(1)   A greenhouse or hot house may be maintained accessory to a dwelling provided there are no sales.

      (2)   A guest house may be maintained accessory to a dwelling provided there are no cooking facilities in the guest house.

      (3)   Sight obscuring fences, as per § 152.003, may be located in a required front yard or in a vision clearance area provided that they shall not exceed three feet in height measured from the top of the curb.

      (1)   In a residential district, the minimum distance shall be 20 feet at street intersections or, at intersections including an alley, ten feet, measured from the property line.

      (2)   (a)   In all other districts where yards are required, the minimum distance shall be 15 feet or, at intersections including an alley, ten feet, except that when the angle of intersection between streets other than an alley is less than 30 degrees, the distance shall be 25 feet, measured from the property line.

         (b)   In districts where no yards are required, the minimum distance shall be ten feet, measured from the property line.

      (3)   Vision clearance area shall contain no plantings, fences, walls, structures or temporary or permanent obstructions exceeding three feet in height measured from the top of the curb, except that street trees exceeding this height may be located in this area, provided all branches and foliage are removed to a height of ten feet above the grade, and a maximum of two sign support posts not exceeding eight inches in diameter may be located in this area provided that no portion of the sign or signboard may extend below six feet above the grade.

      (4)   In the public right-of-way, for objects located in the sidewalk area, the minimum distance shall be 30 feet at street intersections measured from the curb tangent point where the arc and ray, or straight curb meet.

      (5)   Nothing in this section shall be deemed to permit a sight obstruction within any required yard area at a street or alley intersection interfering with the view of operators of motor vehicles on the streets or alleys to such an extent as to constitute a traffic hazard. If the Planning Commission finds that this is the case, it shall have the authority to order the removal or modification of any such obstruction within any such required yard area.

      (6)   The order shall be effective upon delivery of written notice to the owner of the property giving the owner ten days after delivery of the notice in which to remove or modify the obstruction; provided that said notice may be given by certified letter addressed to the owner at the address indicated in the records of the County Department of Assessment and Taxation, and the ten-day period shall run from the date of mailing of such notice. Any decision of the Planning Commission may be appealed in writing to the City Council, if written notice of appeal is filed with the City Recorder within ten days after the giving of the notice to remove or modify.

         (a)   Cornices, canopies, eaves, belt courses, sills or other similar architectural features, or fireplaces, but they may not, in any case, extend more than 18 inches into any required yard areas; and

         (b)   Fire escapes, open uncovered porches, balconies, landing places or outside stairways may not, in any case, extend more than 18 inches into any required side or rear yards, and not exceeding six feet into any required front yard. This is not to be construed as prohibiting open porches or stoops not exceeding 18 inches in height and not approaching closer than 18 inches to any lot line.

(Ord. 1283, passed 12-2- 2013; Ord. 1352, passed 11-4- 2019; Ord. 050525A, passed 5-19- 2025) Penalty, see § 152.999

      (1)   A sight-obscuring fence or wall not less than five feet nor more than six feet in height shall be provided between the service station and abutting property in an R-7.5, R-5.0 or R-O District. Said wall or fence shall be reduced to a three foot maximum in any required front yard setback.

      (2)   All lighting shall be of such illumination, direction and color as not to create a nuisance on adjoining property or a traffic hazard.

      (3)   Vision clearance area as per § 152.050(E) shall be required at all access points.

      (1)   Any building housing poultry or other smaller farm animals, such as coops, hutches, pens shall be located not less than 25 feet from every lot line. Odor, dust, noise, flies or drainage shall not be permitted to create or become a nuisance to surrounding property.

      (2)   All barns, corrals, stables and paddocks housing livestock and larger farm animals shall be located on the rear half of a lot and not closer than 50 feet to any property line. Odor, dust, noise, flies or drainage shall not be permitted to create or become a nuisance to surrounding property.

      (3)   The keeping of any farm animals shall be in buildings that fully comply with building and sanitary codes.

      (4)   The keeping of any farm animals shall follow best animal husbandry practices as determined by OSU extension services.

      (5)   Barns, coops, corrals and hutches, paddocks, pens for farm animals, livestock and poultry farms and eggeries farm and animal husbandry is allowed in the following zone districts: OS, R-7.5, R-5.0, R-O, N-C, H-C, C-C, L-I and G-I.

      (1)   A lawful commercial activity or occupation conducted within a dwelling and/or accessory building provided there is a dwelling on the property.

      (2)   Home occupations shall be a secondary/accessory use of the premises, permitted by right in all residential units, subject to the following standards.

            1.   The home occupation shall maintain the residential character of the building by assuring that the occupation is 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 nor infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their homes.

            2.   The home occupation shall not result in any structural alterations or additions to a structure that will change its primary use or building code occupancy classification.

            3.   The home occupation shall not violate any conditions of development approval (i.e., prior development permit approval).

            4.   No products and/or equipment produced or used by the home occupation may be displayed to be visible from outside any structure.

            5.   The home occupation shall not exceed 25% of the ground floor of the dwelling; or occupy no more than 500 square feet of a garage, either attached or detached; or occupy no more than 500 square feet of any other outbuilding.

            6.   Baby sitting/day care facilities with 12 or fewer children shall be considered a home occupation.

            1.   Outside storage and use of yard areas for storage of tools, equipment and materials, visible from the public right-of-way or from inside a residence located on adjacent properties, is prohibited.

            2.   On-site storage of hazardous materials (including toxic, explosive, noxious, combustible or flammable) beyond those normally incidental to residential use is prohibited.

            3.   Storage of inventory products and all other equipment, fixtures and activities associated with the home occupation shall be allowed in any structure.

            4.   Outside yard areas may be used for playground equipment for home occupations involving the care of children by a baby sitter or day care facility.

            1.   The home occupation shall be operated by members of the family residing within the dwelling with no more than one full-time, non-family equivalent employee at the home occupation site at any given time.

            2.   Additional individuals may be employed by or associated with the home occupation, so long as they do not report to the home occupation site or pick-up at/deliver to the home.

            3.   The home occupation site shall not be routinely used as a headquarters for the assembly of employees for instruction or other purposes, including dispatch to other locations.

            1.   One sign, according to § 152.055, shall be allowed for the home occupation. In no case shall the sign exceed the size of three square feet if inside or flush against the dwelling, or two square feet if located elsewhere.

            2.   No visual advertisement signs specifically indicating the home occupation is anything more than a residential occurrence or advertising other products shall be allowed.

            3.   No stock in trade shall be displayed upon the home occupation site.

            1.   One commercially licensed vehicle associated with the home occupation is allowed at the home occupation site. It shall be of a size that would not overhang into the public right-of-way when parked in the driveway or another location on the home occupation site.

            2.   There shall be no more than three commercial vehicle deliveries to or from the home occupation site daily. There shall be no commercial vehicle deliveries during the hours of 6:00 p.m. to 7:00 a.m.

            3.   There shall be no more than one client or customer’s vehicle at any one time and no more than eight per day at the home occupation site.

            4.   Parking for the business is to be the same as for the normal residential occupancy, with no additional parking for the establishment, either on or off street. Traffic created by the business or customers of the business shall not be of a volume or frequency that will cause disturbance or inconvenience to nearby land uses.

            1.   Any activity that produces radio or television interference, noise, glare, vibration, smoke or odor beyond allowable levels as determined by local, state or federal standards, or that can be detected beyond the property line is prohibited.

            2.   Any activity involving on-site retail is prohibited, except the sale of items via telecommunications and mail, of that are incidental to a permitted home occupation is allowed. For example, the sale of lesson books or sheet music from music teachers, art or craft supplies from arts or crafts instructors, computer software from computer consultants and similar incidental items for sale by the home business are allowed subject to divisions (M)(2)(a) through (M)(2)(f) above.

            3.   Any uses described in this section or uses with similar objectionable impacts because of motor vehicle traffic, noise, glare, odor, dust, smoke or vibration is prohibited, such as:

               a.   Ambulance service;

               b.   Animal hospital, veterinary services, kennels or animal boarding;

               c.   Auto and other vehicle repair, including auto painting;

               d.   Beauty shops;

               e.   Barber shops; and

               f.   Repair, reconditioning or storage of motorized vehicles, boats, recreational vehicles, airplanes or large equipment on-site;

            1.   Any home occupation, which does not comply with the requirements of this section and the provisions of the underlying district, shall be considered a violation of this Development Code and shall be subject to the penalties and remedies of § 152.077.

            2.   All uses conducted on the subject property shall comply with all requirements of the Uniform Building Code, the Environmental Health Division and any other applicable state or federal laws.

      (1)   The minimum lot area for single- and two-family dwellings shall be 5,000 square feet. For each additional dwelling unit, the lot area shall be increased by 500 square feet.

      (2)   (a)   Off-street parking area = 0.75 space per dwelling unit.

         (b)   Improved off-street parking = 0.33 space per dwelling unit.

         (c)   As long as the multiple family development serves as housing for the elderly in terms of the original intent for the development, the smaller parking requirement shall apply. Any applicant must provide a site plan showing the total off-street parking area including access and parking spaces in the event the development ceases to serve as housing for the elderly or requires additional parking. In the event that the development ceases to serve as housing for the elderly in terms of the original intent of the development, the larger off-street parking area required in this section shall apply and shall be immediately improved and developed. In the event that the improved off-street parking area does not meet the parking needs of the development, the Planning Commission may require development of the total or larger off-street parking area.

      (3)   Site plan approval is required subject to the requirements of § 152.052.

      (4)   Proof is required that the development qualified for housing assistance under a governmental housing program for elderly or handicapped persons.

      (1)   A manufactured home permitted as a dwelling on an individual lot shall be in compliance with the following standards and regulations as a minimum.

      (2)   In such cases where the standards set forth in a specific zone are more restrictive, the more restrictive standards shall govern. In all zones where permitted on individual lots, manufactured homes shall meet the following special standards:

         (a)   Be multi-sectional and enclose a space of not less than 1,000 square feet;

         (b)   Have a roof with at least a pitch of 2 in 12;

         (c)   Shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the local permit approval authority;

         (d)   The manufactured home shall have a garage or carport constructed of like materials. A jurisdiction may require an attached or detached garage in lieu of a carport where such is consistent with the predominant construction of immediately surrounding dwellings;

         (e)   The owner of the manufactured home shall be the owner of the lot on which the manufactured home is located, except as approved by the Planning Commission;

         (f)   The manufactured home shall be provided with a bathroom, toilet and bathtub or shower which are connected to running water and to the city sewage disposal system, and which are located in a room or rooms which afford privacy to the occupant;

         (g)   The manufactured home unit shall have the state “insignia of compliance” as provided for by state law. All pre-owned and pre-occupied units (i.e., used) shall be inspected by the building official prior to installation and occupancy to insure compliance with applicable standards required for the “insignia of compliance” and to ensure that such units are in such a condition as to not be detrimental to the public health, safety and general welfare to adjoining properties;

         (h)   Each habitable room in the unit shall have an average ceiling height of not less than seven feet, and no portion of the ceiling height in a habitable room shall be less than six feet, ten inches;

         (i)   The manufactured home shall be placed upon and securely anchored to a foundation having permanence and strength equal to that provided by a concrete or masonry block foundation, and such foundation shall be installed according to manufacturers’ instructions approved by the State Department of Commerce, and all road and transient lights, wheels and the hitch shall be removed;

         (j)   The manufactured home shall have a continuous perimeter of skirting that shall be composed of the same material and finished as the exterior of the manufactured home or of brick, concrete or masonry block within 30 days of placement of manufactured home. Such skirting shall be secure against the entrance of animals, but there shall be provisions for ventilation and access to the space under the unit;

         (k)   All plumbing, electric and gas service connections shall be made according to instructions approved by the State Department of Commerce;

         (l)   All manufactured home accessory building and structures shall comply with State Department of Commerce and City Construction and installation standards. Manufactured home accessory structures include porches and steps, awnings, cabanas, carports or any other structure or addition that depends in part on the manufactured home for its structural support, or in any manner is immediately adjacent to or attached to the manufactured home. Such structures or additions shall not total more than 30% of the total living space of the manufactured home and such structures or additions combined. Roofing and siding materials shall be of similar material and color and complimentary to the existing manufactured home unit. Ramadas and cabanas are permitted; and

         (m)   The owner of the property shall remove the foundation and all accessory structures and additions to the manufactured home and permanently disconnect sewer, water and other utilities if the manufactured home is removed from its foundation unless otherwise authorized by the city. In the event the owner fails to accomplish said work within 30 days from the date on which the manufactured home is moved from its foundation, the city may perform such work and place a lien against the property for the cost of such work. This condition shall not apply in the event that the manufactured home is replaced on the original foundation or on the original foundation as modified, or by another approved manufactured home within 30 days of the original unit’s removal. Said lien may be initiated by the City Manager.

      (1)   A manufactured home subdivision shall be a subdivision created by sale of lots for the placement of manufactured homes in conjunction with traditional residences. A manufactured home subdivision shall be created to the standards of the city’s Land Division Standards Development Code and all lots shall conform to the requirements of the applicable zoning district, in no case shall any manufactured home subdivision be of lesser standards than those specified for manufactured home parks (see division (R) below). Lots created in a manufactured home subdivision which do not meet the standard lot area for traditional dwellings in a particular zoning district may be used only for a manufactured home and not for any other form of dwelling.

      (2)   There shall be no outdoor storage of furniture, tools, equipment, building materials or supplies belonging to the occupants of a manufactured home or any other person in a manufactured home subdivision.

      (3)   All streets in a manufactured home subdivision shall conform to the standards specified in the city street standards ordinance.

      (1)   Evidence shall be provided showing that the park will be eligible for a certificate of sanitation as required by state law.

      (2)   (a)   The space provided for each manufactured dwelling shall be provided with piped potable water and electrical and sewerage connections.

         (b)   The number of spaces for manufactured dwellings shall not exceed 12 for each acre of the total area in the manufactured dwelling park, except that the Planning Commission may vary this density as follows.

            1.   If dedicated open space equals 50% or more of the total area of the park, a maximum 10% increase in units per acre may be granted.

            2.   If, in addition to division (R)(2)(b)1. above, a maintained playground area with approved equipment, such as goal posts, swings, slides and the like, is provided, the maximum increase in units per acre may be increased an additional 5%.

            3.   If, in addition to divisions (R)(2)(b)1. and (R)(2)(b)2. above, an approved recreation/community building is provided, an additional 10% increase of units/acre may be allowed (maximum total increase possible equals 25%).

      (3)   A manufactured dwelling shall occupy not more than 40% of the contiguous space provided for the exclusive use of the occupants of the manufactured dwellings and exclusive use of space provided for the common use of tenants, such as roadways, general use structures, parking spaces, walkways and areas for recreation and landscaping.

      (4)   No manufactured dwelling in the park shall be located closer than 12 feet from another manufactured dwelling or from a general use building in the park. No manufactured dwelling accessory building or other building or structure on a manufactured dwelling space shall be closer than ten feet from a manufactured dwelling accessory building or other building or structure on another manufactured dwelling space. No manufactured dwelling or other building or structure shall be within 20 feet of a public street, property boundary or ten feet of another property boundary.

      (5)   A manufactured dwelling permitted in the park shall be by the following standards as determined by an inspection by the building official.

         (a)   It shall have a state insignia indicating compliance with state manufactured dwelling construction standards in effect at the time of manufacture, and including compliance for reconstruction or equipment installation made after manufacture.

         (b)   Notwithstanding deterioration which may have occurred due to misuse, neglect, accident or other cause, the manufactured dwelling shall meet the state standards for manufactured dwelling construction evidenced by the insignia.

         (c)   It shall contain not less than 225 square feet of space as determined by measurement of the exterior of the unit exclusive of any trailer hitch device.

         (d)   It shall contain a bathroom, toilet, shower or tub, and sink in a kitchen or other food preparation space.

      (6)   A manufactured dwelling permitted in the park shall be provided with a continuous skirting, and, if a single-wide unit, shall be tied down with devices that meet state standards for tie down devices.

      (7)   There shall be no outdoor storage of furniture, tools, equipment, building materials or supplies belonging to the occupants or management of the park.

      (8)   If the park provides spaces for 50 or more manufactured dwelling units, each vehicular way into the park shall be named and marked with signs which are similar in appearance to those used to identify public streets. A map of the named vehicular ways shall be provided to the Fire Department and 9-1-1.

      (9)   If a manufactured dwelling space or permanent structure in a park within the urban growth boundary is more than 500 feet from a public fire hydrant, the park shall have water supply mains designed to serve fire hydrants and hydrants shall be provided with 500 feet of such space or structure. Each hydrant within the park shall be located on a vehicular way and shall conform in design and capacity to the public hydrants in the city.

      (10)   Open space.

         (a)   A minimum of at least 2,500 square feet plus 100 square feet per manufactured dwelling space shall be provided for a recreational play area group or community activities. (No play area is required if the individual manufactured dwelling spaces contain in excess of 4,000 square feet.) The Planning Commission may require this area to be protected from streets, parking areas or the like, by a fence or the equivalent, that conforms to fence regulations, but at least 30 inches in height where allowed by fence standards. Unless otherwise approved, no required open space area shall contain less than 2,500 square feet. Recreation areas shall be improved with grass, plantings, surfacing or buildings suitable for recreational use.

         (b)   No recreation facility created within a manufactured dwelling park wholly to satisfy the requirements of this section shall be open to, or offered in itself to, the general public.

      (11)   A parking space shall be provided for each manufactured dwelling space on the site. In addition, guest parking spaces shall also be provided in every manufactured dwelling park within 200 feet of the manufactured dwelling spaces served and at a ratio of one parking space for each two manufactured dwelling spaces.

      (12)   All manufactured dwelling parks over ten acres in size shall be located so as to have access on a street designated as a minor collector or higher order street.

      (13)   All manufactured dwelling parks containing a total site area of 20 acres or more shall provide a secondary access to the trailer park. Such secondary access shall enter the public street system at least 150 feet from the primary access.

      (14)   Lighting shall be installed along the access ways of the trailer park and the recreation area with lights 100 feet apart. Wire for service to light poles and manufactured dwelling spaces shall be underground, except in the Flood Hazard Overlay Zone where wires for service may be above ground as approved by the Commission.

      (15)   Roadways within the park shall be paved and shall be not less than 30 feet in width if parking is permitted on the margin of the roadway, or less than 20 feet in width if parking is not permitted on the edge of the roadway, and an adequate designated area is provided and improved for guest parking tenant recreational vehicles (such area shall be designed and improved to provide not less than one parking space per each two spaces in the park).

      (16)   No manufactured home park shall be created on a site less than one acre.

      (1)   Mobile unit food and beverage carts shall be on a paved surface such as, but not limited to concrete, asphalt, pavers and other surfaces as approved by the City Planner. If new paved surface is added to a site to accommodate a cart, the property shall still be required to comply with applicable lot coverage, impervious surface, and parking lot standards.

      (2)   Carts shall not occupy pedestrian walkways or required landscape areas.

      (3)   Carts shall not occupy parking needed to meet the minimum bicycle or automobile parking requirement for another use. Blocking automobile access to parking spaces shall be considered occupying the spaces.

      (4)   If a site where a cart is located abuts a lot with a residential use, the cart use shall meet all buffer widths required for a proposed commercial use. Buffer widths shall be allowed to overlap with setback requirements.

      (5)   The use shall provide adequate vision clearance as required in the underlying zone, by city standards.

      (6)   Ingress and egress shall be safe and adequate when combined with the other uses of the property as required.

      (7)   Signage for carts:

         (a)   Shall comply with applicable zoning requirements with no more than seven signs aggregate per property; and

         (b)   Users shall be required to post city mobile unit food and beverage cart permits; city business licenses; and Tillamook County Health Department food service licenses in a location visible to customers.

      (8)   Unless otherwise specified in this section, mobile unit food and beverage carts shall be exempt from a finding of adequate public facilities unless it is determined that the proposed use exceeds the capacity of existing public facilities or causes unsafe conditions.

      (9)   The City Planner may impose any approval conditions intended to minimize adverse impacts created by the use on surrounding property and uses.

      (10)   Carts are exempt from land-use district density, floor-area ratio and design guidelines and standards.

      (11)   Carts shall meet the following dimensional setback requirements as required by Oregon Health Authority and Fire and Life Safety Code requirements:

         (a)   Land-use district minimum setbacks shall be met for the site perimeter;

         (b)   Carts shall not be located within 25 feet of an active driveway entrance as measured in all directions from where the driveway enters the site at the edge of the street right-of-way;

         (c)   Carts shall be located at least three feet from the right-of-way or back of sidewalk, whichever provides the greater distance from the right-of-way;

         (d)   Carts shall provide at least six feet between service windows or other customer service points and an active drive aisle. The distance shall be measured perpendicular to the service window/point; and

         (e)   Carts shall remain at least six feet away from other mobile unit food and beverage carts or commercial stands.

      (12)   Carts shall not occupy fire lanes or drive aisles necessary for vehicular circulation or fire/emergency vehicle access as determined by the City Planner.

      (13)   Carts shall limit the visual effect of accessory items not used by customers, including but not limited to tanks, barrels and miscellaneous items, by using screening or storing them in containers to substantially limit views of such items from the street. Screening could be temporary fencing or landscaping (such as landscaping in pots or planters). Storage containers could be small sheds or storage units. Screening shall be approved by the Police Department in order to ensure surveillance of the site remains possible for crime prevention purposes.

      (14)   For drive-through carts, the following standards apply.

         (a)   To ensure adequate distance for at least three vehicles to line up behind the vehicle ordering at the drive-through, drive-through mobile unit food and beverage carts shall have at least 85 feet in queuing distance behind each drive-through window where sales occur. Required queuing distance may be increased as determined by the City Planner if a change in distance will promote traffic and pedestrian safety. Queuing distance shall be measured from the initial edge of the service window or point of service, along the queuing path, to where the driveway from the street crosses from the right of way into the property. The measurement method can be adjusted by the City Planner for unusual circumstances or if needed to meet the Intent of this standard.

         (b)   Drive-through stacking lanes and service areas shall not be located between the street and the mobile unit food and beverage cart.

      (15)   The applicant shall provide a parking plan that includes an estimate of the parking demand on the site and provide information about how parking demand will be accommodated, such as through off-street parking or on-street parking on adjacent blocks. That analysis shall consider parking needs of other uses on the site. Off-street parking may be required by the City Planner if the applicant cannot demonstrate adequate parking is available to meet demand or it has been determined that a renewing mobile unit food and beverage cart has experienced parking or related traffic issues on the site or on adjacent blocks. Should the applicant disagree with the Planner's decision, the applicant may request a Planning Commission interpretation.

      (16)   Carts shall have lighting to ensure a safe environment for customers, if permanent lighting, such as parking lot lighting, already exists on the site, the City Planner may determine that the lighting satisfies this requirement. Otherwise, lighting (such as temporary lighting), shall be added that complies with the following:

         (a)   At a minimum, areas intended to be occupied by customers, such as areas near mobile unit food and beverage cart service windows and customer seating, shall be illuminated when carts are in operation during hours of darkness;

         (b)   No direct light source shall be visible at the property line adjacent to residential at three feet above ground level;

         (c)   Lighting fixtures shall be oriented and/or shielded so as not to create glare on abutting properties: and

         (d)   The Planner may modify lighting standards if such modifications are deemed necessary and appropriate for the use and surrounding area and help meet the intent of the standard.

      (17)   Carts and their accessory items visible from the street shall be kept in good repair and be maintained in a safe and clean condition in compliance with the following.

         (a)   Carts shall not have missing siding, skirting, or roofing.

         (b)   Carts shall not have more than 10% of any side experiencing rust, peeling paint, corrosion or other deterioration.

         (c)   Carts shall not have components or attachments In disrepair in a manner that causes an unsafe condition.

         (d)   Tents and canopies associated with the carts shall not have:

            1.   Tears in the tent/canopy material that exceed six inches;

            2.   Mold on the material;

            3.   A lack of anchoring; and

            4.   Broken or non-functioning supports.

      (1)   A mural and public artwork may be located anywhere in the city provided it is first approved by the City Council and then a city zoning clearance permit is issued by the City Planner in accordance with the procedures and criteria listed in this section.

      (2)   An application for a mural and/or public artwork shall be filed with the City Planning Department and shall include:

         (a)   The name of the artist and work samples;

         (b)   Description of the materials to comprise the mural and/or public artwork and manner of application;

         (c)   A statement regarding the durability of the materials and safety concerns of any elements considering the location and positioning of the mural and/or public artwork;

         (d)   Plans and/or specification for the proposed mural and/or public artwork including a picture, graphic or other description; and

         (e)   Notice of administrative action shall be given to all property owners within 200 feet of the external boundaries of the location of the mural or public art. Said notice shall include a summary of the nature and substance of the proposal, a brief description of the property involved and a solicitation of oral or written comments to be submitted within ten days prior to the City Planner’s final action on the proposal.

      (3)   Not less than 15 or more than 45 days after submittal of a complete application, the City Council shall meet and review the application. The City Council shall recommend to the City Planner that a mural and/or public artwork be issued a zoning clearance permit upon a finding that:

         (a)   The mural and/or public artwork will conform within the thematic program established by city resolution of the area of its proposed location;

         (b)   The information regarding durability and expected maintenance requirements is accurate; and

         (c)   The materials to be used and the manner of application will not require excessive maintenance by its owner, and a plan to assure maintenance and safety is provided.

      (4)   In making its determination, the City Council will consider evidence that the proposal will conform within the thematic program established by city resolution, and may consider the opinions of the owners and occupants of affected properties. Absent favorable findings as required hereby, the City Council shall recommend that a zoning clearance permit for a mural and/or public artwork not be issued by the City Planner.

      (5)   Upon a favorable recommendation of the City Council, the City Planner shall review the application materials and the information received by the Committee and shall, upon a determination that the application materials are complete and accurate and the findings of the City Council reasonable, issue a zoning clearance permit for a mural and/or public artwork. Absent such a determination, the City Planner shall deny the application. Upon an unfavorable recommendation of the City Council, the City Planner shall not issue a zoning clearance permit.

      (6)   Within 15 days of the meeting of the City Council, the City Planner shall decide whether or not a zoning clearance permit for a mural and/or public artwork shall be issued. Any person aggrieved by the decision of the City Planner may appeal such decision within 15 days thereof to the City Council which shall apply the standards set forth in this section in reviewing the decision of the City Planner. The City Council may affirm, reverse or reverse with modifications the decision of the City Planner. The decision of the City Council shall be final.

      (1)   A recreation vehicle park shall be for the rental of spaces for the temporary sitting of “recreational vehicles” or mobile homes containing less than 500 square feet of space.

      (2)   A recreation vehicle park shall be built to state standards in effect at the time of construction, with the following provisions and any additional conditions set forth in the Planning Commission’s approval prior to occupancy.

         (a)   The space provided for each recreation vehicle shall be not less than 700 square feet, exclusive of any space used for common areas, such as roadways, general use structures, walkways, parking spaces for vehicles other than recreation vehicles and landscaped areas.

         (b)   Roadways shall not be less than 30 feet in width if parking is permitted on the margin of the roadway, or less than 20 feet in width if parking is not permitted on the edge of the roadway. Roadway shall be paved with asphalt, concrete, paver or similar impervious gravel surface and designed to permit easy access to each recreation vehicle space.

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

         (d)   A recreation vehicle space shall be provided with piped potable water and sewage disposal service. A recreation vehicle staying in the park shall be connected to the water and sewage service provided by the park if the vehicle has equipment needing such service.

         (e)   A recreation vehicle space shall be provided with electrical service.

         (f)   Trash receptacles for the disposal of solid waste materials shall be provided in convenient locations for the use of guests of the park, and located in such number and be of such capacity that there is no uncovered accumulation of trash at any time.

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

         (h)   The park shall provide toilets, lavatories and showers for each sex in the following ratios; for each 15 recreation vehicle spaces or any fraction thereof: one toilet, one urinal, one lavatory and one shower for men; and two toilets, one lavatory and one shower for women. The toilets and showers shall afford privacy and the showers shall be provided with private dressing rooms. Facilities for each sex shall be located in separate buildings, or, if in the same building, shall be separated by a soundproof wall.

         (i)   The park shall provide 15 square feet of space for clothes drying lines for each ten recreation vehicle spaces or any fraction thereof.

         (j)   Building spaces required by this division and divisions (U)(2)(h) and (U)(2)(i) above shall be lighted at all times of night and day; shall be ventilated; shall be provided with heating facilities; shall have floors of waterproof material; shall have sanitary ceiling, floor and wall surfaces; and shall be provided with adequate floor drains to permit easy cleaning.

         (k)   The park shall be maintained in a neat appearance at all times. Except for vehicles, there shall be no outdoor storage of materials or equipment belonging to the park or to any guest of the park.

         (l)   Evidence shall be provided that the park will be eligible for a certificate of sanitation as required by state law.

         (m)   A recreational vehicle park is allowed in the following zone districts:

            1.   R-O (Multiple Use Residential);

            2.   N-C (Neighborhood Commercial); and

            3.   H-C (Highway Commercial).

         (a)   The need of the temporary structure authorization is the direct result of a casualty loss such as fire, windstorm, flood or other severe damage by the elements to a pre-existing structure previously occupied by the applicant on the premises for which the permit is sought.

         (b)   The applicant has been evicted within 60 days of the date of the application from a pre-existing occupancy of the lot or parcel for which the permit is sought as a result of:

            1.   Condemnation proceedings by a public authority;

            2.   Eviction by abatement of nuisance proceedings; or

            3.   By determination of a public body or court having jurisdiction that the continued occupancy of facilities previously occupied constitutes a nuisance or is unsafe.

         (c)   The temporary occupancy required is limited in duration by the purposes for which the permit is sought, such as Christmas tree sales, temporary banking or office facilities, parade stands, circuses, fairs or other exhibitions and other obviously temporary needs.

         (d)   The purpose for which the temporary structure authorization is sought is incidental to the basic purpose for which the lot or parcel is being developed, and the duration of such structure is limited by the period of development, such as construction site offices or temporary real estate offices.

         (a)   The location, size, design and operating characteristics of the proposed temporary structure, if applicable, will be compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding vicinity.

         (b)   The proposed temporary structures will not adversely affect the capacity, circulation or generation of traffic on streets or other public ways in the vicinity.

         (c)   The use of the proposed temporary structure is consistent with the spirit and intent of the zone where the structure is to be located and does not create a substantial property right not enjoyed by others within the same zone.

         (a)   Reasonable, clear and objective conditions may be imposed by the City Planner in connection with the temporary permit as necessary to meet the purposes of divisions (V)(1) through (7) herein. Guarantees and evidence may be required that such conditions will be or are being complied with.

         (b)   Such clear and objective conditions shall be quantifiable whenever possible, and may include, but are not limited to, requiring:

            1.   Special yards and spaces;

            2.   Fences and walls;

            3.   Control of points of vehicular ingress and egress;

            4.   Special provisions for signs;

            5.   Landscaping and maintenance of such landscaping;

            6.   Maintenance of the grounds;

            7.   Control of noise, vibration and odors;

            8.   Limitation of operational hours for certain activities;

            9.   A time period within which the proposed use shall be developed;

            10.   A time limit on total duration of temporary use; and

            11.   Bond or other security for returning the affected area to equal or better condition as previously existed upon termination of temporary use.

      (1)   The use of property in the O, N-C, H-C, C-C, L-I, G-I and PUD Districts for urban farming for commercial or non-profit purposes or sustenance is permitted administratively within the urban growth boundary.

      (2)   Produce that can be grown on these farms include fruits, vegetables and livestock.

      (3)   Animal keeping of commonly domesticated animals, on these farms, including pastureland is allowed with the following requirements.

      (4)   Lot area minimum: 5,000 square feet.

      (5)   Minimum setbacks:

         (a)   Front yard: ten feet; and

         (b)   Side and rear yard: ten feet.

      (6)   Minimum parcel dimensions for animal husbandry, livestock shall be determined by best management practices available at the OSU extension office.

      (7)   An urban farm used for commercial or non-profit purposes shall meet the state requirements listed in O.R.S. 568.900, and provide the city with a copy of the approved permits from the State Department of Agriculture for water quality and the use of herbicides, pesticides and fungicides.

      (8)   Sustainable and/or organic practices are encouraged for all urban farms.

         (a)   A site plan drawn to scale indicating the location of the proposed antenna(s), support structure and equipment facility and relevant dimensions;

         (b)   A photograph of the proposed antenna(s), support structure and equipment facility at a site similar to the proposal;

         (c)   The materials being proposed, including the colors of the exterior materials;

         (d)   Photographs of the existing site condition taken from key lines of sight and a photo simulation of the proposed facility at the proposed location from each of the lines of sight;

         (e)   A map showing all existing wireless communication facility sites operated by the applicant within and adjacent to the city, including a description of the wireless communication facility at each location;

         (f)   A co-location feasibility study that indicates that co-location efforts were made and states the reasons co-location can or cannot occur. All antenna support structures shall be designed so as not to preclude co-location;

         (g)   A description of alternatives considered for providing wireless communication service in the city. The alternatives evaluated should include alternative sites, facility heights, number of facilities and equipment utilized. Where less preferred locations or designs are proposed, the reasons why higher priority locations or designs were not selected;

         (h)   A peer review study, if required by the City Planner; and

         (i)   The city will deny the permitting of a wireless communication facility if it has not been demonstrated that co-location on an existing wireless communication facility is not a viable solution.

         (a)   Wireless communication facilities are allowed outright in the following locations: co-location or shared location on an existing wireless communication facility.

         (b)   Wireless communication facilities are allowed under a zoning clearance permit and building permit if of the following design(s) and in the following location(s):

            1.   Microfacility or minifacility attached to an existing structure;

            2.   Minifacility attached to an existing public facility such as a water tower or public building; and

            3.   Minifacility attached to an existing utility pole located in a street right-of-way.

         (c)   Wireless communication facilities are allowed under a conditional use permit if of the following design and in the following location(s):

            1.   Facility is attached to an existing structure where the height or dimensions of the antenna exceed those of a minifacility;

            2.   Facility is in the shape of a new utility pole within the street right-of-way with a maximum height of 60 feet; and

            3.   Facility is on a monopole not located in a street right-of-way with a maximum height of 60 feet measured from grade level.

         (d)   Wireless communication facilities are prohibited, if in the following design(s) and in the following location(s):

            1.   Lattice towers and support structures;

            2.   Guyed wire towers and support structures;

            3.   Speculation support structures; and

            4.   Locations in the following zone districts:

               a.   O (Open Space District);

               b.   R-7.5 (Residential Low);

               c.   R-5.0 (Residential Medium);

               d.   R-O (Multiple Use Residential); and

               e.   N-C (Neighborhood Commercial).

            1.   All facilities shall be installed and maintained in compliance with the requirements of the building codes.

            2.   All wireless communication facilities shall be designed to minimize their visual impact to the greatest extent feasible.

            3.   The smallest and least visible antennas to accomplish the coverage objectives shall be utilized.

            4.   Antenna(s) attached to an existing structure shall be placed so as to integrate, as much as possible, with the building’s design features and materials. The maximum height for antennas shall be 15 feet from the base elevation. Roof-mounted antennas and associated equipment should be located as far back from the edge of the roof as possible to minimize visibility from street level locations. Where appropriate, construction from screening to obscure the facility shall be required. Wall- mounted antennas shall be integrated architecturally with the style and character of the structure, or otherwise made as unobtrusive as possible. If possible, antennas should be located entirely within an existing or newly created architectural feature so as to be completely screened from view. To the extent feasible, wall-mounted antennas should not be located on the front, or most prominent facade of a structure, and should be located above the pedestrian line-of-sight.

            5.   Colors and materials for wireless communication facilities shall be chosen to minimize their visibility. Wireless communication facilities shall be painted or textured using colors to match or blend with the primary background of the facility, including the skyline or horizon.

            6.   Equipment facilities shall be placed in underground vaults wherever feasible. Above ground equipment facilities shall be reviewed through the design review process of § 152.052 to ensure that they are designed, sited and landscaped to minimize the visual impact on the surrounding environment.

            7.   Exterior lighting for a wireless communication facility is permitted only when required by a federal or state authority.

            8.   A wireless communication facility placed pursuant to this section is exempt from the height requirements of the zoning district in which it is located; however, may not exceed the heights listed in division (P)(3) above.

         (a)   Location:

            1.   Preferences:

               a.   Co-location/shared facilities; and

               b.   On existing structures.

            2.   By zone.

         (b)   Design issues:

            1.   Type of pole;

            2.   Height of pole and/or antennae;

            3.   Setbacks and other placement issues;

            4.   Screening/landscaping;

            5.   Abandonment and obsolescence;

            6.   Lighting/security;

            7.   Color and materials; and

            8.   Equipment cabinets.

         (c)   Review procedure:

            1.   Key review procedure to the proposed location - provide simply process for preferred locations, i.e. outright use; and

            2.   Site plan review - some or all antenna/pole types and locations.

         (d)   Application requirements:

            1.   Mapping of all proposed locations in city;

            2.   Technical data to support locations, particularly if preferred site types are not used; and

            3.   Visual impact analysis.

(Ord. 1285, passed 3-3-2014; Ord. 1312, passed 5-16-2016; Ord. 050525A, passed 5-19-2025) Penalty, see § 152.999

      (1)   The creation, dedication or construction of all new public or private streets in all subdivisions, partitions or other developments in the city;

      (2)   The extension or widening of existing public or private street rights-of-way, easements or street improvements including those which may be proposed by an individual, or which may be required by the city in association with other development approvals;

      (3)   The construction or modification of any utilities or sidewalks or private street easements with the provision of an adequate area for sidewalks, sanitary sewers, storm sewers, water lines, natural gas lines, power lines and other utilities commonly and appropriately placed in such rights-of-way and for the drainage of surface water from all residential, commercial and industrial development; to minimize erosion; to reduce degradation of water quality due to sediments and pollutants in storm water runoff; and

      (4)   The provisions of this section shall apply to all land partitions and subdivisions, planned unit developments, conditional use permits, multi-family dwelling developments, multiple use structures and development, commercial developments and industrial development; and to the reconstruction or expansion of such developments.

      (1)   Development standards, which are unique to a particular use, or special use, shall be set forth within the district or in that section governing the use; and

      (2)   Those development standards which are unique to a particular district shall be set forth in the section governing that district.

 

      (1)   Improvement work including excavation, clearing of trees or other work shall not be commenced until plans have been checked for adequacy and approved by the city. To the extent necessary for evaluation of the proposal, the plans may be required before approval of the tentative plan of a subdivision or partition. All plans shall be prepared in accordance with requirements of the city.

      (2)   Improvement work shall not be commenced until the city has been notified in advance, and if work has been discontinued for any reason, it shall not be resumed until the city has been notified.

      (3)   All required improvements shall be constructed under the inspection, and to the satisfaction, of the city. The city may require changes in typical section and details if unusual conditions arise during construction, which warrant such change in the interests of the city.

      (4)   All underground utilities, sanitary sewers and storm drains installed in streets shall be constructed prior to the surfacing of such streets. Stubs for service connections for all underground utilities and sanitary sewers shall be placed to such length as will obviate the necessity for disturbing the street improvements when service connections are made.

      (5)   Fire hydrant standards:

         (a)   The maximum distance between a new primary building and the nearest fire hydrant shall be 250 feet for residential development and 150 feet for commercial development. If the above standards cannot be met, the installation of an additional hydrant that would satisfy the applicable standard shall be required of the applicant; and

         (b)   Hydrants shall have a 250 foot maximum spacing between hydrants. Any such new fire hydrant shall have a minimum flow of 1,000 gallons per minute and shall be on a minimum eight-inch waterline. All other specifications not listed must be engineered to meet American Insurance Association (A.I.A.) or N.F.P.A. standards.

      (6)   Utility standards:

         (a)   All new electric, telephone and cable connections are subject to approval by the City Public Works Supervisor and shall be placed underground.

         (b)   Utilities shall be restricted to one side of the street in new developments, or the closest side of the utility must be at least ten feet from where trees are to be planted. Utilities should be in areas of compacted soils, such as under roadbeds or sidewalks, to discourage roots in the utility zone. Where underground utilities cannot avoid being placed within the drip line of resource trees, tunneling, a minimum of two feet in depth, or hand digging trenches with all roots one inch or larger left intact and smaller roots cleanly cut on the tree side of the trench, shall be the means of installing these utility lines.

         (c)   Service lines from the right-of-way shall be located as far as possible from all trees or designated tree planting locations. If utilities must be placed within drip lines of significant or heritage trees, lines shall be tunneled at a minimum of two feet in depth (keeping as far from the tree trunk as possible, but in no circumstance within five feet of the tree trunk).

         (d)   For a period of five years after the overlay or reconstruction of a city street, there shall be no cutting of the pavement for the installation of utilities lines without the approval of the City Public Works Director.

      (7)   The grading of the street right-of-way and lot constructed at the time of the subdivision or development construction shall be under the supervision of an engineer, geologist or landscape architect who is knowledgeable and skilled in the treatment of soils, soil stabilization and soil erosion. Due consideration shall be given to the existing terrain, cross slope and vegetation. Excessive grading of the right-of-way or the lot areas or removal of large amounts of vegetation will not be permitted. Approval of the grading plan by the city engineer and the Planning Commission shall be given prior to any construction.

         (a)   The methods to be used to minimize the amount of runoff, filtration and pollution created from the development both during and after construction;

         (b)   Plans for the construction of storm sewers, open drainage channels and other facilities which depict line sizes, profiles, construction specifications and other such information as is necessary for the city to review the adequacy of the storm drainage plans; and

         (c)   Calculations used by the engineer in sizing storm drainage facilities.

         (a)   Protect and preserve existing natural drainage channels identified on the city’s stormwater master plan. Protection shall be assured by not altering existing channels and providing a 20 foot setback from the banks of the existing channel. Exceptions include the continuation of existing practices and development already within the 20 foot setback, emergency repairs to the drainage channel and routine maintenance or replacement of existing facilities as approved by the City Public Works Director;

         (b)   Protect development from flood hazards as required in § 152.037;

         (c)   Provide a system by which water within the development will be controlled without causing damage or harm to the natural environment, or to property or persons within the drainage basin;

         (d)   Assure that waters drained from the development are substantially free of pollutants, through such construction and drainage techniques as sedimentation ponds, reseeding, pleasing of grading;

         (e)   Assure that waters are drained from the development in such a manner that will not cause erosion to any greater extent than would occur in the absence of development;

         (f)   Provide dry wells, French drains or similar methods, as necessary to supplement storm drainage systems; and

         (g)   Avoid placement of surface detention or retention facilities in road rights-of-way. In order to prevent degradation of a natural watercourse, the city may require the watercourse to be bridged or spanned.

      (3)   In the event a development or any part thereof is traversed by any watercourse, channel, stream or creek, gulch or other natural drainage channel, adequate easements for storm drainage purposes shall be provided to the city. This does not imply maintenance by the city.

      (4)   Channel obstructions are not allowed, except as approved for the creation of detention or retention facilities approved under the provisions of this chapter. Fences with swing gates may be utilized.

      (5)   Prior to acceptance of a storm sewer system by the city, the storm sewers shall be flushed and inspected by the city. All costs shall be born by the developer.

         (a)   The location, design, installation and maintenance of all utility lines and facilities shall be carried out with minimum feasible disturbances of soil and site.

         (b)   All development, which has a need for water service, shall install water facilities and grant necessary easements pursuant to the requirements of the city.

         (c)   All development, which has a need for electricity, gas and communications services shall install them pursuant to the requirements of the district or company serving the development. Except where otherwise prohibited by the utility district or company, all such facilities shall be underground.

         (d)   All development, which has a need for public/private sanitary sewers, shall install the facilities pursuant to the requirements of the city. Installation of such facilities shall be coordinated with the extension of necessary water services and storm drainage facilities. No storm drainage conveyances shall be outlet or connected to the city’s sanitary sewer system.

         (e)   All land divisions or other development requiring subsurface disposal systems shall be prohibited except for:

            1.   Development of land divisions shall conform to the requirements of that district; and

            2.   Parcels which have unique topographic or other natural features, which make sewer extension impractical, as determined on a case-by case basis by the City Public Works Director.

         (f)   All developments proposing sub-surface sewage disposal shall receive approval for the system from the city. Said systems shall be installed pursuant to O.R.S. 454.605 and 454.745 and the O.A.R. 340, Divisions 71 and 73.

      (1)   The city or other agency with access permit jurisdiction may require the closing or consolidation of existing curb cuts or other vehicle access points, recording of reciprocal access easements (i.e., for shared driveways), development of a frontage street, installation of traffic control devices and/or other mitigation as a condition of granting an access permit, to ensure the safe and efficient operation of the street and highway system. Access to and from off-street parking areas shall not permit backing onto a public street.

      (2)   When vehicle access is required for development (i.e., for off-street parking, delivery, service, drive-through facilities and the like), access shall be provided by one of the following methods (a minimum of ten feet per lane is required). These methods are “options” to the developer/subdivider.

         (c)   Option 3. Access is from a public street adjacent to the development parcel. If practicable, the owner/developer may be required to close or consolidate an existing access point as a condition of approving a new access. Street accesses shall comply with the access spacing standards in division (I)(5) below.

         (a)   When a lot has frontage onto two or more streets, access shall be provided first from the street with the lowest classification. For example, access shall be provided from a local street before a collector or arterial street.

         (b)   Except for corner lots, the creation of new double-frontage lots shall be prohibited in the Open Space Land Use District (O District); Residential Low and Medium (R-7.5 and R-5.0); Multiple Use Residential (R-O); Neighborhood Commercial District (N-C); Highway Commercial District (H-C); Central Commercial District (C-C District); Town Center District (TC); Light Industrial (L-I); General Industrial (G-I) unless topographic or physical constraints require the formation of such lots.

         (c)   When double-frontage lots are permitted in these zones, a landscape buffer with trees and/or shrubs and ground cover not less than 20 feet wide shall be provided between the back yard fence/wall and the sidewalk or street; maintenance shall be assured by the owner (i.e., through homeowner’s association and the like).

            1.   For single-family dwellings, duplexes, triplexes, quadplexes, townhouses and cottage clusters, one street access point is permitted per lot, when alley access cannot otherwise be provided; except that two access points may be permitted for duplexes, triplexes, quadplexes, and cottage clusters on corner lots (i.e., no more than one access per street), or with lot widths greater than 50 feet, subject to the access spacing standards in this division (I)(5).

            2.   The number of street access points for multiple family, commercial, industrial and public/institutional developments shall be minimized to protect the function, safety and operation of the street(s) and sidewalk(s) for all users.

            3.   Shared access may be required, in conformance with division (Q) below, in order to maintain the required access spacing, and minimize the number of access points.

      (1)   The City Planning Commission or City Manager designate may require the reservation for public acquisition, at a cost not to exceed acreage values in the area prior to subdivision, or appropriate areas within the subdivision for a period not to exceed one year providing the city has an interest or has been advised of interest on the part of the State Highway Commission, school district or other public agency to acquire a portion of the area within the proposed subdivision for a public purpose, including substantial assurance that positive steps will be taken in the reasonable future for the acquisition.

      (2)   The City Planning Commission may require the dedication of suitable areas for parks, playgrounds and transportation rights-of-way, subject to rough proportionality with the impacts being created.

         (a)   Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or

         (b)   Conform to the city’s Comprehensive Plan to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impractical.

         (a)   Unless otherwise indicated in the Comprehensive Plan, the widths of the streets, alleys and other public ways, in feet, shall comply with the requirements of the standard drawings in the city’s Transportation Systems Plan (TSP).

         (b)   Where existing conditions of topography or the size and shape of land parcels, or other like physical conditions, make it otherwise impractical to provide buildable lots, the Planning Commission may accept a narrower right-of-way with suitable allowance for increased width at strategic locations for turning lanes, parking bays or similar special design features.

      (10)   Half-streets. Half-streets, while generally not acceptable, may be approved when essential to the reasonable development of the subdivision, when in conformity with the other requirements of these regulations, and when the Planning Commission finds it will be practical to require the development of the other half when the adjoining property is subdivided. Whenever a half-street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract. Reserve strips and street plugs shall be required to preserve the objectives of the half-streets.

         (a)   Cul-de-sacs shall only be allowed when one or more of the following conditions exist:

            1.   Physical or topographic conditions make a street connection impracticable. Such conditions, include, but are not limited to, freeways, railroads, steep slopes (greater than 20% grade) wetlands or other bodies or water where a connection could not reasonably be provided;

            2.   Buildings or other existing development on adjacent lands physically preclude a connection now or in the future considering the potential for redevelopment; and

            3.   Where streets would violate provisions of leases, easements, covenants, restrictions or other agreements existing as of the date of adoption of the city’s Transportation System Plan, which precluded a required street connection.

         (b)   Cul-de-sacs shall have maximum lengths of 600 feet. All cul-de-sacs shall terminate with circular turnarounds.

         (c)   Cul-de-sacs or dead end hammerhead streets shall be connected with walking or bicycle paths in accordance with division (P) below.

rear or side property line or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

      (1)    Creation of streets :

         (a)   The creation of a street shall be in conformance with the requirements for the development, except that the Planning Commission may approve the creation of a street to be established by deed without full compliance with the regulations applicable to a development when the Planning Commission has sufficient assurance that the proposed street or enlargement thereof shall be improved to city standards and when the City Planning Commission finds any of the following conditions exist.

            1.   The establishment of the street, or the extension or widening thereof, is initiated by the City Council and declared essential for the purpose of general traffic circulation and the partitioning of land is of incidental effect rather than the primary objective of the street.

            2.   The tract in which the street is to be dedicated is an isolated township of one acre or less.

         (b)   In those cases where approval of a street may be given without full compliance with the regulations applicable to developments, a copy of the proposed deed shall be submitted to the city at least five days prior to the Planning Commission meeting at which consideration is requested. The deed and such information as may be submitted shall be reviewed by the City Planning Commission and if, not in conflict with the standards of these regulations, shall be approved with conditions necessary to preserve these standards. Upon approval, the City Planning Commission shall forward the said deed to the City Council with recommendations that the same be accepted, and with further recommendations as to the improvement requirements and assurance thereof which the Planning Commission recommends as a condition to acceptance of this street.

      (2)   Before finalization and acceptance of any site plan approval, conditional use permit, planned unit development, final plat of a subdivision, final map of a partition, commercial and industrial site development, multi-family dwellings and multiple use structure development, the applicant shall install required street and sidewalk improvements and repair existing streets and other existing public facilities damaged in the development of the property.

         (a)   In areas that will not be served by a public sewer, minimum lot size-shall be increased to conform with the requirements of the County Health Department and shall take into consideration problems of water supply and sewage disposal.

         (b)   Where property is zoned and planned for industrial or commercial use, other standards may be permitted at the discretion of the Planning Commission. Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated.

         (c)   The lot layout shall be in agreement with the area designations shown on the adopted Comprehensive Plan.

         (a)   Sites currently listed on the Statewide Inventory of historic sites and buildings, as well as any future sites of historic importance, shall be subject to additional site review criteria.

         (b)   In addition to the requirements of this section, any demolition, interior remodeling or alterations to an historic building, or development of an historic site shall be subject to an additional public hearing. At the time of mailing of the public notice, the city shall give a 45-day notice to the state’s historical preservation office and local historic interest groups of the proposed development in order to determine an appropriate course of action. The testimony of these groups shall be included in the staff report to the Planning Commission.

         (a)   It shall be required that electric, telephone and other utility lines shall be located underground, except if conditions such as topography or other circumstances over which the applicant has no control apply to the property.

         (b)   Utility lines and installations remaining above the ground shall be located to the rear of the site so as to have a harmonious relationship to adjacent and abutting properties and the site.

         (c)   Solid waste disposal containers shall be screened and placed away from public view in areas as indicated in the site plan (as per division (F) above).

         (a)   All rear lot lines abutting the county F-1 Zone shall be fenced.

         (b)   A 20 foot setback and additional landscaping shall be required to avoid conflicting uses for agricultural protection except if conditions such as lot size, shape, topography or other circumstances over which the applicant has no control apply to the property.

         (c)   In conjunction with the abutting or adjacent county F-1 Zone, as part of the requirements for development, the following declaratory statement be entered into the building permit and chain of title.

            “The subject property is located adjacent to or abutting an area designated by the county and recognized by the city for agricultural uses. Accepted farm practices in these adjacent or abutting areas may create inconvenience for the owners of adjacent properties. However, the city does not consider it the agricultural operator’s responsibility to modify farm practices to accommodate owners or occupants of surrounding property, with the exception of such operator’s violation of existing federal and state or local laws.”

         (a)   The intent of this division (O)(6) is to provide adequate protection for environmentally sensitive areas in all zones within the UGB. Areas of concern include perennial streams, sloughs, rivers and wetlands with their associated fish and wildlife species and riparian wetland vegetation. The location of these areas is shown in the “Wetland Planning Map for the City of Tillamook”, adopted herein by this reference.

         (b)   In the event of a proposed development within a wetland or setback area, a copy of the proposed development as per § 152.070(F)(1) through (F)(7) will be submitted to the O.D.F.W. for review.

         (c)   O.D.F.W. shall have a 30-day review period from the date of application in which to provide written comments and recommendations on the proposed development. During this review period, no site alteration shall be allowed to take place. The recommendations issued by the O.D.F.W. will be presented as part of the staff recommendation and shall be followed by the appropriate reviewing body in determining the appropriate development action.

            1.   Pedestrian pathway surfaces shall be concrete, asphalt, brick/masonry pavers or other durable surface, at least five feet wide, and shall conform to ADA requirements.

            2.   Multi-use paths (i.e., for bicycles and pedestrians) shall be the same materials as listed in division (P)(5)(b)1. above, at least six feet wide and shall conform to ADA requirements. (See also City of Tillamook Public Works Design Standards § 2.14, “Ancillary Facilities”.) No matter which surface is utilized, grading and compaction shall be sufficient to allow the unimpeded passage of wheeled vehicles such as bicycles, wheelchairs and perambulators.

            3.   Unless the pathway is shared between adjacent property owners, a minimum of five feet between the pathway surface and the property line is required.

            4.   All pathways shall be completed as part of development, not delayed to coincide with individual building/housing construction.

         (a)   Work shall not begin until plans have been checked for adequacy and approved by the city. To the extent necessary for evaluation of the subdivision or development proposal, the plans shall be required before the approval of the final plat.

         (b)   Work shall not begin until the city has been notified in advance. If work has been discontinued for any reason for a period of one year, it shall not be resumed until the city has been notified.

         (c)   1.   Improvements shall be constructed under the inspection and to the satisfaction of the city. The city may require changes in typical sections and details if unusual conditions arise during the construction to warrant the change in the public interest.

            2.   The city reserves the right to:

               a.   Require the developer to provide supervision of the improvements by a qualified engineer; or

               b.   Require the developer to deposit 3% of the anticipated construction costs to be applied to the retention of a supervising engineer. Said deposit shall be applied to the cost of the supervising engineer; if the cost exceeds 3%, the developer shall pay the additional; if it is less than the 3% a refund will be made to the developer. When the developer’s engineer performs the inspection, a certification of construction inspection shall be issued with the “as built” drawings.

         (d)   All underground utilities, sanitary sewers and storm drains installed in streets shall be constructed prior to the surfacing of such streets. Stubs for service connections for all underground utilities and sanitary sewers shall be placed to such length as will obviate the necessity for disturbing the street improvements when service connections are made. Storm sewers that are required as a result of a drainage study prepared by a registered professional engineer shall be installed by the developer.

         (e)   A reproducible map showing all public improvements as built shall be filed with the city upon completion of said improvements.

         (f)   “As built” drawings of all improvements constructed within the development. Said drawings shall define the exact location of all underground utilities and surface drainage as they were constructed. The location of such utilities shall be determined by the developer at the time of construction and independent of the utility company’s records. When utilities cross permanent structures, such as sidewalks or curbs, the location of the utility shall be indicated on the permanent structure.

         (a)   To assure full and faithful performance of the improvement agreement, the developer shall file with the said agreement a personal undertaking signed by all persons having a beneficial interest in the subject property, which undertaking shall be approved in form by the City Attorney and shall be one of the following:

            1.   Co-signed by at least one additional person who shall not be related to the developer by blood or consanguinity. The developer and co-signer shall submit evidence of financial responsibility in affidavit form which satisfies the city that the financial resources of the surety signing the bond provide reasonable assurance of the ability of the developer to proceed in accordance with the agreement;

            2.   Co-signed by a surety company authorized to transact business in the state;

            3.   Secured by the deposit of cash or cashier’s check, governmental bearer bonds or other like cash security available to the city in case of default in the undertaking, the deposit to be in the penal amount of the bond; or

            4.   A letter of assignment from an authorized financial institution. Letter of assignment shall be held in force by the city until improvements are deemed complete by the city. The city shall have access to funds guaranteed by the letter of assignment in case of default in the undertaking and said letter of assignment shall only be terminated with approval of the city.

         (b)   Approve and release such bonds upon the completion of the project. A portion of a bond may be released as components of the project are completed;

         (c)   Require a development agreement containing the conditions of approval to be signed by the developer and recorded with the county; and

         (d)   Require the applicant execute and file with the City Manager an agreement between himself or herself and the city specifying the period within which required improvements and repairs shall be completed and providing that, if the work is not completed within that period specified, the city may complete the work and recover the full cost and expense, together with court costs and attorney fees necessary to collect said amount from the land developer.

            1.   The agreement shall also provide the reimbursement of the city for the cost of inspection by the city of the improvements to be installed.

            2.   The agreement may also provide for the construction and improvements to be completed in units and for an extension of time under the conditions therein specified

         (a)   Security may consist of a faithful performance bond payable to the city, cash, certified check or such other assurance of completion approved by the city; and

         (b)   If the installation of the landscaping is not completed within the six-month period, the security may be used by the city to complete the installation.

      (6)   The applicant shall ensure that all occupants of the completed project, whether permanent or temporary, shall apply for and receive a city business license prior to initiating business.

(Ord. 1285, passed 3-3-2014; Ord. 1320, passed 3-20-2017; Ord. 1335, passed 7-2-2018; Ord. 1349, passed 8-19-2019; Ord. 050525A, passed 5-19-2025) Penalty, see § 152.999

         (a)   Three feet in height if the fence is within ten feet of the front lot line;

         (b)   Six feet in height if the fence is set back more than ten feet from the front lot line; or

         (c)   Vision clearance area as per § 152.050(E) shall be required for corner lots.

         (a)   Three feet in height if the fence is within ten feet of the lot line;

         (b)   Six feet in height if the fence is set back more than ten feet from the lot line; or

         (c)   Vision clearance area as per § 152.050(E) shall be required for comer lots.

         (a)   No owner or person in charge of property shall construct or maintain a barbed-wire fence thereon, or permit barbed wire to remain as part of a fence along a sidewalk or public way or along the adjoining property line of another person unless placed at least three feet behind an initial fence.

         (b)   No owner or person in charge of property shall construct, maintain or operate an electric fence along a sidewalk or public way or along the adjoining property line of another person unless placed at least three feet behind an initial fence.

         (a)   The public and private benefits which will result from the temporary lighting;

         (b)   Any annoyance or safety problems that may result from the use of the temporary lighting; and

         (c)   The duration of the temporary non-conforming lighting. The applicant shall submit a detailed description of the proposed temporary non-conforming lighting to the Public Works Director.

         (a)   Residential fixtures consisting of lamp types with 2,050 lumens or less. Examples include:

            1.   One hundred watt standard incandescent and less;

            2.   One hundred watt mid break tungsten-halogen (quartz) and less;

            3.   Twenty-five watt T-12 cool white fluorescent and less; and

            4.   Eighteen watt low pressure sodium and less.

         (b)   Federally funded and state funded roadway construction projects to the extent necessary to comply with federal and state requirements;

         (c)   Fossil fuel light produced directly or indirectly by the combustion of natural gas or other utility-type fossil fuels;

         (d)   Full cutoff street lighting, which is part of a federal, state or municipal installation;

         (e)   Holiday lighting;

         (f)   Lighting of sports facilities or stadiums;

         (g)   Specialized lighting necessary for the safety, such as navigation or runway lighting of airports, or temporary lighting associated with emergency operations, road hazard warnings and the like; and

         (h)   Traffic control signals and devices.

         (a)   Newly installed fixtures, which are not full cutoff fixtures;

         (b)   Lighting which presents a clear hazard to motorists, cyclists or pedestrians; and

         (c)   The use of laser source light or any similar high intensity light for outdoor advertising or entertainment is prohibited.

      (1)   Detached garages shall be encouraged to be located to the rear of the residence. If an alley is available, paved and improved to a minimum width of five feet, it shall service the garage. Attached garages are required to be located at least five feet behind the front wall of the house.

      (2)   Driveways shall be placed alongside of a residence leading to a detached garage, unless an alley paved and improved to a minimum width of ten feet is available, then the alley shall be utilized. Exceptions to the location of the driveway include conditions such as lot size, shape, topography or other circumstances over which the applicant has no control apply to the property which force the driveway to be located elsewhere. Shared driveways are encouraged to reduce the impact of the automobile on the appearance of small lot residential neighborhoods. Separated driveway wheel tracks of concrete, gravel or pavers are encouraged, except in circumstances where an extended driveway is a critical component of fire protection access. Impermeable surfacing shall be minimized.

         (a)   Fifteen feet from rear lot line;

         (b)   Fifteen feet from a side lot line, on a side not abutting a street;

         (c)   Twenty feet from a side lot line, on a side abutting a street; and

         (d)   Ten feet from any dwelling on the lot.

      (1)   Ground dishes or piece of equipment under 24 inches:

         (a)   Shall be located based on technical need with the rear yard given first priority, side yard second priority and front yard third priority. Written verification of technical need may be requested from a qualified dealer prior to siting in a front yard;

         (b)   A ground dish shall abide by the setback requirements of the zone district in which it is located. Zone districts without an established setback area shall, at a minimum, provide a five foot side and rear yard setback and a minimum of ten feet shall be required for a front yard setback;

         (c)   Any portion of a ground dish which is above a height of ten feet must be inset and additional one-half foot for each foot of height exceeding ten feet; and

         (d)   All ground dishes located in a front or side yard shall be screened by sight-obscuring fences and/or dense landscape buffers. Such buffers shall, at a minimum, screen 50% of a ground dish based on the total vertical height with a maximum buffer height of six feet. Dishes may be painted to blend with the existing surroundings.

      (2)   Roof dishes or piece of equipment under 24 inches may be mounted on roofs, porches or project from a wall of the dwelling.

      (3)   Any satellite dish or piece of equipment larger than 24 inches shall be confined to rear or side yards, and shall be screened from any viewpoint four feet above and along the centerline of a city street.

      (1)   Tents, tarps and other temporary structures lacking foundations which are left in place longer than seven consecutive days shall not be visible from any viewpoint four feet above and along the centerline of a city street.

      (2)   In all residential zones, all off-street parking of automobiles, trucks, trailers and recreational vehicles in the front yard shall be limited to a contiguous area which is no more than 25% of the area of the front yard.

      (3)   Such structures, vehicles or devices shall not be used as a dwelling, either permanently or for more than seven days temporarily.

         (a)   Prior to site alterations, a thorough inventory and mapping of the location, type and quality of trees on the property will be prepared. The map must be to the same scale as the site plan for the development proposal. In the instances where the property contains large volumes of woodlands, the inventory can take the form of a description of type, location and general volumes of tree groupings.

         (b)   During site alterations, the retention of resource trees is strongly encouraged. Construction of natural buffers using native vegetation between sensitive natural environments and transportation systems is encouraged. Methods and details for protecting existing vegetation during construction must be submitted for City Planner approval.

         (c)   A project wide landscape plan (with installation timelines and maintenance requirements) prepared by a qualified landscape professional must be submitted for City Planner approval prior to the issuance of a certificate of occupancy by the building official, unless otherwise specified by the City Planner or conditioned in a final order for approval. All street and common areas must be landscaped within a reasonable amount of time after the completion of the improvements in those areas; however, a secured agreement to provide individualized landscape plans and timelines for the front yard (at a minimum) of each lot of a subdivision within one and one-half years from final platting of the affected phase may be permitted.

         (d)   The predominant use of ground covers, such as bark, mulch and rock, as a permanent landscape feature is discouraged. The location and description of landscape improvements, such as earth berms, walls, fences, screens, sculptures, fountains, street furniture, lights and courts or paved areas must be graphically indicated on the landscape plan.

               a.   Commercial and industrial development shall provide an amount of landscaping which equals 10% of buildable area in landscaping. Public and semi-public developments shall provide an amount of landscaping which equals 15% of buildable area. Development within the

C-C Zone and TC and HW overlays have the option of employing a two square foot per one linear foot of street frontage providing the landscaping is adjacent to the frontage. Placement of required landscaping shall not be restricted to within the buildable area, but may be located within the required setback areas.

               b.   Multi-family and mobile park development shall provide an amount of landscaping which equals 10% of buildable area in landscaping in addition to open space requirements. Placement of required landscaping shall not be restricted to within the buildable area, but may be located within the required setback area.

               a.   Height and screening may be emphasized through the planting of deciduous trees. If deciduous trees are used, they should have straight trunks, be fully branched, have a minimum caliper of one and one-fourth inches and a minimum height of eight feet at the time of planting. Deciduous trees can be supplied bare root provided the roots are protected against damage.

               b.   Evergreen trees and shrubs must be balled and burlapped or in suitable containers in which the tree or shrub has grown for one year. If balled and burlapped, the ball of each tree or shrub shall be firm and the burlap sound; no loose ball or made ball will be acceptable. Each tree shall be a minimum of six feet in height, fully branched and adequately staked at the time of planting.

               c.   Ground cover shall be supplied in a minimum four-inch size container. Ground cover plantings shall be planted on a maximum of 30 inches on center and 30 inches between rows. Rows of plants are to be staggered for a more effective covering. If a two and one-fourth inch container is used, planting 18 inches on center may apply within the above guidelines.

               d.   Shrubs shall be supplied in one-gallon containers or nine to ten inch burlap balls with a minimum spread of 12 inches to 15 inches.

               a.   Evergreen and/or deciduous plant material shall have a minimum height at the time of planting of 18 inches to 24 inches.

               b.   Parking lot plants and/or berms shall be designed to allow surveillance of the lot from the street at several points.

               c.   In all zones, except the R-7.5 or R-5.0 Residential Zones, all parking facilities shall include landscaping to cover not less than 12% of the area devoted to outdoor parking facilities, including any landscaping required in division (M) below. Said landscaping shall be uniformly distributed throughout the parking area, be provided with irrigation facilities and be protective curbs or raised wood headers. It may consist of trees, plus shrubs, groundcover or related plant material.

               a.   The retention of trees shall be considered in the design of partitions, site plans, subdivisions or planned developments and the placement of roads and utilities shall preserve trees wherever possible. The need to remove trees shall be considered in the review process for partitions, site plans, subdivisions or planned developments.

               b.   The preservation of trees, as mentioned in division (L)(2)(a) below, shall provide a basis for consideration of a landscaping credit, which can reduce the landscaping requirements on the subject property by 10% (10% of 10% landscaping = 1%).

               c.   The planting and maintenance of street trees in the public right-of-way shall provide a basis for consideration of a landscaping credit, which can reduce the landscaping requirements on the subject property by 10% per street tree (10% of 10% landscaping = 1%).

         (a)   Shade trees are required along all streets, except in the downtown Town Center. The city approved street tree list governs street tree selection and replacement on each street. Species designated in the list should be consistent with the character, height, canopy and spacing of a neighborhood’s original plantings, and the scale and function of the street within the city. The approved street tree list shall be used in order to determine whether a small, medium or large tree is selected. A limited number of the same species should be planted along any single street.

         (b)   Street trees shall be sized, spaced and planted in accordance with the standards provided below and shall be located in the center of five foot wide planter strips between streets and pathways (minimum ten foot in length) or between two and one-half to four feet from street edge pathways or impervious surfaces. Plant the largest tree that space allows for each planting location.

         (c)   1.   If utilities exist in the planting strip, large trees shall be planted on the side of the road without utilities and medium and small trees on the utility side of the road. It is recommended that in these situations, rather than having equal sized planting areas, that the planting areas on the side opposite the utilities be larger than the utility side planting areas.

            2.   In general, the side of the street without overhead electric lines should be planted with trees with potential to attain a large size, if there are no obvious constraints to trees attaining mature size, such as small planting areas. On the sides of streets with overhead electrical lines directly above the planting areas, only trees from the recommended street tree list designated “small” may be planted, unless there is a minimum of ten feet of horizontal clearance between the bases of the street trees and electrical facilities.

            3.   Columnar shaped trees should only be used where there are obstructions like buildings, signs and overhead electrical lines that preclude broader canopied trees. Medium sized trees may be planted if the horizontal clearance is ten feet or greater, and large trees may be planted if the horizontal clearance is 20 feet or greater.

         (d)   At street corners, no tree shall be planted which branches below eight feet to ensure vision clearance.

         (e)   Appropriate pruning, watering, nutrient feeding and tree protection devices are required after planting, staking only when necessary. No metal stakes may be used for tree stakes. Tree protection devices shall remain in place until the trees reach four inch DBH or until the trees have been in place for two years, whichever is longer.

         (f)   A secured agreement shall be provided that ensures that if planted trees are not alive and viable two years after planting, replacements will be required.

         (a)   Developers shall install and/or dig, ball, burlap and transplant all plant materials listed on landscape plan. Bareroot is typically not permitted for any tree.

         (b)   Plant materials shall conform to the requirements described in the latest edition of American Standard for Nursery Stock, which is published by the American Association of Nurserymen. Plants shall be nursery grown. Neither heeled-in plants nor plants from cold storage shall be acceptable.

         (c)   Plants shall conform to the measurements specified in the landscape plan.

            1.   Diameter at breast height (DBH) shall be measured by taking the circumference of the tree’s trunk(s) at four feet above grade/ground level and dividing by 3.14.

            2.   Minimum branching height for all shade trees shall be six feet.

            3.   Minimum size for shade trees shall be two inches at DBH; seven to nine feet in height.

            4.   Minimum size for evergreen trees shall be six to eight feet in height.

            5.   The minimum planting area by tree size shall be:

               a.   Small trees (under 25 feet in height at maturity): 40 square feet;

               b.   Medium trees (between 25 to 50 feet in height at maturity) 60 square feet; and

               c.   Large trees (over 50 feet in height at maturity) 96 square feet.

            6.   The maximum spacing between trees shall be:

               a.   Small trees: 20 feet;

               b.   Medium and large trees: 30 feet; and

         (d)   A professional horticulturist/nurseryman shall be consulted to determine the proper time to move and install plant material so that stress to the plant is minimized.

         (e)   1.   Planting areas for trees must be in an uncompacted state to a depth of at least two feet. Areas to be ripped or excavated to that depth, unless within the drip line of a resource tree or if roots from other trees larger than one inch diameter are encountered. If these occur, obtain and follow the recommendation of a certified arborist.

            2.   Use existing soil for tree planting. Avoid adding topsoil. Soil amendments like aged sawdust (minimum of ten years of aging) may be used. Avoid working the soil when it is saturated with water, frozen or dry. Use two to three inches of bark mulch around all newly planted trees.

         (a)   Hedges, shrubs and other landscaping used for screening and privacy shall not be installed or planted on or across a property line unless jointly owned by adjoining property owners, in which case they may be on the property line. Hedges and shrubs shall not extend beyond the property line unless jointly agreed to by adjoining landowners.

         (b)   All landscaping or portions thereof shall be located in such a way as to not be detrimental to abutting property. No landscaping shall obstruct or threaten to obstruct the access of neighboring property to adequate and sufficient sunlight.

         (a)   No owner or person in charge of property that abuts upon a street or public sidewalk shall permit trees, bushes, hedges or shrubs on the property to interfere with street or sidewalk traffic. It shall be the duty of an owner or person in charge of the property that abuts upon a street or public sidewalk to keep all trees on the premises, including the adjoining parking strip, trimmed at a height of not less than ten feet above the sidewalk and not less than 14 feet above the roadway.

         (b)   No owner or person in charge of property shall allow a dead or decaying tree to stand that is a hazard to the public or to persons or property on or near the property.

      (1)   A request in writing is provided in the form of a letter to the City Council and a city public works permit application for street trees proposed in a new subdivision or newly created road right-of-ways, or a city public works permit application for administrative permission for street tree(s) proposed on an existing tree lawn and an established road right-of-way with curb;

      (2)   A plot plan of area referencing water and sewer lines, power lines, driveways and intersecting streets is provided; and

      (3)   Approval, if granted by the city, shall be required in the form of an approved city public works permit prior to planting of the tree or trees. Fees for such permit shall be paid prior to approval by the abutting property owner.

         (a)   The entrance must be within eight feet of the longest street-facing wall of the dwelling unit; and

         (b)   The entrance must either:

            1.   Face the street (see Figure 152.053(O)-1);

            2.   Be at an angle of up to 45 degrees from the street (see Figure 152.053(O)-2);

            3.   Face a common open space that is adjacent to the street and is abutted by dwellings on at least two sides (see Figure 152.053(O)-3); or

            4.   Open onto a porch that is at least 25 square feet in area, and that must have at least one entrance facing the street or have a roof (see Figure 152.053(O)-4).

         (a)   The garage or off-street parking area is separated from the street property line by a dwelling; or

         (b)   The combined width of all garages and outdoor on-site parking and maneuvering areas does not exceed a total of 50% of the street frontage (see Figure 152.053(O)-6), and driveways must meet the access spacing standards in § 152.052(I)(5).

         (a)   Conversions are exempt from the design standards of § 152.053(O)(1) through (3); and

         (b)   Conversions are exempt from the minimum parking requirements in § 152.054(I)(1).

         (a)   The entrance must be within eight feet of the longest street-facing wall of the dwelling unit; and

         (b)   The entrance must either:

            1.   Face the street (see Figure 152.053(P)-1);

            2.   Be at an angle of up to 45 degrees from the street (see Figure 152.053(P)-2);

            3.   Face a common open space that is adjacent to the street and is abutted by dwellings on at least two sides (see Figure 152.053(P)-3); or

            4.   Open onto a porch that is at least 25 square feet in area, and that must have at least one entrance facing the street or have a roof (see Figure 152.053(P)-4).

         (a)   A roof dormer a minimum of four feet in width;

         (b)   A balcony a minimum of two feet in depth or four feet in width and accessible from an interior room;

         (c)   A bay window that extends from the facade a minimum of two feet;

         (d)   An offset of the facade of a minimum of two feet in depth, either from the neighboring townhouse or within the facade of a single townhouse;

         (e)   An entryway that is recessed a minimum of three feet;

         (f)   A covered entryway with a minimum depth of four feet; or

         (g)   A porch with at least 25 square feet in area, and at least one entrance facing the street or have a roof.

         (i)   Balconies and bay windows may encroach into a required setback area.

      (3)    Windows. A minimum of 15% of the area of all street-facing facades on each individual unit must include windows or entrance doors. Half of the window area in the door of an attached garage may count toward meeting this standard. See Figure 152.053(P)-5.

         (a)   Garages on the front facade of a townhouse, off-street parking areas in the front yard, and driveways in front of a townhouse are allowed if they meet the following standards (see Figure 152.053(P)-2);

            1.   Each townhouse lot has a street frontage of at least 20 feet on a local street.

            2.   A maximum of one driveway per lot is allowed that does not exceed 12 feet wide. For two abutting lots in the same townhouse project, driveways are encouraged to be paired and abut along the lot line to create one shared driveway approach.

            3.   The garage width does not exceed 12 feet wide, as measured from the inside of the garage door frame.

         (b)   The following standards apply to driveways and parking areas for townhouse projects that do not meet all of the standards in division (P)(4)(a).

            1.   Off-street parking areas shall be accessed on the back facade or located in the rear yard. No off-street parking shall be allowed in the front yard or side yard of a townhouse.

            2.   A townhouse project that includes a corner lot shall take access from a single driveway approach on the side of the corner lot. See Figure 152.053(P)-3.

            3.    Townhouse projects that do not include a corner lot shall consolidate access for all lots into a single driveway. The driveway and approach are not allowed in the areas directly between the front facade and the front lot line of any of the townhouses. See Figure 152.053(P)-4.

            4.   A townhouse project that includes consolidated access or shared driveways shall grant access easements to allow normal vehicular access and emergency access.

         (c)    Townhouse projects in which all units take exclusive access from a rear alley are exempt from compliance with division (P)(4)(b).

         (a)   The maximum building footprint for a cottage in a cottage cluster is 900 square feet.

         (b)   A maximum height of 25 feet shall apply to cottage clusters in all zones.

         (c)   A minimum density of four units per net acre shall apply to cottage clusters in all zones.

         (d)   No minimum setback shall exceed ten feet in all zones.

         (e)   Cottages shall be separated by a minimum distance of six feet. The minimum distance between all other structures, including accessory structures, shall be in accordance with building code requirements.

         (f)   A minimum of three cottages and a maximum of eight cottages shall be permitted per common courtyard, per legal lot.

         (a)   Each cottage within a cluster must either abut the common courtyard or must be directly connected to it by a pedestrian path.

         (b)   A minimum of 50% of cottages within a cluster must be oriented to the common courtyard and must:

            1.   Have a main entrance facing the common courtyard;

            2.   Be within ten feet from the common courtyard, measured from the facade of the cottage to the nearest edge of the common courtyard; and

            3.   Be connected to the common courtyard by a pedestrian path.

         (c)   Cottages within 20 feet of a street property line may have their entrances facing the street.

         (d)   Cottages not facing the common courtyard or the street must have their main entrances facing a pedestrian path that is directly connected to the common courtyard.

         (a)   The common courtyard must be a single, contiguous piece.

         (b)   Cottages must abut the common courtyard on at least two sides of the courtyard.

         (c)   The common courtyard must contain a minimum of 150 square feet per cottage within the associated cluster.

         (d)   The common courtyard must be a minimum of 15 feet wide at its narrowest dimension.

         (e)   The common courtyard shall be developed with a mix of landscaping, lawn area, pedestrian paths, and/or paved courtyard area, and may also include recreational amenities. Impervious elements of the common courtyard shall not exceed 75% of the total common courtyard area.

         (f)   Pedestrian paths must be included in a common courtyard. Paths that are contigious to a courtyard shall count toward the courtyard’s minimum dimension and area. Parking areas, required setbacks and driveways do not qualify as part of a common courtyard.

         (a)   An accessible pedestrian path must be provided that connects the main entrance of each cottage to the following:

            1.   The common courtyard;

            2.   Shared parking areas;

            3.   Community buildings; and

            4.   Sidewalks in public rights-of-way abutting the site or rights-of-way if there are no sidewalks.

         (b)   The pedestrian path must be hard-surfaced and a minimum of four feet wide.

            1.   Cottage cluster projects with fewer than 16 cottages are permitted parking clusters of not more than five contiguous spaces.

            2.   Cottage cluster projects with 16 cottages or more are permitted parking clusters of not more than eight contiguous spaces.

            3.   Parking clusters must be separated from other spaces by at least four feet of landscaping.

            4.   Clustered parking areas may be covered.

            1.   Off-street parking spaces and vehicle maneuvering areas shall not be located:

               a.   Within ten feet from any street property line, except alley property lines;

               b.   Between a street property line and the front facade of cottages located closest to the street property line. This standard does not apply to alleys.

            2.   Off-street parking spaces shall not be located within ten feet of any other property line, except alley property lines. Driveways and drive aisles are permitted within ten feet of other property lines.

            1.   Garages and carports (whether shared or individual) must not abut common courtyards.

            2.   Individual attached garages up to 200 square feet shall be exempted from the calculation of maximum building footprint for cottages.

            3.   Individual detached garages must not exceed 400 square feet in floor area.

            4.   Garage doors for attached and detached individual garages must not exceed 20 feet in width.

         (a)    The existing dwelli ng may be nonconforming with respect to the requirements of this code.

         (b)   The existing dwelling may be expanded up to the maximum height and building footprint allowed in division (Q)(l). Existing dwellings that exceed the maximum height and/or footprint of this code may not be expanded.

         (c)   The existing dwelling shall be excluded from the calculation of orientation toward the common courtyard required in division (Q)(2).

(Ord. 1285, passed 3-3-2014; Ord. 1320, passed 3-20-2017; Ord. 1335, passed 7-2-2018; Ord. 1349, passed 8-19-2019; Ord. 050525A, passed 5-19-2025) Penalty, see § 152.999

      (1)   Development of off-street parking and loading areas shall be provided and maintained for any type of development as set forth in this section.

      (2)   Off-street parking and loading standards apply to the following types of development:

         (a)   A new building or structure erected after the effective date of this chapter;

         (b)   The construction or provision of additional floor area, seating capacity or other expansion of an existing building or structure; and/or

         (c)   A change in the use of a building or structure existing on the effective date of this chapter, which would require additional off-street parking spaces or off-street loading areas under the provisions of this section.

      (3)   If the expansion of an existing building or structure does not exceed 50% of the market value or the capacity of the existing building or structure is increased by less than 50% in size, additional parking spaces only need to be provided in proportion to the expansion.

      (4)   If the expansion of an existing building or structure exceeds 50% of the market value or the capacity of the existing building or structure is increased by more than 50% in size, parking spaces and loading spaces must be provided for the entire use according to divisions (G) and (H) below.

      (5)   (a)   If the building or structure in which the change of use occurred does not require additional off-street parking or off-street loading spaces, no additional parking or loading spaces shall be required.

         (b)   Any use requiring one half or more of a parking space or loading space shall be deemed to require the full space.

         (c)   Parking spaces and loading spaces provided to meet the requirements of this chapter shall not be reduced in size or number to an amount less than required by this chapter for the use occupying the building.

         (d)   The provision and maintenance of off-street parking and loading space is a continuing obligation of the property owner.

      (6)   A plan drawn to scale and dimensioned, indicating how the off-street parking and loading requirements are to be met, shall accompany an application for a zoning clearance permit.

      (1)   For property within the Multiple Use Residential (R-O) Zone, the Central Commercial (C-C) Zone and Town Center (T-C) Zone districts, and outside of the C-4 Parking District, the amount of off-street parking required may be reduced by one off-street parking space for every on-street parking space adjacent to the development. An on-street parking credit reduces the number of off-street parking spaces required. An on-street parking credit does not reserve parking spaces for the specific commercial business utilizing the credit. The Planning Commission shall review and approve all on-street parking credits. On-street parking shall follow the established configuration of existing on-street parking as established by the city.

      (2)   The following constitutes an on-street parking space:

         (a)   Parallel parking, each 24 feet of uninterrupted curb;

         (b)   Curb space must be connected to the lot which contains the use;

         (c)   Parking spaces that would not obstruct a required clear vision area, nor any other parking that violates any law or street standard;

         (d)   On-street parking spaces that may be credited for a specific use may not be used exclusively by that use, but shall be available for general public use at all times. No signs or actions limiting general public use of on-street spaces is permitted;

         (e)   On-street parking is on a street that is designed and physically improved to accommodate parking within the right-of-way; and

         (f)   On-street parking credit shall not be considered on or adjacent to areas of town zoned Residential Low (R-7.5) or Residential Medium (R-5.0).

      (1)   Commercial, industrial and public utility uses, which have a gross floor area of 5,000 square feet or more, shall provide truck loading or unloading berths in accordance with the following table:

 

 

      (2)   Restaurants, office buildings, hotels, motels, hospitals and institutions, schools and colleges, public buildings, recreation or entertainment facilities and any similar use which has a gross floor area of 30,000 square feet or more shall provide off-street truck loading or unloading berths in accordance with the following table:

 

 

      (3)   A loading berth(s) shall contain space large enough to accommodate the largest anticipated delivery vehicle, and be not less than ten feet wide, 25 feet in length and 14 feet in height. If the vehicles generally used for loading and unloading exceed these dimensions, the required length of these berths shall be increased.

      (4)   If loading space has been provided in connection with an existing use or is added to an existing use, the loading space shall not be eliminated if elimination would result in less space than required to adequately handle the needs of the particular use.

      (5)   Off-street parking areas used to fulfill the requirements of this chapter shall not be used for loading and unloading operations except at off-peak hours during periods of the day when not required to take care of parking needs.

      (6)   A driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading passengers shall be located on the site of any school or other public meeting place which is designed to accommodate more than 25 persons at one-time.

      (1)   Off-street parking spaces shall be provided and maintained as set forth in this section for all uses in all zoning districts except the Downtown (C-4) Commercial District, as described in § 152.030. The minimum number of required off-street vehicle parking spaces (i.e., parking that is located in parking lots and garages and not in the street right-of-way) shall be determined based on the standards listed in divisions (E) through (H) above. Off-street parking spaces shall be provided as follows (Note: Commercial buildings within the Town Center Zone shall refer to § 152.030(G)(7) for parking and circulation standards):

 

      (2)   Other uses not specifically listed above shall furnish parking as required by the Planning Commission. The Planning Commission shall use the above list as a guide for determining requirements for said other uses, and shall determine the minimum number of parking spaces required to avoid undue interference with the public use of streets and alleys.

 

      (1)   An off-street parking area for more than five vehicles shall be effectively screened by a sight-obscuring fence, hedge or planting on each side which adjoins property situated in an R-7.5, R-5.0 or R-O District or the premises of any school or like institution.

      (2)   Any lighting used to illuminate the off-street parking areas shall be pedestrian-scale and so arranged that it will not project light rays directly or create or reflect substantial glare upon any adjoining property in an R-7.5, R-5.0 or R-O District or on any adjacent dwelling.

      (3)   Except for single-family dwellings, duplexes, triplexes, quadplexes, townhouses and cottage clusters, groups of more than two parking spaces shall be so located and served by a driveway that their use will require no backing movements or other maneuvering within a street or right-of-way other than an alley.

      (4)   Types of surfacing required for off-street parking and loading areas:

         (a)   Except in floodway or floodplain zones, areas used for standing vehicles and required for maneuvering of vehicles in all residential, commercial or industrial zones shall have surfaces of asphalt, concrete, brick or other permanent, durable, dustless surfaces maintained adequately for all weather use (excluding oil-matte surfaces). In flood zones, permeable surfaces are encouraged. All such areas shall be so drained as to avoid standing water and flow of water across sidewalks, walkways and adjacent properties.

         (b)   According to § 2.14.7, “Driveways”, of the City of Tillamook Public Works Design Standards, all driveway aprons shall be paved a minimum of 20 feet from the back of the sidewalk into the driveway.

         (c)   Unless the driveway is shared between adjacent property owners, a minimum of five feet between the improved driveway surface and the side property line is required as is further determined by the street designation in § 152.052.

         (d)   Areas used for standing and maneuvering of vehicles in all property within the designated floodway shall have surfaces of durable, dustless permeable materials. All such areas shall be designed to avoid flow of water across adjacent properties.

      (5)   Except for parking to serve single-family dwellings, duplexes, triplexes, quadplexes, townhouses and cottage clusters, parking and loading areas adjacent to or within residential zones or adjacent to residential uses shall be designed to minimize disturbance of residents by the erection of a sight-obscuring fence of not less than five nor more than six feet in height between the uses, except where vision clearance is required.

      (6)   Access aisles shall be of sufficient width for all vehicular turning and maneuvering.

      (7)   Service drives to off-street parking areas shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress and maximum safety of pedestrians and vehicular traffic on the site. The number of service drives shall be limited to the minimum that will allow the property to accommodate and service the traffic to be anticipated. Service drives shall be clearly and permanently marked and defined through the use of rails, fences, walls or other barriers or markers on frontage not occupied by service drives. Service drives to drive-in establishments shall be designed to avoid backing movements or other maneuvering within a street, other than an alley.

      (8)   Service drives shall have a minimum vision clearance area formed by the intersection of the driveway center line, the street right-of-way line and a straight line joining said lines through points 20 feet from their intersection. Such area shall be maintained free of all visual obstructions. (See § 152.003.)

      (9)   Parking spaces along the outer boundaries of a parking area shall be contained by a curb or bumper rail so placed to prevent a motor vehicle from extending over an adjacent property line or a street. Wheel stops shall be a minimum of four inches in height and width, and six feet in length; shall be firmly attached to the ground; and so constructed as to withstand normal wear. Wheel stops shall be provided where appropriate for all spaces abutting property lines, buildings, landscaping and no vehicle shall overhang a public right-of-way.

      (10)   Except for parking to serve single-family dwellings, duplexes, triplexes, quadplexes, townhouses and cottage clusters, all spaces shall be permanently and clearly marked/striped according to the city stall standards.

      (1)   Standard dimensions:

 

 

      (2)   Disabled person parking spaces shall conform to the following standards and dimensions:

      (1)   This section does not apply to single-family dwellings, manufactured housing, duplexes, triplexes, quadplexes, townhouses, cottage clusters, home occupations, agriculture and livestock uses or other developments with fewer than ten vehicle parking spaces.

      (2)   New multiple-family residential with five or more units shall provide at least one sheltered bicycle parking space for each dwelling unit. Sheltered bicycle parking spaces may be located within a garage, storage shed, basement, utility room or similar area. In those instances in which the residential complex has no garage or other easily accessible storage unit, the bicycle parking spaces shall be sheltered from sun and precipitation under an eave, overhang, an independent structure or similar cover.

      (3)   New retail, office and institutional development and other commercial uses shall provide at least one bicycle parking space for each retail, office and institutional development, and provide a minimum of one bicycle parking space for every ten motor vehicle parking spaces regarding the off-street parking lot and parking structures.

      (4)   Transit transfer and park and ride lots shall provide a minimum of one bicycle parking space for every ten motor vehicle parking spaces.

      (5)   All public and commercial parking lots and parking structures provide a minimum of one bicycle parking space for every ten motor vehicle parking spaces.

      (6)   Elementary and middle schools, both private and public, provide one bicycle parking space for every ten students and employees. High schools provide one bicycle parking space for every five students and employees. All spaces shall be sheltered under an eave, overhang, independent structure or similar cover.

      (7)   Colleges and trade schools provide one bicycle parking space for every ten motor vehicle spaces plus one space for every dormitory unit. Fifty percent of the bicycle parking spaces shall be sheltered under an eave, overhang, independent structure or similar cover.

      (8)   For buildings with multiple uses (such as a commercial or mixed use center), bicycle parking standards shall be calculated by using the total number of motor vehicle parking spaces required for the entire development. A minimum of one bicycle parking space for every ten motor vehicle parking spaces is required.

      (9)   Bicycle parking shall be conveniently located with respect to both the street right-of-way and at least one building entrance (e.g., no farther away than the closest parking space) either on the sidewalks or in specially constructed areas such as pedestrian curb extensions. All bicycle parking spaces shall be located in close proximity to the use they are intended to serve; shall be located no more than 50 feet from a well-used entrance; and shall have direct access to both the public right-of-way and the main entrance of the principal use. Inverted “U” style racks or ribbon racks are recommended. Bicycle parking shall not interfere with pedestrian passage, leaving a clear area of at least 36 inches between bicycles and other existing and potential obstructions. Bicycle parking should be incorporated whenever possible into building design and coordinated with the design of street furniture when it is provided. Street furniture includes benches, street lights, planters and other pedestrian amenities.

      (10)   Bicycle parking shall be visible to cyclists from street sidewalks or building entrances, so that it provides sufficient security from theft and damage.

      (11)   Bicycle parking requirements for long-term and employee parking can be met by providing a bicycle storage room, bicycle lockers, racks or other secure storage space inside or outside of the building.

      (12)   Bicycle parking shall be least as well lit as vehicle parking for security.

      (13)   Areas set aside for bicycle parking shall be clearly marked and reserved for bicycle parking only and shall not impede or create a hazard to pedestrians.

(Ord. 1285, passed 3-3-2014; Ord. 1335, passed 7-2-2018; Ord. 050525A, passed 5-19-2025) Penalty, see § 152.999