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Waldport City Zoning Code

CHAPTER 16

72 Supplementary Regulations

16.72.010 Clear Vision Areas

A clear vision area shall be maintained on the corners of all property at the intersection of two streets.

  1. A clear vision area shall consist of a triangular area, two sides of which are lot lines measured from the corner intersection of the street lot lines for a distance specified in this regulation, or, where the lot lines have rounded corners, the lot lines extended in a straight line to a point of intersection so measured, and the third side of which is a line across the corner of the lot joining the non-intersecting end of the other two sides.
  2. A clear vision area shall contain no planting, fence, wall, structure or temporary or permanent obstruction exceeding three and one-half (3 1/2) feet in height measured from the top of the curb, or, where no curb exists, from the established street center line grade, except that trees exceeding this height may be located in this area, provided that all branches and foliage are removed to a height of eight (8) feet above grade.
    1. In a residential zone, the minimum distance shall be thirty (30) feet, or at intersections including an alley, ten (10) feet.
    2. In all other zones the minimum distance shall be fifteen (15) feet, or, at intersections including an alley, ten (10) feet, except that when an angle of intersections between streets, other than an alley, is less than thirty (30) degrees, the distance shall be twenty-five (25) feet.

16.72.020 Off-Street Parking And Off-Street Loading Requirements

At the time a new structure is erected, the use of an existing structure is enlarged, or the category of use is changed, off-street parking spaces, loading areas and access thereto shall be provided as set forth in this section unless greater requirements are otherwise established. If such facilities have been provided in connection with an existing use, they shall not be reduced below the requirements of this code.

  1. Requirements for types of buildings and uses not specifically listed herein shall be determined by the Planning Commission, based upon the requirements of comparable uses listed.
  2. In the event several uses occupy a single structure or parcel of land, the total requirements shall be the sum of the requirements of the several uses computed separately.
  3. Owners of two or more uses, structures or parcels of land may agree to utilize jointly the same parking and loading spaces when the hours of operation do not overlap, provided that satisfactory legal evidence is presented to the Planning Commission in the form of deeds, leases or contracts to establish the joint use.
  4. Off-street parking spaces shall be located on the same lot or on an adjoining lot unless otherwise approved by the Planning Commission.
  5. Required parking spaces shall be available for the parking of operable passenger automobiles of residents, customers, patrons and employees only, and shall not be used for storage of vehicles or materials or for the parking of vehicles used in conducting the business or use if determined to be a nuisance by the City Code Enforcement official.
  6. Areas used for standing and maneuvering of vehicles shall have durable and dustless surfaces improved to minimum public road standards, maintained adequately for all-weather use, and be so drained as to avoid the flow of water across public sidewalks.
  7. Except for parking to serve dwelling uses, parking and loading areas adjacent to or within residential zones shall be designed to minimize disturbances of residents by the erection between the uses, of a sight-obscuring fence or vegetative buffer, of not less than five (5) feet in height, except where vision clearance is required.
  8. Artificial lighting which may be provided for parking areas shall not create or reflect substantial glare in a residential zone, on any adjacent building, or on any street or highway.
  9. Off-street parking shall not be allowed in the required front or street side-yard setback areas, with the exception of an approved driveway, in a residential zone.
  10. Groups of more than four parking spaces shall be served by a driveway so that no backing movements or other maneuvering within a street, other than an alley, will be required and shall be enclosed or defined by a curb or bumper rail at least four inches high and set back a minimum of four and one-half (4 1/2) feet from the property line.
  11. Passenger Loading. A driveway designated for continuous forward flow of passenger vehicles for the purpose of loading and unloading children shall be located on the site of any school having a capacity of greater than twenty-five (25) students.
  12. Loading of Merchandise, Materials or Supplies. Buildings or structures which receive and distribute materials or merchandise by truck shall provide and maintain off-street loading berths in sufficient numbers and size to adequately handle the needs of the particular use.
  13. Off-street parking areas used to fulfill the requirements of the code may be used for loading and unloading operations during periods of the day when not required to take care of parking needs.
  14. Compact parking spaces may be permitted at a ratio of one (1) space to every three (3) full-sized spaces (See "Parking Space" definition under Section 16.04.030 of this title for dimension requirements).
  15. Except for parking intended to serve dwelling uses, parking spaces shall be clearly delineated through striping or some other means.
  16. Requirements for types of buildings and uses not specifically listed herein shall be determined by the Planning Commission, based upon the requirements of comparable uses listed.
  17. Required off-street parking must be provided when the category of use of an existing structure is changed, except under the following circumstances:
    1. The number of parking spaces required by the code for the new use will be equal to or less than the code requirements for the previous use, and there will be no reduction in the number of parking spaces, or
    2. No additional area is available for new parking spaces and at least seventy-five (75) percent of the number of spaces required for the new use will be provided, with no reduction in the number of parking spaces.
  18. For the purpose of calculating the number of off-street parking spaces required, the total floor area of a structure shall be used.
  19. Off-street parking requirements.
    1. Dwelling. Two (2) spaces for each dwelling unit.
    2. Mobile Home Park. Two (2) spaces for each mobile home space.
    3. Motel, Hotel or Resort. One (1) space for each accommodation.
    4. Hospital. Three (3) spaces for each two (2) beds.
    5. Nursing home or similar institution. One (1) space for each three (3) beds.
    6. Church, club or similar place of assembly. One (1) space for each six (6) seats, or one (1) space for each fifty (50) square feet of floor area used for assembly.
    7. Library. One (1) space for each three hundred (300) square feet of floor area.
    8. Skating rink, or similar commercial amusement enterprise. One (1) space for each one hundred (100) square feet of floor area.
    9. Bowling alley. Five (5) spaces for each alley.
    10. Retail Store: One (1) space for each three hundred (300) square feet of floor area.
    11. Eating and drinking establishments. One (1) space for each four (4) seats.
    12. Service or repair shop, retail store handling bulky merchandise such as automobiles and furniture. One (1) space for each six hundred (600) square feet of floor area.
    13. Bank, office. One (1) space for each six hundred (600) square feet of floor area.
    14. Instructional classes, such as martial arts or dance studios. One (1) space for each instructor plus one (1) space for each one hundred (100) square feet of floor area.
    15. Schools:
      1. Pre-school, Kindergarten, Elementary and Junior High: Two (2) spaces per classroom.
      2. High School: Five (5) spaces per classroom.
    16. Bed and breakfast establishments: One (1) off-street parking space for owners/operators with one (1) additional space for each authorized guest room.
    17. Personal services establishment (i.e. barber, beauty shops). Two (2) off-street parking spaces per each operator station.
    18. Multi-family dwellings. One and one-half (1.5) spaces per dwelling unit.

16.72.030 Exterior Lighting

Exterior lighting for uses in commercial and industrial zones shall be located in such a manner so as not to face or shine directly onto a lot in a residential zone, street or highway.

16.72.040 General Provisions Regarding Accessory Uses

An accessory use shall comply with all requirements for a principal use, except as the code specifically allows to the contrary, and shall comply with the following limitations:

  1. An accessory structure not used for human habitation and separated from the main building may be located within five (5) feet of a rear property line if the structure is no more than fifteen (15) feet in height. Structures over fifteen (15) feet must meet the standard setbacks. Conex or other metal cargo containers are:
    1. Permitted outright in the Planned Industrial (I-P) and Public Facilities (P-F) zones;
    2. Permitted outright in the Retail Commercial (C-1), General Commercial (C-2) and Commercial Tourism (C-T) zones located east of Lint Slough and south of the Hwy 101/Maple Street intersection; and
    3. Prohibited in all other zones.
    4. Temporary uses of metal containers are allowed for a limited time for storage during residential remodeling or for moving purposes, allowed during construction with a valid building permit, and allowed with construction activities associated with implementing a subdivision or planned development.
  2. Fences, hedges and walls limited to six (6) feet in height may be located within required yards, but shall not exceed three and one-half (3 1/2) feet in height in any required yard setback which abuts a street other than an alley, including within a clear vision area as stipulated in Section 16.72.010 of this chapter. Exceptions to the height limitation or use of electrified, barbed wire, or razor wire for fencing shall have prior approval of the Planning Commission . The Planning Commission shall use the authority and procedure for conditional uses as set forth in Chapter 16.84 of this title.
  3. Unenclosed decks, unroofed landings, porches and stairs may project into any required yard providing the following conditions are met:
    1. No portion except for guard rails shall extend above the floor level of a habitable room.
    2. No such projection shall obstruct a stairway.
    3. No such projection shall extend into a required yard no more than one-third the distance of the required setback.
  4. Manager/Caretaker Residence. In the M-P and I-P Zones, a residence secondary to the main use of the property for the sole purpose of providing living quarters for the owner, operator or caretaker of a new or ongoing commercial or industrial enterprise is allowed, provided that:
    1. The living space shall be located on the same property as the commercial or industrial operation and is justified by the requirement of twenty-four (24) hour attendance;
    2. Non-owner/Manager inhabitation of the living space is prohibited; and
    3. The Planning Commission shall review annually each approval granted under the provisions of this section unless determined otherwise by the Planning Commission.
  5. Accessory Dwelling Units. Purpose: Accessory dwelling units (ADUs) are intended to increase the supply of affordable and independent housing, increase home and personal security, provide supplemental earning for primary homeowners, and increase residential densities. this should occur by utilizing existing infrastructure and community resources throughout the City of Waldport while ensuring that the creation of additional housing aligns with the existing character of each neighborhood. ADUs are subject to the standards identified below:
    1. One Accessory Dwelling Unit (ADU) per Lot. A maximum of one ADU is allowed per lot as an outright permitted use. Two or more ADUS are allowed per lot as a conditional use. ADUs 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).
    2. Unity of Ownership. An ADU cannot in any way be segregated in ownership from the principal dwelling unit.
    3. Exempt from Density Limits. ADUs are exempt from the density standards of the zoning district in which they are located.
    4. Floor Area. ADUs shall not exceed 900 square feet of floor area or 85% of the primary dwelling's floor area, whichever is smaller.
    5. Other Development Standards. ADUs shall meet all other development standards (e.g., height, setbacks, lot coverage, etc.) for buildings in the designated zone district.
    6. Water Service. An ADU shall be connected to public water service. The water connection may be shared with the primary dwelling or a separate water service. If a separate service, System Development Charges and connection fees shall apply.
    7. Sewer Service. An ADU shall be connected to the public sewer service, if available. The sewer connection may be shared with the primary dwelling or a separate sewer service. If a shared service, a double-connect cleanout of a size and design approved by the Public Works department will be required. If a separate service, System Development Charges and connection fees shall apply.
    8. Conversion of an existing non-conforming structure to an Accessory Dwelling is allowed, provided that the conversion does not increase the non-conformity.
    9. Vacation/Short Term Rentals Prohibited. Neither the primary dwelling nor the ADU shall be vacation/short-term rentals (less than 30 days).
    10. Variance. If one or more of the standard of this section cannot be met, an owner may apply for a variance as set forth in Chapter 16.92 of this title.

16.72.050 RV Conversions

Recreational vehicles cannot be utilized for a commercial business on a permanent basis. Temporary placement may be authorized by the Planning Commission using the authority and procedure for conditional uses as set forth in Chapter 16.84 of this title.

16.72.060 Building Permit Approvals

No building or structure shall be erected, enlarged, altered, re-built, remodeled or moved unless in conformance with the requirements of all State and local laws and regulations applicable to the structure and the land upon which it is proposed.

16.72.070 Authorization Of Undefined Uses

An undefined use may be authorized by the Planning Commission at a public hearing in accordance with the requirements of Section 16.108.020 of this title, provided that the Commission establishes that the proposed use meets the following criteria:

  1. The use is not listed specifically in any zone.
  2. The use is similar in character, scale and performance to one or more of the permitted or conditional uses listed in the zone in which it is proposed.
  3. The use is not of the same general type or similar to any uses specifically listed in another zone.

Any undefined use authorized by the Planning Commission shall conform to the applicable standards and requirements of the zone in which it is located, including any requirement for conditional use review.

16.72.080 Purpose Of Temporary Use Permits

Subject to Sections 16.72.090-16.72.110, below, a temporary use permit may be approved to allow limited use of structures or activities which are temporary or seasonal in nature and do not conflict with the zoning district in which they are located. No temporary use permit shall be issued which would have the effect of permanently rezoning or granting a special privilege not shared by other properties in the same zoning district. No temporary use permit shall be issued in an M-W zone.

16.72.090 Permitted Temporary Uses

Temporary structures, activities or uses may be permitted as necessary to provide for housing of personnel, storage and use of supplies and equipment, or to provide for temporary sales offices for uses permitted in the zoning district. Other uses may include temporary signs, outdoor gatherings, short term uses, roadside stands, or other uses not specified in this section and not so recurrent as to require a specific or general regulation to control them. Notwithstanding these and other provisions for temporary uses, a recreational vehicle or other approved temporary housing to be used for dwelling purposes during the construction of a single-family residential dwelling unit for which a building permit has been issued shall be allowed. The use shall not exceed a period of six (6) months. An extension may be considered by the Planning Commission.

16.72.100 Conditional Approval Of Temporary Use Permits

  1. Conditions may be imposed in connection with approval of the temporary permit to minimize the potential impact of the proposed use upon other uses in the vicinity. Guarantees or evidence may be required that such conditions will be or are being complied with. Such conditions may include, but are not limited to:
    1. Special yards and spaces;
    2. Fences or walls;
    3. Control points of vehicular ingress and egress;
    4. Special provisions on signs;
    5. Landscaping and maintenance thereof;
    6. Maintenance of grounds;
    7. Control of noise, odors or other nuisances;
    8. Limitation of time for certain activities; and
    9. Restoration or reclamation of site.
  2. Any temporary permit shall clearly set forth the conditions under which the permit is granted and shall clearly indicate the time period for which the permit is issued. No temporary permit shall be transferable to any other owner or occupant.
  3. All structures for which a temporary permit is issued:
    1. Shall meet all other requirements of the zoning district in which they are located;
    2. Shall meet all applicable health and sanitation requirements;
    3. Shall meet all applicable building code requirements; and
    4. Shall be removed upon expiration of the temporary permit or used in conjunction with a permitted use.

16.72.110 Issuance Of Permits

  1. Temporary permits shall be issued by the City Council for the time period specified after review of the application by the Planning Commission in accordance with Section 16.108.020 of this title if all applicable conditions can be met. In no case shall a temporary permit be issued for a period exceeding one (1) year, unless the temporary permit is renewed.
  2. Renewal of a temporary permit shall follow the same procedure as the initial application.

16.72.120 Siting Standards For Manufactured Homes

Manufactured homes must be permitted and installed in accordance with the current edition of the Oregon Manufactured Dwelling Specialty Code (OMDSC) and the following standards. Where the OMDSC and the following standards conflict, the more restrictive standard shall apply.

  1. Except for property within single-wide overlay zones, the manufactured home shall be multisectional and enclose a space of not less than one thousand (1,000) square feet.
  2. The manufactured home shall be placed on an excavated and back-filled continuous foundation that is enclosed at the perimeter.
  3. The manufactured home shall have a pitched roof at least three (3) feet in height for each (12) twelve feet in width.
  4. The manufactured home shall have no bare metal siding or roofing.
  5. The manufactured home shall be certified by the manufacturer to have an exterior thermal envelope meeting the 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.
  6. General Provisions.
    1. Label of Compliance. Approval for installation of any manufactured dwelling is limited to units manufactured after June 15, 1976 and bearing a label from the Department of Housing and Urban Development (H.U.D.) indicating compliance with electrical, plumbing and structural standards as set forth by H.U.D.
    2. State Standards. Installation of manufactured dwellings are to follow State of Oregon standards adopted and administered by the State Building Code Agency. See OAR 814-34-050 to 814-23-080. These State standards are summarized as follows:
      1. Support blocking shall be installed according to the manufacturers' instructions approved by the State Building Codes Agency and, unless higher loading requirements are justified by soils analysis, the blocking shall support the manufactured dwellings on a soil with a bearing capacity of one thousand five hundred (1,500) pounds per square foot. (OAR 814-23-060.)
      2. Plumbing, electric and gas service connections shall be made according to the instructions approved by the State Building Codes Agency. (OAR 814-23-050.)
      3. A single-wide manufactured dwelling in certain listed areas along the coast and the Columbia River shall be tied down with devices that meet Federal standards as approved by the State Building Codes agency. (OAR 814-23-065.)
      4. Manufactured dwelling accessory buildings and structures shall comply with State construction and installation standards. (OAR 814-23-070.) Manufactured dwelling accessory structures are skirting, some porches and steps, awnings, cabanas and some carports. In the manufactured dwelling field, an awning is not a sunshade for a window, but is any structure with a roof and not more than one wall. A structure is a manufactured dwelling accessory structure if it depends in part on the manufactured dwelling for its structural support. Accessory structures are not required by the State, but must meet standards if installed.
      5. A building or other structure associated with a manufactured dwelling that is not a manufactured dwelling accessory structure must comply with State building code standards for ramadas to relate the ramada to the manufactured dwelling. (OAR 814-23-0[3]70.) A ramada is primarily a roof built over a manufactured dwelling but is not supported by the manufactured dwelling.
    3. Tie-Down requirements (to exclude manufactured dwellings attached to basements).
      1. Minimum tie-down requirements shall conform to standards established by the State Building Codes Agency.
      2. Minimum number of tie-downs required:
        1. Single-wide. As specified by State code plus cross tie-downs at no greater than twelve (12) foot intervals;
        2. Double-wide: One at each corner plus cross tie-downs at no greater than twelve (12) foot intervals; and
        3. Triple-wide: Three per side on outside units plus cross tie-downs at no greater than twelve (12) foot intervals.
      3. Tie-down Materials. Steel straps or cables that have been treated to make them weather resistant must be used for ties and shall meet the following standards:
        1. Steel straps 1.025" x .035" commercially available;
        2. Steel cable at least three-eighths inch in diameter; and
        3. Turnbuckles shall be at least one-half inch in diameter with closed or welded eyes.
      4. Anchors. Anchors must have a rod made of steel not less than five-eighths inch in diameter, and must have a tensioning head or a drop-forged, closed eye for use with a turnbuckle. In addition, it must be able to withstand a pull of at least four thousand eight hundred (4.800) pounds without failure. All anchors should be installed as nearly vertically as possible. The heads of the anchors should come to rest on top of the concrete, and should be directly below the "I" beam of the manufactured dwelling frame.
    4. Grade. The portion of the lot on which the manufactured dwelling shall rest must be leveled to a +/-3" variance from the mean elevation. This leveling shall expose an area of bearing soil or fill material so compacted as to receive approval by a soil engineer as meeting State requirements.
    5. Supports. Bearing weight of manufactured dwellings shall be supported by one of the following:
      1. Types.
        1. Placement on a permanent concrete or block basement, or perimeter foundation. Standard floor beams shall be used across the width of the foundation. "I" beams of the manufactured dwelling floor shall be secured by lag bolts at each juncture of an "I" beam with foundation floor beams.
        2. Placing upon concrete block piers, each of which rests upon a continuously poured concrete ribbon six (6) inches in depth and sixteen (16) inches in width extending the full length of the manufactured dwelling, less one foot. Each ribbon must contain a minimum of two metal reinforcing bars of at least one-half inch in diameter. One ribbon is required under each longitudinal "I" beam member of the manufactured dwelling's floor frame structure.
      2. Support Placement.
        1. A manufactured dwelling pier shall be limited to thirty- two (32) inches above the leveled site.
        2. Piers, when used, shall be no more than ten (10) feet apart under each "I" beam, and end piers should be no further than five (5) feet from the ends of the manufactured dwelling.
    6. Extensions.
      1. Cabanas, expando units, patio awnings, carports and other manufactured dwelling extensions shall be considered part of the manufactured dwelling in determining setbacks.
      2. All manufactured dwelling extensions shall be installed in accordance with plans approved by the State Building Codes Agency.
    7. Skirting.
      1. Skirting shall be weather resistant, noncombustible or not more combustible than three-eighths inch exterior grade plywood.
      2. Untreated wood shall not be nearer than six inches to any earth, unless separated by three inches of metal or concrete. EXCEPTION: For metal skirting, supporting members of untreated lumber shall be separated from the ground by not less than two inches.
      3. Adequate access shall be provided.
      4. Ventilation openings shall be provided for each twenty-five (25) linear feet of skirting.
      5. Each opening shall have a minimum net area of thirty-six (36) square inches and shall be located within two feet of the external covers of the manufactured dwelling and shall have a corrosion resistant louver or mesh cover.
      6. Skirting shall be completed within ninety (90) days after placement of the manufactured dwelling.

16.72.130 Standards For The Keeping Of Chickens And Ducks

The purpose of this section is to allow for a limited number of chickens and/or ducks on certain properties with standards in order for chickens and/or ducks to assist in insect control and provide eggs for food. The following standards shall be required for the keeping of chickens and/or ducks as allowed by Section 16.12.010 of this title.

  1. A permit shall be obtained from the City prior to the keeping of chickens and ducks on properties within the City.
  2. The keeping of chickens and ducks shall be permitted on properties used for single-family and two-family residential purposes or on C-1 and C-2 properties. Chickens and ducks shall be contained on the same premises where the owner of the birds resides.
  3. Properties that are one-half acre or less are allowed no more than a combination of six (6) chickens and ducks. Properties exceeding one-half acre are allowed no more than a combination of ten (10) chickens and ducks.
  4. The keeping of roosters and drakes shall be prohibited.
  5. Chickens and ducks shall be contained within the premises throughout the day. Chickens and ducks shall be contained throughout the night within an enclosed coop or other structure to prevent dogs, coyotes, cats, raccoons, and other predators and pests from accessing the birds. Enclosures containing the chickens and/or ducks that are separated from the main building may be located within five (5) feet of a rear property line if the structure is no more than fifteen (15) feet in height. Structures over fifteen (15) feet must meet the standard setbacks.
  6. Food for chickens and ducks shall be stored in a secure area free of vermin and not accessible to bears, raccoons, or other scavengers. When food is secured for the night, all food containers shall be secured.
  7. Chicken and/or duck enclosures shall be kept in a good working and sanitary condition, and shall not cause odor or noise nuisances.

16.72.140 Transportation Impact Analysis

  1. The following provisions establish when a proposal must be reviewed for potential transportation impacts:
    1. When a Transportation Impact Analysis (TIA) must be submitted with a development application in order to determine whether conditions are needed to minimize impacts to and protect transportation facilities;
    2. The required contents of a TIA; and
    3. Who is qualified to prepare the analysis.
  2. When Required. The City or other road authority with jurisdiction may require a TIA as part of an application for development, a change in use, or a change in access. A TIA shall be required where a change in use or a development would involve one or more of the following:
    1. A change in zoning or a plan amendment designation;
    2. Operational or safety concerns documented in writing by a road authority;
    3. An increase in site traffic volume generation by 300 Average Daily Trips (ADT) or more;
    4. An increase in peak hour volume of a particular movement to and from a street or highway by 20 percent or more;
    5. The development is expected to impact intersections that are currently operating at the upper limits of the acceptable range of service during the PM peak operating hour;
    6. The development is expected to significantly impact adjacent roadways and intersections that have previously been identified as high crash locations or areas that contain a high concentration of pedestrians or bicyclists such as school zones;
    7. An increase in the regular use of adjacent streets by vehicles exceeding the 20,000-pound gross vehicle weights by 10 vehicles or more per day;
    8. Existing or proposed approaches or access connections that do not meet minimum spacing or sight distance requirements or are located where vehicles entering or leaving the property are restricted, or such vehicles are likely to queue or hesitate at an approach or access connection, creating a safety hazard; or
    9. A TIA required by ODOT pursuant to OAR 734.051.
  3. TIA Preparation. The TIA shall be prepared by a professional engineer with competence in traffic engineering, licensed in the State of Oregon. If the TIA identifies level of service conditions less than the minimum standard established in the Waldport Transportation System Plan (TSP), improvements and funding strategies mitigating the problem shall be considered concurrent with the development proposal.
  4. Approval Criteria. The TIA shall be reviewed according to the following criteria:
    1. The analysis complies with the content requirements set forth by the City and/or other road authorities as appropriate;
    2. The study demonstrates that adequate transportation facilities exist to serve the proposed land use action or identifies mitigation measures that resolve identifies traffic safety problems in a manner that is satisfactory to the road authority;
    3. For affected City facilities, the study demonstrates that the project meets mobility and other applicable performance standards established in the Waldport Development Code (WDC) and TSP, and includes identification of multi-modal solutions used to meet these standards, as needed; and
    4. Proposed design and construction of transportation improvements are in accordance with the design standards and the access spacing standards specified in the WDC and TSP.
  5. Conditions of Approval.
    1. The City may deny, approve, or modify a proposal with conditions necessary to meet operational and safety standards; provide the necessary right-of-way for planned improvements; and require construction of improvements to ensure consistency with the future planned transportation system.
    2. Construction of off-site improvements, including those related to bicycle and pedestrian facilities, may be required to mitigate impacts resulting from development that relate to capacity deficiencies and public safety; and/or to upgrade or construct public facilities to City standards.
    3. Where the existing transportation system is shown to be impacted by the proposed use, improvements such as paving; curbing; installation of or contribution to traffic signals; and/or construction of sidewalks, bikeways, accessways, paths, or streets that serve the proposed use may be required.
    4. Improvements required as a condition of development approval, when not voluntarily provided by the applicant, shall be roughly proportional to the impact of the development on transportation facilities. Findings in the development approval shall indicate how the required improvements directly relate to and are roughly proportional to the impact of development.