.040(C) for minimum required and maximum allowed density standards for accessory dwelling units.
(Ord. 20-1379; Ord. 23-1395)
§ 10.6.030.050 Accessory Dwelling Development Standards.
In addition to the applicable standards in the zoning district, ADUs must meet the following development standards:
A.
Drainage, Sanitary Sewer and Water. Adequate provision shall be made for drainage, water and sewage waste.
B.
City Ordinances. The ADU shall meet all applicable City Ordinances.
C.
Lot Requirements. The lot requirements (width, depth, area, coverage, etc.) on which the primary dwelling and ADU are located shall be met.
D.
Front Setbacks. Detached ADUs must be located behind a line established parallel with the front building line of the primary dwelling.
E.
Rear Setbacks. The minimum rear setback for an ADU may be reduced to 0 feet (zero lot line) if the structure is less than 20 feet in height or the rear lot line abuts an alley.
F.
Privacy Standards. The following standards are intended to protect the privacy of adjacent properties. Privacy standards are required along wall(s) of a detached ADU, or portions thereof, that are within 20 feet of a side or rear lot line that faces a residential property. A detached ADU meets the privacy standard if either of the following standards is met.
1.
All windows on a wall are placed in the upper third of the distance between a floor and ceiling. This standard applies to windows on exterior doors.
2.
Visual screening is provided along the portion of a property line that faces the wall of the ADU, plus an additional 10 linear feet beyond the corner of the wall. The screening shall be opaque; shall be at least 6 feet high; and may consist of a fence, wall, or evergreen shrubs. Newly planted shrubs shall be no less than 5 feet above grade at time of planting, and they shall reach 6 feet high within 1 year. Existing features on the site may be used to comply with this standard.
G.
Maximum Size. The gross floor area of the ADU shall not exceed 75% of the gross floor area of the primary dwelling (exclusive of garage[s] and unfinished basements) up to a maximum floor area of 800 square feet. All areas being used as living space shall be counted toward the maximum allowance of 800 square feet, whether or not those areas were originally built or intended to be used for habitation. In the case of a duplex, the size of the accessory dwelling unit may be no more than 75% of the living area of the smaller of the 2 primary units or 800 square feet, whichever is less. Two exceptions to this maximum size are permitted:
1.
Basement ADUs. The total floor area of a basement of the primary dwelling may be used as the ADU, provided the basement area does not exceed the size of the primary dwelling.
2.
Large Lots. On lots zoned RL that are at least 10,000 square feet and include an existing primary dwelling, the gross floor area of the ADU may be up to 1,000 square feet or 60% of the living area of the primary dwelling, whichever is less.
H.
Parking. No off-street parking needs to be provided for one ADU on a single lot, so long as the parking requirements for the primary dwelling units are met. A second ADU on a single lot must provide one off-street parking space in addition to the spaces required for the primary dwelling unit. If off-street parking is provided, the parking area shall not be located within any required front and side yard setback, other than existing and/or approved driveways.
I.
Addressing. The ADU shall be legally addressed with the street address of the primary dwelling plus the designation "Suite B."
(Ord. 19-1373; Ord. 20-1379; Ord. 21-1384)
§ 10.6.040.010 Purpose.
This Article provides standards and criteria for regulating conversions of single-family detached housing into duplexes.
(Ord. 21-1384)
§ 10.6.040.020 Middle Housing Conversion Regulations.
Conversion of a single-family detached home to a duplex is permitted under the following conditions:
A.
In the RL, RH, RM, NC, and CBC residential zones.
B.
The conversion to a duplex shall not increase non-conformance with current development standards.
C.
A conversion to a duplex is exempt from additional design standards.
D.
Separate utility connections are provided for the additional unit.
E.
A separate entry is provided or available for the additional unit, either on the side or front of the house.
(Ord. 21-1384)
§ 10.6.050.010 Purpose.
The purpose of this Article is to manage access to land development while preserving the flow of traffic in terms of safety, capacity, functional classification, and level of service. The number and placement of driveways is established to reduce traffic conflicts by limiting and clearly defining the function of openings onto streets. This Article balances the right of reasonable access to private property with the rights of the citizens of the City to safe and efficient pedestrian, bicycle and vehicle travel. This Article is adopted to implement the access management policies of the City as set forth in the Transportation System Plan and State Highway Access Management policies.
§ 10.6.050.020 Applicability.
The provisions in this Article shall apply to all arterials, collectors, and local streets within the City of The Dalles and The Dalles urban growth boundary, and to all properties which abut these roadways. The access classification system and standards of the Oregon Department of Transportation shall apply to all roadways on the State Highway System. The provisions of this Article shall not be construed to deny access to legal lots of record existing prior to the adoption date of this Title.
§ 10.6.050.030 General Requirements.
A.
Unified Access and Circulation. In the interest of promoting unified access and circulation systems, development sites under the same ownership or consolidated for the purposes of development and comprised of more than one building site shall not be considered separate properties in relation to the access standards of this Title. The number of connections permitted shall be the minimum number necessary to provide reasonable access to these properties, not the maximum available for that frontage. All necessary easements, agreements, and stipulations required by this Article shall be met. The owner and all lessees within the affected area are responsible for compliance with the requirements of this Title and both shall be cited for any violation.
B.
Connectivity. The street system of any proposed development shall be designed to coordinate with existing, proposed, and planned streets outside of the development. Where required by the approving authority, public street improvements may be required through a development site to provide for the logical extension of an existing street network or to connect a site with a nearby neighborhood activity center, such as a school or park. Where this creates a land division incidental to the development, a land partition shall be completed, per the provisions of Article 9.030: Partitions, Minor Replats, and Lot Line Adjustments, concurrent with the development.
C.
Corner Clearance.
1.
No new connections to public streets shall be permitted within the functional area of an intersection or interchange as defined by the spacing standards in Section 10.6.050.040 of this Article, unless no other reasonable access to the property is available.
2.
Where no other alternatives exist, the approving authority may allow construction of an access connection along the property line farthest from the intersection. In such cases, directional connections (for example: right in/out, right in only, right out only, medians) may be required.
D.
Joint and Cross Access. Adjacent commercial/office properties which are open to the public shall provide a cross access drive and pedestrian access to allow circulation between sites, and shall be subject to the following:
1.
A system of joint use driveways and cross access easements shall be established wherever feasible and shall incorporate the following:
a.
A continuous service drive or cross access corridor extending the entire length of each block served to provide for driveway separation consistent with the access management classification system and standards.
b.
A design speed of 10 mph and a maximum width of 22 feet to accommodate two-way travel aisles designated to accommodate automobiles, service, emergency, and loading vehicles.
c.
Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross-access.
d.
A unified access and circulation system plan for coordinated or shared parking areas.
2.
Shared parking areas shall be permitted a reduction in required parking spaces per the provisions of Section 10.7.020.060: Shared Parking or Section 10.7.020.070: Parking in Mixed Use Development.
3.
Where joint and cross access is provided, property owners shall:
a.
Record an easement with the deed allowing cross access to and from other properties served by the joint use driveways and cross access and/or service drive.
b.
Record an agreement with the deed that remaining access rights along the roadway will be dedicated to the City and pre-existing driveways will be eliminated after construction of the joint use driveway.
c.
Record a joint maintenance agreement with the deed defining the maintenance responsibilities of the property owners.
4.
The approving authority may modify or waive the requirements of this Article where the characteristics or layout of abutting properties would make development of a unified or shared access and circulation system impractical.
E.
Emergency Access. All development shall be arranged on site so as to provide safe and convenient access for emergency vehicles.
F.
Nonconforming Access. Permitted access connections which are in place as of the date of adoption of this Title that do not conform to the standards in this Article shall be designated nonconforming, and shall be brought into compliance with the applicable standards when any of the following occur:
1.
A new access connection permit(s) is approved.
2.
Structures or parking areas are enlarged by more than 20% of their respective total area.
3.
A change of use occurs on a specific site(s) which requires review, per the provisions of Article 6.150: Changes to Uses and Structures.
4.
A 20% increase in trip generation occurs.
5.
As roadway improvements allow.
G.
Phased Development Requirements. Each phase of a phased development, including the final development, shall be planned to conform to the provisions of this Article.
H.
Double Frontage Lots. When a residential subdivision is proposed that would abut on an arterial, through lots along the arterial shall be provided with access from a frontage road or interior local street. The access rights of these lots to the arterial shall be dedicated to the City and recorded with the deeds. A berm or buffer yard may be required at the rear of the through lots to buffer residences from traffic on the arterial. The berm or buffer yard shall not be located within the public right-of-way.
I.
In addition to the spacing standards in Section 10.6.050.040, access shall be taken from lower classification streets whenever possible.
§ 10.6.050.040 Access Standards.
A.
Separation Standards. Separation between access points shall conform to the access spacing standards as specified below in Table 1; however, access separation may be reduced to accommodate characteristics specific to a proposed site and/or use. In cases where separation is reduced below the preferred spacing standard, the reduction shall not be less than the appropriate stopping sight distance standard listed in Table 2 for arterial and collector streets, unless the approving authority finds that all of the provisions of Section 10.6.050.050 of this Article have been met. In no case shall the residential spacing standards for local residential streets listed in Table 3 be reduced.
B.
Vertical and Horizontal Curves. Plans should be checked in both the vertical and horizontal plan for site distance obstructions. If vertical or horizontal curves are located within the City's preferred access separation distance, a licensed professional engineer specializing in traffic shall recommend the spacing standard.
C.
Oregon Department of Transportation (ODOT) Jurisdiction. ODOT access classification systems and standards shall apply to all roadways on the ODOT State Highway System.
Table 1: Access Spacing Standards for City Roadways. | ||
|---|---|---|
Functional Classification | Minimum Speed Posted | Minimum Spacing between Driveways and/or Streets |
Arterial Street (2-Way) | 25 - 40 mph | 300 - 400 feet |
Arterial Street (1-Way) | 25 - 35 mph | 150 - 300 feet |
Major Collector Street | 25 - 35 mph | 150 - 300 feet |
Minor Collector Street | 25 - 35 mph | 75 - 150 feet |
Major/Minor Collector Street in Industrial Area | 25 - 35 mph | 150 - 300 feet |
Table 2: Stopping Sight Distances, Arterials and Collectors (Spacing standards based on straight sight lines) | |
|---|---|
Posted Speed (MPH) | Stopping Sight Distance (feet) |
20 | 125 |
25 | 150 |
30 | 200 |
35 | 250 |
40 | 300 |
Table 3: Residential Minimum Spacing Standards | |
|---|---|
Local Residential Streets | Spacing |
20 - 25 MPH | • Interior Lots: 10 feet (shared driveways allowed) |
• Corner Lots: minimum 5 feet and maximum 10 feet from the interior property line | |
* | NOTE: Access to lots of record existing at the time of adoption of this Title shall not be denied. Table 1 identifies the City's access spacing standards as they relate to new development and redevelopment. Separation requirements between street intersections are listed in Section 10.9.020.020(B)(2): Size. |
§ 10.6.050.050 Exceptions to Standards.
The City may allow a reduction in the required minimum separation distance between access points on arterial and collector streets where such separation is impractical, due to existing street frontage, topography, natural resources, or physical barriers; provided a minimum separation based on safety is maintained and all of the following requirements are met:
A.
The City may allow a reduction in the required minimum separation distance between access points on arterial and collector streets where such separation is impractical due to existing street frontage, topography, natural resources, or physical barriers; provided a minimum separation based on safety is maintained and all of the following requirements are met:
1.
Public Safety. A licensed professional engineer specializing in traffic submits proof that a reasonable standard of public safety applies.
2.
Elimination of Replaced Access Points. The property owner enters into an agreement with the City to close and eliminate pre-existing connections on site which are being replaced by the new access point.
3.
Legal Lots of Record. The lot is a legal lot of record.
B.
The City may require one or more of the following as a condition of approval of an exception to the minimum access spacing standards:
1.
The nonconforming access be closed at such time that reasonable access becomes available to a local public street.
2.
The proposal includes agreement(s) with adjacent land owners to provide either joint access points, front and rear cross-over easements, or a rear access upon future redevelopment.
§ 10.6.060.010 Purpose.
This Article establishes driveway and entrance standards to ensure that traffic congestion and hazards are avoided, vehicular and public safety are protected, and adequate vehicular circulation is maintained at connections to City streets and alleys.
§ 10.6.060.020 General Standards. [1]
No approach/entrance shall be built closer than 5 feet to any property line except as authorized below in Section 10.6.060.050: Shared Driveways. The length of driveways shall be designed to accommodate the anticipated storage length for entering and exiting vehicles to prevent vehicles from backing up into the flow of traffic on a public street or causing unsafe conflicts with on-site circulation. In addition, driveways and entrances shall meet the following applicable requirements:
A.
Arterial, Collector, and Commercial/Industrial Local Streets.
1.
Width and Number. The number of driveways and other access points shall be determined by the City Engineer based on the needs of the property owner, the size, location, and configuration of the property, the adjacent streets and driveways, and other factors as determined by the City Engineer.
2.
Commercial/Industrial Driveways. Driveways for properties zoned commercial or industrial can apply for approval for driveways wider than 35 feet upon demonstrating that a need for a wider driveway exists. The applicant must provide a report from a licensed engineer showing that a 35-foot driveway is not sufficient. The applicant must also show the proposed driveway is safe, that the result will be compatible with adjacent properties, and that the driveway location will satisfy the provisions of Section 10.6.050.030(C)(1).
3.
Angle. All two-way driveways/entries shall have a right angle intersection with the street. One-way driveways/entries may be placed on a 60 degree angle.
4.
Maneuvering Within Street. All drives and entrances shall be designed for forward in/forward out vehicle movement only. No backing movements or other maneuvering within the street right-of-way are allowed.
B.
Residential Local Streets and Alleys.
1.
Width. No entrance shall be less than 12 feet wide. Driveway width shall be practical to serve the development, and, where determined by the Fire Marshal to be necessary for the purposes of fire fighting and life safety, shall be a minimum of 12 feet wide. Number and width of driveways/entrances shall also be in accordance with the following table:
Frontage | Maximum Width, One Driveway | Maximum Width, Two Driveways |
|---|---|---|
Up to 50 feet | 20 feet | Two driveways not permitted |
51 to 100 feet | 24 feet | 15 feet each |
Over 100 feet | 24 feet | 24 feet each |
2.
Angle. All driveways and entrances shall have a right angle intersection with the street, except one-way driveways/entries which may be placed on a 60 degree angle.
3.
Maneuvering Within Street.
a.
One- and Two-Family Dwellings. Ninety degree in/back out vehicular movements will be allowed for single-family and duplex dwellings with 4 or fewer parking spaces only. Other angles may be allowed with the approval of the City Engineer, based on unique topographic conditions that may exist on site.
b.
Rear Lot Development. All driveways serving rear lot development shall be designed for forward in/forward out vehicle movement only.
c.
Other Permitted Uses. All drives or entrances accessing uses other than one- and two-family dwellings or accommodating groups of more than 4 parking spaces shall be designed for forward in/forward out vehicle movement only. No backing movements or other maneuvering within the street right-of-way will be allowed.
4.
Nonconforming Driveways. With approval of the Director, existing nonconforming driveways that cannot practically meet current driveway standards can be approved for a 3-foot wing and reduced minimum width.
§ 10.6.060.030 Grade.
A.
At Sidewalk. Driveway and entrance grade at the sidewalk shall not exceed 2%. Where the sidewalk forms part of the entrance apron, the sidewalk shall bump out around the apron to allow for the 2% grade.
B.
Approach Grade. Approach grades for all driveways on arterial or collector streets shall not exceed 5% for the first 20 feet.
C.
Grade Preferred drive grade is 12% or less.
§ 10.6.060.040 Surfacing.
Drive approaches installed in the public right-of-way shall be constructed of concrete, in accordance with City Public Works Department Standards. Driveways on private property shall meet the requirements set out in subsection B or C of this section.
A.
Drive Pads. Runners are generally not acceptable for use as driveway approaches. Pavement may be required for up to the full length of a driveway, but in no event less than 20 feet back from the right-of-way. Pavement width shall be a minimum of 12 feet. Driveway approaches to alleys may be constructed of concrete, asphalt, pavers, or other hard surface approved by the City Engineer. Gravel alley approaches may be allowed with the approval of the City Engineer.
B.
Driveways Connecting to Arterial and Collector Streets.
1.
Zero to 5% Grade. Surface with pavers, asphalt, concrete, chip seal (oil matte), or other surface approved by the City Engineer based on unique topographic conditions.
2.
Greater than 5%. Surface with asphalt, concrete, or other surface approved by the City Engineer based on unique topographic conditions.
3.
Grades over 10% require prior approval from both the City Engineer and Fire Marshal.
C.
Drives and Entrances from Local Streets.
1.
One- and Two-Family Dwellings. Surface with pavers, asphalt, or concrete, concrete runways (2′ 6″ wide, runways 2′ 8″ apart, widened for all turns), chip seal, or other surface approved by the City Engineer, based on unique topographic conditions. Concrete runways shall not be allowed on grades over 5%.
2.
All Other Development. Surface with asphalt, concrete, or other surface approved by the City Engineer, based on unique topographic conditions.
3.
Grades over 10% required approval from both the City Engineer and the Fire Marshal.
§ 10.6.060.050 Shared Driveways.
Shared driveways will be encouraged in commercial and industrial zones (in accordance with the provisions of Article 6.050: Access Management) in order to minimize the number and width of entrances onto City streets. Shared driveways of up to 30 feet in width may be allowed in residential zones with the approval of the City Engineer.
§ 10.6.070.010 Purpose.
This Article explains how measurements are made in this Title.
§ 10.6.070.020 Rounding.
When calculations required or allowed by this Title result in fractions, the results shall be rounded to a fraction truncated to the hundredths place (e.g., 3.4235 shall be truncated to 3.42, and 3.42 shall be applied). Where the resulting fractional part of a calculation is equal to or greater than 0.50, the result shall be rounded up to the next whole number (e.g., 3.51 shall be rounded to 4.00, and 4.00 shall be applied). Where the resulting fractional part of a calculation is less than 0.50, the result shall be rounded down to the preceding whole number (e.g., 3.49 shall be rounded to 3.00, and 3.00 shall be applied).
(Ord. 23-1395)
§ 10.6.070.030 Measuring Distances.
A.
Distances.
1.
Distances are measured horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate property line, edge of building, structure, storage area, parking area, or other object. These distances are not measured by following the topography of the land. See Figure 6-1.
 Figure 6-1 |
2.
Measurements are shortest distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the shortest distance between the 2 objects. See Figure 6-2. (Exceptions are stated in subsections B, C, and D of this section.)
 Figure 6-2 |
B.
Vehicle Travel Areas. Measurement of a minimum travel distance for vehicles, such as garage entrance setbacks and stacking lane distances, are measured down the center of the vehicle travel area. For example, curving driveways and travel lanes are measured along the arc of the driveway or traffic lane. See Figure 6-3.
 Figure 6-3 |
C.
Measurements Involving a Structure. Measurements involving a structure are made to the closest wall of the structure. Chimneys, eaves, and bay windows up to 12 feet in length, are not included in the measurement. Other items, such as covered porches and entrances, are included in the measurement. See Figure 6-2 above, and Article 6.080: Projections Into Yards.
D.
Underground Structures. Structures or portions of structures that are entirely underground are not included in measuring required distances. See Figure 6-4.
 Figure 6-4 |
§ 10.6.070.040 Determining Zoning Boundaries.
Zone boundaries that are shown crossing lots are usually based on a topographic feature or a set measurement from a property line or topographic feature, such as the top of slope, middle of stream, 25 feet from top of bank, or 30 feet from property line. When zone boundaries are shown crossing properties with no clear indication of the basis for the line, exact distances are to be determined by scaling the distances from the Official Zoning Map, using the center of the zoning line.
§ 10.6.070.050 Measuring Height.
A.
Building Height. Height of buildings is generally measured as provided in the Oregon Structural Specialty Code. The height of buildings is the vertical distance above the base point described in paragraphs 1 and 2 below. The base point used is the method that yields the greater height of building. All measurements shall be to the highest point of the roof, except for a stepped or terraced building. The height of a stepped or terraced building is the maximum height of any segment of the building.
1.
Base Point 1. Base point 1 is the elevation of the highest adjoining sidewalk or ground surface within a 5-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above lowest grade. See Figure 6-5.
2.
Base Point 2. Base point 2 is the elevation that is 10 feet higher than the lowest grade when the sidewalk or ground surface described in paragraph 1 above, is more than 10 feet above lowest grade. See Figure 6-6.
 Figure 6-5 (Base Point 1) Figure 6-6 (Base Point 2) |
B.
Height of Other Structures. The height of other structures such as flag poles and communications towers is the vertical distance from the ground level immediately under the structure to the top of a structure, excluding exempted portions. When chimneys and other objects are allowed to exceed the base height of the zone by a set amount, that set amount is measured to the top of these objects. Special measurement provisions are also provided as follows:
1.
Fences and Walls. Fences, walls, and fences on top of retaining walls are measured from the ground level on the higher side of the fence or wall. See Figure 6-8.
 Figure 6-8 |
2.
Height of Decks. Deck height is determined by measuring from the ground to the top of the floor of the deck if there is no rail or if the rail walls are more than 50% open, and from the ground to the top of the rails for all other situations. (Note: Reference the Oregon Structural Specialty Code for railing requirements.)
§ 10.6.070.060 Determining Average Slope.
When calculating the slope of a lot an average slope is used based on the elevations at the corners of the lot. The average slope of a lot is calculated by subtracting the average elevation of the downhill lot line from the average elevation of the uphill lot line and dividing the sum by the average distance between the two lot lines. The average elevation of the uphill or downhill lot line is calculated by adding the elevations at the ends of the lot line and dividing by two. See Figure 6-9.
 Figure 6-9 |
§ 10.6.070.070 Determining the Garage Wall Area.
The garage wall area is determined by calculating the area of the specific side of a structure that is backed by garage space. The garage wall area is not limited to the area of the garage door; it includes all the area on the specified side of a structure between the ceiling, floor, and walls of the garage. See Figure 6-10.
 Figure 6-10 |
§ 10.6.070.080 Measuring Lot Widths and Depths.
Lot widths and depths are measured from the midpoints of opposite lot lines. See Figures 6-11 and 6-12.
 Figure 6-11 Figure 6-12 |
§ 10.6.070.090 Setback Averaging.
Certain regulations allow for setbacks to be averaged. In these situations the required setback may be reduced to the average of the existing setbacks of the lots that are on both sides of the site. See Figure 6-13 on the following page. The following rules apply in calculating the average:
A.
Same Type of Setback. The setbacks used for the calculations must be the same type of setback that is being averaged. For example, only garage entrance setbacks can be used to average a garage entrance setback.
B.
Must Abut. Only the setbacks on the lots that abut each side of the site and are on the same street may be used. Setbacks across the street or along a different street may not be used.
C.
Vacant Lots. When one abutting lot is vacant or if the lot is a corner lot, then the average is of the setback of the non-vacant lot and the required setback for the zone.
 Figure 6-13 |
§ 10.6.070.100 Measuring Tree Diameter.
Unless otherwise specified in this Title, tree diameter is measured at a height of 5 feet above the ground. In all cases, trees on slopes are measured from the ground level on the lower side of the tree. If the tree splits into multiple trunks below 5 feet, the trunk is measured at its most narrow point below the split.
§ 10.6.070.110 Survey Requirement.
When a building is proposed to be placed close to a required setback, or close to a property line if no setback is required, the City may require the applicant to obtain a survey to locate the property line. In determining whether a survey should be required, factors to be considered include how close the building is proposed to be to the required line, evidence of prior surveys, other indications of the location of the property line, disputes from neighbors, and other relevant factors.
§ 10.6.080.010 Projections into Yards.
Projections from buildings into required yards shall meet the following criteria. See Article 6.070: Measurements for measuring requirements.
A.
Architectural Features.
1.
Architectural features such as cornices, eaves, canopies, sunshades, gutters, chimneys, fireplaces, and flues may project up to 3 feet into a required yard, provided a 30-inch minimum setback is maintained from any property line. Structures that are open on three sides, with a minimal number of support beams, are subject only to the setback requirements of this paragraph, and are exempt from the provisions of paragraph 2 below.
2.
Architectural features shall not include any portion of a structure built for the support, conveyance, occupancy, shelter, or enclosure of persons or property of any kind.
B.
Porches, Terraces, Decks, Balconies, Patios, and Fire Escapes.
1.
Front and Rear Yards.
a.
Porches, terraces, decks, patios, and balconies that are limited in elevation to the first floor of the building may project or extend into a required front or rear yard up to 5 feet from the property line.
b.
Fire escapes may project into the front or rear yard up to 5 feet from the property line.
2.
Side Yards.
a.
Porches, terraces, decks, patios, and balconies less than 10 inches above grade may project or extend into a required side yard up to the property line.
b.
Uncovered terraces, decks, patios, and balconies greater than 10 inches above grade, and fire escapes may project or extend into a required side yard up to 3 feet from the property line.
§ 10.6.090.010 Height Limitation Exceptions.
A.
General.
1.
Except for the requirements of subsection B below, height limitations shall not apply to grain elevators or water towers.
3.
In nonresidential zones, except for the requirements of subsection B below, necessary roof structures, elevator shaft housings, towers (except wireless communication towers), steeples, aerials, smoke stacks, solar or wind energy devices, and other similar objects (except flagpoles, which are described below in paragraph 4) not used for human occupancy with a height limit, measured from the adjacent grade, of 75 feet or less are not subject to the zone district height limits. Where the structure exceeds 75 feet, a conditional use permit shall be required, per the provisions of Article 3.050: Conditional Use Permits. The structure in question shall be considered a permitted conditional use for purpose of the required conditional use permit application. In residential zones, typical roof structures such as chimneys and vents are allowed over the height limitation.
4.
Flagpoles shall be limited in height to the greater of 20 feet or 110% of the maximum height of the primary structure.
B.
Airport Protection. In order to ensure safety in the operation of public-use airports, no structure, object or natural growth shall be erected, altered, or allowed to intrude into any airway imaginary surface established under the provisions of Federal Aviation Regulations (FAR) Part 77. Variances may be granted only after approval by the Federal Aviation Administration (FAA) and the Oregon Aeronautics Division of the Oregon Department of Transportation.
(Ord. 23-1400)
§ 10.6.100.010 Purpose.
Vision clearance areas shall be provided on all lots and parcels located at corner intersections of all streets, and at intersections of alleys with streets, to promote pedestrian, bicycle and vehicular safety.
§ 10.6.100.020 Exemption.
Vision clearance at street intersections and alley intersections with streets shall not be required in the CBC - Central Business Commercial District.
§ 10.6.100.030 Clear Vision Areas.
A clear vision area shall be the area on private property which falls within the clear vision triangle. The clear vision triangle shall be formed on 2 sides by the sight lines of the driver in a vehicle at a stop sign. (The third side of the triangle connects the 2 sight lines.) The distance of the sight lines is relative to the posted speed limit and specified below. On controlled intersections, the position of the driver shall always be assumed to be 15 feet back from the line of the intersecting street at intersections of streets with streets, and 10 feet back from the line of the intersecting street at intersections of alleys with streets. Where intersections are uncontrolled, the position of the driver shall also be the sight distance back from the extended intersection. Stop control is required on the minor intersecting street, and is assumed on intersecting alleys and driveways.
A.
Residential Street Intersections (25 mph). Clear vision areas shall be formed by sight lines measured back 115 feet from the position of the driver.
 |
B.
Minor Collector Street Intersections (25 to 35 mph). Clear vision areas shall be formed by sight lines measured back 115 feet from the position of the driver where the speed limit is 25 mph, 130 feet from the position of the driver where the speed limit is 30 mph, 160 feet from the position of the driver where the speed limit is 35 mph.
§ 10.6.100.040 Clear Vision Requirements.
Vision clearance areas shall contain no plantings, fences, walls, screens, structures, or permanent or temporary obstructions exceeding 24 inches in height, measured from the top of the pavement, with the following exceptions:
A.
Trees. Trees are allowed in the clear vision area only when all branches and foliage are removed from the trunk to a height of 9 feet above the top of the curb.
B.
Other. Traffic control devices, street lights, signs erected for public safety, and utility installations meeting the approval of the City Engineer.
§ 10.6.100.050 Clear Vision Easements.
Vision clearance easements shall be required on corner properties at intersecting streets for all new development. The vision clearance easement area shall be determined per the provisions of Section 10.6.100.030 of this Article. Once determined, the vision clearance easement shall be granted to the City, deed recorded, and shown on the plat or parcel map as an easement for vision clearance.
§ 10.6.110.010 Waiver of Right to Remonstrate.
Effective February 12, 2007, an applicant who submits a request for a single-family dwelling building permit, or a single-family accessory structure, will not be required to execute a waiver of remonstrance agreement for the formation of a local improvement district. Waivers of remonstrance shall be required for nonresidential planning actions and for other building permit applications if the proposed development would increase traffic flow on any street not fully improved to City standards. Waiver of remonstrance agreements executed prior to February 12, 2007, shall be processed pursuant to the provisions of Chapter 2.04, which set forth the procedures for formation of local improvement districts.
§ 10.6.120.010 Purpose.
This Article describes the different types of manufactured dwellings and their location and siting requirements.
§ 10.6.120.020 Background.
Manufactured dwellings fall into three categories: residential trailers, mobile homes, and manufactured homes (see Chapter 10.2 - Definitions). Buildings and structures subject to the State of Oregon Structural Specialty Code (i.e., modular structures) or those identified as recreational vehicles by the manufacturer are not considered manufactured dwellings. For the purposes of this Title, manufactured dwellings shall be divided into two categories: residential trailers/mobile homes, and manufactured homes. Different requirements apply to each category per State law and these regulations.
§ 10.6.120.030 Residential Trailers and Mobile Homes.
A.
Location. Residential trailers and mobile homes shall only be located in the RM - Medium Density Residential zone district, except where permitted as a temporary on-site construction office, or as an approved dwelling for care-taking, maintenance or security personnel.
B.
Set-Up. The minimum set-up, stand, anchoring, and skirting requirements shall be those established for manufactured dwellings by the Oregon State Department of Commerce, Building Codes Division.
C.
Patios, Awnings and Carports. All single-wide mobile homes, excluding residential trailers, shall have at least 1 patio or porch awning, or a carport, constructed of light-weight manufactured materials and anchored to the ground and the awning track of the mobile home. (Single-wide mobile homes in manufactured dwelling parks shall be exempt from this requirement.)
E.
Insignia of Compliance for Mobile Homes. All mobile homes shall bear an "Insignia of Compliance" as provided by Oregon State Law. However, the Director may waive this requirement for units constructed prior to January 1, 1962, or for units constructed outside of the State of Oregon, provided that evidence is submitted indicating that the unit substantially complies with Oregon State laws.
(Ord. 23-1400)
§ 10.6.120.040 Manufactured Dwellings.
In addition to the following, manufactured homes shall comply with all of the requirements of this and other City ordinances that would apply to a conventional single-family residential dwelling on the same lot:
A.
Location.
1.
Manufactured homes shall be an allowed use on all land where single-family residential uses are allowed, except areas designated as historic districts, and residential land immediately adjacent to a historic landmark.
2.
This section shall not be construed as abrogating a recorded restrictive covenant.
B.
Set-up.
1.
RM - Medium Density Residential District. The minimum set-up and stand requirements shall be those established for manufactured dwellings by the Oregon State Department of Commerce, Building Codes Division, at the time the home is placed.
2.
All Other Zone Districts (Excluding RM). Manufactured homes shall be placed on an excavated and back-filled foundation and enclosed at the perimeter. The enclosing material used shall be in compliance with the appropriate Oregon State Structural Specialty Code regulations in effect at the time of home placement.
C.
Home Size. All manufactured homes on individual lots meet the following minimum requirements (manufactured dwellings in mobile home parks are exempt from these home size provisions):
1.
RL - Low Density Residential District. Double-wide or wider (multi-sectional), 1,000 square feet of livable floor area.
2.
RH - High Density Residential District. Double-wide or wider (multi-sectional), 900 square feet of livable floor area
3.
RM - Medium Density Residential District. Single-wide or wider.
D.
Roof Pitch. The minimum roof pitch shall be 3 feet in height for each 12 feet in width.
(Ord. 21-1384; Ord. 23-1400)
§ 10.6.130.010 Purpose.
The purpose of this Article is to permit the temporary siting of a manufactured dwelling or recreational vehicle (RV) on a developed single-family or duplex lot when it can be shown that a family member must be near another family member in order to receive adequate care for a physical or mental impairment, infirmity or other disability.
(Ord. 21-1384)
§ 10.6.130.020 Exclusion.
This hardship exemption shall not apply to properties located within established historic districts.
§ 10.6.130.030 Review Procedures.
A.
Applications. In addition to the requirements of Article 3.010: Application Procedures, applications for hardship exemptions shall be accompanied by a site plan indicating all existing and proposed building footprints and uses, distances between existing and proposed buildings, setback distances from all property lines, and existing and proposed driveways, accessways and off-street parking.
B.
Review. Applications for hardship exemptions shall be processed as administrative actions, per the provisions of Section 10.3.020.040: Administrative Actions.
C.
Time Limit. A temporary family hardship permit shall be valid for one year from the date permit is issued, or until the hardship ceases to exist, whichever comes first, subject to renewal as specified below in subsection D below.
D.
Renewal. Hardship permits may be renewed annually. At least 45 days prior to the expiration of the permit, a hardship permit holder seeking renewal shall submit a renewal application with the required fees. The renewal applications shall be processed in the same manner as the initial application.
§ 10.6.130.040 Review Criteria.
A temporary hardship exemption permit shall be granted only if all of the following criteria are met:
A.
Need. A written communication is submitted to the Department from a physician, therapist, or professional counselor which provides satisfactory evidence that the family member on whose behalf the hardship permit is being sought is suffering either a physical or mental impairment, infirmity, or is otherwise disabled and must be near another family member in order to receive adequate care.
B.
Residential Property. The lot on which the temporary manufactured dwelling would be placed is a permitted or legal nonconforming single-family lot of record.
C.
Single-wide. The temporary manufactured dwelling is limited to a single-wide structure with no more than 2 bedrooms and 800 square feet of livable floor area.
D.
Setbacks. The temporary dwelling shall be set back a minimum of 10 feet from the primary dwelling and all interior and exterior lot lines.
F.
Access. The property owner shall maintain a pedestrian and vehicular access drive to the temporary manufactured dwelling (capable of supporting the weight of emergency vehicles) for the purpose of emergency access and future removal of the manufactured dwelling.
G.
Placement.
1.
The temporary manufactured dwelling shall not be placed on a permanent foundation, but shall meet all set-up requirements of the State of Oregon.
2.
Permanent grading and/or filling is not permitted in order to accommodate the hardship dwelling, however a maximum of 12 inches of cut and/or fill is allowed for minor leveling.
3.
Dwellings and vehicles on wheels shall have their wheels adequately blocked to prevent movement.
H.
Screening. The temporary manufactured dwelling shall be screened from abutting properties with a 75% opaque site-obscuring wall or fence 6 feet in height, or vegetation at least 6 feet in height. (This requirement can be met by existing or new materials.)
I.
Skirting. The temporary manufactured dwelling shall be skirted with material which in design, color, and texture appears to be an integral part of the adjacent exterior wall of the manufactured dwelling.
J.
Water and Sanitary Sewer. The temporary manufactured dwelling shall be connected to an on-site water and sewer system which serves the existing dwelling on the same lot. These connections shall be approved by the Public Works Director.
K.
Stormwater Management.
1.
The grade shall slope away from hardship dwellings to prevent puddling underneath the dwelling.
2.
Stormwater runoff from the hardship dwelling shall not flow onto adjacent properties or the public right-of-way.
3.
For properties located within the areas designated A1 or A2 on The Dalles Landslide Hazard Study Map (Plate 3), stormwater runoff from the hardship dwelling shall be disposed of in the storm sewer where one exists to serve the subject property.
L.
Federal, State and Local Regulations. Construction and installation of plumbing, gas, piping, electrical equipment, wiring, foundations, tie-downs, over-the-top ties, and skirting shall comply with all applicable federal, state, and local rules, regulations, and laws.
M.
Smoke Detectors. The hardship dwelling shall have at least one functioning smoke detector.
N.
Flood Hazard. The temporary manufactured dwelling shall comply with all applicable federal, state, and local flood hazard area rules and regulations.
O.
Removal. Within 60 days of the date that the hardship for which the permit has been issued ceases, the temporary manufactured dwelling shall be disconnected from the sewer system and all other utilities and removed from the lot.
§ 10.6.130.050 Performance Contract.
A.
Contract. Prior to issuance of a hardship permit, the compliance with approval criteria and adherence to an approved site plan shall be guaranteed by a performance contract binding upon the applicant and the applicant's successors in interest. The performance contract shall be prepared by the City Attorney and executed by the applicant and the City, and a memorandum thereof filed by the City with the Wasco County Clerk.
B.
Violations. If the applicant violates or fails to comply with any of the provisions of the performance contract or approved application, the City may invoke the enforcement procedures provided in the contract, or under applicable law, or both.
§ 10.6.140.010 Purpose.
This Article provides siting standards and review procedures for wireless communications facilities locating within the City of The Dalles and within the urban growth area administered by the City of The Dalles. The siting standards and review procedures are intended to:
A.
Regulate the placement, appearance, and number of wireless communications facilities.
B.
Ensure that the citizens of The Dalles have access to a variety of wireless telecommunications systems and providers.
C.
Reduce the visual impact of certain wireless telecommunications facilities by encouraging co-location.
D.
Establish a graduated system of review that will expedite facilities placement in preferred locations.
E.
Implement the applicable provisions of the Federal Telecommunications Act of 1996.
§ 10.6.140.020 Exclusions.
The following uses and activities shall be exempt from these regulations:
A.
Existing towers and antennae, and any repair or maintenance of these facilities which does not create a significant change in visual impact.
B.
Ham radio towers, citizen band transmitters and antennae.
C.
Microwave dishes.
D.
Antennae and associated equipment and other apparatus located completely within an existing structure the purpose of which is to enhance or facilitate the communication function of other structures on the site.
E.
Federal, state, and local government facilities used for emergency communications.
§ 10.6.140.030 Facility Type and Review Procedure by Zone.
The following table describes the type of wireless communication facility and review procedure by zone. The placement, construction, and/or modification of wireless communication facilities is subject to review and approval as indicated below. The two options for review and approval are AA - administrative action, per Section 10.3.020.040: Administrative Actions or CUP - conditional use permit, per Article 3.050: Conditional Use Permits. NP indicates the type of antenna or support structure is not permitted. Overlay zones are subject to the requirements of the underlying zone.
Antenna or Support Structure | Zone District | |||
|---|---|---|---|---|
RL/RH RM/CN | CBC/CG/CR/CFO | I/CLI | P/OS | |
Antenna attached to existing structures (i.e., buildings, water towers, or other support structures) | AA | AA | AA | AA |
Monopoles - maximum height of 35 ft. | CUP | AA | AA | CUP |
Monopoles - 36 ft. to 70 ft. in height | NP | CUP | AA | CUP |
Monopoles - Greater than 70 ft. | NP | CUP | CUP | CUP |
§ 10.6.140.040 Historic Districts and Structures.
A.
Facilities Greater than 35 Feet in Height. Wireless communication facilities greater than 35 feet in height shall not be permitted within or adjacent to designated historic districts, nor on or adjacent to designated historic structures.
B.
Facilities Less than 35 Feet in Height. Wireless communication facilities less than or equal to 35 feet in height which are proposed to be placed within or adjacent to designated historic districts, or on or adjacent to designated historic structures shall be processed as follows:
1.
The application for the facility shall be a conditional use permit application, per Article 3.050: Conditional Use Permits.
2.
Prior to the Planning Commission quasi-judicial hearing, the Historic Landmarks Commission shall first hold a public hearing to review the application and make a recommendation, with any conditions, to the Planning Commission.
3.
The Historic Landmarks Commission's recommendation shall be included in the Department's staff report and shall become a part of the official record.
§ 10.6.140.050 Applications.
In addition to the requirements of Article 3.010: Applications, applications for siting wireless communication facilities shall be accompanied by the following as appropriate:
A.
Existing Structures Analysis. An evaluation of the feasibility of either locating the facility on an existing building or structure, or co-locating the subject facility with other facilities on an existing monopole as an alternative to the requested permit. The existing structures analysis must include:
1.
The location and ownership of existing telecommunications structures within the cell service area (not to exceed 2 miles).
2.
Written verification and other documentation revealing the availability of existing sites/facilities/structures and/or cooperation shown by other providers to gain access to existing sites/facilities/structures which will meet the needs of the applicant.
3.
The tower type and height of potential co-location facilities and/or the height of other potential support structures.
4.
Where appropriate, the specific reasons why co-location is not feasible.
B.
Alternatives Sites. Alternative site locations within 250 feet of the proposed site.
C.
Visual Impacts Analysis. An analysis of the visual impacts of the proposed facility on residential dwellings within 250 feet of the proposed site and an assessment of potential mitigation measures, including relocation.
D.
Other. Other information determined by the Director to be relevant to the subject application.
§ 10.6.140.060 Review Criteria.
The following review criteria shall be used to approve, approve with conditions, or deny applications for wireless communication facilities based on the following criteria. Applications processed as conditional use permits shall also meet all requirements of Article 3.050: Conditional Use Permits:
A.
Co-location. Co-location on existing wireless communication facilities within the cell service area of the proposed site is not feasible.
B.
Future Use. If feasible, the wireless facility shall be located and designed to preserve the ability for colocation of at least 1 additional user on all support structures exceeding 35 feet in height.
C.
Visual Impacts. Based on the visual analysis and mitigating measures, the location and design of the facility shall minimize visual impacts using setbacks, color, camouflaging techniques (stealth), and landscaping as appropriate.
D.
Adverse Impacts. The design minimizes identified adverse impacts of the proposed use to the extent feasible.
E.
Site Size. A new facility shall be sited on a parcel of a size and shape that complies with the following criteria:
1.
Setbacks. The tower foot print shall be set back at least two-thirds the tower height from any property line. This setback may be reduced when the applicant demonstrates all of the following as appropriate:
a.
The shape or configuration of the parcel prevents compliance with the setback standard, or a reduction in setbacks is necessary to take advantage of screening opportunities (such as tall trees, tree groves, buildings, or other tall elements) not available within the required setback.
b.
The reduction in setback is the minimum required to best camouflage the facility.
c.
Adequate clearance between the facility and the property lines can be provided to accommodate landscaping and fencing.
d.
The reduction in setback will not cause a greater visual impact to adjacent uses.
2.
Tower Pad. The tower pad shall be sited in a location that permits additional expansion to accommodate future co-located ancillary facilities. The tower shall be located on the pad so as to provide a maximum flexibility for future co-location. This standard shall not apply to antennas attached to existing structures or towers located on roof tops.
3.
Engineering Analysis. A licensed structural engineer's analysis shall be submitted to demonstrate that the potential impact of tower failure and ice falling from the tower shall be accommodated on site.
F.
Monopole Spacing. No new monopole shall be allowed within 2,000 feet of an existing pole, except where, in the opinion of the approving authority, a clustering of poles reduces their potential visual impact.
G.
Federal Aviation Administration (FAA) Requirements. In order to ensure safety in the operation of public-use airports, no structure shall be erected, altered, or allowed to intrude into any airway imaginary surface established under the provisions of the Federal Aviation Regulations (FAR) Part 77. An exception to this requirement may only be granted after approval by the FAA and the Oregon Aeronautics Division of the Oregon Department of Transportation.
H.
Lighting. None allowed except as required by the FAA.
I.
Fencing and Security. Monopoles and ancillary facilities shall be enclosed by a 6-foot security fence.
J.
Landscaping and Screening. Landscaping shall be reviewed on a case-by-case basis to determine the amount of screening necessary for the particular site. In every case, landscaping shall be placed outside of any fencing and shall reasonably screen the facility by subject zone district standards.
K.
Noise. Noise generating equipment shall be sound buffered by means of baffling, barriers, or other suitable means to reduce sound level measured at the property line to 45dBA when adjacent to residential uses and 55dBA in other areas.
(Ord. 23-1400)
§ 10.6.140.070 Removal of Antennas or Support Structures.
Any antenna or wireless facility support structure that is not operated continuously for a period of 12 months shall be removed by the owner or lessee of the wireless communication support structure or antenna, or the owner of the property on which the antenna or support structure is located within 90 days of receipt of notice to remove from the City. If the antenna or support structure is not removed within 90 days, the City may remove the antenna or support structure at the owner's expense.
§ 10.6.140.080 Financial Guarantee.
A condition of approval for all monopoles shall be that the applicant post a financial guarantee in the amount and form approved by the City Attorney to ensure the proper removal of a facility when required by Section 10.6.140.070 of this Article. The owner of multiple facilities may satisfy these requirements by an appropriate single instrument.
§ 10.6.150.010 Purpose.
The purpose of this Article is to clarify the degree of structural or use changes proposed for a particular site, property or development which triggers a land use process. For the purposes of this Article, a land use process means either bringing the development into conformance with the current requirements of this Title and other City ordinances or the filing of an application for a ministerial permit, planning action, or legislative action with the Department, or both.
§ 10.6.150.020 Changes in Use.
Unless this Title provides for an exemption for any specific requirement, the following shall apply to all proposed changes in use of structures, land, or other development:
A.
Use Determination. The owner or developer shall complete and submit a proposed change of use application. The approving authority shall determine intensity, similarity, or difference of a proposed use based on the following criteria:
B.
Similar Uses. A use change to a similar use shall not require an application review procedure unless warranted by changes to the structure as specified in Section 10.6.150.030 of this Article. An example of a change to a similar use would be a clothing store changing to a shoe store or other similar retail.
C.
Intensity of Use.
1.
A proposed change of use which is a permitted use, and which is a less intense use, shall not require an application review procedure, unless warranted by changes to the structure as specified below. Generally in land use, low density residential is the least intense use and industrial development is the most intense use.
2.
A proposed change of use which is a permitted use, and which is a more intense use, shall require an application review procedure.
§ 10.6.150.030 Changes to Structures.
A.
Size of Change. Any change which results in an increase of more than 20%, which is also at least 500 square feet, of the structure's footprint shall require the appropriate application review procedure as specified in this Title. Additions of 1,000 square feet or more shall require the appropriate application review regardless of the percentage increase.
B.
Nonconforming Structures. Structures which are considered legal nonconforming structures in terms of current ordinance requirements shall not increase any nonconformance with a proposed physical change.
C.
Approving Authority Determination. It shall be the responsibility of the approving authority to determine the similarity of uses for use changes, and the percentage footprint increase for changes to structures.
See Section 10.10.030(A) for damage caused by an act of God.
§ 10.6.150.040 Modification of a Structure Housing a Nonconforming Adult Business.
Any modification to a structure or surrounding properties utilized by an adult business shall be governed by the provisions of this Article.
§ 10.6.160.010 Uses Allowed.
A.
General. Uses allowed in a zoning district are limited to those listed in the code for that district, or authorized by an interpretation of the Director as provided for in Article 1.090. Uses not listed in a zone, including temporary uses, are not allowed.
B.
Intermodal Cargo Containers. Intermodal cargo containers are allowed in the CG-General Commercial District, in the CLI-Commercial/Light Industrial District, in the CR-Commercial Recreational District subject to the following conditions:
1.
Each container shall obtain a building permit.
2.
Each container shall be screened per the provisions of Section 10.6.010.050.
3.
Each container shall be painted and maintained in good condition, including being rust free.
C.
Temporary Use. Intermodal cargo containers are allowed for a maximum duration of 30 days in all zones. Intermodal cargo containers are exempt from Section 10.6.160.010(B).
D.
Intermodal cargo containers are allowed in the I-Industrial District so long as they meet all State of Oregon building permit requirements and are painted and maintained in good condition, including being rust free.
(Ord. 23-1400)
§ 10.6.160.020 Specific Uses Not Allowed.
In addition to the provisions of Section 10.6.160.010, the following uses are not allowed:
A.
Intermodal cargo containers used as storage units, except as provided for in Section 10.6.160.010.
B.
Christmas tree sales on residential property.
C.
Use of Recreational Vehicle for Sleeping or Household Purposes. A recreational vehicle may be used for recreational or sleeping purposes only under the following circumstances:
1.
On the premises of a private residence and with the consent of the owner(s) of the property, provided that such use by any number of vehicles is limited to not more than 7 days in any 90-day period.
2.
With the consent of the property owner, and the consent of the property owners of the properties which are immediately adjacent to the property upon which the recreational vehicle would be parked, the City Manager may approve a special temporary use permit for recreational vehicle use of up to 90 days duration in order to alleviate a temporary housing hardship which cannot otherwise be satisfied within a recreational vehicle park. Such approval shall be subject to any conditions which the City Manager deems appropriate to maintain public safety and community aesthetics. In addition, any such permit may be revoked by action of the City Council.
3.
It is unlawful for any person to discharge wastewater from a recreational vehicle to a storm sewer, sanitary sewer, street, or upon private property except at an approved holding facility or dump station.
4.
No utility connections shall be made across a public right-of-way to a recreational vehicle.
§ 10.6.160.030 Laydown Yard.
A.
Purpose. A laydown yard is intended for construction equipment and material only. It is different from a contractor storage yard in that all items are in active use on off-site projects. An off-site laydown yard, in addition to those on or adjacent to a construction site, is allowed in the I-Industrial and CLI-Commercial/Light Industrial zones without obtaining land use approval, so long as criteria in subsections B through G below are continually met.
B.
A proposed laydown yard shall be associated with one or more specific projects with an approved building permit issued for grading, construction, remodel or demolition, an approved land use decision, or pending application for a building permit or land use decision.
C.
A laydown yard is not a substitute for a contractor storage yard. At any time the property owner may convert the laydown yard to a contractor storage yard by obtaining a site plan review decision and completing the conditions of approval. If items are kept on site continuously for more than 8 months, the City may determine that a laydown yard no longer exists.
D.
Laydown yards shall be supervised by the property owner who will be responsible for enforcing compliance with these standards.
E.
Where curbs exist, the contractor shall be required to provide curb cuts for all egress or ingress areas onto a paved street. To prevent mud or dirt from transferring from vehicles and equipment onto the paved street the contractor shall install pavement or other surface treatment approved by the City Engineer at all egress and ingress points from the yard for a minimum of 50 feet to the street access. Dust and erosion control shall be in place to confine these materials to the subject property. Noise, vibration, dust, and odors cannot exceed local, state, or federal regulations.
F.
The owner of the property shall complete and file at the Community Development Department Office in City Hall a laydown yard report, on a form provided by the City, at the time of the start of the laydown yard, and on April 30th, August 31st, and December 31st of each year so long as the laydown yard continues.
G.
Notwithstanding the provisions of the ordinance adopting the Transportation System Development Charges (SDC), for this use only, the property owner shall pay annual Transportation SDC fees, at 5% of the full rate.
§ 10.6.170.010 Purpose.
This Article explains how density is regulated within this Title.
(Ord. 23-1395)
§ 10.6.170.020 Calculating Density.
A.
Density Denominator. Density is determined on an individual development proposal basis. For developments including multiple lots or parcels, the overall density of the entire proposed development site is calculated.
C.
Deductions to Calculate Net Area. Net area is the total area of land within an individual development, excluding the following areas (measured in square feet):
1.
Right-of-way dedications for new rights-of-way or expansions of existing rights-of-way;
2.
Land constrained by slopes of 25% or greater;
3.
Special flood hazard area (SFHA), as determined by the Federal Emergency Management Agency;
4.
Wetlands, as determined by the Oregon Department of State Lands;
6.
Open space or parkland and anticipated to be publicly owned;
7.
Open space owned in common by owners within a residential development; and
8.
Public utility easements.
D.
Density Calculations.
1.
Minimum Density. The minimum number of dwelling units required is calculated by dividing the net area (pursuant to TDMC Section 10.6.170.020(C)) by 43,560 square feet to convert the area to acres, then by multiplying the resulting acreage by the most restrictive minimum required dwelling unit density applicable to the project's zone district. See TDMC Section 10.6.070.020 for fractional rounding.
2.
Maximum Density. The maximum number of dwelling units permitted is calculated by dividing the gross area by 43,560 square feet to convert the area to acres, then by multiplying the resulting acreage by the least restrictive maximum required dwelling unit density applicable to the project's zone district. See TDMC Section 10.6.070.020 for fractional rounding.
E.
Density Fractional Rounding. If after a calculation the result applied is a rounded whole number which would result in a total number of dwelling units exceeding the maximum Comprehensive Plan density range, the development shall be permitted no more than one dwelling unit greater than the density range (e.g., an RL-zoned development with a maximum density of 8.65 may be rounded up to 9, thus exceeding the 8.712 maximum allowed density of the RL zoning district).
(Ord. 23-1395; Ord. 25-1414, 7/14/2025)
§ 10.6.170.030 Discrepancy Between Minimum Required and Maximum Allowed Density.
Where the calculation of maximum allowed density results in a number smaller than the minimum required density, the result from the minimum allowed density is both the minimum required and maximum allowed density.
(Ord. 23-1395)
§ 10.6.170.040 Regulating Density.
A.
No proposed development may exceed the maximum gross density prescribed to all developments within the underlying zone.
B.
RL, RH, and RM Zoning Districts (All Development). For all proposed developments not meeting minimum density requirements, an approved redevelopment plan (pursuant to TDMC Section 10.3.120) shall be filed with the Wasco County Clerk at the applicant's expense and all development proposed shall comply with the approved redevelopment plan, unless a new redevelopment plan is approved by the City.
(Ord. 23-1395)
§ 10.6.180.010 Site Plan.
The site plan shall clearly indicate all of the following information applicable to the particular development proposal:
A.
Project name.
B.
A separate vicinity map indicating location of the proposed development.
C.
Scale. The scale shall be at least 1 inch equals 50 feet (1:50), unless a different scale is authorized by the Director.
D.
North arrow.
E.
Date.
F.
Location and names of all existing streets and location of proposed streets within or on the boundary of the proposed development.
G.
Lot layout with dimensions for all lot lines.
H.
Location, dimensions, and height of all existing and proposed buildings, structures, fences and gates. Indicate which buildings, structures and fences are to remain and which are to be removed.
I.
Location and dimensions of all yards and setbacks from all property lines and distances between existing and proposed buildings.
J.
Location and dimensions of all driveways and bicycle and vehicle parking areas.
K.
Number of vehicle and bicycle parking spaces, parking lot layout, and internal traffic circulation pattern.
L.
Specify centerline locations and width of existing and proposed access from street to property. In addition, specify the centerline location and width of driveways near the site, using the following method: (a) based upon the street classification of the adjacent street, determine the maximum distance specified in Article 6.050, Table 1; (b) for both sides of the street fronting the property, and extending in all directions of the street, extend at least the distance determined above, until either nearest offsite accessway or nearest intersecting public street, whichever is less; (c) repeat for all streets adjacent to the site.
M.
All points of entrance and exit for pedestrians, bicycles and vehicles, including service vehicles.
N.
Location and description of any slopes greater than 20%, and any proposed cut and fill activity.
O.
General nature and location of all exterior lighting.
P.
Outdoor storage and activities where permitted, and height and type of screening.
Q.
Drainage and grading plan.
R.
Location, size, height, material and method of illumination of existing and proposed signs.
S.
Location of existing utilities, easements, and rights-of-way.
T.
Location of any significant natural features, including, but not limited to, water courses, trees, rock outcroppings, ponds, drainage ways and wetlands.
U.
Location of existing fire hydrants.
V.
Location of existing and proposed trash storage area(s) including enclosure construction design and access for pick up purposes.
W.
Any additional information required by the Director to act on the application.
(Ord. 23-1400)
§ 10.6.180.020 Detailed Landscape Plans.
Detailed landscape plans shall clearly indicate the following information:
A.
Project name.
B.
Scale. The scale shall be at least 1 inch equals 50 feet (1:50) or larger.
C.
North arrow.
D.
Date.
E.
Location and initial sizes of plants and tree species, and other proposed landscape material.
F.
Pipe location and size, point of connection, and water requirements of automatic sprinkler systems, and location and details of cross connection control device.
(Ord. 23-1400)
§ 10.6.180.030 Detailed Construction/Design Plans.
The detailed construction/design plans shall clearly indicate the following information:
A.
All information required for the site plan.
B.
Location of existing rights-of-way.
C.
Existing streets, sidewalks, curbs and utilities.
D.
Existing and proposed street trees.
E.
Parking lot striping and pavement cross section.
F.
Perimeter curb location and details.
G.
Utility service types, sizes, locations and details (including hydrants, manholes, clean-outs, vaults, meters, inlets/catch basins, parking, drive pads, distance to drive pads on adjacent property, curb and sidewalk, retaining walls, and retaining wall drainages).
H.
Location and details of cross connection control devices.
I.
Fence and gate locations and details.
J.
Street and parking lot lighting locations and details.
K.
Site drainage and grading plan and construction details sufficient to evaluate whether runoff generated from improvements is collected on site and disposed of in a manner which eliminates sheet flow of stormwater onto sidewalks, public rights-of-way and abutting private property.
L.
Erosion control plan and/or traffic control plan as required by the City Engineer.
M.
Where City street, curb, sidewalk or utility extensions are required, provide complete plan, profile, and construction detail drawings, including signs, striping and pavement markings, and specifications when required by the City Engineer, prepared and stamped by a licensed professional engineer for the proposed improvements within public rights-of-way.
N.
City Engineer and all other required state and federal approvals for extensions.
(Ord. 23-1400)