Ordinance No Ordinance No. 98-1222 CITY OF THE DALLES, OREGON LAND USE AND DEVELOPMENT ORDINANCE Originally adopted May 11, 1998 – Effective June 11, 1998 Last amended June 11, 2007 by Ordinance 07-1281 Effective July 11, 2007 http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Cover%20Page.htm2/19/2008 5:20:44 AM i Table of Contents Page Chapter 1: General Provisions 1-1 1.010 Title 1-3 1.020 Purpose 1-3 1.030 Authority 1-3 1.040 Jurisdiction 1-3 1.050 Effective Date 1-3 1.060 Severability 1-4 1.070 Repeal 1-4 1.080 Editorial Revision 1-4 1.090 Interpretation 1-4 1.100 Compliance 1-5 1.110 Computation of Time 1-5 1.120 Fees 1-5 Chapter 2: Definitions 2-1 2.010 Meaning of Words Generally 2-3 2.020 Meaning of Common Words 2-3 2.030 Meaning of Specific Words and Terms 2-3 Table of Contents ii Chapter 3: Application Review Procedures 3-1 3.010 Application Procedures 3-3 3.020 Review Procedures 3-9 3.030 Site Plan Review 3-27 3.040 Neighborhood Compatibility Review 3-37 3.050 Conditional Use Permits 3-45 3.060 Administrative Conditional Use Permits 3-53 3.070 Variances 3-57 3.080 Administrative Variances 3-61 3.090 Nonconforming Development 3-67 3.100 Zone Changes 3-73 3.110 Ordinance Amendments 3-77 Chapter 4: Zone Districts and Map 4-1 Chapter 5: Zone District Regulations 5-1 5.010 RL-Low Density Residential 5-3 5.020 RH - High Density Residential 5-13 5.030 RMH - Mobile Home Residential 5-25 5.040 NC - Neighborhood Center Overlay 5-37 5.050 CBC - Central Business Commercial 5-49 5.060 CG - General Commercial 5-61 5.070 CLI - Commercial/Light Industrial 5-71 5.080 CR - Recreational Commercial 5-79 Table of Contents iii 5.090 I - Industrial 5-85 5.100 CFO - Community Facilities Overlay 5-93 5.110 P/OS - Parks and Open Spaces 5-99 Chapter 6: General Regulations 6-1 6.010 Landscaping Standards 6-3 6.020 Home Businesses 6-13 6.030 Accessory Development 6-21 6.040 Bed and Breakfast and Vacation Rentals 6-27 6.050 Access Management 6-33 6.060 Driveway and Entrance Standards 6-39 6.070 Measurements 6-47 6.080 Projections Into Yards 6-57 6.090 Height Limitation Exceptions 6-59 6.100 Vision Clearance 6-61 6.110 Waiver of Right to Remonstrate 6-65 6.120 Manufactured Dwellings 6-67 6.130 Temporary Family Hardship Exemption 6-73 6.140 Wireless Communication Facilities 6-79 6.150 Changes to Uses and Structures 6-87 Table of Contents iv Chapter 7: Parking Standards 7-1 7.010 Purpose 7-3 7.020 General Provisions 7-5 7.030 General Design Standards for Surface Parking Lots 7-15 7.040 Bicycle Parking Design Standards 7-27 7.050 Parking Structures 7-33 7.060 Minimum and Maximum Off-Street Parking Requirements 7-37 Chapter 8: Physical and Environmental Constraints 8-1 8.010 Purpose and Intent 8-3 8.020 Review Procedures 8-5 8.030 Flood Control Provisions 8-11 8.040 Geological Hazard Provisions 8-19 8.050 Erosion, Slope Failure and Cuts and Fill 8-23 8.060 Flowage Easements 8-29 Chapter 9: Land Divisions 9-1 9.010 Background and Purpose 9-3 9.020 Land Division Standards 9-5 9.030 Partitions, Minor Replats, and Lot Line Adjustments 9-13 9.040 Subdivisions and Major Replats 9-21 9.050 Planned Development 9-37 Table of Contents v Chapter 10: Improvements Required with Development 10-1 10.010 Purpose 10-3 10.020 General Construction Standards 10-3 10.030 Timing of Improvements 10-3 10.040 Pedestrian Requirements 10-4 10.050 Bicycle Requirements 10-6 10.060 Street Requirements 10-7 10.070 Public Utility Extensions 10-14 10.080 Public Improvement Procedures 10-15 10.090 Final Inspection Procedure 10-15 10.100 Franchise Utility Installations 10-17 10.110 Land for Public Purposes 10-19 10.110 Mail Delivery Facilities 10-21 Chapter 11: Manufactured Dwelling Parks 11-1 11.010 Purpose 11-3 11.020 Permitted Structures 11-3 11.030 Area Requirements 11-3 11.040 Setbacks 11-3 11.050 Park Perimeter Screening 11-4 11.060 Development Standards 11-6 11.070 Landscaping 11-8 Table of Contents Table of Contents vi Chapter 12: Recreational Vehicle Parks 12-1 12.010 Purpose 12-3 12.020 Development Standards 12-3 12.030 Landscaping 12-5 12.040 Park Maintenance and Storage 12-5 12.050 Length of Stay 12-6 Chapter 13: Signs Reserved for Future Use Chapter 14: Annexation Procedures Reserved for Future Use Chapter 15: Enforcement 15-1 15.010 Responsible Officers 15-3 15.020 Building Permit 15-3 15.030 Duties of Officers 15-3 15.040 Interpretation 15-3 15.050 Stop Work Order 15-3 15.060 Violations 15-4 15.070 Notice of Violation 15-4 15.080 City Attorney to Pursue Enforcement 15-5 15.090 Penalties 15-5 Index ! 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The Dalles UGB NSA Boundary Taxlots The DallesZoning Map Current as of March 2007 Section 5 Chapter 5 ZONE DISTRICT REGULATIONS Section Page 5.010 RL - Low Density Residential District 5-3 5.020 RH - High/Medium Density Residential District 5-13 5.030 RMH – Mobile Home Residential District 5-27 5.040 NC - Neighborhood Center Overlay District 5-39 5.050 CBC - Central Business Commercial District 5-51 5.060 CG - General Commercial District 5-63 5.070 CLI - Commercial/Light Industrial District 5-73 5.080 CR - Recreational Commercial District 5-83 5.090 I - Industrial District 5-89 5.100 CFO - Community Facilities Overlay District 5-97 5.110 P/OS - Parks and Open Space District 5-103 Section 5.010 RL - LOW DENSITY RESIDENTIAL DISTRICT Subsection Page http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (1 of 82)2/19/2008 5:21:36 AM Section 5 5.010.010 Purpose 5-5 5.010.020 Permitted Land Uses 5-5 5.010.030 Conditional Uses 5-6 5.010.040 Neighborhood Compatibility 5-7 5.010.050 Development Standards 5-8 5.010.060 Design Standards 5-9 5.010.070 Exceptions to Standards 5-9 5.010.010 Purpose This district implements the RL - Low Density Residential Comprehensive Plan designation, which allows for a range of 0 - 6 single family dwelling units per gross acre. The RL district is intended to provide low density family residential areas for present and future needs, together with a full range of urban services. 5.010.020 Permitted Uses A. Primary Uses Permitted Outright. 1. Residential Use Types: a) Single Family. 2. Residential Building Types: a) Single Family Detached. b) Single Family Detached (Zero Lot Line). [1] c) Duplex and 2-unit condominiums (On Corner Lots). http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (2 of 82)2/19/2008 5:21:36 AM Section 5 3. Civic Use Types: a) Public Parks and Open Space (excluding spectator and participant sports facilities, which shall be processed as Community Facilities Sites per the provisions Subsection 5.010.030: Conditional Uses below). 4. Other Use Types: a) Wireless Communication Facilities, subject to the provisions of Section 6.140: Wireless Communication Facilities. 5. Other uses determined by the Director to be similar to the above uses. B. Accessory Uses Permitted Outright. 1. Accessory Dwelling Units, subject to the provisions of Section 6.030: Accessory Development. 2. Accessory Structures customarily incidental to the primary use, subject to the provisions of Section 6.030: Accessory Development. 3. Bed and Breakfast and Vacation Rentals, subject to the provisions of Section 6.040: Bed and Breakfasts and Vacation Rentals. 4. Family Day Care, as defined in Chapter 2 - Definitions. 5. Home Business, subject to the provisions of Section 6.020: Home Businesses. 6. Residential Care Home, as defined in Chapter 2 - Definitions. 5.010.030 Conditional Uses The following Conditional Uses are allowed subject to review and approval per the provisions of either Section 3.050: Conditional Use Permits or Section 3.060: Administrative Conditional Use Permits. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (3 of 82)2/19/2008 5:21:36 AM Section 5 A. Child Care Center, as defined in Chapter 2 - Definitions. B. Community Facilities, subject to the provisions of Section 5.100: Community Facilities Overlay District. C. Funeral and Internment Services (interring and cemeteries only), subject to the provisions of Section 5.100: Community Facilities Overlay District. D. Planned Development, subject to the provisions of Section 9.050: Planned Development. E. Wireless Communication Facilities, subject to the provisions of Section 6.140: Wireless Communication Facilities F. Adult Business. An application for an adult business shall also comply with the following criteria: 1. The adult business must be located more than 500 feet from any R-L residential zone, measured in a straight line from the closest edge of the property line on which the business is located to the closest edge of the property in the RL Low Density Residential zone. 2. The adult business must be located more than 1000 feet from all of the following facilities, measured in a straight line from the closest edge of the property line on which the business is located to the closest edge of the property on which the facility is located: A. A public school. B. A public library. C. A public park or recreational facility, which has facilities such as a playground, swimming pool, baseball field, football field, soccer field, tennis court, basketball court, or volleyball court. 5.010.040 Neighborhood Compatibility To insure maximum compatibility with the surrounding established neighborhood, all new buildings and structures proposed in established neighborhoods in the RL - Low Density Residential District http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (4 of 82)2/19/2008 5:21:36 AM Section 5 shall comply with the provisions of Section 3.040: Neighborhood Compatibility Review. Where applicable, the Neighborhood Compatibility Standards shall take the place of the Development and Design Standards, including Exceptions, of this Section. To determine if Neighborhood Compatibility Review is required, see the definitions of “Neighborhood Area” and “Established Neighborhood” in Section 3.040: Neighborhood Compatibility Review. 5.010.050 Development Standards RL Low Density Residential Standard Lot Size Lot Area Lot Area - Corner Duplex Lot Width Lot Width - Corner Duplex Lot Depth 5,000 sq. ft. minimum 4,500 sq. ft. per dwelling unit 50 ft. minimum 35 ft. minimum per dwelling, each unit shall front on a separate street 65 ft. minimum average Setbacks Front Yard Rear Yard Side Yard (interior) Side Yard (corner lot) Garage/Carport Entrances (facing streets) 15 ft. minimum 10 ft. minimum 5 ft. minimum, OR 8 ft. minimum on one side of a dwelling unit with zero setback (0 ft.) on the opposite side. 10 ft. minimum on street side 20ft. minimum (corner lots and interior lots) Building Height 32 ft. maximum Lot Coverage 60% of Lot Area maximum Building Orientation The front building line shall be parallel to the street or private accessway. Orientation on private accessway is allowed only if there is no street frontage. Practical adjustments may be made to accommodate street curvature. The front building line shall include the front door. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (5 of 82)2/19/2008 5:21:36 AM Section 5 Off Street Parking See Chapter 7 - Parking Standards Accessory Uses, Buildings and Structures See Section 6.030: Accessory Development Driveway Locations See Section 6.050: Access Management Landscaping See Section 6.010: Landscaping Standards 5.010.060 Design Standards A. All Residential Development. All 1 and 2 family dwelling units located on a single tax lot shall utilize 7 or more of the following design features to provide visual relief along the front of the residence(s): 1. Attached garage or carport (1 per dwelling). 2. Roof pitch greater than 3/12 (a nominal slope of 3 feet in height for every 12 feet in width). 3. Commercially available siding. 4. Covered porch entries. 5. Recessed entries. 6. Eaves, minimum 12” projection. 7. Bay or bow windows. 8. Exterior window sills. 9. Gables in addition to the primary roof pitch. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (6 of 82)2/19/2008 5:21:36 AM Section 5 10. Hard surface walkway between right of way and front entry. 11. Other features subject to the approval of the Director. B. Manufactured Dwellings. In addition to the above requirements for all residential development, manufactured dwellings located on individual lots are subject to all of the provisions of Section 6.120: Manufactured Dwellings. Where a design feature from Subsection (A) above is the same as a requirement from Section 6.120: Manufactured Dwellings, the overlapping requirements may count as one, and satisfy the requirements of both Sections. 5.010.070 Exceptions to Standards (See Section 6.070: Measurements for information on how to measure average slope, average grade, and calculate height limits). A. Lot Size. In Planned Developments, the lot size, width, and depth may vary from the standards listed in this Section, provided that the overall project density does not exceed 6 units per gross acre, and the proposed development conforms with this and other City ordinances. B. Density Calculations. Permitted accessory dwellings shall not be counted in density calculations for proposed development. C. Setbacks. 1. Planned Development and Subdivision Development. In Planned Development and Subdivision development where the entire block frontage is developed as a unit, the front yard setbacks may be reduced to 10 feet. 2. Setback Averaging. The front yard setback and the garage/carport entrance setback may be reduced to the average of the respective setbacks of the abutting lots. 3. Setbacks for Steeply Sloping Lots. The following exceptions apply to lots which slope up or down from the street with an average slope of 20 % or greater: a) The front yard setback for the dwelling may be reduced to 10 feet; however, the height limitations of subsection (D)(3) below shall apply. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (7 of 82)2/19/2008 5:21:36 AM Section 5 b) The front setback for the garage wall and/or garage/carport entrance may be reduced to 5 feet; however, the height limitations of subsection (D) (3) below shall apply. 4. Garage and Carport Setbacks on Alleys. Rear yard setbacks for garage/ carports on alleys may be waived per the following: a) Garage/carports opening onto alleys with established 20 foot right- of-ways may be setback 0 feet from the right-of-way. b) Garage/carports opening onto alleys with less than a 20 foot right- of-way shall be setback to a minimum building line located 10 feet from the center of the alley right-of-way. D. Height Limits for Steeply Sloping Lots. 1. Downhill Slope from Street. On lots that slope downhill from the street with an average slope of 20 % or greater, the height limit is the higher of 23 feet above the average grade of the street or the 30 foot height limit. In addition, the alternative height and setback standards of subsection (3) below may be applied. 2. Uphill Slope from Street. On lots that slope uphill from the street with an average slope of 20 % or greater, the alternative height and setback standards of subsection (3) below may be applied. 3. Height Limit in Reduced Setback Area. The height limit in the area of the reduced setback is lowered one foot for every foot of reduced setback. E. Building Orientation. 1. Planned Development and Subdivisions. Planned Development and Subdivision development greater than 10 lots, and where the developer builds or sites the dwellings, shall be exempt from the building orientation requirement. 2. Steeply Sloping Lots. Buildings built uphill or downhill from garages/ carports on lots with a slope of 20% or greater may be exempt from the building orientation requirements, provided that the garage/carport entrance meets the orientation requirement of the development standards. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (8 of 82)2/19/2008 5:21:36 AM Section 5 Section 5.020 RH - HIGH/MEDIUM DENSITY RESIDENTIAL DISTRICT Subsection Page 5.020.010 Purpose 5-15 5.020.020 Permitted Uses 5-15 5.020.030 Conditional Uses 5-17 5.020.040 Neighborhood Compatibility 5-18 5.020.050 Development Standards 5-19 5.020.060 Design Standards 5-20 5.020.070 Open Area 5-23 5.020.080 Exceptions to Standards 5-23 5.020.010 Purpose This district implements the RH - High/Medium Density Residential Comprehensive Plan designation, which allows for a range of 7 - 25 single family and multi-family dwelling units per gross acre. The RH district is intended to provide areas where single family detached dwellings, single family attached dwellings, duplexes, town houses, condominiums, and multi-family developments may be constructed under various ownership patterns. Adequate urban services shall be available to all development without exception. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (9 of 82)2/19/2008 5:21:36 AM Section 5 5.020.020 Permitted Uses A. Primary Uses Permitted Outright. 1. Residential Use Types: a) Single Family. [2] b) Multi-Family. 2. Residential Building Types: a) Single Family Detached. b) Single Family Detached (Zero Lot Line). c) Duplex and Single Family Attached (Zero Lot Line, 2 Units). d) Small Lot Single Family Detached Dwellings (3-8 Unit Clusters) and Attached Town Houses (Zero Lot Line, 3 to 8 Unit Clusters). e) Multi-Family Dwelling. 3. Civic Use Types: a) Public Parks and Open Space (excluding spectator and participant sports facilities, which shall be processed as Community Facilities Sites per Subsection 5.020.030: Conditional Use below). 4. Care Facility Use Types, subject to the provisions of Section 3.030: Site Plan Review: a) Child Care Center, as defined in Chapter 2 - Definitions. b) Residential Care Facility, as defined in Chapter 2 - Definitions. 5. Other Use Types: http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (10 of 82)2/19/2008 5:21:36 AM Section 5 a) Wireless Communication Facilities, subject to the provisions of Section 6.140: Wireless Communication Facilities. 6. Other uses determined by the Director to be similar to the above uses. B. Accessory Uses Permitted Outright. 1. Accessory Dwelling Units, subject to the provisions of Section 6.030: Accessory Development. 2. Accessory Structures customarily incidental to the primary use, subject to the provisions of Section 6.030: Accessory Development. 3. Bed and Breakfast and Vacation Rentals, subject to the provisions of Section 6.040: Bed and Breakfasts and Vacation Rentals. 4. Family Day Care, as defined in Chapter 2 - Definitions. 5. Home Business, subject to the provisions of Section 6.020: Home Businesses. 6. Residential Care Home, as defined in Chapter 2 - Definitions. 5.020.030 Conditional Uses The following Conditional Uses are allowed subject to review and approval, per the provisions of either Section 3.050: Conditional Use Permits or Section 3.060: Administrative Conditional Use Permits. A. Community Facilities, subject to the provisions of Section 5.100: Community Facilities Overlay District. B. Mortuaries, Funeral Homes, Interring and Cemeteries, excluding crematoria. C. Parking Areas, subject to the provisions of Chapter 7 - Parking Standards. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (11 of 82)2/19/2008 5:21:36 AM Section 5 D. Planned Development, subject to the provisions of Section 9.050: Planned Development. E. Wireless Communication Facilities, subject to the provisions of Section 6.140: Wireless Communication Facilities. F. Adult Business. An application for an adult business shall also comply with the following criteria: 1. The adult business must be located more than 500 feet from any R-L residential zone, measured in a straight line from the closest edge of the property line on which the business is located to the closest edge of the property in the RH High Density Residential zone. 2. The adult business must be located more than 1000 feet from all of the following facilities, measured in a straight line from the closest edge of the property line on which the business is located to the closest edge of the property on which the facility is located: A. A public school. B. A public library. C. A public park or recreational facility, which has facilities such as a playground, swimming pool, baseball field, football field, soccer field, tennis court, basketball court, or volleyball court. 5.020.040 Neighborhood Compatibility To ensure maximum compatibility with the surrounding established neighborhood, all new buildings and structures proposed in established neighborhoods in the RH - High/Medium Density Residential District shall comply with the provisions of Section 3.040: Neighborhood Compatibility Review. Where applicable, the Neighborhood Compatibility Standards shall take the place of the Development and Design Standards, including Exceptions, of this Section. To determine if Neighborhood Compatibility Review is required, see the definitions of “Neighborhood Area” and “Established Neighborhood” in Section 3.040: Neighborhood Compatibility Review. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (12 of 82)2/19/2008 5:21:36 AM Section 5 5.020.050 Development Standards Standard RH High/Medium Residential One Dwelling Unit per Lot Two Dwelling Units per Lot Three Dwelling Units per Lot Four or More Dwelling Units per Lot Minimum Lot Area Minimum Site Area per Dwelling Unit Minimum Lot Width Minimum Lot Depth 3,500 sq. ft., 2,500 sq. ft. for small lot and townhouse clusters (2- 8 Units) 3,500 sq. ft. 35 ft. OR 25 ft. for small lot and townhouse clusters (2- 8 Units) 65 ft. 5,000 sq. ft. 2,500 sq. ft. 50 ft. 65 ft. 8,000 sq. ft. 2,500 sq. ft. 75 ft. 85 ft. 10,000 sq. ft. 1,500 sq. ft. 75 ft. 85 ft. Building Height [3] 32 ft. maximum 35 ft. maximum 40 ft. maximum 40 ft. maximum Minimum Setbacks Front Yard Rear Yard Side Yards Garage/Carport Entrances (Facing Street) 15 ft. 10 ft. The following shall apply: 1. Interior Lots: 5 ft. 2. Exterior Lots: 10 ft. 3. 0 ft. where zero lot lines allowed 20 ft. minimum (corner lots and interior lots) Lot Coverage 60% of Lot Area maximum http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (13 of 82)2/19/2008 5:21:36 AM Section 5 (Continued next page) 5.020.050 Development Standards (Continued) Standard RH High/Medium Residential One Dwelling Unit per Lot Two Dwelling Units per Lot Three Dwelling Units per Lot Four or More Dwelling Units per Lot Building Orientation The front building line shall be parallel to the street or private accessway. Practical adjustments may be made to accommodate street curvature. The front building line shall include the front door. Pedestrian Access All multi-family building entrances shall have a clear pedestrian connection to the street/sidewalk in accordance with Sub-section 5.020.060(C): Pedestrian Walkways Off Street Parking (Bicycles and Vehicles) See Chapter 7 - Parking Standards Accessory Uses, Buildings and Structures See Section 6.030: Accessory Development Landscaping See Section 6.010: Landscaping Standards Access Management See Section 6.050: Access Management 5.020.060 Design Standards A. Single Family and Two-Family Development. All 1 and 2 family dwelling units located on a single tax lot shall utilize 7 or more of the following design features to provide visual relief along the front of the residence(s): 1. Attached garage or carport (1 per dwelling). 2. Roof pitch greater than 3/12 (a nominal slope of 3 feet in height for every 12 feet in width). http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (14 of 82)2/19/2008 5:21:36 AM Section 5 3. Commercially available siding. 4. Covered porch entries. 5. Recessed entries. 6. Eaves, minimum 12” projection. 7. Bay or bow windows. 8. Exterior window sills. 9. Gables in addition to the primary roof pitch. 10. Hard surface walkway between the right of way and the front entry. 11. Other features subject to the approval of the Director. B. Manufactured Dwellings. In addition to the above requirements for 1 and 2 family development, manufactured dwellings located on individual lots are subject to all of the provisions of Section 6.120: Manufactured Dwellings. Where a design feature from Subsection (A) above is the same as a requirement from Section 6.120: Manufactured Dwellings, the overlapping requirements may count as one, and satisfy the requirements of both Sections. C. Exterior Elevations, All Development Except 1 and 2 Family. Exterior elevations of buildings shall incorporate architectural design features such as architectural features, offsets, balconies, base/wall/cornice design, projections, windows, entries, bays, seating, porches, wall articulation, or similar elements to preclude large expanses of uninterrupted building surfaces. 1. Horizontal. At least 3 design features shall be incorporated along the horizontal face (side to side) of the structure at a minimum of every 40 feet. 2. Vertical. At least 2 architectural design features shall be incorporated along the vertical face (top to bottom). D. Entries. Upper story residential uses are encouraged to have shared or individual entries on the first level only. Stairways to upper floors shall be adequately lighted, protected from wind, rain, sun and snow, and not openly visible from the street. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (15 of 82)2/19/2008 5:21:36 AM Section 5 E. Pedestrian Walkways. Each multi-family development shall include pedestrian walkway(s) designed to connect buildings and other accessible site facilities clearly and directly to adjacent public street/sidewalk(s). Walkways shall meet City standards for sidewalk construction, and be the shortest practical distance between the main entry(ies) and the public right-of-ways. If adjacent to parking where vehicles overhang the walkway, then the walkway shall be to the City standard plus 2 ½ feet in width for each side vehicles overhang. Walkways shall be distinguished form internal driveways and accessways using at-grade distinctive paving materials or other appropriate surfaces which contrast visually with adjoining surfaces. Walkways, including driveway and accessway crossings, shall be constructed and maintained for pedestrian safety, and shall meet the requirements of the Oregon Americans With Disabilities Act, the State of Oregon Structural Specialty Code, and the Oregon Revised Statutes. F. Multiple Buildings on One Lot: Separation Between Buildings, Parking Areas, Walks, and Drives. To provide privacy, light, air, and access to the dwellings within the development, the following minimum standards shall apply: 1. Buildings with windowed walls facing buildings with windowed walls: 20 feet separation. 2. Buildings with windowed walls facing buildings with a blank wall: 15 feet separation. 3. Buildings with opposing blank walls: 10 feet separation. 4. Building separation shall also apply to building projections such as balconies, bay windows, and room projections. 5. Buildings with courtyards shall maintain separation of opposing walls as listed in subsections (1) through (4) above for walls in separate buildings. 6. Where buildings exceed a horizontal dimension of 30 feet or a vertical dimension of 25 feet, the minimum wall separation shall be increased. Wall separation shall be increased at a rate of 1 foot for each 15 feet of building length over 60 feet, and 2 feet for each 5 feet of building height over 30 feet. 7. Driveways, parking lots, and common or public walkways shall maintain the following separation for dwelling units within 8 feet of the ground level: a) Driveways and parking lots shall be separated from windowed walls by at least 8 feet; walkways running parallel to the face of the buildings http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (16 of 82)2/19/2008 5:21:36 AM Section 5 shall be separated by at least 5 feet. b) Driveways and uncovered parking spaces shall be separated from doorways by at least 5 feet. 5.020.070 Open Area Open Area requirements shall apply to all development with 3 or more dwelling units per lot. A minimum of 30% of the gross lot area shall be developed as permanent open area. The minimum open area shall be landscaped and permanently maintained per the provisions of Section 6.010: Landscaping Standards. Decorative design elements such as fountains, pools, benches, sculptures, planters, and similar elements may be placed within the open area. These provisions shall apply to all new projects and to additions or remodels of existing structures that create new dwelling units. The following apply to the required open area: A. Balconies and Patios. Private open space designed for the exclusive use of individual dwelling units such as patio areas and balconies of at least 48 square feet with a minimum dimension of 6 feet may be given an open space credit of 2 square feet for each 1 square foot provided, not to exceed a total of 150 square feet of total open space credit for any one dwelling. B. Entrances. Balconies required for entrances or exits shall not be considered as open space except where such exits or entrances are for the sole use of the unit. C. Driveways and Parking Areas. Driveways and parking areas shall not be included as open space. 5.020.080 Exceptions To Standards (See Section 6.070: Measurements for information on how to measure average slope, average grade, and calculate height limits and setback averaging). A. Lot Size. In Planned Development and Subdivision development, the lot size, width, and depth requirements may vary from the Development Standards listed in this Section, provided that the overall project density does not exceed 25 units per gross acre and the proposed development conforms with this and other City ordinances. B. Density Calculations. Permitted accessory dwellings shall not be counted in density calculations for proposed development. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (17 of 82)2/19/2008 5:21:36 AM Section 5 C. Setbacks. 1. Planned Development and Subdivision Development. In Planned Development and Subdivision development where the entire block frontage is developed as a unit, the front yard setbacks may be reduced to 10 feet. 2. Setback Averaging. (Note: Does not apply to Mobile Home Parks and Recreational Vehicle Parks). The front yard setback and the garage/carport entrance setback may be reduced to the average of the respective setbacks of the abutting lots. 3. Garage and Carport Setbacks on Alleys. Rear yard setbacks for garage/ carports on alleys may be waived per the following: a) Garage/carports opening onto alleys with established 20 foot right- of-ways may be setback 0 feet from the right-of-way. b) Garage/carports opening onto alleys with less than a 20 foot right- of-way shall be setback to a minimum building line located 10 feet from the center of the alley right-of-way. 4. Setbacks for Steeply Sloping Lots. The following exceptions apply to lots which slope up or down from the street with an average slope of 20% or greater: a) The front yard setback for the dwelling may be reduced to 10 feet; however, the height limitations of subsection (D)(3) below shall apply. b) The front setback for the garage wall and/or garage/carport entrance may be reduced to 5 feet; however, the height limitations of subsection (D) (3) below shall apply. D. Height Limits for Steeply Sloping Lots. 1. Downhill Slope from Street. On lots that slope downhill from the street with an average slope of 20% or greater, the height limit is the higher of 23 feet above the average grade of the street or the allowed limit. In addition, the alternative height and setback standards of subsection (3) below may be applied. 2. Uphill Slope from Street. On lots that slope uphill from the street with an average slope of 20% or greater, the alternative height and setback standards of subsection (3) below may be applied. 3. Height Limit in Reduced Setback Area. The height limit in the area of the http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (18 of 82)2/19/2008 5:21:36 AM Section 5 reduced setback is lowered one foot for every foot of reduced setback. E. Building Orientation. 1. Planned Development and Subdivisions. Planned Development and Subdivision development greater than 10 lots, and where the developer builds or sites the dwellings, may be exempt from the building orientation requirement. 2. Steeply Sloping Lots. Buildings built uphill or downhill from garages/ carports on lots with a slope of 20% or greater may be exempt from the building orientation requirements, provided that the garage/carport entrance meets the orientation requirement of the development standards. Section 5.030 RMH - Mobile Home Residential Subsection Page 5.030.010 Purpose 5-29 5.030.020 Permitted Uses 5-29 5.030.030 Conditional Uses 5-31 5.030.040 Development Standards 5-32 5.030.050 Design Standards 5-33 5.030.060 Open Area 5-35 5.030.070 Exceptions To Standards 5-36 http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (19 of 82)2/19/2008 5:21:36 AM Section 5 5.030.010 Purpose This district implements the Mobile Home Residential Comprehensive Plan designation, which allows for a range of 7 - 17 single family and multi-family dwelling units per gross acre. The district is intended to provide medium density areas for residential mobile home parks, mobile homes on individual lots, and the other common residential dwelling types listed in this Section. Adequate urban services shall be available to all development without exception. 5.030.020 Permitted Uses A. Primary Uses Permitted Outright. 1. Residential Use Types: a) Single Family. [4] b) Multi-Family. [5] c) Manufactured Dwelling Park. [6] 2. Residential Building Types: a) Mobile Home. b) Mobile Home (Zero Lot Line). c) Single Family Detached. d) Single Family Detached (Zero Lot Line). e) Duplex and Single Family Attached (Zero Lot Line, 2 Units). f) Small Lot Single Family Detached Dwellings, and Attached Town Houses (Zero Lot Line, 3-5 Unit Clusters). g) Multi-Family Dwelling. 3. Civic Use Types, subject to the provisions of Section 3.030: Site Plan Review: a) Public Parks and Open Space (excluding spectator and participant sports facilities, which shall always be processed as Community Facilities Sites per Subsection 5.030.030: Conditional Uses below). http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (20 of 82)2/19/2008 5:21:36 AM Section 5 4. Care Facility Use Types, subject to the provisions of Section 3.030: Site Plan Review: a) Child Care Center, as defined in Chapter 2 - Definitions. b) Residential Care Facility, as defined in Chapter 2 - Definitions. 5. Other Use Types: a) Wireless Communication Facilities, subject to the provisions of Section 6.140: Wireless Communication Facilities. 6. Other uses determined by the Director to be similar to the above uses. B. Accessory Uses Permitted Outright. 1. Accessory Dwelling Units, subject to the provisions of Section 6.030: Accessory Development. 2. Accessory Structures customarily incidental to the primary use, subject to the provisions of Section 6.030: Accessory Development. 3. Bed and Breakfast and Vacation Rentals, subject to the provisions of Section 6.040: Bed and Breakfasts and Vacation Rentals. 4. Family Day Care, as defined in Chapter 2 - Definitions. 5. Home Business, subject to the provisions of Section 6.020: Home Businesses. 6. Residential Care Home, as defined in Chapter 2 - Definitions. 5.030.030 Conditional Uses The following Conditional Uses are allowed subject to review and approval, per the provisions of either Section 3.050: Conditional Use Permits or Section 3.060: Administrative Conditional Use Permits: A. Community Facilities, subject to the provisions of Section 5.100: Community Facilities Overlay District. B. Mortuaries, Funeral Homes, Interring, and Cemeteries, excluding crematoria. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (21 of 82)2/19/2008 5:21:36 AM Section 5 C. Parking Areas, subject to the provisions of Chapter 7 - Parking Standards. D. Planned Development (may mix residential and commercial uses) subject to the provisions of Section 9.050: Planned Development. E. Wireless Communication Facilities, subject to the provisions of Section 6.140: Wireless Communication Facilities. F. Adult Business. An application for an adult business shall also comply with the following criteria: 1. The adult business must be located more than 500 feet from any R-L residential zone, measured in a straight line from the closest edge of the property line on which the business is located to the closest edge of the property in the RMH Mobile Home Residential zone. 2. The adult business must be located more than 1000 feet from all of the following facilities, measured in a straight line from the closest edge of the property line on which the business is located to the closest edge of the property on which the facility is located: A. A public school. B. A public library. C. A public park or recreational facility, which has facilities such as a playground, swimming pool, baseball field, football field, soccer field, tennis court, basketball court, or volleyball court. 5.030.040 Development Standards Standard RMH Mobile Home Residential One Dwelling Unit per Lot Two Dwelling Units per Lot Three Dwelling Units per Lot Four or More Dwelling Units per Lot http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (22 of 82)2/19/2008 5:21:36 AM Section 5 Minimum Lot Area Minimum Site Area per Dwelling Unit Minimum Lot Width Minimum Lot Depth 4,000 sq. ft., 3,500 sq. ft. for small lot and townhouse clusters (3- 5 units) 4,000 sq. ft. 40 ft., or 35 ft. each for small lot and townhouse clusters (3- 5 units) 65 ft. 6,000 sq. ft. 2,500 sq. ft. 50 ft. 65 ft. 8,000 sq. ft. 2,500 sq. ft. 80 ft. 85 ft. 10,000 sq. ft. 2,000 sq. ft. 80 ft. 100 ft. Building Height [7] 32 ft. maximum 35 ft. maximum 40 ft. maximum 40 ft. maximum Minimum Setbacks Front Yard Rear Yard Side Yards Garage/Carport Entrances (Facing Street) 10 ft. 10 ft. The following shall apply: 1. Interior Lots: 5 ft. 2. Exterior Lots: 10 ft. 3. 0 ft. where zero lot lines allowed 20 ft. minimum (corner lots and interior lots) Lot Coverage 60% of Lot Area (Continued next page) 5.030.040 Development Standards (Continued) Standard http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (23 of 82)2/19/2008 5:21:36 AM Section 5 RMH Mobile Home Residential One Dwelling Unit per Lot Two Dwelling Units per Lot Three Dwelling Units per Lot Four or More Dwelling Units per Lot Building Orientation The front building line shall be parallel to the street or private accessway. Practical adjustments may be made to accommodate street curvature. The front building line shall include the front door. Pedestrian Access All multi-family building entrances shall have a clear pedestrian connection to the street/sidewalk in accordance with Subsection 5.030.050(D): Pedestrian Walkways) Off Street Parking (Bicycles and Vehicles) See Chapter 7 - Parking Requirements Accessory Uses, Buildings and Structures See Section 6.030: Accessory Development Landscaping See Section 6.010: Landscaping Standards Access Management See Section 6.050: Access Management 5.030.050 Design Standards These design standards do not apply to Manufactured Dwelling Parks and Recreational Vehicle Parks, which are instead subject to the provisions of Chapter 11 - Manufactured Dwelling Parks and Chapter 12 - Recreational Vehicle Parks. All other development shall be subject to the following: A. Manufactured Dwellings. Manufactured dwellings located on individual lots are http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (24 of 82)2/19/2008 5:21:36 AM Section 5 subject to all of the provisions of Section 6.120: Manufactured Dwellings. B. Exterior Elevations, All Development Except 1 and 2 Family. Exterior elevations of buildings shall incorporate architectural design features, offsets, balconies, projections, windows, base/wall/cornice design, entries, bays, seating, porches, wall articulation, or similar elements to preclude large expanses of uninterrupted building surfaces. 1. Horizontal. At least 2 architectural design features shall be incorporated along the horizontal face (side to side). 2. Vertical. At least 2 architectural design features shall be incorporated along the vertical face (top to bottom). C. Entries. Upper story residential uses are encouraged to have shared or individual entries on the first level only. Stairways to upper floors shall be adequately lighted, protected from wind, rain, sun and snow, and not openly visible from the street. D. Pedestrian Walkways. Each multi-family development shall include pedestrian walkway(s) designed to connect buildings and other accessible site facilities clearly and directly to adjacent public street/sidewalk(s). Walkways shall meet City standards for sidewalk construction, and be the shortest practical distance between the main entry(ies) and the public right-of-ways. If adjacent to parking where vehicles overhang the walkway, then the walkway shall be to the City standard plus 2 ½ feet in width for each side vehicles overhang. Walkways shall be distinguished form internal driveways and accessways using at-grade distinctive paving materials or other appropriate surfaces which contrast visually with adjoining surfaces. Walkways, including driveway and accessway crossings, shall be constructed and maintained for pedestrian safety, and shall meet the requirements of the Oregon Americans With Disabilities Act, the State of Oregon Structural Specialty Code, and the Oregon Revised Statutes. E. Multiple Buildings on One Lot: Separation Between Buildings, Parking Areas, Walks, and Drives. To provide privacy, light, air, and access to the dwellings within the development, the following minimum standards shall apply: 1. Buildings with windowed walls facing buildings with windowed walls: 20 feet separation. 2. Buildings with windowed walls facing buildings with a blank wall: 15 feet separation. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (25 of 82)2/19/2008 5:21:36 AM Section 5 3. Buildings with opposing blank walls: 10 feet separation. 4. Building separation shall also apply to building projections such as balconies, bay windows, and room projections. 5. Buildings with courtyards shall maintain separation of opposing walls as listed in subsections (1) through (4) above for walls in separate buildings. 6. Where buildings exceed a horizontal dimension of 60 feet or a vertical dimension of 30 feet, the minimum wall separation shall be increased. Wall separation shall be increased at a rate of 1 foot for each 15 feet of building length over 60 feet, and 2 feet for each 10 feet of building height over 30 feet. 7. Driveways, parking lots, and common or public walkways shall maintain the following separation for dwelling units within 8 feet of the ground level: a) Driveways and parking lots shall be separated from windowed walls by at least 8 feet; walkways running parallel to the face of the buildings shall be separated by at least 5 feet. b) Driveways and parking lots shall be separated from living room windows by at least 10 feet; walkways running parallel to the face of the buildings shall be separated by at least 7 feet. c) Driveways and uncovered parking spaces shall be separated from doorways by at least 5 feet. 5.030.060 Open Space Open Area requirements shall apply to all development with 3 or more dwelling units per lot. A minimum of 30% of the gross lot area shall be developed as permanent open space. The minimum open area shall be landscaped and permanently maintained per the provisions of Section 6.010: Landscaping Standards. Decorative design elements such as fountains, pools, benches, sculptures, planters, and similar elements may be placed within the open area. These provisions shall apply to all new projects and to additions or remodels of existing structures that create new dwelling units. The following apply to the required open area: A. Balconies and Patios. Private open space designed for the exclusive use of individual dwelling units such as patio areas and balconies of at least 48 square feet with a minimum dimension of 6 feet may be given an open space credit of 2 square feet for each 1 square foot provided, not to exceed a total of 150 square feet of total open space http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (26 of 82)2/19/2008 5:21:36 AM Section 5 credit for any one dwelling. B. Entrances. Balconies required for entrances or exits shall not be considered as open space except where such exits or entrances are for the sole use of the unit. C. Driveways and Parking Areas. Driveways and parking areas shall not be included as open space. 5.030.070 Exceptions To Standards (See Section 6.070: Measurements for information on how to measure average slope, average grade, and calculate height limits). A. Lot Size. In Planned Developments and Subdivision development, the lot size, width, and depth may vary from the standards listed in this Section, provided that the overall project density does not exceed 17 units per gross acre, and the proposed development conforms with this and other City ordinances. B. Density Calculations. Permitted accessory dwellings shall not be counted in density calculations for proposed development. C. Setbacks. 1. Planned Development and Subdivision Development. In Planned Development and Subdivision development where the entire block frontage is developed as a unit, the front yard setbacks may be reduced to 10 feet. 2. Setback Averaging. (Note: Does not apply to Mobile Home Parks and Recreational Vehicle Parks). The front yard setback and the garage/carport entrance setback may be reduced to the average of the respective setbacks of the abutting lots. 3. Garage and Carport Setbacks on Alleys. Rear yard setbacks for garage/ carports on alleys may be waived per the following: a) Garage/carports opening onto alleys with established 20 foot right- of-ways may be setback 0 feet from the right-of-way. b) Garage/carports opening onto alleys with less than a 20 foot right- of-way shall be setback to a minimum building line located 10 feet from the center of the alley right-of-way. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (27 of 82)2/19/2008 5:21:36 AM Section 5 4. Setbacks for Steeply Sloping Lots. The following exceptions apply to lots which slope up or down from the street with an average slope of 20% or greater: a) The front yard setback for the dwelling may be reduced to 10 feet; however, the height limitations of subsection (D)(3) below shall apply. b) The front setback for the garage wall and/or garage/carport entrance may be reduced to 5 feet; however, the height limitations of subsection (D) (3) below shall apply. D. Height Limits for Steeply Sloping Lots. 1. Downhill Slope from Street. On lots that slope downhill from the street with an average slope of 20% or greater, the height limit is the higher of 23 feet above the average grade of the street or the allowed height limit. In addition, the alternative height and setback standards of subsection (3) may be applied. 2. Uphill Slope from Street. On lots that slope uphill from the street with an average slope of 20% or greater, the alternative height and setback standards of subsection (3) below may be applied. 3. Height Limit in Reduced Setback Area. The height limit in the area of the reduced setback is lowered one foot for every foot of reduced setback. E. Building Orientation. 1. Planned Development, Subdivisions, Mobile Home Parks, and Recreational Vehicle Parks. Planned Development, Subdivisions, Mobile Home Parks, and Recreational Vehicle Parks may be exempt from the building orientation requirement. 2. Steeply Sloping Lots. Buildings built uphill or downhill from garages/ carports on lots with a slope of 20% or greater may be exempt from the building orientation requirements, provided that the garage/carport entrance meets the orientation requirement of the development standards. Section 5.040 NC - NEIGHBORHOOD CENTER OVERLAY http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (28 of 82)2/19/2008 5:21:36 AM Section 5 Subsection Page 5.040.010 Purpose 5-41 5.040.020 Permitted Uses 5-41 5.040.030 Conditional Uses 5-43 5.040.040 Development Standards 5-45 5.040.050 Design Standards 5-47 5.040.060 Neighborhood Compatibility 5-48 5.040.070 Exceptions to Standards 5-49 5.040.010 Purpose The purpose of the NC - Neighborhood Center Overlay zone is to provide areas throughout the City where a mix of certain commercial, residential, civic and light manufacturing uses are permitted, either within a single building or on a single tax lot. Neighborhood Centers are intended to create transportation efficient, pedestrian oriented locations for small businesses and neighborhood based services in residential sections of the City. This overlay zone shall be applied to underlying residential zones. 5.040.020 Permitted Uses A. Primary Uses Permitted Outright. 1. Residential Use Types: a) Single Family. [8] http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (29 of 82)2/19/2008 5:21:36 AM Section 5 b) Multi-Family. [9] 2. Residential Building Types: a) Single Family Detached (excluding mobile homes). b) Single Family Detached (Zero Lot Line). c) Duplex and Single Family Attached (Zero Lot Line, 2 Units). d) Small Lot Single Family Detached Dwellings and Attached Town Houses (Zero Lot Line, 3-8 Unit Clusters). e) Multi-Family Dwelling. 3. Commercial Use Types, subject to the provisions of Section 3.030: Site Plan Review: a) Child Care Center, as defined in Chapter 2 - Definitions b) Financial Institutions (excluding drive-through windows). c) Food Services (including restaurants which may or may not serve alcoholic beverages, cafeterias, bakeries, catering, and take-out operations, excluding drive-through windows). d) Indoor commercial amusements including bowling alleys with no more than 12 lanes, billiard halls with no more than 6 tables, and game rooms with no more than 20 mechanical or electrical games, or any combination thereof. e) Indoor Pet Stores. f) Indoor Small Animal Veterinary. g) Laundromats and Dry Cleaners. h) Light manufacture, assembly, or packaging (generates no nuisance conditions, conducted entirely within the building). i) Markets and Grocery Stores (20,000 sq. ft. maximum). j) Medical and Dental Offices, Clinics, and Laboratories. k) Personal care services such as barber shops and salons. l) Professional and Administrative Offices. m) Public and private parking lots and parking structures, subject to the provisions of Chapter 7 - Parking Standards. n) Repair services (excluding automobile repair). o) Residential Care Facility, as defined in Chapter 2 - Definitions. p) Wireless Communication Facilities, subject to the provisions of Section 6.140: Wireless Communication Facilities. q) Other uses determined by the Director to be similar to the above uses. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (30 of 82)2/19/2008 5:21:36 AM Section 5 4. Civic Use Types, subject to the provisions of Section 3.030: Site Plan Review: a) Lodges, Fraternal and Civic Assembly. b) Public Parks and Open Space (excluding spectator and participant sports facilities, which shall be processed as Community Facilities Sites per Subsection 5.040.030 Conditional Uses below). B. Accessory Uses Permitted Outright. 1. Accessory Dwelling Units, subject to the provisions of Section 6.030: Accessory Development. Must be accessory to a permitted single family residential use. 2. Accessory uses and structures, not otherwise prohibited, and customarily incidental to the primary use subject to the provisions of Section 6.030: Accessory Development. 3. Bed and Breakfast and Vacation Rentals, subject to the provisions of Section 6.040: Bed and Breakfasts and Vacation Rentals. Must be accessory to a permitted single family residential use. 4. Bus shelters, bike racks, street furniture, drinking fountains, and other pedestrian and transit amenities. 5. Family Day Care, as defined in Chapter 2 - Definitions. 6. Home Business, subject to the provisions of Section 6.020: Home Businesses. Must be accessory to a permitted residential use. 7. Residential Care Home, as defined in Chapter 2 - Definitions. Must be accessory to single family residential dwelling. 5.040.030 Conditional Uses The following Conditional Uses are allowed subject to review and approval, per the appropriate provisions of either Section 3.050: Conditional Use Permits or Section 3.060: Administrative Conditional Use Permits. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (31 of 82)2/19/2008 5:21:36 AM Section 5 A. Automobile service stations, including repair services. B. Bars, taverns and cocktail lounges, with OLCC IV or IV-A Minor posting, where all operations (except off-street parking and loading) are conducted within completely enclosed buildings and not located closer than 100 feet to a residential district, or 500 feet to a school. C. Community Facilities, subject to the provisions of Section 5.100: Community Facilities Overlay District. D. Mortuaries and Funeral Homes (excluding crematoria). E. Planned Development, subject to the provisions of Section 9.050: Planned Development. F. Retail uses. G. Small Indoor Theaters (seating up to 300), excluding multiplex cinemas. H. Wireless Communication Facilities, subject to the provisions of Section 6.140: Wireless Communication Facilities. I. Adult Business. An application for an adult business shall also comply with the following criteria: 1. The adult business must be located more than 500 feet from any R-L residential zone, measured in a straight line from the closest edge of the property line on which the business is located to the closest edge of the property in the NC Neighborhood Center overlay zone. 2. The adult business must be located more than 1000 feet from all of the following facilities, measured in a straight line from the closest edge of the property line on which the business is located to the closest edge of the property on which the facility is located: A. A public school. B. A public library. C. A public park or recreational facility, which has facilities such as a http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (32 of 82)2/19/2008 5:21:36 AM Section 5 playground, swimming pool, baseball field, football field, soccer field, tennis court, basketball court, or volleyball court. 5.040.040 Development Standards Standard NC Neighborhood Commercial Commercial Only Residential Only Mixed Commercial/Residential Minimum Lot Area Minimum Site Area per Dwelling Unit Minimum Lot Width Minimum Lot Depth None N/A None None 4,000 sq. ft. OR 2,800 sq. ft. per lot for small lot and townhouse clusters (3-8 Units) 2,500 sq. ft. 40 ft. OR 28 ft. per lot for small lot and townhouse clusters (3-8 Units) 60 ft. 4,000 sq. ft. 2,000 sq. ft. 40 ft. OR 28 ft. per lot for small lot and townhouse clusters (3-8 Units) 60 ft. Front Yard Setback Rear Yard Setback No minimum. 5 ft. maximum, except 15 ft. maximum where outdoor seating for food service or a permanent open area is provided. None, except 15 ft. where shares lot line with property zoned residential 10 ft. minimum 10 ft. minimum 5 ft. minimum, 10 ft. maximum if residential on ground floor. Otherwise no minimum and 5 ft. maximum, except 15 ft. maximum where outdoor seating for food service or a permanent open area is provided. 10 ft. minimum, except 15 ft. where shares lot line with property zoned residential (Continued next page) http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (33 of 82)2/19/2008 5:21:36 AM Section 5 5.040.040 Development Standards (Continued) Standard NC Neighborhood Commercial Commercial Only Residential Only Mixed Commercial/ Residential Side Yard Setbacks None, except 8 ft. from right-of-way line for exterior side yard, and 10 ft. where shares lot line with property zoned residential 5 ft. minimum, 0 ft. for zero lot lines, 8 ft. for exterior side yard 5 ft. minimum, except 0 ft. for zero lot lines, 8 ft. from right-of-way line for exterior side yard, and 10 ft. where shares lot line with property zoned residential Building Height 32 ft. maximum 32 ft. max. 35 ft. maximum Lot Coverage (Area occupied by buildings, parking, and automobile circulation) No maximum 65% of lot area maximum No lot area maximum Garage/Carport Entrance (Facing Street) 20 ft. minimum setback (corner lots and interior lots) Building Orientation The front building line shall be parallel to the street or private accessway. Practical adjustments may be made to accommodate street curvature. The front building line shall include the front door. Pedestrian Access All building entrances shall have a clear pedestrian connection to the street/sidewalk in accordance with Sub-section 5.040.050(C): Pedestrian Walkways Off Street Parking (Bicycles and Vehicles) See Chapter 7 - Parking Requirements Landscaping See Section 6.010: Landscaping Standards http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (34 of 82)2/19/2008 5:21:36 AM Section 5 Access Management See Section 6.050: Access Management Accessory Uses, Buildings and Structures See Section 6.030: Accessory Development 5.040.050 Design Standards A. Exterior Elevations. Exterior elevations of buildings shall incorporate architectural design features such as offsets, balconies, projections, windows, base/wall/ cornice design, entries, bays, seating, wall articulation, traditional storefront elements, or similar elements to preclude large expanses of uninterrupted building surfaces. 1. Horizontal. At least 3 architectural design features shall be incorporated along the horizontal face (side to side) of the structure. 2. Vertical. At least 2 architectural design features shall be incorporated along the vertical face (top to bottom) of the structure. B. Entries. 1. Commercial and Residential. Primary entries shall face a public street or designated access drives and shall be accessed from a public sidewalk in accordance with the provisions of Subsection (C) below. Secondary entries may face parking lots or loading areas. 2. Residential Only. Upper story residential uses are encouraged to have shared or individual entries on the first level only. Stairways to upper floors shall be adequately lighted, protected from wind, rain, sun and snow, and not openly visible from the street. C. Pedestrian Walkways. Each developed commercial, or mixed commercial/ residential site shall include pedestrian walkway(s) designed to connect buildings and other accessible site facilities clearly and directly to adjacent public street/sidewalk(s). Walkways shall meet City standards for sidewalk construction and be the shortest practical distance between the main entry(ies) and public right-of-way. If adjacent to parking where vehicles overhang the walkway, then the walkway shall be to the City standard plus 2 ½ feet in width for each side vehicles overhang. Walkways shall be distinguished form internal driveways and accessways using at-grade distinctive paving materials or other appropriate surfaces which contrast visually with adjoining surfaces. Walkways, including driveway and accessway crossings, shall be constructed and http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (35 of 82)2/19/2008 5:21:36 AM Section 5 maintained for pedestrian safety, and shall meet the requirements of the Oregon Americans With Disabilities Act, the State of Oregon Structural Specialty Code, and the Oregon Revised Statutes. D. Multiple Buildings on One Lot: Separation Between Buildings, Parking Areas, Walks, and Drives. To provide privacy, light, air, and access to the dwellings and businesses within a development or on a single lot, the following minimum standards shall apply: 1. Buildings with windowed walls facing buildings with windowed walls: 15 feet separation. 2. Buildings with windowed walls facing buildings with a blank wall, and buildings with opposing blank walls: 10 feet separation. 3. Building separation shall also apply to building projections such as balconies, bay windows, and room projections. 4. Buildings with courtyards shall maintain separation of opposing walls as listed in subsections (1) through (3) above for walls in separate buildings. 5. Driveways, parking lots, and common or public walkways shall maintain the following separation for dwelling units within 8 feet of the ground level: a) Driveways and parking lots shall be separated from windowed walls by at least 8 feet; walkways running parallel to the face of the buildings shall be separated by at least 5 feet. b) Driveways and uncovered parking spaces shall be separated from doorways by at least 5 feet. 5.040.060 Neighborhood Compatibility All applications for new construction, or for additions and /or modifications to existing buildings shall meet all of the applicable requirements of Section 3.040: Neighborhood Compatibility Review to ensure, to the extent possible, compatibility with surrounding development. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (36 of 82)2/19/2008 5:21:36 AM Section 5 5.040.070 Exceptions To Standards (See Section 6.070: Measurements for information on how to measure average slope, average grade, and calculate height limits). A. 1 and 2 Family Residential. 1 and 2 family residential dwellings located on a single tax lot are exempt from the design standards listed in this Section, and instead subject to the low density residential design standard requirements of Subsection 5.010.060: Design Standards. B. Lot Size. In Planned Developments, the lot size, width, and depth requirements may vary from the standards listed in this Section, provided that the overall project density does not exceed 25 dwelling units per gross acre, and the proposed development conforms with this and other City ordinances. C. Setbacks. 1. Setback Averaging. The front yard setback and the garage/carport entrance setback may be reduced to the average of the respective setbacks of the abutting lots. 2. Garage and Carport Setbacks on Alleys. Rear yard setbacks for garage/ carports on alleys may be waived per the following: a) Garage/carports opening onto alleys with established 20 foot right- of-ways may be setback 0 feet from the right-of-way. b) Garage/carports opening onto alleys with less than a 20 foot right- of-way shall be setback to a minimum building line located 10 feet from the center of the alley right-of-way. 3. Setbacks for Steeply Sloping Lots. The following exceptions apply to lots which slope up or down from the street with an average slope of 20% or greater: a) The front yard setback for the dwelling may be reduced to 5 feet; however, the height limitations of subsection (D)(3) below shall apply. b) The front setback for the garage wall and/or garage/carport entrance may be reduced to 5 feet; however, the height limitations of subsection (D) (3) below shall apply. D. Height Limits for Steeply Sloping Lots. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (37 of 82)2/19/2008 5:21:36 AM Section 5 1. Downhill Slope from Street. On lots that slope downhill from the street with an average slope of 20% or greater, the height limit is the higher of 23 feet above the average grade of the street or the 30 foot height limit. In addition, the alternative height and setback standards of subsection (3) below shall apply. 2. Uphill Slope from Street. On lots that slope uphill from the street with an average slope of 20% or greater, the alternative height and setback standards of subsection (3) below shall apply. 3. Height Limit in Reduced Setback Area. The height limit in the area of the reduced setback is lowered one foot for every foot of reduced setback. E. Building Orientation. 1. Steeply Sloping Lots. Buildings built uphill or downhill from garages/ carports on lots with a slope of 20% or greater may be exempt from the building orientation requirements, provided that the garage/carport entrance meets the orientation requirement of the development standards. Section 5.050 CBC - CENTRAL BUSINESS COMMERCIAL DISTRICT Subsection Page 5.050.010 Purpose 5-53 5.050.020 Sub-Districts 5-53 5.050.030 Permitted Land Uses 5-53 5.050.040 Conditional Uses 5-56 http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (38 of 82)2/19/2008 5:21:36 AM Section 5 5.050.050 Development Standards 5-58 5.050.060 Design Standards - All Development 5-59 5.050.070 Design Standards – Sub-Districts 5-60 5.050.080 Exceptions To Standards 5-61 5.050.010 Purpose This district implements the CBC - Central Business Commercial zone district as part of the Commercial Comprehensive Plan designation and is intended to provide an area for commercial uses, along with civic and certain residential uses, and to provide all basic services and amenities required to keep the downtown area the vital pedestrian-oriented center of the community. 5.050.20 Sub-Districts For the purposes of development and redevelopment, the CBC - Central Business Commercial zone district is divided up into 3 specific sub-districts. In addition to the Design Standards for all development, each of the 3 sub-districts has special characteristics which require different development and design standards and review procedures. The 3 sub-districts are defined as follows: A. Sub-district CBC-1. CBC-1 shall be the area of the Central Business Commercial zone district which falls within the designated national Commercial Historic District and Trevitts Addition Historic District. B. Sub-district CBC-2. CBC-2 shall be the area of the Central Business Commercial zone district bordered on the north by First Street, on the east by Jefferson Street, on the south by Fourth Street, and on the west by Liberty Street. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (39 of 82)2/19/2008 5:21:36 AM Section 5 C. Sub-district CBC-3. CBC-3 shall be the area of the Central Business Commercial zone district excluding sub-districts CBC-1 and CBC-2 above. 5.050.030 Permitted Uses A. Primary Uses Permitted Outright. The following primary uses shall be subject to the provisions of Section 3.030: Site Plan Review, the specific standards and procedures for the particular Sub-district where the use is proposed, and all other applicable requirements of this and other City Ordinances: 1. Agricultural Sales, including feed and seed and equipment but excluding heavy equipment. 2. Animal Sales and Services (pet stores, grooming, kennels, veterinary). 3. Automobile and equipment repair (excluding heavy equipment), sales and services, rental agencies on site only except during community events. Except for replacement of minor parts, all auto repair work shall be conducted inside a building. 4. Child Care Center, as defined in Chapter 2 - Definitions. 5. Food Services (including restaurants, cafeterias, bakeries, catering, and take-out operations). 6. Hotels and Motels. 7. Laundromats and Dry Cleaners (commercial operations only). 8. Liquor stores, public house, taverns, lounges and bars. 9. Lodges, Fraternal and Civic Assembly. 10. Markets and Grocery Stores. 11. Medical and Dental Offices, Clinics, and Laboratories. 12. Mortuaries and funeral homes. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (40 of 82)2/19/2008 5:21:36 AM Section 5 13. Personal Care Services such as barber shops and salons. 14. Printing and Publishing. 15. Professional and Administrative Offices and Services. 16. Public and Private Parking Lots and Structures, see also the provisions of Chapter 7 - Parking Standards. 17. Public Parks and Open Space (excluding spectator and participant sports facilities, which shall be processed as Community Facilities Sites per the provisions Subsection 5.050.040: Conditional Uses below). 18. Recreation Facilities (commercial - indoor), including health and athletic clubs, bowling alleys, theaters (more than two screens are a multi-plex cinema and are processed as a conditional use), and game rooms. 19. Residential uses as follows: a) All dwellings, as defined by this ordinance, above permitted commercial uses. b) Attached Town Houses (zero lot line, 3-8 unit clusters), allowed only outside Sub-district 2. c) Multi-family dwellings with dwellings on the first floor, allowed only outside Sub-district 2. 20. Residential Care Facilities and Group Homes, located in permitted single family residential structures. 21. Retail Uses. 22. Wireless Communication Facilities, subject to the provisions of Section 6.140: Wireless Communication Facilities. 23. Other uses determined by the Director to be similar to the above uses. B. Accessory Uses Permitted Outright. 1. Accessory dwellings, per the provisions of Section 6.030: Accessory http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (41 of 82)2/19/2008 5:21:36 AM Section 5 Development. Must be accessory to an allowed single family residential use outside Sub-District CBC-2. 2. Accessory uses, buildings and structures, not otherwise prohibited and customarily incidental to the primary use, per the provisions of Section 6.030: Accessory Development. 3. Bed and Breakfast and Vacation Rentals, subject to the provisions of Section 6.040: Bed and Breakfasts and Vacation Rentals. Must be accessory to a permitted single family residential use outside Sub-District CBC-2. 4. Bus shelters, bike racks, street furniture, drinking fountains, and other pedestrian and transit amenities. 5. Family Day Care, as defined in Chapter 2 - Definitions. Must be accessory to a permitted single family residential use outside Sub-District CBC-2. 6. Home Business, subject to the provisions of Section 6.020: Home Businesses. Must be accessory to a permitted residential use. 7. Residential Care Home, as defined in Chapter 2 - Definitions. Must be accessory to a permitted residential use. 5.050.040 Conditional Uses Conditional Uses that have outdoor storage will screen the storage area to reduce as much as possible views from other properties. The following Conditional Uses are allowed subject to review and approval, per the appropriate provisions of either Section 3.050: Conditional Use Permits or Section 3.060: Administrative Conditional Use Permits: A. Automotive service stations, body shops, and auto painting, on site only. B. Automatic Teller Machines. C. Conference, Visitor, and Convention Centers. D. Community Facilities, subject to the provisions of Section 5.100: Community Facilities Overlay District. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (42 of 82)2/19/2008 5:21:36 AM Section 5 E. Contractor shops, offices, and storage areas. F. Hospitals, convalescent centers, sanitariums, and similar institutions G. Light Manufacture, assembly, and packaging (generates no nuisance conditions by commercial standards, conducted entirely within the building). H. Machine shops. I. Micro-breweries and wineries. J. Planned Development, subject to the provisions of Section 9.050: Planned Development. K. Public and private transportation depots and terminals (passengers only). L. Wireless Communication Facilities, subject to the provisions of Section 6.140: Wireless Communication Facilities. M. Other uses determined by the Commission to be similar to the above uses. N. Adult Business. An application for an adult business shall also comply with the following criteria: 1. The adult business must be located more than 1000 feet from all of the following facilities, measured in a straight line from the closest edge of the property line on which the business is located to the closest edge of the property on which the facility is located: A. A public school. B. A public library. C. A public park or recreational facility, which has facilities such as a playground, swimming pool, baseball field, football field, soccer field, tennis court, basketball court, or volleyball court. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (43 of 82)2/19/2008 5:21:36 AM Section 5 5.050.050 Development Standards CBC Standard Central Business Commercial Sub-district 1 Historic Districts Sub-district 2 Downtown Core Sub-district 3 Downtown Fringe Setbacks Front Yard and Corner Side Yard 0 ft. maximum, 10 ft. maximum where overlaps Sub-district 3 [10] 0 ft. maximum [11] 10 ft. maximum [12] Side and Rear Yards No minimum/maximum, except 15 ft. where shares lot line with residentially zoned property, unless there is a vertical grade change between adjacent zone districts greater than 20 feet. Lot Size, Width, Depth No minimum/one full City block maximum provided any public rights-of-way are maintained Building Height 55 ft. maximum http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (44 of 82)2/19/2008 5:21:36 AM Section 5 Building Orientation New buildings and major remodels of existing buildings increasing floor area by more than 30% shall be oriented primarily toward a street or designated accessway rather than a parking area. Pedestrian Access All building entrances shall have a clear pedestrian connection to the street/sidewalk in accordance with Sub-section 5.050.060(C): Pedestrian Walkways Off Street Parking (Bicycles and Vehicles) See Chapter 7 - Parking Standards Landscaping See Section 6.010: Landscaping Standards Accessory Uses, Buildings and Structures See Section 6.030: Accessory Development Access Management See Section 6.050: Access Management 5.050.060 Design Standards - All Development A. Exterior Elevations. Exterior elevations of buildings (except allowed 1 and 2 family dwellings) shall incorporate architectural design features such offsets, balconies, projections, base/wall/cornice design, windows, entries, bays, seating, wall articulation, traditional storefront elements, or similar elements to preclude large expanses of uninterrupted building surfaces. 1. Horizontal. At least 3 architectural design features shall be incorporated along the horizontal face (side to side) of the structure. 2. Vertical. At least 2 architectural design features shall be incorporated along the vertical face (top to bottom) of the structure. B. Entries. 1. Commercial and Residential. Primary entries shall face a public street or designated access drives and shall be accessed from a public sidewalk in accordance with the provisions of Subsection (C) below. Secondary entries may face parking lots or loading areas. Doors shall not swing into public rights-of-way. 2. Residential Only. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (45 of 82)2/19/2008 5:21:36 AM Section 5 a) Within Sub-District CBC-2, upper story residential uses shall have shared or individual entries on the first level only. No outside stairways serving upper story dwellings are allowed. b) Outside Sub-district CBC-2, Upper story residential uses are encouraged to have shared or individual entries on the first level only. Stairways to upper floors shall be adequately lighted, protected from wind, rain, sun and snow, and not openly visible from the street. C. Pedestrian Walkways. Each developed site shall include pedestrian walkway(s) designed to connect buildings and other accessible site facilities clearly and directly to adjacent public street/sidewalk(s). Walkways shall meet City standards for sidewalk construction, and be the shortest practical distance between the main entry(ies) and the public right-of-way. If adjacent to parking where vehicles overhang the walkway, then the walkway shall be to the City standard plus 2 ½ feet in width for each side vehicles overhang. Walkways shall be distinguished from internal driveways and accessways using at-grade distinctive paving materials or other appropriate surfaces which contrast visually with adjoining surfaces. Walkways, including driveway and accessway crossings, shall be constructed and maintained for pedestrian safety, and shall meet the requirements of the Oregon Americans With Disabilities Act, the State of Oregon Structural Specialties Code, and the Oregon Revised Statutes. 5.050.070 Design Standards - Sub-Districts A. Sub-district CBC-1 (Commercial Historic District and Trevitts Addition Historic District). All proposed development and redevelopment in this Sub-district shall first require review and approval of the Historic Landmarks Commission in accordance with the procedures of the Historic Resources Ordinance (General Ordinance No. 94-1194). B. Sub-district CBC-2 (Downtown Core). All development and redevelopment in the CBC-2 Sub-district shall comply with the following: 1. Building Exteriors. Building exteriors may be finished with brick (excluding concrete brick), rock, stucco, plaster, cut stone such as marble or granite, and similar materials. Wood, metal and vinyl exteriors are prohibited. 2. Roofs. Buildings shall have flat (as opposed to sloped) roof lines. Roof lines may include parapets. 3. Minimum Building Height. Buildings shall be at least 16 feet minimum http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (46 of 82)2/19/2008 5:21:36 AM Section 5 height with a facade having the architectural appearance of a 2 story structure. C. Sub-district CBC-3 (Downtown Fringe). All development and redevelopment in the CBC-3 Sub-district shall choose one of the following: 1. May be designed in accordance with the requirements of Subsection (B) above. 2. May be designed so that building exteriors, roof lines, and front entries are compatible with the surrounding development in terms of setback, height, bulk, mass, and building materials. 5.050.080 Exceptions To Standards A. Pedestrian Access. The following permitted and conditional uses may be exempted from the requirements for pedestrian access of this Ordinance (but may still be required to meet federal and state requirements) as follows: 1. Automobile sales lots, however the sales lots must still provide pedestrian walkway(s) to the sales lot from the sidewalk. 2. Commercial card-lock fueling stations, where there are no mini markets on site. 3. Service stations where there are no mini-markets on site. 4. Storage facilities and warehouses. 5. Wireless Communication Facilities. 6. Other uses which the Director determines to have no public pedestrian access needs. B. Parking. The following permitted and conditional uses may be exempted from the off-street parking requirements of this Ordinance: 1. Commercial Communication Equipment. 2. Uses which the Director determines have no employees on site and are not http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (47 of 82)2/19/2008 5:21:36 AM Section 5 open to the public. C. Setbacks. The following setback exceptions may apply to allowed residential uses: 1. Setback Averaging. The front yard setback and the garage/carport entrance setback may be reduced to the average of the respective setbacks of the abutting lots. 2. Setbacks for Steeply Sloping Lots. The following exceptions apply to lots which slope up or down from the street with an average slope of 20 % or greater: a) The front setback for the garage wall and/or garage/carport entrance may be reduced to 5 feet; however, the height limitations of subsection (D) (3) below shall apply. 3. Garage and Carport Setbacks on Alleys. Rear yard setbacks for garage/ carports on alleys may be waived per the following: a) Garage/carports opening onto alleys with established 20 foot right- of-ways may be setback 0 feet from the right-of-way. b) Garage/carports opening onto alleys with less than a 20 foot right- of-way shall be setback to a minimum building line located 10 feet from the center of the alley right-of-way. D. Height Limits for Steeply Sloping Lots. 1. Downhill Slope from Street. On lots that slope downhill from the street with an average slope of 20% or greater, the height limit is the higher of 23 feet above the average grade of the street or the designated height limit. In addition, the alternative height and setback standards of subsection (3) below may be applied. 2. Uphill Slope from Street. On lots that slope uphill from the street with an average slope of 20% or greater, the alternative height and setback standards of subsection (3) below may be applied. 3. Height Limit in Reduced Setback Area. The height limit in the area of the reduced setback is lowered one foot for every foot of reduced setback. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (48 of 82)2/19/2008 5:21:36 AM Section 5 Section 5.060 CG - GENERAL COMMERCIAL DISTRICT Subsection Page 5.060.010 Purpose 5-65 5.060.020 Permitted Land Uses 5-65 5.060.030 Conditional Uses 5-67 5.060.040 Development Standards 5-69 5.060.050 Design Standards 5-70 5.060.060 Exceptions to Standards 5-71 5.060.010 Purpose This district implements the CG - General Commercial Zone District as part of the Commercial Comprehensive Plan designation, and is intended to provide areas for a wide range of retail, wholesale, and service businesses commensurate with the needs of the marketing region. New development shall be designed to promote clustering of businesses, use of common access and traffic controls, and use of cross access for vehicles, pedestrians and bicycles between contiguous sites. Safe and convenient pedestrian and bicycle circulation between the particular use and the adjoining street, sidewalk, or public right-of-way shall also be provided. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (49 of 82)2/19/2008 5:21:36 AM Section 5 5.060.020 Permitted Uses A. Primary Uses Permitted Outright. The following primary uses shall be subject to the provisions of Section 3.030: Site Plan Review, and all other applicable requirements of this and other City Ordinances: 1. Animal Sales and Services (pet stores, grooming, veterinary). 2. Automobile repair, sales and services, including rental agencies, service stations, and detailing (excluding body shops, auto painting, and machine shops which shall be processed as conditional uses per Subsection 5.070.030: Conditional Uses below). Uses are allowed only on site except during community events. 3. Child Care Center, as defined in Chapter 2 - Definitions. 4. Conference, Visitor, and Convention Centers. 5. Equipment sales, service and repair, excluding heavy equipment. 6. Food Services (including restaurants, cafeterias, bakeries, catering, and take-out operations). 7. Hotels and Motels. 8. Laundromats and Dry Cleaners. 9. Light manufacture, assembly, or packaging (generates no nuisance conditions by commercial standards, conducted entirely within the building). 10. Liquor stores, public house, taverns, lounges and bars. 11. Lodges, Fraternal and Civic Assembly. 12. Medical and dental offices, clinic, and labs. 13. Mortuaries and funeral homes. 14. Personal Care Services such as barber shops and salons. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (50 of 82)2/19/2008 5:21:36 AM Section 5 15. Printing and Publishing Houses. 16. Professional and Administrative offices and services. 17. Public and Private Parking Lots and Structures, subject to the provisions of Chapter 7 - Parking Standards. 18. Public Parks and Open Space (excluding spectator and participant sports facilities, which shall be processed as Community Facilities Sites per the provisions Subsection 5.060.030: Conditional Uses below). 19. Recreation Facilities (commercial - indoor), including health and athletic clubs, bowling alleys, skating rinks, shooting ranges, movie theaters (including multi-plex cinemas), and game rooms. 20. Residential dwellings above permitted commercial uses, including multi- family dwellings. 21. Residential Care Facilities and Assisted Living. 22. Retail Uses, including shopping centers, markets, grocery stores, agricultural sales and service, feed and seed stores, garden centers, and landscape supplies. 23. Wholesale Uses. 24. Wireless Communication Facilities, subject to the provisions of Section 6.140: Wireless Communication Facilities. 25. Other uses determined by the Director to be similar to the above uses. B. Accessory Uses Permitted Outright. 1. Accessory dwellings, per the provisions of Section 6.030: Accessory Development. Must be accessory to an existing nonconforming single family residential use. 2. Accessory uses, buildings and structures, not otherwise prohibited and customarily incidental to the primary use, subject to the provisions of Section 6.030: Accessory Development. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (51 of 82)2/19/2008 5:21:36 AM Section 5 3. Bed and Breakfast and Vacation Rentals in allowed single family residential dwellings, subject to the provisions of Section 6.040: Bed and Breakfasts and Vacation Rentals. 4. Bus shelters, bike racks, street furniture, drinking fountains, and other pedestrian and transit amenities. 5. Family Day Care, as defined in Chapter 2 - Definitions. Must be accessory to an existing nonconforming single family residential use. 6. Home Business, subject to the provisions of Section 6.020: Home Businesses. Must be accessory to an allowed residential use. 7. Residential Care Home, as defined in Chapter 2 - Definitions. Must be accessory to a permitted residential use. 5.060.030 Conditional Uses The following Conditional Uses are allowed subject to review and approval, per the appropriate provisions of either Section 3.050: Conditional Use Permits or Section 3.060: Administrative Conditional Use Permits. A. Animal Kennels. B. Automobile body and painting shops. C. Community Facilities Sites, subject to the provisions of Section 5.100: Community Facilities Overlay District. D. Contractor shops, offices, and storage areas. E. Heavy Equipment Sales and service, on site only. F. Hospitals, convalescent centers, sanitariums, and similar institutions. G. Machine shops. H. Micro-breweries and wineries. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (52 of 82)2/19/2008 5:21:36 AM Section 5 I. Planned Development, subject to the provisions of Section 9.050: Planned Development. J. Public and private transportation depots and terminals (passengers and freight). K. Warehousing-retail only, storage, and distribution of equipment, commodities and products in an enclosed area, including mini-storage facilities. L. Wireless Communication Facilities, subject to the provisions of Section 6.140: Wireless Communication Facilities. M. Other uses determined by the Commission to be similar to the above uses. N. Adult Business. An application for an adult business shall also comply with the following criteria: 1. The adult business must be located more than 1000 feet from all of the following facilities, measured in a straight line from the closest edge of the property line on which the business is located to the closest edge of the property on which the facility is located: A. A public school. B. A public library. C. A public park or recreational facility, which has facilities such as a playground, swimming pool, baseball field, football field, soccer field, tennis court, basketball court, or volleyball court. 5.060.040 Development Standards CG General Commercial Standard Lot Size 10,000 sq. ft. minimum Lot Width, Depth No minimum, maximum http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (53 of 82)2/19/2008 5:21:36 AM Section 5 Setbacks Front Yard and Side Yard Rear Yard Setback None, except 10 ft. on corner lots and 15 ft. where borders a residential district 5 ft. minimum, 15 ft. minimum where borders a residential district Building Height 55 ft. maximum, except 40 ft. maximum within 100 ft. of a residential zone [13] Building Orientation New buildings shall be oriented primarily toward a street or designated accessway. Building orientation shall include an entrance Pedestrian Access All building entrances shall have a clear pedestrian connection to the street/sidewalk in accordance with Sub-section 5.060.050(C): Pedestrian Walkways Off Street Parking (Bicycles and Vehicles) See Chapter 7 - Parking Standards Landscaping See Section 6.010: Landscaping Standards Accessory Uses, Buildings and Structures See Section 6.030: Accessory Development Access Management See Section 6.050: Access Management 5.060.050 Design Standards A. Exterior Elevations. Exterior elevations of buildings shall incorporate architectural design features such as offsets, balconies, projections, base/wall/cornice design, windows, entries, bays, seating, wall articulation, traditional storefront elements, or similar elements to preclude large expanses of uninterrupted building surfaces. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (54 of 82)2/19/2008 5:21:36 AM Section 5 1. Horizontal. At least 3 architectural design features shall be incorporated along the horizontal face (side to side) of the structure. 2. Vertical. At least 2 architectural design features shall be incorporated along the vertical face (top to bottom) of the structure. B. Entries. 1. Commercial and Residential. Primary entries shall face a public street or designated access drive and shall be accessed from a public sidewalk, in accordance with the provisions of Subsection (C) below. Secondary entries may face parking lots or loading areas. Doors shall not swing into public rights-of-way. 2. Residential Only. Upper story residential uses are encouraged to have shared or individual entries on the first level only. Stairways to upper floors shall be adequately lighted, protected from wind, rain, sun and snow, and not openly visible from the street. C. Pedestrian Walkways. Each developed site shall include pedestrian walkway(s) designed to connect buildings and other accessible site facilities clearly and directly to adjacent public street/ sidewalk(s). Walkways shall meet City standards for sidewalk construction, and be the shortest practical distance between the main entry(ies) and the public right-of-ways. If adjacent to parking where vehicles overhang the walkway, then the walkway shall be to the City standard plus 2 ½ feet in width for each side vehicles overhang. Walkways shall be distinguished form internal driveways and accessways using at-grade distinctive paving materials or other appropriate surfaces which contrast visually with adjoining surfaces. Walkways, including driveway and accessway crossings, shall be constructed and maintained for pedestrian safety, and shall meet the requirements of the Oregon Americans With Disabilities Act, the State of Oregon Structural Specialty Code, and the Oregon Revised Statutes. 5.060.060 Exceptions To Standards A. Pedestrian Access. The following permitted and conditional uses may be exempted from the requirements for pedestrian access of this Ordinance (but may still be required to meet federal and state requirements) as follows: 1. Automobile sales lots, however the sales lots must still provide for access to the sales lot from the sidewalk. 2. Commercial card-lock fueling stations, where there are no mini markets on site. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (55 of 82)2/19/2008 5:21:36 AM Section 5 3. Heavy Equipment sales lots. 4. Service stations where there are no mini-markets on site. 5. Storage facilities and warehouses. 6. Wireless Communication Facilities. 7. Other uses which the Director determines to have no public pedestrian access needs. B. Parking. The following permitted and conditional uses may be exempted from the off-street parking requirements of this Ordinance: 1. Wireless Communication Facilities. 2. Uses which the Director determines have no employees on site and are not open to the public. Section 5.070 CLI - COMMERCIAL/LIGHT INDUSTRIAL DISTRICT Subsection Page 5.070.010 Purpose 5-75 5.070.020 Permitted Land Uses 5-75 5.070.030 Conditional Uses 5-77 http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (56 of 82)2/19/2008 5:21:36 AM Section 5 5.070.040 Development Standards 5-79 5.070.050 Design Standards 5-80 5.070.060 Exceptions To Standards 5-81 5.070.010 Purpose This district implements the CLI - Commercial/Light Industrial zone district as part of the Commercial Comprehensive Plan designation and is intended to provide an area for commercial uses and certain light industrial uses. New development shall be designed to promote clustering of businesses where appropriate, and use of common access and traffic controls. Where appropriate, safe and convenient pedestrian and bicycle circulation between the particular use and the adjoining street/sidewalk shall also be provided. 5.070.020 Permitted Uses A. Primary Uses Permitted Outright. The following primary uses shall be subject to the provisions of Section 3.030: Site Plan Review, and all other applicable requirements of this and other City Ordinances: 1. Agricultural Sales and Service, including feed and seed stores, nurseries, greenhouses, landscape supplies, and garden centers. 2. Animal Sales and Services (pet stores, grooming, kennels, veterinary). 3. Automobile and heavy/light equipment repair, sales and services, including rental agencies, detailing, service stations, body shops, auto painting, and machine shops, on site only except during community events. 4. Child Care Center, as defined in Chapter 2 - Definitions. 5. Contractor shops, offices, and storage areas. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (57 of 82)2/19/2008 5:21:36 AM Section 5 6. Engineering, research and development. 7. Food Services (including restaurants, cafeterias, bakeries, catering, and take-out operations). 8. Hotels and Motels. 9. Laundromats and Dry Cleaners, including industrial operations. 10. Light manufacture, assembly, and packaging of goods or products which can be performed with minimal adverse impact on, and poses no special hazard to, the environment and the community. 11. Liquor stores, taverns, lounges and bars. 12. Manufactured Home Sales, including demonstration units (not to be actual dwelling units). 13. Markets and Grocery Stores. 14. Medical and Dental Offices, Clinics, and Laboratories. 15. Personal Care Services such as barber shops and salons. 16. Printing and Publishing. 17. Professional and Administrative Offices and Services. 18. Public Parks and Open Space (excluding spectator and participant sports facilities, which shall be processed as Community Facilities Sites per the provisions Subsection 5.070.030: Conditional Uses below). 19. Public and Private Parking Lots, subject to the provisions of Chapter 7 - Parking Standards. 20. Public and private transportation depots and terminals, passengers and freight. 21. Recreation Facilities (commercial - indoor), including health and athletic clubs, bowling alleys, skating rinks, shooting ranges, movie theaters including http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (58 of 82)2/19/2008 5:21:36 AM Section 5 multi-plexes, and game rooms. 22. Residential dwelling for security and maintenance personnel, limit 1 dwelling per site. 23. Retail Uses, including shopping centers. 24. Wireless Communication Facilities, subject to the provisions of Section 6.140: Wireless Communication Facilities. 25. Warehousing, storage, and distribution of equipment, commodities and products in an enclosed area, including mini-storage facilities 26. Wholesale Uses. 27. Other uses determined by the Director to be similar to the above uses. B. Accessory Uses Permitted Outright. 1. Accessory dwellings, per the provisions of Section 6.030: Accessory Development. Must be accessory to an existing nonconforming single family residential use. 2. Accessory uses, buildings and structures, not otherwise prohibited and customarily incidental to the primary use, subject to the provisions of Section 6.030: Accessory Development. 3. Bed and Breakfast and Vacation Rentals in existing non-conforming residential dwellings, subject to the provisions of Section 6.040: Bed and Breakfasts and Vacation Rentals. 4. Bus shelters, bike racks, street furniture, drinking fountains, and other pedestrian and transit amenities. 5. Home Business, subject to the provisions of Section 6.020: Home Businesses. Must be accessory to an existing non-conforming residential use. 5.070.030 Conditional Uses The following Conditional Uses are allowed subject to review and approval, per the appropriate http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (59 of 82)2/19/2008 5:21:36 AM Section 5 provisions of either Section 3.050: Conditional Use Permits or Section 3.060: Administrative Conditional Use Permits: A. Community Facilities Sites, subject to the provisions of Section 5.100: Community Facilities Overlay District. B. Planned Development, subject to the provisions of Section 9.050: Planned Development. C. Recreational Vehicle Parks, subject to the provisions of Chapter 12 - Recreational Vehicle Parks. D. Wireless Communication Facilities, subject to the provisions of Section 6.140: Wireless Communication Facilities. E. Other uses determined by the Commission to be similar to the above uses. F. Adult Business. An application for an adult business shall also comply with the following criteria: 1. The adult business must be located more than 1000 feet from all of the following facilities, measured in a straight line from the closest edge of the property line on which the business is located to the closest edge of the property on which the facility is located: A. A public school. B. A public library. C. A public park or recreational facility, which has facilities such as a playground, swimming pool, baseball field, football field, soccer field, tennis court, basketball court, or volleyball court. 5.070.040 Development Standards CLI Commercial/Light Industrial Standard Lot Size 10,000 sq. ft. minimum http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (60 of 82)2/19/2008 5:21:36 AM Section 5 Lot Width, Depth No minimum/maximum Setbacks Front Yard and Side Yard Rear Yard None, except 10 feet on corner lots and 15 ft. where borders residential district 5 ft. minimum, 15 ft. minimum where borders a residential district Building Height 55 ft. maximum, except 40 ft. maximum within 100 ft. of a residential zone [14] Building Orientation New buildings shall be oriented primarily toward a street or designated accessway. Building orientation shall include an entrance Pedestrian Access All building entrances shall provide for a clear pedestrian connection to the street/sidewalk in accordance with Subsection 5.070.050(B): Pedestrian Walkways Off Street Parking (Bicycles and Vehicles) See Chapter 7 - Parking Requirements Landscaping See Section 6.010: Landscaping Standards Accessory Uses, Buildings and Structures See Section 6.030: Accessory Development Access Management See Section 6.050: Access Management 5.070.050 Design Standards A. Exterior Elevations. Exterior elevations of buildings shall incorporate architectural design features such as offsets, balconies, projections, base/wall/cornice design, windows, entries, bays, seating, wall articulation, traditional storefront elements, or similar elements to preclude large expanses of uninterrupted building surfaces. 1. Horizontal. At least 3 architectural design features shall be incorporated along the horizontal face (side to side) of the structure. 2. Vertical. At least 2 architectural design features shall be incorporated http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (61 of 82)2/19/2008 5:21:36 AM Section 5 along the vertical face (top to bottom) of the structure. B. Pedestrian Walkways. Where public sidewalks exist, or upon sidewalk development, each developed site shall include pedestrian walkway(s) designed to connect buildings and other accessible site facilities clearly and directly to adjacent public street/sidewalk(s). Walkways shall meet City standards for sidewalk construction, and be the shortest practical distance between the main entry(ies) and the public right-of-way . If adjacent to parking where vehicles overhang the walkway, then the walkway shall be to the City standard plus 2 ½ feet in width for each side vehicles overhang. Walkways shall be distinguished from internal driveways and accessways using at-grade distinctive paving materials or other appropriate surfaces which contrast visually with adjoining surfaces. Walkways, including driveway and accessway crossings, shall be constructed and maintained for pedestrian safety, and shall meet the requirements of the Oregon Americans With Disabilities Act, the State of Oregon Structural Specialties Code, and the Oregon Revised Statutes. C. Entries. Primary entries shall face a public street or designated access drive and shall be accessed from a public sidewalk, in accordance with the provisions of Subsection (B) above. Secondary entries may face parking lots or loading areas. Doors shall not swing into public rights-of-way. 5.070.060 Exceptions To Standards A. Pedestrian Access. The following permitted and conditional uses may be exempted from the requirements for pedestrian access of this Ordinance (but may still be required to meet federal and state requirements): 1. Automobile sales lots, however the sales lots must still provide for access to the sales lot from the sidewalk. 2. Commercial card-lock fueling stations where there are no mini markets on site. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (62 of 82)2/19/2008 5:21:36 AM Section 5 3. Heavy Equipment sales and service. 4. Service stations where there are no mini-markets on site. 5. Storage facilities and warehouses. 6. Wireless Communication Facilities. 7. Other uses which the Director determines to have no public pedestrian access needs. B. Parking. The following permitted and conditional uses may be exempted from the bicycle parking requirements of this Ordinance: 1. Wireless Communication Facilities. 2. Uses which the Director determines have no employees on site and are not open to the public. Section 5.080 CR - Recreational Commercial District Subsection Page 5.080.010 Purpose 5-85 5.080.020 Permitted Land Uses 5-85 5.080.030 Conditional Uses 5-86 5.080.040 Development Standards 5-87 5.080.050 Design Standards 5-88 5.080.050 Exceptions To Standards 5-88 http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (63 of 82)2/19/2008 5:21:36 AM Section 5 http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (64 of 82)2/19/2008 5:21:36 AM Section 5 5.080.010 Purpose This district implements the CR - Recreational Commercial Comprehensive Plan designation and is intended to provide areas for mixed business, commercial, service, recreational, and light industrial uses. Site planning for permitted uses shall insure protection and enhancement of the significant environmental areas located along the Columbia River and related streams and creeks. Streets, sidewalks, bikeways, and water, sewer, and storm drainage systems shall be constructed or improved as needed. 5.080.020 Permitted Uses http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (65 of 82)2/19/2008 5:21:36 AM Section 5 A. Primary Uses Permitted Outright. The following primary uses shall be processed per the provisions of Section 3.030: Site Plan Review: 1. Retail uses, excluding shopping centers. If over 15,000 square feet must get a conditional use permit. 2. Conference, Visitors, and Convention Centers. 3. Hotels, Motels, and Campgrounds. 4. Light Industrial (campus setting or compatible with commercial and recreational uses). 5. Recreational Facilities. 6. Residential dwellings above permitted commercial uses, including multi- family dwellings. 7. Restaurants. 8. Service and Administrative Offices. 9. Public and Private Parking Lots and Structures, in accordance with Chapter 7 - Parking Standards. 10. Public Parks and Open Space (excluding spectator and participant sports facilities, which shall be processed as Community Facilities Sites per the provisions Subsection 5.080.030: Conditional Uses below). 11. Recreational Vehicle Parks, in accordance with Chapter 12 - Recreational Vehicle Parks. 12. Wireless Communication Facilities, subject to the provisions of Section 6.140: Wireless Communication Facilities. 13. Other uses determined by the Director to be similar to the above uses. B. Accessory Uses Permitted Outright. 1. Accessory uses, buildings and structures not otherwise prohibited, customarily incidental to the primary use, subject to the provisions of Section 6.030: Accessory Development. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (66 of 82)2/19/2008 5:21:36 AM Section 5 2. Residential dwelling for security and/or caretaker and maintenance personnel, limit 1 dwelling per site. 5.080.030 Conditional Uses The following Conditional Uses are allowed subject to review and approval, per the provisions of either Section 3.050: Conditional Use Permits or Section 3.060: Administrative Conditional Use Permits. A. Child Care Center, as defined in Chapter 2 - Definitions. B. Community Facilities, subject to the provisions of Section 5.100: Community Facilities Overlay District. C. Wireless Communication Facilities, subject to the provisions of Section 6.140: Wireless Communication Facilities. D. Other uses determined by the Director to be similar to the above uses. E. Adult Business. An application for an adult business shall also comply with the following criteria: 1. The adult business must be located more than 1000 feet from all of the following facilities, measured in a straight line from the closest edge of the property line on which the business is located to the closest edge of the property on which the facility is located: A. A public school. B. A public library. C. A public park or recreational facility, which has facilities such as a playground, swimming pool, baseball field, football field, soccer field, tennis court, basketball court, or volleyball court. F. Planned Development, subject to the provisions of Section 9.050: Planned Development. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (67 of 82)2/19/2008 5:21:36 AM Section 5 5.080.040 Development Standards CR Recreational Commercial Standard Lot Size, Width, Depth No minimum Setbacks None, except 10 ft. where fronts, sides, or rears on a public Right of Way, and all development shall be set back 30 ft. or more from the Columbia River to accommodate the Riverfront Trail and associated amenities Building Height 40 ft. maximum Lot Coverage 60% of Lot Area maximum Pedestrian Access All building entrances shall have a clear pedestrian connection to the street/sidewalk in accordance with Subsection 5.080.050(A): Pedestrian Walkways Off Street Parking (Bicycles and Vehicles) See Chapter 7 - Parking Standards Landscaping See Section 6.010: Landscaping Standards Accessory Uses, Buildings and Structures See Section 6.030: Accessory Development Access Management See Section 6.050: Access Management 5.080.050 Design Standards A. Pedestrian Walkways. Each developed site shall include pedestrian walkway(s) designed to connect buildings and other accessible site facilities clearly and directly to http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (68 of 82)2/19/2008 5:21:36 AM Section 5 adjacent public street/sidewalk(s). Walkways shall meet City standards for sidewalk construction, and be the shortest practical distance between the main entry(ies) and the public right-of-way. If adjacent to parking where vehicles overhang the walkway, then the walkway shall be to the City standard plus 2 ½ feet in width for each side vehicles overhang. Walkways shall be distinguished form internal driveways and accessways using at-grade distinctive paving materials or other appropriate surfaces which contrast visually with adjoining surfaces. Walkways, including driveway and accessway crossings, shall be constructed and maintained for pedestrian safety, and shall meet the requirements of the Oregon Americans With Disabilities Act, the State of Oregon Structural Specialties Code, and the Oregon Revised Statutes. 5.080.060 Exceptions To Standards A. Setbacks. River dependent uses may utilize the 30 foot setback from the Columbia River. Examples of river dependent uses include boat ramps and launches, loading docks, and barge ways. B. Parking. The following permitted and conditional uses may be exempted from the off-street parking requirements of this Ordinance as follows: 1. Vehicles and Bicycles. a) Uses which the Director determines have no employees on site and are not open to the public. b) Wireless Communication Facilities. 2. Bicycles Only. a) Hotels, Motels, and Campgrounds. b) Recreational Vehicle Parks. Section 5.090 I - INDUSTRIAL DISTRICT http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (69 of 82)2/19/2008 5:21:36 AM Section 5 Subsection Page 5.090.010 Purpose 5-91 5.090.020 Permitted Land Uses 5-91 5.090.030 Conditional Uses 5-93 5.090.040 Development Standards 5-94 5.090.050 Pedestrian Walkways 5-94 5.090.060 Exceptions To Standards 5-95 5.090.070 Performance Standards 5-96 5.090.010 Purpose This district implements the I - Industrial Comprehensive Plan Designation and is intended to establish areas which provide for a variety of commercial and industrial uses. All uses in the Industrial Zone District shall comply with Federal and State health, safety, environmental, and pollution standards, and be designed to minimize conflict between industry and other land uses. 5.090.020 Permitted Uses A. Primary Uses Permitted Outright. The following primary uses shall be subject to the provisions of Section 3.030: Site Plan Review, and all other applicable requirements of this and other City Ordinances: 1. Circus or like activity (limited to 4 events per year per site). 2. Community Facilities Sites, subject to the provisions of Section 5.100: http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (70 of 82)2/19/2008 5:21:36 AM Section 5 Community Facilities Overlay District. 3. Feed, seed and fuel stores (excluding bulk storage of petroleum or gas, which shall be processed as a conditional use per Subsection 5.090.030: Conditional Uses below) located wholly within completely enclosed buildings. Packaged materials may be stored in an enclosed yard. 4. Food production and manufacturing. 5. Food Services (including restaurants, cafeterias, bakeries, catering, and take-out operations). 6. Heavy Equipment Sales and Service, on site only. 7. Laundry and cleaning service industries. 8. Manufacturing, fabricating, processing, repair, engineering, research and development, assembly, wholesale, transfer, distribution, and storage uses (except manufacture of explosives, the slaughter of animals, and the rendering of fats). 9. Printing and Publishing. 10. Public and Private Parking Lots. 11. Public and Private vehicle servicing and fueling stations. 12. Public Parks and Open Space (excluding spectator and participant sports facilities, which shall be processed as Community Facilities Sites per the provisions Subsection 5.090.030: Conditional Uses below). 13. Railroad yards and spurs, shipyards, and commercial docking facilities. 14. Rock, sand, and gravel cleaning, crushing, processing, and assaying. 15. Rodeo Grounds. 16. Storage and maintenance yards. 17. Transportation Facilities. 18. Truck stop facility, including incidental community uses, such as http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (71 of 82)2/19/2008 5:21:36 AM Section 5 restaurant, fuel, and shower facilities. 19. Veterinary services, kennels, and fish hatcheries. 20. Warehouses. 21. Wireless Communication Facilities, subject to the provisions of Section 6.140: Wireless Communication Facilities. 22. Other uses determined by the Director to be similar to the above uses. B. Accessory Uses Permitted Outright. 1. Accessory uses, buildings and structures, not otherwise prohibited and customarily incidental to the primary use, subject to the provisions of Section 6.030: Accessory Development. 2. Bus shelters, bike racks, street furniture, drinking fountains, and other pedestrian and transit amenities. 3. Residential dwelling for security and/or caretaker and maintenance personnel, limit 1 dwelling per site. 5.090.030 Conditional Uses The following Conditional Uses are allowed subject to review and approval, per the appropriate provisions of either Section 3.050: Conditional Use Permits or Section 3.060: Administrative Conditional Use Permits: A. Agriculture and Aqua-culture, excluding livestock and poultry operations. B. Bulk fuel stores (petroleum, methane, propane, and gasoline). C. Child Care Center, as defined in Chapter 2 - Definitions. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (72 of 82)2/19/2008 5:21:36 AM Section 5 D. Collection, packaging, storage and reprocessing of recyclable materials, so long as the market area is more than 50% from the local area. E. Junkyards and automotive wrecking yards enclosed within a view obscuring fence or wall. F. Recreation Facilities (Commercial - Outdoor), including golf courses and shooting ranges. G. Wireless Communication Facilities, subject to the provisions of Section 6.140: Wireless Communication Facilities. H. Other uses determined by the Director to be similar to the above uses. 5.090.040 Development Standards I Industrial Standard Lot Size 10,000 sq. ft. minimum Lot Width, Depth No minimum/maximum Setbacks All Yards No minimum except as follows: A. 25 ft. from Residential Zone or Community Facilities Overlay; B. 10 ft. from a public Right of Way; C. 30 ft from the Columbia River to accommodate the Riverfront Trail and associated amenities. Building Height 55 ft. maximum, except 40 ft. maximum within 100 ft. of a residential zone [15] Pedestrian Access Building entrances may be required to have a clear pedestrian connection to the street/sidewalk in accordance with Subsection 5.090.050: Pedestrian Walkways below Off Street Parking See Chapter 7 - Parking Standards http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (73 of 82)2/19/2008 5:21:36 AM Section 5 Landscaping See Section 6.010: Landscaping Standards Accessory Uses, Buildings and Structures See Section 6.030: Accessory Development Access Management See Section 6.050: Access Management 5.090.050 Pedestrian Walkways A. Applicability. Pedestrian walkways shall be provided in the I - Industrial zone district when both of the following occur: 1. An existing public sidewalk serves 1 or both sides of the street on which the use fronts. 2. The Oregon Americans With Disabilities Act requires an accessible connection between the use and the public right-of-way. B. Walkway Standards. Where required, each developed site shall include pedestrian walkway(s) designed to connect buildings and other accessible site facilities clearly and directly to adjacent public street/sidewalk(s). Walkways shall meet City standards for sidewalk construction, and be the shortest practical distance between the main entry(ies) and the public right-of-way. If adjacent to parking where vehicles overhang the walkway, then the walkway shall be to the City standard plus 2 ½ feet in width for each side vehicles overhang. Walkways shall be distinguished from internal driveways and accessways using at-grade distinctive paving materials or other appropriate surfaces which contrast visually with adjoining surfaces. Walkways, including driveway and accessway crossings, shall be constructed and maintained for pedestrian safety, and shall meet the requirements of the Oregon Americans With Disabilities Act, the State of Oregon Structural Specialties Code, and the Oregon Revised Statutes. 5.090.060 Exceptions To Standards A. Setbacks. River dependent uses may utilize the 30 foot setback from the Columbia River. Examples of river dependent uses include boat ramps and launches, loading docks, and barge ways. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (74 of 82)2/19/2008 5:21:36 AM Section 5 B. Parking. The following permitted and conditional uses may be exempted from the off-street parking requirements of this Ordinance as follows: 1. Vehicles and Bicycles. a) Uses which the Director determines have no employees on site and are not open to the public. b) Wireless Communication Facilities. 2. Bicycles Only. a) Recreational Vehicle Parks. 5.090.070 Performance Standards Each use, activity, or operation within this district shall comply with all applicable local, state, and federal standards and shall not create a nuisance beyond the zone district boundary because of odor, vibration, noise, dust, vector control, smoke or gas. Uses shall also prevent materials and debris that could collect and cause a nuisance to be windblown or migrate off-site. Section 5.100 CFO - Community Facilities Overlay District Subsection Page 5.100.010 Purpose 5-99 5.100.020 Allowed Uses 5-99 5.100.030 Review Procedures 5-100 http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (75 of 82)2/19/2008 5:21:36 AM Section 5 5.100.040 Development Standards 5-100 5.100.050 Master Plans 5-101 5.100.010 Purpose The purpose of the CFO - Community Facilities Overlay Zone is to provide areas around the City for public facilities and quasi-public institutional uses which serve a substantial public purpose. This overlay zone shall be applied to the underlying zone. 5.100.020 Allowed Uses The following uses and their accessory uses are allowed in the Community facilities Overlay Zone: A. Agricultural experimental facilities. B. Animal shelters. C. Churches and places of worship. D. Government public facilities. E. Historical Landmarks. F. Libraries, museums, and cultural exhibits. G. Lodges, Fraternal and Civic Assembly. H. The following public recreation facilities: parks, golf courses, gold driving ranges, swimming pools, tennis courts, zoos, marinas, docks, and other facilities. I. Medical Care facilities. J. Public Safety facilities. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (76 of 82)2/19/2008 5:21:36 AM Section 5 K. Public Utility facilities. L. Public and Private Schools and facilities. M. Special District facilities. N. Other uses determined by the Director to be similar to the above uses. 5.100.030 Review Procedures A. Review. Community Facilities shall be reviewed as conditional uses per the provisions of Section 3.050: Conditional Use Permits. B. Notification. Notification of a proposed community facility application shall be sent to all property owners whose property falls within 300 feet of the proposed community facility development site. C. Map Overlay. Approved Community Facilities sites shall be designated on the official zoning map with the CFO - Community Facilities Overlay. 5.100.040 Development Standards CFO Community Facilities Overlay Standard Lot Size, Width, Depth No minimum Setbacks No minimum, except that vision clearance on Corner Lots shall meet the requirements of Section 6.100: Vision Clearance Building Height Limited to the requirements of the underlying zone, except that the Commission may exempt certain structures from the height limitation as part of the conditional use review process http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (77 of 82)2/19/2008 5:21:36 AM Section 5 Off Street Parking (Bicycles and Vehicles) See Chapter 7 - Parking Standards Landscaping See Section 6.010: Landscaping Standards Access Management See Section 6.050: Access Management 5.100.050 Master Plans A. General. Applications for Community Facilities sites shall include a master plan and narrative for the entire site. The master plan may substitute for the concept site plan required by the conditional use review process, providing that the master plan includes all items required by the concept site plan, and indicates all existing and proposed uses, buildings, structures, and all easements and rights-of-way. B. Future Modifications. 1. Major Modifications to the approved master plan which alter the scope or character of the project shall require a new application for conditional use permit. 2. Minor Modifications to the approved master plan which do not alter the project’s scope or character shall be approved, approved with conditions, or denied by the Director per the provisions of Section 3.020.040: Administrative Actions. Section 5.110 P/OS Parks and Open Space District Subsection Page 5.110.010 Purpose 5-105 5.110.020 Allowed Uses 5-105 http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (78 of 82)2/19/2008 5:21:36 AM Section 5 5.110.030 Conditional Uses 5-105 5.110.040 5.110.050 Review Procedures Development Standards 5-106 5-106 5.110.010 Purpose This district implements the P/OS - Parks and Open Space Comprehensive Plan Designation and is intended to insure sufficient open areas throughout the community to safeguard public need for visual and environmental resources and to provide areas for recreational activities. Allowed uses show lower level activity and potentially less offsite impact than uses allowed conditionally. 5.110.020 Allowed Uses A. Public parks – day uses only. B. Playgrounds – day uses only. C. Wading pools – day uses only. D. Stream, creek, and river front greenways. E. Trails for biking, walking, and/or running, within a park or greenway area. F. Other uses determined by the Director to be similar to the above uses. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (79 of 82)2/19/2008 5:21:36 AM Section 5 5.110.030 Conditional Uses A. Ball fields. B. Swimming pools. C. Tennis courts. D. Golf facilities. E. Marinas. F. Docks for recreation. G. Zoos. H. Other active recreational facilities for sport participating and spectators. 5.110.040 Review Procedures A. Review. Where allowed as outright permitted uses, proposals for Parks and Open Spaces shall be processed per the provisions of Section 3.030: Site Plan Review. Where allowed as conditional uses, proposals for Parks and Open Spaces shall be processed as Community Facilities sites, per the Review Procedures and Development Standards Sections of Section 5.100: Community Facilities Overlay District. B. Zoning. When approved, Parks and Open Spaces shall be designated P/OS - Parks and Open space on the official zoning map. 5.110.050 Development Standards P/OS Parks and Open Spaces Standard Off Street Parking Parks without stadium or large structures for seating do not have to provide off street parking, otherwise, use parking standards in Section 7.060 Building Height Use standards for RL zone in 5.010.050 http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (80 of 82)2/19/2008 5:21:36 AM Section 5 Minimum Setbacks Use standards for RL zone in 5.010.050 Front Yard Use standards for RL zone in 5.010.050 Other Yards Use standards for RL zone in 5.010.050 [1] Prior to zoning approval of a building permit for zero lot line detached housing, applicant shall submit a recorded easement between the subject property and abutting lot next to the yard having the zero setback. This easement shall be sufficient to guarantee rights for maintenance purposes of structure and yard, but in no case shall the easement be less than five feet in width. 2. For all forms of detached zero lot line housing, prior to zoning approval of building permit, applicant shall submit a recorded easement between the subject property and abutting lot next to the yard having the zero setback. This easement shall be sufficient to guarantee rights for maintenance purposes of structure and yard, but in no case shall the easement be less than five feet in width. [3] Buildings greater than 35 feet in height are allowed only on lots that are located at least 100 feet from land zoned RL - Low Density Residential. [4] All forms of attached single family housing subject to the provisions of Section 3.030: Site Plan Review. For all forms of detached zero lot line housing, prior to zoning approval of building permit, applicant shall submit a recorded easement between the subject property and abutting lot next to the yard having the zero setback. This easement shall be sufficient to guarantee rights for maintenance purposes of the structure and yard, but in no case shall the easement be less than five feet in width. [5] Subject to the provisions of Section 3.030: Site Plan Review. [6] Subject to the provisions of Chapter 11 - Manufactured Dwelling Parks. [7] Buildings greater than 35 feet in height are allowed only on lots that are located at least 100 feet from land zoned RL - Low Density Residential. [8] All forms of attached single family housing subject to the provisions of Section 3.030: Site Plan Review. For all forms of detached zero lot line housing, prior to zoning approval of building permit, applicant shall submit a recorded easement between the subject property and abutting lot next to the yard having the zero setback. This easement shall be sufficient to guarantee rights for maintenance purposes of structure and yard, but in no case shall the easement http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (81 of 82)2/19/2008 5:21:36 AM Section 5 be less than five feet in width. [9] Subject to the provisions of Section 3.030: Site Plan Review. [10] Applicant may request up to 15 foot exception where outdoor seating for food service is proposed, subject to separate quasi-judicial approval of both the Historic Landmarks Commission and the Planning Commission. [11] Applicant may request up to 15 foot exception where outdoor seating for food service is proposed, subject to quasi-judicial approval of the Planning Commission. [12] Applicant may request up to 5 foot exception where outdoor seating for food service is proposed, subject to quasi-judicial approval of the Planning Commission. [13] The 40 ft. height limitation shall not apply where there is more than a 20 foot difference in elevation between the commercial lot and the residential zone district. [14] The 40 ft. height limitation shall not apply where there is more than a 20 foot difference in elevation between the commercial lot and the residential zone district. [15] The 40 ft. height limitation shall not apply where there is more than a 20 foot difference in elevation between the commercial lot and the residential zone district. http://www.ci.the-dalles.or.us/public_docs/ludo/LUDO%20July%202007/Chapter%205%20pt%201%202007.htm (82 of 82)2/19/2008 5:21:36 AM 8-1 Chapter 8 PHYSICAL AND ENVIRONMENTAL CONSTRAINTS Section Page 8.010 Purpose and Intent 8-3 8.020 Review Procedures 8-5 8.030 Flood Control Provisions 8-11 8.040 Geological Hazard Provisions 8-19 8.050 Erosion, Slope Failure, and Cuts and Fill 8-23 8.060 Flowage Easements 8-29 Chapter 8 — Physical and Environmental Constraints 8-2 Chapter 8 — Physical and Environmental Constraints 8-3 Section 8.010 PURPOSE AND INTENT The purpose of this Chapter is to provide for safe, orderly and beneficial development in areas characterized by one or more physical and/or environmental constraints. Physical and environmental constraints are considered to include, but are not limited to: slope of the land, erosive soils, natural drainage ways, flood ways and flood plains, areas of high-water table, US Army Corps of Engineers flowage easements, and geologic hazard areas. In accordance with the provisions of this Section, a Physical Constraints Permit shall be required for all development in areas identified as constrained. Section 8.010 — Purpose and Intent 8-4 Section 8.010 — Purpose and Intent 8-5 Section 8.020 REVIEW PROCEDURES Subsection Page 8.020.010 Permit Requirements 8-7 8.020.020 Greater Restrictions 8-7 8.020.030 Interpretation 8-8 8.020.040 Applications 8-8 8.020.050 Required Plans 8-8 8.020.060 Review Procedures 8-9 8.020.070 Review Criteria 8-9 8.020.080 Changes to Plans 8-10 8.020.090 Permit Denial 8-10 Section 8.020 — Review Procedures 8-6 Section 8.020 — Review Procedures 8-7 8.020.010 Permit Requirements A. Physical Constraints Permit A Physical Constraints Permit shall be required for all development: 1. In areas identified within the 100-year flood boundary on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps for the City of The Dalles. 2. In areas identified as natural drainage ways. 3. In areas designated A1 and A2 on The Dalles Landslide Hazard Study Map, Plate 3. 4. On slopes greater than 20% where utility extensions are required, and 25% in all other cases. 5. Which includes grading, filling, cutting, or other earth-moving activity involving more than 50 cubic yards of material on any lot or parcel of land or which includes areas of highly erosive soils. 6. In areas designated as flowage easements by the Army Corps of Engineers. 7. In areas where the ground water table is less than 10 feet below grade. B. Consolidation. Where the development is also subject to a Site Plan Review, Conditional Use Permit, Subdivision, Partition, Planned Development or other planning action, the Physical Constraints Permit shall be processed simultaneously with the planning action at no additional charge. Consolidated applications may submit one plan showing all information required by this Ordnance. 8.020.020 Greater Restrictions This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance and any other City Ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 8.020.030 Interpretation Section 8.020 — Review Procedures 8-8 In the interpretation and application of this Chapter, all provisions shall be considered as minimum requirements, liberally construed, and deemed neither to limit nor repeal any other powers granted under State statutes. 8.020.040 Applications In addition to the requirements of Section 3.010: Application Procedures, all applications for a Physical Constraints Permit shall be accompanied by at least 3 copies of a site plan. Site plan requirements are detailed below in Section 8.020.050. 8.020.050 Required Plans The following plans shall be required for any development requiring a physical constraints permit: A. Site Plan. A site plan clearly showing the following: 1. Project name. 2. Vicinity map. 3. Scale (the scale shall be at least one (1) inch equals fifty (50) feet or larger). 4. North arrow. 5. Date. 6. Street names and locations of all existing and proposed streets within or on the boundary of the proposed development. 7. Lot layout with dimensions for all lot lines. 8. Location and use of all proposed and existing buildings, fences and structures within the proposed development. Indicate which buildings are to remain and which are to be removed. 9. Location and size of all public utilities affected by the proposed development. 10. Location of drainage ways or public utility easements in and adjacent to the proposed development. Section 8.020 — Review Procedures 8-9 11. A topographic map(s) of the site at a contour interval of five (5) feet or less showing existing and proposed ground contours. 12. Location of all parking areas and spaces, ingress and egress on the site, and on-site circulation. 13. Locations of all existing natural features including, but not limited to, all trees of a caliper greater than 12 inches in diameter, natural drainage or creeks on the site, faults, and rock outcroppings. Indicate any contemplated modifications to a natural feature. 14. The proposed method of erosion control, water runoff control, and tree protection for the development. 15. Building envelopes for all existing and proposed new parcels. B. Additional Plans and Studies. The Director may waive any of the above site plan elements, or require additional plans and studies necessary to evaluate the application 8.020.060 Review Procedures A. Ministerial Actions. Applications for Physical Constraint Permits which are not part of a planning action shall be reviewed and decided by the Director per the provisions of Section 3.020.030: Ministerial Actions. B. Planning Actions. Physical Constraint Permits which are part of either an administrative or quasi-judicial planning action shall be reviewed and decided by the approving authority per the appropriate provisions of either Section 3.020.040: Administrative Actions or Section 3.020.050: Quasi-Judicial Actions. 8.020.070 Review Criteria Physical Constraint Permits shall be issued by the approving authority when the applicant has demonstrated the following: A. Hazards. The development will not cause damage or hazard to persons or property upon or adjacent to the area of development. Section 8.020 — Review Procedures 8-10 B. Mitigation. The applicant has considered the potential hazards that the development may create and implemented reasonable measures to mitigate the potential hazards caused by the development. C. Impact. The applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The approving authority shall consider the existing development of the surrounding area, and the maximum permitted development permitted by this Ordinance. D. Compliance. The development is in compliance with the requirements of this Chapter and all other applicable City Ordinances and State and Federal regulations. 8.020.080 Changes to Plans The approving authority has the power to amend plans to include one or both of the following conditions if it is deemed necessary to mitigate any potential negative impact caused by the development: A. Natural Features. Require the retention and/or addition of trees and other vegetation, rocks, ponds, water courses and other natural features. B. Plan Changes. Require plan revision or modification to mitigate possible negative or irreversible effects upon the topography or natural features that the proposed development may cause. 8.020.090 Permit Denial The approving authority may deny the Physical Constraint Permit if, in its opinion, one or more of the following is found to apply: A. The proposed development will have a detrimental effect on the lands regulated and protected by this Chapter. B. The proposed development is inconsistent with the Comprehensive Plan. C. Where it appears that the proposal is part of a more extensive development that would require a master site plan, or other planning action. In this case, approval is to be postponed until a complete planning application has been processed. Section 8.020 — Review Procedures 8-11 Section 8.030 FLOOD CONTROL PROVISIONS Subsection Page 8.030.010 Purpose 8-13 8.030.020 Applicability 8-13 8.030.030 Disclaimer of Liability 8-13 8.030.040 Permit Requirements 8-13 8.030.050 Interpretation of Flood Insurance Rate Map Boundaries 8-14 8.030.060 Flood Plain Development Standards 8-15 8.030.070 Floodway Standards 8-18 Section 8.030 — Flood Control Provisions 8-12 Section 8.030 — Flood Control Provisions 8-13 8.030.010 Purpose These flood control provisions are intended to reduce flood damage and loss of life in areas subject to periodic flooding. They are also intended to protect open, natural streams and drainage ways as an integral part of the City environment and to maintain both hydrological and biological functions of open drainage systems. This is important in order to manage storm water runoff and drainage, minimize maintenance costs, protect properties adjacent to drainage ways, improve water quality and protect riparian plant and animal habitats. 8.030.020 Applicability These provisions apply to areas in the 100-year flood plain as identified by the Federal Emergency Management Agency (FEMA) on the Flood Insurance Rate Maps (FIRMs) for the City of The Dalles. 8.030.030 Disclaimer of Liability The degree of flood protection required by this Section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Section shall not create liability on the part of the City of The Dalles, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. 8.030.040 Permit Requirements A Physical Constraints Permit shall be required for all structures and other development activities located in the flood plain or adjoining a natural drainage area, per the requirements of Section 8.020: Review Procedures. The following shall also be required as part of the Physical Constraints Permit: A. Additional Site Plan Requirements. 1. Location and description of proposed fill, retaining walls, materials storage, and drainage facilities. 2. Elevation of the lowest floor (including basement) of all new or substantially improved structures in relation to the National Geodetic Vertical Datum (NGVD). Section 8.030 — Flood Control Provisions 8-14 3. Elevation in relation to the NGVD to which any new or substantially improved structure has been or is proposed to be flood-proofed, per the criteria in Subsection 8.030.060 below. B. Other Requirements. 1. A description of the extent to which any watercourse will be altered or relocated as a result of the proposed development. 2. Certification by a licensed professional engineer or architect that the flood-proofing criteria of Subsection 8.030.060 below have been met. 3. Copies of all permits required from any governmental agency, together with a certification under penalties of perjury that all required permits have been obtained. 8.030.050 Interpretation of Flood Insurance Rate Map Boundaries When there appears to be a conflict between a mapped boundary and actual field conditions, the Director shall interpret the exact location of the boundaries of the flood plain. Where FEMA base flood elevation data is not available for flood hazard areas, the Director shall use other available data as a basis for applying standards in the flood plain and flood way. Section 8.030 — Flood Control Provisions 8-15 8.030.060 Flood Plain Development Standards Development within the flood plain (Zones A, AH, A1-A30, AE, and AO on the Flood Insurance Rate Maps), including residential and nonresidential structures and the public and private facilities serving these structures, shall be constructed so as to minimize damage from flooding. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. The following standards shall apply to all development within the flood plain: A. Anchoring. 1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. 2. All residential trailers/mobile and manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors as approved by the State Building Codes official. (Reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques.) B. Residential Development. 1. New construction and substantial improvement of any residential structure, including residential trailers/mobile homes and manufactured homes, shall have the lowest floor, including basement, elevated to a minimum of 1 foot above base flood elevation. 2. Accessory structures and fully enclosed non-habitable areas below the lowest floor that are subject to flooding are prohibited, unless designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement shall be certified by a licensed professional engineer or architect, and shall meet or exceed the following minimum criteria: a) A minimum of 2 openings having a total net area of not less than 1 square inch for every 1 square foot of enclosed area subject to flooding shall be provided. Section 8.030 — Flood Control Provisions 8-16 b) The bottom of all openings shall be no higher than 1 foot above grade. c) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of flood waters. 3. Structures placed on existing lots that have buildable land both inside and outside the flood plain shall be located outside the flood plain, unless 50% or more of the lot is within the flood plain. Where more than 50% of the existing lot is within the flood plain, structures may be located on that portion of the flood plain that is outside of the flood way and 3 feet or less below the flood elevations noted on the FEMA maps. Construction shall be subject to the requirements of Subsections (1) and (2) above. 4. Basements are subject to the following: a) Habitable basements are not permitted for new residential structures or additions located within the flood plain. b) Non-habitable basements, used for storage, parking, and similar uses are permitted for residential structures but must be flood-proofed to State and Federal standards and the standards in this Ordinance. C. Nonresidential Development. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated 1 foot above the level of the base flood elevation, or together with attendant utility and sanitary facilities, shall: 1. Be flood-proofed so that the structure is watertight 1 foot above the base flood level. 2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. 3. Be certified by a licensed professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications, and plans. 4. Nonresidential structures that are elevated, not flood proofed, must meet the same standards for space below the lowest floor as described in Subsection (B)(2) above. Section 8.030 — Flood Control Provisions 8-17 5. Applicants proposing to flood-proof nonresidential buildings shall be notified that the flood insurance premiums shall be based on rates for structures with a lowest floor that is 1 foot below the flood-proofed level. 6. No new habitable basements lower than two (2) feet below the base flood elevation shall be permitted on any existing or new non-residential structure. D. All Development. 1. All lots modified by lot line adjustments, or new lots created from lots which contain flood plain land must contain a building envelope on a buildable area of sufficient size to accommodate the uses permitted in the underling zone, unless the action is for open space or conservation purposes. This section shall apply even if the effect is to prohibit further division of lots that are larger than the minimum size permitted in the zoning ordinance. 2. Bulk storage of petroleum products, pesticides, or other hazardous or toxic chemicals is not permitted on flood plain lands. E. Fill. The amount of fill in the flood plain shall be kept to a minimum, shall be designed per the requirements of Section 8.050: Erosion, Slope Failure, and Cuts and Fill, and shall meet the following minimum standards. 1. The toe of the fill shall be kept at least 10 feet outside of the floodway channel. 2. US Army Corps of Engineers and Oregon Division of State Lands permit cut, fill and other activities displacing 50 or more cubic yards of material in any bed, bank, or water of the State of Oregon. 3. Fill and other material imported from off the lot that could displace floodwater shall be limited to the following: a) Poured concrete and other structural building materials necessary to build permitted structures on the lot. b) Aggregate base and paving materials. c) Plants and other landscaping material. d) A total of 50 cubic yards of other imported fill material, or 300 cubic yards for each acre. These amounts are the Section 8.030 — Flood Control Provisions 8-18 maximum cumulative fill that can be imported onto a site, regardless of the number of permits issued. 4. If any additional fill is necessary beyond the permitted amounts in Subsection (2) above, the material must be obtained from flood plain lands on the subject lot only to the extent necessary to create an elevated site for the permitted development 5. Adequate drainage shall be provided to ensure the stability of the fill. 6. Fill used to raise elevations for a building site shall be located as close as possible to the outside edge of flood plain. F. Streets and Utilities. 1. Local street and utility connections to developments in and adjacent to the flood plain shall be located outside the flood plain, except for crossing the flood plain by the shortest possible route. 2. All new and replacement water supply systems and sanitary sewer systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and/or discharge from the systems into floodwaters. 3. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. G. Fences. Fences constructed in the flood plain within 20 feet of the floodway shall be limited to wire or electric fencing (excluding wire mesh and chain link) or similar fence that will not collect debris or obstruct floodwaters. 8.030.070 Floodway Standards New construction, substantial improvements, and encroachments (including fill, excluding riprap and other channel linings) are prohibited within the floodway. The floodway is the portion of the flood plain where high volumes of moving water flow through stream or drainage ways as determined by the most recent data. Nonstructural development, such as parking lots, may be permitted within the floodway when a registered professional engineer certifies that encroachments will not result in any increase in flood levels and/or flood hazard during the occurrence of the base flood discharge. Section 8.030 — Flood Control Provisions 19 Section 8.040 GEOLOGICAL HAZARD PROVISIONS Subsection Page 8.040.010 Purpose 8-21 8.040.020 Applicability 8-21 8.040.030 Permit Requirements 8-21 8.040.040 As-Built Certification 8-21 Section 8.040 — Geological Hazard Provisions 20 Section 8.040 — Geological Hazard Provisions 21 8.040.010 Purpose This Section describes the permit requirements for lands proposed to be developed within the areas designated A1 and A2 on The Dalles Landslide Hazard Study Map (Plate 3). Land designated as A1 or A2 has been determined to be within a geographic area that has characteristics which make the ground potentially unstable. Any cut, fill, or construction on these sites may add to this potential instability. The requirements of this section are intended to reduce as much as possible the adverse effects of development for the owner and for other properties which may be affected by a ground movement. 8.040.020 Applicability The requirements of this Section shall apply to all new development including, but not limited to, streets, parking areas, buildings and other structures, and to additions and modifications to existing development which increases the development’s footprint by more than 300 square feet or 20%, whichever is less. 8.040.030 Permit Requirements A Physical Constraints Permit shall be required for new development and additions as described above in Section 8.040.020 for all proposed development activities located within the A1 and A2 hazard areas, per the requirements of Section 8.020: Review Procedures. The following shall also be required as part of the Physical Constraints Permit: A. Geologic Impact Statement. A site-specific geologic impact statement prepared by a qualified geotechnical engineer or geological consultant. If the size of a proposed development is increased, or the location of a proposed development is changed, a new impact statement may be required. B. Certification of Plans. A statement prepared by a qualified geotechnical engineer or geological consultant certifying that the development plans and specifications comply with the limitations imposed by the geologic impact statement, and that the proposed construction will not adversely affect the site and adjacent properties. 8.040.040 As-Built Certification Within 30 days after completion of the project, and before final acceptance of public improvements by the City Engineer, the applicant shall submit to the Director a statement prepared by a qualified geotechnical engineer or geological consultant Section 8.040 — Geological Hazard Provisions 22 certifying that the construction was completed in accordance with the plans and specifications as they relate to mitigation of the geologic impacts to the site and adjacent properties. Section 8.040 — Geological Hazard Provisions 23 Section 8.050 EROSION, SLOPE FAILURE, AND CUTS AND FILL Subsection Page 8.050.010 Purpose 8-25 8.050.020 Run Off Control 8-25 8.050.030 Erosion and Slope Failure 8-25 8.050.040 Cuts and Fill 8-26 Section 8.050 — Erosion, Slope Failure, and Fill 24 Section 8.050 — Erosion, Slope Failure, and Fill 25 8.050.010 Purpose This Section describes standards for control of runoff, and the permit requirements for control of erosion and slope failure, and for cuts and fills. 8.050.020 Runoff Control Any development which increases the natural runoff by decreasing the infiltration of the soil by any means shall conform to the following standards: A. Roof Drainage. All roof drainage, except 1 and 2 family residential, must be collected, controlled and directed either by underground pipe or concrete or asphalt gutter to a City street or storm drain or to a natural water course. The method of control and conveyance of storm water to the storm system shall be determined by the approving authority. B. Hard Surface Drainage. All drainage from driveways, parking areas and other impervious surfaces must be collected, controlled and directed to a City street or storm drain or natural water course by underground pipe or concrete or asphalt gutter or disposed of on site. The method of control and conveyance of storm water to the storm system shall be determined by the approving authority. C. Dry Wells. Connection to dry wells may be allowed for roof and hard surface drainage only with the approval of the City Engineer, where City storm system is not available within 300 feet, the ground water table is well below the proposed dry well during all seasons, and a non- remonstrance agreement for future street and storm sewer improvements is signed by the applicant and recorded with the deed. D. Alternative Storm Water Disposal Systems. Any alternative methods of storm water disposal not herein described, such as a bio-swale or leach field, must be approved by the City Engineer. 8.050.030 Erosion and Slope Failure All development on lands with highly erosive lands or slopes greater than 25% (4:1), and all development which removes vegetation or disturbs topsoil and leaves the disturbed soil at a slope of 50% (2:1) or more shall require a Physical Constraints Permit, per the provisions of Section 8.020: Review Procedures, and comply with the following standards: Section 8.050 — Erosion, Slope Failure, and Fill 26 A. Re-vegetation. Any exposed soil shall be revegetated in a manner to reestablish a complete vegetative cover within 1 year of time of planting. If irrigation is not provided, then the exposed soil must be planted with species which can survive without irrigation. B. Maintenance. Vegetative cover, rock, dry or conventional masonry, or other permanent cover must be maintained in perpetuity on areas which have been disturbed. C. Temporary Erosion Control. During construction, erosion control measures such as straw bales, sediment fences, etc., shall be incorporated into plans to control erosion from the site as needed. D. Exception. The above restrictions shall not apply to areas of exposed bedrock which exhibit no erosion potential. E. Utility Anchors. Concrete anchors shall be constructed when pipelines are installed at grades of 20% or greater, in accordance with City standards. 8.050.040 Cuts and Fill All cuts, grading or fills shall be designed in a manner that will be stable for the intended use, conform to the applicable requirements of the most current versions of the Uniform Building Code and the Oregon Structural Specialty Code, and meet the following requirements: A. Documentation. Prior to initiating any cut or fill in excess of 10 cubic yards, the applicant shall submit documentation showing the amount and location of each cut or fill. B. Permits. Any cuts and/or fills greater than 50 cubic yards shall require a Physical Constraints Permit, per the provisions of Section 8.020: Review Procedures. C. 250+ Cubic Yards. 1. Any cuts and/or fills greater than 250 cubic yards must be designed by a licensed professional engineer. 2. If the cut and/or fill is not a City street or a public right-of-way, a licensed professional engineer shall declare to the City, after the cut and/or fill is completed, that it was constructed to plans and meets all standards set forth in the approved plans. Section 8.050 — Erosion, Slope Failure, and Fill 27 D. Right to Inspect. Nothing in this section shall abridge the City's right to inspect work in progress or in its completed state, to make appropriate measurements and tests to determine if the cut and fill was made according to plan, and to require alterations prior to final approval of the cut and/or fill. E. Master Plans. Any development or partitioning which is proposed on Erosive and Slope Failure Lands must be shown on a master plan at the time the final plan or plat is filed. All development must comply with the master plan. Any improvements necessary for the implementation of the master plan (e.g., storm drains, gutters, etc.), must be constructed by the applicant prior to any development occurring on the parcels. E. Foundations. All structures in Erosive and Slope Failure Lands shall have foundations which have been designed by a geotechnical engineer. F. Building Envelopes. All newly created lots or lots modified by a lot line adjustment must include a buildable area of sufficient size to accommodate the uses permitted in the underlying zone, unless the division or lot line adjustment is for open space or conservation purposes. Section 8.050 — Erosion, Slope Failure, and Fill 28 Section 8.050 — Erosion, Slope Failure, and Fill 29 Section 8.060 FLOWAGE EASEMENTS Subsection Page 8.060.010 Purpose 8-31 8.060.020 Applicability 8-31 8.060.030 Permit Requirements 8-31 Section 8.060 — Flowage Easements 30 Section 8.060 — Flowage Easements Section 8.060 — Flowage Easements 31 8.060.010 Purpose The purpose of this Section is to ensure that development proposals for lands within the Army Corps of Engineers’ flowage easement for the Bonneville Lock and Dam Project are reviewed for consistency with the limitations imposed by this easement. 8.060.020 Applicability The review described in this Section applies to all lands and parcels noted on the Real Estate Segment Map No. 21 for the Bonneville Lock and Dam Project as having a recorded flowage easement. 8.060.030 Review Procedures A. Permit Requirements. A Physical Constraints permit shall be required for all structures and other development activities located in an Army Corps flowage easement, per the requirements of Section 8.020: Review Procedures. B. Review. The Director shall review the Constraints Permit to determine whether or not, and to what extent, any development may be allowed. The Director will then forward the Constraints Permit to the Corps for final approval. 11-1 Chapter 11 MANUFACTURED DWELLING PARKS Section Page 11.010 Purpose 11-3 11.020 Permitted Structures 11-3 11.030 Area Requirements 11-3 11.040 Setbacks 11-3 11.050 Park Perimeter Screening 11-4 11.060 Development Standards 11-6 11.070 Landscaping 11-8 Chapter 11 – Manufactured Dwelling Parks 11-2 Chapter 11 – Manufactured Dwelling Parks 11-3 11.010 Purpose The provisions in this Chapter are established to ensure a safe and healthful living environment for residents of manufactured dwelling parks and to ensure that a manufactured dwelling park can provide quality housing compatible with adjacent land uses. In addition, these provisions are intended to ensure compliance with State regulations governing review of manufactured dwelling park development. 11.020 Permitted Structures A. Manufactured and Mobile Homes. Manufactured Homes and Mobile Homes, as defined in Chapter 2 - Definitions. B. Accessory Structures. Accessory structures customarily incidental to the primary use in accordance with Section 6.030: Accessory Development. Accessory structures shall be subject to the Oregon Structural Specialty Code as appropriate. 11.030 Area Requirements A. Park Size. Manufactured Dwelling Parks, as defined in Chapter 2 - Definitions, shall be a minimum of 1 acre in size. B. Space Area. The minimum size for each space in a manufactured dwelling park is 2,500 square feet, provided that the overall density of the park does not exceed that allowed by the subject zone district. C. Space Dimensions. Per the requirements of ORS 446.100(c), each space shall be at least 30 feet wide and 40 feet long. 11.040 Setbacks A. Setback Between Park Structures and Abutting Properties. There shall be a minimum setback equal to the applicable side or rear yard setback specified by the zone district of the abutting property between abutting property and any dwelling or accessory park structure or a park road, but in no case shall the setback be less than 5 feet. B. Setback Between Park Structures and a Public Street Right-of-Way. There shall be an average 15 foot setback along the public street, with a minimum 10 foot setback. C. Setbacks and Separation for Structures within the Park. Chapter 11 – Manufactured Dwelling Parks 11-4 1. There shall be at least a 10 foot separation on all sides between dwellings. 2. Dwellings must be placed at least 14 feet apart where a flammable or combustible fuel storage vessel is located on or between units. 3. There shall be a minimum 10 foot separation between dwellings and park buildings. 4. There shall be a minimum distance of 5 feet between any structure and a park street or between any structure and a sidewalk intended for public use 5. Between accessory structures and between dwellings and accessory structures the following shall apply: a) An accessory building shall not be located closer than 6 feet to any dwelling or other accessory building on adjacent space, except that a double carport or garage may be built which serves 2 adjacent dwellings. b) When a double carport/garage is built to serve 2 adjacent dwellings, a minimum 3 foot separation shall be provided between the double carport/garage and any adjacent structure, dwelling, or dwelling accessory structure. As an alternative, a 1-hour fire separation may be provided through the center of the double carport serving adjacent dwellings. 11.050 Park Perimeter Screening Park perimeter screening shall meet the applicable requirements of Section 6.010.050: Screening (Fences, Hedges, Walls other than Retaining Walls, Berms), and the following provisions. Where the following provisions disagree with the requirements specified in Section 6.010.050: Screening, the following requirements shall prevail. A. Perimeter Screening Adjacent to Abutting Properties. A sight-obscuring fence, wall, evergreen hedge, or other suitable combination of screening/planting shall surround each manufactured dwelling park, except as specified in Subsection (B) below for lands adjacent to public streets, and shall meet the following requirements: 1. Perimeter screening shall not be placed in any required setbacks. Chapter 11 – Manufactured Dwelling Parks 11-5 2. Suitable landscaping shall be provided in the required setback areas, and shall be used to reinforce perimeter screening. 3. Walls or fences shall be 6 feet in height. Evergreen hedge plantings shall be at least 5 feet in height. 4. All plant material shall reach their required height within 2 years of planting, and be maintained in a healthy, living condition as long as the park is in operation. B. Perimeter Screening Adjacent to Public Streets. Applicants may chose one of the following options for screening adjacent to public streets: 1. A 6 foot high sight-obscuring screen shall be provided through the use of fencing and vegetation and/or an earthen berm and vegetation as follows: a) Fencing. Any fence shall have an average 15 foot setback from the public right-of-way and shall meet the requirements of Section 6.100: Vision Clearance. Fencing closer than 15 feet to the public right-of-way shall conform to the subject district's restrictions on front yard fencing. Long expanses of fence or wall along public streets shall be designed to prevent visual monotony through the use techniques such as offsets, landscaping, and changes in materials. b) Berms. Any earth sculpting shall be used in conjunction with plant materials and when combined the screen will be a height of 6 ft in 2 years. This combination is subject to the following standards: (1) The berm shall not have a slope over 40% (1:2.5) on the side away from the area screened from view. The slope for the other side (screened area) may vary. (2) At least one row of deciduous and/or evergreen shrubs spaced not more than 5 feet apart shall be planted on the berm. (3) Lawn, low growing evergreen shrubs, and evergreen ground cover shall cover the balance of the setback area. 11.060 Development Standards Chapter 11 – Manufactured Dwelling Parks 11-6 A. Laws and Regulations. All the requirements of federal, state and local laws and regulations shall be met. B. Hazards To Property and Occupants. The condition of soil, groundwater level, drainage, and topography shall not create hazards to the property or the health and safety of occupants. Park sites shall not be located in areas exposed to objectionable smoke, noise, odors, or other adverse influences. No portion of any park subject to unpredictable or sudden flooding, subsidence, or erosion shall be used for any purposes which would expose persons or property to hazards. C. Set-Up Requirements. The minimum set-up and stand requirements shall be those established for manufactured dwellings by the Oregon State Department of Commerce, Building Codes Division, at the time the home is placed. D. Parking and Accessways. 1. Access. a) Parks greater than 10 acres in size shall be located to have access to a collector or arterial street. b) Park access connections to public streets shall meet the requirements of Section 6.050: Access Management. c) At least 2 vehicular exits shall be provided in every park. Each exit shall be no closer than 75 feet (edge to edge) from any other exit. 2. Parking. Off-street parking facilities shall be provided on-site in accordance with Chapter 7 - Parking Standards. 3. Street Widths. Park streets shall be a minimum of 20 feet wide. Where on-street parking is permitted, streets shall be a minimum of 30 feet wide. 4. Street Standards. Streets shall be paved to standards adopted by the City Engineer. 5. Non-Through Streets. Non-through streets over 400 feet in length shall have a standard cul-de-sac bulb with a 38 foot curb-side radius, or hammer-head turn-around approved by the Fire Marshall and the City Engineer. Shorter dead end streets Chapter 11 – Manufactured Dwelling Parks 11-7 shall have a turn-around approved by the Fire Marshall and the City Engineer. 6. Walkways. Paved walkways, at least 5 feet wide and accessible to wheelchairs, shall be provided to connect park buildings to a park street or public street. In addition, a street sidewalk (or an equivalent pedestrian walking system) shall be provided to connect areas having more than 25 living units to the public sidewalk system. 7. Lighting. Private park roadways shall be lighted at intersections and pedestrian crossings. Fixtures shall not produce direct glare on adjacent properties. 8. Street Signs. Street identification signs shall be provided according to applicable City requirements if 50 or more manufactured dwelling spaces are provided. 9. Fire Access. Access for fire protection services shall permit fire apparatus to approach within 100 feet of each dwelling. In addition, each manufactured dwelling space shall have direct access to a street to permit emergency escape. This access shall be an unobstructed area not less than 12 feet wide. E. Public and Private Utilities. 1. Each manufactured dwelling park space shall be provided with water, sanitary sewer, storm drainage and street facilities, and electrical power, telecommunication, cable television and natural gas services in accordance with the requirements of Chapter 10: Improvements Required With Development. 2. All utilities shall be installed underground. F. Play Areas. A separate play area shall be provided in all manufactured dwelling parks that accommodate children under 14 years of age unless each manufactured dwelling space has a minimum size of 4,000 square feet. A required play area shall not be less than 2,500 square feet in area with no dimension less than 30 feet. There shall be at least 100 square feet of play area provided for each manufactured dwelling space occupied by children. G. Space Coverage. Not more than 60 percent of a manufactured dwelling space may be occupied by a dwelling and any other attached or detached structures used in conjunction with such dwelling. Chapter 11 – Manufactured Dwelling Parks 11-8 H. Decks. Each manufactured dwelling stand shall be provided with one or more, at least semi-private, outdoor living area(s) adjacent to the dwelling, constructed of concrete, asphalt, flagstone, wood, or other equivalent surface material totaling at least 120 square feet of area and not less than 8 feet wide in any dimension. I. Skirting. Each mobile home or manufactured home located in a manufactured dwelling park shall have continuous skirting that, in design, color, and texture, appears to be an integral part of the exterior walls or the foundation of the dwelling. J. Swimming Pools. Swimming pools shall be set back at least 50 feet from the nearest residential area, and meet all other state health and safety requirements. 11.070 Landscaping A landscape plan is required prior to signing a building permit application. This plan shall be drawn to scale showing the location of existing trees and vegetation proposed to be removed and to be retained on the site, the location and design of landscaped areas, the varieties and sizes of trees and plant materials to be planted on the site, contour lines indicating any earth sculpting to be used, and other pertinent landscape information. In addition, the following requirements shall apply: A. Plant Coverage and Maintenance. Required landscape areas shall be covered by living plant material capable of attaining 90 percent ground coverage within 3 years and shall be continuously maintained and irrigated with permanent facilities sufficient to maintain the plant material. B. Plantings in Perimeter Areas. In addition to the requirements specified in Section 11.060: Park Perimeter Screening, and in Section 6.010: Landscaping Standards, landscaping shall be used to provide screening of decks and storage areas from the public roadway. Plant masses shall also be established between perimeter dwellings in order to reduce negative visual effects of roads and vehicle storage areas located within the park. C. Plantings Along Park Streets. Chapter 11 – Manufactured Dwelling Parks 11-9 1. Street Trees. Street trees shall be provided in accordance with Section 6.010: Landscaping Standards. 2. Continuity. Similar street trees shall be repeated to provide continuity for street plantings. Repetition of landscape elements such as lighting fixtures, consistent fencing styles, or similar carports can complement this street tree pattern. Chapter 11 – Manufactured Dwelling Parks 11-10 Chapter 11 – Manufactured Dwelling Parks 12-1 Chapter 12 RECREATIONAL VEHICLE PARKS Section Page 12.010 Purpose 12-3 12.020 Development Standards 12-3 12.030 Landscaping 12-5 12.040 Park Maintenance and Storage 12-5 12.050 Length of Stay 12-6 Chapter 12 — Recreational Vehicle Parks 12-2 Chapter 12 — Recreational Vehicle Parks 12-3 12.010 Purpose The provisions in this Chapter are intended to ensure a safe and healthful living environment in Recreational Vehicle Parks, to protect the general public health, safety and welfare, and to describe the requirements for Recreational Vehicle Park development. 12.020 Development Standards A. Laws and Regulations. All the requirements of federal, state, and local laws and regulations shall be met. B. Hazards to Property and Occupants. The condition of soil, groundwater level, drainage, and topography shall not create hazards to the property or the health and safety of occupants. Park sites shall not be located in areas exposed to objectionable smoke, noise, odors, or other adverse influences. No portion of any park subject to unpredictable or sudden flooding, subsidence, or erosion shall be used for any purposes which would expose persons or property to hazards. C. Area Requirements. 1. Park Size. RV Parks shall be a minimum of 5 acres and a maximum of 15 acres in size. 2. Space Area. The minimum size for each space shall be 700 square feet and shall not include any common areas, roadways, general use structures, walkways, parking areas for vehicles other than RVs, or landscape areas. D. Setbacks. 1. There shall be an average 10 foot setback between the park and any public streets, but in no case shall the setback be less than 5 feet. 2. Side and rear setbacks shall be the same as, or greater, than the setbacks required by the zone district of abutting property(ies), but in no case shall the setback be less than 5 feet. Chapter 12 — Recreational Vehicle Parks 12-4 E. Street Widths. Park streets shall have a minimum 10 foot wide paved surface for one way travel, and a minimum 20 foot wide paved surface for two-way travel. Where on street parking will be allowed, add 8 feet of pavement width for each side of street where parking is proposed. Streets shall be paved with asphalt, concrete, or similar impervious surface and designed to permit easy access to each RV space. F. Access. 1. Access to an RV Park shall be from an arterial or collector street. 2. Park access connections to public streets shall meet the requirements of Section 6.050: Access Management. 3. At least 2 vehicular exists shall be provided in every park. Each exit shall be no closer than 75 feet (edge to edge) from any other exit. G. Screening. Except for the access roadway into the park, the park shall be screened on all sides abutting rights-of-way or neighboring properties per the provisions of Section 11.060: Park Perimeter Screening. H. Certificate of Sanitation. Evidence shall be provided prior to development approval that the park will be eligible for a certificate of sanitation as required by Oregon State law. I. Surfacing. All spaces for RVs shall be covered with crushed gravel or paved with asphalt, concrete or similar material and be designed to provide for the control of runoff or surface water. The part of the space which is not occupied by the RV, not intended as an accessway to the RV 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 or mud. J. Water, Sewer, and Electrical Service. All RV parks shall be provided with adequate stations throughout the park providing for piped potable water filling and sewage disposal. K. Trash Receptacles. Trash receptacles for the disposal of solid waste materials shall be provided in convenient locations throughout the park for the use of guests. The number and capacity of trash receptacles shall be sufficient to insure there is no uncovered accumulation of trash at any time in the park. Chapter 12 — Recreational Vehicle Parks 12-5 L. Non-Recreational Vehicle Parking Requirement. In addition to the number of parking spaces required for park administration, there shall be a minimum of .15 and a maximum of 1 parking spaces per RV space. Parking areas shall meet all of the requirements of Section 7.030: General Design Standards for Surface Parking Lots. M. Toilets, Lavatories, and Showers. The park shall provide toilets, lavatories, and showers for each gender. For every 15 RV spaces (or fraction thereof) there shall be 1 toilet, 1 urinal, 1 lavatory, and 1 shower for men, and 2 toilets, 1 lavatory and 1 shower for women. The toilets and the showers shall afford privacy and the showers shall be provided with private dressing areas. Facilities for each gender shall be located in separate buildings, or if in the same building, shall be separated by a soundproof wall. N. Utility Area. The park shall provide at least 1 utility building or room containing 1 clothes washing machine and 1 clothes drying machine for every 15 RV spaces. O. Standards for Buildings. The building spaces required by Subsections (M) and (N) above shall be lighted at all times of day and night, shall be ventilated, shall be provided with heating and cooling facilities, shall have floors of waterproof material, shall have sanitary ceiling, floor and wall surfaces, and shall be provided with floor drains adequate to permit easy cleaning. 12.030 Landscaping All areas not occupied by buildings, streets, and RV spaces shall be landscaped per the provisions of Section 6.010: Landscaping. A landscape plan is required prior to the City signing a building permit application. 12.040 Park Maintenance and Storage Each RV Park shall at all times keep a neat appearance. Except for the allowed vehicles, there shall be no outside storage of materials or equipment belonging to the park or to any of the guests. 12.050 Length of Stay Chapter 12 — Recreational Vehicle Parks Chapter 12 — Recreational Vehicle Parks 12-6 No recreational vehicle shall remain in the park for more than 30 days in any 60 day period. Ordinance No. 92-1153 The Dalles Area Sign Ordinance CHAPTER I: INTRODUCTORY PROVISIONS 1.030 PURPOSE 1.040 SCOPE 1.050 DEFINITIONS 1.030 PURPOSE. The purpose of this ordinance is to provide reasonable and necessary regulations for the erection and maintenance of signs in order to: (1) Promote free and meaningful exchange of ideas and information. (2) Protect the health, safety, property, and welfare of the public. (3) Improve the neat, clean, orderly, and attractive appearance of the City. (4) Improve the effectiveness of signs in identifying and advertising businesses and facilities. (5) Provide for the reasonable, orderly, and effective display of outdoor advertising. (6) Preserve, protect, and enhance the economic, scenic, historic, and aesthetic values and objectives of the City and its citizens. (7) Provide effective signing to meet the anticipated differing needs of various areas in the City. 1.040 SCOPE. The provisions of this ordinance apply to all lands within the Urban Growth Boundary of the City of The Dalles, from the date of adoption by the Wasco County Court in accordance with the City/County Joint Management Agreement. 1.050 DEFINITIONS. Words used in the present tense include the future, the singular number includes the plural, and word "shall" is mandatory and not directory, and the word "building" includes "structure" other than "sign structure". Types of signs are described under the term "sign" unless the context otherwise requires: (1) "Animation" means any form of movement by electric, mechanical, or kinetic means including, but not limited to rotation, revolving, or wind activation of all or a portion of a sign incorporating flashing or intermittent light for sign illumination or for changing the message on a message sign. (2) "Area" means the total area of a sign, including all decorative or structural trim, facing announcement, demonstration, display, illustration, or any other attention-getting device, exclusive of essential structural supports. (3) "Awning" means a roof-like structure that extends from a building face, generally frame constructed with a cloth or metal cover. An awning contains a sign when a message is incorporated by design or SIGN ORDINANCE NO. 92-1153 1 attached to the awning surface. (4) "Building Front" means the primary front of a building as viewed from the public street to which it is orientated. The area of a building front is calculated as the height multiplied by the width of the primary front. (5) "Business" means all of the activities carried on by the same legal entity on the same premises and shall include, but not be limited to charitable, fraternal, benevolent, educational, and social organizations. (6) "Canopy" means a permanent-roofed structure which may be free- standing or partially attached to a building for the purpose of providing shelter to pedestrians or patrons in automobiles but shall not mean a completely closed structure. (7) "City" means the City of The Dalles, Oregon. (8) "Cutout" means a display in the form of letters, figures, characters, representations, or others in cutout or irregular form attached to or super-imposed upon an advertising sign. (9) "Display Surface" means the area made available by the sign structure for the purpose of displaying a message thereon. (10) "Erect" means to construct, paint, place, affix, or otherwise bring into being. (11) "Electronic Reader Board" means a sign designed to display electronic messages that move, flash, or scroll, the content of which may be changed. (12) "Street Frontage" means a lot line fronting on a street or highway. The width along such lot line must be at least 50 feet to qualify as a "street frontage", unless the premises has only one such frontage. Access to a street or highway is not required to establish a "street frontage" on a lot line fronting on a limited-access highway. (13) "Highway" means all state highways, including Interstate, Federal Aid Primary, Federal Aid Secondary, and other state highways. See ORS 366.010 defining "highway". (14) "Incombustible Material" means a material that will not ignite at or below a temperature of 1200 degrees F. during an exposure of five minutes and which will not continue to burn or glow at that temperature when tested in accordance with the UBC. (15) "Low profile building" means a building with a roof less than twelve feet above the sidewalk. (16) "Maintain" means to allow to exist or continue. (17) "Marquee" means a permanent roofed structure attached to or supported by a building but does not mean a "canopy" as defined herein. (18) "Nonstructural Trim" means a molding, batten, caps, nailing strip or stringer, lattice, cutout, letter or walkway attached to a sign structure. SIGN ORDINANCE NO. 92-1153 2 (19) "Person" means an individual, corporation, partnership, association, joint venture, or other legal entity. (20) "Approved Plastic" means a plastic approved by Underwriters Laboratory for use in construction of electric signs. (21) "Projection" means the distance which a projecting sign extends from a building face or the distance by which any other type of sign extends over public property. (22) "Roof Line" means the line which marks the highest point of the vertical front of a building in the case of a false front or the line where the roof is joined to the vertical front wall of the building in other cases. (23) "Sign" means any sign, display, message, light (other than lighting designed primarily for the illumination of premises), emblem, device, figure, mannequin, painting, drawing, placard, poster, or other thing that is designed, used, or intended for an advertising purpose and includes, where applicable, the sign structure, display surface and all components of the sign. "Sign" includes, but is not limited to: (a) "Advertising sign" means a sign which advertises goods, products, business or services which are not sold, manufactured or distributed on or from the premises or facilities on which the sign is located. (b) "Building directory" means a sign giving the name and room number or location of the occupants of a building. (c) "Directional sign" means an on-premise sign designed to be read by a person already on the premises and used only to identify and locate an office, entrance, exits, motor vehicle route, telephone, or similar place, service or route. (d) "Motor vehicle directional sign" means a sign identifying motor vehicle entrances or exits to or from the premises on which the sign is located. (e) "Electric sign" means a sign containing electrical wiring. (f) "Flush sign" means a sign erected on the face of a building, marquee, canopy, or roof overhang in a place parallel to such face and not extending more than 12 inches therefrom. A "flush sign" also includes a sign erected against supporting or ornamental columns supporting an overhanging roof in a place generally parallel to the nearest building face. An "attached flush sign" is a flush sign which does not extend beyond the corners of a building and is located under the eaves. (g) "Free-standing sign" means an on-premise sign supported by one or more uprights or braces in the ground and detached from any building or structure. (h) "Message sign" means a sign providing information by means of sequential illumination of lights contained in or upon the sign. SIGN ORDINANCE NO. 92-1153 3 (i) "Nonconforming sign" means a sign which does not conform to the provisions of this ordinance. (j) "On-premise sign" means a sign which advertises only the business or the goods, products, or facilities located on the premises on which the sign is located or the sale, rent, or lease of the premises. (k) "Principal sign" means the primary permanent on-premise sign designed to identify or advertise a business or facility to motorists or pedestrians approaching the business or facility. (l) "Projecting sign" means a sign other than a flush sign which projects beyond the building face to which it is attached. (m) "Roof sign" means a sign erected upon the roof of a building, roof structure, or a flat canopy or marquee roof. (n) "Secondary sign" means a free-standing sign on the premises where the building is set back from the front property line, as hereinafter specified. (o) "Secondary marquee sign" means a marquee sign located only on an alley and under a canopy or flush to the building. (p) "Secondary wall sign" means an incidental, permanent, on- premise flush sign. (q) "Temporary sign" means a sign, banner, balloon, pennant, valance, or advertising display constructed principally of cloth, paper, cardboard, plywood, wood, wallboard, plastic, sheet metal, or similar light weight materials with or without a frame and which is not permanently affixed to any sign structure, sign tower, pole or building. Except for a balloon, banner, pennant or valance constructed of cloth, flexible light weight plastic, paper or cardboard, temporary signs shall be limited to signs displayed five feet or less above ground level. (r) "Under marquee sign" means a sign erected under and supported by a marquee or canopy. (24) "Shopping Center" means a building or group of buildings planned and developed as a center on land with two or more retail business occupancies existing or planned. A "shopping center" shall not include a business which fronts on an arterial or collector street and which has a marked segregated parking or use area separate from the shopping center parking. Two or more businesses not otherwise qualified may voluntarily join to form a "shopping center" by executing a form provided by the Building or Zoning Official including written consent of the owner or owners of the premises, including a provision for removal of nonconforming signs if the "shopping center" is discontinued. (25) "Uniform Building Code" means the Uniform Building Code published by the International Conference of Building Officials as adopted by the City, a copy of which is on file for inspection in the office of the City Clerk and which is referred to as "UBC" in this ordinance. SIGN ORDINANCE NO. 92-1153 4 (26) "Urban Growth Boundary" means the boundary established as the outer limit for urban growth, as acknowledged by the Oregon Land Conservation and Development Commission. (27) "Zone" means a zone established pursuant to the City Zoning Ordinance. CHAPTER II: GENERAL PROVISIONS AND PROCEDURES 2.010 SIGN PERMIT 2.015 PERMIT FEE 2.020 PERMIT EXCEPTIONS 2.030 SIGN COMPANY LICENSE 2.040 PERMIT PROCEDURE 2.050 MEASUREMENT 2.010 SIGN PERMIT. No sign shall hereafter be erected, re-erected, constructed, altered or maintained until a sign permit has been issued, unless no permit is required under Section 2.020. Where a group of signs is to be erected on the same building at the same time, each sign requires a separate permit. The application procedure is set forth in Section 2.040. 2.015 PERMIT FEE. Before a sign permit is issued, a permit fee therefore shall be paid to the City. (1) The City Council may, at any time, adopt a resolution to set or adjust sign permit fees. 2.020 PERMIT EXCEPTIONS. A sign permit shall not be required for routine maintenance, such as repainting and repair of existing signs. Exceptions are also made for exempt signs listed in Section 3.010. However, a permit is required for a change of business name or any structural alteration to an existing sign. 2.030 SIGN COMPANY LICENSE. (1) No person shall engage in the business of selling, hanging, rehanging, placing, constructing, painting, or repairing any sign structure for which a permit is required without first having obtained an annual sign license from the City Clerk; the Clerk may require the filing of data pertinent to compliance with this ordinance. Persons installing, repairing, or repainting their own sign for which no structural or electrical building permit is required are also excluded. (2) The application shall be accompanied by a certificate of insurance or other acceptable proof of insurance effective for the term of the license in the amount of $100,000 property damage including completed operations and broad form property damage coverage, and with policy limit amounts of $250,000 - $500,000 public liability person injury coverage. (3) The fee for a new license or a license renewal shall be set by resolution of the City Council. A license shall expire on SIGN ORDINANCE NO. 92-1153 5 December 31 of each year and may be renewed upon application and payment of the required fee. A license renewal shall be for a period of one year or portion thereof. However, if the Building or Zoning Official or the Planning Commission finds that any licensee has failed to comply with the provisions of this ordinance or has been guilty of material fraud or misrepresentation while engaged in licensed activities under this ordinance, he or the Commission shall notify the City Council prior to the expiration of such person's license. The City Council may, after a public hearing at which all interested person have an opportunity to appear and offer oral, written, or documentary evidence, refuse to renew the license of such person upon a finding of grounds under this subsection. Both reasonable notice of the City Council hearing and a written finding of the City Council shall be mailed by certified mail to the last known address of the licensee. 2.040 PERMIT PROCEDURE (1) Installer shall consult with the Zoning Official and where appropriate will be provided with a sign permit application. (2) The completed application shall be submitted with the appropriate fee and drawings to indicate the dimension, location, and height of all existing and proposed signs for the subject business. (3) Electric signs shall require notations to indicate capacity, power consumption, and shall bear U.L. approval labels. A permit for an electric sign will not be issued until an Oregon State Building Codes electrical permit is presented to the Zoning Official. (4) The Zoning Official may require additional information, such as photographs, needed to determine whether the proposal meets the requirements of this ordinance. (5) Proof that the installer holds a current sign company license shall be presented when required. (6) The Zoning Official will determine when the application is complete. The permit will be approved or denied within fifteen (15) days from the submittal date, unless referred to a City Commission as herein provided. Variances and appeals will be processed as set forth in Section 7.050. (7) When approved, a permit shall be issued by the Building or Zoning Official with the name of the sign erector thereon. The sign erector shall retain the permit for inspection during construction. 2.050 MEASUREMENT. All signs shall be measured to include the entire sign area as follows. The area of a sign composed of individual block letters and/or individual decorative devices, displays, illustration, etc. or other attention-getting device, shall be the area included between two sets of horizontal and vertical lines as follows: A. The horizontal line shall be contiguous to the top and bottom edges of the farthest projecting elements; and B. The vertical line shall be contiguous to the furthermost projecting SIGN ORDINANCE NO. 92-1153 6 lateral elements. C. Single signs with display faces on two sides shall be measured on one face only. CHAPTER III: EXEMPT, TEMPORARY, AND PROHIBITED SIGNS 3.010 EXEMPT AND TEMPORARY SIGNS 3.020 PROHIBITED SIGNS 3.010 EXEMPT AND TEMPORARY SIGNS. Unless determined by the Building or Zoning Official to be a hazard to motorists, pedestrians, or property, the following signs are exempt from the permit process, but shall comply with the safe erection and maintenance standards of Chapter VI, and with all specified standards of this Section. (1) Official sign, traffic sign, or traffic signal including, but not limited to, a sign identifying a public building or use or erected by a public officer performing an official duty under law, court, or administrative officer. (2) Directional sign erected by public authority. (3) Warning sign erected to warn the public of a danger on, or limiting access to public and private property, limited to a maximum width dimension of two feet, sign area of four square feet, and maximum height of six feet. (4) Permanent building identification limited to 24 square feet in a sign area and prohibited in residential zones. (5) House or building numbers limited to six inches in height for dwellings of four or less families and one foot in height for other buildings. (6) Name sign denoting the name of the owner or occupant, limited to two square feet in sign area. (7) Temporary political campaign signs shall be erected only on private property, and: limited to a sign area of 16 square feet and a maximum horizontal dimension of eight feet; placed 10 feet inside property lines when located within 10 feet of intersecting street or alley property lines; maintained in a neat, clean, and attractive condition. Signs may be erected during the campaign for a period of 60 days prior to the election in which candidates or issues are to be voted upon. Such temporary signs shall be SIGN ORDINANCE NO. 92-1153 7 removed not later than the fifth day following the election. (8) Temporary nonprofit signs identifying or advertising a nonprofit civic, charitable, or benevolent event complying with the same requirements as temporary signs to be used for promotional purposes. (9) Flags of United States, State of Oregon, United States or State of Oregon Military Service, foreign countries, United Nations, or civic, fraternal, veterans, or charitable organizations. (10) Christmas or seasonal decorations as customarily used. (11) Street banners approved by the City Manager advertising a public entertainment or event and conditioned upon safe erection and maintenance and such conditions as the City Manager may attach including, but not limited to, insurance and bonding. (12) Signs located inside a building unless such sign is prohibited under Section 3.020. (13) Benches with advertising thereon if approved by the Planning Commission. (14) Non-illuminated directional and motor vehicle directional signs painted on paving or otherwise limited to a maximum height of four (4) feet and a sign area of eight (8) square feet, and prohibited in residential zones. (15) Temporary for Sale Signs. A temporary "For Sale" sign not exceeding 6 square feet in area with a maximum height of 4 feet, may be erected upon private property, provided that it advertises the sale, lease, or rental of the property upon which it is erected. One additional "For Sale" or "Open House" sign limited to the same size. (16) Temporary Subdivision Signs. A temporary subdivision sign may be erected upon a tract of land designated as a subdivision advertising sale of the tract or lots in the tract. Such sign shall not exceed 42 square feet in area. The sign shall be reduced in size by 6 square feet for each lot less than 7 lots in the subdivision. (17) Temporary Signs to be Used for Promotional Purposes. Temporary signs may be used for promotional purposes, but only on private property and subject to the following: (a) Temporary signs may be erected for a period not to exceed two weeks before the event advertised. (b) No more than one "sandwich board" or "A frame" a maximum of 5 feet above ground level shall be allowed for each premises. (c) A balloon, banner, pennant or valance constructed of cloth, flexible light weight plastic, paper or cardboard will be permitted for a period of seven (7) consecutive days in any month and then removed for a minimum of twenty-two (22) days or the remainder of the month. (18) Permanent Political, Ideological, Religious Signs which convey a SIGN ORDINANCE NO. 92-1153 8 message but which do not advertise a product or service for sale, provided such signs shall be subject to all ordinances and regulations concerning size, placement, materials, and the type and soundness of supporting structure. (19) Murals which are mounted or painted upon an existing building or structure and which do not advertise a product or service for sale. (20) Historic Landmark signs that are erected by the City or the owner of a historic building or placed in accordance with an official historic designation. (21) Community Interests may be identified by the City on a temporary or permanent basis. Such signs may promote, but are not limited to the promotion of: community events, public parks, and points of interest that serve a substantial public purpose. (22) Garage Sale Signs. These signs are allowed, one to a premise, with a maximum of three square feet in area. (23) Building Directory Signs. Building directory signs are permitted in shopping centers and multi-tenant buildings. 3.020 PROHIBITED SIGNS. No sign shall be erected or maintained which: (1) Bears or contains statements, words or pictures of an obscene, indecent, or immoral character, such as will offend the public morals or decency. (2) Extends or is erected, (such as a roof sign) above the roof line of the building to which it is attached, except as provided in Section 5.060. (3) The Building or Zoning Official determines to be in violation of ORS 483.138, which applies to signs creating confusion with or interfering with the effectiveness of traffic signs or signals. (4) Is placed on, affixed to, or painted on a motor vehicle, vehicle, or trailer and placed on public or private property for the primary purpose of providing a sign not otherwise permitted by this ordinance. (5) Is a private sign placed on, painted on, or affixed to any utility pole, tree, or rock. (6) Is located in an area of the City zoned residential, except for those signs designated in Sections 3.010, 4.010 and 4.040. (7) By use of lights or illumination, creates an unduly distracting or hazardous condition to a motorist or pedestrian. No exposed reflective-type bulb, spot, or incandescent lamp shall exceed 30 watt capacity. (8) Is otherwise in violation of any provision of this ordinance. SIGN ORDINANCE NO. 92-1153 9 CHAPTER IV: SIGNS PERMITTED BY ZONE, DISTRICT, AND USE 4.010 RESIDENTIAL 4.020 NEIGHBORHOOD COMMERCIAL 4.030 RECREATIONAL COMMERCIAL 4.040 COMMUNITY FACILITIES OVERLAY 4.050 CENTRAL BUSINESS 4.060 GENERAL COMMERCIAL 4.070 INDUSTRIAL 4.080 HIGHWAY DISTRICT 4.090 SHOPPING CENTERS 4.010 SIGNS IN RESIDENTIAL ZONES. These areas are not zoned for commercial use, but are permitted the following non-animated, non-illuminated signs. (1) One (2) two square foot flush sign for homes with approved home occupation permits. (2) Community Facility signs permitted by Section 4.040. (3) Multi-family housing complexes with at least four dwellings are allowed a flush or a free-standing sign no more than eight feet above grade, as follows. Number of dwelling units Sign area 4 to 8 12 square feet 9 to 15 24 square feet 16 to 24 32 square feet 25 or more 48 square feet 4.020 SIGNS IN NEIGHBORHOOD COMMERCIAL ZONES. These areas are zoned for limited commercial use and are surrounded by residential neighborhoods, and are permitted the following signs. (1) Flush signs only, equal to twenty-five percent of the building front. 2) A secondary sign if the building is set back at least 20 feet from SIGN ORDINANCE NO. 92-1153 10 the property line, a maximum 32 square feet of sign area not to exceed 8 feet in height above street grade. 4.030 SIGNS IN RECREATIONAL COMMERCIAL ZONES. These areas are zoned for limited recreational and commercial uses, and are permitted the following signs. (1) The same signs as allowed in the Neighborhood Commercial Zone, Section 4.020; and (2) A free-standing principal sign for non-advertising community uses, such as a park sign, with a 48 square foot limit, not to exceed 8 feet above grade. 4.040 SIGNS IN COMMUNITY FACILITIES OVERLAY ZONES. These areas are zoned for community facility uses as an overlay to the primary (residential, commercial, etc.) underlying zone. Signs for the purpose of identification of a public or private facility which serves a substantial public purpose, including, but not limited to, churches, schools, hospitals, medical offices, clinics, radio/television stations and utility substations are permitted as follows: (1) One flush or free-standing sign not to exceed 48 square feet in area. The top of a free-standing sign shall not to exceed 8 feet above grade. 4.050 SIGNS IN CENTRAL BUSINESS ZONES. These areas are zoned for a variety of retail and service business uses, and are allowed the following signs. (1) One principal sign, either flush, projecting, or free-standing. If projecting or free-standing, limited to one square foot for each linear front foot of the major street frontage of the property with a maximum of 100 square feet, and subject to the requirements of Section 5.030. (2) A secondary sign if the building is setback over 20 feet from the property line, a maximum of 35 square feet of sign area not to exceed 20 feet in height above street grade. 4.060 SIGNS IN GENERAL COMMERCIAL ZONES. These areas are zoned for a variety of retail, wholesale, and service business uses, and are allowed the following signs. (1) The same principal signs as allowed in the Central Business Zone, Section 4.050. (2) A secondary sign if the building setback is 50 feet, a maximum of 50 square feet of sign area not to exceed 20 feet in height above street grade. 4.070 SIGNS IN LIGHT AND HEAVY INDUSTRIAL AND MANUFACTURING ZONES. These areas are zoned for a variety of industrial, manufacturing, and limited commercial and residential uses. The following signs are allowed. (1) The same principal signs as allowed in the Central Business Zone, Section 4.050. (2)A secondary sign if the building setback is 50 feet, a maximum of 50 square feet of sign area not to exceed 20 feet in height above street grade. 4.080 SIGNS IN THE HIGHWAY DISTRICT. This district was formed to allow greater visibility of signs proximate to primary and secondary highways. For the purposes of this ordinance the Highway District is described as follows: All land within 100 feet of each right of way line of U.S. Highway I-84N SIGN ORDINANCE NO. 92-1153 11 from the West Urban Growth Boundary (UGB) to the East UGB, and Oregon State Highway No. 292 (West Second Street) from its intersection with Weber Street, westerly to the UGB. The following signs are allowed in the Highway District. (1) The same principal signs as allowed in the Central Business Zone, Section 4.050, except that a free-standing sign may have a maximum area of 250 square feet, given one (1) square foot of sign area per linear foot of major street frontage. (2) A secondary sign if the building is set back at least 50 feet from the property line, a maximum of 50 square feet of sign area with a maximum height of 20 feet above grade. 4.090 SIGNS FOR SHOPPING CENTERS IN APPROPRIATE ZONES. Retail shopping centers are generally located in the Central Business and General Commercial Zones, and are allowed the following signs. (1) Each tenant is allowed flush signs at a maximum of twenty-five percent of the building front. Only one free-standing sign permitted for the center, with the same area and height allowances provided for in the Highway District (250 square foot area and 40 foot height maximum). CHAPTER V: REGULATIONS BY SIGN TYPE 5.010 PRINCIPAL SIGN 5.090 SERVICE STATION 5.020 SECONDARY SIGN 5.100 MENU BOARD 5.030 FREE-STANDING AND PROJECTING 5.110 ON-PREMISE 5.040 FLUSH 5.120 SECOND FRONTAGE 5.050 MESSAGE 5.130 ELECTRIC 5.060 ROOF 5.140 ANIMATED 5.070 SECONDARY MARQUEE 5.150 OFF-PREMISE 5.080 HOME OCCUPATION 5.010 PRINCIPAL SIGN. A principal sign is limited to a combination, free- standi ng, flush, or projec ting sign. 5.020 SECONDARY SIGN. A secondary sign is a free-standing sign on the premises where the building is setback from the front property line. 5.030 FREE-STANDING AND PROJECTING SIGNS. Such signs shall be located in conformity to the Zoning Ordinance and building code of the City of The Dalles. (1) A free-standing sign shall not exceed a maximum height of forty feet above the street grade. (2) Signs may project twelve inches over an alley with a minimum SIGN ORDINANCE NO. 92-1153 12 clearance of fourteen feet above grade and may project an additional twelve inches for each twenty-four inches of additional clearance above grade, to a maximum projection of thirty-six inches. (3) Except in alleys or other areas of vehicular traffic, a minimum of eight feet clearance shall be maintained from the bottom of a projecting or free-standing sign, and the level of the sidewalk or grade immediately below at the building line with a maximum projection of 12 inches. For each additional projection of 6 inches the sign shall have 12 inches of vertical clearance above the eight foot minimum requirement (see diagram on last page). In no case shall the maximum projection exceed five feet nor shall any sign extend closer to the street or alley than two feet from the outer curb face or two feet from the traveled surface where no curb is present. (4) Unless approved by the Building or Zoning Official for a minimum number of braces on a building face not able to support a projecting sign, no projecting signs shall be supported by a frame commonly known as an "A-frame" or other visible frame located on a building roof. (5) To insure traffic safety, signs shall be located in accordance with the "Clear Vision Area" provisions of the City's Zoning Ordinance. 5.040 FLUSH SIGNS. Flush signs shall comply with the following standards and specifications: A. Maximum Area (1) Residential Zones. Two square feet in area. Multi-family complexes are allowed larger signs in accordance with Section 4.010 (3). (2) Shopping Centers. Twenty-five percent of building front maximum. (3) Neighborhood Commercial Zones. Twenty-five percent of building front maximum. (4) Central Business Zones. Fifty percent of building front maximum. (5) General Commercial and Industrial Zones. Fifty percent of building front maximum. (6) Highway District. Fifty percent of building front maximum. (7) Recreational Commercial Zone. Twenty-five percent of building front maximum. (8) Community Facilities Overlay Zone. 48 square foot maximum. B. Placement and Projection (1) The total sign area of all exterior walls shall not exceed the maximum allowed under Section 5.040(A). (2) Flush signs may be erected on the face of a building, SIGN ORDINANCE NO. 92-1153 13 marquee, canopy, or roof overhang in a place parallel to such face and not extending more than 12 inches therefrom, except that: a. A flush sign may be erected against supporting or ornamental columns located under an overhanging roof in a place generally parallel to the nearest building face. b. A flush sign may be attached to the surface of an awning without further projection therefrom. 5.050 Message Signs. Message signs are limited to stationary time, date, temperature signs, or rotating signs with a maximum speed of seven revolutions per minute. However, scrolling or flashing electronic reader boards may be considered, subject to review and recommendation by the Traffic and Safety Commission. 5.060 Roof Signs. Roof signs are permitted only on low profile buildings and the top of roof signs shall not extend more than twelve (12) feet from sidewalk grade. 5.070 Secondary Marquee Signs. Secondary marquee signs shall not be over eight (8) square feet in area, shall be located under a canopy or flush in an alley with a minimum of 7 1/2 feet clearance. 5.080 Home Occupation Signs. Home occupation signs are permitted in the reside ntial distri ct, not to exceed two square feet in area and flush mounted. 5.090 Service Station Island Signs. Signs in addition to principal and secondary signs to designate type of fuel, promotional sign for fuel only, and fuel price are allowed at the rate of four (4) square feet maximum per pump island. In addition, one sign designating fuel prices may be attached to a pole with the top of the sign not to exceed twelve (12) feet above ground level, with a maximum area of thirty-two (32) square feet. 5.100 Restaurant Menu Board. Signs in addition to principal and secondary signs for a restaurant with a drive through window are allowed; no more than two (2) menu boards not to exceed 32 square feet each, with a maximum height of 8 feet. 5.110 On-Premise Signs. All on-premise signs must utilize at least fifty percent (50%) of the sign area for advertising the main business on the premises. Signs that contain more than 50% off-premise advertising shall be regulated under Section 5.150. 5.120 Secondary Street Frontage Signs. Secondary frontage signs shall be of a flush type only. Size limits for secondary frontage flush signs are those given in Section 5.040. 5.130 Electric Signs. Electric signs shall bear the Underwriters Laboratories , Inc. seal of approval. All electrical signs shall be installed in accordance with the National Electric SIGN ORDINANCE NO. 92-1153 14 Safety Code as regards distances from electrical line. Electrical equipment used in connection with display signs shall be installed in accordance with the City ordinances regulating electrical installations. 5.140 Animated Signs: Except for message signs of the type giving time and temperature information, or signs rotating at a speed not to exceed 7 rpm's, no sign which has any mechanical moving, revolving, rotating, or animated parts are allowed. 5.150 Off-Premise Advertising Signs. Advertising signs shall be located only in General Commercial and Industrial Zones, as designated by the City Zoning Ordinance. (1) The maximum height above grade shall be 24 feet, but shall be increased to 40 feet in the Highway District. (2) Outdoor advertising signs shall have metal primary structural members. (3) Size A. Primary and Secondary Highways. The maximum number of advertising signs shall not exceed 8 per mile with no more than 5 on one side of the street and no closer than 500 feet apart when measured at right angles to the street or highway centerline to which the sign is oriented. Sign area shall not exceed 672 square feet, with maximum dimensions of 14 feet vertical and 48 feet horizontal. B. City Streets. The maximum number of advertising signs shall not exceed 8 per mile with no more than 5 on one side of the street and no closer than 300 feet apart when measured at right angles to the street centerline to which the sign is oriented. Sign area shall not exceed 288 square feet, with maximum dimensions of 12 feet vertical and 24 feet horizontal. SIGN ORDINANCE NO. 92-1153 15 CHAPTER VI: MAINTENANCE, CONSTRUCTION, AND SAFEGUARDS 6.010 MAINTENANCE AND APPEARANCE 6.020 DESIGN AND CONSTRUCTION 6.030 CLEARANCE AND SAFEGUARDS 6.010 MAINTENANCE AND APPEARANCE. All signs and the site on which they are located shall be maintained in a neat, clean, and attractive condition. (1) Signs shall be kept from excessive rust, corrosion, peeling paint, or other surface deterioration. The display surfaces, trims, frames, and supports of all signs shall be kept neatly painted or otherwise neatly maintained, as applicable. (2) On-premise ground signs shall be directly supported by poles or supports in the ground. No external cross-braces, guy wires, "T- frames", "A-frames", "trusses", or similar bracing systems shall be used in constructing a ground sign or free-standing sign. 6.020 DESIGN AND CONSTRUCTION. Except as specified in this ordinance, design, loading, construction, and materials shall be those specified in the Uniform Building Code, as amended by the State of Oregon and adopted by the City of The Dalles. 6.030 CLEARANCE AND SAFEGUARD. To insure public safety, the installation and maintenance of all signs shall be subject to the following provisions. (1) The installation or erection of any sign requiring the operation of any crane or other equipment must be conducted in a manner so as to maintain a minimum clearance from any and all high-voltage electric power or other type electrical lines, as dictated by the National Electric Safety Code. (2) All free-standing sign installers must utilize the "call before you dig" utilities locate service (1-800-332-2344) offered by the Oregon Utilities Coordinating Council to insure clearance from underground utilities. (3) All signs together with all of their supports, braces, guys, and anchors shall be kept in good repair and be maintained in a safe condition. CHAPTER VII: INSPECTION, ENFORCEMENT, AND VARIANCES SIGN ORDINANCE NO. 92-1153 16 7.010 NON-CONFORMING SIGNS 7.020 REMOVAL OF NON-CONFORMING SIGNS 7.030 SIGNS FOR NON-CONFORMING USES 7.040 ADMINISTRATION AND ENFORCEMENT 7.050 VARIANCES AND APPEALS 7.010 NON-CONFORMING SIGNS. Signs and advertising structures which do not conform to the provisions of this ordinance but which lawfully existed and were maintained on the effective date of this ordinance shall remain lawful except as provided in this section. (1) A non-conforming sign which has been determined by the Building or Zoning Official to be improperly maintained or unsafe shall be removed within 30 days after notice as provided in Section 7.020. (2) A non-conforming sign which is a temporary sign shall conform to the provisions of Section 3.010 within 30 days after notice. (3) Non-conforming signs which violate the provisions of Section 3.020, Prohibited Signs, shall be removed within 30 days after notice. (4) Non-conforming signs which are structurally altered, relocated or replaced shall immediately comply with all provisions of this ordinance. (5) Non-conforming signs which have been abandoned or those advertising a business that is no longer conducted in or upon the premises and has not been so conducted for a period of 60 days shall comply with this ordinance or shall be removed within 30 days after notice. 7.020 REMOVAL OF NON-CONFORMING SIGNS. (1) Abandoned Signs. Where an advertised business is no longer conducted in or upon the premises on which a sign is located, such sign shall be considered as an abandoned sign subject to removal by the person who owns the sign or the owner of the building, structure, or premises on which the sign is located. The following are not subject to this abandoned sign provision: (a) An advertising sign where a person has merely leased or contracted advertising space thereon. (b) A sign to which the successor to a person's business location or business agrees to maintain as provided in this ordinance by the filing of a letter of intent with the Building or Zoning Official within 30 days after notification of a violation of this provision. (2) Procedure for obtaining compliance and removal of non-conforming signs. (a) Notice 1. Except for signs which the Building or Zoning Official has determined to be unsafe signs which by reason of their condition present an immediate and serious danger to public safety, the Building or Zoning Official shall give written notice of a non-conforming sign. The notice shall be given SIGN ORDINANCE NO. 92-1153 17 to the owner of the building, structure or premises on which the sign is located. Notices shall be sent by certified mail or be delivered personally to the building owner at his last known address, or address of record. The notice shall specify the violations of the ordinance and the time allowed for compliance. Except for unsafe signs, compliance shall be required within 30 days from mailing or personal delivery of the notice, unless time is extended for good cause shown. 2. In the case of an unsafe sign, the Building or Zoning Official shall make a reasonable attempt to notify the sign owner or the owner of the building, structure or premises on which the sign is located. The type of notice and the time spent attempting notice shall be determined by the Building or Zoning Official based upon the nature of the hazard and the immediacy of the threatened harm to person or property. Upon failure of notice after reasonable effort to give the same, or the refusal of the notified persons to comply with the ordinance within the time specified by the Building or Zoning Official, the Building or Zoning Official may remove or cause others to remove the sign or make the minimum necessary repairs to remove the danger or hazard. 7.030 SIGNS FOR NON-CONFORMING USES. A use which has been determined to be non-conforming pursuant to the City Zoning Ordinance, but which would ordinarily require a sign, if such use were located in an appropriate zoning district, shall be permitted a sign, subject to the requirements of the zone which best fits the non-conforming use, as determined by the Zoning Official. 7.040 Administration and Enforcement. (1) Inspection. The Building or Zoning Official under the supervision and control of the City Manager is hereby authorized and directed to enforce this ordinance. Upon the presentation of proper credentials, he may enter at reasonable times into or upon any building or premises in the City to inspect signs or carry out the duties and responsibilities imposed on him by this ordinance. The Building or Zoning Official may inspect or reinspect any sign to determine if it complies with this ordinance. (2) Release from liability. Neither the Building or Zoning Official nor the City nor any of its authorized representatives shall be liable for any damages, costs, or expenses for any failure to enforce the provisions of this ordinance. (3) Violation. No person shall erect, maintain, or use, nor shall any person in control of any premises, permit the erection, maintenance, or use of any sign which does not conform to and comply with the provisions of this ordinance. Nothing contained in this ordinance is intended to permit the erection or maintenance of any sign in violation of any other ordinances or State or Federal law. Violations of this ordinance shall be subject to the penalties hereinafter provided. (4) Penalties. Any person who violates any of the provisions of this ordinance, upon conviction thereof shall be punished by a fine of not more than $200.00 or by imprisonment for not more than 30 days, or both such fine and imprisonment. Each calendar day that a sign is in violation of this ordinance shall constitute a separate violation. SIGN ORDINANCE NO. 92-1153 18 7.050 VARIANCES AND APPEALS. (1) The Planning Commission of the City of The Dalles shall act on all requests for variances and appeals of sign permit determination by the Building or Zoning Official. (2) The Planning Commission shall conduct hearings for appeal and variance matters in the same manner and shall apply the same standards as are used for variance hearings conducted pursuant to Zoning Ordinance No. 80-986. (3) Except in the case of unsafe signs, no action shall be taken by the Building or Zoning Official under this ordinance pending an appeal or variance request to the Planning Commission and during any further appeal to the City Council. (4) Appeals. Any person aggrieved by a determination of the Building or Zoning Official may appeal to the Planning Commission. Upon appeal, the Commission may vary the requirements of this ordinance as permitted herein or it may: (a) Determine the suitability of alternative materials or methods of construction. (b) Decide questions arising out of interpretation of the ordinance. (5) In exercising its appeal or variance authority, the Commission may attach such conditions to either as it determines to be necessary to achieve the purposes stated in Section 1.030 of this ordinance. SIGN ORDINANCE NO. 92-1153 19 SIGN ORDINANCE NO. 92-1153 20 CHAPTER VIII: SPECIAL PROVISIONS 8.010 DISTRICTS OF SPECIAL CONTROL 8.020 SEVERABILITY 8.030 REPEAL 8.010 Districts of Special Control. The Planning Commission shall have the authority to establish districts which must be at least one city block in length (or the equivalent thereof) that would allow for variance of sizes, types, heights, etc. when: (1) the area is shown to have, or it is desired to promote, a unique and beneficial display of desirable architectural, historic, or historic area; or (2) a group of commercial activities is an intensive commercial area joins together in a cooperative arrangement to sign their occupancies so as to create an unusual or unique display; but only after a plan showing all of the new sign arrangement and a petition of all property owners is presented to the City Planning Commission. After approval by the Commission is received, the plan will be forwarded to the City Council to either: by ordinance designate the district as one of special control, return it to the Planning Commission for correction or further study, or reject the plan. (3) Once approved, the plan shall govern sign design, location, number, and size within the special district. However, all other provisions of this ordinance, including but not limited to: permitting, safety, inspection, and enforcement, shall have full force and effect. 8.020 Severability. If any part, section, sub-section, sentence, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. 8.030 Repeal. Ordinance No. 915 is hereby repealed.