Accessory uses shall comply with all requirements for the primary use except where specifically modified by this title and shall comply with the following limitations:

A.

Home occupation. A home occupation shall be conducted completely within a residence by the occupant of the residence. No more than one nonresident employee shall engage in the business. The residential character of the building shall be maintained with no exterior changes to the appearance or structure of the property and no signs shall be visible from the public street. A home occupation shall occupy less than one-fourth of the ground floor areas of the main building. Home occupations shall not include repair of vehicles.

B.

Fences, walls, and similar barriers.

1.

Fences within the vision clearance area described in Section 10-11-4 of this chapter, shall not exceed three feet in height and shall not create an obstruction to the vision of drivers.

2.

Outside of the vision clearance area, fences are limited to a maximum of six feet in height, except that fences and walls, railings or mature hedges shall not exceed four feet in height within the required front yard.

3.

A fence permit from the City is required for fences over six feet in height. The amount of the fee shall be set by resolution.

C.

Greenhouse. A greenhouse or hothouse may be maintained as an accessory use to a residence only if there are no sales.

D.

Guesthouse. A guesthouse may be maintained as an accessory use to a dwelling provided that there are no cooking facilities in the guesthouse.

(Ord. No. 830, 8-7-2018; Ord. No. 834, 6-4-2019)

A.

Limit. Cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, and other similar architectural features may project not more than two feet into a required yard or required open space.

B.

Setbacks. Regardless of the side yard requirements of the district, a side or rear yard may be reduced to three feet for an accessory structure erected more than 65 feet from a street other than an alley and provided that the structure is detached from other buildings by six feet or more and does not exceed a height of one story nor an area of more than 500 square feet.

C.

Building height limitations. The following types of structures or structural parts may exceed the building height limitations of this title:

1.

Antennas for radio communications.

2.

Belfries.

3.

Chimneys.

4.

Church spires.

5.

Flagpoles.

(Ord. No. 830, 8-7-2018; Ord. No. 834, 6-4-2019)

No lot area, yard, or other open space, or required off-street parking or loading area existing on or after the effective date of this title, shall be reduced in area, dimensions, or size below the minimum required by this title, nor shall any lot area, yard, or other open space or off-street parking or loading area which is required by this title for one use be used as the lot area, yard, or other open space or off-street parking or loading area requirement for any other use, except as provided in Chapter 9 of this title.

(Ord. No. 830, 8-7-2018)

A vision clearance area shall be an area that is roughly triangular in shape that is established at the intersection of a street, alley, or driveway. It is measured along right-of- way or property lines, according to the following requirements:

A.

Residential districts. In a residential district, the minimum distance shall be 30 feet, or at intersections including an alley or driveway, ten feet, measured from the point of intersection.

B.

Other districts. In commercial and industrial districts, the minimum distance shall be 15 feet, or ten feet if the intersection includes an alley or driveway.

C.

Access to public right-of-way. Access to the public right- of-way (public or private driveway) shall not be located within the vision clearance area of an intersection, unless there is no other alternative for access to a site.

(Ord. No. 830, 8-7-2018)

A.

Fence required. Every manmade body of water with a depth of more than 18 inches at any point shall be completely surrounded by a six-foot-high fence or comparable enclosure. The fence shall have a self-closing, self-latching gate, with the latch mechanism located at least four feet above grade. The fence shall be designed to discourage children from climbing and have no openings, holes or gaps larger than four inches in any dimension.

B.

Building permit required. A building permit is required for a swimming pool. Plans shall be filed with the City and meet the requirements of this chapter and the building code. No pool shall be used until a final inspection is made by the City after its construction is completed.

C.

Setbacks. A swimming pool shall be set back from any interior side or rear property line by a minimum of five feet. Any associated structures shall comply with setbacks for a building or accessory structure for the district in which it is located.

D.

Exceptions. This chapter shall not apply to public swimming pools or wading pools maintained and operated by any public entity.

(Ord. No. 830, 8-7-2018)

In all industrial, commercial, and residential districts, all electrical, telephone, and cable television utility service installations or connections made as part of new construction of a building or structure, shall be placed underground in accordance with City standards. McNary Industrial Park is exempt from this requirement.

(Ord. No. 830, 8-7-2018)

When an easement is required, the following standards shall apply:

A.

Pedestrian easements. In order to facilitate pedestrian access from streets, lots, or developments, to schools, parks, nearby streets, or other developments, an easement no less than ten feet wide with a paved pathway no less than six feet shall be required. Any sight obscuring barrier such as a fence or planting at the edge of the easement shall not exceed three feet in height in order to maintain visibility of the walkway from adjacent properties.

B.

Open space easements. An open space easement may be required over areas in private ownership of the floodplain or areas with unique natural condition. Such easement shall preclude development of the area when limiting the use of a property is determined to be in the public interest.

C.

General public easements. When topography or other conditions make impractical the location of drainage facilities, sanitary sewer or water lines within the public street right-of-way, an unobstructed easement shall be provided across a property. Easements shall be of sufficient width to safely excavate buried facilities, but generally shall be no less than 15 feet in width.

(Ord. No. 830, 8-7-2018)

Manufactured homes used as permanent residences and meeting the following standards are allowed outside of manufactured home parks on individual lots in any district where single-family residences are allowed:

A.

The manufactured home shall be multi-sectional and enclose a space of not less than 1,000 square feet.

B.

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

C.

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

D.

The manufactured home shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the dominant materials used on surrounding dwellings as determined by the City Administrator.

E.

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

F.

The manufactured home shall have a garage or carport constructed of like materials.

G.

The manufactured home is subject to any development standard, architectural requirement, and minimum size requirement to which a conventional single-family residential dwelling on the same lot would be subject.

H.

Each manufactured home shall be provided with a paved driveway no less than ten feet wide for a single vehicle garage or carport or 18 feet for a two vehicle garage or carport.

(Ord. No. 830, 8-7-2018)

A.

The single-family dwelling shall enclose a space of not less than 1,000 square feet.

B.

Each single-family dwelling shall have a garage or carport constructed of like materials and colors.

C.

Each single-family dwelling shall be provided with a paved driveway not less than ten feet wide for a single vehicle garage or carport or 18 feet for a two vehicle garage or carport.

(Ord. No. 830, 8-7-2018)

A.

Purpose. The purpose of this section is to implement Section 660-012-0045(2)(e) of the State Transportation Planning Rule that requires the City to adopt a process to apply conditions to specified land use proposals in order to minimize adverse impacts to and protect transportation facilities. This section establishes the standards for when a proposal must be reviewed for potential traffic impacts; when a traffic impact analysis must be submitted with an application in order to determine whether conditions are needed to minimize impacts to and protect transportation facilities; what must be in a traffic impact analysis; and who is qualified to prepare the analysis.

B.

Applicability. A traffic impact analysis shall be required to be submitted to the City with a land use application, when the following conditions apply:

1.

The application involves one or more of the following actions:

a.

A change in zoning or plan amendment designation; or

b.

The proposal is projected to cause one or more of the following effects, which can be determined by field counts, site observation, traffic impact analysis or study, field measurements, crash history, Institute of Transportation Engineers Trip Generation Manual; and information and studies provided by the local reviewing jurisdiction and/or ODOT:

(1)

An increase in site traffic volume generation by 250 average daily trips (ADT) or more (or as required by the City Engineer). The latest edition of the Trip Generation Manual, published by the Institute of Transportation Engineers (ITE) shall be used as standards by which to gauge average daily vehicle trips; or

(2)

An increase in use of adjacent streets by vehicles exceeding the 20,000 pound gross vehicle weight by ten vehicles or more per day; or

(3)

The location of the access driveway does not meet minimum intersection sight distance requirements, or is located where vehicles entering or leaving the property are restricted, or vehicles queue or hesitate, creating a safety hazard; or

(4)

The location of the access driveway does not meet the access spacing standard of the roadway on which the driveway is located; or

(5)

A change in internal traffic patterns that may cause safety problems, such as backup onto the highway or traffic crashes in the approach area.

C.

Traffic impact analysis requirements.

1.

Preparation. A traffic impact analysis shall be prepared by an Oregon registered professional engineer that is qualified to perform traffic engineering analysis and will be paid for by the applicant.

2.

Transportation planning rule compliance. See Section 10-13-3, "Amendments to the Zoning Text or Map", of this title.

3.

Pre-application conference. The applicant will meet with the Umatilla Public Works Director and Planning Director prior to submitting an application that requires a traffic impact analysis. The City has the discretion to determine the required elements of the TIA and the level of analysis expected. The City shall also consult the Oregon Department of Transportation (ODOT) on analysis requirements when the site of the proposal is adjacent to or otherwise affects a state roadway.

D.

Approval criteria. When a traffic impact analysis is required, approval of the proposal requires satisfaction of the following criteria:

1.

Traffic impact analysis was prepared by an Oregon registered professional engineer qualified to perform traffic engineering analysis;

2.

If the proposed action shall cause a significant effect pursuant to the transportation planning rule, or other traffic hazard or negative impact to a transportation facility, the traffic impact analysis shall include mitigation measures that meet the City's level-of-service and/or volume/capacity standards and are satisfactory to the City Engineer, and ODOT when applicable; and

3.

The proposed site design and traffic and circulation design and facilities, for all transportation modes, including any mitigation measures, are designed to:

a.

Have the least negative impact on all applicable transportation facilities;

b.

Accommodate and encourage non-motor vehicular modes of transportation to the extent practicable;

c.

Make the most efficient use of land and public facilities as practicable;

d.

Provide the most direct, safe and convenient routes practicable between on-site destinations, and between on-site and off-site destinations; and

e.

Otherwise comply with applicable requirements of this Code.

E.

Conditions of approval. The City may deny, approve, or approve a proposal with appropriate conditions.

1.

Where the existing transportation system is shown to be impacted by the proposed action, dedication of land for streets, transit facilities, sidewalks, bikeways, paths, or accessways may be required to ensure that the transportation system is adequate to handle the additional burden caused by the proposed action.

2.

Where the existing transportation system is shown to be impacted by the proposed action, improvements such as paving, curbing, installation or contribution to traffic signals, construction of sidewalks, bikeways, accessways, paths, or streets that serve the proposed action may be required.

(Ord. No. 830, 8-7-2018)

Accessory dwellings, where allowed, are subject to review and approval through a Type I procedure and shall conform to all of the following standards:

A.

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

B.

A detached accessory dwelling shall not exceed 800 square feet of floor area, or 75 percent of the primary dwelling's floor area, whichever is smaller.

C.

An attached or interior accessory dwelling shall not exceed 800 square feet of floor area, or 75 percent of the primary dwelling's floor area, whichever is smaller. However, accessory dwellings that result from the conversion of a level or floor (e.g., basement, attic, or second story) of the primary dwelling may occupy the entire level or floor, even if the floor area of the accessory dwelling would be more than 800 square feet.

D.

A detached accessory dwelling shall be located in the rear yard of the primary dwelling unless the accessory dwelling is located in a portion of a detached accessory building.

E.

Provided parking shall be subject to the standards in Sections 10-9-1 through 10-9-6 of this title.

F.

Accessory dwelling units are subject to the development standards of the underlaying zone in which they are located.

(Ord. No. 830, 8-7-2018; Ord. No. 856, § 2, 5-3-2022)

A.

Mobile food vendors shall maintain all required licenses by the appropriate state and/or local agency, including but not limited to a city business license.

B.

Any vehicle utilized as a mobile food vendor shall be in full operational condition. The vehicle shall have a valid state vehicle license from any state and shall be capable of leaving a site at any time under its own power or that of an available towing vehicle.

C.

Mobile food vendors shall not operate within any public right-of-way.

D.

Mobile food vendors shall maintain the area in and around the vehicle, keep the area free from litter and waste, and shall supply a suitable container for waste collection. Mobile food vendors shall be responsible for the proper collection and disposal of onsite litter and waste.

E.

Outdoor seating and equipment is permitted; provided that the placement of any outdoor seating or equipment shall not be placed in a manner so as to reduce the amount of available off-street parking spaces below the minimum off-street parking required for the site. If outdoor seating is provided restroom facilities including handwashing facilities shall be provide onsite or via adjacent restroom facility access for customers (e.g. in an adjacent business with owner permission). Required restrooms shall be available during operating hours.

F.

Location and use.

1.

Mobile food vendors operating as an accessory off-street use shall meet the following standards:

a.

Mobile food vendors are allowed on legally established parking or vehicle areas only.

b.

Mobile food vendors operating as an accessory off-street use shall completely remove the vehicle and associated apparatus for 24 hours during any seven-day period.

2.

Mobile food vendor pods shall meet the following standards:

a.

Mobile food vendors shall be located on a hard surface with concrete, asphaltic cement, or similar surface that is resistant to dust and mud.

b.

Mobile food vendors shall not create tripping hazards in pedestrian and vehicular circulation areas with items including, but not limited to, cords, hoses, pipes, cables, or similar materials.

c.

Mobile food vendors shall not be located in the vision clearance area described in Section 10-11-4 of this title.

d.

A minimum of one off-street parking space per food vendor space shall be provided consistent with Chapter 9 of this title.

3.

Mobile food vendors may, with city's permission, operate as a concessionaire on publicly owned and operated facilities.

G.

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

1.

Wastewater shall be addressed in one of the following two ways:

a.

Mobile food vendors may connect to the sanitary sewer consistent with applicable state plumbing codes, and will include an approved grease separator for disposal of fats, oils and grease. Indirect discharge or leakage draining into the storm water system is prohibited.

b.

Mobile food vendors may connect to an individual wastewater holding tanks. The operator shall be responsible to comply applicable city, county and state regulations and licensing requirements for use an individual holding tank and disposal of wastewater.

2.

Potable water shall be addressed in one of the following two ways:

a.

Mobile food vendors may connect to a permanent water source in conformance with applicable state plumbing codes.

b.

Mobile food vendors may be connected to a potable water tank consistent with all applicable city, county and state rules, regulations and licensing requirements.

Mobile food vendors may connect to a permanent power source. Power connections may not be connected by overhead wires to the individual food vendors. Connections to a permanent power source shall be consistent with applicable state electrical codes.

(Ord. No. 836, 6-4-2019; Ord. No. 856, § 2, 5-3-2022)

A.

There shall be no setback for townhouse units where abutting a common wall. The side yard setback on each end of a townhouse block shall be the same as the underlaying zone.

B.

Each building shall contain not more than six consecutively attached dwelling units except in the Downtown Residential Zone. Building in the Downtown Residential Zone shall contain not more than eight consecutively attached units.

C.

The primary entrance of each dwelling unit shall orient to a street or interior courtyard that is not less than 20 feet in width.

D.

Each townhouse shall have a garage or carport.

E.

The maximum allowable driveway width facing the street is 12 feet per dwelling unit. The maximum combined garage width per unit is 50 percent of the total building width. For example, a 24-foot wide unit may have one 12-foot wide garage facing the street.

F.

The development standards of the underlaying zone and the residential site design criteria and standards as contained in Section 10-13-2 of this title shall be met.

(Ord. No. 840, 9-3-2019)

A.

A permit shall be obtained from the City prior to the keeping of poultry. A permit is issued to the property and renters must obtain written approval from the property owner to apply for a permit.

B.

The keeping of poultry shall be limited to the purpose of egg collection for personal, non-commercial use.

C.

No more than six birds are allowed on any one parcel, and the keeping of a rooster is prohibited.

D.

Poultry shall only be kept upon property occupied by a single-family dwelling.

E.

Poultry may not be slaughtered or killed except pursuant to the lawful order of state or county health officials, or for the purpose of euthanasia (for example due to an injury or sickness) when surrendered to a licensed veterinarian for such purpose, or as otherwise expressly permitted by law.

F.

Poultry shall be kept in an enclosed coop or run at all times.

G.

No person shall sell eggs or engage in poultry breeding or fertilizer production for commercial purposes.

H.

All poultry shall be housed in a coop, poultry feed shall be kept in rodent and raccoon proof containers.

I.

Poultry and coops shall only be located in a rear yard.

J.

Poultry coops shall be limited to 80 square feet and the highest point of the coop shall be no more than six feet tall above grade.

K.

Poultry coops shall be kept clean, dry, free of vermin, and noticeable odors, and in good repair. Waste must be collected and removed from the subject property on a regular basis.

L.

Poultry coop and/or run shall be setback a minimum ten feet from all property lines.

(Ord. No. 860, § 2, 10-4-2022)

This section establishes standards for cottage cluster developments intended as an alternative development type that provides usable common open space in low- and medium-density residential areas, promotes interaction and safety through design, ensures compatibility with surrounding neighborhoods, and provides opportunities for creative infill development. Successful cottage cluster development projects can foster community and ensure a balance between privacy, security, and neighborhood interactions through careful consideration of the following design principles:

A.

Shared open space and active commons. The shared common space binds the cottage development together and gives it vitality. Residents surrounding this space share in its management, care, and oversight, enhancing security and identity.

B.

Common buildings. An advantage of living in a cottage development is having shared buildings such as a tool shed, outdoor barbeque, picnic shelter, or a multipurpose room.

C.

Smaller, high-quality, well-designed dwellings. Smaller, high-quality houses, together with the common open area and cottage development elements, help ensure the intensity of development is compatible with the surrounding neighborhood.

D.

Permitted building types within cottage cluster developments.

1.

Cottage cluster development cottages.

2.

Community building. This is permitted on common area lots in all zones where cottage development is permitted. It is not for commercial use.

3.

Accessory structures. Permitted in all zones where cottage development is permitted.

4.

Shared accessory structures. Permitted in all zones where cottage development is permitted. This may include parking and storage buildings. However, they shall not be permitted within the common area.

E.

Ownership options. Cottage cluster developments may be on a single lot under single ownership or cottage units may be on individual, individual-owned lots. Common ownership of or easements for using common areas or facilities is required for individual-owned lots.

F.

Development standards.

1.

Parent parcel. The parent parcel shall encompass the entire cottage cluster development and be at least the minimum lot size established for cottage clusters in the underlying zone (7,000 square feet). The parent parcel may be divided into individual cottage lots and shared common areas consistent with city regulations or middle housing land division standards and requirements.

2.

Cottage lots. There is no minimum lot size for the individual cottage lots.

3.

Density. Cottage cluster development must have a minimum density of four units per acre, with no maximum density.

4.

Average minimum lot width and depth. There is no minimum lot width or depth for the individual cottage lots.

5.

Maximum lot coverage. No maximum lot coverage exists for the individual cottage lots or a cottage cluster parent lot.

6.

Maximum height. 40 feet.

7.

Minimum setbacks. See the setback standards for the underlying residential zone. Interior units on a common or separate lot shall be spaced at least ten feet apart. If individual lots are created, the applicant may create a zero lot line configuration between units to maximize usable private area and provide privacy.

8.

Minimum landscape requirement. The standards from the base zone shall apply.

G.

Lot/cottage arrangement.

1.

Cottage cluster developments shall contain a minimum of six cottages and no more than eight cottages per common open space.

2.

Cottages shall be arranged around a common open space, and at least 50 percent of the cottages shall have frontage with a primary entrance on the common open space. Cottages that do not have a primary entrance facing the common open space must either have their primary entrance facing the street or a sidewalk or pedestrian path directly connected to the common open space.

3.

A community building may be provided adjacent to or at the edge of the central common area as part of the cottage development or elsewhere on the development site.

4.

Cottage cluster developments shall be limited to one cluster with one common space for each parent lot.

H.

Common space.

1.

Common space is a defining characteristic of a cottage housing development, A minimum of 150 square feet of common open space per unit shall be provided.

2.

The common space shall include a sidewalk or walk connecting to each cottage's front entrance facing the common area.

3.

The common space must be a minimum of 15 feet wide at its narrowest dimension.

I.

Frontage, access, parking, and vehicular circulation.

1.

The parent parcel shall have frontage on a public street.

2.

Cottages shall abut at least two sides of the common area.

3.

Access to individual dwelling units will be provided, meeting city and fire district standards.

4.

A minimum of one off-street parking space per unit shall be provided.

5.

Parking and/or garage structures shall not be located:

a.

Within 20 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.

c.

Shared parking structures and shared parking lots shall be screened from public streets by landscaping or architectural screening at least three feet tall.

d.

If the property fronts a public alley, access, and parking may be provided from the alley.

e.

If individual lots are created and shared parking is provided, parking and access shall be provided in a common area with an access easement.

f.

Individual off-street parking spaces may be allowed for each cottage.

J.

Screening and landscaping. To ensure that cottage developments do not create adverse visual impacts for residents of both the cottage development and ad jacent properties, the following requirements shall be adhered to:

1.

Cottage developments shall retain significant trees (at least 12 inches in diameter) that do not pose a safety hazard, as determined by a certified arborist. Significant trees that have been removed must be replaced elsewhere on the site.

2.

Common open spaces shall include pathways for pedestrian circulation and access to each cottage and the community building if one is provided. Landscaping in common open spaces must be located and maintained to prevent pedestrian pathways from being blocked.

K.

Fences. No fence taller than three feet in height shall be between the front wall of a cottage or community building and the common open space.

L.

Addressing. All units within the cottage cluster development shall be addressed consistently with city standards.

M.

Building requirements.

1.

Cottages and cottage cluster design.

a.

Building footprint. Cottages shall have a maximum building footprint of 900 square feet, but up to 200 feet of an attached garage may be excluded from this maximum.

b.

Cottage cluster development design. Cottage cluster developments shall include changes in relief such as cornices, columns, gables, bay windows, recessed entries, or similar architectural or decorative elements.

2.

Height. Cottages shall comply with the height limitation of 40 feet.

3.

Community buildings.

a.

Community buildings are intended as an amenity for the cottage development residents and to help promote a sense of community.

b.

A community building shall be subject to the same design and height standards as the cottages.

c.

Commercial uses are prohibited in the community building.

4.

Accessory structures.

a.

Accessory structures such as garages, carports, storage, or tool sheds shall not exceed 300 square feet per unit or 600 square feet per accessory structure shared by two or more dwelling units.

b.

The design of accessory structures must use at least two of the same design elements used for development cottages.

N.

Existing dwellings on the site. Existing dwellings may be incorporated into the development as residences or community buildings and may not conform to standards. Noncompliance may not be increased.

O.

Renovation and expansion. Renovations shall follow the same size and design standards required for the new development.

P.

Existing structures. On a lot or parcel to be used for a cottage cluster project, an existing detached single-family dwelling or detached accessory dwelling unit on the same lot at the time of proposed development of the cottage cluster may remain within the cottage cluster project area under the following conditions:

1.

The existing dwelling, or detached accessory dwelling unit, may be nonconforming with respect to the requirement of this Code.

2.

The existing dwelling, or detached accessory dwelling unit, may be expanded to the maximum height allowed for cottage clusters (40 feet) or the maximum building footprint allowed for cottage clusters (900 square feet) only if all other provisions, including setback requirements, are met.

3.

The existing dwelling, or detached accessory dwelling unit, is not required to orient towards the common area.

(Ord. No. 872, § 2, 7-2-2024)