Department of Land Conservation and Development 
635 Capitol Street, Suite 150 
Salem, OR 97301-2540 
Theodore R. Kulongoski, Governor (503) 373-0050 
Fax (503) 378-5518 
www.lcd.state.or.us 
NOTICE OF ADOPTED AMENDMENT 
November 3, 2008 
TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments 
FROM: Mara Ulloa, Plan Amendment Program Specialist 
SUBJECT- City of Silverton Plan Amendment 
DLCD File Number 003-07 
The Department of Land Conservation and Development (DLCD) received the attached notice of 
adoption. Due to the size of amended material submitted, a complete copy has not been attached. 
Copies of the adopted plan amendment are available for review at DLCD offices in Salem, the 
applicable field office, and at the local government office. 
Appeal Procedures* 
DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: November 18, 2008 
This amendment was submitted to DLCD for review prior to adoption with less than the required 45-
day notice. Pursuant to ORS 197.830 (2)(b) only persons who participated in the local government 
proceedings leading to adoption of the amendment are eligible to appeal this decision to the Land 
Use Board of Appeals (LUBA). 
If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals 
(LUBA) no later than 21 days from the date the decision was mailed to you by the local government. 
If you have questions, check with the local government to determine the appeal deadline. Copies of 
the notice of intent to appeal must be served upon the local government and others who received 
written notice of the final decision from the local government. The notice of intent to appeal must be 
served and filed in the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). 
Please call LUBA at 503-373-1265, if you have questions about appeal procedures. 
*NOTE: THE APPEAL DEADLINE IS BASED UPON THE DATE THE DECISION 
WAS MAILED BY LOCAL GOVERNMENT. A DECISION MAY HAVE 
BEEN MAILED TO YOU ON A DIFFERENT DATE THAN IT WAS MAILED 
TO DLCD. AS A RESULT YOUR APPEAL DEADLINE MAY BE EARLIER 
THAN THE DATE SPECIFIED ABOVE. 
Cc: Gloria Gardiner, DLCD Urban Planning Specialist 
Steve Oulman, DLCD Regional Representative 
Linda Sarnoff, City of Silverton 
<paa> ya/ 
Oregon 
In person electronic L i mailed 
1 2 DLCD 
80QZ ¿ 2 100 
Notice of Adoption 
THIS FORM MUST BE MAILED TO DLCD 
WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION 
PER ORS 197.610, OAR CHAPTER 660 - DIVISION 18 For DLCD Use Only 
Jurisdiction: City of Silverton Local file number: DC-07-01/DC-08-01 
Date of Adoption: 11/5/2008 Date Mailed: 10/10/2008 
Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? YesDate: 3/24/2008 
G Comprehensive Plan Text Amendment G Comprehensive Plan Map Amendment 
G Land Use Regulation Amendment G Zoning Map Amendment 
G New Land Use Regulation [X] Other: Development Code Update 
Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". 
A Development Code Amendment (DC-07-01) adopting an updated Silverton Development Code by 
Ordinance 08-06. The updated code implements the City's Comprehensive Land Use Plan and other recently 
adopted plans such as the Downtown Master Plan and the Transportation System Plan. The updated 
Development Code is based on the State's Model Code for Small Cities and includes clear and objective 
standards for administrative decision making and revised review criteria and procedures for discretionary land 
use decisions. There are also a number of zoning district changes (DC-08-01) that were adopted by Ordinance 
08-07 in order to folly implement the recently adopted Silverton Downtown Master Plan. Many of the changes 
were zoning district names and changes however some properties were rezoned. 
Does the Adoption differ from proposal? No, no explaination is necessary 
Plan Map Changed from: None to 
Zone Map Changed from: C3 to DC, C3 to DCF, C1 to DCF, C2 to DCF, RL to DCF, C2 to GC, C1 
to GC, and C3 to GC 
Location: City of Silverton Acres Involved: 1728 
Specify Density: Previous: New: 
Applicable statewide planning goals: 
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 
S S D D S S K K B H K B S K D D D D D 
DLCD #001-08 (16803) 
DLCD #003-07 (16241) 
Was an Exception Adopted? • YES |E1 NO 
Did DLCD receive a Notice of Proposed Amendment... 
45-days prior to first evidentiary hearing? IZ1 Yes • No 
If no, do the statewide planning goals apply? • Yes • No 
If no, did Emergency Circumstances require immediate adoption? • Yes • No 
DLCD file No. 
Please list all affected State or Federal Agencies, Local Governments or Special Districts: 
Local Contact: Linda Sarnoff 
Address: 306 S Water Street 
City: Silverton Zip: 97381-
Phone: (503) 874-2212 Extension: 212 
Fax Number: 503-873-3210 
E-mail Address: lsarnoff@silverton.or.us 
CITY OF SILVERTON 
ORDINANCE NO. 08-0^6? 
A ORDINANCE APPROVING A DEVELOPMENT CODE AMENDMENT (DC-07-01) TO 
AMEND TITLE 18-ZONING FOR A REVISED ZONING CODE AND TO AMEND TITLE 12-
STREETS, SIDEWALKS, AND PUBLIC PLACES TO RELOCATE PROVISIONS RELATED 
TO NUMBERING OF BUILDINGS, NAMING OF STREETS, AND SIDEWALKS AND 
REPEALING ORDINANCES 498, 607, 726, 738, 776, 820, 96-126, 00-105, 00-109, 01-110, 02-
102, 03-100, 03-117, 03-118, 06-02, 06-03, 06-23 AND 06-25. 
WHEREAS, the City Council directed the review and update of Title 18 - Zoning, of the Silverton 
Municipal Code (DC-07-01) to provide for clear and objective standards and/or land use procedures 
that allowed for appropriate review; to reflect desired types of development and development 
standards for the city; to help implement newly adopted master plans such as the Transportation 
System Plan, the Wastewater Master Plan and the Downtown Master Plan; to eliminate conflicting 
code provisions; and make other changes as needed to create a document that would be easy to use; 
and 
WHEREAS, the Silverton Planning Commission held work sessions over a two year period to review 
and update the Silverton zoning code to more closely align with the Model Code for Small Cities 
prepared by the Oregon Department of Land Conservation and Development; and 
WHEREAS, textual amendments have been prepared that provide for a revised zoning code 
document Title 18-Zoning of the Silverton Municipal Code that includes a new organization, 
consolidation of the use classification system, new names for some zone districts, revised procedures, 
new development standards, removal of internal inconsistencies, and other changes including changes 
to Title 12-Streets, Sidewalks, and Public Places in which there is a revised section 12.04-Numbering 
of Buildings and Naming of Streets and revised section 12.16-Sidewalks, and 
WHEREAS, individual notices of the proposed changes have been provided to all property owners 
within the city and the urban growth boundary. Other notice has been provided via legal advertising in 
the newspaper, the city's website, and through an open houses and public presentations to inform 
citizens of the proposed changes; and 
WHEREAS, after proper legal notice, a public hearing before the Planning Commission to consider 
Development Code Amendment DC-07-01, to amend Title-18 Zoning for a revised zoning code and to 
amend Title-12 Streets, Sidewalks, and Public Places to relocate provisions related to numbering of 
buildings, naming of streets and sidewalks was held June 17, 2008. All interested parties participated 
and had an opportunity to be heard. Following this testimony the Commission deliberated and in a 
vote of 4 to 1 recommended approval of the plan with certain revisions as noted in the Planning 
Commission minutes. These changes have been incorporated into the document presented to the City 
Council; and 
WHEREAS, after proper legal notice, a public hearing before the City Council was held on July 7, 
2008 to consider Development Code Amendment, DC-07-01 to amend Title-18 Zoning for a revised 
zoning code and to amend Title-12 Streets, Sidewalks, and Public Places to relocate provisions related 
to numbering of buildings, naming of streets and sidewalks. All interested parties participated and had 
an opportunity to be heard. The City Council has reviewed all matters presented to it and reviewed the 
recommendations of the Silverton Planning Commission. 
alP 
1 
WHEREAS, the City Council had a first reading of the ordinance on July 7, 2008 and scheduled a 
joint Planning Commission/City Council work session to be held before the second reading to review 
certain sections of the proposed code. 
WHEREAS, a work session was held on August 25, 2008 and changes were made to the document 
that included Section 2.3.110- adding Daycare as a Conditional Use in the Downtown 
Commercial Fringe Zone; revising Section 2.3.160. A. l to clarify Drive-up/Drive-In/Drive-
Through Uses and Facilities and remove a confusing graphic; amending Section 3.2.300E.4 a. 
and b. adding a height requirement to the landscaping provisions and adding Section e. to 
address buffer ing requirements for differing land uses; expanding Section 4.1.400 to identify 
the information provided in a pre-application meeting; and amending Section 3.4.200 to 
reflect changes made in calculation of the parks dedication as a result of the recently adopted 
2008 Parks and Recreation Master Plan. 
THE CITY OF SILVERTON ORDAINS AS FOLLOWS: 
Section 1. The City Council finds that the proposed amendment, DC-07-01 is consistent with the 
goals and policies of the Silverton Comprehensive Plan as described in the Staff Report and Findings 
of Fact attached as Exhibit 'A' , which by this reference are incorporated herein and hereby adopted. 
Section 2. The following Chapters of Title-18 Zoning are repealed by the adoption of this Ordinance. 
Chapter 1 8.55 District Regulations in its entirety. 
Chapter 1 8.60 Residential District Uses in its entirety. 
Chapter 1 8.65 Single-Family Residential in its entirety. 
Chapter 1 8.70 Multiple-Family Residential - Low Density in its entirety. 
Chapter 1 8 75 Multiple-Family Residential Medium Density m its entirety. 
Chapter 1 8.80 Multiple-Family Residential High Density in its entirety. 
Chapter 1 8.85 Acreage Residential (AR) m its entirety. 
Chapter 1 8.90 Commercial District Uses in its entirety. 
Chapter 1 8.95 CI Residential Commercial District in its entirety. 
Chapter 1 8.100 C2 Retail Business District in its entirety. 
Chapter 1 8.105 C3 Commercial Business District in its entirety. 
Chapter 1 8.110 Industrial District Uses in its entirety. 
Chapter 1 8.115 IP Industrial Park District in its entirety. 
Chapter 1 8.120 12 Limited Industrial District in its entirety. 
Chapter 1 8.125 13 General Industrial in its entirety. 
Chapter 1 8.130 Public, Semi-Public and Governmental Use Districts in its entirety 
Chapter 1 8.135 PA, PC, PE, PH, PP, and PS Districts in its entirety. 
Chapter 1 8.155 Reserved in its entirety. 
Chapter 1 8.180 Accessory Structures in its entirety. 
Chapter 1 8.185 Mobile Home Parks in its entirety. 
Chapter 1 8.200 Site Design and Use Standards in its entirety. 
Chapter 1 8.210 Real Property Compensation in its entirety. 
The following underlying enacting or amending Ordinances for the above listed code sections 
are also repealed by the adoption of this Ordinance. Ordinance Numbers 498, 607, 726, 738, 
776, 820, 96-126, 00-105, 00-109, 01-110, 02-102, 03-100, 03-117, 03-118 and 06-02 are 
hereby repealed. 
Section 3. The following Articles of Articles of Title-18 Zoning are repealed by the adoption of this 
2 
Ordinance. 
Article One, Definitions and Use Categories: 
18.01.005 Definitions in its entirety. 
18.01.010 Use Categories in its entirety. 
Article Two: Administration and Procedures 
18.02.005 Overview in its entirety. 
General Administration 
18.02.010 through 18.02.070 Introduction in its entirety. 
18.02.100 through 18.02.150 Enforcement in its entirety. 
18.02.200 through 18.02.210 Application Procedures in its entirety. 
Clarification of Land Use Decisions 
18.02.220 
18.02.230 
18.02.240 
18.02.250 
18.02.260 
18.02.270 
18.02.300 
18.02.700 
18.02.800 
18.02.900 
Actions Included as Land Use Decisions in its entirety. 
Actions Not Included as Land Use Decisions in its entirety. 
Actions Included as Limited Land Use Decisions in its entirety. 
Administrative Process in its entirety. 
Limited Land Use Process in its entirety. 
Quasi-Judicial Process in its entirety. 
Public Hearings in its entirety. 
Decisions in its entirety. 
Appeals in its entirety. 
Legislative Process in its entirety. 
Article Three: Review Criteria 
18.03.005 through 18.03.025 
18.03.030 
18.03.040 
18.03.050 
18.03.060 
18.03.070 
18.03.080 
18.03.090 
18.03 100 
18.03 110 
18.03.120 
18.03.130 
Article Four: Land Divisions 
18.04.010 
18.04.020 through 18.04.090 
18.04.100 through 18.04.130 
18.04.210 through 18.04.250 
18.04.300 through 18.04.370 
18.04.400 through 18.04.465 
18.04.500 through 18.04.510 
18.04.600 
Overview in its entirety. 
Adjustments in its entirety. 
Annexations in its entirety. 
Comprehensive Plan Amendments in its entirety. 
Conditional Uses in its entirety. 
Design Review in its entirety. 
Development Code Amendments in its entirety. 
Nonconforming Situations in its entirety. 
Urban Growth Boundary Amendments in its entirety. 
Vacations in its entirety. 
Variances in its entirety. 
Zoning Map Amendments/Zone Changes in its entirety. 
Overview in its entirety. 
General Provisions in its entirety. 
Lot, Block and Street Arrangements in its entirety. 
Property Line Adjustments in its entirety. 
Subdivisions and Partitions in its entirety. 
Planned Unit Developments in its entirety. 
Condominiums in its entirety. 
Multi-Phases in its entirety. 
3 
18.04.700 through 18.04.720 
18.04.800 through 18.04.850 
18.04.900 
Changes in the Approved Plan in its entirety. 
Final Plat Approval in its entirety. 
Street Trees in its entirety. 
Article Five: Public Improvements 
18.05.005 through 18.05.060 
18.05.070 through 18.05.073 
18.05.080 through 18.05.109 
18.05.200 through 18.05.280 
18.05.310 through 18.05.330 
18.05.400 through 18.05.455 
18.05.500 through 18.05.550 
18.05.600 through 18.05.670 
18.05.700 through 18.05.750 
18.05.800 through 18.05.850 
18.05.900 through 18.05.950 
18.05.1000 through 18.05 1090 
General Provisions in its entirety 
Improvement Assurances in its entirety. 
Streets in its entirety. 
Sidewalks in its entirety. 
Bikeways in its entirety. 
Parks and Open Space in its entirety. 
Sanitary Sewers in its entirety. 
Storm Drainage in its entirety. 
Water in its entirety. 
Fire Protection Standards in its entirety. 
Private Utilities - General in its entirety. 
Street Numbering and Naming m its entirety. 
Article 6: Special Purpose Overlay Districts: 
18.06.010 
18.06.020 through 18.06.170 
18.06.210 through 18.06.300 
18.06.410 through 18.06.460 
18.06.510 through 18.06.650 
18.06.710 through 18.06.740 
18.06.800 through 18.06.880 
Overview in its entirety. 
Hillside Development in its entirety. 
Wildfire Lands in its entirety. 
Landslide Hazards in its entirety. 
Floodplains in its entirety. 
Wetlands in its entirety. 
Riparian Corridors m its entirety. 
Article 7: On Site Improvements and Environmental Standards 
18.07.010 through 18.07 170 Environmental in its entirety. 
18.07.200 Off-Street Parking in its entirety. 
18.07.300 Landscaping - Private in its entirety. 
18.07.400 Landscaping - Public in its entirety 
18.07.500 Buffering and Screening in its entirety. 
18.07.600 Tree Felling in its entirety. 
Article 12: Zoning District Special Use Standards 
18. 12.005 Overview in its entirety. 
18. 12.010 Accessory Structures, Residential in its entirety. 
18. 12.015 Accessory Dwelling Units, Two Family Shared Housing in its 
entirety. 
18. 12.020 Accessory Uses in Group (Congregate) Living Facilities in its 
entirety. 
18. 12.025 Adult Entertainment in its entirety. 
18. 12.030 Aircraft Landing Facilities in its entirety. 
18. 12.035 Arcades in its entirety. 
18. 12.040 Automotive Dealers and Automotive Repair, Service, and Parking in 
its entirety. 
18. 12.045 Bed and Breakfast Establishments m its entirety. 
18 12.050 Biomass Facilities in its entirety. 
4 
18.12.055 Boat and Recreational Vehicle Storage in Residential Zoning Districts 
in its entirety. 
18.12.060 Cemetery, Mausoleum, Columbarium, Crematories and Funeral 
Services in its entirety. 
18.12.065 Child Day Care Centers in its entirety. 
18.12.070 Common Open Space in its entirety. 
18.12.075 Community Building, Social Halls, Lodges, Fraternal Organizations, 
and Clubs Residential Zoning Districts in its entirety. 
18.12.080 Contractor's Office and Construction Equipment Sheds in its entirety. 
18.12.085 Conversion of a Single Family Residence to a Two Family Shared 
Housing in its entirety. 
18.12.090 Drive-in Theatres in its entirety. 
18.12.095 Drive-up Window Facilities in its entirety. 
18.12.100 Drop Boxes in its entirety. 
18.12.105 Duplex in Residential Zoning Districts in its entirety. 
18.12.105.010 Duplex on a Corner Lot. 
18.12.105.020 Duplex on an Interior Lot. 
18.12.110 Dwelling Units in Commercial Zoning Districts. 
1 8.12.115 Eating Places As Accessory Uses in its entirety. 
18.12.120 Elementary and Secondary Schools in its entirety. 
18.12.125 Energy Facilities in its entirety: 
18.12.130 Fences-Setback and Height Limitations in its entirety. 
18.12.135 Garage and Yard Sales in its entirety. 
18.12.140 Gasoline Service Stations in its entirety. 
18.12.145 Grading in its entirety. 
18.! 2.150 Height Regulations in its entirety. 
18.12.155 Home Occupations in its entirety. 
18.12.155.010 Prohibited Uses 
18.12.155.020 Initiation of Complaints 
18.12.155.030 Review Procedures 
18.12.155.080 Time to Remedy Infraction After Notice. 
18 12.160 Indoor Entertainment and Recreation in its entirety. 
18.12.165 Kennels, Riding Academies, and Public Stables in its entirety. 
18.12.170 Keeping of Livestock in its entirety. 
18.12.175 Manufactured Homes on Individual Lots in its entirety. 
18.12.175.010 Standards for Manufactured Homes on Individual Lots. 
18.12.175.020 Review Criteria. 
18 12.180 Manufacturing and Production in its entirety. 
18 12.185 Mobile Food Vendors in its entirety. 
18.12.190 Motels/Hotels in Public Amusement Zoning District in its entirety. 
18.12.195 Nursery Schools, Day, or Child Care Facilities in its entirety. 
18 12.200 Nursing Home Facilities and Assisted Living Facilities in its entirety. 
18 12.205 Other Uses in Industrial Zoning Districts in its entirety. 
18 12.210 Outside Display of Merchandise in its entirety 
18.12.215 Park and Ride Facilities in its entirety. 
18 12.220 Poultry Farms in its entirety. 
18.12.225 Projections into Required Yards in its entirety. 
18.12.230 Projections into Public Right-of-way in its entirety. 
18.12.235 Public and Private Golf Courses and Membership Sports Clubs in its 
entirety. 
18.12.240 Religious Organizations or Other Charitable Institutions in a 
Residential Zoning Districts in its entirety. 
5 
18.12.245 Residence for Caretaker or Watchman in its entirety. 
18 12.250 Residential Care or Group Care Facilities in its entirety. 
18.12.255 Residential Care or Group Care Homes in its entirety. 
18 12.260 Residential Sales Offices in its entirety. 
18.12.265 Restaurants With Outdoor Eating Areas in its entirety. 
18.12.270 Retail Services in its entirety. 
18.12.275 Retail Sales and Services in the Residential Commercial, Residential 
Business, and Industrial Park Zoning Districts in its entirety. 
18.12.280 Scrap and Waste Material Establishments in its entirety. 
18.12.285 Self-Service Storage/Mini-Storage Warehouses in its entirety. 
18.12.290 Special Status for Single Family Residences in Commercial and 
Industrial Zoning Districts in its entirety. 
18.12.295 Swimming Pools, Spas, and Hot Tubs Safety Barriers in its entirety. 
18.12.300 Temporary Use - Carnival or Circus in its entirety. 
18.12.305 Temporary Use- Manufactured Home or Recreational Vehicle in its 
entirety. 
18.12.310 Temporary Use- Movable Structures and Vehicles in its entirety. 
18.12.315 Temporary Use- Seasonal Sales in its entirety. 
18.12.320 Townhouse Dwellings in its entirety. 
18.12.325 Utilities in its entirety. 
18.12.330 Veterinary Services for Animal Specialties in its entirety. 
18.12.335 Waste and Recycling Related Uses in its entirety. 
18.12.340 Wireless Communication Facilities in its entirety. 
18.12.345 Zero Side Yard Dwelling Units in its entirety. 
Article 13: Historic Landmarks 
18.13.005 Purpose m its entirety. 
18.13.010 Definitions in its entirety. 
18.13.015 Historic Landmark Commission in its entirety. 
18.13.020 Powers and Duties in its entirety. 
18.13.030 Designated Landmarks in its entirety. 
18.13.035 Historic Design Review in its entirety. 
18.13.040 Historic Relocations and Demolitions in its entirety. 
18.13.045 Exclusions in its entirety. 
18.13.050 Appeals in its entirety. 
18.13.055 Other Provisions in its entirety. 
18.13.060 Enforcement and Penalties in its entirety. 
18.13.065 Emergency Clause in its entirety. 
The following underlying enacting Ordinances for the above listed code sections are also repealed 
by the adoption of this Ordinance. Ordinance Numbers 06-03, 06-23 and 06-25 are hereby 
repealed. 
Section 3. Title-18 Zoning, attached as Exhibit 'B' is hereby amended and includes the following: 
Title 18: 
Article 1-Introduction 
1.1 Official Name and Map 
1.2 Purpose 
6 
1.3 How to Use the Development Code 
1.4 General Administration 
1.5 Definitions 
1.6 Use Categories 
1 7 Enforcement 
Article 2-Land Use (Zoning) Districts 
2.1 Organization of Land Use Districts 
2.2 Residential (R) Districts 
2.3 Commercial (C) Districts 
2.4 Industrial (I) Districts 
2.5 Flood Plain (/FP) Overlay 
2.6 Hillside Protection (/H) Overlay 
2.7 Wetlands and Riparian (/WR) Overlay 
2.8 Public Use (/P) Overlay 
Article 3-Communitv Design 
3.0 Design Standards Administration 
3.1 Access and Circulation 
3.2 Landscaping, Street Trees, Fences and Walls 
3.3 Parking and Loading 
3.4 Public Facilities 
3.5 Historic Landmarks 
Article 4-Administration of Land Use and Development 
4.1 Types of Review Procedures (includes appeal procedures) 
4.2 Land Use Review and Design Review 
4.3 Land Divisions and Property Line Adjustments 
4.4 Conditional Uses 
4.5 Planned Developments 
4.6 Modifications to Approved Plans and Conditions of Approval 
4 7 Zoning Map and Development Code Text Amendments 
4.8 Code Interpretations 
4.9 Miscellaneous Permits-Temporary Uses 
4 10 Annexations 
4 11 Urban Growth Boundary 
4.12 Comprehensive Plan Amendments 
4.13 Vacations 
Article 5-Exceptions to Code Standards 
5.1 Adjustments and Variances 
5.2 Non-Conforming Uses and Development 
5.3 Lots of Record 
Section 4. Title-12 Streets, Sidewalks and Public Places, attached as Exhibit 'C ' is hereby amended to 
include the following 
Title 12-
12.04 Numbering of Buildings and Naming of Streets 
12.16 Sidewalks 
7 
N O W FURTHER THEREFORE, a full copy of all text amendments can be found in file DC-07-01 
located in the Community Development Department at City Hall 
FIRST READ to the Council the 7th day of M y , 2008. 
SECOND READING by the Council the 6th day of October, 2008. 
SIGNED by the Mayor the ^ d a y of O c f ^ U i ^ , 2008 
EFFECTIVE the day of V 
8 
CITY OF SILVERTON 
ORDINANCE NO. 0 8 - 0 ^ 
AN ORDINANCE APPROVING LEGISLATIVE ZONE CHANGES (DC-08-01) 
FOR ALL COMMERCIAL PROPERTIES IN THE SILVERTON CITY LIMITS 
FOR THE PURPOSE OF IMPLEMENTING THE DOWNTOWN MASTER PLAN 
AND CHANGING THE COMMERCIAL ZONE DISTRICT NAMES 
W H E R E A S , as part of the effort to update Title 18 - Zoning of the Silyerton Municipal 
Code and provide for internal consistency, the City of Silverton (applicant), proposes to 
change the zoning designation (DC-08-01) for commercial properties within the City of Silverton 
to implement the adopted Downtown Master Plan as shown on Exhibit 'ET; and, 
WHEREAS, after proper legal notice, a public hearing before the Planning Commission to 
consider a legislative zone change for all commercial property within the Silverton City limits for 
the purpose of implementing the Downtown Master Plan was held June 17, 2008. All interested 
parties participated and had an opportunity to be heard. Following this testimony the Commission 
deliberated and in a vote of 4 to 1 recommending the City Council approve the legislative zone 
changes; and 
WHEREAS, after proper legal notice, a public hearing before the City Council concerning the 
proposed change was held on July 7, 2008. Interested persons and the general public were given 
an opportunity to be heard. The City Council has reviewed all matters presented and has reviewed 
the recommendations of the Silverton Planning Commission. 
THE CITY OF SIL VERTON ORDAINS AS FOLLOWS: 
Section 1. The Findings of Fact adopted by the City Council of the City of Silverton are attached 
in Exhibit 'A' , which by this reference are incorporated herein and hereby adopted to support this 
decision. 
Section 2. The City Council finds that the burden of proof for the Legislative Zone Change has 
been met and therefore the Zoning Map designation changes as shown on Exhibit 'B ' are hereby 
adopted. 
FIRST R E A D to the Council the 7^ day of M y , 2008. 
S E C O N D READING by the Council the 6%Iay of October, 2008 
SIGNED by the Mayor the day of , 2008 
EFFECTIVE the day of / l / g ^ f e ^ , 2008 
Mayor 
CITY OF SILVERTON 
DEVELOPMENT CODE 
City Council Approved 
October 6, 2008 
Table of Contents 
Article 1-Introduction 1-1 
1.1 Official Name and Map 1 -3 
1.2 Purpose 1-3 
1.3 How to Use the Development Code 1-4 
1.4 General Administration 1-5 
1.5 Definitions 1-8 
1.6 Use Categories 1-54 
1.7 Enforcement 1-75 
Article 2-Land Use (Zoning) Districts 2-1 
2.1 Organization of Land Use Districts 2-5 
2.2 Residential (R) Districts 2-7 
2.3 Commercial (C) Districts 2-44 
2.4 Industrial (I) Districts 2-89 
2.5 Flood Plain (/FP) Overlay 2-100 
2.6 Hillside Protection (/H) Overlay 2-112 
2.7 Wetlands and Riparian (/WR) Overlay 2-126 
2.8 Public Use (/P) Overlay 2-133 
Article 3-Community Design 3-1 
3.0 Design Standards Administration 3-3 
3.1 Access and Circulation 3-4 
3.2 Landscaping, Street Trees, Fences and Walls 3-13 
3.3 Parking and Loading 3-26 
3.4 Public Facilities 3-39 
3.5 Historic Landmarks 3-57 
Article 4-Administration of Land Use and Development 4-1 
4.1 Types of Review Procedures (includes appeal procedures) 4-5 
4.2 Land Use Review and Design Review 4-38 
4.3 Land Divisions and Property Line Adjustments 4-51 
4.4 Conditional Uses 4-70 
4.5 Planned Developments 4-74 
4.6 Modifications to Approved Plans and Conditions of Approval 4-82 
4.7 Zoning Map and Development Code Text Amendments 4-86 
4.8 Code Interpretations 4-89 
4.9 Miscellaneous Permits-Temporary Uses 4-91 
4.10 Annexations 4-96 
4.11 Urban Growth Boundary 4-104 
4.12 Comprehensive Plan Amendments 4-108 
4.13 Vacations 4-111 
Article 5-Exceptions to Code Standards 5-1 
5.1 Adjustments and Variances 5-3 
5.2 Non-Conforming Uses and Development 5-6 
5.3 Lots of Record 5-9 
Article 1.0 — Introduction 
Chapters: 
1.1 Official Name and Map 1-3 
1.2 Purpose 1-3 
1.3 How to Use the Development Code 1-4 
1.4 General Administration 1-5 
1.4.100 Severability 1-5 
1.4.200 Compliance and Scope 1-5 
1.4.300 Consistency with Plan and Laws 1-5 
1.4.400 Use of a Development 1-6 
1.4.500 Pre-Existing Approvals 1-6 
1.4.600 Demolition Permit, Building Permit and 1 -6 
Certificate of Occupancy 
1.4.700 Official Action 1-6 
1.4.800 Approval Compliance 1-7 
1.5 Definitions 1-8 
1.5.100 Purpose 1-8 
1.5.200 Applicability 1-8 
1.5.300 Definitions 1-9 
1.6 Use Categories 1-54 
Introduction to the Use Categories 1-55 
1.6.010 Purpose 1-55 
Residential Use Categories 1-57 
1.6.100 Group Living 1-57 
1.6.110 Household Living 1-57 
Commercial Use Categories 1-59 
1.6.200 Commercial Outdoor Recreation 1-59 
1.6.210 Commercial Parking 1-59 
1.6.220 Quick Vehicle Servicing 1-60 
1.6.230 Major Event Entertainment 1-60 
1.6.235 Educational Services, Commercial 1-61 
1.6.240 Office 1-61 
City of Silverton 
Zoning and Development Code 
1-1 City Council Approved 
October 6, 2008 
1.6.250 Retail Sales and Service 1-61 
1.6.260 Self-Service Storage 1-63 
1.6.270 Vehicle Repair 1-63 
Industrial Use Categories 1-64 
1.6.300 Industrial Service 1-64 
1.6.310 Manufacturing and Production 1-64 
1.6.320 Warehouse, Freight Movement, and Distribution 1-65 
1.6.330 Waste-Related 1-66 
1.6.340 Wholesale Sales 1-66 
Institutional Use Categories 1-68 
1.6.400 Basic Utilities 1-68 
1.6.410 Colleges 1-68 
1.6.420 Community Service 1-69 
1.6.430 Day care-Family Daycare 1-70 
1.6.440 Daycare-non-Family Daycare 1-70 
1.6.450 Medical Centers 1-70 
1.6.460 Parks, Open Areas and Cemeteries 1-71 
1.6.470 Religious Institutions and Places of Worship 1-71 
1.6.480 Schools 1-71 
1.6.490 Jails and Detention Facilities 1-72 
Other Use Categories 1-73 
1.6.500 Agriculture 1-73 
1.6.510 Mining 1-73 
1.6.520 Radio Frequency Transmission Facilities 1-73 
1.6.530 Rail Lines and Utility Corridors 1-74 
1.6.540 Railroad Yards 1-74 
1.7. Enforcement 1-75 
1.7.100 Provisions of this Code Declared to be Minimum Requirements 1-75 
1.7.200 Violation of Code Prohibited 1-75 
1.7.300 Penalty 1-75 
1.7.400 Complaints Regarding Violations 1-75 
1.7.500 Inspection and Right of Entry 1-76 
1.7.600 Abatement of Violations 1-76 
City of Silverton 
Zoning and Development Code 
1-2 City Council Approved 
October 6, 2008 
Chapter 1.1 — Official Name and Map 
The official name of this Title is "Chapter 18, Development Code and Zoning Map." It may be 
referred to as "Development Code" or "this Code" or "Chapter 18 of the Revised Silverton 
Municipal Code (RSMC)." The map may be referred to as "Zoning Map," Zoning District Map" 
or "Land Use District Map." 
Chapter 1.2 — Purpose 
The general purpose of this Code is to set forth and coordinate City regulations governing the 
development and use of land. The Code is more specifically intended to do the following: 
1. Serve as the principal vehicle for implementation of the City's Comprehensive Plan in a 
manner which protects the health, safety, and welfare of the citizens of Silverton. 
2. Satisfy relevant requirements of federal law, state law, statewide goals, and 
administrative rules. 
3. Facilitate prompt review of development proposals and the application of clear and 
specific standards. 
4. Provide for public information, review, and comment on development proposals which 
may have a significant impact on the community. 
5. Guide public and private planning policies and actions to ensure provision of adequate 
water, sewerage, transportation, drainage, parks, open space and other public facilities 
and services for each development. 
6. Establish procedures and standards requiring that the design of site improvements and 
building improvements be consistent with applicable standards and flexible design 
guidelines. 
7. Provide for review and approval of the relationship between land uses and traffic 
circulation in order to minimize congestion, with particular emphasis on not exceeding 
the planned capacity of residential streets. 
8. Require that permitted uses and development designs provide reasonable protection from 
fire, flood, landslide, erosion, or other natural hazards as well as prevent the spread of 
blight, and aid in the prevention of crime. 
9. Protect and enhance the city's aesthetic beauty and character. 
10. Protect constitutional property rights, provide due process of law, and give consideration 
in all matters to affected property owner interests in making land use decisions. 
City of Silverton 1-3 City Council Approved 
Zoning and Development Code October 6, 2008 
Chapter 1.3 — How to Use the Development Code 
The City of Silverton Development Code governs all uses of land within the incorporated limits 
of the City of Silverton. The five Articles of the code are used together to review land use 
applications. They are organized as follows: 
Article 1. In addition to this brief introduction, Article 1 provides definitions for selected terms, 
land use classifications and categories, and information on the legal construct of the code. It also 
explains the city authority to enforce the Development Code. 
Article 2. Every parcel, lot, and tract of land within the city's incorporated boundaries is also 
within a "land use district". (Land use districts are shown on the city's official zoning map.) 
Article 2 identifies the land uses that are permitted within each district, and the standards that 
apply to each type of land use (e. g., lot standards, setbacks, and use-specific design standards). 
As required by state law, the zones or "land use districts" conform to the City of Silverton 
Comprehensive Plan. Other land use procedures such as the overlay zones are included within 
this Article. These regulations implement planned land uses and development densities, provide 
compatibility between uses, and establish urban design requirements for specific types of uses. 
Article 3. The design standards contained in Article 3 apply throughout the city. They are used 
to help prepare development plans and review development applications. The Community 
Design Standards will help to ensure compliance with city standards for access and circulation, 
landscaping, parking, public facilities, storm water management, housing densities, and sensitive 
lands. 
Article 4. Article 4 provides application requirements and administrative procedures for 
obtaining permits and approvals under this code. Four types of permit procedures are covered: 
Type I (non-discretionary, "ministerial" decision); Type II (discretionary, "administrative" 
decision); Type III ("quasi-judicial" decision with public hearing); and Type IV ("legislative" 
decisions). Other land use procedures such as appeals, code interpretations, miscellaneous 
permits, etc. are included within this Article. This article also identifies the process and 
requirements for each type of review procedure. 
Article 5. Article 5 contains standards and procedures for variances and non-conforming 
situations (i.e., existing uses or development that do not comply with the code). This code cannot 
provide standards to fit every potential development situation. The city's varied geography and 
complexities of land development require flexibility. Article 5 provides that flexibility, while 
maintaining the purpose and intent of the code. 
City of Silverton 
Zoning and Development Code 
1-4 City Council Approved 
October 6, 2008 
1.4 - General Administration 
Chapter 1.4 — General Administration 
Sections: 
1.4.100 Severability 
1.4.200 Compliance and Scope 
1.4.300 Consistency with Plan and Laws 
1.4.400 Use of a Development 
1.4.500 Pre-Existing Approvals 
1.4.600 Demolition Permit, Building Permit and Certificate of Occupancy 
1.4.700 Official Action 
1.4.800 Approval Compliance 
1.4.100 Severability 
The provisions of this Development Code are severable. If any section, sentence, clause or 
phrase of the Development Code is adjudged to be invalid by a court of competent jurisdiction, 
that decision shall not affect the validity of the remaining portion of the Development Code. 
1.4.200 Compliance and Scope 
A. Compliance with the provisions in the Development Code. Land and structures may be 
used or developed only as this Development Code ("Code") or any amendment thereto 
permits. No plat shall be recorded or no building permit shall be issued or valid without 
compliance with the provisions of this Code and all permits, approvals, and conditions of 
approval issued under it. 
B. Obligation by successor. The requirements of this Code apply to the owner(s) of record, 
persons undertaking the development or the use of land, and to those persons' successors in 
interest. Development approvals and applicable conditions shall run with the land. The 
approval transfers to a new owner if the property is sold or otherwise transferred, unless 
specifically conditioned otherwise. 
C. Transfer of development standards prohibited. No lot area, yard, landscaping, or open 
space that is required by this Code for one use shall be a required lot area, yard, landscaping, 
or open space for another use, except as otherwise specifically allowed by this Code. 
1.4.300 Consistency with Plan and Laws. 
This Development Code is designed to implement the City of Silverton Comprehensive Plan. All 
provisions of this Code shall be construed in conformity with the adopted comprehensive plan 
and applicable State and Federal laws. 
City of Silverton 
Zoning and Development Code 
1-5 City Council Approved 
October 6, 2008 
1.4 - General Administration 
1.4.400 Use of a Development 
A development shall be used only for a lawful use. A lawful use of a development is one that is 
permitted by this Code and has received the applicable approvals (e.g., design review, land 
division, public improvement permits, state and federal regulations) and is not prohibited by law. 
1.4.500 Pre-Existing Approvals 
A. Legality of pre-existing approvals. Developments and uses for which approvals were 
granted prior to the effective date of this Code ("pre-existing approvals") may occur pursuant 
to such approvals. Pre-existing approvals may be extended pursuant to the standards in effect 
at the time of the original approval notwithstanding any State or Federal law or rule 
precluding such extension. Modifications to pre-existing approvals shall comply with 
Chapter 4.6. Modifications to Approved Plans and Conditions of Approval. 
B. Subsequent development applications. All developments and uses begun on or after 
[effective date of Development Code] shall conform to the provisions of this Code. 
1.4.600 Demolition Permit, Building Permit and Certificate of Occupancy 
A. Demolition Permit. A demolition permit shall not be issued until the Community 
Development Director has issued a Land Use Review or Design Review approval in 
accordance with the provisions of Chapter 4.2, or has otherwise found that such review is not 
required. 
B. Building permit. A building permit shall not be issued until the Community Development 
Director has issued a Land Use Review or Design Review approval in accordance with the 
provisions of Chapter 4.2, or has otherwise found that such review is not required. 
C. Certificate of occupancy required. To ensure completion of a development or use in the 
manner approved, a building shall not be occupied and a use shall not begin until the 
Building Official has issued a certificate of occupancy following completion of the work in 
substantial conformance to the applicable approvals and permits. 
D. Prior to final completion. Prior to the final completion of all work, the Building Official, at 
his or her discretion, may issue a temporary certificate of occupancy and/or a certificate of 
occupancy for a portion of the structure conditioned upon further work being completed by a 
date certain. At the Building Officials discretion, security in the form of a bond, contract, 
escrow funds, or other considerations may be required to ensure the final completion of all 
required work. 
1.4.700 Official Action 
A. Official Action. The city official and his or her designees are vested with authority to issue 
permits or grant approvals in conformance with this Code, and shall issue no permit or grant 
approval for any development or use which violates or fails to comply with conditions or 
standards imposed to carry out this Code. 
City of Silverton 
Zoning and Development Code 
1-6 City Council Approved 
October 6, 2008 
1.4 - General Administration 
B. Declaring a Prior Decision Void. Any permit or approval issued or granted that fails to 
comply with the provisions of this code or the Code in force at the time the permit or 
approval was granted may be declared void by the city. The reviewing body shall determine 
when an approval is void and may direct cessation of building activity or use or may direct 
modification in order to attain conformance to the Code. 
C. Notice. The failure of any person to receive mailed notice or failure to post a notice shall not 
invalidate any actions pursuant to this Code, provided a good faith effort was made to notify 
all parties entitled to notice. 
D. Fees. The City Council shall establish application and review fees and fee policies by 
separate resolution for the performance of the actions and reviews required by this Code. 
1.4.800 Approval Compliance 
A. Application Materials. Application materials and other information (such as oral and/or 
written testimony) submitted by an applicant and relied upon by the city staff and/or the 
decision making body during the review and approval process in order to gain development 
approval is considered part of the application and any commitment contained within this 
material shall become legally binding upon the applicant. 
B. Conditions of Approval. Developments that have been granted approval subject to 
conditions of approval are required to comply with said conditions of approval. As these 
conditions run with the land, future owners, lessees, renters, etc. will also be required to 
comply with said conditions of approval. In the event that these conditions require 
reconsideration, then the appropriate application and review procedures must be followed for 
reconsideration of said conditions in accordance with the provisions of this code. 
City of Silverton 
Zoning and Development Code 
1-7 City Council Approved 
October 6, 2008 
1.5 - Definitions "F-G" 
Chapter 1.5 — Definitions 
Sections: 
1.5.100 Purpose 
1.5.200 Applicability 
1.5.300 Definitions 
1.5.100 Purpose 
The purpose of Chapter 1.5 is to define terms that are used frequently in the City of Silverton 
Development Code, to assist decision makers in interpreting and applying the Code. Some of the 
terms that are defined here may have different meanings in other communities. 
1.5.200 Applicability 
A. Definitions. The definitions in Chapter 1.5 apply to all actions and interpretations under the 
City of Silverton Development Code. The meanings given terms in this chapter may, in 
certain contexts in which they are used, be clearly inapplicable. In such cases the context in 
which a term is used will indicate its intended meaning, and that intent shall control. Where a 
term used in this Code is already defined in another part of the City of Silverton Code (e.g., 
the International Building Code, etc.) the term is not redefined herein for purposes of that 
other code. 
B. Land Use Categories. Chapter 1.6 provides descriptions of the land use categories used in 
Article 2. 
C. Interpretation. Terms not defined in this Code shall have their ordinary accepted meanings 
within the context in which they are used. Webster's Third New International Dictionary of 
the English Language, Unabridged, shall be considered a standard reference. In some 
situations, the Community Development Director may find it necessary to make a formal 
code interpretation or similar use ruling under Chapter 4.8. In such cases, the Director's 
decision shall be processed through either a Type I or Type II procedure and a written record 
of it shall be kept on file with the Development Code. 
City of Silverton 
Zoning and Development Code 
1-8 City Council Approved 
October 6, 2008 
1.5 - Definitions "C-D" 
1.5.300 Definitions 
The following definitions are organized alphabetically and some related terms are also grouped 
together and cross-referenced under group headings (e.g., Transportation-Related, Environment-
Related, etc.). See also, Chapter 1.6 for descriptions of the land use categories used in Article 2. 
A 
Abutting. Contiguous or adjoining. It shall include the terms adjacent, adjoining and 
contiguous. 
Access. A way or means of approach to provide pedestrian, bicycle, and/or motor vehicular 
entrances or exits to a property. 
Accessory. Secondary or incidental to a primary use or structure. 
Accessory dwelling. See Residential Structure Types. 
Accessory parking facility. A parking facility that provides parking for a specific use or uses. 
The facility may be located on or off the site of the use or uses to which it is accessory. A fee 
may or may not be charged. An accessory parking facility need not be in the same ownership as 
the specific uses to which it is accessory. See also Commercial Parking in Chapter 1.6, 
Descriptions of Use Categories. 
Accessory structure. A structure of secondary importance or function on a site. In general, the 
primary use of the site is not carried on in an accessory structure. Accessory structures are 
detached from the primary structure. Examples of accessory structures include but are not limited 
to: garages, decks, fences, arbors, gazebos, heat pumps, and other structures. See also Primary 
Structure. 
Accessory use. A use or activity that is a subordinate part of a primary use and that is clearly 
incidental to a primary use on a site. Does not include Accessory Dwelling. See also Primary 
Structure. 
Adjacent. Abutting or located directly across a street right-of-way. 
Adjustment. A discretionary approval that modifies or waives a specific development standard, 
as expressly allowed under this Code (e.g., Section 4.2.510, Design Performance Option). 
Administrative. A discretionary action or permit decision made without a public hearing, but 
requiring public notification and an opportunity for appeal. 
Adult foster care. A family home or facility in which residential care is provided for five or 
fewer adults who are not related to the provider by blood or marriage. "Provider" means any 
person operating an adult foster care home. See also, "Group Home/Facility." 
City of Silverton 
Zoning and Development Code 
1-9 City Council Approved 
October 6, 2008 
1.5 - Definitions "F-G" 
Adverse impact or effect. Negative effect that can be measured (e.g., noise, air pollution, 
vibration, dust, glare, emissions, etc.). 
Affordable. Housing affordable to a certain percentage of the population earning a specified 
level of income and spending no more than 30 percent of their income on housing expenses. For 
more information, contact the federal Department of Housing and Urban Development and the 
Oregon Department of Housing and Community Services. 
Aged person. An individual 65 years of age or older. 
Agriculture. See use category under Chapter 1.6, and ORS 215.203(2)(a). 
Alley. See Transportation-Related definitions. 
Alteration. See Development-Related definitions. 
Ambient. Normal or background environmental condition, as in the level of light, dust or noise. 
Applicant. A person who applies for a land use review or building permit. An applicant can be 
the owner of the property or someone who is representing the owner, such as a builder, 
developer, optional purchaser, consultant, or architect. 
Arborist. A professional listed as a certified arborist or a registered consulting arborist. 
Arterial. See Transportation-Related definitions. 
Articulate/articulation. The joining and interrelating of building spaces through offsets, 
projections, overhangs, extensions and similar features. 
Attached house (townhouse or rowhouse). See Residential Structure Types. 
Attached structure. See Development-Related definitions. 
Automobile-dependent/oriented development. See Development-Related definitions. 
Automobile-oriented use. See Development-Related definitions. 
City of Silverton 
Zoning and Development Code 
1-10 City Council Approved 
October 6, 2008 
1.5 - Definitions "F-G" 
B 
Bed and breakfast inn. Any establishment located in a structure designed for a single family 
residence and structures appurtenant thereto, that: 
(a) Has more than two, but less than five rooms for rent on a daily basis to the public; and 
(b) Offers a breakfast meal as part of the cost of the room. 
(c) Developed in accordance with Section 2.2.200 
Berm. A small rise or hill in a landscape that is intended to buffer or visually screen certain 
developments, such as parking areas. 
Block. All of the property bounded by streets, rights-of-way, and water features, but is not 
divided or separated in any way by streets or water features. 
Block frontage. All of the property fronting on one side of a street that is between intersecting or 
intercepting streets, or that is between a street and a water feature, or end of a dead end street. An 
intercepting street determines the boundary of the block frontage only on the side of the street 
that it intercepts. See Figure. 
Block Frontage 
V / / / / / / / / / / / / A 
STREET A 
V S / / / / / S / S / / / / / / / / s 
m 
Block frontages 
alone street A 
Bollard. A permanent or removable post of metal, wood or masonry that is used to separate or 
direct traffic (vehicles, pedestrians and/or bicycles); may contain sidewalk or pathway lighting. 
Boulevard. See Transportation-Related definitions 
Building. A structure that has a roof and is enclosed on at least 50 percent of the area of its sides. 
See Development-Related definitions for related definitions. 
Building Official. The person who enforces the building ordinances and regulations for the City, 
and other ordinances and regulations as assigned. 
Build-to Line. See Development-Related definitions. 
Business Street. Any block length along any street, other than an arterial, within which there is 
or will be provided access to one or more commercial structures which in the judgment of the 
Planning Commission will result in a high volume of business traffic on such street. 
City of Silverton 
Zoning and Development Code 
1-11 City Council Approved 
October 6, 2008 
1.5 - Definitions "F-G" 
C 
Canopy. A permanent roofed structure that may be free-standing or be partially attached to a 
building, for the purpose of providing shelter to patrons on foot and/or in motor vehicles; does 
not include a completely enclosed structure. See also, Tree Canopy, under Environment-Related 
definitions. 
Capacity. Maximum holding or serviceability, as used for transportation, utilities, parks and 
other public facilities. 
Carport. A stationary structure consisting of a roof, its supports, not more than one wall or 
storage cabinets substituting for a wall, used to shelter motor vehicles, recreational vehicles, or 
boats. 
Centerline radius. The radius of a centerline of a street right-of-way. 
Certificate of Occupancy. A certificate of occupancy or a certificate of inspection issued by the 
City at the completion of a building permit or change of occupancy. 
Change in Occupancy. A change in the use of a structure that results in a different classification 
as defined by this Code or the International Building Code. 
Change of Use. Change in the primary type of use on a site. 
Child care center, family child care. See Use Categories, Sections 1.6.430 and 1.6.440. 
City. The City of Silverton, Oregon. 
Clear and objective. Decision criteria and standards that do not involve substantial discretion 
or individual judgment in their application. 
Clear zone. The ground area under the Approach Surface which extends from the end of the 
runway to a point where the Approach Surface is 50 feet above the runway in elevation. 
Clearing. See Development-Related Definitions. 
Collector. See Transportation-Related definitions. 
Commercial. Land use involving buying/selling of goods or services as the primary activity. 
Common area. Land commonly owned to include open space, landscaping or recreation 
facilities (e. g. , typically owned by a homeowners' association). 
Comprehensive Plan. The current adopted Comprehensive Plan of the City of Silverton. 
Conditional use. A use that requires a Conditional Use review. See Chapter 4.4. 
City of Silverton 
Zoning and Development Code 
1-12 City Council Approved 
October 6, 2008 
1.5 - Definitions "C-D" 
Condominium. See Residential Structure Types. 
Conservation easement. See Environment-Related definitions. 
Corner Lot. See Lot, Corner Lot. 
Corner radius. The radius of a street corner, as measured around the curb or edge of pavement. 
Cottage. See Residential Structure types. 
Council. The City Council of Silverton, Oregon. 
Courtyard. See Development-Related definitions. 
Crown cover. See Environment-Related definitions. 
D 
Days. Calendar days, unless specifically stated as working days. Working days include Monday 
through Friday, excluding holidays. 
Dead-End Street. See Transportation-Related Definitions. 
Dedication. The designation of land by its owner for any public use as shown on a subdivision 
plat or deed. The term may also be used for dedications to a private homeowners' association. 
Density(ies). A measurement of the number of dwelling units in relationship to a specified 
amount of land. As used in this Code, density is determined based on the gross parcel or lot area, 
which includes land that will be dedicated as right-of-way through the development process. It 
does not include land previously dedicated as right-of-way. Density is a measurement used 
generally for residential uses. 
Design review. A development review that addresses site and building design requirements of 
the applicable land use district and the design standards and public improvement requirements of 
this Code. See Chapter 4.2. 
City of Silverton 
Zoning and Development Code 
1-13 City Council Approved 
October 6, 2008 
1.5 - Definitions "E - Environment Related" 
Development-Related Definitions 
• Alteration. A physical change to a structure or site. Alteration does not include normal 
maintenance and repair or total demolition. (See also, Interior/Exterior Alteration.) 
Alteration does include the following: 
- Changes to the exterior of a building; 
- Changes to the interior of a building; 
- Increases or decreases in floor area of a building; 
- Changes to other structures on the site, or the development of new structures; 
- Changes to exterior improvements; 
- Changes to landscaping; and 
- Changes in the topography of the site. 
• Arcade. An arched or covered passageway, e.g., along building fronts or between streets. 
• Attached structure. Any structure that is attached to another structure by a common 
wall, by a roof, or by structural connections that allow pedestrian access to both 
structures. For example, decks or stairways are attached structures when they are 
connected to another structure. A garage may be attached to another structure by sharing 
a wall or by a breezeway. Structures connected by an "I" beam or similar connections are 
not considered attached. 
• Automobile-dependent development. Primary or accessory uses servicing motor 
vehicles, or patrons in motor vehicles, such as motor vehicle repair, gas station, car wash, 
auto and truck sales, drive-up windows, kiosks, and similar uses. 
• Automobile-oriented development. Development in which the site layout and design 
gives preference to automobiles as the primary mode of transportation; generally 
discouraged in all residential areas and most commercial and light industrial areas. 
• Building. A structure that has a roof and is enclosed on at least 50 percent of the area of 
its sides. 
• Building area. The total area of a building, both above and below ground, measured 
from the exterior faces of a building or structure. Gross building area does not include the 
following: 
- Roof area; 
- Roof top mechanical equipment; and 
- Roofed porches, exterior balconies, or other similar areas, unless they are enclosed by 
walls that are more than 42 inches in height, for 50 percent or more of their perimeter. 
• Building coverage. The area that is covered by buildings, and decks, stairways and entry 
bridges that are more than 30 inches above grade. Eaves are not included in building 
coverage. Building coverage is included within Lot Coverage. See also, Lot Coverage. 
City of Silverton 
Zoning and Development Code 
1-14 City Council Approved 
October 6, 2008 
1.5 - Definitions "E - Environment Related" 
Building envelope. Area outside of all required setbacks, easements or other constraints 
on a lot which could accommodate a structure(s). 
Building footprint. The outline of a building, as measured around its foundation, or 
Building Coverage, whichever is greater. 
Building height. The vertical distance from the grade plane to the average height of a 
gable roof, or the top of a Mansard or Flat roof including the parapet walls. 
\ ; 
— 1 
-
nnn^ inn ' 
1 I I 
Filched or hip mof Mareanliuof Flat iw F 
Building height step-down. A development standard that requires a transition in 
allowable building height, whereby the buildings in a specific land use district must 
"step-down" in elevation where they abut a lower-intensity land use district. 
Building line. A line running parallel to a lot line that is the same distance from the lot 
line as the closest portion of a building on the site. See Figure. 
Building Lines 
Example of a front building line and 
a side street building line. 
• Building mass. The aggregate size of a building, or the total height, width, and depth of 
all its parts. 
• Building pad. A vacant building site on a lot with other building sites. 
• Building scale. The dimensional relationship of a building and its component parts to 
other buildings. 
City of Silverton 
Zoning and Development Code 
1-15 City Council Approved 
October 6, 2008 
1.5 - Definitions "E - Environment Related" 
• Build-to line. A maximum distance, or range within which, a building must be setback 
from a street right-of-way for pedestrian-orientation and human-scale design. 
• Clearing. Any activity that removes existing vegetation or strips surface material from 
any portion of the site. 
• Cornice. The projecting horizontal element that tops a wall or flat roof. 
• Courtyard. A court or enclosure adjacent to a building, which usually provides 
amenities such as gardens, planters, seating, or art. 
• Develop. To construct or alter a structure or to make a physical change to the land 
including excavations and fills. 
• Development. All improvements on a site, including buildings, other structures, parking 
and loading areas, landscaping, paved or graveled areas, and areas devoted to exterior 
display, storage, or activities. Development includes improved open areas such as plazas 
and walkways, but does not include natural geologic forms or unimproved land. See also 
Exterior Improvements. 
• Driveway. There are two types of driveways: 
1. The area that provides vehicular access to a site from a street. A driveway is the 
same width as the curb cut excluding any aprons or extensions of the curb cut. 
This type of driveway begins at the street and extends into the site. A driveway 
does not include parking, maneuvering, or circulation areas in parking areas, such 
as aisles; and 
2. The area that provides vehicular circulation between two or more noncontiguous 
parking areas. A driveway does not include maneuvering or circulation areas 
within the interior of a parking area. Where required by Code for fire safety, a 
driveway must be used exclusively for circulation, with no abutting parking 
spaces. 
• Driveway apron/approach. The edge of a driveway where it abuts a public way; usually 
constructed of concrete. 
• Eave. Projecting overhang at the lower border of a roof and extending from a primary 
wall or support. See Figure. 
City of Silverton 
Zoning and Development Code 
1-16 City Council Approved 
October 6, 2008 
1.5 - Definitions "E - Environment Related" 
Eave 
• Exterior Alteration. An alteration that is outside any buildings. 
• Exterior Improvements. All improvements except buildings or other roofed structures. 
Exterior improvements include surface parking and loading areas, paved and graveled 
areas, and areas devoted to exterior display, storage, or activities. It includes improved 
open areas such as plazas and walkways, but does not include vegetative landscaping, 
natural geologic forms, or unimproved land. See also Development. 
• Facade. The front or street-facing elevation of a structure. 
• Fire apparatus lane or fire lane. A road or other way developed to allow the passage of 
fire apparatus. A fire lane is not necessarily intended for vehicular traffic other than fire 
apparatus. 
• Fire Code. The State of Oregon 2007 Fire Code Amendments, based on the International 
Fire Code 2006 Edition, or as amended by the City of Silverton. 
• Floor area. The total floor area of a building, both above and below ground with a clear 
ceiling height of at least seven (7) feet. Floor area is measured from the interior walls of a 
building or structure and does not include the following: 
- Roof area; 
- Roof top mechanical equipment; and 
- Roofed porches, exterior balconies, or other similar areas, unless they are enclosed by 
walls that are more than 42 inches in height, for 50 percent or more of their perimeter. 
• Foundation plane. The surface area defined by a structure's foundation, including the 
perimeter of all footings, slabs and pads. 
• Grading. All cuts, fills, embankments, stockpile areas, and equipment maneuvering areas 
associated with development. 
• Impervious surface. Surface area that does not allow for water infiltration or has a 
runoff coefficient of 0.90 or more (e. g., non-permeable pavement, solid rock, roofs, 
foundations, underground tanks and vaults, and similar areas). Gravel is deemed an 
impervious surface unless the City Engineer finds otherwise. 
City of Silverton 
Zoning and Development Code 
1-17 City Council Approved 
October 6, 2008 
1.5 - Definitions "E - Environment Related" 
• New Development. Development of a site that was previously unimproved or that has 
had previously existing buildings demolished; e.g., not a remodel of an existing building. 
• Paved area. An uncovered, hard-surfaced area or an area covered with a perforated hard 
surface (such as porous concrete or pavers) that is able to withstand vehicular traffic or 
other heavy-impact uses. Graveled areas are not paved areas but are typically impervious. 
• Pedestrian amenity(ies). Areas and objects that serve as places for public socializing 
and enjoyment and are usually closed to motorized vehicles. Examples include plazas, 
building frontage areas (extra-wide sidewalks), street furnishings (e. g. , benches, 
drinking fountains, bus waiting shelters), and pocket parks adjacent to a street, and 
similar areas and objects. Sidewalks designed to meet the minimum sidewalk width 
standards under Section 3.4 are not "amenities" for the purpose of this Code. 
• Pedestrian-Oriented Development. Development that is designed with an emphasis 
primarily on the street sidewalk and on pedestrian access to the site and building, rather 
than on auto access and parking areas. The building is generally placed close to the street 
and the main entrance is oriented to the street sidewalk. There are generally windows or 
display cases along building facades which face the street. Typically, buildings cover a 
large portion of the site. Although parking areas may be provided, they are generally 
limited in size and they are not emphasized by the design of the site. 
• Ridge line (building). The top of a roof at its highest elevation. 
• Roof pitch. The slope of a roof, usually described as ratio (e. g. , 1 foot of rise per 2 feet 
of horizontal distance equals 6:12 roof pitch). 
• Shared driveway. When land uses on two or more lots or parcels share one driveway. 
An easement or tract (owned in common) must be created and recorded for this purpose. 
• Shared parking. Required parking facilities for two or more uses, structures, or lots or 
parcels, which are satisfied jointly with the same facilities. See Chapter 3.3 
• Shopping street. A driveway in a commercial development that is designed to mimic a 
public street with sidewalks, tree wells, pedestrian lighting, and street furnishings. A 
shopping street may also have on-street parking. 
• Stormwater facility. A facility designed to improve the quality and manage the quantity 
of stormwater runoff. Stormwater facilities include vegetated swales and sand filters, wet 
or dry ponds, marshes, infiltration facilities, and structural storm sewer devices. 
Stormwater facilities do not include conveyance systems that are meant only for 
conveying the stormwater from one place to another and do not affect the quality or 
quantity of the stormwater. 
City of Silverton 
Zoning and Development Code 
1-18 City Council Approved 
October 6, 2008 
1.5 - Definitions "E - Environment Related" 
• Storefront character. The character expressed by buildings placed close to the street 
with ground-floor display windows, weather protection (e.g., awnings or canopies), 
corner building entrances or recessed entries, and similar features. 
• Street-facing fa?ade/wall. All the wall planes of a structure as seen from one side or 
view that are at an angle of 45 degrees or less from a street lot line. See Figure below. 
• Street furniture/furnishings. Benches, lighting, bicycle racks, drinking fountains, mail 
boxes, kiosks, and similar pedestrian amenities; may be located within a street 
furnishings zone or building front zone of a sidewalk or in a plaza. See also, Pedestrian 
Amenities. 
• Structure. Any object constructed in or on the ground. Structure includes buildings, 
decks, fences, towers, flag poles, signs, and other similar objects. Structure does not 
include paved areas or vegetative landscaping materials. 
• Structure height. The height of a structure, and the cumulative height of a building with 
any appurtenant structures. 
• Swale. A type of storm water facility. Usually a broad, shallow depression with plants 
that filter and process contaminants. 
• Vehicle areas. All of the areas on a site where vehicles may circulate or park including 
parking areas, driveways, drive-through lanes, and loading areas. See also, Driveway and 
Parking Area. 
City of Silverton 
Zoning and Development Code 
1-19 City Council Approved 
October 6, 2008 
1.5 - Definitions "F-G" 
Development Review. A generic term meaning any type of review undertaken to ensure 
compliance with this code. 
Disabled Person. For the purposes of this Code, a disabled person is a person who has a 
condition of physical or mental disability that substantially limits one or more major life 
activities as stated in Section 504 of the Federal Rehabilitation Act of 1973 and state law. 
Discontinued use. A use that physically left the land it was on, a permitted use that ceased, or a 
use terminated at the end of a lease or contract. See Chapter 5.2, Non-Conforming Uses and 
Developments. A use is considered temporarily discontinued during the first year after it ceases, 
after which it is considered permanently discontinued. 
Discretionary. A permit action or decision that involves substantial judgment or discretion. 
Disturbance area. See Environment-Related Definitions 
Drainage way. See Environment-Related Definitions 
Drip-line. See Environment-Related Definitions 
Drive-through/Drive-up facility. A facility or structure that is designed to allow drivers to 
remain in their vehicles before and during an activity on the site. Drive-through facilities are a 
type of site development that is usually found in conjunction with a Quick Vehicle Servicing use 
or a Retail Sales and Service use. Drive-through/drive-up facilities also include facilities 
designed for the rapid servicing of vehicles, where the drivers may or may not remain in their 
vehicles, but where the drivers usually either perform the service for themselves, or wait on the 
site for the service to be rendered. Drive-through facilities may serve the primary use of the site 
or may serve accessory uses. Examples are drive-up windows; automatic teller machines; coffee 
kiosks and similar vendors; menu boards; order boards or boxes; gas pump islands; car wash 
facilities; auto service facilities, such as air compressor, water, and windshield washing stations; 
quick-lube or quick-oil change facilities; and drive-in theaters. 
Driveway. See Development-Related Definitions for examples and related definitions. 
Duplex. See Residential Structure Types. 
Dwelling Unit. A building, or a portion of a building, that has independent living facilities 
including provisions for sleeping, cooking, and sanitation, and that is designed for residential 
occupancy by a group of people. Buildings with more than one set of cooking facilities are 
considered to contain multiple dwelling units or accessory dwelling units, unless the additional 
cooking facilities are clearly accessory to the primary use, such as an outdoor grill. See also, 
Residential Structure Types for examples and related definitions. 
Drought-tolerant/drought-resistant plants or xeriscaping. As listed and described in the 
Sunset Western Garden Book (latest edition) or similar authoritative regional resource approved 
by the City. 
City of Silverton 
Zoning and Development Code 
1-20 City Council Approved 
October 6, 2008 
1.5 - Definitions "E - Environment Related" 
E 
Easement. A grant of rights by a property owner that allows others to use the owner's land for a 
specific purpose, such as access, or to locate utilities. Recorded and on record at Marion County. 
Eave. See Development-Related Definitions for illustration and related definitions. 
Elevation. Scaled drawing of the outside wall of a building or structure, from grade to roof 
ridgeline, typically specifying materials, color, and dimensions. 
Environment-Related Definitions 
• Conservation easement. An easement that protects identified conservation values of the 
land, such as wetlands, woodlands, significant trees or groves, floodplains, wildlife 
habitat, and similar resources, typically in perpetuity. 
• Crown cover. The area directly beneath the crown and within the drip line of a tree or 
shrub. The crown consists of the above ground branches, stems, and leaves. 
• Detention facility (stormwater). The temporary storage of stormwater (i.e., as in a 
stormwater detention facility) before it is released through an engineered system that is 
designed to slow runoff. Detention facilities may be designed to filter or biologically 
process stormwater runoff, improving water quality before it is released. See also, 
Retention. 
• Disturbance area. An area that contains all temporary and permanent development, 
exterior improvements, and staging and storage areas on the site, both existing and 
proposed. Vegetation planted for resource enhancement and agricultural and pasture land 
is not included. 
• Drainage land. Land required for drainage ditches or required along a natural stream or 
watercourse for preserving the channel and providing for the flow of water therein to 
safeguard the public against floor damage or the accumulation of surface water. 
• Drainage way. An open linear depression, whether constructed or natural, that functions 
for the collection and drainage of surface water. It may be permanently or temporarily 
inundated. 
• Drip-line. Imaginary line around a tree or shrub at a distance from the trunk equivalent to 
the canopy (leaf and branch) spread. 
• Ecologically/Scientifically significant natural areas. Land and water that has 
substantially retained its natural character, but is not necessarily completely natural or 
undisturbed, and which is significant for historical, scientific, paleontological, 
archeological, or natural features. 
City of Silverton 
Zoning and Development Code 
1-21 City Council Approved 
October 6, 2008 
1.5 - Definitions "E - Environment Related" 
• Fish and wildlife habitat areas. Lands that contain significant food, water, or cover for 
native terrestrial and aquatic species of animals. Examples include forests, fields, riparian 
areas, wetlands, and water bodies. 
• Flood or flooding. As designated by the National Flood Insurance Act of 1968, the 
general and temporary condition of partial or complete inundation of normally dry land 
areas from: 
a. The overflow of streams, rivers or other inland water 
b. The unusual and rapid accumulation or runoff of surface waters from any source. 
c. Mudslides (i.e., mudflows). 
d. Flooding also means the collapse or subsidence of land along a water body as a result 
of erosion or undermining exceeding anticipate levels or suddenly caused by an 
usually high water level. 
• Flood elevation determination. A determination by the Federal Insurance Administrator 
of the water surface elevations of the base flood from the best available data source. 
• Flood hazard area. Areas subject to periodic water inundation, as identified on the 
Flood Insurance Rate Map for Marion County and its incorporated communities. 
• Flood hazard map. The official map of Silverton is the Flood Insurance Rate Map 
(FIRM) for Marion County and Incorporated Communities. The FIRM delineates a 
Special Flood Hazard Area or floodplain where regulations apply. 
• Flood Plain. A physical geographic term describing any land area susceptible to being 
inundated by water from any source. 
• Flood Plain Management. Means the operation of an overall program of corrective and 
preventative measures for reducing flood damage, including but not limited to emergency 
preparedness plans, flood control works and flood plain management regulations. 
• Floodproofing. Any combination of structural and nonstructural additions, changes or 
adjustments to structures that reduce or eliminate flood damage to real property, water 
and sanitary facilities, structures, and their contents. 
• Floodway, regulatory. The channel of a river or other water course and the adjacent land 
areas that must be reserved in order to discharge the waters of a base flood without 
cumulatively increasing the water surface elevation. 
• Identified natural features (e.g., wetlands or streams). Natural features that are 
identified in the National Wetlands Inventory and/or other references used by the City or 
natural resource regulatory agency, as being significant and in need of protection. 
City of Silverton 
Zoning and Development Code 
1-22 City Council Approved 
October 6, 2008 
1.5 - Definitions "E - Environment Related" 
• Retention facility (stormwater). The infiltration of stormwater (i.e., as in a stormwater 
retention facility) in an engineered system that is designed to contain runoff on a 
development site. Retention facilities are typically designed to filter or biologically 
process stormwater runoff, improving water quality before it is released. See also, 
Detention. 
• Riparian areas. Lands adjacent to rivers, streams, lakes, ponds, and other water bodies. 
They are transitional between aquatic and upland zones, and as such, contain elements of 
both aquatic and terrestrial ecosystems. They have high water tables because of their 
close proximity to aquatic systems, soils that are usually made up largely of water-carried 
sediments, and some vegetation that requires free (unbound) water or conditions that are 
more moist than normal. 
• Sensitive lands. Wetlands, significant vegetation, steep slopes, flood plains and other 
natural resource areas designated for protection or conservation by the Development 
Code, Comprehensive Plan, refinements to the Comprehensive Plan, or individual site 
inventory or study as may be required by the City, State or Federal natural resource 
agency through the development review process.. 
• Shoreline. Banks and other areas adjacent to a river, stream, creek, lake or similar water 
body. 
• Shoreline stabilization. The protection of a shoreline by City-approved vegetative or 
structural means. 
• Stream. An area where enough natural surface water flows to produce a stream channel, 
such as a river or creek that carries flowing surface water either intermittently or during 
most of the year. This includes: 
- The water itself, including any vegetation, aquatic life, or habitat; 
- Beds and banks below the high water level that may contain water, whether or not 
water is actually present; 
- The floodplain between the high water levels of connected side channels; 
- Beaver ponds, oxbows, and side channels if they are connected by surface flow to the 
stream during a portion of the year; and 
- Stream-associated wetlands. 
• Stream channel. An area with evidence of perennial or seasonal water passage. The 
depression between the banks worn by the regular and usual flow of the water. The 
channel need not contain water year-round. This definition does not include irrigation 
ditches, canals, storm or surface water runoff devices, or other entirely artificial 
watercourses. 
• Top of bank. The first major change in the slope of the incline from the ordinary high 
water level of a water body. A major change is a change of ten degrees or more. If there 
is no major change within a distance of 50 feet from the ordinary high water level, then 
the top of bank will be the elevation 2 feet above the ordinary high water level. 
City of Silverton 
Zoning and Development Code 
1-23 City Council Approved 
October 6, 2008 
1.5 - Definitions "C-D" 
• Tree canopy. The ground area that, when viewed from above the crown of one or more 
trees, is mostly covered by the tree(s). For deciduous trees, canopy area is based on the 
time of year when foliage is present. 
• Water bodies. Permanently or temporarily flooded lands that may lie below the 
deepwater boundary of wetlands. Water bodies include rivers, streams, creeks, sloughs, 
drainage ways, lakes, and ponds. 
• Wetland. An area that is inundated or saturated by surface or ground water at a 
frequency and duration sufficient to support, and that under normal circumstances does 
support, a prevalence of vegetation typically adapted for life in saturated soil conditions. 
Wetlands include swamps, marshes, bogs, and similar areas. 
Evidence. Application materials, plans, data, testimony and other factual information used to 
demonstrate compliance or non-compliance with a code standard or criterion. 
Excavating or filling. The removal, placement, or replacement of earth, concrete, asphalt, and 
similar non-decomposable materials whether permanent or temporary in nature. Excavating or 
filling does not include the movement of earth or placement of gravel, asphalt, or other paving 
materials that is done in conjunction with road improvements. It does not include the excavation 
of mineral or aggregate resources. Excavating or filling includes the terms grading, preloading, 
surcharging, and stockpiling. 
Exterior display. Exterior display includes the outdoor display of products, vehicles, equipment, 
and machinery for sale or lease. Exterior display is an outdoor showroom for customers to 
examine and compare products. There is variety or a distinction among the goods on display, 
through different products, brands, or models. The display area does not have to be visible to the 
street. Exterior display does not include goods that are being stored or parked outside, if there is 
no variety or distinction among the goods, and the goods are not examined and compared by 
customers. It does not include damaged or inoperable vehicles, vehicles or equipment being 
serviced, bulk goods and materials, and other similar products. Exterior display does not include 
car and boat sales and leasing when such vehicles are not accessible to customers to inspect and 
compare; this situation is considered exterior storage. Examples of uses that often have exterior 
display are car and boat sales and leasing, and plant nurseries. See also, Exterior Work Activities 
and Exterior Storage. 
Exterior improvements. See Development-Related Definitions. 
Exterior storage. Exterior storage includes the outdoor storage of goods that generally have 
little or no differentiation by type or model. The goods may be for sale or lease, but if so, they 
are the type that customers generally do not inspect and compare. Exterior storage also includes 
the outdoor storage of goods for sale, lease or rent that may be differentiated by type or model, 
but that are not accessible for customers to inspect or compare. Exterior storage includes the 
storage of raw or finished goods (packaged or bulk), including gases, oil, chemicals, gravel; 
building materials, packing materials; salvage goods; machinery, tools, and equipment; vehicles 
City of Silverton 
Zoning and Development Code 
1-24 City Council Approved 
October 6, 2008 
1.5 - Definitions "C-D" 
that are for sale, lease or rent, which are not accessible to the customer to inspect or compare; 
vehicles that have been unloaded at port facilities and are waiting transport to off-site locations; 
vehicles that have been towed and are being kept in an impound lot; and other similar items. The 
storage of recreational vehicles outdoors is also considered exterior storage. Damaged or 
inoperable vehicles, or vehicles that have missing parts, which are kept outside are also included 
as exterior storage. Examples of uses that often have exterior storage are lumber yards, wrecking 
yards, tool and equipment rental, bark chip and gravel sales, car dealerships or car rental 
establishments, and port facilities. See also, Exterior Display and Exterior Work Activities. 
Exterior work activities. Exterior work activities include the outdoor processing, assembly, or 
fabrication of goods; the maintenance, repair, and salvage of vehicles and equipment; and other 
similar activities that generally have an industrial orientation. Exterior work activities do not 
include normal pick-up and deliveries to a site, parking, excavation and fills, exterior eating 
areas, outdoor recreation, or outdoor markets. See Exterior Display and Exterior Storage. 
F 
Facade. The front or street-facing elevation of a structure. See Development-Related definitions 
for related definitions. 
Family day care. See Child Care Center, Family Child Care. 
Farming or farm use. As used in this Code, "agriculture" is the same as "farm use". [See ORS 
215.203(2)(a).] Includes utilization of land to raise, harvest, or sell crops; feed, breed, manage, 
and sell livestock, poultry, fur-bearing animals, honeybees, or their produce; dairy and sell dairy 
products; or any other agricultural or horticultural use, animal husbandry, timber agricultural use, 
or combination thereof. Farm uses include preparation or processing and storage of products 
raised on such land, but do not include construction or use of dwellings and other buildings 
customarily provided in conjunction with farm uses. 
Fence. An accessory structure, including landscape planting, wood, vinyl, masonry, or any other 
material, designed and intended to serve as a barrier or as a means of enclosing a yard or other 
area, or other structure, or to serve as a boundary feature separating two or more properties. 
Festoon Light. A group of two (2) or more incandescent light bulbs hung or strung overhead, 
not on a building or structure that is exposed to persons on a public right-of-way, or that are not 
shaded or hooded to prevent the direct rays of the light from being visible from the property line. 
Final plat. The diagrams, drawings, and other writing containing all the descriptions, locations, 
dedications, provisions and information concerning a land division. 
Fire apparatus lane or fire lane. A road or other way developed to allow the passage of fire 
apparatus. A fire lane is not necessarily intended for vehicular traffic other than fire apparatus. 
Flag. A piece of cloth or other flexible material attached to a staff, cord, bracket, or structure. 
City of Silverton 
Zoning and Development Code 
1-25 City Council Approved 
October 6, 2008 
1.5 - Definitions "F-G" 
Flag Lot. A lot with two distinct parts: 
- The flag, which is the only building site; and is located behind another lot; and 
- The pole, which connects the flag to the street; provides the only street frontage for 
the lot; and at any point is less than the minimum lot width for the zone. See Lot. 
Flood hazard area. See Environment-Related definitions. 
Floor area. See Development-Related definitions for examples and excluded areas. 
Foundation plane. See Development-Related definitions. 
Foot-candle. A unit of illumination (light standards), equal to one lumen per square foot, or the 
amount of light from a source of one candela directly thrown on a square foot of surface at a 
distance of one foot. 
Frontage. The dimension of a property line abutting a public or private street. 
Frontage street or road. A minor street that parallels an arterial street or highway in order to 
provide access to abutting properties and minimize direct access onto the arterial or highway. 
Functional classification. The classification given to streets by the road authority (e. g. , 
"local/collector/arterial"). See Transportation-Related definitions, and Section 3.4.100 for street 
standards. 
Future division plan or future development plan. A document that shows lot, tract and right-
of-way boundaries for all potential future phases of a land division. The plan is not binding on 
the City or the applicant. The purpose of the plan is to document that the design of the first phase 
of the plan does not preclude future phases from meeting City standards. 
G 
Garage. A covered structure designed to provide shelter for vehicles, and which is accessory to a 
use in these structure types: houses, attached houses, duplexes, mobile homes, or houseboats. 
Carports are considered garages. Floor area adjacent to the space designed to provide shelter for 
vehicles, if not entirely separated from the garage area by floor-to-ceiling walls, is considered 
part of the garage. A garage may be attached to or detached from another structure. 
Gas Station/Fuel Station. A facility selling fuel and lubricants for street motor vehicles which 
does not include services such as oil changes and mechanical repairs to automobiles. See also, 
definition of Service Station; and see Chapter 1.4 for specific land use categories. 
Grade. A reference plane representing the average finished grade elevation. This elevation is to 
be measured on the fire lane side of the building along at a point six (6) feet from the building or 
along the property line whichever is closer to the building. 
Grading. See Development-Related Definitions. 
City of Silverton 
Zoning and Development Code 
1-26 City Council Approved 
October 6, 2008 
1.5 - Definitions "C-D" 
Ground cover. Living or processed plant material (e. g. , mulch, bark chips) that is used to cover 
bare ground. See Chapter 3.2, Landscaping. 
Group living structure. See Residential Structure Types. 
H 
Hardscape. Non-vegetative landscape materials or installations, including pathways, decorative 
pavers, benches, drinking fountains, arbors, pergolas, playgrounds, plazas, and similar amenities. 
Hazardous Substances. Any substance, material, or waste listed below: 
• Nuclear or radioactive materials or waste; 
• Chemicals Subject to Reporting Under Title III of the Superfund Amendments and 
Reauthorization Act (SARA) of 1986, published July, 1987, U.S. Environmental 
Protection Agency; and 
• Hazardous Materials Table, in the Code of Federal Regulations (CFR), Title 49, Part 
172.101. 
Historic Landmark - Related Definitions 
• Alteration: An addition, removal, or reconfiguration which significantly changes the 
character of an historic resource, including new construction in historic districts. Does 
not include normal maintenance and repair. 
• Contributing Historic Resource: A resource that retains its architectural integrity and is 
within the period of significance as defined in that resource's National Historic Register 
nomination application. 
• Demolition: The razing, destruction, or dismantling of a resource to the degree that its 
historic character is substantially obliterated. 
• Designated Landmark: A property officially recognized by The City of Silverton, 
Marion County, as important in its history. 
• Designated Landmark Register: The list of, and record of information about, properties 
officially recognized by The City of Silverton, Marion County, as important in its history. 
• Historic Significance: An individual building, structure, site, tree, landscape, or other 
object that has been determined to have importance because of its past relationship to any 
of the following: 
1. The importance of its designer, previous owners, or builder, in local, state or 
national history; 
2. The quality of its architecture or landscaping; 
City of Silverton 
Zoning and Development Code 
1-27 City Council Approved 
October 6, 2008 
1.5 - Definitions "H - Historic Landmark Related" 
3. The fact that it is one of a few remaining examples of a building type that is of 
significance in local, state, or national history; 
4. Association with a significant cultural or ethnic group or the role that it has played 
in shaping local, state or national history. 
• Historic Integrity: The quality or wholeness of historic location, design, setting, 
materials, workmanship, feeling, and/or association of a resource, as opposed to its 
physical condition. 
• Historic Resource: A building, structure, object, site, or district which meets the 
significance and integrity criteria for designation as a landmark. Resource types are 
further described as: 
1. Building: A construction made for purposes of shelter or habitation, e.g. house, 
barn, store, theater, train station, garage, school, etc. 
2. Structure: A construction made for functions other than shelter or habitation, e.g. 
bridge, windmill, dam, highway, boat, kiln, etc. 
3. Object: A construction which is primarily artistic or commemorative in nature 
and not normally moveable or part of a building or structure, e.g. statue, fountain, 
milepost, monument, sign, etc. 
4. Site: The location of a significant event, use, or occupation which may include 
associated standing, ruined, or underground features, e.g. battlefield, shipwreck, 
campsite, cemetery, natural feature, garden, food gathering area, etc. 
5. District: A geographically defined area possessing a significant concentration of 
buildings, structures, objects, and/or sites which are unified historically by plan or 
physical development, e.g. downtown, residential neighborhood, military 
reservation, ranch complex, etc. 
• Historic Resource of Statewide Significance: Buildings, structures, objects, sites, and 
districts which are listed on the National Register of Historic Places. 
• Inventory of Historic Resources: The record of information about resources potentially 
significant in the history of the City of Silverton, Marion County. 
• Non-contributing Resource: New construction or construction that has occurred in a 
period outside that identified as the significant period in the resources National Register 
Historic Nomination or a resource that has lost its architectural integrity through 
modification. 
• Relocation: The removal of a resource from its historic context and placement in a 
different location. 
City of Silverton 
Zoning and Development Code 
1-28 City Council Approved 
October 6, 2008 
1.5 - Definitions "H - I - J" 
Home occupation, home occupation site. A business activity that is carried out on the same site 
as a dwelling unit, and which is accessory to the Household Living use on the site, subject to the 
provisions of Chapter 2.2 (Residential Districts) 
Hotel/Motel. A building or portion thereof designed and used for occupancy of transient 
individuals lodged with or without meals. (See ORS 446.310.) 
House. See "Dwelling Unit" under Residential Structure Types. 
Household. One or more persons related by blood, marriage, civil union, legal adoption or 
guardianship, plus not more than 5 additional persons, who live together in one dwelling unit; or 
one or more handicapped persons as defined in the Fair Housing Amendments Act of 1988, plus 
not more than 5 additional persons, who live together in one dwelling unit. 
Human-scale design/development. Site and building design elements that are dimensionally 
related to pedestrians, such as: small building spaces with individual entrances (e. g. , as is 
typical of downtowns and main street developments); larger buildings that have articulation and 
detailing to break up large masses; narrower streets with tree canopies; smaller parking areas or 
parking areas broken up into small components with landscaping; and pedestrian amenities, such 
as sidewalks, plazas, outdoor seating, lighting, weather protection (e. g. , awnings or canopies), 
and similar features. These features are all generally smaller in scale than those that are primarily 
intended to accommodate automobile traffic. (See also, Pedestrian-Oriented Development under 
Development-Related definitions. ) 
I 
Impervious surface. See Development-Related Definitions. 
Incidental and subordinate to. Secondary to, and less apparent, than the primary use or other 
portion of the development. 
Infill. The development of vacant, bypassed, or underdeveloped lands located in an area that is 
mainly developed. 
J 
Junk yard. (1) Any property or establishment on which one or more persons are engaged in 
breaking up, dismantling, sorting, storing, distributing, buying, or selling scrap or waste 
materials. (2) Any establishment or place of business on which two (2) or more inoperable motor 
vehicles or an equivalent volume of waste or refuse are maintained, stored, bought, or sold. 
Includes wrecking yards, automobile grave yards, garbage dumps, and scrap metal processing 
facilities. 
City of Silverton 
Zoning and Development Code 
1-29 City Council Approved 
October 6, 2008 
1.5 - Definitions "K - L" 
K 
Kennel. Any location where 5 or more dogs or cats aged 6 months or older are boarded or bred. 
The sale of these animals may be a part of the kennel use. Establishments where animals are 
offered for sale as the primary use, such as pet stores, are not classified as kennels. 
L 
Land division. The process of dividing land to create parcels or lots. See Chapter 4.3. 
Landing (stairs). A level part of a staircase, usually at the end of a flight of stairs.. 
Landmark, Historic. Historic Landmark designations may include buildings, sites, trees; a 
portion of a building or site; statues, signs, or other objects or spaces that the City or the Keeper 
of the National Register of Historic Places has designated or listed for their special historic, 
cultural, archaeological, or architectural merit. See Section 3.5, and Historic Resource-Related 
Definitions for examples and related definitions. 
Landscaping. Any combination of living plants such as trees, shrubs, plants, vegetative ground 
cover or turf grasses, and may include structural features such as walkways, fences, benches, 
plazas, works of art, reflective pools, fountains or the like. Also includes irrigation systems, 
mulches, topsoil, and re-vegetation or the preservation, protection and replacement of trees. 
Land use. The activity or activities that occur on a piece of land. Activities may be individually 
identified as primary or accessory uses. See also, Chapter 1.6., Use Categories. 
Land use approval. A land use decision for approval or approval with conditions. It includes 
any time limits or other restrictions that may apply to the land use decision. 
Land use district. As used in this code, a land use district is the same as a zoning district. 
Land Use Review. An application for land use approval under Section 4.2, or the review of such 
application. 
Lane, mid-block. Similar to an alley. See Transportation-Related definitions. 
Living area. The habitable floor area of a residential structure conforming to applicable building 
codes; typically does not include garage area, and attic and basement areas with substandard 
ceiling height or substandard egress. 
Legislative. A legislative action or decision is the making of law, as opposed to the application 
of existing law to a particular use (e.g., adoption of, or amendment to, a comprehensive plan or 
development regulation). See also, Chapter 4.1.500 (Type IV Procedure). 
Livestock. Domestic animal types customarily raised or kept on farms. See Agriculture. 
City of Silverton 
Zoning and Development Code 
1-30 City Council Approved 
October 6, 2008 
1.5 - Definitions "C-D" 
Local Improvement District ("LID"). A small public district formed for the purpose of 
carrying out local improvements (paving of streets, construction of storm sewers, development of 
a park, etc. ). Property owners within the LID are assessed for the cost of the improvements in 
accordance with ORS 223.387-223.485. 
Loading Area. The area for the maneuvering and standing of vehicles engaged in delivering and 
loading goods, freight, or other articles. See also, Chapter 3.3, Parking and Loading. 
Longest street-facing wall. The longest wall that faces a street. If two or more street-facing 
walls are of equal length, then the applicant chooses which is to be the longest street-facing wall 
for purposes of applying regulations of the Development Code. See also, Facade, and Chapter 
2.3, Building Orientation in Commercial Districts. 
Lot. A lot is a legally defined piece of land other than a tract that is the result of a subdivision. 
The following definitions for "lot" apply to the State definition of both lot, (result of 
subdividing), and parcel, (result of partitioning). See also, Ownership and Site. 
• Corner lot. A lot that has frontage on more than one intersecting street. A street that 
curves with angles that are 120 degrees or less, measured from the center line of the 
street, is considered two intersecting streets for the purpose of evaluating whether a lot is 
a corner lot. See Figures below. 
• Flag lot. A lot with two distinct parts (See Figure below): 
- The flag, which is the only building site; and is located behind another lot; and 
- The pole, which connects the flag to the street; provides the only street frontage for 
the lot; and at any point is less than the minimum lot width for the zone. 
• Interior lot. A lot that abuts other lots on two or more sides. 
• Through lot. A lot that has frontage on two parallel or approximately parallel streets. 
• Lot lines/property lines. The property lines along the edge of a lot or site. 
• Front lot line. A lot line, or segment of a lot line, that abuts a street. On a corner lot, the 
front lot line is the shortest of the lot lines that abut a street. If two or more street lot lines 
are of equal length, then the applicant or property owner can choose which lot line is to 
be the front lot line. However, a through lot has two front lot lines regardless of whether 
the street lot lines are of equal or unequal length. See Figures below. 
• Rear lot line. A lot line that is opposite a front lot line. A triangular lot has two side lot 
lines but no rear lot line. For other irregularly shaped lots, the rear lot line is the longest 
lot line that is most nearly opposite the front lot line. See Figures below. 
• Side lot line. A lot line that connects front and rear lot lines. On a corner lot, the longer 
lot line that abuts a street is a side lot line. See Figures below. 
City of Silverton 
Zoning and Development Code 
1-31 City Council Approved 
October 6, 2008 
1.5 - Definitions "C-D" 
• Side street lot line. A lot line that is both a side lot line and a street lot line. See Figures 
below. 
• Street lot line. A lot line, or segment of a lot line, that abuts a street. Street lot line does 
not include lot lines that abut an alley. On a corner lot, there are two (or more) street lot 
lines. Street lot line can include front lot lines and side lot lines. See Figures below. 
See lot types and lot line graphics on the following pages Corner Lots 
City of Silverton 
Zoning and Development Code 
1-32 City Council Approved 
October 6, 2008 
1.5 - Definitions "C-D" 
Flag Lot 
STREET 
Front and Side Lot Lines 
City of Silverton 
Zoning and Development Code 
1-33 City Council Approved 
October 6, 2008 
1.5 - Definitions "C-D" 
Street Lot Lines 
Lot Lines on Irregular Lots 
Lot of record. A lot of record is a plot of land: 
• that was not created through an approved subdivision or partition; 
• that was created and recorded before [date of code adoption]; and 
• for which the deed, or other instrument dividing the land, is recorded with the appropriate 
county recorder. 
See Chapter 5.3, Lots of Record 
Lot, double-frontage. See Lot, Through Lot. 
City of Silverton 
Zoning and Development Code 
1-34 City Council Approved 
October 6, 2008 
1.5 - Definitions "C-D" 
Lot area. The total surface area (measured horizontally) within the boundary lines of a lot. 
Lot coverage. The total area of a lot covered by the foundation plane, as allowed by the 
applicable land use district development standards. Does not include overhangs, eaves, 
projecting (e.g., cantilevered) decks, and similar projections beyond the foundation plane. 
Lot line adjustment. See Property Line Adjustment. 
M 
Main/Primary building entrance. A main entrance is the entrance to a building that most 
pedestrians are expected to use. Generally, each building has one main entrance. Main entrances 
are the widest entrance of those provided for use by pedestrians. In multi-tenant buildings, main 
entrances open directly into the building's lobby or principal interior ground level circulation 
space. When a multi-tenant building does not have a lobby or common interior circulation space, 
each tenant's outside entrance is a main entrance. In single-tenant buildings, main entrances open 
directly into lobby, reception, or sales areas. 
Major partition. A partition which includes the creation of a road or street and which does not 
result in the creation of more than two (2) or three (3) lots within a calendar year. See also, 
"Partition" and "Subdivision." 
Major remodeling. Projects where the floor area is being increased by 50 percent or more, or 
where the cost of the remodeling is greater than the assessed value of the existing improvements on 
the site. Assessed value is the value shown on the applicable county assessment and taxation 
records for the current year. 
Maneuvering area/aisle. The driving area in a parking lot where motor vehicles are able to turn 
around and access parking or loading spaces. 
Manufactured home/dwelling. Includes residential trailer, mobile home, and manufactured 
home. See also, Residential Structure Types. 
Manufactured home/dwelling park. Any place where four or more manufactured dwellings are 
located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, 
the primary purpose of which is to rent or lease space or keep space for rent or lease to any 
person for a charge or fee paid or to be paid for the rental or lease or use of facilities or to offer 
space free in connection with securing the trade or patronage of such person. "Manufactured 
dwelling park" does not include a lot or lots located within an approved subdivision being rented 
or leased for occupancy by no more than one manufactured dwelling per lot. See also, ORS 
Chapter 446. 
Master road plan. The plan(s) adopted by the Council of the City according to the procedures 
provided for this Title. 
City of Silverton 
Zoning and Development Code 
1-35 City Council Approved 
October 6, 2008 
1.5 - Definitions "C-D" 
Ministerial. A routine administrative action or decision that involves little or no discretion. The 
issuance of a building permit is generally such an action. See Chapter 4.1.200 (Type I Review). 
Mitigation. To avoid, rectify, repair, or compensate for negative impacts that result from other 
actions (e.g., improvements to a street may be required to mitigate for transportation impacts 
resulting from development.) 
Mixed-use. The combination on a site of residential uses with commercial (e.g., office, retail, or 
services), civic, or industrial uses. 
Mobile home. See Residential Structure Types. 
Mobile home park. Two or more mobile homes that are located on a single site for 30 days or 
more and intended for residential use. Mobile home park does not include sites where 
unoccupied mobile homes are offered for sale or lease. See also Recreational Vehicle Park. 
Mobile home space. The area occupied by a mobile home and its accessory uses and structures 
in a mobile home park. 
Motor home. See Recreational Vehicle, under Vehicle Types. 
Motor vehicle. See Vehicle Types. 
Multi-dwelling development or Multifamily housing. See Residential Structure Types. 
Multi-dwelling structure. See Residential Structure Types. 
Multi-use pathway. A transportation facility serving pedestrians, bicycles and, where allowed, 
equestrian usage. 
N 
Natural resource areas/natural resources. See "Sensitive Lands" under Environment-Related 
Definitions. 
Natural hazard. Natural areas that can cause dangerous or difficult development situations. For 
example, natural hazard areas include steep slopes, unstable soils, and areas prone to landslides, 
floodways and flood plains. 
Neighborhood. A residential area usually having distinguishing character or geography. 
Nonconforming development. An element of a development, such as a setback, height, or 
parking area, that was created in conformance with development regulations but which 
subsequently, due to a change in the zone or zoning regulations, is no longer in conformance 
with the current applicable development standards. Nonconforming development includes 
development that is over a maximum allowed amount of floor area, as long as the development 
City of Silverton 
Zoning and Development Code 
1-36 City Council Approved 
October 6, 2008 
1.5 - Definitions "C-D" 
does not include an amount of floor area that is specifically prohibited by the current 
development standards. See Chapter 5.2. 
Nonconforming residential density. A residential use that is an allowed use in the zone and that 
was constructed at a lawful density, but which subsequently, due to a change in the zone or 
zoning regulations, now has greater density than is allowed in the zone. See Chapter 5.2. 
Nonconforming situation. A Nonconforming Residential Density, Nonconforming 
Development, or Nonconforming Use. A situation may be nonconforming in more than one 
aspect. For example, a site may contain a nonconforming use and also have some nonconforming 
development. See also Nonconforming Residential Density, Nonconforming Development, and 
Nonconforming Use. See Chapter 5.2. 
Nonconforming Use. A use that was allowed by right when established or a use that obtained a 
required land use approval when established, but that subsequently, due to a change in the zone 
or zoning regulations, the use or the amount of floor area of the use is now prohibited in the 
zone. See Chapter 5.2. 
Non-native invasive plants. Plants listed under current Oregon State University Extension 
Service Bulletins as non-native, invasive plants in Oregon. 
O 
Off-street parking. All off-street areas designed, used, required or intended to be used for the 
parking of motor vehicles. See Chapter 3.3 for parking standards. 
On-street parking. Parking in the street right-of-way, typically in parking lanes or bays. Parking 
may be "parallel" or "angled" in relation to the edge of the right-of-way or curb. See Chapter 3.3 
for parking standards. 
Open space (public/private/dedicated in common). Land that has been dedicated in common 
to the ownership within a development or to the public, or privately held, specifically for the 
purpose of providing places for recreation, conservation or other open space uses. Includes parks 
and mini-parks and incorporates the classifications found in the City of Silverton Parks and 
Recreation Master Plan. 
Orientation. To cause to face toward a particular point of reference (e.g., "A building oriented 
to the street"). See also, Pedestrian-Oriented Development. 
Outlying commercial pad. A small, free-standing commercial use (e.g., bank, restaurant, gas 
station, car wash, etc.) adjacent to larger commercial use(s), either on the same parcel or on a 
separate parcel, and typically oriented and designed to take advantage of internal driveways and 
surface parking that the uses share; may include a drive-up/drive-through facility. 
City of Silverton 
Zoning and Development Code 
1-37 City Council Approved 
October 6, 2008 
1.5 - Definitions "C-D" 
Outdoor commercial use. A use supporting a commercial activity that provides goods or 
services, either wholesale or retail, where the amount of site area used for outdoor storage of 
materials or display of merchandise exceeds the total floor area of all buildings on the site. 
Examples of outdoor commercial uses include automobile sales or services, nurseries, lumber 
yards and equipment rental businesses. 
Overlay zone/district. Overlay zones impose and/or relax requirements of an underlying land 
use district, or base zone, where characteristics of the land or neighborhood, or the types of 
development planned for an area, require special regulations. See Chapters 2.5, 2.6, 2.7 & 2.8. 
Owner. The owner of the title to real property or the contract purchaser of real property of 
record, as shown on the latest assessment records in the Office of the County Assessor. Owner 
also includes a deed holder or contract purchaser whose name does not appear in the latest 
assessment records, but who presents to the City a copy of a deed or contract of sale showing 
date, book, and page of recording. 
Ownership. An ownership is one or more contiguous lots that are owned by the same person, 
partnership, association, or corporation. Ownership also includes lots that are in common 
ownership but are separated by a right-of-way. See also, Lot and Site. 
P 
Parcel. A legally defined area of land created through a partition. 
Parking Area. A parking area is all the area devoted to the standing, maneuvering, and 
circulation of motor vehicles. Parking areas do not include driveways or areas devoted 
exclusively to non-passenger loading. 
Parking lot perimeter. The boundary of a parking lot area that usually contains a landscaped 
buffer area. 
Parking space. A space designed to provide standing area for a motor vehicle. See Chapter 3.3 
for parking space standards. 
Parking. Area designed and developed in accordance with Chapter 3.3 for automobile or bicycle 
parking, as applicable. 
Parking bay. A parking area with a concrete curb forming one side of the parking stall(s). Bays 
are typically adjacent and accessible to a sidewalk or walkway within a development. 
Parking versus storage. Parking is to leave a motor vehicle for a temporary time, no longer than 
72 hours. Storage is to place or leave in a location for maintenance, repair, sale, rental, or future 
use more than 72 hours in the future. See also, Exterior Display. 
City of Silverton 
Zoning and Development Code 
1-38 City Council Approved 
October 6, 2008 
1.5 - Definitions "C-D" 
Partition. To divide an area or tract of land into two or three parcels within a calendar year when 
such area or tract of land exists as a unit or contiguous units of land under single ownership at 
the beginning of such year. (See ORS 92. 010(8)) 
Pathway. See Transportation -Related Definitions. 
Pedestrian amenity(ies). See Development-Related for examples and related definitions. 
Planning office. The Silverton City Hall, Silverton, Oregon. 
Planter strip. A landscape area for City-approved street trees and other plantings within the 
public right-of-way, usually a continuous planter area between the street and a sidewalk. See 
also, Tree Well. [Refer to the City of Silverton list of recommended trees.] 
Plat. Diagrams, drawings and other writing containing all the descriptions, locations, 
dedications, provisions, and information concerning a land division. This term includes the State 
law definitions of "partition plat" and "subdivision plat". See also, Chapter 4.3, Land Divisions. 
Plaza. An area generally open to the public on a controlled basis and used for passive 
recreational activities and relaxation. Plazas are paved areas typically provided with amenities, 
such as seating, drinking and ornamental fountains, art, trees, and landscaping for use by 
pedestrians. See also, Pedestrian Amenities (Development-Related definitions). 
Practicable. Capable of being done after taking into consideration cost, existing technology, and 
logistics in light of overall project purposes. 
Primary structure. A structure or combination of structures of chief importance or function on 
a site. In general, the primary use of the site is carried out in a primary structure. The difference 
between a primary and accessory structure is determined by comparing the size, placement, 
similarity of design, use of common building materials, and the orientation of the structures on a 
site. 
Primary use. An activity or combination of activities of chief importance on the site. One of the 
main purposes for which the land or structures are intended, designed, or ordinarily used. A site 
may have more than one primary use. 
Project. An existing or proposed use or development. 
Project, major. A project that requires Design Review (Sections 4.2), Subdivision or Partition 
review (Chapter 4.3), Conditional Use review (Chapter 4.4), or Planned Development review 
(Chapter 4.5). 
Project, minor. A project that requires Land Use Review but does not require Design Review 
(Chapter 4.2), Subdivision or Partition review (Chapter 4.3), Conditional Use review, or Planned 
Development review (Chapter 4.5). 
City of Silverton 
Zoning and Development Code 
1-39 City Council Approved 
October 6, 2008 
1.5 - Definitions "C-D" 
Property line adjustment. The relocation of a single common property line between two 
abutting properties, in conformance with ORS 92.010(11). See Figure. 
Property Line Adjustment 
Public access easement. An easement recorded for the purposed of providing vehicle, bicycle, 
and/or pedestrian access from a public street to a parcel across intervening property under 
separate ownership from the parcel being provided access. See also, Transportation-Related 
Definitions. 
Public safety facility. A facility necessary to respond to an immediate hazard to the public 
health and safety, and that is owned, leased, or operated by the City of Silverton. Public safety 
facilities include fire and police stations, flood control facilities, water towers and pump stations 
needed for emergency service, and emergency communication broadcast facilities. 
Property line: front, rear, interior side, street side. See Lot Line. 
Public improvements. Development of public infrastructure, as required by the City, County, 
Special District, or Road Authority, as applicable. See Chapter 3.4. 
Public right-of-way. Land dedication or easement conveyance to the City or other public entity 
for public use; typically for streets, utilities, parkland and/or similar facilities. Permanent 
structures, objects and buildings are not allowed to project over or encroach into public rights-of-
way, except as allowed by the City for landscaping and trees. 
City of Silverton 
Zoning and Development Code 
1-40 City Council Approved 
October 6, 2008 
1.5 - Definitions "C-D" 
Q 
Quasi-judicial. An action or decision that requires substantial discretion or judgment in applying 
the standards or criteria of this Code to the facts of a development proposal, and usually involves 
a public hearing. See Chapter 4.1.400 (Type III Procedure). 
R 
Recreation camp. (1) An area devoted to facilities and equipment for recreation purposes, 
including swimming pools, tennis courts, playgrounds, and similar uses, either open to the public 
upon payment of a fee, or limited to private membership. (2) An area designated by the 
landowner for picnicking or overnight camping and offered to the general public, with or without 
a fee or charge. (See ORS Chapter 446) 
Recreational vehicle. See Vehicle Types. 
Recreational vehicle park. A commercial use providing space and facilities for motor homes or 
other recreational vehicles for recreational use or transient lodging. There is no minimum 
required stay in a recreational vehicle park. Uses where unoccupied recreational vehicles are 
offered for sale or lease, or are stored, are not included as Recreational Vehicle Parks. See also 
Mobile Home Park. 
Residence. Same as Dwelling. See Residential Structure Types. 
Residential Structure Types 
• Accessory Dwelling Unit. A second dwelling unit created on lot with a house, attached 
house, or manufactured home. The second unit is created auxiliary to, and is always 
smaller than the house, attached house, or manufactured home. 
• Attached Duplex. A duplex located on its own lot that shares one or more common or 
abutting walls with one other duplex (for a total of 4 dwelling units). The common or 
abutting wall must be shared for at least 50 percent of the length of the side of the 
dwelling. 
• Attached House (Townhome or Rowhouse). A dwelling unit located on its own lot that 
shares one or more common or abutting walls with one or more dwelling units. The 
common or abutting wall must be shared for at least 50 percent of the length of the side 
of the dwelling. An attached house does not share common floor/ceilings with other 
dwelling units. An attached house is also called a rowhouse or a common-wall house. 
• Condominium. A building or group of buildings, in which dwelling units, offices, or 
floor area are owned individually, and the structure, common area, and facilities are 
owned by all the owners on a proportional, undivided basis 
City of Silverton 
Zoning and Development Code 
1-41 City Council Approved 
October 6, 2008 
1.5 - Definitions "R - Residential Structure Types" 
• Cottage. A small house, generally containing not more than 1,200 square feet of floor 
area. 
• Cottage cluster. A group of two or more cottages on one lot. 
• Duplex. A building that contains two primary dwelling units on one lot. The units must 
share a common wall or common floor/ceiling. 
• Dwelling Unit. A building, or a portion of a building, that has independent living 
facilities including provisions for sleeping, cooking, and sanitation, and that is designed 
for residential occupancy by a group of people. Buildings with more than one set of 
cooking facilities are considered to contain multiple dwelling units or accessory dwelling 
units, unless the additional cooking facilities are clearly accessory to the primary use, 
such as an outdoor grill. 
• Group Living Structure. A structure that contains sleeping areas and at least one set of 
cooking and sanitary facilities that is used as a residence for Group Living uses: 
- Residential facility/group care facility. A residence for 6 to 15 physically, mentally or 
socially dependent/disabled persons, and for staff persons. The facility may provide 
residential care alone, or in conjunction with training or treatment. This definition 
includes the State definition of Residential Facility but also includes, but is not limited 
to, nursing homes, convalescent homes, retirement homes, assisted care facilities, etc. 
- Residential home/group care home. A residence for five or fewer physically, 
mentally or socially dependent/disabled persons, and for staff persons. The residence 
may provide residential care alone, or in conjunction with training or treatment. This 
definition includes the State definition of Residential Home. 
- Residential institution/group care institution. A residence for more than 15 
physically, mentally or socially dependent/disabled persons, and for staff persons. The 
facility may provide residential care alone, or in conjunction with training or treatment. 
This definition includes the State definition of Residential Facility but also includes, but 
is not limited to, nursing homes, convalescent homes, retirement homes, assisted care 
facilities, etc. 
• Mobile Home. A dwelling unit constructed off of the site and that is not constructed to 
the standards of the uniform building code. Mobile homes include residential trailers and 
manufactured homes. 
- Manufactured Home. A manufactured home is a mobile home constructed in 
accordance with federal manufactured housing construction and safety standards (HUD 
code) in effect after June 15, 1976. 
- Residential Trailer. A mobile home that was not constructed in accordance with 
federal manufactured housing construction and safety standards (HUD code), in effect 
City of Silverton 
Zoning and Development Code 
1-42 City Council Approved 
October 6, 2008 
1.5 - Definitions "R - Residential Structure Types" 
after June 15, 1976. This definition includes the State definitions of residential trailers 
and mobile houses, as stated in Oregon Revised Statutes (ORS) 446. 
• Multi-dwelling development. A grouping of individual structures where each structure 
contains 1 or more dwelling units. The land underneath the structures is not divided into 
separate lots. A multi-dwelling development project may include an existing single-
dwelling detached building with 1 or more new detached structures located to the rear or 
the side of the existing house. It might also include a duplex in front with either 1 or more 
single-dwelling houses behind or 1 or more duplex units or multi-dwelling structures 
behind. There is no requirement for the structures on the sites to be attached. 
• Multi-dwelling structure. A structure that contains three or more dwelling units that 
share common walls or floor/ceilings with one or more units. The land underneath the 
structure is not divided into separate lots. Multi-dwelling includes structures commonly 
called garden apartments, apartments, and condominiums. 
• Senior housing. Housing designated and/or managed for persons over a specified age. 
Specific age restrictions vary. 
• Single Family house/dwelling. A detached dwelling unit located on its own lot. 
• Single room occupancy housing (SRO). A structure that provides living units that have 
separate sleeping areas and some combination of shared bath or toilet facilities. The 
structure may or may not have separate or shared cooking facilities for the residents. SRO 
includes structures commonly called residential hotels and rooming houses. 
• Zero-lot line house. A single-family detached dwelling with one "0" side yard setback 
Review Body. The person or group who is assigned to make decisions on land use reviews, 
whether initially or on appeal. Review body includes the Community Development Director, 
Planning Commission, and the City Council. 
Right-Of-Way. A public use area that allows for the passage of people or vehicles. Right-of-way 
includes passageways such as freeways, pedestrian connections, alleys, and all streets. A right-
of-way may be dedicated or deeded to the public for public use and under the control of a public 
agency, or it may be privately owned. A right-of-way that is not dedicated or deeded to the 
public may be in a tract. See also, Transportation-Related Definitions. 
Riparian Areas. See Environment-Related Definitions. 
Roadway; Roadway Authority. See Transportation-Related Definitions. 
Rooftop Structures. Include towers, spires, steeples and other structures when built according 
to section 1509 of the International Building Code. (May extend 20 feet past the roof height limit 
of this code when approved through a conditional use, and subject to Fire Department approval.) 
City of Silverton 
Zoning and Development Code 
1-43 City Council Approved 
October 6, 2008 
1.5 - Definitions "C-D" 
Rowhouse (Rowhome). See Residential Structure Type. 
S 
Senior housing. See Residential Structure types. 
Sensitive lands. See Environment-Related Definitions. 
Service station. A gas station that also offers services such as oil changes and mechanical 
repairs to automobiles. 
Setback/Setback yard. The minimum distance required between a specified object, such as a 
building, and another point, measured from lot lines to a specified object. Typically, a setback 
refers to the minimum distance (yard dimension) from a building to a specified property line. 
Shared driveway. See Development-Related definitions. 
Shared parking. See Development-Related definitions. 
Shopping street. See Development-Related definitions. 
Shoreline. See Environment-Related definitions. 
Sign. Signs are regulated under a separate City of Silverton Ordinance 
Significant trees, significant vegetation. Any tree, shrub, or combination thereof, meeting the 
threshold standards in Section 3.2.200, and those that are located within a sensitive land area as 
identified by the Comprehensive Plan or any refinement of the Comprehensive Plan, or as 
inventoried through the development review process. See also, Environment-Related Definitions 
in this Chapter, and Section 3.2.200, Landscape Conservation. 
Single Room Occupancy Housing (SRO). See Residential Structure Types. 
Site. For land divisions, property line adjustments, and lot consolidations, the site is the lots, lots 
of record, parcels, or tracts proposed to be divided or reconfigured. For all other purposes, the 
site is an ownership except as follows: 
• If a proposed development includes multiple ownerships, then the site is the combined 
area of all the ownerships. 
• If a proposed development includes only a portion of an ownership, and the balance of 
the ownership is vacant, then the applicant may choose to define the site as the portion of 
the ownership that is proposed for development. 
• If a proposed development includes only a portion of an ownership, and there is other 
development on the ownership, then the applicant may choose to define the site as the 
portion of the ownership that is currently developed plus the portion proposed for 
development. 
City of Silverton 
Zoning and Development Code 
1-44 City Council Approved 
October 6, 2008 
1.5 - Definitions "C-D" 
Site frontage. The part of a site that abuts a street. See also, Block Frontage. 
Specific Area Plan. An adopted plan for a sub area of the City and/or Urban Growth Area 
providing a framework and standards for future land uses, densities, blocks, typical lot patterns, 
public improvements and streets, and site design; may also include architectural design 
guidelines or standards. 
Standards and Criteria. Both are code requirements for how to develop uses and structures on 
land. A standard is a quantitative requirement, or a qualitative requirement that is used in 
interpreting a subjective criterion. (Example. Criterion: All developments subject to design 
review shall comply with the Chapter 3 parking standards. Standard: Medical and dental office 
uses must provide one vehicle parking space for each x square feet of gross floor area. ) 
Steep slopes. Slopes exceeding 12 percent or as regulated by Hillside Development regulations. 
Step-down. See Building Height in Development-Related definitions. 
Storefront character. See Development-Related definitions. 
Stormwater facility. See Development-Related definitions. 
Stormwater management system. A stormwater facility (e. g. , conveyance, 
detention/retention, treatment system or outfall. 
Stream. See Environment-Related Definitions 
Street. See Transportation-Related Definitions. 
Street connectivity. See Transportation-Related definitions. 
Street-facing fa?ade/wall. See Development-Related Definitions. 
Street furniture/furnishings. See Development-Related definitions. 
Structure. See Development-Related Definitions. 
Subdivision. To divide land into four or more lots within a single calendar year. See also, 
Chapter 4.3, Land Divisions, and ORS 92.010(13). 
Surface water management. Storm drainage and/or storm drainage facilities that are 
functioning in accordance with the City of Silverton Storm Drainage Master Plan. 
Swale. See Development-Related definitions. 
City of Silverton 
Zoning and Development Code 
1-45 City Council Approved 
October 6, 2008 
1.5 - Definitions "T" 
T 
Tangent. Meeting a curve or surface in a single point. 
Terrace. A porch or promenade supported by columns, or a flat roof or other platform on a 
building. 
Through lot. See Lot. 
Through street. See Transportation-Related Definitions. 
Top of bank. See Environment-Related Definitions. 
Topographical constraint. Where existing slopes, landforms (e.g., streams, canals, rock 
outcropping, etc.) or manmade feature (e.g., embankment or berm) make conformance with a 
Code standard impracticable. 
Townhouse. See Residential Structure Types 
Tract. A piece of land within a platted subdivision reserved for open space, utility corridor, 
recreation facilities, sensitive lands, or other purpose; may be dedicated to a homeowner's 
association or other entity for maintenance. 
Transportation-Related Definitions 
• Access. A way or means of approach to provide pedestrian, bicycle, and/or motor 
vehicular entrances or exits to a property. 
• Access easement. An easement recorded for the purposed of providing vehicle, bicycle, 
and/or pedestrian access from a public street to a parcel across intervening property under 
separate ownership from the parcel being provided access. Cross access is a service 
drive providing vehicular access between two or more separate sites, so that the driver 
need not enter the public street system between sites. 
• Access way. A walkway or multi-use pathway providing a through connection for 
pedestrians between two streets, between two lots, or between a development and 
adjoining public right-of-way. It may be an access way for pedestrians and bicyclists 
(with no vehicle access), or a walk way on public or private property (i.e., with a public 
access easement). See also, Walkway. 
• Accessible. Two meanings are possible depending on the specific code provision: In 
general, accessible means approachable by pedestrians, vehicles or other transportation 
mode, as applicable. Accessible may also mean, under approachable and useable by 
people with disabilities, in conformance with the Federal Americans With Disabilities 
Act. Either or both definitions may apply in a particular situation. See Accessible Route. 
City of Silverton 
Zoning and Development Code 
1-4B City Council Approved 
October 6, 2008 
1.5 - Definitions "T - Transportation Related" 
• Accessible route. A route that can be used by a disabled person using a wheelchair and 
that is also usable by people with other disabilities. 
• Access management. The systematic control of the location, spacing, design, and 
operation of driveways, median openings interchanges, and street connections to a 
roadway to minimize conflicts between turning and through vehicles, bicyclists and 
pedestrians. The purpose of access management is to provide vehicular access to land 
development in a manner that preserves the safety and efficiency of the transportation 
system. Public facility measures to support access management include roadway design 
applications, such as median treatments and auxiliary lanes, and the appropriate spacing 
of traffic signals. Measures that may be included as conditions of approval for 
development decisions include but are not limited to 1) standards such as minimum 
spacing of driveways and onsite vehicle storage requirements, 2) mitigations related to 
site conditions such as right-in-right-out only approaches, medians, dedicated turn lanes, 
and shared access approaches, and 3) provision for future opportunities for mitigation by 
land dedication or easement. 
• Access spacing/intersection spacing. The minimum required distance from an 
intersection of a public or private street to the nearest driveway or other access 
connection, measured from the closest edge of the pavement of the intersecting street to 
the closest edge of the pavement of the connection along the traveled way. 
• Alley. A right-of-way that provides vehicle access to a lot or common parking area. 
Generally, alleys provide secondary vehicle access; however, where vehicle access from 
the street is not allowed, not possible, or not desirable the alley may provide primary 
vehicle access. 
• Arterial. The highest order classification of streets; includes highways and other major streets 
with limited or no direct access from adjoining properties. Also includes streets designated as 
"Arterial" within the City of Silverton Transportation System Plan. 
• Bicycle facility. There are different types of bicycle facilities: In general, a bicycle 
facility is a public or private way designed for and dedicated to bicycle use. It may 
consist of a road, a lane within or on the shoulder of a road, a path, multi-use path, or 
other way that is specifically designated for bicycle travel or shared bicycle/pedestrian 
travel. 
• Boulevard. A street with broad open space areas; typically with planted medians. See 
standards under Section 3.4.100. 
• Bus stop. A location where bus service stops to load and unload passengers. For purposes 
of measuring, the bus stop is the location of a sign denoting the bus stop. 
• Collector. Type of street that serves traffic within commercial, industrial, and residential 
neighborhood areas, connecting local neighborhood or district streets to the arterial 
City of Silverton 
Zoning and Development Code 
1-47 City Council Approved 
October 6, 2008 
1.5 - Definitions "T - Transportation Related" 
network. Part of the street grid system. Also includes streets designated as "Collector" 
within the City of Silverton Transportation System Plan. 
• Common green. A courtyard that provides for pedestrian and bicycle access, but not 
vehicle access, to abutting property and generally provides a common area for use by 
residents. A common green may function as a community yard. Hard and soft landscape 
features may be included in a common green, such as groundcover, trees, shrubs, 
surfaced paths, patios, benches, or gazebos. 
• Curb cut. A driveway opening delineated by a concrete apron along a street. 
• Dead-end street. A street that connects to another street at only one end and does not 
have a City-approved turnaround on its other end. A pedestrian connection may extend 
from the end of a dead-end street to connect with another street of any type, or with 
another pedestrian connection. 
• Lane, mid-block. A narrow, limited use roadway facility, similar to an alley in design, 
usually used to access a limited number of dwelling units. 
• Level of service ("LOS"). A quantitative standard for transportation facilities 
describing operational conditions. Level of Service may be described for intersections 
(signalized or unsignalized) or street segments (between signalized intersections). 
• Local. Type of street that serves traffic within a residential neighborhood connecting 
residential streets as part of a grid system. Also includes streets designated as "local" 
within the Silverton Transportation System Plan. 
• Multi-use pathway. A transportation facility serving pedestrians, bicycles and, where 
allowed, equestrian usage. 
• Pathway. A walkway conforming to Chapter 3.1 that is not within a street right-of-way. 
• Public access easement. A public access easement is an easement granted to the public 
for all the purposes for which a public sidewalk may be used, including but not limited to, 
pedestrian and bicycle travel. 
• Rail right-of-way. A public or private right-of-way, for the purpose of allowing rail 
travel. 
• Right-of-way. A public use area that allows for the passage of people or vehicles. Right-
of-way includes passageways such as freeways, pedestrian connections, alleys, and all 
streets. A right-of-way may be dedicated or deeded to the public for public use and under 
the control of a public agency, or it may be privately owned. A right-of-way that is not 
dedicated or deeded to the public may be in a tract. 
City of Silverton 
Zoning and Development Code 
1-48 City Council Approved 
October 6, 2008 
1.5 - Definitions "T - Transportation Related" 
• Roadway. The portion of a right-of-way that is improved for motor vehicle travel. 
Roadway includes vehicle travel lanes and on-street parking areas. Roadway does not 
include area devoted to curbs, parking strips, or sidewalks. 
• Road authority. The City (typically the Public Works Director or his/her designee) or 
other agency (e. g. , Oregon Department of Transportation, Marion County, a special 
purpose district, or other agency) with jurisdiction over a road or street. 
• Sidewalk. A paved walkway within a public street right-of-way that is generally located 
adjacent to and separated from the roadway by a curb or curb and planter strip. 
• Sight distance. The unobstructed viewing distance measured from one object or location 
to another object or location, usually required for the purpose of traffic safety. 
• Street. A right-of-way that is intended for motor vehicle, pedestrian or bicycle travel or 
for motor vehicle, bicycle or pedestrian access to abutting property. For the purposes of 
this Code, street does not include alleys, rail rights-of-way that do not also allow for 
motor vehicle access, or freeways and their onramps. 
• Street connectivity. Expressed as the number of street and/or access way connections 
within a specific geographic area. Higher levels of connectivity provide for more direct 
transportation routes and better dispersion of traffic, resulting in less traffic on individual 
streets and potentially slower speeds through neighborhoods. 
• Street stub. A temporary street ending where the street will be extended through adjacent 
property in the future, as that property develops. Not a permanent street-end or dead-end 
street. 
• Street tree. A City-approved tree planted in a planter strip or tree well in City right-of-
way. [See the City of Silverton recommended list of trees.] 
• Through Street. A street that connects to other streets at both ends. 
• Transportation mode. The method of transportation (e.g., automobile, bus, walking, 
bicycling, train, etc. ) 
• Turnaround. A vehicle maneuvering area at the end of a dead-end street (e.g., 
hammerhead, cul-de-sac, or other configuration) that allows for vehicles to turn around. 
See Section 3.4.100 for related standards. 
• Walkway. A sidewalk or pathway, including access ways, providing a pedestrian 
connection that is improved to City standards, or to other roadway authority standards, as 
applicable. See also, Access way, Pathway, Sidewalk. 
City of Silverton 
Zoning and Development Code 
1-49 City Council Approved 
October 6, 2008 
1.5 - Definitions "X - Y - Z" 
Travel trailer. A vacation structure or self-propelled vehicle equipped with wheels for street or 
highway use; intended for human occupancy; equipped with plumbing, sink or toilets; used for 
vacation and recreational purposes; and not used as a residence. (See ORS 446.003(5), (24).). 
See also Vehicle Types. 
Travel trailer/recreational vehicle park/campground. A lot or parcel on which two or more 
travel trailers, recreational vehicles, motor homes, tent trailers, tent sites, campers, and/or similar 
vehicles or devices are permitted outright, with or without a charge or fee. 
Tree well. A planter area cut out of a sidewalk within the street furnishing zone, planted with a 
street tree and including ground cover or a grate cover; typically used in commercial districts 
where on-street parking or pedestrian traffic makes the use of a planter strip impracticable. 
City of Silverton 
Zoning and Development Code 
1-50 City Council Approved 
October 6, 2008 
1.5 - Definitions "X - Y - Z" 
U 
Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or 
maintained. See also, Chapter 1.6, Use Categories. 
Utilities. For the purposes of this Code, utilities are telephone, cable, natural gas, electric, and 
telecommunication facilities. 
V 
Vacate plat/street. To abandon a subdivision or street right-of-way. For example, vacation of a 
public right-of-way that is not needed or cannot be used for a street or other public purpose. 
Vacation of a plat typically returns the property to the adjoining owners and restores it to an 
undivided condition and ownership. 
Vacation home rental. A commercial use of a single family or duplex dwelling unit where the 
unit is rented for periods of time of 28 or fewer consecutive days. 
Variance. An administrative or quasi-judicial decision to lessen or otherwise modify the 
requirements of this Code. See Chapter 5.1. 
Vehicle areas. See Development-Related definitions. 
Vehicle Types. 
• Motor vehicle. Vehicles that have their own motive power and that are used for the 
transportation of people or goods on streets. Motor vehicle includes motorcycles, 
passenger vehicles, trucks, and recreational vehicles, except all terrain vehicles, off-road 
vehicles, snow mobiles, and similar vehicles are not allowed on streets. 
• Passenger vehicle. A motor vehicle designed to carry ten persons or less including the 
driver. Passenger vehicles are passenger cars and multipurpose passenger vehicles as 
defined by the National Highway Traffic Safety Administration in Title 49 of the Code of 
Federal Regulations, Chapter V, Section 571.3. See also Recreational Vehicle, and Truck. 
• Recreational vehicle. A vehicle with or without motive power that is designed for sport 
or recreational use, or that is designed for human occupancy on an intermittent basis. 
Recreational vehicle is divided into two categories as follows: 
- Motor home. Motor home includes motorized vehicles designed for human occupancy 
on an intermittent basis. A camper is considered a motor home when it is on the back of 
a pick-up or truck. Motor homes are regulated as trucks unless the regulations 
specifically indicate otherwise. See also Truck. 
City of Silverton 
Zoning and Development Code 
1-51 City Council Approved 
October 6, 2008 
1.5 - Definitions "X - Y - Z" 
- Accessory recreational vehicle. Accessory recreational vehicle includes nonmotorized 
vehicles designed for human occupancy on an intermittent basis such as vacation 
trailers and fifth-wheel trailers. A camper is considered an accessory recreational 
vehicle when it is standing alone. Accessory recreational vehicle also includes vehicles 
designed for off-road use, such as all-terrain vehicles, dune buggies, and recreational 
boats. 
• Travel trailer. A vacation structure or self-propelled vehicle equipped with wheels for 
street or highway use; intended for human occupancy; equipped with plumbing, sink or 
toilets; used for vacation and recreational purposes; and not used as a residence. (See 
ORS 446.003(5), (24).) 
• Truck. A motor vehicle that is designed primarily for the movement of property or 
special purpose equipment, or a motor vehicle that is designed to carry more than ten 
persons. Truck includes vehicles commonly called trucks, pick-ups, delivery vans, buses, 
motor homes and other similar vehicles. See also, National Highway Traffic Safety 
Administration in Title 49 of the Code of Federal Regulations, Chapter V, Section 571.3. 
- Light Truck. Trucks and similar vehicles with single rear axles and single rear wheels. 
- Medium Truck. Trucks and similar vehicles with single rear axles and dual rear 
wheels. Truck tractors are in the Heavy Truck category. 
- Heavy Truck. Trucks, including truck tractors, and similar vehicles with two or more 
rear axles and all truck tractors and truck trailers. 
• Truck trailer. Trucks including utility trailer(s). 
• Utility trailer. A vehicle designed to be pulled by a motor vehicle that is used to carry 
property, trash, or special equipment and that is 16 feet or less in length. Boat trailers are 
included as utility trailers. Utility trailers that are longer than 16 feet are considered 
industrial vehicles and are regulated as heavy trucks. 
Vision Clearance Area. Those areas near intersections of roadways and motor vehicle access 
points where a clear field of vision is necessary for traffic safety and to maintain adequate sight 
distance. See standards in Chapter 3.1.200. 
W 
Waste collection areas. Waste collection areas include areas set aside or designed to be used for 
garbage collection and collection of materials for recycling. Waste collection areas include areas 
occupied by dumpsters and other solid waste receptacles. 
Window. A transparent or semi-transparent (not more than 50% opaque) glazing on a building 
facade. For the purpose of this Code, a window may be a display window (e.g., for merchandise, 
City of Silverton 
Zoning and Development Code 
1-52 City Council Approved 
October 6, 2008 
1.5 - Definitions "X - Y - Z" 
art, etc.) that is integral to a building design, but a window is not a display box mounted onto the 
exterior of a building. 
Wireless communication equipment. Cellular towers, antennae, monopoles, and related 
facilities used for radio signal transmission and receiving. 
X [placeholder] 
Y 
Yard. The area defined by setbacks (i.e., between the setback line and nearest property line). See 
Setbacks. 
Z 
Zero-lot line house. See Residential Structure Types. 
City of Silverton 
Zoning and Development Code 
1-53 City Council Approved 
October 6, 2008 
1.6 - Use Categories 
Chapter 1.6 — Use Categories 
Sections: 
Introduction to the Use Categories 
1.6.010 Purpose 
Residential Use Categories 
1.6.100 Group Living 
1.6.110 Household Living 
Commercial Use Categories 
1.6.200 Commercial Outdoor Recreation 
1.6.210 Commercial Parking 
1.6.220 Quick Vehicle Servicing 
1.6.230 Major Event Entertainment 
1.6.235 Educational Services, Commercial 
1.6.240 Office 
1.6.250 Retail Sales and Service 
1.6.260 Self-Service Storage 
1.6.270 Vehicle Repair 
Industrial Use Categories 
1.6.300 Industrial Service 
1.6.310 Manufacturing and Production 
1.6.320 Warehouse, Freight Movement, and Distribution 
1.6.330 Waste-Related 
1.6.340 Wholesale Sales 
Institutional Use Categories 
1.6.400 Basic Utilities 
1.6.410 Colleges 
1.6.420 Community Service 
1.6.430 Daycare-Family Daycare 
1.6.440 Daycare-non-Family Daycare 
1.6.450 Medical Centers 
1.6.460 Parks, Open Areas and Cemeteries 
1.6.470 Religious Institutions and Places of Worship 
1.6.480 Schools 
1.6.490 Jails and Detention Facilities 
Other Use Categories 
1.6.500 Agriculture 
1.6.510 Mining 
1.6.520 Radio Frequency Transmission Facilities 
1.6.530 Rail Lines and Utility Corridors 
1.6.540 Railroad Yards 
City of Silverton 
Zoning and Development Code 
1-54 City Council Approved 
October 6, 2008 
1.6 - Use Categories 
Introduction to the Use Categories 
1.6.010 Purpose 
This Chapter classifies land uses and activities into use categories on the basis of common 
functional, product, or physical characteristics, as follows: 
A. Categorization. Uses are assigned to the category whose description most closely 
describes the nature of the primary use. The "Characteristics" subsection of each use 
category describes the characteristics of each use category. Developments may have more 
than one primary use. Developments may also have one or more accessory uses. 
B. Interpretation. When a use's category is not clearly identifiable, the City of Silverton 
Community Development Director, through a Type II procedure, determines the 
applicable use category. The following is considered to determine the appropriate use 
category the use is in, and whether the activities constitute primary use or accessory use: 
• The description of the activity(ies) in relationship to the characteristics of each use 
category; 
• The relative amount of site or floor space and equipment devoted to the activity; 
• Relative amounts of sales from each activity; 
• The customer type for each activity; 
• The relative number of employees in each activity; 
• Hours of operation; 
• Building and site arrangement; 
• Vehicles used with the activity; 
• The relative number of vehicle trips generated by the activity; 
• Signs; 
• How the use advertises itself; and 
• Whether the activity would function independently of the other activities on the site. 
C. Developments with multiple primary uses. When all primary uses of a development 
fall within one use category, then the development is assigned to that use category. For 
example, a development that contains a retail bakery and a cafe would be classified in the 
Retail Sales and Service category because all the primary uses are in that category. When 
the primary uses of a development fall within different use categories, each primary use 
is classified in the applicable category and is subject to the regulations for that category. 
D. Accessory uses. Accessory uses are allowed by right in conjunction with the use unless 
stated otherwise in the regulations. Also, unless otherwise stated, they are subject to the 
same regulations as the primary use. Typical accessory uses are listed as examples with 
the categories. 
E. Use of examples. The "Examples" subsection of each use category provides a list of 
examples of uses that are included but not necessarily limited to each use category. The 
City of Silverton 
Zoning and Development Code 
1-55 City Council Approved 
October 6, 2008 
1.6 - Use Categories 
names of uses on the lists are generic. They are based on the common meaning of the 
terms and not on what a specific use may call itself. For example, a use whose business 
name is "Wholesale Liquidation" but that sells mostly to consumers, would be included 
in the Retail Sales and Service category rather than the Wholesale Sales category. This is 
because the actual activity on the site matches the description of the Retail Sales and 
Service category. 
City of Silverton 
Zoning and Development Code 
1-56 City Council Approved 
October 6, 2008 
1.6.1 - Use Categories: Residential 
Residential Use Categories 
1.6.100 Group Living 
A. Characteristics. Group Living is characterized by the residential occupancy of a 
structure by a group of people who do not meet the definition of Household Living. The 
size of the group will be larger than the average size of a household. Tenancy is arranged 
on a month-to-month basis, or for a longer period. Uses where tenancy may be arranged 
for a shorter period are not considered residential. They are considered to be a form of 
transient lodging (see the Retail Sales and Service and Community Service categories). 
Generally, Group Living structures have a common eating area for residents. The residents 
may or may not receive any combination of care, training, or treatment, as long as they 
also reside at the site. Group Living may include the State definition of residential facility 
(see Chapter 1.5.300, Definitions). 
B. Accessory Uses. Accessory uses commonly found are recreational facilities, parking of 
autos for the occupants and staff, and parking of vehicles for the facility. 
C. Examples. Examples include dormitories; fraternities and sororities; monasteries and 
convents; nursing and convalescent homes; some group homes for the physically and/or 
mentally disabled; some residential programs for drug and alcohol treatment; and 
alternative or post incarceration facilities. 
D. Exceptions. 
1. Lodging where tenancy may be arranged for periods less than one month is considered 
a hotel or motel use and is classified in the Retail Sales and Service category. However, 
in certain situations, lodging where tenancy may be arranged for periods less than one 
month may be classified as a Community Service use such as short-term housing. 
2. Lodging where the residents meet the definition of Household, and where tenancy is 
arranged on a month-to-month basis, or for a longer period is classified as 
Household Living. 
3. Facilities for people who are under judicial detainment and are under the 
supervision of sworn officers are included in the Detention Facilities category. 
1.6.110 Household Living 
A. Characteristics. Household Living is characterized by the residential occupancy of a 
dwelling unit by a household. Where units are rented, tenancy is arranged on a month-to-
month basis, or for a longer period. Uses where tenancy may be arranged for a shorter 
period are not considered residential. They are considered to be a form of transient lodging 
(see the Retail Sales and Service and Community Service categories). Apartment 
complexes that have accessory services such as food service, dining rooms, and 
City of Silverton 
Zoning and Development Code 
1-57 City Council Approved 
October 6, 2008 
1.6.1 - Use Categories: Residential 
housekeeping are included as Household Living. Single Room Occupancy (SRO) housing, 
that do not have totally self contained dwelling units are also included if at least two thirds 
of the units are rented on a monthly basis. Single Room Occupancy apartments/rooming 
houses (SROs) may have a common food preparation area, but meals are prepared 
individually by the residents. In addition, residential care homes are included in the 
Household Living category. "Residential care home" means any home licensed by or 
under the authority of the Department of Human Resources as defined in ORS 443.400, a 
residential home registered under ORS 443.480 to 443.500 or an adult foster home 
licensed under ORS 443.505 to 443.825 which provides residential care for not more than 
five (5) individuals who need not be related, excluding required staff persons. 
B. Accessory Uses. Accessory uses commonly found are recreational activities, home 
gardening, raising of pets, hobbies, and parking of the occupants' vehicles. Home 
occupations, accessory dwelling units/guest houses with kitchen facilities, and bed and 
breakfast facilities are accessory uses that are subject to additional regulations. 
C. Examples. Uses include living in houses, duplexes, apartments, condominiums, 
retirement center apartments, manufactured housing, and other structures with self-
contained dwelling units. Examples also include living in Single Room Occupancy 
apartments/rooming houses (SROs) if the provisions are met regarding length of stay and 
separate meal preparation. 
D. Exceptions. 
1. Lodging in a dwelling unit or SRO where less than two thirds of the units are rented 
on a monthly basis is considered a hotel or motel use and is classified in the Retail 
Sales and Service category. 
2. SROs that provide common dining only are classified as Group Living. 
3. In certain situations, lodging where tenancy may be arranged for periods less than 
one month may be classified as a Community Service use, such as short term 
housing or mass shelter. 
City of Silverton 
Zoning and Development Code 
1-58 City Council Approved 
October 6, 2008 
1.6.1 - Use Categories: Residential 
Commercial Use Categories 
1.6.200 Commercial Outdoor Recreation 
A. Characteristics. Commercial Outdoor Recreation uses are large, generally commercial 
uses that provide continuous recreation or entertainment oriented activities. They generally 
take place outdoors. They may take place in a number of structures that are arranged 
together in an outdoor setting. 
B. Accessory Uses. Accessory uses may include concessions, restaurants, parking, 
caretaker's quarters (limited to 800 square feet), and maintenance facilities. 
C. Examples. Examples include amusement parks, theme parks, golf driving ranges, 
miniature golf facilities, and marinas. 
D. Exceptions. 
1. Golf courses providing less than 2,000 square feet of commercial use (e.g., 
clubhouse, restaurant, rental shop, similar use) and not hosting professional or 
professional/amateur (pro-am) competitions may be classified as Parks and Open 
Space. See also, subsection 1.6.200.D.2, below. 
2. Uses that draw large numbers of people to periodic events, rather than on a 
continuous basis, are classified as Major Event Entertainment. 
1.6.210 Commercial Parking 
A. Characteristics. Commercial Parking facilities provide parking that is not accessory to a 
specific use. A fee may or may not be charged. A facility that provides both accessory 
parking for a specific use and regular fee parking for people not connected to the use is 
also classified as a Commercial Parking facility. 
B. Accessory Uses. In a parking structure only, accessory uses may include car washing, and 
vehicle repair activities. 
C. Examples. Examples include short- and long-term fee parking facilities, commercial 
district shared parking lots, commercial shuttle parking, and mixed parking lots (partially 
for a specific use, partly for rent to others). 
D. Exceptions. 
1. Parking facilities that are accessory to a use, but that charge the public to park for 
occasional events nearby, are not considered Commercial Parking facilities. 
2. Parking facilities that are accessory to a primary use are not considered Commercial 
Parking uses, even if the operator leases the facility to the primary use or charges a 
City of Silverton 
Zoning and Development Code 
1-59 City Council Approved 
October 6, 2008 
1.6.2 - Use Categories: Commercial 
fee to the individuals who park in the facility. See Accessory Parking Facilities in 
Chapter 1.5.300, Definitions. 
3. Public transit park-and-ride facilities are classified as Basic Utilities. 
1.6.220 Quick Vehicle Servicing 
A. Characteristics. Quick Vehicle Servicing uses provide direct services for motor vehicles 
where the driver generally waits in the car before and while the service is performed. The 
development will include a drive-through facility, the area where the service is performed 
(See Chapter 1.5.300, Definitions.) Full-serve and mini-serve gas stations are always 
classified as a primary use (Quick Vehicle Servicing), rather than an accessory use, even 
when they are in conjunction with other uses. 
B. Accessory Uses. Accessory uses may include auto repair and tire sales. 
C. Examples. Examples include full-serve and mini-serve gas stations, unattended card key 
stations, car washes, and quick lubrication services. 
D. Exceptions. 
1. Truck stops are classified as Industrial Service. 
2. Refueling facilities for the vehicles that belong to a specific use (fleet vehicles) that 
are on the site where the vehicles are kept, are accessory to the use. 
1.6.230 Major Event Entertainment 
A. Characteristics. Major Event Entertainment uses are characterized by activities and 
structures that draw large numbers of people to specific events or shows. Activities are 
generally of a spectator nature. 
B. Accessory Uses. Accessory uses may include restaurants, bars, concessions, parking, and 
maintenance facilities. 
C. Examples. Examples include sports arenas, race tracks (auto, horse, dog, etc.), 
auditoriums, exhibition and meeting areas, outdoor amphitheaters, and fairgrounds. 
D. Exceptions. 
1. Exhibition and meeting areas with less than 10,000 square feet of total event area 
are classified as Retail Sales and Service. 
2. Banquet halls that are part of hotels or restaurants are accessory to those uses, 
which are included in the Retail Sales and Service category. 
3. Theaters, including drive-in theaters, are classified as Retail Sales and Service. 
City of Silverton 
Zoning and Development Code 
1-60 City Council Approved 
October 6, 2008 
1.6.2 - Use Categories: Commercial 
1.6.235 Educational Services, Commercial 
A. Characteristics. Commercial Educational Service uses are characterized by activities 
conducted in an office setting and generally focusing on serving students with 
supplemental education, enrichment, and/or tutoring. 
B. Accessory uses. Accessory uses may include incidental retail (e.g., sale of instructional 
materials), parking, or other amenities primarily for the use of employees and customers. 
C. Examples. Examples include tutoring centers, computer classes, after school math and 
reading centers, and arts and crafts classes. 
1.6.240 Office 
A. Characteristics. Office uses are characterized by activities conducted in an office setting 
and generally focusing on business, government, professional, medical, or financial 
services. 
B. Accessory uses. Accessory uses may include cafeterias, health facilities, parking, or other 
amenities primarily for the use of employees in the firm or building. 
C. Examples. Examples include professional services such as lawyers, accountants, 
engineers, or architects; financial businesses such as lenders, brokerage houses, bank 
headquarters, or real estate agents; data processing; sales offices; government offices and 
public utility offices; TV and radio studios; medical and dental clinics, and medical and 
dental labs. 
D. Exceptions. 
1. Offices that are part of and are located with a firm in another category are 
considered accessory to the firm's primary activity. Headquarters offices, when in 
conjunction with or adjacent to a primary use in another category, are considered 
part of the other category. 
2. Contractors and others who perform construction or similar services off-site are 
included in the Office category if equipment and materials are not stored on the site 
and fabrication, services, or similar work is not carried on at the site. 
3. Mobile health screening uses are considered temporary uses. 
1.6.250 Retail Sales and Service 
A. Characteristics. Retail Sales and Service firms are involved in the sale, lease or rent of 
new or used products to the general public. They may also provide personal services or 
entertainment, or provide product repair or services for consumer and business goods. 
City of Silverton 
Zoning and Development Code 
1-61 City Council Approved 
October 6, 2008 
1.6.2 - Use Categories: Commercial 
B. Accessory uses. Accessory uses may include offices, storage of goods, manufacture or 
repackaging of goods for on-site sale, and parking. 
C. Examples. Examples include uses from the four subgroups listed below: 
1. Sales-oriented: Stores selling, leasing, or renting consumer, home, and business 
goods including art, art supplies, bicycles, clothing, dry goods, electronic 
equipment, fabric, furniture, garden supplies, gifts, groceries, hardware, home 
improvements, household products, jewelry, pets, pet food, pharmaceuticals, plants, 
printed material, stationery, and videos; food sales, and sales or leasing of consumer 
vehicles including passenger vehicles, motorcycles, light and medium trucks, and 
other recreational vehicles. 
2. Personal service-oriented: Branch banks; urgency medical care; laundromats; 
photographic studios; photocopy and blueprint services; hair, tanning, and personal 
care services; tax preparers, accountants, real estate, legal, financial services; 
business, martial arts, and other trade schools; dance or music classes; taxidermists; 
mortuaries; veterinarians; kennels limited to boarding, with no breeding; and animal 
grooming. 
3. Entertainment-oriented: Restaurants, cafes, delicatessens, taverns, and bars; indoor 
or outdoor continuous entertainment activities such as bowling alleys, ice rinks, and 
game arcades; pool halls; indoor firing ranges; theaters, health clubs, gyms, 
membership clubs, and lodges; hotels, motels, recreational vehicle parks, and other 
temporary lodging with an average length of stay of less than 30 days. 
4. Repair-oriented: Repair of TVs, bicycles, clocks, watches, shoes, guns, appliances 
and office equipment; photo or laundry drop off; quick printing; recycling drop-off; 
tailor; locksmith; and upholsterer. 
D. Exceptions. 
1. Lumber yards and other building material sales that sell primarily to contractors and 
do not have a retail orientation are classified as Wholesale Sales. 
2. The sale of landscape materials, including bark chips and compost not in 
conjunction with a primary retail use, is classified as Industrial Service. 
3. Repair and service of consumer motor vehicles, motorcycles, and light and medium 
trucks is classified as Vehicle Repair. Repair and service of industrial vehicles and 
equipment, and heavy trucks is classified as Industrial Service. 
4. Sales, rental, or leasing of heavy trucks and equipment is classified as Wholesale 
Sales. 
5. Hotels, restaurants, and other services that are part of a truck stop are considered 
accessory to the truck stop that is classified as Industrial Service. 
City of Silverton 
Zoning and Development Code 
1-62 City Council Approved 
October 6, 2008 
1.6.1 - Use Categories: Residential 
6. In certain situations, hotels and motels may be classified as a Community Service 
use, such as short-term housing or mass shelter. See Community Services. 
7. When kennels are limited to boarding, with no breeding, the applicant may choose 
to classify the use as Retail Sales and Service or Agriculture. 
1.6.260 Self-Service Storage 
A. Characteristics. Self-Service Storage uses provide separate storage areas for individual 
or business uses. The storage areas are designed to allow private access by the tenant for 
storing personal property. 
B. Accessory uses. Accessory uses may include security and leasing offices. Living quarters 
for one resident manager per site are allowed. Other living quarters are subject to the 
regulations for Residential Uses. Use of the storage areas for sales, service and repair 
operations, or manufacturing is not considered accessory to the Self-Service Storage use. 
The rental of trucks or equipment is also not considered accessory to a Self-Service 
Storage use. 
C. Examples. Examples include single story and multistory facilities that provide individual 
storage areas for rent. These uses are also called mini warehouses. 
D. Exceptions. A transfer and storage business where there are no individual storage areas or 
where employees are the primary movers of the goods to be stored or transferred is in the 
Warehouse and Freight Movement category. 
1.6.270 Vehicle Repair 
A. Characteristics. Firms servicing passenger vehicles, light and medium trucks and other 
consumer motor vehicles such as motorcycles, boats and recreational vehicles. 
Generally, the customer does not wait at the site while the service or repair is being 
performed. (Different than Quick Vehicle Services category. ) 
B Accessory Uses. Accessory uses may include offices, sales of parts, and vehicle storage. 
C. Examples. Examples include vehicle repair, transmission or muffler shop, auto body 
shop, alignment shop, auto upholstery shop, auto detailing, and tire sales and mounting. 
D. Exceptions. Repair and service of industrial vehicles and equipment, and of heavy 
trucks; towing and vehicle storage; and vehicle wrecking and salvage are classified as 
Industrial Service. 
City of Silverton 
Zoning and Development Code 
1-63 City Council Approved 
October 6, 2008 
1.6.1 - Use Categories: R e s i d e n t i a l 
Industrial Use Categories 
1.6.300 Industrial Service 
A. Characteristics. Industrial Service firms are engaged in the repair or servicing of 
industrial, business or consumer machinery, equipment, products or by-products. Firms 
that service consumer goods do so by mainly providing centralized services for separate 
retail outlets. Contractors and building maintenance services and similar uses perform 
services off-site. Few customers, especially the general public, come to the site. 
B. Accessory uses. Accessory uses may include offices, parking, storage, rail spurs, and 
loading docks. 
C. Examples. Examples include welding shops; machine shops; tool repair; electric motor 
repair; repair of scientific or professional instruments; sales, repair, storage, salvage or 
wrecking of heavy machinery, metal, and building materials; towing and vehicle storage; 
auto and truck salvage and wrecking; heavy truck servicing and repair; tire re-treading or 
recapping; truck stops; building, heating, plumbing or electrical contractors; printing, 
publishing and lithography; exterminators; recycling operations; janitorial and building 
maintenance services; fuel oil distributors; solid fuel yards; research and development 
laboratories; dry-docks and the repair or dismantling of ships and barges; laundry, dry-
cleaning, and carpet cleaning plants; and photofinishing laboratories. 
D. Exceptions. 
1. Contractors and others who perform Industrial Services off-site are included in the 
Office category, if equipment and materials are not stored at the site, and 
fabrication, or similar work is not carried on at the site. 
2. Hotels, restaurants, and other services that are part of a truck stop are considered 
accessory to the truck stop. 
1.6.310 Manufacturing and Production 
A. Characteristics. Manufacturing and Production firms are involved in the manufacturing, 
processing, fabrication, packaging, or assembly of goods. Natural, man-made, raw, 
secondary, or partially completed materials may be used. Products may be finished or 
semi-finished and are generally made for the wholesale market, for transfer to other plants, 
or to order for firms or consumers. Goods are generally not displayed or sold on site, but if 
so, they are a subordinate part of sales. Relatively few customers come to the 
manufacturing site. 
B. Accessory uses. Accessory uses may include offices, cafeterias, parking, employee 
recreational facilities, warehouses, storage yards, rail spur or lead lines, docks, repair 
facilities, or truck fleets. Living quarters for one caretaker per site are allowed, not to 
City of Silverton 
Zoning and Development Code 
1-64 City Council Approved 
October 6, 2008 
1.6.1 - Use Categories: R e s i d e n t i a l 
exceed 800 square feet. Other living quarters are subject to the regulations for Residential 
Uses. 
C. Examples. Examples include processing of food and related products; catering 
establishments; breweries, distilleries, and wineries; slaughter houses, and meat packing; 
feed lots and animal dipping; weaving or production of textiles or apparel; lumber mills, 
pulp and paper mills, and other wood products manufacturing; woodworking, including 
cabinet makers; production of chemical, rubber, leather, clay, bone, plastic, stone, or glass 
materials or products; movie production facilities; ship and barge building; concrete 
batching and asphalt mixing; production or fabrication of metals or metal products 
including enameling and galvanizing; manufacture or assembly of machinery, equipment, 
instruments, including musical instruments, vehicles, appliances, precision items, and 
other electrical items; production of artwork and toys; sign making; production of 
prefabricated structures, including mobile homes; and the production of energy. 
D. Exceptions. 
1. Manufacturing of goods to be sold primarily on-site and to the general public is 
classified as Retail Sales and Service. 
2. Manufacture and production of goods from composting organic material is 
classified as Waste-Related uses. 
1.6.320 Warehouse, Freight Movement, and Distribution 
A. Characteristics. Warehouse, Freight Movement, and Distribution involves the storage, or 
movement of goods for themselves or other firms. Goods are generally delivered to other 
firms or the final consumer, except for some will-call pickups. There is little on-site sales 
activity with the customer present. 
B. Accessory uses. Accessory uses may include offices, truck fleet parking and maintenance 
areas, rail spur or lead lines, docks, and repackaging of goods. 
C. Examples. Examples include separate warehouses used by retail stores such as furniture 
and appliance stores; household moving and general freight storage; cold storage plants, 
including frozen food lockers; storage of weapons and ammunition; major wholesale 
distribution centers; truck or other freight terminals; bus barns; parcel services; major post 
offices; grain terminals; and the stockpiling of sand, gravel, or other aggregate materials. 
D. Exceptions. 
1. Uses that involve the transfer or storage of solid or liquid wastes are classified as 
Waste-Related uses. 
2. Mini-warehouses are classified as Self-Service Storage uses. 
City of Silverton 
Zoning and Development Code 
1-65 City Council Approved 
October 6, 2008 
1.6.2 - Use Categories: Commercial 
1.6.330 Waste-Related 
A. Characteristics. Waste-Related uses are characterized by uses that receive solid or liquid 
wastes from others for disposal on the site or for transfer to another location, uses that 
collect sanitary wastes, or uses that manufacture or produce goods or energy from the 
biological decomposition of organic material. Waste-Related uses also include uses that 
receive hazardous wastes from others and are subject to the regulations of OAR 340. 100-
110, Hazardous Waste Management. 
B. Accessory Uses. Accessory uses may include recycling of materials, offices, and 
repackaging and transshipment of by-products. 
C. Examples. Examples include sanitary landfills, limited use landfills, waste composting, 
recycling centers, energy recovery plants, sewer treatment plants, portable sanitary 
collection equipment storage and pumping, waste sorting and transfer facilities, and 
hazardous-waste-collection sites. 
D. Exceptions. 
1. Disposal of clean fill, as defined in OAR 340-093-0030, is considered a fill, not a 
Waste-Related use. 
2. Sewer pipes that serve a development are considered a Basic Utility. 
1.6.340 Wholesale Sales 
A. Characteristics. Wholesale Sales firms are involved in the sale, lease, or rent of products 
primarily intended for industrial, institutional, or commercial businesses. The uses 
emphasize on-site sales or order taking and often include display areas. Businesses may or 
may not be open to the general public, but sales to the general public are limited as a result 
of the way in which the firm operates. Products may be picked up on site or delivered to 
the customer. 
B. Accessory uses. Accessory uses may include offices, product repair, warehouses, parking, 
minor fabrication services, and repackaging of goods. 
C. Examples. Examples include sale or rental of machinery, equipment, heavy trucks, 
building materials, special trade tools, welding supplies, machine parts, electrical supplies, 
janitorial supplies, restaurant equipment, and store fixtures; mail order houses; and 
wholesalers of food, clothing, auto parts, building hardware, and office supplies. 
D. Exceptions. 
1. Firms that engage primarily in sales to the general public are classified as Retail 
Sales and Service. 
City of Silverton 
Zoning and Development Code 
1-66 City Council Approved 
October 6, 2008 
1.6.1 - Use Categories: R e s i d e n t i a l 
2. Firms that engage in sales on a membership basis are classified as either Retail 
Sales and Service or Wholesale Sales, based on a consideration of characteristics of 
the use. 
3. Firms that are primarily storing goods with little on-site business activity are 
classified as Warehouse, Freight Movement, and Distribution. 
City of Silverton 
Zoning and Development Code 
1-67 City Council Approved 
October 6, 2008 
1.6.4 - Use Categories: Institutional and Civic 
Institutional Use Categories 
1.6.400 Basic Utilities 
A. Characteristics. Basic Utilities are infrastructure services that need to be located in or 
near the area where the service is provided. Basic Utility uses generally do not have 
regular employees at the site. Services may be public or privately provided. All public 
safety facilities are Basic Utilities. 
B. Accessory uses. Accessory uses may include parking; control, monitoring, data or 
transmission equipment; and holding cells within a police station. 
C. Examples. Examples include water and sewer pump stations; sewage disposal and 
conveyance systems; electrical substations; water towers and reservoirs; water quality and 
flow control facilities; water conveyance systems; stormwater facilities and conveyance 
systems; telephone exchanges; bus stops or turnarounds, suspended cable transportation 
systems, transit centers; and public safety facilities, including fire and police stations, and 
emergency communication broadcast facilities. 
D. Exceptions. 
1. Services where people are generally present, other than bus stops or turnarounds, 
transit centers, and public safety facilities, are classified as Community Services or 
Offices. 
2. Utility offices where employees or customers are generally present are classified as 
Offices. 
3. Bus barns are classified as Warehouse and Freight Movement. 
4. Public or private passageways, including easements, for the express purpose of 
transmitting or transporting electricity, gas, oil, water, sewage, communication 
signals, or other similar services on a regional level are classified as Rail Lines and 
Utility Corridors. 
1.6.410 Colleges 
A. Characteristics. This category includes colleges and other institutions of higher learning 
that offer courses of general or specialized study leading to a degree. They are certified by 
the State Board of Higher Education or by a recognized accrediting agency. Colleges tend 
to be in campus-like settings or on multiple blocks, though they may be contained in a 
single building. 
City of Silverton 
Zoning and Development Code 
1-68 City Council Approved 
October 6, 2008 
1.6.4 - Use Categories: Institutional and Civic 
B. Accessory Uses. Accessory uses include offices, housing for students, food service, 
laboratories, health and sports facilities, theaters, meeting areas, parking, maintenance 
facilities, and support commercial. 
C. Examples. Examples include universities, liberal arts colleges, community colleges, 
nursing and medical schools not accessory to a hospital, computer schools, higher 
education religious schools, and seminaries. 
D. Exceptions. Business and trade schools are classified as Retail Sales and Service. 
1.6.420 Community Services 
A. Characteristics. Community Services are uses of a public, nonprofit, or charitable nature 
generally providing a local service to people of the community. Generally, they provide 
the service on the site or have employees at the site on a regular basis. The service is 
ongoing, not just for special events. Community centers or facilities that have membership 
provisions are open to the general public to join at any time, (for instance, any senior 
citizen could join a senior center). The use may provide mass shelter or short term 
housing where tenancy may be arranged for periods of less than one month when operated 
by a public or non-profit agency. The use may also provide special counseling, education, 
or training of a public, nonprofit or charitable nature. 
B. Accessory uses. Accessory uses may include offices; meeting areas; food preparation 
areas; parking, health and therapy areas; daycare uses; and athletic facilities. 
C. Examples. Examples include city hall and similar governmental uses, libraries, museums, 
senior centers, community centers, publicly owned swimming pools, youth club facilities, 
hospices, ambulance stations, drug and alcohol centers, social service facilities, mass 
shelters or short-term housing when operated by a public or non-profit agency, vocational 
training for the physically or mentally disabled, soup kitchens, and surplus food or 
clothing distribution centers. 
D. Exceptions. 
1. Private lodges, clubs, and private or commercial athletic or health clubs are 
classified as Retail Sales and Service. Commercial museums (such as a museum) 
are in Retail Sales and Service. 
2. Parks are in Parks and Open Areas. 
3. Uses where tenancy is arranged on a month-to-month basis, or for a longer period 
are residential, and are classified as Household or Group Living. 
4. Public safety facilities are classified as Basic Utilities. 
City of Silverton 
Zoning and Development Code 
1-69 City Council Approved 
October 6, 2008 
1.6.4 - Use Categories: Institutional and Civic 
1.6.430 Daycare - Family Daycare 
A. Characteristics. Family daycare use includes care given by a "family daycare" provider 
as defined by ORS 657A.440 if the care is given to 16 or fewer children at any one time 
including the children of the provider. Family daycare is care regularly given in the family 
living quarters of the provider's home, and is regulated as a home occupation. 
B. Accessory Uses. Accessory uses are the same as for a single family dwelling and include 
recreation area, play areas, kitchens, dining areas, laundry, and parking as required under 
applicable state regulations. 
C. Examples. Examples include child daycare as provided in ORS 657A.440. 
D. Exceptions. Family daycare use does not include care given by the parents, guardians, or 
relatives of the children, or care of the same by babysitters. 
1.6.440 Daycare - non-Family Daycare 
A. Characteristics. Non-family daycare use includes day or evening care of two or more 
children outside of the children's homes, for a fee, in commercial districts. Daycare uses 
also include the daytime care of teenagers or adults who need assistance or supervision. 
B. Accessory Uses. Accessory uses include offices, play areas, kitchens, laundry, and 
parking. 
C. Examples. Examples include preschools, nursery schools, latch key programs, and adult 
daycare programs. 
D. Exceptions. Does not include family daycare, which is regulated as a home occupation. 
1.6.450 Medical Centers 
A. Characteristics. Medical Centers includes uses providing medical or surgical care to 
patients and offering overnight care. Medical centers tend to be on multiple blocks or in 
campus settings. 
B. Accessory uses. Accessory uses include out-patient clinics, offices, laboratories, teaching 
facilities, meeting areas, cafeterias, parking, maintenance facilities, and housing facilities 
for staff or trainees. 
C. Examples. Examples include hospitals and medical complexes that include hospitals. 
D. Exceptions. 
1. Uses that provide exclusive care and planned treatment or training for psychiatric, 
alcohol, or drug problems, where patients are residents of the program, are 
classified in the Group Living category. 
City of Silverton 
Zoning and Development Code 
1-70 City Council Approved 
October 6, 2008 
1.6.4 - Use Categories: Institutional and Civic 
2. Medical clinics that provide care where patients are generally not kept overnight are 
classified as Office. 
3. Urgency medical care clinics are classified as Retail Sales and Service. 
1.6.460 Parks, Open Areas and Cemeteries 
A. Characteristics. Parks, Open Areas and Cemeteries are uses of land focusing on natural 
areas, large areas consisting mostly of vegetative landscaping or outdoor recreation, 
community gardens, or public squares. Lands tend to have few structures. 
B. Accessory uses. Accessory uses may include club houses, maintenance facilities, 
concessions, caretaker's quarters (not to exceed 800 square feet), and parking. 
C. Examples. Examples include parks, golf courses, cemeteries, public squares, plazas, 
linear parks, recreational trails, botanical gardens, boat launching areas, nature preserves, 
and land used for grazing that is not part of a farm or ranch. 
1.6.470 Religious Institutions and Places of Worship 
A. Characteristics. Religious Institutions are intended to primarily provide meeting areas for 
religious activities. 
B. Accessory uses. Accessory uses include Sunday school facilities, parking, caretaker's 
housing (not to exceed 800 square feet), one transitional housing unit, and group living 
facilities such as convents. A transitional housing unit is a housing unit for one household 
where the average length of stay is less than 60 days. Religious schools, when accessory 
to a religious institution, are different than a school as a primary use. 
C. Examples. Examples include churches, temples, synagogues, and mosques. See also, 
Religious Schools included in 1.4.480 Schools. 
1.6.480 Schools 
A. Characteristics. This category includes public and private schools, secular or religious, at 
the primary, elementary, middle, junior high, or high school level that provide state 
mandated basic education. 
B. Accessory uses. Accessory uses include play areas, cafeterias, recreational and sport 
facilities, auditoriums, and before- or after-school daycare. 
C. Examples. Examples include public and private daytime schools, boarding schools and 
military academies. 
City of Silverton 
Zoning and Development Code 
1-71 City Council Approved 
October 6, 2008 
1.6.4 - Use Categories: Institutional and Civic 
D. Exceptions. 
1. Preschools are classified as Daycare uses. 
2. Business and trade schools are classified as Retail Sales and Service. 
3. Religious schools, when accessory to a religious institution or place of worship, are 
classified as a Religious Institution. 
1.6.490 Jails and Detention Facilities 
A. Characteristics: Detention Facilities includes facilities for judicially required detention 
or incarceration of people. Inmates and detainees are under 24-hour supervision by 
sworn officers, except when on approved leave. 
B. Accessory Uses: Accessory uses includes offices, recreational and health facilities, 
therapy facilities, maintenance facilities, and hobby and manufacturing activities. 
C. Use Example: Types of uses include, but are not limited to: prisons, jails, probation 
centers, and juvenile detention homes. 
D. Exceptions: Programs that provide care and training or treatment for psychiatric, 
alcohol, or drug problems, where patients are residents of the program, but where patients 
are not supervised by sworn officers, are classified as Group or Assisted Living. 
Programs that provide transitional living experience for former offenders, such as 
halfway houses, where sworn officers do not supervise residents, are also classified as 
Group or Assisted Living. 
City of Silverton 
Zoning and Development Code 
1-72 City Council Approved 
October 6, 2008 
1.6.5 - Use Categories: Other 
Other Use Categories 
1.6.500 Agriculture 
A. Characteristics. Agriculture includes activities that raise, produce or keep plants or 
animals. 
B. Accessory uses. Accessory uses include dwellings for proprietors and employees of the 
use, and animal training. 
C. Examples. Examples include breeding or raising of fowl or other animals; dairy farms; 
stables; riding academies; kennels or other animal boarding places; farming, truck 
gardening, forestry, tree farming; and wholesale plant nurseries. 
D. Exceptions. 
1. Processing of animal or plant products, including milk, and feed lots, are classified 
as Manufacturing and Production. 
2. Livestock auctions are classified as Wholesale Sales. 
3. Plant nurseries that are oriented to retail sales are classified as Retail Sales and 
Service. 
4. When kennels are limited to boarding, with no breeding, the City may determine the 
use category is Agriculture or Retail Sales and Service. 
1.6.510 Mining 
A. Characteristics. Mining includes mining or extraction of mineral or aggregate resources 
from the ground for off-site use. 
B. Accessory uses. Accessory uses include storage, sorting, stockpiling, or transfer off-site 
of the mined material 
C. Examples. Examples include quarrying or dredging for sand, gravel or other aggregate 
materials; mining; and oil, gas, or geothermal drilling. 
1.6.520 Radio Frequency Transmission Facilities 
A. Characteristics. Radio Frequency Transmission Facilities includes all devices, 
equipment, machinery, structures or supporting elements necessary to produce non-
ionizing electromagnetic radiation within the range of frequencies from 100 KHz to 300 
GHz and operating as a discrete unit to produce a signal or message. Towers may be self 
supporting, guyed, or mounted on poles or buildings. 
City of Silverton 
Zoning and Development Code 
1-73 City Council Approved 
October 6, 2008 
1.6.5 - Use Categories: Other 
B. Accessory Uses. Accessory use may include transmitter facility buildings. 
C. Examples. Examples include broadcast towers, communication/cell towers, and point to 
point microwave towers. 
D. Exceptions. 
1. Receive-only antennae are not included in this category. 
2. Radio and television studios are classified in the Office category. 
3. Radio Frequency Transmission Facilities that are public safety facilities are 
classified as Basic Utilities. 
1.6.530 Rail Lines and Utility Corridors 
A. Characteristics. This category includes railroad tracks and lines for the movement of 
trains. The land may be owned or leased by the railroad. The category also includes public 
or private passageways, including easements, for the express purpose of transmitting or 
transporting electricity, gas, oil, water, sewage, communication signals, or other similar 
services on a regional level. 
B. Examples. Examples include rail trunk and feeder lines; regional electrical transmission 
lines; and regional gas and oil pipelines. 
C. Exceptions. 
1. Railroad lead and spur lines for delivery of rail cars to sites or for unloading of rail 
cars on specific sites are classified as accessory to the primary use of the site. 
2. Rail lines and utility corridors that are located within motor vehicle rights-of-way 
are not included. 
3. Railroad yards are classified in the Railroad Yards category. 
1.6.540 Railroad Yards 
A. Characteristics. Railroad yards are areas that contain multiple railroad tracks used for 
rail car switching, assembling of trains, and transshipment of goods from other 
transportation modes to or from trains. 
B. Accessory Uses. Accessory uses include offices, employee facilities, storage areas, 
railcar maintenance and repair facilities, and parking. 
City of Silverton 
Zoning and Development Code 
1-74 City Council Approved 
October 6, 2008 
1.7 - Enforcement 
Chapter 1.7 — Enforcement 
Sections: 
1.7.100 Provisions of this Code Declared to be Minimum Requirements 
1.7.200 Violation of Code Prohibited. 
1.7.300 Penalty. 
1.7.400 Complaints Regarding Violations. 
1.7.500 Inspection and Right of Entry. 
1.7.600 Abatement of Violations. 
1.7.100 Provisions of this Code Declared to be Minimum Requirements 
A. Minimum requirements intended. In their interpretation and application, the provisions of 
this Code shall be held to be minimum requirements, adopted for the protection of the public 
health, safety, and general welfare. 
B. Most restrictive requirements apply. When the requirements of this Code vary from other 
provisions of this Code or with other applicable standards, the most restrictive or that 
imposing the highest standard shall govern. 
1.7.200 Violation of Code Prohibited 
No person shall erect, construct, alter, demolish, maintain or use any building or structure or 
shall use, divide or transfer any land in violation of this Code, permits, approvals, code 
standards, applicable conditions of approval, other regulations, or any amendment thereto. 
1.7.300 Penalty 
In addition to any other remedies set forth in the Silverton Municipal Code, the general penalties 
and procedures set forth in Section 1.08.010 of the Silverton Municipal Code apply to any and all 
violations of this Development Code. The City may, at its option, elect to pursue such procedure 
in lieu or in addition to any other remedy previously set. Violation of any condition or 
requirement of any land use approval constitutes a civil infraction when such violation does not, 
in of itself, constitutes a separate violation of the Silverton Municipal Code 
1.7.400 Complaints Regarding Violations 
All reports or complaints of infractions covered by this article shall be made or referred to an 
authorized building official and/or code enforcement officer. 
City of Silverton 
Zoning and Development Code 
1-75 City Council Approved 
October 6, 2008 
1.7 - Enforcement 
1.7.500 Inspection and Right of Entry 
The purpose of inspections shall be to determine whether there is compliance with the laws, 
rules, and regulations which are designed for the protection of the health, safety, and welfare of 
the public. The Community Development Director or his/her designee may make periodic and 
routine inspections of properties and premises within the corporate limits of the City of 
Silverton. The Director is also empowered to make such inspections in response to exigent 
circumstances that would cause a reasonable person to believe that entry or other relevant prompt 
action was necessary to prevent physical harm or to otherwise address public health safety and 
welfare conditions or non-compliance with such rules, conditions, requirements, regulations, and 
laws. 
In the event that any authorized officer or employee of the City of Silverton shall be denied 
access to any property or premises for the purposes of making an inspection provided for in this 
ordinance, then such officer or employee shall not inspect such premises unless and until he has 
obtained from the municipal judge of the City of Silverton a search warrant for the inspection of 
such premises. 
A search warrant for inspections can only be issued under the terms of this ordinance when an 
affidavit has been filed with the City's municipal court showing probable cause for the 
inspection by stating: 
A. The purpose and extent of the proposed inspection; 
B. The ordinance or ordinances which form the basis for the inspection; and, 
C. Whether it is a routine or periodic inspection, an inspection initiated by complaint, other 
specific or general information, or observation concerning the property or premises or the 
area in which it is situated. It shall be unlawful for any person, firm, or corporation to 
hinder, delay, or obstruct the inspection of premises based on a search warrant issued 
under the terms of this ordinance. 
1.7.600 Abatement of Violations 
The location, erection, construction, demolition, maintenance, repair, alteration or use of a 
building or other structure in violation of this ordinance shall be deemed a civil infraction and 
may be enforced as such. 
City of Silverton 
Zoning and Development Code 
1-76 City Council Approved 
October 6, 2008 
Article 2 - Land Use (Zoning) Districts 
Chapters: 
2.1 Organization of Land Use Districts 2-5 
2.1.100 Classification of Land Use Districts 2-5 
2.1.200 Land Use District Map 2-6 
2.1.300 Determination of Land Use District Boundaries 2-6 
2.2 Residential (R) Districts 2-7 
2.2.100 Residential Districts - Purpose and Applicability 2-7 
2.2.110 Residential Districts - Allowed Land Uses 2-9 
2.2.120 Residential Districts - Development Standards 2-16 
2.2.130 Residential Districts - Setback Yards and Build-To Line: 2-21 
Exceptions, Reverse Frontage Lots, Flag Lots 
2.2.140 Reserved 2-22 
2.2.150 Residential Districts - Housing Density 2-22 
2.2.160 Residential Districts - Lot Coverage and Impervious Surfaces 2-23 
2.2.170 Residential Districts - Building Height: Measurement and 2-24 
Exceptions 
2.2.180 Residential Districts - Building Orientation 2-25 
2.2.190 Residential Districts - Architectural Design Standards 2-28 
2.2.200 Residential Districts - Special Use Standards 2-33 
2.3 Commercial (C) Districts 2-44 
2.3.100 Commercial Districts - Purpose and Applicability 2-44 
2.3.110 Commercial Districts - Allowed Land Uses 2-46 
2.3.120 Commercial Districts - Development Standards 2-50 
2.3.130 Commercial Districts - Zero Setbacks and Build-To Line 2-52 
2.3.140 Commercial Districts - Lot Coverage and Impervious Surface 2-52 
2.3.150 Commercial Districts - Building Orientation and 2-52 
Commercial Block Layout 
2.3.160 Commercial Districts - Special Use Standards 2-65 
2.3.170 Commercial Districts - Pedestrian Amenities 2-68 
2.3.180 General Commercial District Design Standards 2-69 
2.3.190 Reserved 2-73 
2.3.200 Downtown Commercial District Design Standards 2-73 
2.3.210 Downtown Commercial Fringe District Design Standards 2-82 
City of Silverton 
Zoning and Development Code 
2-1 City Council Approved 
October 6, 2008 
2.4 Industrial (I) Districts 2-89 
2.4.100 Industrial Districts - Purpose 2-90 
2.4.110 Industrial Districts - Allowed Uses 2-90 
2.4.120 Industrial Districts - Setback Yards and Buffering 2-94 
2.4.130 Industrial Districts - Lot Coverage 2-95 
2.4.140 Industrial Districts - Site Layout and Design 2-95 
2.4.150 Industrial Districts - Building and Structure Height 2-96 
2.4.160 Industrial Districts - Performance Standards 2-96 
2.5 Flood Plain (/FP) Overlay 2-100 
2.5.100 Purpose 2-100 
2.5.110 Development to Which These Regulations Apply 2-100 
2.5.120 Lands to Which These Regulations Apply 2-100 
2.5.130 Floodplain Variances 2-101 
2.5.140 Definitions 2-102 
2.5.150 State and Federal Approval 2-104 
2.5.160 Floodway Restrictions 2-104 
2.5.170 Alteration of the Flood Carrying Capacity of a 2-105 
Watercourse Prohibited 
2.5.180 General Information Requirements 2-105 
2.5.190 Land Division and Planned Development Standards 2-106 
2.5.200 Manufactured Home Parks 2-107 
2.5.210 Building Standards 2-107 
2.5.220 Procedure 2-108 
2.5.230 Flood Hazard Reduction Standards 2-109 
2.5.240 Accessory buildings in floodplain districts that represent 2-110 
a minimal investment are exempt from the standards 
of 2.5.210 and 2.5.220 
2.5.250 Recreation Vehicles in Floodplain Districts 2-110 
2.5.260 Warning and Disclaimer of Liability 2-110 
2.5.270 Storage of Material and Equipment 2-111 
2.6 Hillside Protection (/H) Overlay 2-112 
2.6.100 Purpose 2-112 
2.6.110 Applicability 2-112 
2.6.120 General 2-113 
2.6.130 Reports Required 2-113 
2.6.140 Development Density Options 2-114 
2.6.150 Building Location and Design Standards 2-115 
City of Silverton 
Zoning and Development Code 
2-2 City Council Approved 
October 6, 2008 
2.6.160 Re-vegetation Standards - Slopes Greater Than 20% 2-116 
2.6.170 Grading, Cut and Fill Standards 2-117 
2.6.180 Grading and Erosion Control 2-117 
2.6.190 Storm Drainage 2-120 
2.6.200 Street Standards 2-120 
2.6.210 Driveway Standards 2-121 
2.6.220 Tree Conservation, Protection and Removal 2-121 
2.6.230 Modification of Standards 2-124 
2.6.240 Variance from Hillside Lands Development Standards 2-125 
2.7 Wetlands and Riparian (/WR) Overlay 2-126 
2.7.110 Wetland-Purpose 2-126 
2.7.120 Applicability 2-126 
2.7.130 Restrictions on Development Within Wetlands 2-126 
2.7.140 Floodplain District and Wetlands Density Calculation 2-127 
2.7.150 Riparian-Purpose 2-127 
2.7.160 Definitions 2-128 
2.7.170 Riparian Corridor, Applicability 2-128 
2.7.180 Riparian Corridor, Location 2-129 
2.7.190 Permitted Activities within Riparian Corridors 2-129 
2.7.200 Conditional Uses within Riparian Corridors 2-130 
2.7.210 Prohibited Activities within Riparian Corridors 2-131 
2.7.220 Riparian Corridors, Reduction or Deviation 2-131 
2.7.230 Conservation and Maintenance of Riparian Corridors 2-131 
2.8 Public Use (/P) Overlay 2-133 
2.8.110 Public Overlay-Purpose 2-133 
2.8.120 Applicability 2-133 
2.8.130 Abandoning Use - Transfer of Ownership 2-133 
2.8.140 Changing Use 2-134 
2.8.150 Public Overlay District Standards 2-135 
City of Silverton 
Zoning and Development Code 
2-3 City Council Approved 
October 6, 2008 
This page intentionally left blank 
City of Silverton 2-4 City Council Approved 
Zoning and Development Code October 6, 2008 
2.1- Organization of Land Use Districts 
Chapter 2.1 - Organization of Land Use Districts 
Sections: 
2.1.100 Classification of Land Use Districts 
2.1.200 Land Use District Map 
2.1.300 Determination of Land Use District Boundaries 
2.1.100 Classification of Land Use Districts 
Every parcel, lot, and tract of land within the City of Silverton is designated with a land use 
(zoning) district. The use of land is limited to the uses allowed by the applicable 
Comprehensive Plan designation, land use designation and zoning district and/or overlay zone. 
The applicable districts and overlay zone(s) are determined based on the City of Silverton 
Zoning Map and the provisions of this Chapter, which shall be consistent with the City of 
Silverton Comprehensive Plan, as indicated in Table 2.1.100. 
Table 2.1.100 
Comprehensive Plan Designation Applicable Land Use District(s) 
Residential - Single Family Acreage Residential (AR) 
Single Family Residential (R-1) 
Low Density Residential (R-5) 
Residential - Multiple Family Multiple Family Residential (RM-10) 
Multiple Family Residential (RM-20) 
Commercial Downtown Commercial (DC) 
Downtown Commercial Fringe (DCF) 
General Commercial (GC) 
Industrial Industrial Park (IP) 
Light Industrial (LI) 
Industrial (I) 
Overlay Zones Flood Plain (/FP) Overlay 
Hillside Protection (/H) 
Public Use (/P) Overlay 
Wetlands and Riparian (/WR) Overlay 
City of Silverton 
Zoning and Development Code 
2-5 City Council Approved 
October 6, 2008 
2.1.200-300 - Land Use District Map and Boundaries 
2.1.200 Land Use District Map 
A. Consistency with Zoning Map. The boundaries of the land use districts contained within 
this chapter shall coincide with the boundaries identified on the City's official Zoning Map, 
retained by the City Recorder. Said map by this reference is made a part of this 
Development Code. The official zoning map, and any map amendments, shall be 
maintained by the City. 
B. Applicability. Each lot, tract, and parcel of land or portion thereof within the land use 
district boundaries designated on the Official Zoning Map, is classified, zoned and limited 
to the uses hereinafter specified and defined for the applicable land use district. 
2.1.300 Determination of Land Use District Boundaries 
When amending land use district boundaries, the city's comprehensive plan map is the primary 
source for determining appropriate boundaries. Where the plan map does not provide sufficient 
detail or direction, district locations and boundaries shall be guided by the purpose and 
applicability statements at the beginning of each land use chapter (Chapters 2.2 through 2.8). 
Where due to the scale, lack of scale, lack of detail or illegibility of the City zoning map, or 
due to any other reason, there is uncertainty, contradiction or conflict as to the existing or 
intended location of a district boundary line, the boundary line shall be determined by the 
Planning Official in accordance with all of the following criteria: 
A. Rights-of-way. Boundaries indicated as approximately following the center lines of streets, 
highways, railroad tracks, alleys, irrigation canals, bridges, or other right-of-way shall be 
construed to follow such center lines. Whenever any public right-of-way is lawfully 
vacated, the lands formerly within the vacated right-of-way shall automatically be subject 
to the same land use district designation that is applicable to lands abutting the vacated 
areas. In cases where the right-of-way formerly served as a land use district boundary, the 
lands within the right-of-way now vacated shall be allocated proportionately among the 
subject land use districts; 
B. Parcel, lot, tract. Boundaries indicated as approximately following the boundaries of a 
parcel, lot, or tract shall be construed as following such boundaries; 
C. Jurisdiction boundary. Boundaries indicated as approximately following a City or County 
boundary, or the Urban Growth Boundary, shall be construed as following said boundary; 
and 
D. Natural features. Boundaries indicated as approximately following a river, stream, 
drainage channel, drainage basin, topographic contour or other changeable natural feature 
not corresponding to any feature listed in subsection A-C, above, shall be construed as 
following such feature, except that the location may be corrected administratively through a 
Type II (Code Interpretation) procedure under Chapter 4.8. 
City of Silverton 
Zoning and Development Code 
2-6 City Council Approved 
October 6, 2008 
2.2 - Residential (R) Land Use Districts - Purpose 
Chapter 2.2 - Residential (R) Districts 
Sections: 
2.2.100 Residential Districts - Purpose and Applicability 
2.2.110 Residential Districts - Allowed Land Uses 
2.2.120 Residential Districts - Development Standards 
2.2.130 Residential Districts - Setback Yards and Build-To Line: Exceptions, Reverse 
Frontage Lots, Flag Lots 
2.2.140 Reserved 
2.2.150 Residential Districts - Housing Density 
2.2.160 Residential Districts - Lot Coverage and Impervious Surfaces 
2.2.170 Residential Districts - Building Height: Measurement, Exceptions, RS Step-
Down Requirement 
2.2.180 Residential Districts - Building Orientation 
2.2.190 Residential Districts - Architectural Design Standards 
2.2.200 Residential Districts - Special Use Standards 
2.2.100 Residential Districts- Purpose and Applicability. 
A. Purpose. The Residential Districts promote the livability, stability and improvement of the 
City's neighborhoods. The districts are intended to: 
• Promote the orderly development of neighborhoods. 
• Make efficient use of land and public services and implement the Comprehensive Plan. 
• Designate land for the range of housing types and densities needed by the community, 
including owner-occupied and rental housing. 
• Allow for convenient neighborhood access to parks, schools, places of worship, and other 
supportive services, compatible with planned residential densities. 
• Provide flexible lot standards that encourage compatibility between land uses, efficiency 
in site design, and environmental compatibility. 
• Provide for compatible building and site design at an appropriate neighborhood scale; 
provide standards that are in character with the landforms and desired architectural 
character of Silverton. 
• Apply the minimum amount of regulation necessary to ensure compatibility with existing 
residences, schools, parks, transportation facilities, and neighborhood services. 
• Reduce reliance on the automobile for neighborhood travel and provide options for 
walking, bicycling and transit use. 
• Provide direct and convenient access to schools, parks and neighborhood services. 
• Accommodate acreage residential uses in areas not yet served with urban infrastructure. 
City of Silverton 
Zoning and Development Code 
2-7 City Council Approved 
October 6, 2008 
2.2 - Residential (R) Land Use Districts - Purpose 
B. Applicability. The land use districts shall be applied consistently with the policies and land 
use designations of the City of Silverton Comprehensive Plan text and map. Where the 
Comprehensive Plan allows for the possible application of more than one land use district 
(i.e., at the time of annexation or any proposed rezoning), the districts shall be applied 
appropriately based on the following criteria and consistent with the amendment procedures 
in Chapter 4.7. Densities may be transferred or adjusted through the Planned Development 
approval process under Chapter 4.5, provided the overall density on the site conforms with 
the density range allowed per the comprehensive plan designation. The purpose of this is to 
provide for exceptional development designs that conserve open spaces and meet other 
community planning objectives. 
1. Single Family Residential (R-1) zone is one of the land use districts that implements the 
Single Family Residential Comprehensive Plan Land Use Designation. It is intended 
primarily for household and group living at densities ranging from 2 dwellings per acre 
to not more than 6 dwellings per acre. Hillside properties zoned R-1 shall also be subject 
to the Hillside Protection overlay zone provisions under Chapter 2.6. 
2. Low Density Residential (R-5) zone is one of the land use districts that implements the 
Single Family Residential Comprehensive Plan Land Use Designation. It is intended to 
accommodate a variety of household and group living uses, including attached and 
detached dwellings, on small and medium-size lots, at densities ranging from 5 dwellings 
per acre to not more than 10 dwellings per acre. The R-5 district is an appropriate 
transition between R-1 zoning and higher density residential or commercial districts. 
3. Multiple Family Residential (RM-10) zone is one of the districts that implements the 
Multi-Family Comprehensive Plan Land Use Designation. It is intended to accommodate 
a variety of household and group living uses, including multiple family, attached single 
family and small-lot detached dwellings, at densities ranging from 10 dwellings per acre 
to not more than 20 dwellings per acre. The RM-10 district is an appropriate transition 
between R zoning and higher density residential or commercial districts. 
4. Multiple Family Residential (RM-20) is one of the zones that intended to accommodate 
household and group living uses, including multifamily and attached single family 
dwellings, at densities ranging from 20 dwellings per acre to not more than 32 dwellings 
per acre. The RM-20 district provides for a variety of higher density residential living 
options. 
5. Acreage Residential (AR) is intended to provide appropriate regulations governing the 
division and development of lands designated Acreage Residential in the Comprehensive 
Plan. These are properties which prior to being annexed to the city may have been 
developed consistent with Marion County's rural regulations. The district allows the 
continued use of existing rural residential developments provided they do not exceed the 
environmental and public service capabilities of the area. It also recognizes that 
properties designated AR are in transition from rural to urban uses. Certain uses such as 
farming that may not be permitted on other lands within the city limits may otherwise be 
allowed on AR lands. It is not intended to be an alternative zoning designation for lands 
that are already designated to accommodate future urban development at higher densities. 
City of Silverton 
Zoning and Development Code 
2-8 City Council Approved 
October 6, 2008 
2.2.110 - Residential (R) Land Use Districts - Allowed Uses 
2.2.110 Residential Districts - Allowed Land Uses 
Table 2.2.110.A identifies the land uses that are allowed in the Residential Districts. The specific 
land use categories are described and examples of uses are provided in Chapter 1.6. Land uses 
may not be modified through a Planned Development, except as provided in Chapter 4.5. Table 
2.2.110.B specifies the land uses allowed in the Acreage Residential District. 
Table 2.2.110.A - Land Uses Allowed in Residential Districts (R-1, R-5, RM-10, RM-20) 
Uses Status of Use in District 
Use Categories 
(Examples of uses are in Chapter 1.6; definitions 
are in Chapter 1.5.) 
Single 
Family 
Residential 
(R-1) 
Low Density 
Residential 
(R-5) 
Multi Family 
Residential 
(RM-10) 
Multi 
Family 
Residential 
(RM-20) 
Residential Categories 
Household Living 
Single Family (not attached; does not include 
cottage cluster developments) P P P P 
Accessory Dwelling, per Section 2.2.200 S S S S 
Duplex (2 dwellings sharing a common wall on 
one lot), per Sec. 2.2.200 
- One duplex: corner lot S P P P 
- One duplex: interior non-corner lot S P P P 
- More than one duplex (4+ units) 
consecutively attached 
N DR DR DR 
Single Family Attached (2 or more common-wall 
single family dwellings), each on its own lot, per 
Section 2.2.200 
N S S S 
Key: 
P = Permitted, subject to land use review 
S = Permitted with standards (Section 2.2.200), except standards may be modified with a Planned 
Development Overlay 
DR= Design Review required (Chapter 4.2) 
CU = Conditional Use required (Chapter 4.4). 
N = Not permitted 
City of Silverton 
Zoning and Development Code 
2-9 City Council Approved 
October 6, 2008 
2.2.110 - Residential (R) Land Use Districts - Allowed Uses 
Table 2.2.110.A - Land Uses Allowed in Residential Districts (R-1, R-5, RM-10, RM-20) 
Uses Status of Use in District 
Use Categories 
(Examples of uses are in Chapter 1.6; definitions 
are in Chapter 1.5.) 
Single 
Family 
Residential 
(R-1) 
Low Density 
Residential 
(R-5) 
Multi Family 
Residential 
(RM-10) 
Multi 
Family 
Residential 
(RM-20) 
Cottage Cluster (2-4 single family dwellings on 
one lot), per Section 2.2.200 N DR DR DR 
Manufactured Home on individual lot, per Section 
2.2.200, except manufactured home subdivisions S S S S 
Manufactured Home Park, per Chapter 2.2.200 
- Lawfully existing as of [effective date] 
- New manufactured home park 
N/A 
N 
N/A 
DR 
N/A 
DR 
N/A 
N 
Multifamily (3 or more dwellings on lot) N DR DR DR 
1 Group Living^^^^^^^^^^^^^^^^^H 
Group Living (Dormitories, sororities, fraternities) N N CU CU 
Group Care Home, per Section 2.2.200 P P P P 
Group Care Facility, per Section 2.2.200 N N DR DR 
Group Care Institution, per Section 2.2.200 N N DR DR 
Commercial Categories 
Bed and Breakfast Inn CU+S CU+S CU+S CU+S 
Home Occupation, per the standards in Section 
2.2.200. S S S S 
Key: 
P = Permitted, subject to land use review 
S = Permitted with standards (Section 2.2.200), except standards may be modified with a Planned 
Development Overlay 
DR= Design Review required (Chapter 4.2) 
CU = Conditional Use required (Chapter 4.4) 
N = Not permitted 
City of Silverton 
Zoning and Development Code 
2-10 City Council Approved 
October 6, 2008 
2.2.110 - Residential (R) Land Use Districts - Allowed Uses 
Table 2.2.110.A - Land Uses Allowed in Residential Districts (R-1, R-5, RM-10, RM-20) 
Uses Status of Use in District 
Use Categories 
(Examples of uses are in Chapter 1.6; definitions 
are in Chapter 1.5.) 
Single 
Family 
Residential 
(R-1) 
Low Density 
Residential 
(R-5) 
Multi Family 
Residential 
(RM-10) 
Multi 
Family 
Residential 
(RM-20) 
Industrial Categories N N N N 
Institutional Categories 
Basic Utilities P P P P 
Telecommunication facilities and towers N N N N 
Daycare, adult or child 
- Family Daycare (16 or fewer children); 
subject to state licensing, ORS 657A. 
- Non-Family Daycare 
P 
CU 
P 
CU 
P 
CU 
P 
CU 
Parks and Open Space 
- outdoor uses, including parking 
- lighted sports fields and/or buildings 
exceeding 2,000 square feet 
P 
CU 
P 
CU 
P 
CU 
P 
CU 
Religious Institutions and Houses of Worship 
- Facilities lawfully established as of 
[effective date] 
- New facilities 
P 
CU 
P 
CU 
P 
CU 
P 
CU 
Schools CU CU CU CU 
Key: 
P = Permitted, subject to land use review 
S = Permitted with standards (Section 2.2.200), except standards may be modified with a Planned 
Development 
DR= Design Review required (Chapter 4.2) 
CU = Conditional Use required (Chapter 4.4) 
N = Not permitted 
City of Silverton 2-11 City Council Approved 
Zoning and Development Code October 6, 2008 
2.2.110 - Residential (R) Land Use Districts - Allowed Uses 
Table 2.2.110.A - Land Uses Allowed in Residential Districts (R-1, R-5, RM-10, RM-20) 
Uses Status of Use in District 
Use Categories 
(Examples of uses are in Chapter 1.6; definitions 
are in Chapter 1.5.) 
Single 
Family 
Residential 
(R-1) 
Low Density 
Residential 
(R-5) 
Multi Family 
Residential 
(RM-10) 
Multi 
Family 
Residential 
(RM-20) 
Other Categories 
Accessory Structures (with a primary use) 
- no taller than 22 ft. and no larger than 
800 square feet of building footprint 
- taller than 22 ft. or larger than 800 
square feet of building footprint, not to 
exceed primary structure's floor area 
Membrane carports/canopies are not allowed 
within any required setback 
P 
CU 
P 
CU 
P 
CU 
P 
CU 
Farm Use, keeping of livestock, except roosters 
and swine, if greater than 1 acre P N N N 
Farm Use, sale of produce raised on premises P N N N 
Agriculture - Nurseries and similar horticulture 
(indoor or outdoor), P P P P 
Radio Frequency Transmission Facilities and 
Telecommunication Towers, excluding amateur 
radio antennae, when accessory to a permitted 
use, provided they do not exceed the permitted 
structure height 
N N N N 
Temporary Uses (limited to "P" and "CU" uses), 
per Section 4.9.100. P/CU P/CU P/CU P/CU 
Transportation Facilities (operation, maintenance, 
preservation, and construction per TSP) P P P P 
Key: 
P = Permitted, subject to land use review 
S = Permitted with standards (Section 2.2.200), except standards may be modified with a Planned 
Development 
DR= Design Review required (Chapter 4.2) 
CU = Conditional Use required (Chapter 4.4) 
N = Not permitted 
City of Silverton 2-12 City Council Approved 
Zoning and Development Code October 6, 2008 
2.2.110 - Residential (R) Land Use Districts - Allowed Uses 
Table 2.2.110.B - Land Uses Allowed in Acreage Residential District (AR) 
Uses Status of Use 
Use Categories 
(Examples of uses are in Chapter 1.6; definitions 
are in Chapter 1.5.) 
Residential Categories 
Household Living 
Single Family (not attached; does not include 
cottage cluster developments) P 
Accessory Dwelling, per Section 2.2.200 P 
Duplex (2 dwellings sharing a common wall on 
one lot), per Sec. 2.2.200 N 
Single Family Attached (2 or more common-wall 
single family dwellings), each on its own lot, per 
Section 2.2.200 
N 
Cottage Cluster (2-4 single family dwellings on 
one lot), per Section 2.2.200 N 
Manufactured Home on individual lot, per Section 
2.2.200, except manufactured home subdivisions S 
Manufactured Home Park, per Chapter 2.2.200 N 
Multifamily (3 or more dwellings on lot), except as 
provided for Cottage Housing N 
1 Group L/v/ng^^^^^^^^^^^^^^^^^H 
Group Care Home, per Section 2.2.200 P 
Group Care Facility or Institution, per Section 
2.2.200 N 
Key: 
P = Permitted, subject to land use review 
S = Permitted with standards (Section 2.2.200), except standards may be modified with a Planned 
Development 
DR = Design Review required (Chapter 4.2) 
CU = Conditional Use required (Chapter 4.4) 
N = Not permitted 
City of Silverton 2-13 City Council Approved 
Zoning and Development Code October 6, 2008 
2.2.110 - Residential (R) Land Use Districts - Allowed Uses 
Table 2.2.110.B - Land Uses Allowed in Acreage Residential District (AR) 
Uses Status of Use 
Use Categories 
(Examples of uses are in Chapter 1.6; definitions 
are in Chapter 1.5.) 
Commercial Categories 
Bed and Breakfast Inn CU+S 
Commercial Use in Conjunction with a Farm Use, 
involving primarily sales of produce or goods not 
produced on the premises 
CU 
Home Occupation, per the standards in Section 
2.2.200. P 
Kennels CU 
Other Commercial Uses Not Similar to Those 
Listed Above N 
Industrial Categories N 
Institutional Categories 
Basic Utilities P 
Telecommunication facilities and towers N 
Community Services P 
Daycare, adult or child 
- Family Daycare (16 or fewer children); 
subject to state licensing, ORS 657A. 
- Non-Family Daycare 
P 
N 
Parks and Open Space 
- outdoor uses, including parking 
- lighted sports fields and/or buildings 
exceeding 2,000 square feet 
P 
CU 
Religious Institutions and Houses of Worship 
- Facilities lawfully established as of 
[effective date] 
- New facilities, not exceeding 20,000 
square feet in total floor area 
P 
CU 
City of Silverton 
Zoning and Development Code 
2-14 City Council Approved 
October 6, 2008 
2.2.110 - Residential (R) Land Use Districts - Allowed Uses 
Table 2.2.110.B - Land Uses Allowed in Acreage Residential District (AR) 
Uses Status of Use 
Use Categories 
(Examples of uses are in Chapter 1.6; definitions 
are in Chapter 1.5.) 
Schools CU 
Other Categories 
Accessory Structures (with a primary use) 
- Meeting required setbacks and height 
regulations with a building footprint not to 
exceed the primary structure's footprint 
Membrane carports/canopies are not allowed 
within any required setback 
P 
Farm Use, including livestock and the sale of 
produce that is raised on the premises; riding 
academies and public stables 
P 
Agriculture - Nurseries and similar horticulture 
(indoor or outdoor), except gardening that is 
allowed as ancillary to a permitted residential use P 
Mining, and/or excavation that is not accessory to 
a permitted use with applicable land use approval N 
Radio Frequency Transmission Facilities and 
Telecommunication Towers, excluding amateur 
radio antennae, when accessory to a permitted 
use, provided they do not exceed the permitted 
structure height 
N 
Temporary Uses (limited to "P" and "CU" uses), 
per Section 4.9.100. P/CU 
Transportation Facilities (operation, maintenance, 
preservation, and construction per TSP) P 
Key: 
P = Permitted, subject to land use review 
S = Permitted with standards (Section 2.2.200), except standards may be modified with a Planned 
Development 
DR= Design Review required (Chapter 4.2) 
CU = Conditional Use required (Chapter 4.4) 
N = Not permitted 
City of Silverton 
Zoning and Development Code 
2-15 City Council Approved 
October 6, 2008 
2.2.120 - Residential (R) Land Use Districts - Development Standards 
2.2.120 Residential Districts - Development Standards 
The development standards in Table 2.2.120.A apply to all uses, structures, buildings, and 
development, and major remodels, in the Residential Districts. Table 2.2.120.B specifies 
development standards for the Acreage Residential District. The standards may be modified with 
approval of a Planned Development. 
Table 2.2.120.A - Development Standards for Residential Districts 
Standard R-1 R-5 RM-10 RM-20 
Density (DU/acre) - Min. and Max. 
2-6 du/acre, 
subject to dev. 
standards 
5-10 du/acre, 
subject to dev. 
standards 
10-20 du/acre, 
subject to dev. 
standards 
20-32 du/acre, 
subject to dev. 
standards 
Minimum Lot Area* (square feet) 
Sinale Family, not attached, where 
vehicle access provided from street 
7,000 sf interior 
8,000 sf corner 
5,000 sf 4,000 sf 4,000 sf 
Single Family, not attached, where 
vehicle access provided from alley 
6,000 sf interior 
7,000 sf corner 
4,000 sf 3,000 sf 3,000 sf 
Single Family, attached, where 
vehicle access provided from street 
Not permitted 5,000 sf 4,000 sf 4,000 sf 
Single Family, attached, where 
vehicle access provided from alley 
Not permitted 4,000 sf 2,200 sf 1,600 sf 
Duplex 7,000 sf interior 
8,000 sf corner 
7,000 sf 6,000 sf 5,000 sf 
Multiple-Family or Cottage Cluster Not permitted 2,000 sf per 
dwelling unit 
2,000 sf per 
dwelling unit 
1,200 sf per 
dwelling unit 
Non-Residential Uses, except tracts 
for open space and utilities 
7,000sf 5,000 sf 4,000 sf 4,000 sf 
*Lot area is subject to min. and max. density. Sizes may be reduced by 10% through lot size averaging, per 
Chapter 4.3.115 (Land Divisions) or 4.5.130 (Planned Development). Does not apply to open space and parks. 
Minimum Lot Width* 
Where Vehicle Access to be 
Provided from Street or Flag Lot 
50 ft 50 ft 40 ft 40 ft 
Where Vehicle Access to be 
Provided from Alley 
50 ft 40 ft 20 ft 16 ft 
City of Silverton 
Zoning and Development Code 
2-16 City Council Approved 
October 6, 2008 
2.2.120 - Residential (R) Land Use Districts - Development Standards 
Table 2.2.120.A - Development Standards for Residential Districts 
Standard R-1 R-5 RM-10 RM-20 
*Width is measured at the front setback line. For flag lots, width is measured at the front setback line on the "flag" 
portion of the lot. The minimum width on the "pole" portion of such lots is 20 feet. See also, Section 4.3.115, Flag 
Lots. All applicable setbacks, lot area, coverage and other standards must be met. 
Building/Structure Height 
See also, Sec. 2.2.130 Setbacks; 2.2.200.A Accessory Dwellings; 3.1.200, Clear Vision; 3.2.500, Fences and Walls. 
Standard Maximum Height 35 ft 35 ft 35 ft 35 ft 
Accessory Structure Heiaht 22 ft 22 ft 22 ft 22 ft 
Fences, Retaining/Garden Walls* 
Max. Height. - Front Yard 
Max. Height. - Interior Side 
Max. Height - Rear Yard 
Max. Height - Reverse Frontage 
Lot (rear) 
42 inches 
6 ft 
6 ft 
42", or 6 ft with 5 ft 
landscape buffer 
between fence/wall 
and sidewalk 
42 inches 
6 ft 
6 ft 
42", or 6 ft with 5 ft 
landscape buffer 
between fence/wall 
and sidewalk 
42 inches 
6 ft 
6 ft 
42", or 6 ft with 5 ft 
landscape buffer 
between fence/wall 
and sidewalk 
42 inches 
6 ft 
6 ft 
42", or 6 ft with 5 
ft landscape 
buffer between 
fence/wall and 
sidewalk 
Alley 
6 ft 6 ft 6 ft 6 ft 
*Retaining walls taller than 4 feet and fences 
taller than 6 feet require a building permit. 
1. Basic Lot Coverage Standards 
Lot coverage by buildings and 
structures exceeding 30 inches above 
grade (foundation plane divided by lot 
area) 
50% 50% 65% 75% 
2. Lot Coverage Bonus Allowable lot coverage by may increase when driveways, rooftops, and/or 
parking surfaces are designed with approved green building methods such 
as vegetated swales, stormwater planter boxes, rooftop gardens, or porous 
paving materials approved through Design Review. Lot coverage may 
increase by a ratio of one-half (0.5) square foot for every one (1) square foot 
of city-approved green building area. 
Min. Landscape Area (% site area), 
as required under Chapter 3.2 
Additional usable open space area may be 
required for multifamily projects, per Section 
2.2.200. 
All areas not 
covered by 
structures and 
pavement; not less 
than 10% of site 
All areas not 
covered by 
structures and 
pavement; not less 
than 12% of site 
All areas not 
covered by 
structures and 
pavement; not less 
than 10% of site 
All areas not 
covered by 
structures and 
pavement; not 
less than 8% of 
site 
City of Silverton 
Zoning and Development Code 
2-17 City Council Approved 
October 6, 2008 
2.2.120 - Residential (R) Land Use Districts - Development Standards 
Table 2.2.120.A - Development Standards for Residential Districts 
Standard R-1 R-5 RM-10 RM-20 
Minimum Setbacks (feet): 
See also, Sections 2.2.130 Setback Yards; 
3.1.200, Clear Vision, and 3.2.500, Fences 
and Walls. 
Front/Street Setback 
Primary Structure 15 ft 
Garages and Carport Entries 20 ft 
Accessory Structure 20 ft 
Front Porch, Balcony, Portico, 
Patio/Garden Wall and 
similar architectural 
elements that are less than 
50% enclosed 
12 ft from right of way line, provided the structure does not conflict with 
vision clearance at intersections, utilities or easements 
Note: Other standards may preclude building at a minimum setback. Be sure to avoid utilities, easements, and clear vision 
areas. See also, special setback for planned street improvements under Chapter 3.4. 
Side Setbacks 
One Story Structures 5 ft 
Two Story Structures 7 ft 
Accessory Structure, 5 ft 
Exceptions: 
Alley minimum setback 
Common Walls when allowed 
5 ft 
0 ft 
City of Silverton 
Zoning and Development Code 
2-18 City Council Approved 
October 6, 2008 
2.2.120 - Residential (R) Land Use Districts - Development Standards 
Table 2.2.120.A - Development Standards for Residential Districts 
Standard R-1 R-5 RM-10 RM-20 
Rear Setbacks 
One Story Structure 20 ft 
Two Story Structure 20 ft 
Accessory Structures 5 ft 
Porches, decks and similar structures May encroach into rear yard setback 10 ft 
Exceptions: 
Alley minimum setback 
Common Walls when allowed 
5 ft 
0 ft 
Special Setback for Planned Street 
Improvements in Residential 
Districts 
The City may require a minimum setback of up to 50 feet measured 
from the street center line to any structure, when a structure abuts a 
street containing less than the standard right-of-way for the subject 
street classification. Street classification and required right-of-way width 
are as indicated by the City of Silverton Transportation System Plan. 
Note: Other standards may preclude building at a minimum setback. Be sure to avoid utilities, easements, and clear 
vision areas. See also, special setback for planned street improvements under Chapter 3.4. 
City of Silverton 
Zoning and Development Code 
2-19 City Council Approved 
October 6, 2008 
2.2.120 - Residential (R) Land Use Districts - Development Standards 
Table 2.2.120.B - Development Standards for Acreage Residential Districts 
Standard AR 
Density (DU/acre) - Maximum 
No new lots will be allowed to be created through the subdivision 
or partition process until such time as sanitary sewer is provided 
to serve the proposed lot, and it can be shown that a need for 
additional residential lots cannot be met by additional lands 
elsewhere inside the urban growth boundary. (Ord. 03-118 § 1, 
2003; Ord. 02-102 § 1, 2002) 
Minimum Lot Area (square feet) N/A 
Maximum Building/Structure Height 
- Dwellings 
- Farm-related structures on farm 
parcels 
- Other structures 
35 ft 
None 
35 ft, except as otherwise approved with a conditional use 
Minimum Setbacks for New Single 
Family Dwellings 
- Rear Yard 
- Side Yard 
- Front Yard 
50 ft 
25 ft 
50 ft 
Minimum Setbacks for Accessory 
Structures and Other Nonresidential 
Structures 
- Rear Yard 
- Side Yard 
- Front Yard 
10 ft 
10 ft 
20 ft 
Exemptions 
Properties which are designated AR 
shall be exempt from the following City 
regulations due to the rural character 
and uses allowed in the AR district 
SMC 13.36.020 Privies, cesspools and septic tank prohibitions 
SMC 8.04.070 Barbed wire and electric fence prohibitions 
SMC 8.04.090 Hazardous containers and conditions 
SMC 8.04.100 Attractive nuisances 
SMC 8.04.110 Noxious vegetation 
SMC 8.04.140 Noise disturbances 
SMC 9.16.010 Discharging guns or other weapons prohibition 
*Except that the owner shall be responsible for complying with all 
applicable county, state and federal rules and regulations 
pertaining to the above topics. 
City of Silverton 
Zoning and Development Code 
2-20 City Council Approved 
October 6, 2008 
2.2.130 - Residential (R) Land Use Districts - Special Yard Setbacks and Exceptions 
2.2.130 Residential Districts - Setback Yards: Exceptions, Reverse Frontage Lots 
and Flag Lots 
A. Residential Yard Setbacks - Purpose 
Residential setback yards provide space for private yards and building separation for fire 
protection/security, building maintenance, sunlight and air circulation. The setback yard 
standards contained in Table 2.2.120 are also intended to promote human-scale design and traffic 
calming by diminishing the visual presence of garages along the street and encouraging the use 
of pedestrian amenities, such as extra-wide sidewalks and street furnishings in multiple family 
developments and in residential-commercial projects. The standards also encourage the 
orientation of buildings to provide street visibility for public safety and neighborhood security. 
B. Setback Yards- Exceptions 
Eaves, chimneys, bay windows, overhangs, and similar architectural features may encroach into 
a side yard setback by not more than 36 inches, provided that a setback of not less than thirty-six 
(36) inches is preserved, all applicable building and fire codes are met, and the clear vision 
standards in Section 3.1.200 are met. Porches, decks and similar structures not exceeding thirty 
(30) inches in height are not subject to setback provisions. Porches, decks and similar structures 
exceeding thirty (30) inches in height may encroach into the rear setback no more than ten (10) 
feet and may encroach into the front yard as provided in Table 2.2.120. Walls and fences built 
on property lines are subject to the height standards in Table 2.2.120 and the provisions of 
Sections 3.1.200, Vision Clearance, and 3.2.500, Fences and Walls. 
C. Setback Yards - Reverse Frontage Lots 
Buildings on reverse-frontage lots (through lots) shall be required to meet the street yard setback 
on both streets; a rear yard setback is not required. Reverse frontage lots are subject to the fence 
height and setback requirements in Section 2.2.120 and the landscape buffer requirements in 
Chapter 3.2.300. 
D. Setback Yards - Flag Lots 
Where flag lots are allowed, the front yard of the flag lot shall conform to one of the following, 
as designated by the approval body: 
Option 1. Adjacent to the street from which access is taken, or 
Option 2. Adjacent to the flag pole from which access is taken. 
The applicant for a building permit may request either Option 1 or Option 2, except as otherwise 
prescribed by conditions of a partition or subdivision approval, and provided adequate setbacks 
and privacy screening or fencing are provided. The City may impose such conditions of approval 
as provided under Section 4.3.115. 
City of Silverton 
Zoning and Development Code 
2-21 City Council Approved 
October 6, 2008 
2.2.150 - Residential (R) Land Use Districts - Density 
2.2.140 Reserved 
2.2.150 Residential Districts - Housing Density 
A. Residential Density Standard. To ensure efficient use of buildable lands and to provide for 
a range of needed housing in conformance with the Comprehensive Plan, all new 
developments in the Residential Districts shall conform to the minimum and maximum 
densities prescribed in Table 2.2.120, except as provided below in subsections 1-3: 
1. Residential care homes/facilities/institutions, senior housing, including assisted living, 
accessory dwellings, and developments in areas with significant natural resources or 
physical constraints (e.g., wetlands, unstable soils, steep slopes, etc.) are exempt from the 
minimum density standard. 
2. The density standards may be averaged over more than one development phase when 
approved through a Planned Development. Duplex lots used to comply with the density 
standard shall be so designated on the final subdivision plat and through deed restrictions 
on the subject lots. 
3. Partitions and construction of single-family homes on lots exceeding 20,000 square feet, 
except within the Hillside Protection Overlay District, shall be planned so that infill 
development can occur in the future and such development can occur in accordance with 
other adopted plans (e.g. City of Silverton Transportation System Plan) and the minimum 
lot size and other dimensional standards of the district. See also, Chapter 4.3.110.C, 
Future Re-division Plan. Densities may be transferred or adjusted through the Planned 
Development approval process under Chapter 4.5, to provide for exceptional 
development designs that conserve open spaces and meet other community planning 
objectives. 
B. Residential Density Calculation. 
1. Minimum and maximum housing densities are calculated by multiplying the total parcel 
or lot area by the applicable density range. Properties must be developed within the 
minimum and maximum range. Some properties may not be capable of accommodating 
development at maximum densities. Properties that cannot meet maximum density 
standards may consider transferring density and modifying allowable lot sizes and/or 
housing types through a Planned Development process. Typical constraints include street 
right-of-way requirements, parcel configuration, or the presence of natural features or 
physical constraints. 
2. Areas reserved for flag lot access (flag poles) are not counted for the purpose of 
calculating minimum lot area. 
3. Housing density calculations resulting in fractions of dwelling units shall be rounded to 
the nearest whole number. 
City of Silverton 
Zoning and Development Code 
2-22 City Council Approved 
October 6, 2008 
2.2.160 - Residential (R) Land Use Districts - Lot Coverage 
2.2.160 Residential Districts - Lot Coverage and Impervious Surfaces 
A. Lot Coverage. The maximum allowable lot coverage shall be as provided in Table 2.2.120. 
Lot coverage by buildings is calculated as the percentage of a lot or parcel covered by 
buildings and structures exceeding thirty (30) inches above grade, including enclosed and 
unenclosed structures (as defined by the foundation plane). 
B. Impervious Surfaces. Impervious surface shall not exceed fifty (50) percent of the required 
setback yards. Impervious surfaces are calculated as the percentage of a lot or parcel covered 
by building foundations, patios, decking, asphalt, concrete, gravel, and similar surfaces, 
except where such surfaces allow stormwater infiltration and are approved by the City for 
such purpose. Impervious area does not include planted areas, porous non-plant ground 
covers (e.g., mulch) and landscape areas under eaves. 
City of Silverton 
Zoning and Development Code 
2-23 City Council Approved 
October 6, 2008 
2.2.170-180 - Residential (R) Land Use Districts - Height Measurement and Exceptions; Building Orientation 
2.2.170 Residential Districts - Building Height: Measurement and Exceptions 
Building heights shall conform to the standards in Table 2.2.120, and subsections A-C, below: 
A. Building Height Measurement. The vertical distance from the grade plane to the 
average height of a pitched (gable or hip) roof, or the top of a mansard or flat roof 
including the parapet walls. 
B. Exclusions from Maximum Building Height Standards. Rooftop structures, 
including, towers, spires, steeples and other structures when built according to section 
1509 of the International Building Code may extend 20 ft. past the roof height 
requirement when approved by the Planning Commission and Fire Dept. 
C. Sloped Lots (Hillside Overlay District). The maximum allowable height on a sloping 
lot (12 percent or greater slope averaged from front to rear property line) shall be 35 feet. 
2.2.180 Residential Districts - Building Orientation 
A. Purpose. The following standards are intended to orient buildings close to streets to promote 
pedestrian-oriented development where walking is encouraged. Placing residences and other 
buildings close to the street also encourages neighborhood crime prevention, natural 
surveillance or security, and safety by having more "eyes-on-the-street." 
B. Applicability. Section 2.2.180 applies to all new primary structures. 
C. Building orientation standards. All primary structures shall conform to the following: 
1. Except as provided below, all primary structures have at least one primary entrance (i.e., 
dwelling entrance, lobby entrance, or breezeway/courtyard entrance serving a cluster of 
dwellings) facing an adjacent street, or if on a side elevation, not more than thirty (30) 
feet from a street sidewalk. See Figures 2.2.180.C(1); 
City of Silverton 
Zoning and Development Code 
2-24 City Council Approved 
October 6, 2008 
2.2.170-180 - Residential (R) Land Use Districts - Height Measurement and Exceptions; Building Orientation 
Figure 2.2.180.C(1) - Residential District Building Orientation 
Acceptable 
P U B L I C S T R E E T 
Not Acceptable 
2. Except as allowed for single family detached dwellings, or as provided below, off-street 
parking, driveways, and other vehicle areas shall not be placed between buildings and the 
street(s) to which they are oriented, as per subsection 1 and Figure 2.2.180C(1). Off-
street parking and driveways may be placed between buildings and streets where the 
City of Silverton 
Zoning and Development Code 
2-25 City Council Approved 
October 6, 2008 
2.2.170-180 - Residential (R) Land Use Districts - Height Measurement and Exceptions; Building Orientation 
approval body finds that one of the following exemptions (a-e) applies, and allowing the 
exemption will not adversely affect pedestrian access, safety or convenience: 
a. Schools, group care facilities, and public uses may have one drive aisle with 
parking, including ADA accessible spaces, located between the street and the 
primary building entrance, provided that the building's primary entrance is 
connected to an adjacent street by a pedestrian walkway; in such case, the 
driveway/parking area shall contain a clearly defined pedestrian crosswalk as 
specified in Section 3.1.300. The intent of this exception is to allow limited use of 
driveways for drop-off or loading zones where the functional requirements of the 
use require such facilities; 
b. Attached single family housing developments (townhomes) with street-facing 
garages may have not more than one driveway access located between the street 
and the primary building entrance for every two dwelling units, provided the 
access meets the following criteria, as generally shown in Figure 2.2.180C(2): 
1. The maximum number consecutively attached townhomes with garages facing 
the same street is six (6) (three driveways); 
2. Where two abutting townhomes have street-facing garages, they shall share 
one driveway access that does not exceed 24 feet in width where it crosses the 
sidewalk and intersects the street. The intent of this standard is to minimize 
sidewalk interruptions and maximize the space available for on-street parking; 
3. The townhomes' primary entrances shall be connected to an adjacent sidewalk 
via pedestrian walkway of not less than three (3) feet in width; such walkway 
may adjoin the driveway described in subsection (b)(1) to minimize paving; 
4. Street-facing garages shall be setback at least 20 feet from the street property 
line; where a building is placed less than 20 feet from the street property line, 
the 20-foot garage setback may be accomplished by recessing the garage 
behind the front building elevation. 
Figure 2.2.180.C(2) - Townhome Building Orientation 
City of Silverton 
Zoning and Development Code 
2-26 City Council Approved 
October 6, 2008 
2.2.170-180 - Residential (R) Land Use Districts - Height Measurement and Exceptions; Building Orientation 
c. Parking may be placed between a building and an adjacent street where the street 
is a designated arterial street under the Silverton Transportation System Plan, and 
the approval body finds that such orientation provides greater pedestrian 
accessibility, comfort and/or safety than would otherwise be provided. 
d. Where a development contains multiple buildings and there is insufficient street 
frontage to which buildings can be oriented, a primary entrance may be oriented 
to common green, open space, plaza, or courtyard. When oriented in this way, the 
primary entrance(s) and green, plaza, or courtyard shall be connected to the street 
by a pedestrian walkway meeting the standards in Section 3.1.300. See also, 
Figure 2.2.180.C.(1) 
e. Where live-work or other commercial uses are allowed, any off-street parking 
shall be located behind or to the side of such building(s) and screened from 
abutting properties in accordance with Chapter 3.2. [Figure 2.2.180.C(3)] Off-
street parking shall not be located between any building and any street. 
Figure 2.2.180.C(3) - Commercial Orientation in a Residential District 
City of Silverton 
Zoning and Development Code 
2-27 City Council Approved 
October 6, 2008 
2.2.190 - Residential (R) Land Use Districts - Architectural Design 
2.2.190 Residential Districts - Architectural Design Standards 
A. Purpose. The purpose of Section 2.2.190 is to promote the public health, safety, and welfare 
by requiring at least a minimum level of design on every building and varied building 
elevations in large developments. The design standards are also intended to promote 
architectural compatibility and harmony within Silverton's existing residential 
neighborhoods as infill development occurs. The standards support context-appropriate, 
pedestrian-scale design and crime prevention by providing street visibility from residential 
structures, while affording flexibility to use a variety of building styles. 
B. Applicability. Section 2.2.190 applies to all new primary residential structures and 
accessory dwellings. It does not apply to remodels of, or additions to, existing single family 
dwellings or designated historic structures. The standards and criteria in Section 2.2.190 are 
applied through the Land Use Review or Design Review procedure (Chapter 4.2), as 
applicable, prior to building permit review. The provisions under Section 2.2.190.C may be 
adjusted through the Design Performance Option in Section 4.2.510. 
C. Standards. All projects that are subject to Section 2.2.190 shall meet all of the standards in 
subsections 1-5 below, except as modified through Section 4.2.510 Design Performance 
Option. The graphics provided with each standard are intended to show examples of how the 
standards can be met and should not be interpreted as requiring a specific architectural 
feature or style. Other building styles and designs can be used to meet the standards when 
the approval body finds they are consistent with the text. An architectural feature, as shown 
below may be used to comply with more than one standard. 
1. Building Length. The continuous horizontal distance, as measured from end-wall to end-
wall, of individual buildings shall not exceed 88 feet in the R-1, R-5, and RM-10 districts 
and 120 feet in the RM-20 district. 
2. Articulation. All buildings shall incorporate design features such as varying roof lines, 
offsets, balconies, projections (e.g., overhangs, porches, or similar features), recessed or 
covered entrances, window reveals, change in materials or textures [e.g., stone or faux 
stone, brick, wood or concrete-wood (shakes versus lap or board and batten siding, etc.)], 
or similar elements to break up large expanses of uninterrupted building surfaces or blank 
walls. Along the horizontal and vertical face of a structure, and on all building stories, 
such elements shall occur at least once every 20 feet, and each floor shall contain at least 
two elements, as generally shown in the figures in this Section. 
a. Recess (e.g., deck, patio, courtyard, entrance or similar feature) with a minimum 
depth of 4 feet; 
b. Extension (e.g., floor area, deck, patio, entrance, overhang, or similar feature) 
projecting a minimum of 2 feet and running horizontally for a minimum length of 4 
feet; and/or 
c. Offsets or breaks in roof elevation of 2 feet or greater in height; 
City of Silverton 
Zoning and Development Code 
2-28 City Council Approved 
October 6, 2008 
2.2.190 - Residential (R) Land Use Districts - Architectural Design 
d. Change in materials, where one material is the predominant material on all elevations 
(e.g., where wood lap siding is the predominant material, brick, stone or faux stone 
could be selected for wainscoting or column accents; and wood or wood-appearance 
shingles could be used as accents on gable ends; etc.). 
Figure 2.2.190C(4) - Building Length and Articulation (Multi-family Housing Example) 
3. Eyes on the Street. All building elevations visible from a street-right-of way shall 
provide prominent defined entrances, and a combination of windows, doors, porches, 
balconies, and terraces. A minimum of forty (40) percent of front (i.e., street-facing) 
elevations, and a minimum of thirty (30) percent of side and rear building elevations, as a 
percentage of surface area and horizontal plane (lineal feet), shall meet this standard. 
Windows used to meet this standard shall be proportionately sized and evenly distributed, 
as generally shown in the figures above. The standard applies to each full and partial 
building story. 
4. Garage. A garage or carport meeting the parking requirements, whether attached or 
detached, shall be required for all new single family homes. 
City of Silverton 
Zoning and Development Code 
2-29 City Council Approved 
October 6, 2008 
2.2.190 - Residential (R) Land Use Districts - Architectural Design 
5. Detailing and Design Variety. All buildings shall provide detailed design on all 
street-facing walls (i.e., those oriented 45 degrees or less from street lot line). Detailed 
design shall be provided by using at least five (5) of the architectural features in items "a" 
through "u," below, as is appropriate for the proposed building type and style. The 
applicant may select the desired elements. It is not within the approval body's authority 
to prescribe specific elements except when the project is being reviewed as part of a 
Planned Development or Conditional Use request, or it is subject to the Design 
Performance Option under Section 4.2.510 (item "v"), only in these cases may the 
approval body require specific design elements or features, consistent with the purpose in 
Section 2.2.190.A. 
a. Dormers 
b. Gables (roof pitch minimum of 4:12) 
c. Recessed entries 
d. Covered porch entries or portico 
e. Cupolas or towers 
f. Pillars or posts 
g. Eaves (minimum 6-inch projection) 
h. Off-sets in building face or roof (minimum 16 inches) 
i. Window trim (minimum 2 inches wide) 
j. Bay windows 
k. Balconies 
l. Decorative patterns on exterior finish (e.g., scales/shingles, wainscoting, 
ornamentation, and similar features) 
m. Decorative cornice or pediment (e.g., for flat roofs) 
n. Decorative shingles and molding on gable end 
o. Gable end truss 
p. Recessed garage 
q. Decorative accent (brick, stone, rock, etc.) on front façade 
r. Projected entries 
s. Window detail (mullions or other) 
t. Pitched roof, min 4:12 
u. Shutters 
v. An alternative feature providing visual relief, similar to options a.-v., as approved 
through the Design Performance Option under Section 4.2.510. 
City of Silverton 
Zoning and Development Code 
2-30 City Council Approved 
October 6, 2008 
2.2.190 - Residential (R) Land Use Districts - Architectural Design 
Figure 2.2.190.C(5) - Examples of Architectural Elements (illustrative only) 
Example 1 
City of Silverton 
Zoning and Development Code 
2-31 City Council Approved 
October 6, 2008 
2.2.190 - Residential (R) Land Use Districts - Architectural Design 
Figure 2.2.190.C(6) - Examples of Architectural Elements (illustrative only) 
Example 2 
City of Silverton 
Zoning and Development Code 
2-32 City Council Approved 
October 6, 2008 
2.2.200 - Residential (R) Land Use Districts - Special Use Standards: Accessory Dwellings 
2.2.200 Residential Districts - Special Use Standards 
Section 2.2.200 provides standards for specific land uses and building types, as identified in 
Table 2.2.110, that control the scale and compatibility of those uses within the Residential 
districts. The standards in Section 2.2.200 supplement (are in addition to and do not replace) the 
standards in Sections 2.2.100 through 2.2.190, and applicable building codes. This Section 
applies to the following uses and building types, as specified in subsections A-J: 
• Accessory Dwelling (2.2.200.A) 
• Attached Single Family (Towhouses) and Attached Duplexes (2.2.200.B) 
• Duplex Corner in RL District (2.2.200.C) 
• Bed and Breakfast Inns (2.2.200.D) 
• Cottage Cluster (2.2.200.E) 
• Group Living (Residential Care Homes and Facilities) (2.2.200.F) 
• Home Occupations (2.2.200.G) 
• Manufactured Homes on Individual Lots (2.2.200.H) 
• Manufactured/Mobile Home Parks (2.2.200.I) 
• Multiple Family Housing (2.2.200.J) 
A. Accessory dwelling (attached, separate cottage, or above detached garage). Accessory 
dwellings shall conform to all of the following standards: 
1. Floor Area. Accessory dwellings shall not exceed 800 square feet of floor area if 
detached from the primary dwelling, or 40% of the primary unit, whichever is less. The 
unit can be a detached cottage, a unit attached to a garage, or in a portion of an existing 
house; 
2. Exempt from Density. Accessory dwellings are exempt from the housing density 
standards of the Residential districts, due to their small size and low occupancy levels; 
3. Oregon Structural Specialty Code. The structure complies with the Oregon Structural 
Specialty Code; 
4. Owner-Occupied. The primary residence or accessory dwelling shall be owner-occupied. 
Alternatively, the owner may appoint a member of his or her immediate family as a 
resident care-taker of one of the units and manager of the other unit; 
5. One Unit. A maximum of one accessory dwelling unit is allowed per lot; 
6. Development Standards. The dwelling shall conform to the lot standards in Table 
2.2.120, except as modified below: 
a. The height of a detached accessory dwelling (i.e., separate cottage) shall not exceed 
twenty-two (22) feet. 
b. The dwelling shall be setback not less than twenty (20) feet from the front property 
line, seven (7) feet from side property lines, and twenty (20) feet from the rear 
property line. 
City of Silverton 2-33 City Council Approved 
Zoning and Development Code October 6, 2008 
2.2.200 - Residential (R) Land Use Districts - Special Use Standards: Group Living (Residential Care) 
c. The approval body may require a landscape hedge or fence be installed on the 
property line separating a detached accessory dwelling from an abutting single family 
dwelling, unless the applicant and the owner of the abutting single family dwelling 
agree in writing not to install the hedge or fence. 
d. In order to maintain a consistent architectural character, similar building materials, 
architectural design and colors shall be used so that the accessory dwelling blends 
with the general appearance of the primary dwelling. 
e. A parcel containing a primary dwelling unit and an accessory dwelling shall provide a 
minimum of two (2) off-street parking spaces. 
B. Attached Single Family (Townhouses) and Two or More Duplexes Attached. Attached 
housing with three or more dwellings, and attached duplex housing (two or more 
consecutively attached duplexes), shall conform to the standards in sections 1-2, below, 
which are intended to control development scale; avoid or minimize impacts associated with 
traffic, parking, and design compatibility; and ensure management and maintenance of 
common areas. 
1. Alley Access Required for Subdivisions Containing Townhomes or Duplexes. 
Subdivisions, or blocks within subdivisions, containing more than six (6) consecutively 
attached single family dwellings, or four (4) or more attached duplexes (8+ dwelling 
units), shall provide vehicle access to all such lots and units from an alley or parking 
court, as described in Chapter 3.1.200. Alley(s) and parking court(s) shall be created at 
the time of subdivision approval, and may be contained in private tracts or, if approved 
by the City, in public right-of-way, in accordance with Chapter 3.4.100, Transportation 
Standards, and Chapter 4.3, Land Divisions. 
2. Common Areas. Any common areas (e.g., landscaping, private tracts, common 
driveways, private alleys, building exteriors, and/or similar common areas) shall be 
owned and maintained by a homeowners association or other legal entity. A copy of any 
applicable covenants, restrictions and conditions shall be recorded and provided to the 
city prior to building permit approval. 
City of Silverton 
Zoning and Development Code 
2-34 City Council Approved 
October 6, 2008 
2.2.200 - Residential (R) Land Use Districts - Special Use Standards: Group Living (Residential Care) 
C. Duplex in R-1 District. Duplexes are allowed in the R-1 district, subject to the following 
standards which are intended to respect the single family character of the R-1 district: 
1. Floor Area. Total floor area for both dwellings shall not exceed forty (40) percent of lot 
area. For example, the maximum floor area (excluding garage space) allowed on an 8,000 
square foot lot is 3,200 square feet. 
2. Driveway Access. On corner lots, each dwelling shall strive to have its primary entrance 
and garage opening, if any, oriented to a different street, meeting Public Works 
intersection distance standards. Where vehicular access cannot be taken from two 
different streets, the approval body may require a shared driveway providing access to 
both dwellings. On interior lots, shared driveways are preferred and may be required by 
the review body. 
3. Maximum Number of Units. Duplex lots shall not account for more than 20% of the 
dwellings approved or constructed in a subdivision. 
D. Bed and Breakfast Inns. Where Bed and Breakfast Inns are allowed, they shall require 
approval through Conditional Use Review (Type III) and conform to all of the following 
standards. 
1. Accessory Use. The use must be accessory to a household already occupying the 
structure as a residence. 
2. Maximum Size. In the R-1 and R-5 zones, four (4) bedrooms for guests, and a maximum 
of eight (8) guests are permitted per night; in the RM-10, RM-20 and DCF zones, twelve 
(12) bedrooms are allowed for guests, with a maximum of twenty-four (24) guests per 
night. 
3. Length of Stay. Maximum length of stay is 28 days per guest; anything longer is 
classified as a hotel or commercial lodging. The Bed and Breakfast shall maintain a guest 
registry. 
4. Employees. Up to two (2) non-resident employees. There is no limit on resident 
employees. 
5. Food Service. May be provided only to overnight guests of the business. 
6. Owner-Occupied. Shall be owner-occupied. 
7. Signs. Signs shall require a sign permit approved by the City of Silverton, and not 
exceed a total of four (4) square feet of surface area on all sides. 
8. Other Permit or Licensing Requirements. The owner of a bed and breakfast use shall be 
responsible for obtaining and complying with all other applicable permit and/or licensing 
requirements. 
City of Silverton 
Zoning and Development Code 
2-35 City Council Approved 
October 6, 2008 
2.2.200 - Residential (R) Land Use Districts - Special Use Standards: Group Living (Residential Care) 
E. Cottage Cluster. Where a lot is developed with two or more detached dwellings, the 
development shall conform to the following standards which are intended to provide light, 
air, and open space for the occupants: 
1. Vehicular Access. The furthermost distance from all dwellings to the closest abutting 
public street shall be no more than 150 feet, or an approved fire apparatus lane may be 
required to serve the development. 
2. Central Green. The dwellings shall abut a central open space or green of not less than 400 
square feet per dwelling (1,600 square feet for 4 dwellings). The green shall provide 
benches and other amenities for residents and have a minimum width of 20 feet, except 
where additional building separation is required under applicable building codes. A 
homeowners or condominium association shall be responsible for ongoing maintenance 
of the green and enforcement of any shared parking. 
3. Parking. Two parking spaces are required for each dwelling, plus one space for each four 
units. The parking spaces for all dwellings shall be oriented away from the green. Parking 
may be provided in parking bays, garages or carports, attached or detached from the 
cottages. When provided in a parking lot, parking spaces shall be screened from abutting 
properties and walkways shall be provided, as specified under Chapter 3.2.300. 
4. Design Review. Design Review shall be required for new cottage developments, 
including conversion of existing single family homes to cottage development, to ensure 
conformance with parking, landscaping, architectural review, and other code 
requirements. 
F. Group Living (Residential Care Homes, Residential Care Facilities, and Residential 
Care Institutions). Group living includes a variety of residential living arrangements (see 
Chapter 1.6.100. A). Residential care provides lodging, care, treatment, or training for 
children and/or adults and is licensed by the State of Oregon. Residential care may provide 
residential care alone, or in conjunction with treatment and/or training, for 6 or fewer 
individuals ("homes") or for 7 to 15 individuals ("facilities"), or for 16 or more individuals 
("institutions"), who need not be related. Staff persons required to meet State licensing 
requirements are not counted in the number of facility residents and need not be related to 
each other or the residents. Residential care homes and facilities consistent with ORS 
197.660-.670, and institutions consistent with ORS 443.400-443.455, shall comply with the 
following standards: 
1. Licensing. All residential care homes, facilities, and institutions shall be duly licensed by 
the State of Oregon. 
2. Parking. Parking in accordance with Chapter 3.3. 
3. Design Review. Design Review shall be required for new structures to be used as 
residential care facilities or institutions, to ensure compliance with the licensing, parking, 
and other requirements of this Code. 
City of Silverton 
Zoning and Development Code 
2-36 City Council Approved 
October 6, 2008 
2.2.200 - Residential (R) Land Use Districts - Special Use Standards: Manufactured/Mobile Home Parks 
G. Home Occupations. The purpose of this Section is to encourage those who are engaged in 
small commercial ventures that could not necessarily be sustained if it were necessary to 
lease commercial quarters, or which by the nature of the venture, are appropriate in scale and 
impact to be operated within a residence. Home occupations are encouraged for their 
contribution in reducing the number of vehicle trips often generated by conventional 
businesses: 
1. Home Occupations meeting the standards in subsection 2, below, are allowed outright, 
provided the owner has obtained and is in compliance with all applicable permit and 
licensing requirements, and all other uses and structures on the subject property are in 
conformance with all applicable city codes and requirements. 
2. Standards for Home Occupations. 
a. The use is carried on only by members of the family residing on the premises and not 
more than one outside employee or volunteer who does not exceed 40 hours per 
week. 
b. The Home Occupation shall be continuously conducted in such a manner as not to 
create any public or private nuisance, including, but not limited to, offensive noise, 
vibration, smoke, dust odors, heat or glare resulting from the operation noticeable at 
or beyond the property line, fire hazards, or electronic, electrical or electromagnetic 
interference. In a residential zone noise associated with the home occupation of more 
than 55 dba at the lot line is prohibited. 
c. The home occupation shall be conducted entirely within the dwelling or any attached 
garage or within an unattached enclosed accessory building. 
d. In residential zones, no structural alterations shall be made to the dwelling that would 
be inconsistent with future use of the building exclusively as a dwelling. 
e. No alteration to or use of the premises shall be made such as to reduce the number of 
required on-site parking spaces. 
f. In residential zones there shall be no display, other than the allowed sign, which 
would indicate from the exterior that the building is being used for any purpose other 
than a dwelling. 
g. There is no visible outside storage of materials other than plant materials. 
h. The use does not adversely affect the residential character of the neighborhood, nor 
infringe upon the right of neighboring residents to enjoy the peaceful occupancy of 
their homes. 
i. There is not excessive generation of traffic created by the home occupation, including 
frequent deliveries and pickups by trucks or other vehicles. 
j. All visits by suppliers or customers shall occur between the hours of 7 a.m. and 7 
p.m. 
City of Silverton 
Zoning and Development Code 
2-37 City Council Approved 
October 6, 2008 
2.2.200 - Residential (R) Land Use Districts - Special Use Standards: Manufactured/Mobile Home Parks 
k. Construction businesses may be allowed when vehicles are screened by a sight-
obscuring fence, wall or hedge or vehicles are parked in a building. All repairs and 
storage of materials shall occur within a building. There shall not be more than two 
vehicles associated with the home occupation parked on the premises at one time. 
l. Where a home occupation involves deliveries one off-street loading space shall be 
provided. If visits by customers occur, two additional off-street parking spaces shall 
be provided if the street along the lot frontage does not provide paved area for at least 
two parallel parking spaces within 100 feet of the residence. During normal 
loading/unloading or customer parking periods, the off-street loading and parking 
shall be reserved exclusively for that use. 
m. The residence shall not be used as headquarters or main office for assembly or 
dispatch of employees to other locations. 
n. The rental of separate living quarters within a single family residence is limited to not 
more than one bedroom which does not contain separate cooking facilities and which 
has a maximum occupancy of two persons. 
o. Home occupations conducted as a for-profit business shall obtain business licenses in 
accordance with Silverton Municipal Code Chapter 5.24. 
3. Prohibited Home Occupation Uses. 
a. Auto body repair and painting. 
b. Ongoing mechanical repair conducted outside of an entirely enclosed building. 
c. Storage and/or distribution of toxic or flammable materials, and spray painting or 
spray finishing operations which involve toxic or flammable materials which in the 
judgment of the Fire Chief of the Silverton Fire District poses a dangerous risk to the 
residence, its occupants, and/or surrounding properties. 
d. Junk and salvage operations. 
e. Storage and/or sale of fireworks in quantities judged by the Fire Chief of the Silverton 
Fire District to be dangerous. 
4. Enforcement. 
a. Complaints regarding home occupations may be initiated by the City of Silverton or 
the public. Complaints must be related to noncompliance with the standards listed 
above. 
b. The Community Development Director shall make a determination of whether the 
alleged violation of the home occupation provisions has occurred. The determination 
will result in allowing the use to continue as it exists, ordered termination, or brought 
into compliance with the home occupation standards. 
City of Silverton 
Zoning and Development Code 
2-38 City Council Approved 
October 6, 2008 
2.2.200 - Residential (R) Land Use Districts - Special Use Standards: Manufactured/Mobile Home Parks 
c. If a notice of termination or an order to bring the use into compliance is given, the 
respondent shall be provided a reasonable time to cure or remedy the alleged 
infraction after the notice is given. The time allowed shall not be less than 24 hours, 
nor more than thirty (30) days. Where there is an extreme hardship, additional time 
may be granted to the respondent. Notwithstanding the remedial time period specified 
above, if the Community Development Director determines that the alleged infraction 
presents an immediate danger to the public health, safety or welfare, or that any 
continuance of the violation would allow the respondent to profit from the violation 
or would otherwise be offensive to the public at large, the Director may require 
immediate remedial actions. 
d. If the Community Development Director is unable to serve a notice of infraction on 
the respondent or, if after such service the respondent refuses or is unable to remedy 
the infraction, the City may proceed to remedy the infraction as provided in Section 
15.08.790 of the Silverton Municipal Code. 
City of Silverton 
Zoning and Development Code 
2-39 City Council Approved 
October 6, 2008 
2.2.200 - Residential (R) Land Use Districts - Special Use Standards: Manufactured/Mobile Home Parks 
H. Manufactured Homes on Individual Lots. Manufactured homes are permitted on 
individual lots, subject to all of the following design standards. Exception: The following 
standards do not apply to units that were lawfully placed within the City prior to the effective 
date of this Code. 
1. Floor Plan. The manufactured home shall be multi-sectional and have an enclosed floor 
area of not less than 1,000 square feet; 
2. Roof. The manufactured home shall have a pitched roof with a slope not less than 3 feet 
in height for each 12 feet in width (14 degrees); 
3. Residential Building Materials. The manufactured home shall have exterior siding and 
roofing which in color, material and appearance are similar or superior to the exterior 
siding and roof material used on nearby residences (e.g., horizontal wood or wood-
appearance siding is considered "superior" to metal siding and roofing); 
4. Garages and Carports. A garage or carport shall be provided and be constructed of 
materials like those used on the house; 
5. Thermal Envelope. The manufactured home shall be certified by the manufacturer to 
meet the thermal envelope requirements equivalent to those for a single-family dwelling 
constructed under the State Building Code. Evidence demonstrating that the 
manufactured home meets current energy efficiency standards is deemed to satisfy the 
exterior thermal envelope certification requirement. Additional manufacturer 
certification shall not be required; 
6. Placement. The manufactured home shall be placed on an excavated and back-filled 
foundation and enclosed at the perimeter such that the manufactured home is located not 
more than 16 inches above grade, unless greater height is required as a result of the 
Floodplain Overlay provisions (Chapter 2.5) and complies with the minimum set-up 
standards of the adopted state Administrative Rules for Manufactured Dwellings, OAR 
Chapter 918. Where the building site has a sloped grade, no more than 16 inches of the 
enclosing material shall be exposed on the uphill side of the home; 
7. Foundation Skirt. The foundation area of the manufactured home shall be fully skirted 
with a decay resistant material; 
8. Prohibited. The manufactured home shall not be located in a designated historic district. 
City of Silverton 
Zoning and Development Code 
2-40 City Council Approved 
October 6, 2008 
2.2.200 - Residential (R) Land Use Districts - Special Use Standards: Manufactured/Mobile Home Parks 
I. Manufactured/Mobile Home Parks. Manufactured/mobile home parks (not including 
recreational vehicles) are permitted on parcels of one (1) acre or larger, subject to compliance 
with subsections 1-5, below: 
1. Permitted uses: Single family residences, manufactured home park manager's office, 
home occupations, and accessory structures that are necessary for the operation and 
maintenance of the manufactured dwelling park (e.g., landscape maintenance). 
2. Space. The minimum size pad or space for each dwelling is 2,500 square feet, provided 
that the overall density of the park does not exceed 12 units per acre. Each space shall be 
at least 30 feet wide and 40 feet long, in accordance with ORS 446.100(c). 
3. Setbacks and Dwelling Separation. The minimum setback between park structures and 
abutting properties is 5 feet. The minimum setback between park structures and public 
street right-of-way is 15 feet. At least a 10-foot separation shall be provided between all 
dwellings. Dwellings shall be placed a minimum of 14 feet apart where flammable or 
combustible fuel is stored between units. Park structures shall be placed no closer than 5 
feet to a park street or sidewalk/pathway. An accessory structure shall not be located 
closer than 6 feet to any other structure or dwelling, except that a double carport or 
garage may be built which serves 2 dwellings. When a double carport/garage is built, the 
carport/garage shall be separated from all adjacent structures by at least 3 feet. 
4. Perimeter Landscaping. When manufactured dwellings are oriented with their back or 
side yards facing a public right-of-way, the City may require installation of fencing and 
planting of a landscape buffer between the right-of-way and a manufactured home park 
for the privacy and security of residents or aesthetics of the streetscape. 
5. Dwelling Design (for parks smaller than 3 acres). Manufactured dwellings in parks 
smaller than 3 acres shall meet the following design standards, consistent with ORS 
197.314(6): 
a. The manufactured dwelling shall have a pitched roof with a slope not less than 3 feet 
in height for each 12 feet in width (14 degrees); and 
b. The manufactured dwelling shall have exterior siding and roofing which in color, 
material and appearance are similar or superior to the exterior siding and roof 
material used on nearby residences (e.g., horizontal wood or wood-appearance siding 
is considered "superior" to metal siding and roofing); 
c. Exception: Subsections a-b, above, do not apply to manufactured dwellings that 
existed within the City prior to the effective date of this ordinance. 
City of Silverton 
Zoning and Development Code 
2-41 City Council Approved 
October 6, 2008 
2.2.200 - Residential (R) Land Use Districts - Special Use Standards: Manufactured/Mobile Home Parks 
J. Multiple Family Housing. Where multi-family housing is allowed, it shall conform to all of 
the following standards, which are intended to promote livability for residents and 
compatibility with adjacent uses. Figure 2.2.200.H provides a conceptual illustration of the 
requirements listed below. 
1. Building Design and Separation. The architectural design standards under Section 
2.2.190 apply. In addition, when more than one multi-family building is built on a site, 
the buildings shall be separated from one another by landscaped courtyard that is not less 
than twenty (20) feet wide, unless the buildings are arranged end to end; in such case 
building separation may be reduced to ten (10) feet provided no doorway or entry opens 
into the space between the buildings and applicable building codes are met. 
2. Common Usable Open Space. Multiple family developments shall incorporate not less 
than fifteen (15) percent common usable open space. Common usable open space shall be 
provided in accordance with all of the following criteria: 
a. The site area is defined as the lot or parcel on which the development to be located, 
after subtracting any required dedication of street right-of-way and other land for 
public purposes (e.g., public park or school grounds, etc.); 
b. In meeting the common usable open space standard, the multiple family development 
shall contain one or more of the following: outdoor recreation area, protection of 
sensitive lands (e.g., trees preserved), play fields, outdoor playgrounds, outdoor sports 
courts, swimming pools, walking fitness courses, pedestrian amenities, or similar 
usable open space amenities for residents. 
c. Historic buildings or landmarks within the project that are open to the public may 
count toward meeting the common open space requirements when approved by the 
Planning Commission. 
d. All common open space areas shall have an average width that is not less than twenty 
(20) feet and an average length that is not less than twenty (20) feet; 
e. The common open space requirement may be waived for a project that dedicates and 
improves a new public neighborhood park or playground of not less than H-acre; 
3. Private open space. Private open spaces shall be required for all ground-floor dwellings, 
and not less than fifty (50) percent of all upper-story dwellings. Private open space shall 
be a patio, deck or other improved surface of not less than forty eight (48) square feet. 
City of Silverton 
Zoning and Development Code 
2-42 City Council Approved 
October 6, 2008 
2.2.200 - Residential (R) Land Use Districts - Special Use Standards: Manufactured/Mobile Home Parks 
Figure 2.2.200H - Examples of Multiple Family Open Space 
4. Trash receptacles. Adequate solid waste storage and recycling facilities shall be 
provided. Trash receptacles shall be oriented away from building entrances, setback at 
least ten (10) feet from any public right-of-way and adjacent residences and shall be 
screened with an evergreen hedge or solid fence or wall of not less than six (6) feet in 
height. Receptacles must be accessible to trash pick-up trucks. 
City of Silverton 
Zoning and Development Code 
2-43 City Council Approved 
October 6, 2008 
2.3 - Commercial (C) Land Use Districts 
Chapter 2.3 — Commercial Districts 
Sections: 
2.3.100 Commercial Districts - Purpose and Applicability 
2.3.110 Commercial Districts - Allowed Land Uses 
2.3.120 Commercial Districts - Development Standards 
2.3.130 Commercial Districts - Zero Setbacks and Build-To Line 
2.3.140 Commercial Districts - Lot Coverage and Impervious Surface 
2.3.150 Commercial Districts - Building Orientation and Commercial Block Layout 
2.3.160 Commercial Districts - Special Use Standards 
2.3.170 Commercial Districts - Pedestrian Amenities 
2.3.180 General Commercial Design Standards 
2.3.190 Reserved 
2.3.200 Downtown Commercial Design Standards 
2.3.210 Downtown Commercial Fringe Design Standards 
2.3.100 Commercial Districts - Purpose and Applicability 
A. Purpose. Chapter 2.3 provides three distinct commercial zones covering Silverton's 
downtown commercial, downtown commercial fringe, and general commercial areas. The 
districts are intended to: 
• Maintain and enhance Silverton's small-town character and historic resources; 
• Promote efficient use of land and urban services; 
• Create a mixture of land uses that encourages employment and housing options in close 
proximity to one another; 
• Provide formal and informal community gathering places and opportunities for 
socialization (i.e., along an active street front); 
• Encourage pedestrian-oriented development in all commercial areas; 
• Provide connections to and appropriate transitions between residential areas and 
commercial areas; 
• Apply land use and design standards to automobile-oriented and automobile-dependent 
uses that promote pedestrian safety, aesthetics, and economic development; 
• Provide for visitor accommodations and tourist amenities; 
• Reinforce downtown Silverton as the historic heart of the community. 
o Downtown Commercial District - The Downtown Commercial District is one of 
the zoning districts that implement the Commercial Comprehensive Plan 
designation. The purpose of the Downtown Commercial District is to preserve 
and enhance Silverton's downtown as the historic heart of the community. The 
DC District is intended as Silverton's center of vital retail activity, services, 
entertainment, mixed use, civic buildings and public spaces. The historic 
character of the downtown, together with its pedestrian-oriented architecture, 
streets and public spaces, define the district. 
o Downtown Commercial Fringe - The Downtown Commercial Fringe District is 
one of the zoning districts that implement the Commercial Comprehensive Plan 
designation. The purpose of the Downtown Commercial Fringe District is to 
provide a transition between the DC District and adjacent neighborhoods and 
City of Silverton 
Zoning and Development Code 
2-44 City Council Approved 
October 6, 2008 
2.3 - Commercial (C) Land Use Districts 
commercial areas. The DCF District is intended as a mixed use area, where 
commercial, residential and mixed use buildings co-exist and complement the 
downtown. Architecture reflecting the historic character of the area, and 
pedestrian oriented streetscapes, define the DCF District. 
o General Commercial - The Downtown Commercial District is one of the zoning 
districts that implement the Commercial Comprehensive Plan designation. The 
purpose of the General Commercial District is to provide for a wide variety of 
commercial and mixed uses. Design standards and options in the GC District are 
intended to ensure that buildings are appropriately oriented to streets and 
pedestrian facilities are provided in commercial developments. The GC District is 
Silverton's location for larger format retailing, except where Planned 
Development overlays dictate otherwise. 
B. Applicability. Commercial zoning districts shall be applied consistent with the land use 
designations on the City of Silverton Comprehensive Plan. The format of this section 
includes standards that apply to all commercial districts that are titled "Commercial 
Districts". Standards that relate to a specific commercial district (DC, DCF and GC) are 
listed specifically under that district heading. Developments have an option to modify code 
standards through a Type III Procedure by following the Design Review Performance Option 
per section 4.2.510. 
City of Silverton 
Zoning and Development Code 
2-45 City Council Approved 
October 6, 2008 
2.3.110 - Commercial (C) Land Use Districts - Allowed Uses 
2.3.110 Commercial Districts - Allowed Land Uses 
Table 2.3.110 identifies the land uses that are allowed in the Commercial Districts. The specific 
land use categories are described and uses are defined in Chapter 1.5 and 1.6. 
Table 2.3.110 - Uses Permitted in Commercial Districts 
Use Categories 
(Examples of uses are in Chapter 1.6; 
definitions are in Chapter 1.5.) 
Downtown 
Commercial (DC) 
General 
Commercial (GC) 
Downtown 
Commercial 
Fringe (DCF) 
Residential Categor ies 
All Residential Uses (Household Living and 
Group Living) allowed, if: 
- Lawfully existing as of September 
1, 2006 (Section 2.3.160.D), or 
S S S 
- Replacement or rebuilding of 
residential structure conforming to 
the same footprint as previously 
existed as of [effective date], or 
P P P 
- New dwelling, free-standing (not 
above commercial use), or 
N CU P 
- New dwelling(s) built in 
conjunction with a permitted 
commercial use, including 
caretaker dwellings (residential 
use allowed above ground floor 
commercial only) 
P P P 
Group Living Uses shall conform to the 
provisions in Section 2.2.200. 
Commerc ia l Categor ies 
Drive-Up/Drive-In/Drive-Through (drive-up 
windows, kiosks, ATM's, similar 
uses/facilities), per Section 2.3.160.A 
CU+S CU+S CU+S 
Bed and Breakfast Inn, per Section 2.2.200 S S S 
Key: 
P = Permit ted, sub ject to land use rev iew or des ign rev iew (Chapter 4.2) Other uses may be a l lowed 
wi th a P lanned Dev. 
S = Permit ted wi th s tandards (Sect ion 2.3.160). Other uses may be a l lowed wi th a P lanned Dev. 
CU = Condi t ional Use required (Chapter 4.4). Other uses may be a l lowed wi th a P lanned Dev. 
N = N o t permi t ted 
City of Si lverton 
Zon ing and Deve lopment Code 
2 -46 City Counci l App roved 
October 6, 2008 
2.3.110 - Commercial (C) Land Use Districts - Allowed Uses 
Table 2.3.110 - Uses Permitted in Commercial Districts 
Use Categories 
(Examples of uses are in Chapter 1.6; 
definitions are in Chapter 1.5.) 
Downtown 
Commercial (DC) 
General 
Commercial (GC) 
Downtown 
Commercial 
Fringe (DCF) 
Educational Services, not a school (e.g., 
tutoring or similar services) P P P 
Entertainment, Major Event CU CU N 
Mobile Food Vendor, per Section 
2.3.160.B S S S 
Offices P P P 
Outdoor Recreation, Commercial CU CU CU 
Parking Lot (when not an accessory use) CU CU CU 
Quick Vehicle Servicing or Vehicle Repair. 
(See also Drive-Up/Drive-In/Drive-Through 
Uses, per Section 2.3.160) 
- fully enclosed (e.g., garage) CU P N 
- not enclosed N CU N 
Retail Sales and Service (See also Drive-
Up Uses, per Section 2.3.160) 
- Fully enclosed (e.g., garage) P P P 
- Not enclosed (other than N N N 
accessory uses) 
- Eating establishments as an P P P 
accessory use, enclosed in same 
building with primary use 
- Eating establishment not S S S 
enclosed, per Section 2.3.160.C 
Self-Service Storage N CU N 
City of Silverton 
Zoning and Development Code 
2-47 City Council Approved 
October 6, 2008 
2.3.110 - Commercial (C) Land Use Districts - Allowed Uses 
Table 2.3.110 - Uses Permitted in Commercial Districts 
Use Categories 
(Examples of uses are in Chapter 1.6; 
definitions are in Chapter 1.5.) 
Downtown 
Commercial (DC) 
General 
Commercial (GC) 
Downtown 
Commercial 
Fringe (DCF) 
Industrial Categor ies 
Industrial Service (See also Drive-Up 
Uses) 
- fully enclosed (e.g., office) 
- not enclosed 
N 
N 
P 
CU 
CU 
N 
Manufacturing and Production 
- fully enclosed 
- not enclosed 
CU 
N 
P 
CU 
CU 
N 
Warehouse and Freight Movement N CU N 
Waste-Related N N N 
Wholesale Sales 
- fully enclosed 
- not enclosed 
N 
N 
P 
CU 
CU 
N 
Institutional Categor ies 
Basic Utilities P P P 
Cemeteries, Mausoleums, Crematoriums, 
Funeral Services 
CU CU CU 
Colleges P P P 
Community Service CU CU CU 
Daycare, adult or child day care; does not 
include Family Daycare (16 or fewer 
children) under ORS 657A.250 
CU CU CU 
Parks and Open Space P P P 
Key: 
P = Permit ted, sub ject to land use review or des ign rev iew (Chapter 4.2). Other uses may be a l lowed 
wi th a P lanned Dev. 
S = Permit ted wi th s tandards (Sect ion 2.3.160). Other uses may be a l lowed wi th a P lanned Dev. 
CU = Condi t ional Use required (Chapter 4.4). Other uses may be a l lowed wi th a Planned Dev. 
N = N o t permi t ted 
City of Si lverton 
Zon ing and Deve lopment Code 
2 -48 City Counci l App roved 
October 6, 2008 
2.3.110 - Commercial (C) Land Use Districts - Allowed Uses 
Table 2.3.110 - Uses Permitted in Commercial Districts 
Use Categories 
(Examples of uses are in Chapter 1.6; 
definitions are in Chapter 1.5.) 
Downtown 
Commercial (DC) 
General 
Commercial (GC) 
Downtown 
Commercial 
Fringe (DCF) 
Religious Institutions and Houses of 
Worship, 
- lawfully existing as of [effective 
date] 
- new 
P 
CU 
P 
CU 
P 
CU 
Schools 
- lawfully existing as of [effective 
date] 
- new 
P 
CU 
P 
CU 
P 
CU 
Other Categories 
Accessory Structures (with a primary 
permitted use) 
P P P 
Agriculture - Animals N N N 
Agriculture - Nurseries and similar 
horticulture (See also, Wholesale and 
Retail Uses) 
CU CU N 
Historic Building Alterations, per Chapter 
3.5 S S S 
Mining N N N 
Radio Frequency Transmission Facilities 
and Telecommunication Towers and 
Antennae, except those allowed as 
ancillary to a primary permitted use 
N CU N 
Rail Lines and Utility Corridors, except 
existing facilities on non-zoned RR 
properties are permitted. 
CU CU CU 
Temporary Uses (limited to "P" and "CU" 
uses), per Section 4.9.100. P/CU P/CU P/CU 
Transportation Facilities (operation, 
maintenance, preservation, and 
construction in accordance with the City's 
Transportation System Plan) 
P P P 
A :rmi 
City of Silverton 
Zoning and Development Code 
2-49 City Council Approved 
October 6, 2008 
2.3.120 - Commercial (C) Land Use Districts - Development Standards 
2 .3 .120 C o m m e r c i a l D i s t r i c t s - D e v e l o p m e n t S t a n d a r d s 
T h e d e v e l o p m e n t s t anda rds i n T a b l e 2 .3 .120 app ly to al l n e w s t ruc tures , bu i ld ings , a n d 
d e v e l o p m e n t , a n d m a j o r r emode l s , i n t he C o m m e r c i a l Dis t r ic t s . I n add i t i on to m e e t i n g the 
f o l l o w i n g s tandards , p r o j e c t p r o p o s a l s m u s t b e r e v i e w e d t h r o u g h D e s i g n R e v i e w . 
Table 2.3.120 - Development Standards for Commercial Districts 
Standard DC GC DCF 
Minimum Lot Area* (square feet) 
*Development must conform to lot 
width, depth, yard setback and 
coverage standards. 
Not limited Not limited 1,600 sf 
Minimum Lot Width 
Minimum Lot Depth 
Not limited 
Not limited 
Not limited 
Not limited 
20 ft 
80 ft 
Building/Structure Height and 
Footprint 
Maximum Height 55 ft 45 ft 35 ft 
Maximum Building Footprint with a 
single user 45,000 45,000 45,000 
Fences and Walls - Maximum Height 
at Street Right-of-Way. See also, 
Sections 3.1.200, Vision Clearance; 
and 3.2.500, Fences and Walls) 
42 inches 42 inches 42 inches 
Impervious Surface (Maximum) 100% 90%. 90% 
Min. Landscape Area (Minimum) 
Landscape area may include plant 
areas and some non-plant/hardscape 
areas, as allowed under Section 
3.2.300.D. 
0% 10% 10% 
City of Silverton 
Zoning and Development Code 
2-50 City Council Approved 
October 6, 2008 
2.3.120 - Commercial (C) Land Use Districts - Development Standards 
Table 2.3.120 - Development Standards for Commercial Districts 
Standard DC GC DCF 
Minimum Setbacks: 
(See also, Section 2.3.150.E, Design 
Standards for Properties Adjacent to 
North 1st, North Water and C Streets; 
and Section 2.3.160.A, Drive-Up 
Facilities.) 
Per Building Code Per Building Code 
Per 
Building 
Code, 
except 5 ft 
side yard 
and 10 ft 
rear yard 
(minimum) 
when 
abutting 
Residential 
district 
Build-To Line (feet)*: 
(See also, Section 2.3.150.E, Design 
Standards for Properties Adjacent to 
North 1st, North Water and C Streets; 
and Section 2.3.160.A, Drive-Up 
Facilities.) 
0 ft 0-20 ft (per Section 
2.3.150.E) 
5-20 ft 
New Buildings Only: At least one 
primary building entrance shall be built 
no farther from the street right-of-way 
than the build-to line; except where a 
greater setback is required for a 
Planned Street Improvement, then the 
build-to line increases proportionately. 
The build-to line may also be 
increased through Design Review 
when pedestrian amenities are 
provided between a primary building 
entrance and the street right-of-way. 
(See also, Sections 2.3.170 and 
2.3.180.) 
Inadequate Right-of- Way: On streets 
with inadequate right-of-way, the 
primary building entrance shall be built 
not farther from the intended street 
right-of-way. These streets include, but 
are not limited to, Lane, McClaine, 3rd, 
and Park between 2nd & 3rd. 
'Additional street setbacks beyond those required by Section 2.3.120 may apply, as required by the City of 
Silverton Transportation System Plan (TSP), or the TSP of other road authority(ies), for the purpose of 
maintaining a clear area for planned future street improvements. 
City of Silverton 
Zoning and Development Code 
2-51 City Council Approved 
October 6, 2008 
2.3.130-150 - Commercial (C) Land Use Districts - Lot and Orientation Standards 
2.3.130 Commercial Districts - Zero Setbacks and Build-To Line 
A. Zero Setbacks and Build-To Line - Purpose; Fire Code; and Clear Vision. 
The setbacks and build-to lines, as provided in Table 2.3.120, are intended to encourage 
pedestrian-oriented development, while providing more flexibility in site design than what is 
possible with large setbacks. With buildings placed close to the street, a development affords 
good access for emergency service providers in the case of a fire or other emergency. Where no 
minimum setback is required, all structures and buildings shall conform to the vision clearance 
standards in Chapter 3.1 and the applicable fire and building codes (e.g., for attached structures, 
fire walls, and related requirements). 
B. Setback Yards - Reverse Frontage Lots 
Buildings on reverse-frontage lots (through lots), or lots that front onto more than one street, 
shall be required to meet the build-to line standard on only one street. The approval body may 
require that the build-to line apply to the highest order street. Reverse frontage lots are subject to 
the fence height and setback requirements in Section 2.3.120 and the landscape buffer 
requirements in Chapter 3.2. 
2.3.140 Commercial Districts - Lot Coverage and Impervious Surfaces 
Impervious surfaces are regulated under Table 2.3.120. Lot coverage is not limited provided that 
impervious surface limitations are met. 
2.3.150 Commercial Districts - Building Orientation and Commercial Block Layout 
A. Purpose. Section 2.3.150 orients 
buildings close to streets to 
promote pedestrian-oriented 
development where walking is 
encouraged, and to discourage 
automobile-dominated 
development. Placing 
commercial storefronts and other 
buildings close to the street also 
encourages crime prevention, 
natural surveillance or security, 
and safety by having more "eyes-
on-the-street." 
B. Applicability. Section 2.3.150 
applies to all new buildings and 
major remodels that are subject to Design Review. 
C. Building orientation standards. Developments subject to this Section shall have their 
buildings oriented to a street, as generally shown in Figure 2.3.150.C(1). All of the following 
criteria must be met: 
Figure 2.150.C(1) - Building Orientation 
City of Silverton 
Zoning and Development Code 
2-52 City Council Approved 
October 6, 2008 
2.3.130-150 - Commercial (C) Land Use Districts - Lot and Orientation Standards 
1. Compliance with the setback and build-to line standards in Section 2.3.130, where 
applicable. The build-to line may be setback to provide additional space for pedestrian 
amenities between a building and its adjoining street. In the DC zone, the maximum 
setback is 5 feet; 
2. Except as provided in subsections 2.3.150.C(4) and (5), below, all buildings shall have at 
least one primary building entrance (i.e., dwelling entrance, a tenant entrance, lobby 
entrance, or breezeway/courtyard entrance) facing an adjoining street (i.e., within 45 
degrees of the street property line), or if the building entrance is turned more than 45 
degrees from the street (i.e., front door is on a side elevation), the primary entrance shall 
not be more than 60 feet in the GC District, except to provide pedestrian amenities; a 
walkway shall connect the primary entrance to the sidewalk. In the DCF zones, all 
buildings with street frontage must have at least one primary building entrance facing an 
adjoining street. Additionally, street facing facades of buildings shall provide an entrance 
at least every 45 feet along the street. 
3. In the DC and DCF District, off-street parking, driveways, and other vehicle areas shall 
not be placed between buildings and the street(s) to which they are oriented. Off-street 
parking shall be oriented internally to the site, with parking bays separated by 
landscaping, as generally shown in Figure 2.3.150.C(2). Bays shall contain no more than 
10 parking spots each, as an average over all contiguous parking bays on the same parcel. 
Figure 2.3.150.C(2) - Building Orientation With Internal Parking 
Plaza with Pedestrian Amenities 
4. In the GC District, the building orientation standard may be met with vehicle areas 
allowed between the street right-of-way and a building's primary entrance when the 
approval body finds that all of the following criteria are met: 
a. Placing vehicle areas between the street right-of-way and building's primary 
entrance will not adversely affect pedestrian safety, comfort or convenience, 
City of Silverton 
Zoning and Development Code 
2-53 City Council Approved 
October 6, 2008 
2.3.130-150 - Commercial (C) Land Use Districts - Lot and Orientation Standards 
based on the distance from the street sidewalk to the building entrance, projected 
vehicle traffic volumes, and available pedestrian walkways; 
b. The proposed vehicle areas are limited to one drive aisle of not more than 20 feet 
in width with adjoining bays of not more than eight (8) consecutive parking 
spaces per bay (including ADA accessible spaces) on the side(s) of the drive aisle. 
(The intent of which is to create a drive aisle that is street-like, and to break up 
parking into small bays with landscaping); and 
c. The building's primary entrance is connected to an adjoining street by a 
pedestrian crosswalk as specified under Section 3.1.300. 
5. Where a development contains multiple buildings and there is insufficient street frontage 
to which buildings can be oriented, a primary entrance may be oriented to plaza or 
courtyard. When oriented in this way, the primary entrance(s) plaza or courtyard shall be 
connected to the street by a pedestrian walkway meeting the standards in Section 3.1.300. 
D. Block Layout (Pedestrian-Orientation) Standard. Developments containing more than 
one building, including commercial subdivisions with outlying commercial pads, shall meet 
all of the following standards: 
1. The site shall be configured into blocks having frontage onto streets, interior parking 
courts (as generally shown in Figure 2.3.150.C(2), above), or shopping streets (as 
generally shown in Figure 2.3.150.C(3), below). All parking courts and shopping streets 
shall contain on-street parking bays (parallel or angled parking), street- or plaza-facing 
building entrances and sidewalks with street trees, pedestrian lighting and furnishings 
(benches and trash receptacles) where appropriate; 
2. In the GC district, blocks shall not exceed 400 feet in length, and shall have a perimeter 
not exceeding 1,400 feet. Pedestrian walkways inside buildings are not counted as block 
edges. In the DC and DCF districts, blocks shall not generally exceed 250 feet in length 
and 160 feet in width, in keeping with the historic block pattern in the downtown.; 
3. Pedestrian pathways shall connect the street right-of-way to building entrances and the 
interior parking courts between buildings to ensure reasonably safe, direct, and 
convenient access to building entrances and off-street parking; 
City of Silverton 
Zoning and Development Code 
2-54 City Council Approved 
October 6, 2008 
2.3.130-150 - Commercial (C) Land Use Districts - Lot and Orientation Standards 
Figure 2.3.150.C(3) - Shopping Street Example 
E. Properties Adjacent to North 1st, North Water and C Streets. This section applies only 
to properties designated GC. For properties in the DC and DCF district, the standards of 
2.3.150 (A-D) apply. A wide variety of site conditions exist along North 1st, North Water and 
C Streets, making it difficult to apply uniform design standards to the properties designated 
General Commercial. Some buildings are placed right up to the highway, while others are 
setback behind parking. Therefore, the site layout should be designed to accomplish the 
following objectives: 
• Improve safety for all modes of transportation 
• Better integrate land use and transportation planning 
• Protect and enhance aesthetic values 
• Promote human scale development that is compatible with Silverton's small town 
character 
City of Silverton 
Zoning and Development Code 
2-55 City Council Approved 
October 6, 2008 
2.3.130-150 - Commercial (C) Land Use Districts - Lot and Orientation Standards 
F. Site Design in Commercial Districts 
In determining the specific access, circulation, building orientation, and street frontage 
standards that apply to a particular project, the applicant, in consultation with the Community 
Development Director, shall select from the following prototypes: 
Table 2.3.150F- Site Design in Commercial Districts 
Site Design Performance Standards 
(see pages that follow) 
Downtown 
Commercial (DC) 
General 
Commercial (GC) 
Downtown 
Commercial Fringe 
(DCF) 
1. Corner property P P P 
2. Front entrance at street P P P 
3. Building at street with side entrance N P N 
4. Building setback with side entrance N S N 
5. Parking in front with joint access and 
shared driveway 
N S N 
6. Parking in front without joint access or 
shared driveway 
N S N 
7. Property with grade change; retaining 
wall between sidewalk and building S S S 
Key: 
P = Permitted, subject to land use or design review (Chapter 4.2) 
S= Subject to Community Development Director approval (see criteria under 
each standard) 
N = Not permitted 
City of Silverton 
Zoning and Development Code 
2-56 City Council Approved 
October 6, 2008 
2.3.130-150 - Commercial (C) Land Use Districts - Lot and Orientation Standards 
1. Corner Property (Performance Standard #1) 
On corner properties buildings shall be oriented to the corner, with vehicle access provided from 
a side street. Primary building entrances shall be located within 20 feet of a street and the 
building shall meet transparency and weather protection standards along all street-facing 
elevations. If the primary building entrance is more than 20 feet from the sidewalk, then a 10-
foot landscape buffer or civic space is required between the building and sidewalk. 
City of Silverton 
Zoning and Development Code 
2-57 City Council Approved 
October 6, 2008 
2.3.130-150 - Commercial (C) Land Use Districts - Lot and Orientation Standards 
2. Front Entrance at Street (Performance Standard #2) 
On non-corner parcels, the building shall be oriented to the street and have a primary entrance 
placed at street edge or within 20 feet of edge; this distance may be increased only where a civic 
space abuts the sidewalk and primary building entrance and no parking is allowed between the 
building and highway. The building shall meet weather protection and transparency standards 
along all street-facing elevations. 
City of Silverton 
Zoning and Development Code 
2-58 City Council Approved 
October 6, 2008 
2.3.130-150 - Commercial (C) Land Use Districts - Lot and Orientation Standards 
3. Building at Street with Side Entrance (Performance Standard #3): 
Where the Community Development Director determines that a building may have its primary 
entrance placed on a side elevation not facing a street, a primary building entrance shall be 
placed within forty (40) feet of a street right-of-way and a pedestrian pathway shall connect the 
entrance directly to the right-of-way. There shall be no parking located between the building and 
the subject street. The building shall meet weather protection and transparency standards on all 
street-facing elevations. 
City of Silverton 
Zoning and Development Code 
2-59 City Council Approved 
October 6, 2008 
2.3.130-150 - Commercial (C) Land Use Districts - Lot and Orientation Standards 
4. Building Setback with Side Entrance (Performance Standard #4): 
Where the Community Development Director determines that a building may be 
oriented to an internal parking area and it may have its primary entrance placed on a 
side elevation, the following standards shall apply: All street-facing elevations and 
elevations on which a primary building entrance is placed shall meet the transparency 
and weather protection requirements of this chapter. There shall be no parking placed 
between the building and subject street; buildings with primary entrances more than 
forty (40) feet from the highway edge need not meet weather protection and 
transparency standard along the street frontage provided that a landscape buffer of 
twenty- to thirty (20-30) feet in width shall be required. Plantings shall create 
horizontal and vertical screening of any large wall not meeting the transparency 
standard of this chapter in the GC and DCF only. 
City of Silverton 
Zoning and Development Code 
2-60 City Council Approved 
October 6, 2008 
2.3.130-150 - Commercial (C) Land Use Districts - Lot and Orientation Standards 
5. Parking in Front (Performance Standard #5) 
Where the Community Development Director finds that multiple buildings and/or building pads 
should be set back from the street behind surface parking and oriented to internal driveways 
instead of streets, such driveways shall be designed as "shopping streets." Shopping streets shall 
contain, at a minimum, on-street parking, sidewalks/walkways with raised curbs, street trees and 
pedestrian lighting, as generally shown below. Such buildings may have their primary 
entrance(s) placed along the shopping street instead of a public street; in such cases, primary 
building entrances shall be within ten (10) feet of a walkway (8-foot minimum width), except 
where a civic space (e.g., plaza or outdoor seating area) is provided the setback may be increased 
accordingly. Surface parking shall be setback and screened from the street behind a twenty (20) 
foot minimum landscape buffer. Buildings shall meet the weather protection and transparency 
standards of this chapter along all shopping streets. 
Street 
Sidewalks Along Building 
Walls Abutting Parking 
Lots 
cj j^kg 
Driveway Crossings w/— 
Contrasting Paving Materials 
0 ® B T "W 
I—Continuous Internal 
Walkways (5' mia()y 
"I I—Customer Entrance w/ 
Courtyard Frontage 
Pedestrian Amenities ¡tv 
Setback Area 
£ <55 
Sidewalks Along 
Building facades 
Foundation Planting or 
Weather Protection w Planter; 
City of Silverton 
Zoning and Development Code 
2-61 City Council Approved 
October 6, 2008 
2.3.130-150 - Commercial (C) Land Use Districts - Lot and Orientation Standards 
City of Silverton 
Zoning and Development Code 
2-62 City Council Approved 
October 6, 2008 
2.3.130-150 - Commercial (C) Land Use Districts - Lot and Orientation Standards 
6. Parking in Front without Shopping Street (Performance Standard #6): 
Where the Community 
Development Director finds 
that it is necessary to place 
surface parking between a 
building's primary entrance 
and the street, and it is not 
possible to develop an internal 
shopping street as described 
above, e.g., due to the small 
size of a property, its 
configuration, or other physical 
site constraints, then the 
following standards shall 
apply: All surface parking and 
internal drives shall be setback 
at least twenty (20) feet from 
the street behind a landscape 
buffer; adequate vehicle 
queuing distances shall be 
provided between the street and 
all parking areas, subject to 
design review; a six (6) foot 
minimum width walkway shall 
connect the primary building 
entrance to a public sidewalk 
with four (4) foot minimum 
width planter strips placed 
between such walkways and 
abutting driveways; raised or 
textured paving with ADA 
wheelchair accessible ramps 
shall be provided at all 
pedestrian crossings of vehicle 
areas; and provisions shall be 
made for potential future 
driveway extensions as 
adjacent properties or develop 
or street connections can be 
made. 
City of Silverton 
Zoning and Development Code 
2-63 City Council Approved 
October 6, 2008 
2.3.130-150 - Commercial (C) Land Use Districts - Lot and Orientation Standards 
7. Property with Grade Change (Performance Standard #7): 
Where retaining walls are required adjacent to a public right of way, they shall incorporate 
rusticated concrete block, natural stone, or striated or battered concrete with a natural stone 
color. Applications for design review shall include proposed retaining wall detail drawings. 
City of Silverton 
Zoning and Development Code 
2-64 City Council Approved 
October 6, 2008 
2.3.160 - Commercial (C) Land Use Districts - Special Use Standards 
2.3.160 Commercial Districts - Special Use Standards 
This section provides special use standards for those uses so designated in Table 2.3.110. 
A. Drive-Up/Drive-In/Drive-Through Uses and Facilities. When drive-up or drive-through 
uses and facilities are allowed, they shall conform to all of the following standards, which are 
intended to calm traffic, and protect pedestrian comfort and safety. 
1. Access to the drive-up/drive-through facility shall be from an alley, interior accessway, 
(e.g., parking area) driveway, and/or private or public street when the other alternatives 
are not practicable. When access is provided from a pubic or private street the drive-
up/drive-in/drive-through facility shall be located on the site such that vehicles waiting to 
access the drive-up/drive-in/drive-through facility are not blocking the free flow of travel 
on the street nor is the street being used to accommodate vehicles waiting to use the 
facility. 
2. None of the drive-up, drive-in or drive-through facilities (e.g., driveway queuing areas, 
windows, teller machines, service windows, kiosks, drop-boxes, or similar facilities) are 
located within 20 feet of a street and shall not be oriented to a street corner. (Walk-up 
only teller machines and kiosks may be oriented to a street or placed adjacent to a street 
corner); 
3. Drive-up/in queuing areas shall be designed so that vehicles do not obstruct a driveway, 
fire access lane, walkway, or public right-of-way; and 
4. The minimum spacing of drive-up, drive-in, and drive-through facilities receiving access 
onto the same street is 400 linear feet along that street's block face (same side of street). 
5. For restaurants, at least one designated parking space immediately beyond the service 
window, or other satisfactory methods, to allow customers requiring excessive waiting 
time to receive their food while parked. 
6. Commercial establishments providing drive-up window facilities that do not provide for 
walk-in customer service (i.e., not allowing transactions within the structure) shall 
provide for safe, convenient and readily accessible exterior walk-up window service. At 
least two parking spaces shall be provided allowing convenient access to the walk-up 
service window. 
7. The design of vehicle stacking areas shall allow customers' vehicles to leave the stacking 
line for emergency reasons. 
8. On-site parking for walk-in customers shall be designed to be readily accessible to all 
public entrances to the building and to provide safe, convenient access. 
9. Establishments having drive-up window facilities shall have sufficient stacking area to 
ensure that public right-of-way and driveways are not obstructed as determined by the 
Director of Public Works. 
10. The communication sound system shall not exceed a measurement of 55 decibels at the 
City of Silverton 
Zoning and Development Code 
2-65 City Council Approved 
October 6, 2008 
2.3.160 - Commercial (C) Land Use Districts - Special Use Standards 
adjoining property line. 
B. Mobile Food Vendors. Where mobile food vendors are allowed, they shall conform to all of 
the following standards, which are intended to protect the public health, safety and welfare. 
The owner shall submit a site plan drawn to scale with supporting written information to the 
Director demonstrating compliance with all of the following criteria. A mobile food vendor 
shall not commence operations until the City has issued approval in writing. 
1. "Mobile Food Vendor" for the purposes of this section means any kiosk, shed, shelter, 
trailer, vehicle, wagon, or other similar device which is used for the purpose of preparing, 
processing, or converting food for immediate consumption as a drive-in, drive-through, 
curb, or walk-up service that remains in or on any one site or tax lot for less than 72 
hours. Food vendors exceeding a 72-hour occupancy must have prior approval as a 
temporary use under Chapter 4.9. 
2. The use shall be limited to the preparation and/or sale of food and beverages. 
3. The use shall not be conducted within public rights-of-way unless a special permit is 
issued by the City for this purpose. 
4. The use shall be conducted on private property only with the written consent of the 
property owner. 
5. Business operations shall be conducted between the hours of 7:00 a.m. and 10:00 p.m. 
6. The use shall conform to all setback standards, vision clearance requirements and other 
standards of the district in which it is located. 
7. The use shall not block driveways, entrances or parking aisles, or be placed in a 
landscape planter required by this code 
8. Signs associated with the use shall be limited to six (6) square feet, total surface area of 
all sign faces including menu boards. 
9. A trash receptacle shall be located within 10 feet of the use, which shall be maintained by 
the owner or operator of the mobile food vendor. 
10. The combined floor area of the use, including all enclosed structures and decks, shall not 
exceed 128 square feet. 
11. The operator of the use shall posses valid County certification of compliance with health 
and sanitation standards as applicable. 
12. A City Transient Merchant Permit is required pursuant to Chapter 5.14 of the Silverton 
Municipal Code. 
13. Mobile food vendors not otherwise approved as a temporary use must be moved off-
premises and lawfully stored within 72 hours of being placed on the premises. 
C. Outdoor Seating Areas within the Public Right-of-Way. Where outdoor seating areas are 
desired by restaurants or other business establishments they must comply with the following 
procedures and criteria: 
City of Silverton 
Zoning and Development Code 
2-66 City Council Approved 
October 6, 2008 
2.3.160 - Commercial (C) Land Use Districts - Special Use Standards 
1. Submit a written request to the Community Development Department identifying the area 
involved, a site plan of the area, a description of the operating characteristics of the 
proposed use or other pertinent information. 
2. Accompanying the written request shall be a completed City of Silverton application to 
occupy the right-of-way and the associated review fee. 
3. The Community Development Director within 45 days of receipt will review the 
application and make a final decision 
4. In some cases the request may be forwarded to the City Council for final approval. 
5. Approval may be given provided the Community Development Director or City Council 
determine there will be no negative impact to the public, the right-of-way or near-by 
businesses or property owners. 
6. Compliance with other applicable provisions of the City's Municipal Code, including 
permits for using the public right-of-way where sidewalk cafes are allowed. 
7. Design review approval where the outdoor eating area includes seating for more than 
eight (8) patrons. 
8. Where adjacent or abutting a residential use and/or zoning district, the outdoor eating 
area shall only be allowed between the hours of 8:00 a.m. and 10:00 p.m. 
9. The outdoor eating area shall contain a trash receptacle within 10 feet of the use, which 
shall be maintained by the owner or operator of the restaurant. 
10. At least 4 feet of open passageway is maintained on the sidewalk. 
D. Special Status for Single Family Residences in Commercial and Industrial Districts 
Notwithstanding the restrictions of any other provisions of the Silverton Municipal Code, all 
single-family dwellings built before September 1, 2006, on commercial or industrially zoned 
properties are considered as pre-existing conforming uses. If any building on these properties 
is substantially destroyed, as defined in Chapter 5.2, it may be rebuilt to the same size as 
existed when it was destroyed, subject to the regulations of any applicable overlay district. If 
preexisting single-family residence is converted to a permitted commercial, office or 
industrial use, the special status granted here is rescinded, and the use of the property must 
thereafter conform to the requirements of the applicable zoning district. New dwellings may 
be established only in accordance with the provisions in the applicable zoning district. 
2.3.170 Commercial Districts - Pedestrian Amenities 
A. Purpose and Applicability. Section 2.3.170 provides standards for pedestrian amenities 
when pedestrian amenities are required as part of new developments and major remodels, and 
when pedestrian amenities are provided to meet the requirements of other code sections. 
Pedestrian amenities serve as informal gathering places for socializing, resting, and 
enjoyment along street frontages, and they support the community's public safety and 
transportation objectives through natural surveillance and walkability. 
B. Standards. All new developments and major remodels in the GC and DC zones shall 
provide one (1) or more of the "pedestrian amenities" as generally illustrated in Figure 
City of Silverton 
Zoning and Development Code 
2-67 City Council Approved 
October 6, 2008 
2.3.170 - Commercial (C) Land Use Districts - Pedestrian Amenities 
2.3.170.B. Pedestrian amenities may be provided within a street furnishing zone, building 
frontage zone, or plaza, or within the pedestrian through zone, as shown in Figure 2.3.170.B, 
provided that applicable minimum clearance and ADA standards are met. Use of the public 
right-of-way requires approval by the roadway authority. 
New developments and major remodels in the GC zone may use the elements listed below to 
fulfill this standard. 
1. A plaza, courtyard, square or extra-wide sidewalk next to the building entrance with a 
minimum width of five (5) feet; 
2. Sitting space (i.e., dining 
area, benches, garden wall or 
ledges between the building 
entrance and sidewalk) with 
a minimum of 16 inches in 
height and 30 inches in 
width; 
3. Public art that incorporates 
seating (e.g., fountain, 
sculpture). 
4. Transit amenity, such as bus 
shelter, per the standards of 
the transit service provider, 
as applicable. 
5. Decorative sidewalk paving. 
6. Planters. 
7. Covered entryway with 
seating. 
Figure 2.3.170 B - Examples of Pedestrian Amenities 
City of Silverton 
Zoning and Development Code 
2-68 City Council Approved 
October 6, 2008 
2.3.160 - Commercial (C) Land Use Districts - Special Use Standards 
New developments and major remodels in the DC zone may use the following amenities and 
streetscape elements identified in the Downtown Master Plan to fulfill this standard 
including. 
1. A plaza, courtyard, square or extra-wide sidewalk next to the building entrance with a 
minimum width of five (5) feet; 
2. Sitting space (i.e., dining area, benches, garden wall or ledges between the building 
entrance and sidewalk) with a minimum of 16 inches in height and 30 inches in width; 
3. Public art that incorporates seating (e.g., fountain, sculpture). 
4. Transit amenity, such as bus shelter, per the standards of the transit service provider, as 
applicable. 
5. Preferred streetscape furnishings where applicable including, street lamp, bike rack, street 
bench, crosswalk, bollard, trashcan, kiosk, tree grate and curb extension. 
2.3.180 General Commercial District Design Standards 
A. Purpose. Section 2.3.180 promotes the public health, safety, and welfare by requiring at 
least a minimum level of design on every building in the General Commercial District. 
Design is important to identifying Silverton as a unique place with successful commercial 
areas. The design standards are intended to: 
• Encourage architecture that is consistent with the character of Silverton 
• Ensure that new development creates a close, intimate human-scale and architectural 
designs address all four sides of a building. 
• Encourage the use of contextually appropriate materials, textures and colors. 
• Promote pedestrian oriented uses by orienting buildings and their entrances to the street 
or to civic spaces abutting the street. 
• Create vibrant civic spaces (e.g., plazas, public art, café seating areas, etc.) oriented to 
take advantage of southern exposures; civic spaces should help identify the village, create 
intrigue, and offer weather protection and comfort to pedestrians while adding value to 
adjoining properties. 
• Break down large building masses and provide visual interest along the street. 
• Balance rhythm and continuity - encourage creativity in the design of building 
elevations, rooflines and façade elements. 
• Treat corner lots as focal points with vertical elements, public art, seating, and other 
design features. 
• Provide weather protection where commercial and mixed-use buildings abut the street 
B. Applicability. The following standards are applied through Design Review prior to building 
permit review. The applicant is required to demonstrate that the standards are met by 
complying with the criteria under each standard. Remodels of, or additions to, designated 
historic residential structures are subject to the requirements under Chapter 3.5. The 
provisions of Section 2.3.180 may be adjusted through the Design Performance Option in 
Section 4.2.510. 
C. Pedestrian-Orientation. The design of all buildings on a site shall support a safe and 
attractive pedestrian environment. This standard is met when the approval body finds that all 
of the criteria in 1-8, below, are met. Alternatively, the approval body may approve an 
City of Silverton 
Zoning and Development Code 
2-69 City Council Approved 
October 6, 2008 
2.3.160 - Commercial (C) Land Use Districts - Special Use Standards 
alternate design under Section 4.2.510 through a Type III procedure upon finding that the 
proposed design equally or better achieves the above standard. 
1. The building orientation standards under Section 2.3.150 are met; 
2. Primary building entrances shall open directly to the outside and, if not abutting a street, 
shall have walkways connecting them to the street sidewalk; every building shall have at 
least one primary entrance that does not require passage through a parking lot or garage 
to gain access; 
3. Corner buildings (i.e., buildings within twenty (20) feet of a corner as defined by the 
intersecting curbs) shall have corner entrances, or shall provide at least one entrance 
within 20 feet of the street corner or corner plaza; 
4. At least fifty (50) percent of a building's street-facing elevation(s) shall be located at the 
build-to line or closer to the street; build-to lines are prescribed by Section 2.3.120; 
5. Ground floor windows or window displays shall be provided along at least fifty (50) 
percent of the building's (ground floor) street-facing elevation(s). Design elements such 
as large regularly spaced and similarly shaped windows with window trim, and with 
transom or clerestory windows above building entrances are counted; windows and 
display boxes shall be integral to the building design and not mounted to an exterior wall; 
6. Windows shall cover no more than 90 percent of the ground floor façade length, and shall 
not begin less than 18 inches or more than 30 inches above the sidewalk (except transom 
windows). Second and third story windows shall match the vertical and horizontal 
character of ground level windows; 
7. Street-facing elevations shall be designed with weather protection, such as awnings, 
canopies, overhangs, or similar features. Such weather protection shall project a 
minimum of four (4) feet and a maximum of eight (8) feet over sidewalks or other 
pedestrian space; 
8. Drive-up and drive-through facilities, when allowed, shall conform to Section 2.3.160; 
D. Compatibility. All new buildings and major remodels shall be designed consistent with the 
architectural context in which they are located. This standard is met when the approval body 
finds that all of the criteria in 1-6, below, are met. Alternatively, the applicant may propose 
different design elements as provided under Section 4.2.510, Design Performance Option. 
1. There is continuity or effective transitions in building sizes between new and existing 
buildings; 
2. The ground floor and upper floor elevations and architectural detailing are compatible 
with adjacent commercial buildings; 
3. Roof elevation is compatible with adjacent commercial buildings (roof pitch, shape, 
height step-down); 
City of Silverton 
Zoning and Development Code 
2-70 City Council Approved 
October 6, 2008 
2.3.160 - Commercial (C) Land Use Districts - Special Use Standards 
4. There is continuity in the rhythm of windows and doors on the proposed building(s); 
5. The relationship of buildings to public spaces, such as streets, plazas, other areas, and 
public parking, including on-street parking, is strengthened by the proposed building(s); 
6. The materials, colors, and architectural style are compatible with Silverton's character. 
Compatible materials include masonry, tile, stucco, split face concrete blocks, or wood. 
Unadorned poured or tilt-up concrete or metal siding are subject to design review. 
Entirely pre-cast concrete buildings are not permitted. Where blank walls are required for 
structural reasons, all such walls visible from public streets shall include a combination of 
architectural elements and features such as offsets, entry treatments, patterns of varied 
materials and colors, decorative murals and divisions into bays, or similar features. 
E. Human Scale. The design of all buildings shall be to a human-scale. This standard is met 
when the approval body finds that all of the criteria in 1-8, below, are met. Alternatively, the 
applicant may propose different design elements as provided under Section 4.2.510, Design 
Performance Option. Figure 2.3.180E contrasts examples of building elevations that are 
consistent/inconsistent with human scale criteria. 
1. Regularly spaced and similarly-shaped windows are provided on all building stories; 
2. Ground floor retail spaces have tall ceilings (i.e., 12-16 feet) with display windows on the 
ground-floor; 
3. Display windows are trimmed, recessed, or otherwise defined by wainscoting, sills, water 
tables, or similar architectural features; 
4. On multi-story buildings, ground floors are defined and separated from upper stories by 
appropriate architectural features (e.g., cornices, trim, awnings, canopies, arbors, trellises, 
overhangs, or other features) that visually identifies the transition from ground floor to 
upper story; such features should be compatible with the surrounding architecture; 
5. The tops of flat roofs are treated with appropriate detailing (i.e., cornice, pediment, 
flashing, trim, or other detailing) that is compatible with the surrounding architecture; 
6. Pitched roofs have eaves, brackets, gables with decorative vents, or other detailing that is 
consistent with the surrounding architecture; 
7. Historic design and compatibility requirements under Chapter 3.5, where applicable, are 
met; and 
8. Where buildings with greater than 10,000 square feet of enclosed ground-floor space are 
proposed, they shall provide articulated facades on all street-facing elevations. This 
criterion is met when there is a major break in the building plane not less than once for 
every thirty (30) feet of a building's horizontal length. Breaks in building plane include 
windows, primary entrances, weather protection (awnings, canopies, arbors, arcades), 
offsets/projections/changes in elevation or horizontal direction, sheltering roofs, terraces, 
City of Silverton 
Zoning and Development Code 
2-71 City Council Approved 
October 6, 2008 
2.3.160 - Commercial (C) Land Use Districts - Special Use Standards 
a distinct pattern of divisions in surface materials, ornamentation, screening trees, small-
scale lighting (e.g., wall-mounted lighting, or up-lighting), and/or similar features as 
generally shown in Figure 2.3.180.E. See also, subsection 2.3.180.C. 
Figure 2.3.180.E - Design Elements on Large Commercial Buildings in GC District 
All mechanical equipment 
shall be concealed from 
view of publie streets and 
neighboring properties 
A} t i M M 
Reduce height and bulk N 
by varying building mass \ 
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Provide wall sign location 
it ffiM?1 
Provide Provide secondary elements 
Planting that are Cùrìnéttéd to primary-
Area s entry or comer elements 
M M M I l È / ï r û l 
Covered pedestrian Major 
a rcade/cart stora ge entry 
with columns element 
m 
Com$r 
element 
Large Commercial Massing - Acceptable 
City of Silverton 
Zoning and Development Code 
2-72 City Council Approved 
October 6, 2008 
2.3.160 - Commercial (C) Land Use Districts - Special Use Standards 
2.3.190 Reserved 
2.3.200 Downtown Commercial District Design Standards 
A. Purpose. Section 2.3.200 promotes the historic storefront nature of the Downtown 
Commercial area. Design is important to identifying Silverton as a unique place with 
successful commercial areas. The design standards are intended to: 
• Encourage architecture that is consistent with the historic character of downtown 
Silverton 
• Ensure that new development creates a close, intimate human-scale and architectural 
designs address all four sides of a building. 
• Encourage the use of contextually appropriate materials, textures and colors. 
• Promote public access by orienting buildings and their entrances to the street or to civic 
spaces abutting the street. 
B. Applicability. The following standards are applied through Design Review prior to building 
permit review. An applicant is required to demonstrate compliance with all applicable 
district standards, design review criteria and historic review criteria, if applicable. Remodels 
of, or additions to, or modifications of, structures within the National Register Historic 
District Boundary are also subject to the requirements under Chapter 3.5. The provisions of 
Section 2.3.200 may be adjusted through the Design Performance Option in Section 4.2.510 
through a Type III procedure. 
C. Area Defined. The Downtown Commercial Area comprises the Central Business District 
and all of the National Historical District, and some contiguous areas which are not within 
the National Historic District. See Figure 2.3.200.1. 
City of Silverton 
Zoning and Development Code 
2-73 City Council Approved 
October 6, 2008 
Figure 2.3.200.1 - Map of Downtown Commercial 
D. Standards. Standards for new construction shall require builders to conform to the 
architectural form of Silverton's historic period (1890's - 1940s). As such, new construction 
shall conform to the following standards listed below. Throughout the standards, reference is 
made to Silverton's historic period, the 1890's - 1940's, and, to buildings which display 
characteristics of that period. The following list of buildings is provided as a reference guide 
to those buildings which display characteristics intended by the standards. The list is a guide 
only - other buildings may be used to demonstrate the required elements and/or the basis for 
visual compatibility. 
City of Silverton 
Zoning and Development Code 
2-74 City Council Approved 
October 6, 2008 
2.3.200 - Commercial (C) Land Use Districts - DC Design Standards 
Examples of historic storefront buildings for determining compatibility with standards: 
a. Wolfe Building: 201 E Main St 
City of Silverton 
Zoning and Development Code 
2-75 City Council Approved 
October 6, 2008 
2.3.160 - Commercial (C) Land Use Districts - Special Use Standards 
c. Larsen & Flynn Building: 100 S Water St 
d. Silver Grill: 206 E Main St 
City of Silverton 
Zoning and Development Code 
2-76 City Council Approved 
October 6, 2008 
2.3.160 - Commercial (C) Land Use Districts - Special Use Standards 
e. Hartman Building: 210 S Water St 
f. Silverton Masonic Building: 101-110 S Water St 
City of Silverton 
Zoning and Development Code 
2-77 City Council Approved 
October 6, 2008 
2.3.160 - Commercial (C) Land Use Districts - Special Use Standards 
2.3.200.2 Site Development. 
a. Building fronts and entrances shall be oriented toward the street. 
b. Building facades shall be set at the property edge along the sidewalk. A setback of up to 5 
feet is permitted when occupied by pedestrian amenities (e.g. plaza, outdoor seating.) 
c. Buildings shall promote public viewing of the creek by the construction of decks or balconies 
adjacent to Silver Creek. This shall include a continuation of a deck or walk within a public 
access easement. The deck/creek walk shall be a minimum of 5 feet in width. 
2.3.200.3 Building Scale. 
a. The overall size and proportion of new structures shall be compatible with the scale of 
buildings constructed during the historic period (1890's-1940's). This standard may be met by 
either designing the building's size and proportions to be similar to comparable historic 
structures in the downtown, or, by the design of the façade so that it breaks a larger mass into 
smaller proportions that are similar to comparable historic structures. 
b. The relationship between the height and width of the main facade of the building shall be 
visibly compatible with adjoining or nearby buildings of the historic period or style. As with 
(a) above, this standard may be met through either similar height and width, or, through 
design elements that provide visual continuity with the height and width of adjoining or 
nearby buildings of the historic period. 
2.3.200.4 Building Height 
a. The facade height of all buildings shall be two to four stories and not more than 55 feet in 
maximum height. 
2.3.200.5 Building Width 
a. All new buildings shall maximize lot frontage as much as is practicable. 
b. New buildings whose street frontage is more than 45 feet wide shall be designed to convey a 
sense of division through the use of pilasters, windows and door openings, recessed entries, 
off-sets or other architectural details. 
2.3.200.6 Storefronts 
a. Primary entrances shall be oriented to the street. Corner buildings shall have corner 
entrances, or shall provide at least one entrance within 20 feet of the street corner or corner 
plaza. 
b. The upper windows of multi-story buildings shall use multi-pane double-hung sash windows 
or the equivalent style. 
c. The relationship between solid walls and window and door openings on the main façade shall 
be visually compatible with adjoining or nearby structures from the historic period or style. 
d. The relationship of width and height of window and door openings shall be visually 
compatible with adjoining or nearby buildings from the historic period or style. 
e. Blank walls, walls without window or door openings, are not permitted along public streets. 
City of Silverton 
Zoning and Development Code 
2-78 City Council Approved 
October 6, 2008 
2.3.160 - Commercial (C) Land Use Districts - Special Use Standards 
f. Windows and doorways shall not be covered over with paper, boards, or cardboard except 
during times of construction or remodeling and shall be limited to a period of 120 days unless 
an extension is otherwise granted by the City Manager. 
g. Doors shall match the materials, design, and character of the display window framing. 
h. Architectural features such as awnings, windows, cornices, etc. shall be provided at the 
second floor to differentiate the storefront from the upper levels of the building, to add visual 
interest, and to allow the storefront to function as the base for the rest of the building. 
2.3.200.7 Facade Materials and Texture 
a. The materials and texture of the facade shall be compatible with those on buildings 
constructed during the historic period. 
b. Permitted exterior facade materials include: brick, cast iron, relatively narrow horizontal 
wood siding, and stucco. Plywood siding, T-111, and vertical board and batten are 
prohibited. 
c. Exposed concrete block facades facing the street are not allowed. Split-face or scored-face 
block may be used in small quantities for foundations or other non-dominate features. 
d. All main facade materials shall be painted (except brick for which painting is optional). 
e. Metal siding shall not be used as a building material on the facade facing a street. 
2.3.200.8 Roofs 
a. Main facade roofs (lower than a 6:12 pitch) shall be concealed behind a square or stepped 
parapet. 
b. All HVAC systems located on top of a roof shall be located and/or screened so that they are 
not visible from the street. Dish style antennas shall be located and/or screened so that they 
are not visible from the street. All screening material shall be natural and shall be compatible 
with the facade of the front of the building. 
c. New roofs on existing buildings, or on additions to existing buildings, shall match the pitch 
and form of the original roof. 
d. Shed roofs are permitted on one-story rear additions. 
e. Back-lit or internally illuminated roofs are prohibited. 
2.3.200.9 Awnings and Canopies 
a. Awnings shall extend out from the building front to cover at least two-thirds of the sidewalk 
unless it is shown that such a distance will interfere with existing trees, poles, etc., to provide 
pedestrian protection from the elements. 
b. Awnings shall be flat or sloping. Awnings shall be made of metal, wood, canvas or similar 
materials. Rounded bubble or plastic awnings are prohibited. Fully glazed awnings are not 
permitted. 
c. Awnings shall fit within the window bays (either above the main glass or the transom light) 
so as not to obscure or distract from significant architectural features. 
d. The color of the awning shall be compatible with its attached building. 
City of Silverton 
Zoning and Development Code 
2-79 City Council Approved 
October 6, 2008 
2.3.160 - Commercial (C) Land Use Districts - Special Use Standards 
e. Awnings shall not be internally illuminated. However, lighting which is intended to provide 
illumination to the sidewalk and signage is permitted. 
f. Awnings shall be a minimum of 8 feet above the sidewalk. 
2.3.200.10 Color 
a. The painting of brick walls is permitted. 
b. Subtle or subdued tones commonly used during the historic period shall be used. Bright or 
neon colors are prohibited. 
c. Different colors shall be used to accentuate and highlight trim, windows, and other building 
features. 
2.3.200.11 Signs/Murals 
Refer to Silverton Sign Code for specific sign regulations. 
In the DC and DCF districts: 
a. Murals are allowed on the side walls of buildings facing the interior of blocks and blank side 
walls of non-historic buildings. 
b. Murals are not permitted on the main facade of either modern or historic buildings. 
c. Existing murals shall not be altered without a conditional use. 
2.3.200.12 Site Design 
a. Landscaping shall not obliterate street and sidewalk views of signage or architectural features 
on historic buildings. 
b. The area of Downtown bounded North and South between High Street and Lewis Street and 
bounded East and West by Water street and First Street shall provide alternative landscape 
features in lieu of street trees to include one of the following for every 30 feet of frontage; 
plazas, planter boxes, hanging baskets, decorative sidewalk treatments or benches. 
c. For these areas not included in section 'b' above there shall be one street tree for every 30 to 
50 feet of frontage, depending on the crown width of the tree, chosen from the street tree list, 
is permitted on that portion of the development paralleling the street, unless it is determined 
that street trees will interfere with ingress/ egress, utility lines or other factors would prevent 
a tree from growing to healthy maturity. Tree species and size to be consistent with the 
approved City of Silverton Street Tree List. 
d. Container plants shall be provided if the property can not provide any other form of 
landscaping. Otherwise low-water deciduous trees, shrubs, and flowering plants shall be 
used. 
2.3.200.13 Designated Creek Protection 
a. Creek protection to maintain water quality and wild animal habitat shall be incorporated in 
the overall design of a project. 
b. Native riparian plant materials shall be planted adjacent to the creek to enhance creek habitat, 
consistent with state and federal guidelines. 
City of Silverton 
Zoning and Development Code 
2-80 City Council Approved 
October 6, 2008 
2.3.160 - Commercial (C) Land Use Districts - Special Use Standards 
2.3.200.14 Parking 
a. Parking areas shall not be located between the front of the building and the street. 
b. Parking areas with more than 10 spaces shall be divided by landscaped areas or walkways, or 
by a building or group of buildings. 
c. Parking lot landscaping shall consist of a minimum of 10% of the total parking area. The 
landscaping in parking areas is in addition to that required to meet other standards or 
percentages of required landscaping. A minimum of one tree for every 10 parking spaces 
shall be provided. 
d. "Knee walls" are required to screen street side parking lots. "Knee walls" shall not exceed 3 
feet in height and shall be constructed with masonry. A combination of walls and 
landscaping may be approved if they provide an effective buffer and low-level screen of the 
parking area. 
e. Parking lot orientation shall comply with requirements within Section 2.3.150. 
2.3.200.15 Residential Development 
a. Development which includes second and third story residences is compatible with historic 
design and use patterns and shall be allowed when other standards are met. 
City of Silverton 
Zoning and Development Code 
2-81 City Council Approved 
October 6, 2008 
2.3.160 - Commercial (C) Land Use Districts - Special Use Standards 
2.3.210 Downtown Commercial Fringe District Design Standards 
A. Purpose. Section 2.3.210 promotes the historic residential nature of the Downtown 
Commercial Fringe area. Design is important to identifying Silverton as a unique place with 
successful commercial areas. The design standards are intended to: 
• Encourage architecture that is consistent with the historic residential character of 
downtown Silverton 
• Ensure that new development creates a close, intimate human-scale and architectural 
designs address all four sides of a building. 
• Encourage the use of contextually appropriate materials, textures and colors. 
• Promote pedestrian oriented uses by orienting buildings and their entrances to the street 
or to civic spaces abutting the street. 
• Balance rhythm and continuity - encourage creativity in the design of building 
elevations, rooflines and façade elements. 
B. Applicability. The following standards are applied through Design Review prior to building 
permit review. The applicant is required to demonstrate that the standards are met by 
complying with the criteria under each standard. Remodels of, or additions to, designated 
historic residential structures are subject to the requirements under Chapter 3.5. The 
provisions of Section 2.3.210 may be adjusted through the Design Performance Option in 
Section 4.2.510. 
C. Area Defined. The "Downtown Commercial Fringe" includes four sub-sections that 
surround the Downtown Commercial District. See Figure 2.3.210.1 C. 
City of Silverton 
Zoning and Development Code 
2-82 City Council Approved 
October 6, 2008 
2.3.160 - Commercial (C) Land Use Districts - Special Use Standards 
Figure 2.3.210.1 C Map of Downtown Commercial Fringe 
D. Standards. Standards for new construction shall require builders to conform to the 
residential form of the historic period (1890's-1940's) or the surrounding buildings. As such, 
new construction shall conform to the following standards. The following list of buildings is 
provided as a reference guide to those buildings which display characteristics intended by the 
standards. The list is a guide only - other buildings may be used to demonstrate the required 
elements and/or the basis for visual compatibility. 
City of Silverton 
Zoning and Development Code 
2-83 City Council Approved 
October 6, 2008 
2.3.160 - Commercial (C) Land Use Districts - Special Use Standards 
Examples of historic homes converted to commercial use for determining compatibility 
with standards: 
a. Water Street Inn: 421 N Water St 
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m Mavì m m 
f 1 
r t e ! % -
b. Heron Graphics: 417 N Water St 
City of Silverton 
Zoning and Development Code 
2-84 City Council Approved 
October 6, 2008 
2.3.160 - Commercial (C) Land Use Districts - Special Use Standards 
c. Medical Data Solutions: 411 N Water St 
d. Patrick Doyle House: 429 N Water St 
City of Silverton 
Zoning and Development Code 
2-85 City Council Approved 
October 6, 2008 
2.3.160 - Commercial (C) Land Use Districts - Special Use Standards 
e. Adams House: 729 S Water St 
2.3.210.2 Site Orientation 
a. The primary building façade shall face the street. 
b. Buildings shall promote public viewing of the creek by the construction of decks or balconies 
adjacent to Silver Creek. This shall include a continuation of the 5' wide creek walk or trail 
with a public easement. 
c. The setbacks in the DCF zone are 5-20 feet. 
e. All sign locations shall be identified and shown on the plan submitted for review. Proposed 
sign locations and dimensions of signs shall comply with the Silverton Sign Code. 
2.3.210.3 Site Design 
a. Landscaping (trees, shrubs, planters, etc.) shall not obliterate street and sidewalk views of 
signage or architectural features on historic buildings. 
b. Landscaping shall be continuously maintained by the property owner. 
c. Existing healthy trees on the site shall be preserved. 
d. One street tree shall be provided for every 30 to 50 feet of frontage, depending on the crown 
width of the tree, chosen from the street tree list, shall be placed on that portion of the 
development paralleling the street. Where the size of the project dictates an interior street 
layout, a similar streetscape with street trees is required. Tree species and size to be 
consistent with the approved City of Silverton Street Tree List. 
e. Low-water use trees, shrubs, and flowering plants shall be used or an irrigation system shall 
be installed. 
2.3.210.4 Building Scale and Height 
a. Buildings shall be constructed to a maximum height of 35'. Roof style shall be 
architecturally compatible with the surrounding developments 
City of Silverton 
Zoning and Development Code 
2-86 City Council Approved 
October 6, 2008 
2.3.160 - Commercial (C) Land Use Districts - Special Use Standards 
2.3.210.5 Building Width 
a. All new building widths shall be consistent with adjacent properties. 
2.3.210.6 Roofs 
a. Backlit or illuminated roofs are prohibited. 
b. All HVAC systems located on top of a roof shall be located and/or screened so that they are 
not visible from the street. Dish style antennas shall be located and/or screened so that they 
are not visible from the street. All screening material shall be compatible with the facade of 
the front of the building. 
c. Roof lines should be visually compatible with the existing historic buildings in the same 
district. Peaked and pitched roofs are preferred in the DCF district. Refer to 2.3.210.D for 
examples of residential historic buildings in the DCF. 
2.3.210.7 Facade Materials/Textures 
a. Generally, the materials and texture of the facade shall be compatible with those on buildings 
constructed during the designated Historic Period. 
b. Permitted exterior facade materials include: relatively narrow horizontal wood siding, wood 
shingles, stucco facing and durable materials such as brick, stone and concrete. 
c. Exposed concrete block and plywood material are not allowed. Split-face or textured 
concrete may be used on the façade facing a street. 
d. All main facade materials shall be painted, except for durable materials such as brick, stone 
or concrete block which shall be sealed or otherwise appropriately treated. 
e. Metal shall not be used as a building material on the building facade facing any street. This 
requirement shall not include certain types of uses such as gas station canopies, historically 
sensitive awnings or ornamentation. 
2.3.210.8 Color 
a. Bright primary colors shall be prohibited. Subtle or subdued tones shall be used. 
2.3.210.9 Parking 
a. Parking areas shall not be located between the front of the building and the street. 
b. Parking lot landscaping shall consist of a minimum of 10% of the total parking area. The 
landscaping in parking areas is in addition to that required to meet other standards or 
percentages of required landscaping. A minimum of one tree for every 10 parking spaces 
shall be provided. 
c. Parking lots shall comply with requirements within Section 3.3. 
2.3.210.10 Designated Creek Protection 
a. Properties which abut Silver Creek shall include creek protection to maintain water quality 
and wild animal habitat in the overall design of a project. 
City of Silverton 
Zoning and Development Code 
2-87 City Council Approved 
October 6, 2008 
2.3.160 - Commercial (C) Land Use Districts - Special Use Standards 
b. Properties which abut Silver Creek shall include native riparian plant materials landscaping 
to be planted adjacent to the creek to enhance creek habitat. 
2.3.210.11 Landscaping 
a. Landscaping shall be designed so that vegetation covers a minimum of 50% of the required 
landscaped area within one year of installation and 90% coverage occurring within 5 years. 
b. Landscaping design shall include a variety of deciduous and evergreen trees and shrubs and 
flowering plant species well adapted to the local climate. 
c. During site preparation existing healthy trees shall be saved where practicable. 
d. Landscaping shall consist of a minimum of 10% of the total site. 
e. All landscaping shall be continuously maintained by the property owner. Failed plantings 
shall be replaced in the next appropriate planting season but no later than within one year of 
the initial planting. 
City of Silverton 
Zoning and Development Code 
2-88 City Council Approved 
October 6, 2008 
Page 49: [1] Deleted cristag G3/16/2GG7 5:02:00 PM 
2.4 - Industrial (I) Districts - Purpose 
Chapter 2.4 — Industrial (I) Districts 
Sections: 
2.4.100 Industrial Districts - Purpose 
2.4.110 Industrial Districts - Allowed Uses 
2.4.120 Industrial Districts - Setback Yards and Buffering 
2.4.130 Industrial Districts - Lot Coverage 
2.4.140 Industrial Districts - Site Layout and Design 
2.4.150 Industrial Districts - Building and Structure Height 
2.4.160 Industrial Districts - Performance Standards 
2.4.100 Industrial Districts - Purpose 
Chapter 2.4 accommodates a range of industrial land uses. The district is intended to provide for 
land use compatibility while providing a high-quality environment for businesses and employees. 
This chapter is also intended to provide suitable locations for heavy industrial uses (e.g., raw 
materials processing; and manufacturing, assembly, packaging or distribution of heavy or large 
goods) that would not otherwise be compatible in other districts. Chapter 2.4 guides the orderly 
development of industrial areas based on the following objectives: 
• Provide for efficient use of land and public services; 
• Provide appropriately zoned land with a range of parcel sizes for industry; 
• Provide transportation options for employees and customers; 
• Locate business services close to major employment centers; 
• Ensure compatibility between industrial uses and nearby commercial and residential 
areas; 
• Provide appropriate design standards to accommodate a range of industrial users; 
• Provide attractive locations for business to locate; and 
• Accommodate mixed-use employment development. 
City of Silverton 
Zoning and Development Code 
2-89 City Council Approved 
October 6, 2008 
2.4.110 - Industrial (I) Districts - Allowed Uses 
2.4.110 Industrial District - Allowed Uses 
Table 2.4.110 identifies the land uses that are allowed in the Industrial Districts. The specific 
land use categories are described and uses are defined in Chapter 1.5 and 1.6. 
Uses Status of Use in District 
Use Categories 
(Examples of uses are in Chapter 1.6; definitions 
are in Chapter 1.5.) 
Industrial 
(I) 
Light 
Industrial 
(LI) 
Industrial 
Park (IP) 
Residential Categories 
Household Living 
Residential Uses (Household Living and Group 
Living) not allowed, except as follows: 
S S S - lawfully existing before September 1, 
2006, per Section 2.3.160.D; or 
- caretaker dwelling (accessory to a 
primary permitted use) 
P P P 
Group Living Uses shall conform to the 
provisions in Section 2.2.200. 
Commercial Categories 
Drive-Up/Drive-In/Drive-Through (drive-up 
windows, kiosks, similar uses/facilities) 
- accessory to a primary permitted use P CU CU 
- not accessory to a permitted use CU CU N 
Bed and Breakfast Inn N N N 
Educational Services, not a school N CU CU 
Entertainment, Major Event N N N 
Mobile Food Vendor, per Section 2.3.160.B S S S 
Offices CU P P 
Outdoor Recreation, Commercial N N N 
Parking Lot, when not an accessory use CU CU CU 
Quick Vehicle Servicing or Vehicle Repair CU CU CU 
City of Silverton 
Zoning and Development Code 
2-90 City Council Approved 
October 6, 2008 
2.4.110 - Industrial (I) Districts - Allowed Uses 
Uses Status of Use in District 
Use Categories Industrial Light Industrial 
(LI) 
Industrial 
(Examples of uses are in Chapter 1.6; definitions 
are in Chapter 1.5.) 
(I) Park (IP) 
Retail Sales and Service, 
- accessory to a primary permitted use P P P 
- not accessory to a primary permitted use, 
limited to 30,000 square feet gross floor 
area (Section 2.4.140) 
N S S 
Indoor Sports Facility-No Square Footage Limit CU CU CU 
Self-Service Storage 
- enclosed P P P 
- unenclosed (any portion) P CU N 
Industrial Categories 
Industrial Service 
- fully enclosed (e.g., office) P P P 
- not enclosed P CU N 
Manufacturing and Production 
- fully enclosed P P P 
- not enclosed CU N N 
Warehouse and Freight Movement CU CU CU 
Waste-Related CU CU N 
Wholesale Sales, per Section 2.4.140 
- fully enclosed N S S 
- not enclosed CU CU+S CU+S 
Key: 
P = Permitted, subject to land use review or design review (Chapter 4.2) 
S = Permitted with standards (Section 2.4.140). Standards may be modified with a Planned Development 
CU = Conditional Use required (Chapter 4.4) 
N = Not permitted 
City of Silverton 
Zoning and Development Code 
2-91 City Council Approved 
October 6, 2008 
2.4.110 - Industrial (I) Districts - Allowed Uses 
Uses Status of Use in District 
Use Categories 
(Examples of uses are in Chapter 1.6; definitions 
are in Chapter 1.5.) 
Industrial 
(I) 
Light 
Industrial 
(LI) 
Industrial 
Park (IP) 
Institutional Categories 
Basic Utilities P P P 
Colleges, including Vocational Schools CU P P 
Community Service CU P P 
Daycare, adult or child day care N N N 
Parks and Open Space P P P 
Religious Institutions and Houses of Worship, 
- lawfully existing as of [effective date] 
- new 
P 
N 
P 
N 
P 
N 
Schools N CU CU 
Other Categories 
Accessory Structures (with a primary use) P P P 
Agriculture - Animals N N N 
Agriculture - Nurseries and similar horticulture 
(See also, Wholesale and Retail Uses) P CU N 
Mining N N N 
Radio Frequency Transmission Facilities 
- within height limit of district 
- exceeds height limit (free-standing or 
building-mounted facilities) 
P 
CU 
P 
CU 
P 
CU 
Rail Lines and Utility Corridors CU CU CU 
P = Permitted, subject to land use review or design review (Chapter 4.2). 
S = Permitted with standards (Section 2.4.140). Standards may be modified with a Planned Development 
CU = Conditional Use required (Chapter 4.4). 
N = Not permitted 
City of Silverton 
Zoning and Development Code 
2-92 City Council Approved 
October 6, 2008 
2.4.110 - Industrial (I) Districts - Allowed Uses 
Uses Status of Use in District 
Use Categories 
(Examples of uses are in Chapter 1.6; definitions 
are in Chapter 1.5.) 
Industrial 
(I) 
Light 
Industrial 
(LI) 
Industrial 
Park (IP) 
Temporary Uses (limited to "P" and "CU" uses), 
per Section 4.9.100. P/CU P/CU P/CU 
Transportation Facilities (operation, maintenance, 
preservation, and construction in accordance with 
the City's Transportation System Plan) 
P P P 
Key: 
P = Permitted, subject to land use review or design review (Chapter 4.2). 
S = Permitted with standards (Section 2.4.140).Standards may be modified with a Planned Development 
CU = Conditional Use required (Chapter 4.4). 
N = Not permitted 
City of Silverton 
Zoning and Development Code 
2-93 City Council Approved 
October 6, 2008 
2.4.120 - Industrial (I) Districts - Setback Yards and Industrial Buffers 
2.4.120 Industrial Districts - Setback Yards and Buffering 
A. Purpose. Setback yards and buffers provide separation between industrial and non-industrial 
uses for fire protection/security, building maintenance, sunlight and air circulation, noise 
buffering, and visual separation. 
B. Applicability. The setback yard and buffer standards in subsections 2.4.120.C-F are 
minimum standards that apply to buildings, accessory structures, parking areas, mechanical 
equipment, and other development (but not buffers as required under subsection F). In 
granting a Conditional Use, the approval body may increase the standard yards and/or buffers 
consistent with the criteria in Chapter 4.4. The approval body may also decrease the standard 
yards and/or buffers through the CU process, provided that all applicable building and fire 
safety codes are met. 
C. Front and Street Yard Setbacks. 
1. Industrial (I) District: Minimum of 20 feet 
2. Light Industrial (LI) District: Minimum of 10 feet 
3. Industrial Park (IP) District: Minimum of 10 feet 
D. Rear Yard Setbacks. 
A minimum of 10 feet is required, except where common wall buildings with 0-setback are 
allowed through Design Review (Fire Codes must be met); and where abutting a Residential 
District, a minimum of 30 feet is required. 
E. Side Yard Setbacks. There are no required side-yard setbacks, except a minimum of 30 feet 
is required when an Industrial Districts (I or LI) abuts a Residential District. 
F. Buffering Other Yard Requirements. 
1. Buffering. The approval body may require landscaping, fences, walls or other buffering 
that exceed the landscaping standards in Chapter 3.2 when it finds through Design 
Review (Chapter 4.2), Conditional Use review (Chapter 4.4), and/or Planned 
Development review (Chapter 4.5), as applicable, that more or different buffering is 
necessary to mitigate adverse noise, light, glare, and/or aesthetic impacts to adjacent 
properties. 
2. Pedestrian Access. The approval body may require the construction of pedestrian access 
ways through required buffers to ensure pedestrian connections within large 
developments, between multiple development phases, or connecting to public sidewalks, 
walkways, or multi-use pathways. Access way design shall conform to Section 3.1.300. 
City of Silverton 
Zoning and Development Code 
2-94 City Council Approved 
October 6, 2008 
2.4.130-140 - Industrial (I) Districts - Lot Coverage and Layout 
2.4.130 Industrial Districts - Lot Coverage 
A. Industrial (I) District: Maximum lot coverage, 90 percent; maximum area of impervious 
surfaces, 90 percent. 
B. Light Industrial (LI) District: Maximum lot coverage, 85 percent; maximum area of 
impervious surfaces, 85 percent. 
C. Industrial Park (IP) District: Maximum lot coverage, 85 percent; maximum area of 
impervious surfaces, 85 percent. 
2.4.140 Industrial Districts - Site Layout and Design 
A. Development Compatibility. Industrial uses and developments shall be oriented on the site 
to minimize adverse impacts (e.g., noise, glare, smoke, dust, exhaust, vibration, etc.) and to 
provide compatibility with adjacent uses to the extent practicable. The following standards 
shall apply to all development in the Industrial Districts: 
1. Mechanical equipment, lights, emissions, shipping/receiving areas, and other components 
of an industrial use that are outside enclosed buildings, shall be located away from 
residential areas, schools, parks and other non-industrial areas to the maximum extent 
practicable; and 
2. The City may require a landscape buffer, or other visual or sound barrier (fence, wall, 
landscaping, or combination thereof), to mitigate adverse impacts that cannot be avoided, 
as provided in Section 2.4.120. 
B. Large-Scale Commercial Development. Where commercial, retail or wholesale use is 
allowed (LI or IP districts), it shall meet the following standards: 
1. Gross floor area used for commercial, retail or wholesale shall be limited to 30,000 
square feet. 
2. The architectural standards in Section 2.3.180 must be met on the subject commercial, 
retail or wholesale building(s), as applicable; and 
3. Developments containing more than one building, including commercial or industrial 
subdivisions containing outlying commercial pads, shall meet the commercial block 
layout and building orientation standards for the General Commercial District contained 
in Chapter 2.3 Commercial Districts. 
C. Landscape Area 
1. Industrial (I) District: Minimum area: 10 percent. 
2. Light Industrial (LI) District: Minimum area: 15 percent. 
3. Industrial Park (IP) District: Minimum area: 15 percent. 
City of Silverton 
Zoning and Development Code 
2-95 City Council Approved 
October 6, 2008 
2.4.150-160 - Industrial (I) Districts - Building Height and Design, Performance Standards 
2.4.150 Industrial Districts - Building and Structure Height 
A. Height: The maximum allowable height of buildings and structures in the Industrial Districts 
is 45 feet, except that taller buildings and structures are allowed when approved as part of a 
Conditional Use, provided the minimum setback for such structures abutting a residential 
district shall be increased by one (1) foot for every foot of structure height exceeding 45 feet. 
B. Design Standards: 
1. Building frontages shall have offsets, jogs, or other distinctive changes in the texture, 
color size of the façade. 
2. Metal shall not be the predominant building material on the façade facing a street. 
2.4.160 Industrial Districts - Performance Standards 
A. Industrial (I) District. In this industrial district no land or structure shall be used or 
occupied unless there is continuing compliance with the following standards: 
1. Air Pollution Control. The discharge into the air of solids, liquids or gases which are 
detrimental to the public health, safety, or welfare by causing injury to human, plant or 
animal life or to property is prohibited in this industrial district. 
2. Air Quality Standards. 
A. The emission of odors in such quantities as to be readily perceptible at any point 
beyond the property line or district boundary if closer to the source is prohibited. 
B. Toxic gases in a measurable quantity shall not be discharged into the air. 
3. Heat, Glare and Light. All operations and facilities producing heat, glare or light, 
including exterior lighting shall be so directed or shielded by walls, fences, evergreen 
plantings, that such heat, glare or light is not reflected or directed onto adjacent properties 
or streets. 
4. Noise. No noise or sound in an I District shall be of a nature which will constitute a 
nuisance and all uses in the I District within 150 feet of an IP District shall not exceed the 
limits prescribed for the IP District. 
5. Sewage. Adequate provisions shall be provided for the disposal of sewage and waste 
materials and such provisions shall meet the requirements of the City of Silverton. 
6. Vibration. No vibration other than that caused by highway vehicles and trains shall be 
permitted which is discernible without instruments at or beyond the property line for the 
use concerned. 
City of Silverton 
Zoning and Development Code 
2-96 City Council Approved 
October 6, 2008 
2.4.150-160 - Industrial (I) Districts - Building Height and Design, Performance Standards 
B. Limited Industrial (LI) District. In this industrial district no land or structure shall be used 
or occupied unless there is continuing compliance with the following standards: 
1. Air Pollution Control. The discharge into the air of solids, liquids or gases which are 
detrimental to the public health, safety, or welfare by causing injury to human, plant or 
animal life or to property is prohibited in this industrial district. 
2. Air Quality Standards. 
A. The emission of odors in such quantities as to be readily perceptible at any point 
beyond the property line or district boundary if closer to the source is prohibited. 
B. Toxic gases in a measurable quantity shall not be discharged into the air. 
3. Heat, Glare and Light. All operations and facilities producing heat, glare or light, 
including exterior lighting shall be so directed or shielded by walls, fences, evergreen 
plantings, that such heat, glare or light is not reflected or directed onto adjacent properties 
or streets. 
4. Noise. No noise or sound in an LI District shall be of a nature which will constitute a 
nuisance and all uses in the LI District within 150 feet of an IP District shall not exceed 
the limits prescribed for the IP District. 
5. Sewage. Adequate provisions shall be provided for the disposal of sewage and waste 
materials and such provisions shall meet the requirements of the City of Silverton. 
6. Vibration. No vibration other than that caused by highway vehicles and trains shall be 
permitted which is discernible without instruments at or beyond the property line for the 
use concerned. 
C. Industrial Park (IP) District. In this industrial district no land or structure shall be used or 
occupied unless there is continued compliance with the following standards: 
1. Air Pollution Control. The discharge into the air of solids, liquids or gases which are 
detrimental to the public health, safety, or welfare by causing injury to human, plant or 
animal life or to property is prohibited in this industrial district. 
2. Air Quality Standards. 
A. The emission of odors in such quantities as to be readily perceptible at any point 
beyond the property line or district boundary if closer to the source is prohibited. 
B. Toxic gases in a measurable quantity shall not be discharged into the air. 
3. Heat, Glare and Light. 
A. Except for exterior lighting, operations producing heat or glare shall be conducted 
entirely within an enclosed building and shall not be discernible at or beyond the 
property line. 
B. Exterior lighting shall be directed away from and not reflect on adjacent properties. 
City of Silverton 
Zoning and Development Code 
2-97 City Council Approved 
October 6, 2008 
2.4.150-160 - Industrial (I) Districts - Building Height and Design, Performance Standards 
4. Noise. 
A. Noise shall be muffled and shall not be objectionable due to intermittence, beat 
frequency, or shrillness and shall not exceed the following intensity in relation to 
sound frequency as adjusted below when applicable: 
Octave Band Maximum Permitted Sound Level Decibels 
Frequency in cycles per second 
Hours 
10 p.m. - 7 a.m. 
Hours 
7 a.m. - 10 p.m. 
0 to 74 69 74 
75 to 149 54 59 
150 to 299 47 52 
300 to 599 41 46 
600 to 1,199 37 42 
1,200 to 2,399 34 39 
2,400 to 4,799 31 36 
4,800 and above 28 33 
B. If the noise is not smooth and continuous the following corrections shall be added to 
or subtracted from the above limits: 
Type of Operation or Character of Noise Correction in Decibels 
a. When in each one hour period the noise source operates less 
than a total of (use only one factor): 
12 minutes add 5 
3 minutes add 10 
30 seconds add 15 
b. Noise of an impulsive character (such as hammering, etc.) less 5 
c. Noise of periodic character (such as humming, screech, etc.) less 5 
C. Noise made by devices which are maintained and utilized solely to serve as warning 
devices is excluded from these regulations. 
D. Noise created by highway vehicles, trains, watercraft, and aircraft is excluded from 
these regulations. 
City of Silverton 
Zoning and Development Code 
2-98 City Council Approved 
October 6, 2008 
2.4.150-160 - Industrial (I) Districts - Building Height and Design, Performance Standards 
E. Measurements. 
1. Sound levels shall be measured with a sound level meter and octave band 
analyzer approved by the planning commission based on specifications of the 
American Standards Association. 
2. Measurements shall be made from at least three points along the property line or 
along a non-industrial district boundary when such boundary is closer to the 
source than the property line. 
3. Measurements for alleged violations shall be made on at least three 
nonconsecutive days. 
5. Sewage. Adequate provisions shall be provided for the disposal of sewage and waste 
materials and such provisions shall meet the requirements of the City of Silverton. 
6. Vibration. No vibration other than that caused by highway vehicles and trains shall be 
permitted which is discernible without instruments at or beyond the property line for the 
use concerned. 
City of Silverton 
Zoning and Development Code 
2-99 City Council Approved 
October 6, 2008 
2.5 - Flood Plain (/FP) Overlay 
Chapter 2.5 - Flood Plain Overlay 
Sections: 
2.5.100 Purpose 
2.5.110 Development to Which These Regulations Apply 
2.5.120 Lands to Which These Regulations Apply 
2.5.130 Floodplain Variances 
2.5.140 Definitions 
2.5.150 State and Federal Approval 
2.5.160 Floodway Restrictions 
2.5.170 Alteration of the Flood Carrying Capacity of a Watercourse Prohibited 
2.5.180 General Information Requirements 
2.5.190 Land Division and Planned Development Standards 
2.5.200 Manufactured Home Parks 
2.5.210 Building Standards 
2.5.220 Procedure 
2.5.230 Flood Hazard Reduction Standards 
2.5.240 Accessory buildings in floodplain districts that represent a minimal 
investment are exempt from the standards of 2.5.210 and 2.5.220 
2.5.250 Recreation Vehicles in Floodplain Districts 
2.5.260 Warning and Disclaimer of Liability 
2.5.270 Storage of Material and Equipment. 
2.5.100 Purpose 
It is the purpose of these regulations to promote the public health, safety and general welfare, and 
to minimize public and private losses due to flood conditions in specific areas. 
2.5.110 Development to Which These Regulations Apply 
"Development", as defined in Article 1, includes, but is not limited to, residential and non-
residential construction, manufactured housing, and land divisions. Excavation and fill (grading) 
is specifically excluded from the definition of development as used in this section. Grading is 
regulated by Section 2.6.180. 
2.5.120 Lands to Which These Regulations Apply 
These regulations shall apply to all areas within the City of Silverton that are subject to 
inundation from a 100-year flood. These areas are depicted on federal Flood Insurance Rate 
Maps (FIRMs) and Floodway Maps by the letter A, AE, or AO. 
These areas have been identified by the Federal Emergency Management Agency (FEMA) in the 
Flood Insurance Study for Marion County dated January 19, 2000 (Panels 243, 244, 382, and 
400 of 1150). In addition, the City Council may adopt by resolution more current studies or 
boundary information approved by the Federal Emergency Management Agency (FEMA). 
City of Silverton 
Zoning and Development Code 
2-100 City Council Approved 
October 6, 2008 
2.5 - Flood Plain (/FP) Overlay 
Precise floodplain district boundaries may be difficult to determine from the maps referred to 
above due to their large scale and lack of site specific studies. In such instances, the Community 
Development Director may apply FEMA base flood elevations to topographic maps or site 
surveys in order to determine actual boundaries. In the absence of FEMA base flood elevations, 
the Director shall reasonably utilize other sources of floodplain and floodway data to determine 
base flood elevations and boundaries. However, when elevation data is not available through 
FEMA or another authoritative source and the development consists of 4 or more lots, 4 or more 
structures, or 4 or more acres, the applicant shall generate and have certified by a registered 
engineer the base flood elevation. Any decision of the Community Development Director 
regarding a determination of a base flood elevation or interpretation of a district boundary may 
be appealed in accordance with Section 4.8 of this Code. 
The Flood Insurance Study and FIRM panels for the City of Silverton are maintained in the 
Community Development office. The Community Development office also maintains for public 
inspection all records pertaining to the provision of this ordinance, including elevation and flood-
proofing certificates. 
2.5.130 Floodplain Variances 
Variances from the terms of this section shall be granted only, when because of special 
circumstances applicable to the property, including size, shape, topography, location or 
surroundings, the strict application of this section deprives such property of privileges enjoyed 
by other property in vicinity and under identical zoning classifications. There will be no variance 
given to the standards for development in the floodway. Variances from the floodplain 
management regulations of this section shall be reviewed as a Type II procedure and shall be 
approved if the review body finds that all of the following criteria have been met: 
A. The applicant can show good and sufficient cause; and 
B. Failure to grant the variance would result in exceptional, non-financial hardship to the 
applicant; and 
C. Issuance of the variance will not result in increased flood heights, additional threats to public 
safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the 
public, or conflict with existing local laws or ordinances; and 
D. The variance is the minimum necessary, considering the flood hazard, to afford relief; and in 
addition, variances from the required lowest floor elevation may be granted if the review 
body find that the request meets the following criterion as well as those criteria listed above: 
1. The parcel is one-half acre or less in size contiguous to and surrounded by lots with 
existing structures constructed below the base flood level. 
Upon issuance of the variance, the Community Development Director will notify the applicant in 
writing that the issuance of a variance to construct a structure below the base flood level will 
City of Silverton 
Zoning and Development Code 
2-101 City Council Approved 
October 6, 2008 
2.5 - Flood Plain (/FP) Overlay 
result in increased premium rates for flood insurance, and such construction below the base flood 
level increases risks to life and property. 
2.5.140 Definitions 
As used in this code the following words and phrases shall have the following meanings: 
Base Flood or 100-year Flood: The flood having a one percent chance of being equaled or 
exceeded in any given year. Map designation always includes the letter "A" (e.g. A, AE, AO). 
Federal Emergency Management Agency (FEMA): The federal agency charged with 
implementing the National Flood Insurance Program. FEMA provides floodplain maps to the 
City of Silverton. 
Flood: A general and temporary condition of partial or complete inundation of normally dry land 
areas from: 
(1) The overflow of inland or tidal waters; and/or 
(2) The unusual and rapid accumulation of runoff of surface waters from any source. 
Flood Fringe: Those areas outside the floodway but within the 100-year floodplain. Zone 
designations on Flood Insurance Rate Maps include A, AE, and AO. Note Floodway 
Relationships diagram Fig. 6-3. 
Flood Insurance Rate Map (FIRM): The official map on which FEMA has delineated both the 
areas of special flood hazards and the insurance risk premium zones. 
Floodplain: The combined area of the floodway and the flood fringe. 
Flood-proofing: Any combination of structural or nonstructural provisions, changes or 
adjustments to structures, land or waterway for the reduction or elimination of flood damage to 
real estate or improved real property, water and sanitary facilities, structures, and their contents 
during a 100-year flood. 
Floodway: The channel of a river or other watercourse and the adjacent land areas that must be 
reserved in order to discharge the base flood without increasing the water surface elevation more 
than one foot. These areas are identified on the Floodway maps issued by FEMA. Note 
Floodway Relationships diagram in Figure 6-3. 
Lowest Floor: The lowest floor of the lowest enclosed habitable area (including basement). An 
unfinished or flood-resistant enclosure, usable solely for parking vehicles, building access or 
storage, in any area other than a basement area, is not considered a building's lowest floor, 
provided that such enclosure is not built so as to render the structure in violation of the 
applicable design requirements of this ordinance found in Section 2.5.210. 
City of Silverton 
Zoning and Development Code 
2-102 City Council Approved 
October 6, 2008 
2.5 - Flood Plain (/FP) Overlay 
Permanent Foundation: A natural or manufactured support system to which a structure is 
anchored or attached. A permanent foundation is capable of resisting flood forces and may 
include posts, piles, poured concrete or reinforced block walls, properly compacted fill, or other 
systems of comparable flood resistance and strength. 
Special Flood Hazard Area: Areas subject to inundation during the occurrence of the 100-year 
flood. 
Substantial Damage: Damage of any origin sustained by a structure whereby the cost of 
restoring the structure to its condition before damaged would equal or exceed 50 percent of the 
market value or the structure before the damage occurred. 
Substantial Improvement: For the purposes of this section, and notwithstanding the provisions 
for nonconforming use and development pursuant to Section 5.2, any repair, reconstruction, or 
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value 
of the structure before the start of construction of the improvement. This term includes structures 
which have incurred "substantial damage", regardless of the actual repair work performed. The 
term does not, however, include either: 
(1) Any project for improvement of a structure to correct existing violations of state or local 
health, sanitary, or safety code specifications which have been identified by the local 
code enforcement official and which are the minimum necessary to assure safe living 
conditions; or 
(2) Any alteration of a structure identified on the City's adopted Historic Inventory, 
provided that the alteration will not preclude the structure's continued designation as a 
historic structure. 
Watercourse: Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, 
culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or 
course, either continuously or intermittently, and has a definite channel, bed and banks, and 
includes any area adjacent thereto subject to inundation by reason of overflow or flood water. 
City of Silverton 
Zoning and Development Code 
2-103 City Council Approved 
October 6, 2008 
2.5 - Flood Plain (/FP) Overlay 
I M r n e i n ä-ih 
L H * J l l l i f L ï û C b L t v 1 1 I 3 1 - I « Ì J r t - t 1 
L M I f t l l H I • L « D I L I V H T I C l U T I 1 I: HC P C U T 
m w K ü i « H t T s e r t i s , t I h H f f I P I W k m j f - t u t - T i ' - U H U N T W J . t - o T r < f | 
Figure tì-j Floodway Relationships 
2.5.150 State and Federal Approval. 
City approval of any development within the floodplain is conditioned upon receipt of any 
required state or federal permits. Required state and federal permits include but are not limited 
to: 
A. Permits and associated wetland development regulations administered by the Oregon 
Department of State Lands. 
B. Permits administered by the U.S. Army Corps of Engineers. 
C. All discharge permits covered by the U.S. Environmental Protection Agency and Oregon 
Department of Environmental Quality. 
2.5.160 Floodway Restrictions 
No development is allowed in any floodway except where the review body finds that the 
development will not result in any increase in flood levels during the occurrence of the 100- year 
flood. Such finding shall be based upon applicant-supplied evidence certified by a registered 
professional engineer and upon documentation that one of the following three criteria has been 
met: 
A. The development does not involve the construction of permanent or habitable structures. 
B. The development is a public or private park or recreational use or municipal utility use. 
C. The development is a water-dependent structure such as a dock, pier, bridge, or floating 
marina. 
City of Silverton 
Zoning and Development Code 
2-104 City Council Approved 
October 6, 2008 
2.5 - Flood Plain (/FP) Overlay 
If a floodway boundary is not designated on an official FEMA map available to the City, the 
floodway boundary can be estimated from available data. Proposed development along such 
estimated floodway boundary shall not result in an increase of the base flood level greater than 
one foot as certified by a registered professional engineer. 
2.5.170 Alteration of the Flood Carrying Capacity of a Watercourse Prohibited 
No development shall diminish the flood carrying capacity of a watercourse. Subject to the 
foregoing regulation, no person shall alter or relocate a watercourse, without submittal of a Land 
Use Review application per Section 4.2. The City shall provide a minimum 30-day prior written 
notice to any adjacent community, and the Natural Hazards Mitigation Office of the Department 
of Land Conservation and Development. Maintenance of the altered watercourse shall be 
provided so that the flood carrying capacity is not diminished over time. 
2.5.180 General Information Requirements 
In addition to the information required in other sections of this code, the application for any 
development proposed in the floodplain district must include the following information: 
A. Elevations of the original contours. 
B. Final elevations of proposed fills and excavations. 
C. Base flood (100-year flood) elevations of the site. 
D. Location of any designated floodway and base flood boundary. 
E. Location of any designated wetlands and/or wildlife habitat (if applicable). 
F. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of 
all structures (if applicable). 
G. Which a watercourse will be altered or relocated as a result of proposed development (if 
applicable). 
H. If floodproofing is required, the proposed description and elevation of floodproofing. 
City of Silverton 
Zoning and Development Code 
2-105 City Council Approved 
October 6, 2008 
2.5 - Flood Plain (/FP) Overlay 
2.5.190 Land Division and Planned Development Standards 
Land divisions and planned developments in the floodplain district shall be reviewed by the 
Planning Commission as a part of the land use planning process. 
Notwithstanding other provisions of this code, all land division and planned development 
applications which propose actual development within a floodplain district shall be processed 
under the Type III process. An application to develop property which has floodplain on it, but 
where no development is proposed in that floodplain, will be processed as otherwise required in 
this Code. In the case of a land division, "no actual development" means the floodplain area has 
been excluded from the land division. This can be done by setting the property aside for some 
other purpose than later development. For example, as a public drainage right-of-way. 
In addition to the general review criteria for land divisions and planned developments in Article 
4, applications which propose actual development within the floodplain district shall also be 
subject to the following standards: 
A. All land division proposals shall be consistent with the need to minimize flood damage. 
B. All land division proposals shall have public utilities and facilities such as sewer, gas, 
electrical, and water systems located and constructed to minimize flood damage. 
C. All land division proposals shall have adequate drainage provided to reduce exposure to 
flood damage. 
D. Any lot created for development purposes must have adequate area created outside of the 
floodway to maintain a buildable site area meeting the minimum requirements of this Code. 
E. Any new public or private street providing access to a residential development shall have a 
roadway crown elevation not lower than one foot below the 100-year flood elevation. 
F. All land divisions or planned developments in the floodplain district shall show the location 
of the 100-year flood contour line followed by the date the flood elevation was established. 
Where elevation data is not available, either through the Flood Insurance Study or from 
another authoritative source, and the development is four or more acres or results in four or 
more lots or structures, the elevation shall be determined and certified by a registered 
engineer. In addition, a statement located on or attached to the recorded map or plat shall 
read as follows: "Development of property within the 100-year floodplain as most currently 
established by the Federal Emergency Management Agency or City of Silverton may be 
restricted and subject to special regulations by the City." 
City of Silverton 
Zoning and Development Code 
2-106 City Council Approved 
October 6, 2008 
2.5 - Flood Plain (/FP) Overlay 
2.5.200 Manufactured Home Parks 
Manufactured home parks and manufactured home subdivisions proposed in the floodplain 
district shall be reviewed by the Planning Commission. Notwithstanding other provisions of this 
code, all manufactured home park and subdivision applications which propose actual 
development within the floodplain district shall be processed under a Type III process. An 
application to develop property which has floodplain on it, but where no development is 
proposed in that floodplain, will be processed as otherwise required in this Code. In the case of a 
land division, "no actual development" means the floodplain area has been excluded from the 
land division. This can be done by setting the property aside for some other purpose than later 
development. For example, as a public drainage right-of-way. In addition to the general review 
criteria applicable to manufactured home parks, applications which propose actual development 
within the floodplain district shall include an evacuation plan indicating alternate vehicular 
access and escape routes. In addition, the standards listed in Section 2.5.210 also apply to the 
placement of manufactured homes within a floodplain. 
2.5.210 Building Standards 
Applications for building permits in the floodplain district shall be reviewed by the Building 
Official pursuant to locally adopted state building codes. In addition to building code criteria, all 
development in the floodplain district, except that exempted in Section 2.5.230, shall be subject 
to the following building standards: 
A. The lowest floor, including basement, of any proposed structure (including manufactured 
homes and non-residential structures) shall be placed at least three (3) feet above the 100-
year flood as determined by the latest Federal Insurance Study. 
B. All new construction and substantial improvements shall be constructed with materials and 
utility equipment resistant to flood damage. 
C. All new construction and substantial improvements shall be constructed using methods and 
practices that minimize flood damage. 
D. 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. 
E. All manufactured homes shall be on an adequately anchored, permanent foundation and 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, the use of over-the-top or frame ties to ground anchors (reference FEMA's 
"Manufactured Home Installation in Flood Hazard Areas" guidebook for additional details). 
F. All new construction and substantial improvements shall be anchored to prevent flotation, 
collapse, or lateral movement and shall be installed or constructed using materials, methods, 
and practices that minimize flood damage. 
City of Silverton 
Zoning and Development Code 
2-107 City Council Approved 
October 6, 2008 
2.5 - Flood Plain (/FP) Overlay 
G. All new and replacement public water supply systems shall be designed to minimize or 
eliminate infiltration of flood waters into the system. 
H. All new and replacement public sanitary sewer systems shall be designed to minimize or 
eliminate infiltration of flood waters into the system and discharges from the system into 
flood water. On site waste disposal systems shall be located to avoid impairment to them or 
contamination from them during flooding. 
I. Property owners or developers shall file with the City a certificate whose format is acceptable 
to FEMA. This certificate must be approved by the Building Official, and prepared by a 
registered surveyor or professional engineer, architect or surveyor, and maintained for public 
inspection. The certificate must contain: 
1. The actual elevation (in relation to mean sea level) of the lowest floor including 
basement; 
2. The elevation of any floodproofing; and 
3. Whether or not the structure contains a basement. 
J. If flood-proofing methods are required as per Section 2.5.210(B), the property owners or 
developers shall file with the City certification by a registered professional engineer or 
architect that the floodproofing methods meet or exceed FEMA standards. 
2.5.220 Procedure 
A registered Oregon Engineer or Land Surveyor shall visit the site prior to construction and set a 
reference datum on the site to establish the 100-year base flood elevation. This elevation shall be 
shown on the building plans submitted to the City for review. 
Upon issuance of the building permit, the owner or contractor of record shall set the top of the 
foundation forms so that the floor and mechanical equipment is three (3) feet above the reference 
datum that was set by the Engineer or Surveyor. 
Foundation approval to pour will not be granted until the Engineer or Surveyor has verified the 
elevation of the top of the forms. Verification shall be written and available to the inspector on 
site at the time of inspection. 
City of Silverton 
Zoning and Development Code 
2-108 City Council Approved 
October 6, 2008 
2.5 - Flood Plain (/FP) Overlay 
2.5.230 Flood Hazard Reduction Standards 
All flood hazard reduction measures are required, as applicable, and must be certified as required 
in 2.5.210 (I) and (J) above to at least meet the following standards (these standards do not apply 
to structures exempted in Section 2.5.230 below: 
A. All structures, fully enclosed areas below the lowest floor and lower than 3 feet above the 
100-year flood level must meet or exceed the following minimum criteria: 
1. A minimum of two openings, having a total net area of not less than one square inch for 
every square foot of enclosed area subject to flooding, shall be provided. 
2. The bottom of all openings shall be no higher than one foot above grade. 
3. Openings may be equipped with screens, louvers, or other coverings or devices, provided 
that they permit the automatic entry and exit of floodwaters. 
B. Non-habitable construction meeting the certification requirements of 2.5.210 (I) & (J) can 
have the lowest floor and attendant utility and sanitary facilities located lower than one foot 
above the 100-year flood elevation if: 
1. The structure is floodproofed so that areas lower than one (1) foot above the 100-year 
flood level are watertight with walls substantially impermeable to the passage of water. 
2. The structure has structural components capable of resisting hydrostatic and 
hydrodynamic loads and effects of buoyancy. 
3. The applicant is notified that flood insurance premiums will be based on rates that are 
one foot below the floodproofed level. 
4. The applicant files a certification by a registered 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. Such certification shall be 
provided to the Building Official as set forth in 2.5.210(I). 
5. Non-habitable construction that is elevated, not floodproofed, must meet the elevation 
standards of 2.5.210 and the standards for space below the first floor as described in (A) 
of this Section. 
City of Silverton 
Zoning and Development Code 
2-109 City Council Approved 
October 6, 2008 
2.5 - Flood Plain (/FP) Overlay 
2.5.240 Accessory Buildings in Floodplain Districts that Represent a Minimal 
Investment are Exempt from the Standards of 2.5.210 and 2.5.220 
The following standards, and all other regulations that apply to development in floodplain areas, 
apply to those buildings. The definition of "minimal investment" for the purposes of this section 
is a building which costs less than $10,000 in labor and materials to construct. The value of a 
proposed building will be that value stated on the application for building permits. 
A. Accessory structures shall not be used for human habitation. 
B. Accessory structures shall be designed to have low flood damage potential. 
C. Accessory structures shall be constructed and placed on the building site so as to offer the 
minimum resistance to the flow of floodwaters. 
D. Accessory structures shall be firmly anchored to prevent flotation which may result in 
damage to other structures. 
E. Service facilities such as electrical and heating equipment shall be elevated and floodproofed. 
2.5.250 Recreation Vehicles in Floodplain Districts 
Recreation vehicles placed on sites in the floodplain are required to either: 
A. Meet the requirements of Section 2.5.210, including the elevation and anchoring 
requirements for manufactured homes; or 
B. Be on the site for fewer than 180 consecutive days; or 
C. Be fully licensed and ready for highway use, on wheels or jacking systems attached to the 
site only by quick disconnect type utilities and security devices, and with no permanently 
attached additions. 
2.5.260 Warning and Disclaimer of Liability 
The degree of flood protection required by this ordinance 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 as a result of failure of manmade 
structures and/or natural causes. This ordinance does not imply that the land outside the area of 
special flood hazards or uses permitted within such areas will be free from flooding or flood 
damages. This ordinance does not create liability on the part of the City of Silverton or any 
officer or employee thereof for any flood damages that result from reliance on this ordinance or 
any administrative decision lawfully made thereunder. 
City of Silverton 
Zoning and Development Code 
2-110 City Council Approved 
October 6, 2008 
2.5 - Flood Plain (/FP) Overlay 
2.5.270 Storage of Material and Equipment 
No storage of material or equipment is allowed within floodway areas, unless the storage can be 
approved upon determination that the following criteria have been satisfied: 
A. Site Plan approval has been received. 
B. There is no storage or processing of material that is, in time of flooding, buoyant, flammable, 
toxic, explosive or otherwise could be injurious to human, animal, or plant life. 
C. The material or equipment is not subject to major damage by floods and is firmly anchored to 
prevent flotation or is readily removable from the area within the time available after flood 
warning. 
City of Silverton 
Zoning and Development Code 
2-111 City Council Approved 
October 6, 2008 
2.6 - Hillside Protection (/H) Overlay 
Chapter 2.6 - Hillside Protection (/H) Overlay 
Sections: 
2.6.100 Purpose 
2.6.110 Applicability 
2.6.120 General 
2.6.130 Reports Required 
2.6.140 Development Density Options 
2.6.150 Building Location and Design Standards 
2.6.160 Re-vegetation Standards - Slopes Greater Than 20% 
2.6.170 Grading, Cut and Fill Standards 
2.6.180 Grading and Erosion Control 
2.6.190 Storm Drainage 
2.6.200 Street Standards 
2.6.210 Driveway Standards 
2.6.220 Tree Conservation, Protection and Removal 
2.6.230 Modification of Standards 
2.6.240 Variance from Hillside Lands Development Standards 
2.6.100 Purpose 
The intent of the Hillside Development overlay standards is to provide for supplementary 
regulations to underlying zoning district to ensure that development occurs in such a manner as 
to protect the natural and topographic character and identity of these areas, environmental 
resources, the aesthetic qualities and restorative value of lands, and the public health, safety, and 
general welfare of the citizens of Silverton by ensuring that development does not create soil 
erosion, sedimentation of lower slopes, slide damage, flooding problems, and severe cutting or 
scarring. It is the intent of these development standards to encourage a sensitive form of 
development and to allow for a reasonable use that complements the natural and visual character 
of the city. 
2.6.110 Applicability 
The Hillside Development standards apply to all areas that have an average slope of twelve 
percent (12%) or greater. Notwithstanding any provisions of the Development Code to the 
contrary, Hillside Lots in subdivisions and partitions receiving tentative approval on or after the 
effective date of this ordinance shall comply with the standards set forth in this article. Hillside 
Lots in other areas may, at the option of the developer or owner, meet such standards in lieu of 
those specified elsewhere in the Development Code. A topographical survey of the lot shall be 
furnished by any person wishing to meet the standards of this article. For development of any lot 
in a subdivision or partitioning receiving tentative plan approval after the effective date of this 
ordinance, the Community Development Director or Building Official may require a topographic 
survey showing two-foot intervals wherever there is a question as to whether the lot is a hillside 
lot. 
City of Silverton 
Zoning and Development Code 
2-112 City Council Approved 
October 6, 2008 
2.6 - Hillside Protection (/H) Overlay 
2.6.120 General 
All development proposed within the Hillside Development overlay district is required to 
provide for the preservation and, if possible, enhancement of the site's natural features during all 
phases of the design and development process. This includes consideration of soils, vegetation, 
hydrology, wildlife habitat, views and visual orientation, both from the site and to the site, and 
unusual or unique natural features. 
2.6.130 Reports Required 
When land to be developed exceeds twelve percent (12%) average slope, a geotechnical study 
prepared by a Geotechnical Engineer and Certified Engineering Geologist indicating that the site 
is stable for the proposed use and development shall be submitted with the partition or 
subdivision application. The study shall include the following information: 
A. Index Map 
B. Project description to include location, topography, drainage, vegetation, discussion of 
previous work and discussion of field exploration methods. 
C. A scale-drawing site plan of the property, showing all natural physical features, topography 
at two-foot contour intervals, steepness of slopes, location of all test excavations or borings, 
watercourses both perennial and intermittent, ravines and all existing and manmade structure 
or features all fully dimensioned, trees 6-inch caliper or greater measured four feet from 
ground level, rock outcroppings and drainage facilities. 
D. Site geology, based on a surficial survey, to include site geologic maps, description of 
bedrock and surficial materials, including artificial fill, locations of any faults, folds, etc., and 
structural data including bedding, jointing and shear zones, soil depth and soil structure. 
E. Discussion of any off-site geologic conditions that may pose a potential hazard to the site, or 
that may be affected by on-site development. 
F. Suitability of site for proposed development from a geologic standpoint. 
G. Specific recommendations for cut and fill slope stability, seepage and drainage control or 
other design criteria to mitigate geologic hazards. 
H. If deemed necessary by the engineer or geologist to establish whether an area to be affected 
by the proposed development is stable, additional studies and supportive data shall include 
cross-sections showing subsurface structure, graphic logs with subsurface exploration, results 
of laboratory test and references. 
I. A scale-drawing grading plan, including all of the features and detail required for the site 
plan listed in C above, but reflecting preliminary finished grades and indicating in cubic 
yards whether and to what extent there will be a net increase or loss of soil. 
J. Signature and registration number of the engineer and/or geologist. 
K. Additional information or analyses as necessary to evaluate the site. 
L. Inspection schedule for the project. 
City of Silverton 
Zoning and Development Code 
2-113 City Council Approved 
October 6, 2008 
2.6 - Hillside Protection (/H) Overlay 
2.6.140 Development Density Options 
The developer has two options for the development of steeply sloped land. The first option, 
Option "A", is designed to correlate minimum lot sizes to the average slope of the development 
area. The second option, Option "B", is designed to allow, through a Planned Development, a 
density transfer bonus to stimulate development on those portions of the development area where 
the slope of the land is less than 12 percent. A combination of Options "A" and "B" may be used 
through a Planned Development. 
Option "A" Average Slope - Minimum Lot Size 
In slope areas of 12-14.9% slope, the minimum lot areas shall be 10,000 square feet. In slope 
areas of 15-24.9%, the minimum lot size shall be 12,000 sq. ft. In slope areas of 25-29.9% slope, 
the minimum lot size shall be 15,000 square feet and for areas of slope between 30-34% the 
minimum lot size shall be 20,000 square feet. All hillside lots created by following Option "A" 
shall meet the lot area and dimension standards of Table 2.6.140 
Areas with average slopes of greater than thirty-four (34%) prior to grading shall not be 
subdivided or partitioned further unless the area being divided is included in addition to the 
square footage required for building envelopes. However, open space, greenways and 
recreational trails may be developed in these areas. For those lots of record which have an 
average slope of greater than 34 percent and have no area less than 34 percent slope, the 
maximum residential development shall be one dwelling unit per lot of record. When density 
transferred from areas in excess of 34% slope, density transfers shall be allowed at a rate of one 
dwelling unit per acre. 
Table 2.6.140 
Average Slope Minimum Lot Size Minimum Lot Minimum 
Per Dwelling Unit Frontage Lot Depth 
12 - 14.9% 10,000 Sq. Ft. 80 Feet 100 feet 
15 - 24.9% 12,000 Sq. Ft. 85 Feet 100 feet 
25 - 29.9% 15,000 Sq. Ft. 90 Feet 100 feet 
30 - 34% 20,000 Sq. Ft. 100 Feet 100 feet 
Option "B" Planned Development Density Transfer Bonus 
In order to promote the preservation of natural slopes greater than 12 percent, development 
density transfer is encouraged when dividing land. The density transfer is only feasible where 
there are sizable portions of the development area which have slopes less than 12 percent 
through a Planned Development process per Section 4.5. Determination of the density transfer 
bonus is a 3 step process: 
City of Silverton 
Zoning and Development Code 
2-114 City Council Approved 
October 6, 2008 
2.6 - Hillside Protection (/H) Overlay 
1. Determine the area of the parcel where the average slope of the land is: 
a. Less than 12 %. 
b. From 12-14.9 % 
c. From 15-24.9 % 
d. From 25-29.9 % 
e. From 30-34 % 
f. In excess of 34 % 
2. Determine the number of potential lots for the total development area which could have 
been permitted for the portion of the parcel where the average slope is greater than 12 
percent, if the average slope option had been considered by using Table 2.6.140. 
Fractions shall be rounded to the nearest whole number. 
3. Multiply the number of potential lots by 1.2 to determine the density that may be 
transferred to those sections of the development area where the slopes are less than 12 
percent. Development shall occur in conformance with the provisions of the Planned 
Development process found in Chapter 4.5. Land of greater than 12 percent average 
slope subject to density transfer provisions shall be maintained as permanent open space 
or dedicated for park use. The findings and recommendations of the report required in 
section 2.6.130 shall be considered and utilized during the development process. 
2.6.150 Building Location and Design Standards 
All buildings and buildable areas proposed for Hillside Lands shall be designed and constructed 
in compliance with the following standards: 
A. Building Envelopes. All newly created lots, either by subdivision or partition or property 
line adjustment, shall contain building envelopes conforming to the following standards: 
1. The building envelopes shall contain a buildable area with a slope of 34% or less unless 
the division or lot line adjustment is for open space or conservation purposes. 
2. Building envelopes and lot design shall address the retention of the following percentage 
of the lot in landscaping or in a natural state: 
Average Minimum Lot Maximum Lot 
Slope Size Per Coverage 
Dwelling Unit (Impervious Surface) 
12 - 14.9% 10,000 Sq. Ft. 35 % 
15 - 24.9% 12,000 Sq. Ft. 35 % 
25 - 29.9% 15,000 Sq. Ft. 30 % 
30- 34% 20,000 Sq. Ft. 25 % 
3. Building envelopes shall be designed and located to maximize tree conservation while 
recognizing and following the standards for fuel reduction if the development is located 
in Wildfire Lands. 
City of Silverton 
Zoning and Development Code 
2-115 City Council Approved 
October 6, 2008 
2.6 - Hillside Protection (/H) Overlay 
4. Building envelope locations shall be located to avoid ridgeline exposures, and designed 
such that the roofline of a building within the envelope does not project above the 
ridgeline. 
B. Building Setbacks. Setbacks shall be the horizontal distance from the property line to the 
nearest vertical wall. Site plans and building elevations submitted for Building Permits shall 
include the topography of the site at 2-foot intervals and building elevations in relation to the 
existing and proposed finished grade. 
Minimum Setback Downhill Lot Uphill Lot 
Living Adjacent to a Street 20 feet. 20 feet 
Minimum Setback Downhill Lot Uphill Lot 
Garage 20 feet 20 feet 
Side 15 feet 15 feet 
Rear 30 feet 30 feet 
C. Building Design. To reduce hillside disturbance through the use of slope responsive design 
techniques, buildings on Hillside Lands shall incorporate the following into the building 
design and indicate features on required building permits: 
1. Hillside Building Height. The building height shall be determined by the vertical 
distance from the lowest grade plane to the average height of the highest roof surface. In 
no case will the height of the structure exceed thirty-five (35) feet. 
2. Fire Suppression. All buildings served by streets or roadways in excess of 10% grade 
shall have a fire suppression system installed. 
3. Building Plans. All structures on hillside lands in excess of 14% shall be designed by an 
Engineer or Architect. Foundations shall be designed in accordance with a site specific 
Geotechnical report. 
2.6.160 Re-vegetation Standards - Slopes Greater Than 20% 
Exposed soil which is not under continuous construction must be re-vegetated with temporary or 
permanent vegetation so that the soil is not left exposed for more than 60 days. Within 6 months 
of issuance of a Certificate of Occupancy, vegetation must be reestablished. If irrigation is not 
provided, then the exposed soil must be planted with species which can survive without 
irrigation. Vegetative cover or any alternative cover (rock, masonry, etc.) must be maintained in 
perpetuity. 
City of Silverton 
Zoning and Development Code 
2-116 City Council Approved 
October 6, 2008 
2.6 - Hillside Protection (/H) Overlay 
2.6.170 Grading, Cut and Fill Standards 
All cut and fill slopes must not exceed a two (horizontal) to one (vertical) ratio. Slopes which are 
steeper (i.e. 1:1-1/2 or 1:1) may be conditionally approved by the Public Works Director upon 
certification, by a qualified soils engineer or geologist, that the slope will remain stable under 
foreseeable conditions. The certification must delineate any specific stabilization measures 
deemed necessary by the soils engineer or geologist. As a condition of approval, a designated 
state certified person on the grading crew shall be employed by the developer to determine soil 
stability on all cut and fill slopes and take appropriate measure where unstable soils are 
encountered. 
2.6.180 Grading and Erosion Control 
All development on lands classified as Hillside Lands shall be required to conform to the 
following items: 
A. Plans. All grading, retaining wall design, drainage, and erosion control plans for 
development on Hillside Lands shall be designed by a geotechnical expert. All cuts, grading 
or fills shall conform to the most current State Structural Code. Erosion control measures on 
the development site shall be required to minimize the solids in runoff from disturbed areas. 
Temporary erosion control measures shall be taken throughout the course of development 
and construction, and permanent measures shall be taken thereafter to prevent erosion from 
foreseeable sources. 
B. Time Period. For development other than single family homes on individual lots, all 
grading, drainage improvements, or other land disturbances shall only occur from May 1 to 
October 31. Excavation shall not occur during the remaining wet months of the year. 
Erosion control measures shall be installed and functional by October 31. Up to a 30-day 
modification to the October 31 date, and 45-day modification to the May 1 date may be made 
by the Community Development Director, based upon weather conditions and in consultation 
with the project geotechnical expert. The modification of dates shall be the minimum 
necessary, based upon evidence provided by the applicant, to accomplish the necessary 
project goals. 
C. Grading - Cuts. All cut slopes on areas classified as Hillside Lands shall be designed by a 
registered structural engineer and the following standards shall apply: 
1. Cut slope angles shall be determined in relationship to the type of materials of which they 
are composed. Where the soil permits, limit the total area exposed to precipitation and 
erosion. Steep cut slopes shall be retained with stacked rock, retaining walls, or 
functional equivalent to control erosion and provide slope stability when necessary. 
Where cut slopes are to be laid back (1:1 or less steep), the slope shall be protected with 
erosion control netting or structural equivalent installed per manufacturers specifications, 
and re-vegetated. 
City of Silverton 
Zoning and Development Code 
2-117 City Council Approved 
October 6, 2008 
2.6 - Hillside Protection (/H) Overlay 
2. Exposed cut slopes, such as those for streets, driveways accesses, or yard areas, greater 
than seven (7) feet shall be terraced. Cut faces on a terraced section shall not exceed a 
maximum height of four (4) feet or five (5) feet if Building Permits are obtained. Terrace 
widths shall be a minimum of three (3) feet to allow for the introduction of vegetation for 
erosion control. Total cut slopes shall not exceed a maximum vertical height of fifteen 
(15) feet. 
a. The top of cut slopes not utilizing structural retaining walls shall be located a 
minimum setback of one-half the height of the cut slope from the nearest property 
line. 
b. Cut slopes for structure foundations encouraging the reduction of effective visual 
bulk, such as split pad or stepped footings shall be exempted from the height 
limitations of Section 2.6.180.D.1. 
3. Re-vegetation of cut slope terraces shall include the provision of a planting plan, 
introduction of top soil where necessary, and the use of irrigation if necessary. The 
vegetation used for these areas shall be native or species similar in resource value which 
will survive, help reduce the visual impact of the cut slope, and assist in providing long 
term slope stabilization. Trees, bush-type plantings and cascading vine-type planting 
may be appropriate. On slopes likely to be extensively disturbed by later construction, an 
interim ground cover shall be planted or other suitable temporary measures taken, to be 
supplemented by the permanent ground cover or shrubs and trees when the site is finally 
developed and landscaped. 
D. Grading - Fills. On all fill slopes on lands classified as Hillside Lands, the following 
standards shall apply: 
1. Fill slopes shall not exceed a total vertical height of 15 feet. The toe of the fill slope area 
shall be a minimum of six feet from the nearest property line. 
2. Fill slopes shall be protected with an erosion control netting, blanket or functional 
equivalent. Netting or blankets shall only be used in conjunction with an organic mulch 
such as straw or wood fiber. The blanket shall be applied so that it is in complete contact 
with the soil so that erosion does not occur beneath it. Erosion netting or blankets shall 
be securely anchored to the slope in accordance with manufacturer's recommendation. 
3. Utilities. Whenever possible, utilities shall not be located or installed on or in fill slopes. 
When determined that it is necessary to install utilities on fill slopes, all plans shall be 
designed by a geotechnical expert. 
4. Re-vegetation of fill slopes shall utilize native vegetation or vegetation similar in 
resource value and which will survive and stabilize the surface. Irrigation may be 
provided to ensure growth if necessary. Evidence shall be required indicating long-term 
viability of the proposed vegetation for the purposes of erosion control on disturbed 
areas. 
City of Silverton 
Zoning and Development Code 
2-118 City Council Approved 
October 6, 2008 
2.6 - Hillside Protection (/H) Overlay 
E. Re-vegetation Requirements. Where required, all re-vegetation of cut and fill slopes shall 
be installed prior to the issuance of a certificate of occupancy, signature of a required survey 
plat, or other time as determined by the hearing authority. Vegetation shall be installed in 
such a manner as to be substantially established within one year of installation. If such 
measures are considered ineffective, the Director of Public Works or his designee shall 
prescribe alternative measures to control erosion. Upon the failure of the person responsible 
to institute such measures within 30 days of notice to do so, the Director of Public Works 
shall obtain competitive bids and let a contract in the name of the City of Silverton for the 
performance of such work. All costs incurred thereby shall become a lien against the 
property to be assessed, collected, and enforced as provided for dangerous buildings in 
Section 15.08.360 of the Silverton Municipal Code. 
F. Maintenance, Security, and Penalties for Erosion Control Measures 
1. Maintenance. All measures installed for the purposes of long-term erosion control, 
including but not limited to vegetative cover, rock walls, and landscaping, shall be 
maintained in perpetuity on all areas which have been disturbed, including public rights-
of way. The developer or subdivider shall record covenants for the property to ensure the 
on-going maintenance of erosion control measures. 
2. Security and Penalties. Except for individual lots existing prior to December 1, 2005, 
after an Erosion Control Plan is approved by the hearing authority and prior to 
construction, the applicant shall provide a performance bond or other financial guarantees 
in the amount of 120% of the value of the erosion control measures necessary to stabilize 
the site. Any financial guarantee instrument proposed other than a performance bond 
shall be approved by the City Attorney. The financial guarantee instrument shall be in 
effect for a period of at least one year, and shall be released when the Community 
Development Director and Public Works Director determine, jointly, that the site has 
been stabilized. All or a portion of the security retained by the City may be withheld for 
a period up to five years beyond the one year maintenance period if it has been 
determined by the City that the site has not been sufficiently stabilized against erosion. 
G. Site Grading. The grading of a site on Hillside Lands shall be reviewed considering the 
following factors: 
1. Hazardous or unstable portions of the site shall be avoided. 
2. Existing natural drainage systems shall be utilized, as much as possible, in their natural 
state, recognizing the erosion potential from increased storm drainage. 
3. Flow-retarding devices, such as detention ponds and recharge berms, shall be used where 
practical to minimize increases in runoff volume and peak flow rates due to development. 
The needs for an emergency overflow system to safely carry any overflow water to an 
acceptable disposal point shall be considered for each facility. 
City of Silverton 
Zoning and Development Code 
2-119 City Council Approved 
October 6, 2008 
2.6 - Hillside Protection (/H) Overlay 
4. Storm water facilities shall be designed, constructed and maintained in a manner that will 
avoid erosion on-site and to adjacent and downstream properties. 
5. Alternative storm water systems, such as dry well systems, detention ponds, and leach 
fields, shall be designed by a registered engineer or geotechnical expert and approved by 
the City's Public Works Director or Building Official. 
2.6.190 Storm Drainage 
In all slope areas, impervious surface drainage from roofs, driveways, and parking areas must be 
directed to a City storm drain or other City-approved drainage system. Development activities 
must not block the flow of storm water in natural drainageways without prior approval of an 
alternative solution by the Public Works Director. With application for tentative plan approval 
for a subdivision or partition, the applicant shall submit a conceptual plan for stormwater control. 
The plans shall include, but are not limited to the following items as appropriate: location of 
curbs, gutters, inlets, catch basins, detention facilities and stabilized outfalls. Prior to the signing 
of the final plat, the applicant shall submit a permanent and complete stormwater control plan. 
2.6.200 Street Standards 
A. Where practical, streets must be contoured to hillside areas in order to minimize 
environmental and scenic disruption. Street grades shall generally be 10% or less. Street 
grades of up to 12% may be permitted for a distance of no more than 300 feet only where 
topographical conditions make it impractical to meet the 10% standard. No intersections are 
permitted where street grades exceed 10%. Street grades over 12% will require Variance 
approval by the approval authority. In no case shall a street grade exceed 15% for any 
distance. Street rights-of-way may be 40 feet in width with a minimum 28-foot wide curb to 
curb improvement, with a 5-foot (5') wide curbline sidewalk on one side and ten-foot (10') 
wide utility easements on both sides. The area within the utility easement shall be graded to 
meet the requirements of the private utilities. 
B. A minimum three-foot (3') wide level shoulder shall be provided adjacent to all exposed 
public improvements such as sidewalks and streets in areas classified as Hillside Lands. 
C. All constructed cut or fill slopes adjacent to street or sidewalks improvements must be 
entirely within slope easements, given to the City of Silverton, and shall be shown as such on 
both preliminary and final subdivision plats in areas classified as Hillside Lands. All 
retaining walls, other improvements, including landscaping, with the slope easement area 
shall in all cases be the property owner's responsibility to maintain or replace. 
D. Retaining walls necessary for public street improvements in areas classified as Hillside Lands 
and on public rights-of-way shall be designed and constructed as per the City's standard 
specifications. The developer shall be required to reimburse the City for an independent 
geotechnical/structural design review by a qualified engineer, selected by the City on all 
walls over five (5) feet in height. 
City of Silverton 
Zoning and Development Code 
2-120 City Council Approved 
October 6, 2008 
2.6 - Hillside Protection (/H) Overlay 
2.6.210 Driveway Standards 
The maximum difference in elevation between the curbline and finished floor level of the garage 
or carport for driveways serving individual hillside lots shall be on a slope of 15% or less. The 
Building Official may permit a difference in elevation not exceeding a 20% slope provided that 
there is no slope exceeding 25% between any two points in the driveway, and that adequate 
vertical curves or ramps are used in the driveway to assure usability by a standard size American 
automobile. A driveway serving a residence located more than 50 feet from the public road shall 
conform to the following standards which are necessary for adequate access for emergency 
vehicles: 
A. Be improved with an all weather surface with a minimum width of 12 feet with 4 feet of 
unobstructed clearance on both sides. The unobstructed clearance areas may consist of 4-
foot graveled shoulders on both sides. 
B. Have a maximum grade of twelve percent (12%) for no more than three hundred (300) feet; 
and 
C. Driveways 150 feet in length or more shall be provided with a vehicle turn-around meeting 
the approval of the Silverton Fire District. 
D. Provide adequate sight-distance at the intersection with a public street. 
2.6.220 Tree Conservation, Protection and Removal 
All development on Hillside Lands shall conform to the following requirements: 
A. Inventory of Existing Trees. A tree survey at the same scale as the project site plan shall be 
prepared, which locates all trees greater than six (6) inches in caliper measured at four (4) 
feet above ground level (d.b.h.), identified by d.b.h., species, and approximate extent of tree 
canopy. In addition, for areas proposed to be disturbed, the existing tree base elevations shall 
be provided. Dead or diseased trees shall be identified. Groups of trees in close proximity 
[i.e. those within five (5) feet of each other] may be designated as a clump of trees, with the 
predominant species, estimated number and average diameter indicated. All tree surveys 
shall have a location accuracy of plus or minus two feet. The name, signature, and address of 
the site surveyor responsible for the accuracy of the survey shall be provided on the tree 
survey. Portions of the lot or project area not proposed to be disturbed by development need 
not be included in the inventory. 
B. Evaluations of Suitability for Conservation. All trees indicated on the inventory of 
existing trees shall also be identified as to their suitability for conservation. When required 
by the hearing authority, the evaluation shall be conducted by a landscape professional. 
Factors included in this determination shall include: 
1. Tree Health. Healthy trees can better withstand the rigors of development than non-
vigorous trees. 
City of Silverton 
Zoning and Development Code 
2-121 City Council Approved 
October 6, 2008 
2.6 - Hillside Protection (/H) Overlay 
2. Tree Structure. Trees with severe decay or substantial defects are more likely to result 
in damage to people and property. 
3. Species. Species vary in their ability to tolerate impacts and damage to their 
environment. 
4. Potential Longevity. 
5. Variety. A variety of native tree species and ages. 
6. Size. Large trees provide a greater protection for erosion and shade than smaller trees. 
C. Tree Conservation in Project Design. Significant trees (twenty-four inch (24") caliper or 
greater conifers measured at four (4) feet above ground level and twelve-inch (12") caliper or 
greater broadleaf measured at four (4) feet above ground level) shall be protected and 
incorporated into the project design whenever possible. 
1. Streets, driveways, buildings, utilities, parking areas, and other site disturbances shall be 
located such that the maximum number of existing trees on the site are preserved, while 
recognizing and following the standards for fuel reduction if the development is located 
in Wildfire Lands. 
2. Building envelopes shall be located and sized to preserve the maximum number of trees 
on site while recognizing and following the standards for fuel reduction if the 
development is located in Wildfire Lands. 
3. Layout of the project site utility and grading plan shall avoid disturbance of tree protection 
areas. 
4. Trees shall be retained in significantly large areas and dense stands so as to ensure 
against windthrow. 
5. Wooded areas associated with natural drainageways and water areas will be maintained 
to preserve riparian habitat and minimize erosion. The wooded area to be retained shall 
be at least ten (10) feet in width or as recommended by the landscape professional. 
6. Wooded areas along ridges and hilltops will be retained for their scenic and wildlife 
value. 
D. Tree Protection. On all properties where trees are required to be preserved during the 
course of development, the developer shall follow the following tree protection standards: 
1. All trees designated for conservation shall be clearly marked on the project site plan. 
Prior to the start of any clearing, stripping, stockpiling, trenching, grading, compaction, 
paving or change in ground elevation, the applicant shall install fencing at the drip line of 
all trees to be preserved adjacent to or in the area to be altered. Temporary fencing shall 
be established at the perimeter of the dripline. Prior to grading or issuance of any 
City of Silverton 
Zoning and Development Code 
2-122 City Council Approved 
October 6, 2008 
2.6 - Hillside Protection (/H) Overlay 
permits, the fences may be inspected and their location approved by the Community 
Development Department. 
2. Construction site activities, including but not limited to parking, material storage, soil 
compaction and concrete washout, shall be arranged so as to prevent disturbances within 
tree protection areas. 
3. No grading, stripping, compaction, or significant change in ground elevation shall be 
permitted within the drip line of trees designated for conservation unless indicated on the 
grading plans, as approved by the City, and landscape professional. If grading or 
construction is approved within the dripline, a licensed landscape professional may be 
required to be present during grading operations, and shall have authority to require 
protective measures to protect the roots. 
4. Changes in soil hydrology and site drainage within tree protection areas shall be 
minimized. Excessive site run-off shall be directed to appropriate storm drain facilities 
and away from trees designated for conservation. 
5. Should encroachment into a tree protection area occur which causes irreparable damage 
to trees, as determined by a licensed landscape professional, the project plan shall be 
revised to compensate for the loss. Under no circumstances shall the developer be 
relieved of responsibility for compliance with the provisions of this article. 
E. Tree Removal. Development shall be designed to preserve the maximum number of trees 
on a site. The development shall follow the standards for fuel reduction if the development is 
located in Wildfire Lands. When justified by Findings of Fact, the hearing authority may 
approve the removal of trees for one or more of the following conditions: 
1. The tree is located within the building envelope. 
2. The tree is located within a proposed street, driveway, or parking area. 
3. The tree is located within a water, sewer, or other public utility easement. 
4. The tree is determined by a licensed landscape professional to be dead or diseased, or it 
constitutes an unacceptable hazard to life or property when evaluated by a licensed 
landscape professional. 
5. The tree is located within or adjacent to areas of cuts or fills that are deemed threatening 
to the life of the tree, as determined by a licensed landscape professional. 
F. Tree Replacement. Trees approved for removal, with the exception of trees removed 
because they were determined to be diseased, dead, or a hazard, shall be replaced in 
compliance with the following standards: 
1. Replacement trees shall be indicated on a tree replanting plan. The replanting plan shall 
include all locations for replacement trees, and shall also indicate tree planting details. 
City of Silverton 
Zoning and Development Code 
2-123 City Council Approved 
October 6, 2008 
2.6 - Hillside Protection (/H) Overlay 
2. Replacement trees shall be planted such that the trees will in time result in canopy equal 
to or greater than the tree canopy present prior to development of the property. The 
canopy shall be designed to mitigate the impact of paved and developed areas, reduce 
surface erosion and increase slope stability. Replacement tree locations shall consider 
impact on the wildfire prevention and control plan. The hearing authority shall have the 
discretion to adjust the proposed replacement tree canopy based upon site-specific 
evidence and testimony. 
3. Maintenance of replacement trees shall be the responsibility of the property owner. 
Required replacement trees shall be continuously maintained in a healthy manner. Trees 
that die within the first five years after initial planting shall be replaced in kind, after 
which a new five year replacement period shall begin. Replanting must occur within 30 
days of notification unless otherwise noted. 
G. Enforcement. 
1. All tree removal shall be done in accordance with the approved tree removal and 
replacement plan. No trees designated for conservation shall be removed without prior 
approval of the City of Silverton. 
2. Should the developer or developer's agent remove or destroy any tree that has been 
designated for conservation, the developer may be fined up to three times the current 
appraised value of the replacement trees and cost of replacement or up to three times the 
current market value, as established by a professional arborist, whichever is greater. 
3. Should the developer or developer's agent damage any tree that has been designated for 
protection and conservation, the developer shall be penalized as prescribed in Section 
1.08 of the Silverton Municipal Code. If necessary, a professional arborist's report, 
prepared at the developer's expense, may be required to determine the extent of the 
damage. Should the damage result in loss of appraised value greater than determined 
above, the higher of the two values will be used. 
2.6.230 Modification of Standards 
If the review body determines that the applicant's plan adequately implements the policies of the 
Comprehensive Plan, the review body may modify the standards of this Code as they apply to 
the entire proposed development, within the following limitations: 
A. Front, side and rear yards may be reduced (when in conformance with the Fire and Building 
Safety Codes); provided, however, where attached dwellings are proposed there shall not be 
more than 5 dwelling units in any group. 
B. The reduction of public right-of-way, pavement width, and/or requirements for the 
installation of sidewalk as specified in Article 3.4, Public Facilities, may be made if 
provisions are made to provide off-street parking in addition to that required in other portions 
of this Code. Any reduction of these minimum street and sidewalk standards must be 
approved by the Public Works Director. The additional parking requirements are as follows: 
City of Silverton 
Zoning and Development Code 
2-124 City Council Approved 
October 6, 2008 
2.6 - Hillside Protection (/H) Overlay 
1. Detached Dwelling Units: 2 additional off-street parking spaces. 
2. Attached Dwelling Units: One-half additional off-street parking space for each bedroom 
more than one in each unit. In cases where a one-half space occurs in a total figure, the 
standard shall be increased to the next whole figure. 
2.6.240 Variance from Hillside Lands Development Standards 
In addition to the Variance review criteria listed in Section 5.1, the following review criteria 
must also be met: 
A. The variance is consistent with the stated purpose and intent of the physical and 
environmental constraints of the Hillside Development provisions. 
B. The amount of deviation from standards is the least amount necessary in order to provide a 
practical solution to the environmental constraints of the Hillside area. 
C. The variance provides for an improvement in design or other characteristic than would result 
from complying with the established Hillside regulations. 
City of Silverton 
Zoning and Development Code 
2-125 City Council Approved 
October 6, 2008 
2.7 - Wetlands and Riparian (/WP) Overlay 
Chapter 2.7 - Wetlands and Riparian (/WP) Overlay 
Sections: 
2.7.110 Wetland - Purpose 
2.7.120 Applicability 
2.7.130 Restrictions on Development Within Wetlands 
2.7.140 Floodplain District and Wetlands Density Calculation 
2.7.150 Riparian-Purpose 
2.7.160 Definitions 
2.7.170 Riparian Corridor, Applicability 
2.7.180 Riparian Corridor, Location 
2.7.190 Permitted Activities within Riparian Corridors 
2.7.200 Conditional Uses within Riparian Corridors 
2.7.210 Prohibited Activities within Riparian Corridors 
2.7.220 Riparian Corridors, Reduction or Deviation 
2.7.230 Conservation and Maintenance of Riparian Corridors 
2.7.110 Wetland - Purpose 
The Wetlands overlay district is intended to ensure that wetland sites within the City, are 
developed with all due sensitivity for the vital role these areas play in the environment. 
2.7.120 Applicability 
The wetland area regulations apply to those areas meeting Division of State Lands criteria for 
wetland classification. Precise wetland boundaries may vary from that shown on the 
Comprehensive Plan Map exhibit if on-site inspection and delineation by a recognized authority 
and/or other City approved documentation indicate more accurate boundaries. Those more 
precise boundaries can be identified, mapped, and used for review and development without a 
change in the Comprehensive Plan Wetlands Map exhibit. All developments proposed within a 
designated wetland area shall be subject to the provisions of Conditional Use Review and the 
wetland area regulations. If the development area is within the floodplain district, then the 
floodplain district regulations of 2.5.100 to 2.5.270 shall also apply. 
2.7.130 Restrictions on Development Within Wetlands 
No development shall result in the elimination of a wetland area, result in eventual elimination of 
wetland characteristics, or be located totally within a wetland area without acquiring permit 
approval from federal and state regulatory agencies and the City of Silverton and, where 
necessary, amending the open space plan and zoning designation. Development may not infringe 
upon any designated wetland unless the review authority finds the following criteria have been 
met: 
A. The development cannot be located outside the wetland area, or the wetland is proposed to be 
reconfigured such that the proposed total area is at least equal in size and quality to the 
City of Silverton 
Zoning and Development Code 
2-126 City Council Approved 
October 6, 2008 
2.7 - Wetlands and Riparian (/WP) Overlay 
wetland area existing prior to the proposed development. If the wetland area has not been 
substantially relocated, it is not necessary to remove the Open Space designation for such a 
modification. 
B. The encroachment within the wetlands is the minimum required to complete the 
development. 
C. Any encroachment or change in drainage which would adversely impact favorable wetland 
characteristics in the short- or long-term has been mitigated. 
D. Development review is coordinated with the Division of State Lands and any other 
applicable agencies and other required permits have been obtained. 
E. The applicable floodway or floodplain requirements of 2.5.100 - 2.5.270 have been met. 
F. The open space, vegetation, and wildlife protection policies of the Comprehensive Plan have 
been addressed. 
2.7.140 Floodplain District and Wetlands Density Calculation 
Residential lands located in a Floodplain District or Wetland area shall not be used in calculating 
total project density except as follows: 
A. Land which has been approved for development features (structures, roads, required yard 
areas, etc.) under the provisions of Section 2.5.190 or 2.7.130. 
B. In Planned Developments, land in a flood fringe or wetland area shall be calculated at 50% of 
the allowed density provided that the additional units can be incorporated harmoniously into 
the Planned Development and without adverse impacts on adjoining projects and provided 
further that the floodplain lands and wetlands can be effectively utilized within the Planned 
Development or dedicated for public use. 
2.7.150 Riparian - Purpose 
A. The purposed of establishing a riparian corridor is to protect and restore Silver Creek and its 
associated riparian areas, and any other waterway specified in the Silverton Comprehensive 
Plan as having riparian areas determined to be significant, thereby protecting and restoring 
the hydrologic, ecologic, and land conservation functions these areas provide for the 
community. 
B. To protect fish and wildlife habitat, enhance water quality, control erosion and 
sedimentation, and reduce the effects of flooding. 
C. To protect and restore the natural beauty and distinctive character of Silver Creek as a 
community asset. 
City of Silverton 
Zoning and Development Code 
2-127 City Council Approved 
October 6, 2008 
2.7 - Wetlands and Riparian (/WP) Overlay 
D. To enhance coordination among local, state, and federal agencies regarding development 
activities near waterways. 
2.7.160 Definitions 
The following definitions shall apply to Section 2.7.150 to 2.7.230: 
Fish-bearing Stream: A stream inhabited at any time of the year by anadromous or game fish 
species, or fish that are listed as threatened or endangered species under the federal or state 
Endangered Species Act. 
Riparian Area: Lands adjacent to rivers, streams, lakes, ponds, and other water bodies. They 
are transitional between aquatic and upland zones, and as such, contain elements of both aquatic 
and terrestrial ecosystems. They have high water tables because of their close proximity to 
aquatic systems, soils that are usually made up largely of water-carried sediments, and some 
vegetation that requires free (unbound) water or conditions that are more moist than normal. 
Riparian Vegetation: Native ground cover, shrubs, trees, and other vegetation predominately 
influenced by their association with water. 
Top-of-bank: The first major change in the slope of the incline from the ordinary high water 
level of a water body. A major change is a change of ten degrees or more. If there is no major 
change within a distance of 50 feet from the ordinary high water level, then the top of bank will 
be the elevation 2 feet above the ordinary high water level. 
2.7.170 Riparian Corridor, Applicability 
A. The provisions of Section 2.7.150 through 2.7.230 "Riparian Corridor," shall be applied to 
Silver Creek and any other waterway specified in the Silverton Comprehensive Plan as 
having riparian areas determined to be significant. The provisions shall apply regardless of 
whether or not a building permit, development permit, or plan authorization is required, and 
do not provide any exemption from state or federal regulations. When a locally significant 
wetland is located within or adjacent to a riparian corridor, the riparian corridor setback will 
be applied, and shall be measured from the boundary of the wetland. 
B. Applications for plan authorizations (except Annexations), development permits, or building 
permits, and plans for proposed public facilities on parcels containing a riparian corridor, or a 
portion thereof, shall contain a to-scale drawing that clearly delineates the top-of-bank and 
riparian corridor boundary on the entire parcel or parcels. 
C. When reviewing plan authorization or development permit applications for properties 
containing a riparian corridor, or portion thereof, the approving authority shall consider the 
purpose statements in Section 2.7.150 in determining the extent of the impact on the riparian 
corridor. 
City of Silverton 
Zoning and Development Code 
2-128 City Council Approved 
October 6, 2008 
2.7 - Wetlands and Riparian (/WP) Overlay 
D. The Planning Commission shall be the approving authority for applications for exceptions to 
the provisions herein pertaining to Riparian Corridors and said applications shall be 
processed as Type III applications in accordance with Section 4.1.400. In addition, said 
request shall be submitted to the Oregon Department of Fish and Wildlife for habitat 
mitigation recommendation pursuant to O.A.R. 635-415 "Fish and Wildlife Habitat 
Mitigation Policy." 
2.7.180 Riparian Corridor, Location 
The riparian corridor boundary shall extend 25 feet measured horizontally from the top-of-bank, 
as defined herein, or both sides of those waterways defined in 2.7.270(A) and having an average 
annual stream flow of less than 1,000 cubic feet per second (cfs), unless a request to reduce the 
setback has been approved according to Section 2.7.220. Where the top-of-bank has been 
relocated as part of an approved waterway restoration project, at the request of affected property 
owners, the riparian corridor boundary shall extend 25 feet from the original top-of-bank. 
2.7.190 Permitted Activities within Riparian Corridors 
A. Any use, sign, or structure, and the maintenance thereof, lawfully existing on the date of 
adoption of the provisions herein, is permitted within a riparian corridor. Such use, sign, or 
structure may continue at a similar level and manner as existed on the date of adoption of the 
provisions herein. The maintenance and alteration of pre-existing ornamental landscaping is 
permitted within a riparian corridor as long as no additional riparian vegetation is disturbed. 
The provisions of this section shall not be affected by any change in ownership of properties 
containing a riparian corridor. 
B. The following activities, and maintenance thereof, are permitted within a riparian corridor, 
subject to obtaining applicable permits, if any, from the Oregon Department of State Lands 
and the U.S. Army Corps of Engineers. All plans for development and/or improvements 
within a riparian corridor shall be submitted to the Oregon Department of Fish and Wildlife 
for a habitat mitigation recommendation pursuant to O.A.R. 635-415 "Fish and Wildlife 
Habitat Mitigation Policy." 
1. Waterway restoration and rehabilitation activities such as channel widening, realignment 
to add meanders, bank grading, terracing, reconstruction of road crossings, or water flow 
improvements. 
2. Restoration and enhancement of native vegetation, including the addition of canopy trees; 
cutting of trees which pose a hazard due to threat of falling if the tree is left in the 
riparian area after felling; or removal of non-native vegetation if replaced with native 
plant species at the same amount of coverage or density. 
3. Normal farm practices, other than structures, in existences at the date of adoption of the 
provisions herein, on land zoned for Farm Use. 
4. Normal flood control channel maintenance practices within a waterway, other than 
structures, necessary to maintain flow. 
City of Silverton 
Zoning and Development Code 
2-129 City Council Approved 
October 6, 2008 
2.7 - Wetlands and Riparian (/WP) Overlay 
5. Replacement of a permanent legal nonconforming structure in existence at the date of 
adoption of the provisions herein with a structure in the same location, if it does not 
disturb additional riparian area, and in accordance with the provisions of Section 5.2, 
"Non-Conforming Uses and Development." 
6. Expansion of a permanent legal nonconforming structure in existence at the date of 
adoption of the provisions herein, if the area of the expansion is not within the riparian 
corridor, and in accordance with the provisions of Section 5.3. 
7. Perimeter mowing and other cutting necessary for hazard prevention. 
C. New fencing may be permitted subject to consideration by the Community Development 
Director or his/her designee in consultation with the Director of Public Works and applicable 
state and federal agencies. An application for new fencing within a riparian corridor shall 
contain a to-scale drawing that clearly delineates the top-of-bank and riparian corridor 
boundary on the entire parcel or parcels, and shall indicate why the proposal is necessary and 
how it minimizes intrusion into the riparian corridor. 
2.7.200 Conditional Uses within Riparian Corridors 
The following activities, and maintenance thereof, are allowed within a riparian corridor if 
compatible with Section 2.7.150 and if designed to minimize intrusion. Such activities shall be 
subject to approval of a Conditional Use, which may be considered separately or in conjunction 
with another application review. The approving authority must determine that the proposal 
complies with at least one of the Conditional Use review criteria found in Section 4.4. 
Application permits, if any, from the Oregon Department of State Lands and the U.S. Army 
Corps of Engineers shall subsequently be obtained. All development and improvement plans 
shall be submitted to the Oregon Department of Fish and Wildlife for a habitat mitigation 
recommendation pursuant to O.A.R. 635-415 "Fish and Wildlife Habitat Mitigation Policy." 
A. Water-related or water-dependent uses, such as drainage facilities and irrigation pumps. 
B. Utilities or other public improvements. 
C. Streets, roads, or bridges where necessary for access or crossings. 
D. Multiuse paths, accessways, trails, picnic areas, or interpretive and educational displays and 
overlooks, including benches and outdoor furniture. 
City of Silverton 
Zoning and Development Code 
2-130 City Council Approved 
October 6, 2008 
2.7 - Wetlands and Riparian (/WP) Overlay 
2.7.210 Prohibited Activities within Riparian Corridors 
The following activities are prohibited within a riparian corridor, except as permitted in Sections 
2.7.190 and 2.7.200: 
A. Placement of new structures or impervious surfaces. 
B. Excavation, grading, fill, stream alteration or diversion, or removal of vegetation except for 
perimeter mowing for fire protection purposes. 
C. Expansion of areas of pre-existing non-native ornamental landscaping such as lawn, gardens, 
etc. 
D. Dumping, piling, or disposal of refuse, yard debris, or other material. 
2.7.220 Riparian Corridors, Reduction or Deviation 
A request to reduce or deviate from the riparian corridor boundary provisions of this Section may 
be submitted to the Community Development Director or his/her designee for consideration. A 
deviation request may be approved as long as equal or better protection of the riparian area will 
be ensured through a plan for a conservation easement, restoration, enhancement, or similar 
means. Such a plan shall be submitted to the Oregon Department of Fish and Wildlife for habitat 
mitigation recommendation pursuant to O.A.R. 635-415 "Fish and Wildlife Habitat Mitigation 
Policy." In no case shall activities prohibited in Section 2.7.210 be located any closer than 25 
feet from the top-of-bank. The Planning Commission shall be advised of the outcome of the 
deviation or reduction requests. Any decision of the Community Development Director may be 
appealed to the Planning Commission as provided in Article 4 of the Silverton Development 
Code. 
2.7.230 Conservation and Maintenance of Riparian Corridors 
When approving applications for the following: Land Divisions, Planned Developments, 
Conditional Uses, and Variances, or for development of properties containing a riparian corridor, 
or portion thereof, the approval authority shall assure long term conservation and maintenance of 
the riparian corridor through one of the following methods: 
A. The area shall be protected in perpetuity by a conservation easement recorded on deeds and 
plats prescribing the conditions and restrictions set forth in Sections 2.7.150 through 2.7.230 
and any imposed by state or federal permits; or 
B. The area shall be protected in perpetuity through ownership and maintenance by a private 
non-profit organization by conditions, covenants, and restrictions (CC&R's) prescribing the 
conditions and restrictions set forth in Sections 2.7.150 through 2.7.230 and any imposed by 
state or federal permits; or 
City of Silverton 
Zoning and Development Code 
2-131 City Council Approved 
October 6, 2008 
2.7 - Wetlands and Riparian (/WP) Overlay 
C. The area shall be transferred by deed to a willing public agency or private conservation 
organization with a recorded conservation easement prescribing the conditions and 
restrictions set forth in Sections 2.7.150 through 2.7.230 and any imposed by state or federal 
permits; or 
D. The area shall be protected through other appropriate mechanisms acceptable to the City of 
Silverton which ensures long-term protection and maintenance. 
City of Silverton 
Zoning and Development Code 
2-132 City Council Approved 
October 6, 2008 
2.8 - Public (IP) Overlay 
Chapter 2.8 - Public (/P) Overlay District 
Sections: 
2.8.110 Purpose 
2.8.120 Applicability 
2.8.130 Abandoning Use - Transfer of Ownership 
2.8.140 Changing Use 
2.8.150 Public Overlay District Standards 
2.8.110 Purpose 
The Public overlay district (/P) is intended to identify those properties that are in public, semi-
public, or governmental ownership. These properties generally contain uses that are considered 
essential public services or otherwise allow uses, services or facilities that enhance the livability 
and quality of life for the Silverton general public. These uses, facilities or services are generally 
non-commercial and/or not-for-profit. The intent of the Public (/P) overlay district is to 
recognize existing facilities, allow these sites to continue to be used to meet public needs, and 
when these facilities, uses, or sites are no longer needed, provide a system that allows for transfer 
into private ownership in accordance with established zoning. Typical types of uses that may 
occur within the Public overlay zone are: fairground; exposition center; conference center, 
overnight lodging and related uses, camp grounds, airport; public park; public playground, public 
play field; stadium; armory; auditorium; golf course; fire station, library, museum, military 
training facility; cemetery; mausoleum; school; educational institution; public school or 
institution for those with disabilities or special needs; penal institution; reformatory; detention 
and correction home, institution or school; hospital; public medical and dental clinic; municipal 
or governmental service building and use (i.e. reservoir, water tower, pump station, sewage 
treatment facility, water treatment facility, refuse transfer station or landfill, caretaker's unit 
associated with the primary use.) 
2.8.120 Applicability 
The Public overlay is applied to properties in public, semi-public, or governmental ownership. 
The overlay zone is in addition to the site's base zone. Development of site's with the (/P) 
overlay shall be consistent with the Comprehensive Plan and the Public overlay standards as 
identified below in accordance with a Type II process. 
2.8.130 Abandoning Use - Transfer of Ownership 
Whenever property within the Public Overlay (/P) is transferred to private ownership such 
transferred area shall have the Public Overlay removed and the base zoning shall be the 
applicable zoning district for the property. Future development shall be consistent with the 
provisions of the applicable base zone and other relevant sections of the development code. 
City of Silverton 2-133 City Council Approved 
Zoning and Development Code October 6, 2008 
2.8 - Public (IP) Overlay 
2.8.140 Changing Use 
Any area shown on the official zoning map that has the Public Overlay (/P) shall be developed in 
accordance with the provisions of the Public Overlay zone and in accordance with the Type II 
review procedures. 
2.8.150 Public Overlay District Standards 
A. Land Development. 
All Main Buildings Including Dwellings 
Cemeteries, 
Educational Facilities, 
and Park Districts 
Amusement, 
Recreation, Hospital, 
and Service Districts 
Maximum number of main 
buildings per lot: Not Limited Not Limited 
Minimum Lot Area: 
Dwellings-same as 
prescribed for dwellings in RM-10 District RM-10 District 
Main buildings other than 
dwellings 
The ground area of all 
buildings plus all 
required yard areas. 
The ground area of all 
buildings plus all 
required yard areas. 
Minimum lot width Not Limited Not Limited 
Maximum lot coverage 30 percent Not Limited 
Maximum height 2.5 stories or 35 feet 6 stories or 70 feet 
City of Silverton 
Zoning and Development Code 
2-134 City Council Approved 
October 6, 2008 
2.8 - Public (IP) Overlay 
B. Yards. 
1. Special Setbacks. Particular segments of arterial streets have been designated with 
special setback lines to provide better amenities along such streets. When a yard abuts 
such a street, the yard depth will be measured from the special setback line. See the 
official zoning map for the streets which have a special setback. 
Cemeteries, 
Educational Facilities, 
and Park Districts 
Amusement, Recreation, 
Hospital, and Service 
Districts 
Front yard and any yard 
adjacent to a street 20 feet 20 feet 
Side Yard: 
Dwellings same as the other 
main building RM-10 RM-10 
Main buildings other than 
dwellings 
None except when 
abutting an R-1 District, 
then same as the R-1 
District it abuts. 
None except when a 
abutting an R-1 District, 
then same as the R-1 
District it abuts. 
Rear Yard: 
First story 20 feet 20 feet 
For each additional story 
add 4 feet 4 feet 
City of Silverton 
Zoning and Development Code 
2-135 City Council Approved 
October 6, 2008 
Article 3 — Community Design Standards 
Chapters: 
3.0 Design Standards Administration 3-3 
3.0.100 Design Standards - Purpose 3-3 
3.0.200 Design Standards - Applicability 3-3 
3.1 Access and Circulation 3-4 
3.1.100 Purpose 3-4 
3.1.200 Vehicular Access and Circulation 3-4 
3.1.300 Pedestrian Access and Circulation 3-10 
3.2 Landscaping, Street Trees, Fences and Walls 3-13 
3.2.100 Purpose 3-13 
3.2.200 Landscape Conservation 3-14 
3.2.300 Landscaping 3-16 
3.2.400 Street Trees 3-23 
3.2.500 Fences and Walls 3-24 
3.3 Parking and Loading 3-26 
3.3.100 Purpose 3-26 
3.3.200 Applicability 3-26 
3.3.300 Automobile Parking Standards 3-27 
3.3.400 Bicycle Parking Standards 3-35 
3.3.500 Loading Areas 3-38 
3.4 Public Facilities 3-39 
3.4.010 Purpose and Applicability 3-39 
3.4.100 Transportation Standards 3-40 
3.4.200 Public Use Areas 3-47 
3.4.300 Sanitary Sewers, Water, Street Lights, and Fire Protection 3-48 
3.4.400 Storm Drainage and Erosion Control 3-49 
3.4.500 Sidewalks 3-50 
3.4.600 Utilities 3-53 
3.4.700 Construction Plan Approval and Assurances 3-54 
3.4.800 Installation 3-56 
3.4.900 Easements 3-56 
City of Silverton 
Zoning and Development Code 
3-1 City Council Approved 
October 6, 2008 
3.5 Historic Landmarks 3-57 
3.5.100 Purpose 3-57 
3.5.200 Historic Landmark Commission 3-57 
3.5.300 Historic Resources Inventory 3-58 
3.5.400 Designated Landmarks Register 3-58 
3.5.500 Historic Design Review 3-59 
3.5.600 Historic Relocations and Demolitions 3-62 
3.5.700 Exclusions 3-63 
3.5.800 Appeals 3-63 
City of Silverton 
Zoning and Development Code 
3-2 City Council Approved 
October 6, 2008 
3.0 - Design Standards Administration 
Chapter 3.0 - Design Standards Administration 
Sections: 
3.0.100 Design Standards - Purpose 
3.0.200 Design Standards - Applicability 
3.0.100 Design Standards - Purpose 
The following provisions describe how to apply the provisions of Article 3 and the relationship 
between Article 3 and the land use provisions in Article 2. 
3.0.200 Design Standards - Applicability 
Article 3 is applied differently based on whether a project is classified as a Major Project or a 
Minor Project. In addition to the following criteria, each chapter of Article 3 contains 
"applicability" directions. 
A. Major Project. Major projects are those that require Design Review (Chapter 4.2), 
Conditional Use review (Chapter 4.4), Land Division (Chapter 4.3), or Planned Development 
(Chapter 4.5) approval. Such projects must conform to the applicable sections of all of the 
following chapters: 
• Land Use District Standards (Article 2) 
• Access and Circulation (Chapter 3.1) 
• Landscaping, Street Trees, Fences and Walls (Chapter 3.2) 
• Parking and Loading (Chapter 3.3) 
• Public Facilities (Chapter 3.4) 
• Historic Landmarks (Chapter 3.5) 
B. Minor Project. Minor projects are small developments and land use approvals that do not 
require public improvements, and those that do not fall under the Major Project criteria, such 
as Land Use Reviews. In general, the following chapters apply. (Some individual sections 
may not apply.) 
• Land Use District Standards (Article 2) 
• Access and Circulation (Chapter 3.1) 
• Landscaping, Street Trees, Fences and Walls (Chapter 3.2) 
• Parking and Loading (Chapter 3.3) 
• Historic Landmarks (Chapter 3.5) 
C. Non-Conforming Situations. See Chapter 5.2 for provisions related to non-conforming uses 
and developments. 
City of Silverton 
Zoning and Development Code 
3-3 City Council Approved 
October 6, 2008 
3.1- Vehicle Access and Circulation 
Chapter 3.1 — Access and Circulation 
Sections: 
3.1.100 Purpose 
3.1.200 Vehicular Access and Circulation 
3.1.300 Pedestrian Access and Circulation 
3.1.100 Purpose 
The purpose of this Chapter is to ensure that developments provide safe and efficient access and 
circulation for pedestrians and vehicles. Section 3.1.200 provides standards for vehicular access 
and circulation. Section 3.1.300 provides standards for pedestrian access and circulation. 
General street improvement requirements are provided in Section 3.4.100, with more specific 
requirements provided in the City of Silverton Transportation System Plan and the City's Public 
Works Design Standards. 
3.1.200 Vehicular Access and Circulation 
A. Intent and Purpose. This Section implements the access management policies of the City of 
Silverton Transportation System Plan. The intent of this Section is to manage vehicular 
access and on-site circulation to ensure the continued operational safety, capacity and 
function of the transportation system. 
B. Applicability. Section 3.1.200 applies to vehicle access(es) and on-site circulation facilities 
in the City of Silverton. This Section applies when lots are created, consolidated, or 
modified through a land division, partition, lot line adjustment, lot consolidation, or street 
vacation; when development is subject to Land Use Review or Design Review; and when 
changes are proposed to existing regulations that will result in significant changes to acces 
and circulation. Access to a designated state or county highway is subject to the provisions of 
this Section and the requirements of the applicable roadway authority. Where regulations of 
the City conflict with those of the roadway authority the more restrictive requirements apply. 
C. Access Permit Required. Access to a public street (e.g., a new curb cut or driveway 
approach) requires an access permit. An access permit may be in the form of a letter from the 
roadway authority to the applicant, or it may be attached to a land use decision notice as a 
condition of approval. In either case, approval of an access permit shall follow the procedures 
and requirements of the applicable roadway authority, as determined through the review 
procedures in Article 4. 
D. Traffic Impact Study Requirements. The Public Works Director may require a traffic 
study prepared by a registered traffic engineer to determine access, circulation, and other 
transportation requirements in conformance with Section 4.1.900, Traffic Impact Study. 
E. Conditions of Approval. The Public Works Director or other road authority may require the 
closing or consolidation of existing curb cuts or other vehicle access points, recording of 
City of Silverton 
Zoning and Development Code 
3-4 City Council Approved 
October 6, 2008 
3.1- Vehicle Access and Circulation 
reciprocal access easements (i.e., for shared driveways), development of a frontage street, 
installation of traffic control devices, and/or other mitigation as a condition of granting an 
access permit, to ensure the safe and efficient operation of the street and highway system. 
F. Corner and Intersection Separation; Backing onto Public Streets. New and modified 
accesses shall conform to the following standards: 
1. Except as provided under subsection 4, below, the distance between street intersections or 
other street accesses shall meet the minimum spacing requirements as provided in the 
Transportation System Plan. 
2. New property access shall be subject to the design requirements of the Transportation 
System Plan and Public Works Design Standards. The Public Works Director may limit 
or require the closure and/or combination of driveway approaches, and/or impose turning 
restrictions (i.e., right in/out, right in only, or right out only), consistent with Public 
Works Design Standards or those of other roadway authorities, as applicable. 
3. Vehicular access to and from off-street parking areas shall not permit backing onto a 
public street, except as allowed through Design Review or a Planned Development 
approval. (Single-family dwellings and duplex dwellings are exempt.) 
4. The roadway authority may reduce the required separation distance of access points 
where the standard would otherwise result in a taking of private property, or conformance 
to the standard is not feasible due to existing lot dimensions, development, other physical 
features, or conflicting code requirements (e.g., driveway grade requirements, or building 
or fire code requirements). Where the roadway authority finds that reducing the 
separation distance is warranted, the total number of access points to the site shall be 
limited to the minimum necessary to provide reasonable access and shared/joint access 
may be required. 
G. Site Circulation. New developments shall be required to provide a circulation system that 
accommodates expected traffic generated from development. Pedestrian connections, 
including connections through large sites, and connections between sites (as applicable), and 
to adjacent sidewalks, must be provided and shall conform to Section 3.1.300. 
H. Joint and Cross Access - Requirements. The number of driveway and private street 
intersections with public streets shall be minimized by the use of shared driveway approaches 
for adjoining commercial, industrial and multifamily developments, and for other uses where 
they abut a collector or arterial street. When necessary for traffic safety and access 
management purposes, or to access flag lots, the City may require joint access and/or shared 
driveways in the following situations: 
1. For shared parking areas. 
2. For adjacent developments, where access onto an arterial or collector street is limited and 
access spacing standards can not otherwise be met. 
City of Silverton 
Zoning and Development Code 
3-5 City Council Approved 
October 6, 2008 
3.1- Vehicle Access and Circulation 
3. For multi-tenant developments, and developments on multiple lots or parcels. Such joint 
accesses and shared driveways shall incorporate all of the following: 
a. A continuous service drive or cross-access corridor that provides for driveway 
separation consistent with the applicable roadway authority's access management 
classification system and standards; 
b. A design speed of ten (10) miles per hour and a maximum width of twenty (20) feet, 
in addition to any parking alongside the driveway; additional driveway width or fire 
lanes may be approved when necessary to accommodate specific types of service 
vehicles, loading vehicles, or emergency service provider vehicles; 
c. Driveway stubs to property lines (for future extension), turnarounds, and other design 
features to address emergency access requirements and to make apparent that the 
abutting properties may be required with future development to connect to the cross-
access driveway. 
I. Joint and Cross Access - Reduction in Required Parking Allowed. When a shared 
driveway is provided or required as a condition of approval, the land uses adjacent to the 
shared driveway may have their minimum parking standards reduced in accordance with the 
shared parking provisions of Section 3.3.300D. 
J. Joint and Cross Access - Easement and Use and Maintenance Agreement. Pursuant to 
this Section, and concurrent with final plat recordation, property owners sharing an access 
drive must provide a joint agreement, consistent with items 1-3, below. For projects not 
involving a land division, the City may not issue Certificate(s) of Occupancy until the 
property owners have completed items 1-3. 
1. Record an easement with the deed allowing cross-access to and from other properties 
served by the joint-use driveways and cross-access or service drive; 
2. Record an agreement with the deed that remaining access rights along the roadway for 
the subject property shall be dedicated to the City and pre-existing driveways will be 
closed and eliminated after construction of the joint-use driveway; 
3. Record a joint maintenance agreement with the deed defining maintenance 
responsibilities of property owners. 
K. Access Connections and Driveway Design. All openings onto a public right-of-way 
(access connections) and driveways shall conform to all of the following design standards: 
1. Driveway Approaches. Driveway approaches, including private alleys, shall be designed 
and located to provide exiting vehicles with an unobstructed view of other vehicles and 
pedestrians, and to prevent vehicles from backing into the flow of traffic on the public 
street or causing conflicts with on-site circulation. Construction of driveway accesses 
along acceleration or deceleration lanes or tapers should be avoided due to the potential 
for vehicular conflicts. Driveways should be located to allow for safe maneuvering in and 
around loading areas. See also, Chapter 3.3.500, Loading Areas. 
City of Silverton 
Zoning and Development Code 
3-6 City Council Approved 
October 6, 2008 
3.1- Vehicle Access and Circulation 
2. Access Connections. Access connections shall be the minimum width practicable based 
on projected traffic volumes and functional requirements. For specific design and 
construction standards, refer to the Public Works Design Standards. 
3. Driveways. Driveways shall meet the following standards, subject to review and 
approval by the Public Works Director: 
a. Single Family Dwelling Driveways: 
(1) Maximum width of 12 feet per off-street parking space, up to a maximum of 32 
feet for three or more off-street parking spaces. 
(2) Recreational vehicle pads must be located within the side yard or rear yard to 
qualify for additional driveway width as an off-street parking space. 
(3) No more than 2 driveways allowed per lot, with each driveway conforming to the 
requirements in subsection (1) above. 
(4) Combined driveways with abutting properties shall not exceed 40 feet in width. 
(5) Separate driveways must be spaced at least six (6) feet apart. 
b. Multiple Family and Attached Dwelling Driveways: 
(1) Each family unit having separate vehicle access and fronting a different street 
shall be treated as a single-family dwelling, except that no more than one 
driveway per unit is allowed. 
(2) Duplexes, triplexes and four-plexes with off-street parking spaces fronting onto a 
street shall meet the standards of 2.2.180. 
(3) Driveways serving multiple family units with combined access onto a street shall 
not exceed a width of 32 feet for a single driveway, except where the Public 
Works Director determines that the width shall be limited to 24 feet, such as in the 
case of a multifamily development with 10 or fewer dwellings. 
c. Commercial and Industrial Use Driveways shall be the minimum width necessary to 
efficiently and safely serve the proposed development. The maximum width allowed 
is 40 feet, except where the Public Works Director determines that a greater width is 
necessary to for traffic operations and safety at street intersections. 
d. Driveway grades should be less than 12%. Those grades exceeding 12 percent shall 
be subject to review and approval by the Building Official. Grades of 12% may not 
exceed 300 feet in length. The applicant shall provide an engineered plan for any 
driveway exceeding a grade of 12 percent for review and approval by the Building 
Official. Before approving the Building Official must determine the driveway does 
not pose a safety concern. 
e. Driveway cross slopes shall not exceed two (2) percent, and shall be designed to 
properly accommodate storm water runoff. 
f. Driveways 150 feet in length or more shall be provided with a vehicle turn-around 
meeting the approval of the Silverton Fire District. 
City of Silverton 
Zoning and Development Code 
3-7 City Council Approved 
October 6, 2008 
3.1- Vehicle Access and Circulation 
g. All driveways must be located the maximum distance which is practical from a street 
intersection. In no instance shall the distance from an intersection be closer than the 
following as measured from the near driveway edge and the through curb line as 
shown by the following illustration. 
Arterial Street 80 feet 
Collector Street 60 feet 
Neighborhood/Local Street 40 feet 
Where streets of different functional classifications intersect, the distance required is 
that of the classification which requires the greatest distance between the access point 
and the intersection 
4. Driveway Construction. Driveway aprons connecting a driveway to a public street shall 
be constructed of concrete and installed consistent with the City's Public Works Design 
Standards. The Public Works Director may require appropriate grade transitions between 
driveways and abutting sidewalks or walkways to address accessibility requirements. See 
Figure 3.1.200K. 
L. Fire Apparatus Ways. When required under the Uniform Fire Code, City-approved fire 
apparatus access ways shall be provided in accordance with City standards. 
M. Vertical Clearances. Driveways, private streets, aisles, turn-around areas and ramps shall 
have a minimum vertical clearance of 13' 6" for their entire length and width. 
City of Silverton 
Zoning and Development Code 
3-8 City Council Approved 
October 6, 2008 
3.1- Vehicle Access and Circulation 
N. Vision Clearance. No visual obstruction (e.g., sign, structure, solid fence, or shrub 
vegetation) between two (2) feet and eight (8) feet in height shall be placed in "vision 
clearance areas" on streets, driveways, alleys, or mid-block lanes where no traffic control 
stop sign or signal is provided, as shown in Figure 3.1.200N. The sides of the minimum 
vision clearance triangle are the curb line or, where no curb exists, the edge of pavement. 
Vision clearance requirements may be modified by the Public Works Director upon finding 
that more or less sight distance is required (i.e., due to traffic speeds, roadway alignment, 
etc.). This standard does not apply to light standards, utility poles, tree trunks and similar 
objects. 
Figure 3.1.200N Vision Clearance Areas 
(solid lines indicate curbs or edge of pavement) 
Street 
O. Construction. The following construction standards apply to all driveways: 
1. Surface Options. Driveways, parking areas, aisles, and turnarounds must be paved with 
asphalt or concrete. Other paving materials may be used, subject to approval by the 
Public Works Director. For example, porous paving materials such as porous concrete, 
pavers set in sand, or concrete blocks that allow grass to grow through may be permitted 
to reduce surface water runoff and protect water quality. 
2. Surface Water Management. All driveways, parking areas, aisles, and turnarounds shall 
allow on-site collection of surface waters to eliminate sheet flow of such waters onto 
public rights-of-way and abutting property. Surface water facilities shall be constructed 
in conformance with the standards contained in the Public Works Design Standards. 
(Single family dwellings and duplex dwellings exempt.) 
3. Driveway Aprons. When driveway approaches or "aprons" are required to connect 
driveways to the public right-of-way, they shall be paved with concrete surfacing and 
conform to the City's engineering design criteria and standard specifications. (See 
Section 3.1.200K.) 
City of Silverton 
Zoning and Development Code 
3-9 City Council Approved 
October 6, 2008 
3.1.300 - Pedestrian Access and Circulation 
3.1.300 Pedestrian Access and Circulation 
A. Site Layout and Design. To ensure safe, direct, and convenient pedestrian circulation, all 
developments, except single-family detached housing and duplex dwellings, shall provide a 
continuous pedestrian system. The pedestrian system shall be design based on the criteria 
in subsections 1-3, below: 
1. Continuous Walkway System. The pedestrian walkway system shall extend throughout 
the development site and connect to all future phases of development, and to existing or 
planned off-site adjacent trails, public parks, and open space areas to the greatest extent 
practicable. The developer may also be required to connect or stub walkway(s) to 
adjacent streets and to private property with a previously reserved public access 
easement for this purpose in accordance with the provisions of Section 3.1.200, 
Vehicular Access and Circulation, and Section 3.4.100, Transportation Standards. 
2. Safe, Direct, and Convenient. Walkways within developments shall provide safe, 
reasonably direct, and convenient connections between primary building entrances and 
all adjacent streets, based on the following criteria: 
a. Reasonably direct. A route that does not deviate unnecessarily from a straight line 
or a route that does not involve a significant amount of out-of-direction travel for 
likely users. 
b. Safe and convenient. Routes that are reasonably free from hazards and provide a 
reasonably direct route of travel between destinations. 
c. "Primary entrance" for commercial, industrial, mixed use, public, and institutional 
buildings is the main public entrance to the building. In the case where no public 
entrance exists, street connections shall be provided to the main employee entrance. 
d. "Primary entrance" for residential buildings is the front door (i.e., facing a street, 
plaza or courtyard). For multifamily buildings where individual dwelling units do 
not have their own exterior entrance, the walkway may connect to a lobby, 
courtyard, or breezeway that serves as a common entrance to multiple dwellings. 
3. Connections Within Development. Connections within developments shall be provided 
as required in subsections a-c, below: 
a. Walkways must connect all building entrances to one another to the extent 
practicable, as generally shown in Figure 3.1.300A; 
b. Walkways must connect all on-site parking areas, storage areas, recreational 
facilities and common areas, and connect to off-site adjacent uses to the site to the 
extent practicable. Topographic or existing development constraints may be cause 
for not making certain walkway connections; and 
City of Silverton 
Zoning and Development Code 
3-10 City Council Approved 
October 6, 2008 
3.1.300 - Pedestrian Access and Circulation 
Figure 3.1.300A Pedestrian Pathway System (Typical) 
c. Large parking areas shall be broken up so that no contiguous parking area exceeds 
one acre or 150 parking spaces, whichever is less. Parking areas may be broken up 
with plazas, landscape areas with pedestrian accessways (20 feet minimum total 
width), public streets or shopping streets (driveways with street-like features). For 
the purpose of this Section, a shopping street means a raised sidewalk of at least 
four (4) feet in width, six (6) inch curb, accessible curb ramps, street trees in planter 
strips or tree wells, and pedestrian-oriented lighting. 
City of Silverton 
Zoning and Development Code 
3-11 City Council Approved 
October 6, 2008 
3.1.300 - Pedestrian Access and Circulation 
B. Walkway Design and Construction. Walkways, including those provided with pedestrian 
accessways, shall conform to all of the standards in subsections 1-4, as generally illustrated 
in Figure 3.1.300B: 
1. Vehicle/Walkway Separation. Except for crosswalks (subsection 2), where a walkway 
abuts a driveway or street it shall be raised six (6) inches and curbed along the edge of 
the driveway/street. Alternatively, the decision body may approve a walkway abutting a 
driveway at the same grade as the driveway if the walkway has visually contrasting 
materials (e.g., pavers or stamped/scored concrete) and is protected from all vehicle 
maneuvering areas. An example of such protection is a row of decorative metal or 
concrete bollards designed to withstand a vehicle's impact, with adequate minimum 
spacing between them to protect pedestrians. 
2. Crosswalks. Where a walkway crosses a parking area, driveway, or street 
("crosswalk"), it shall be clearly marked with painted or thermo-plastic striping or 
similar types of non-permanent applications. Contrasting paving materials (e.g., 
stamped or scored concrete or pavers 
inlaid between asphalt) are permitted. The 
Public Works Director may require 
the crosswalk be designed as a 
raised, speed table-type crossing 
area. 
3. Walkway Width and Surface. 
Walkway and accessway surfaces 
shall be concrete, asphalt, 
brick/masonry pavers, or other 
durable surface, as approved by the 
Public Works Director, at least five 
(5) feet wide. Multi-use paths (i.e., 
for bicycles and pedestrians) shall 
be concrete or asphalt and subject 
to the City of Silverton Public 
Works Design Standards. 
Landscape 
Islands Break up 
Parking Raws 
"ADA Ramp 
t=± 
j ,1 Pedestrian Crossing 
iDA Wheelchair Ramp 
4. Accessible routes. Walkways shall 
conform to applicable Americans 
with Disabilities Act (ADA) 
guidelines. The ends of all raised 
walkways, where the walkway 
intersects a driveway or street shall 
provide ramps that are ADA 
accessible, and walkways shall 
provide unobstructed, direct routes 
to primary building entrances. 
ADA 
Ramp 
Primary BuildÈna intrv 
City of Silverton 
Zoning and Development Code 
3-12 City Council Approved 
October 6, 2008 
Chapter 3.2 — Landscaping, Street Trees, Fences and Walls 
Sections: 
3.2.100 Purpose 
3.2.200 Landscape Conservation 
3.2.300 Landscaping 
3.2.400 Street Trees 
3.2.500 Fences and Walls 
3.2.100 Purpose 
The purpose of Chapter 3.2 is to promote community health, safety, and welfare by protecting 
natural vegetation and setting development standards for landscaping, street trees, fences, and 
walls. Together, these elements of the natural and built environment contribute to the visual 
quality, environmental health, and character of the community. Trees provide climate control 
through shading during summer months and wind screening during winter. Trees and other 
plants can also buffer pedestrians from traffic. Walls, fences, trees, and other landscape 
materials also provide vital screening and buffering between land uses. Landscaped areas help to 
control surface water drainage and can improve water quality, as compared to paved or built 
surfaces. The Chapter is organized into the following sections: 
Section 3.2.200, Landscape Conservation, prevents the indiscriminate removal of significant 
trees and other vegetation, including vegetation associated with streams, wetlands, and other 
protected natural resource areas. 
Section 3.2.300, Landscaping, sets standards for and requires landscaping of all development 
sites that require Land Use Review and Design Review. This section also requires buffering for 
parking and maneuvering areas, and between different land use districts. Note that other relevant 
standards are provided in Article 2, Land Use Districts, for specific types of development. 
Section 3.2.400, Street Trees, sets standards for and requires planting of street trees for shading, 
comfort, water quality, and aesthetic purposes. 
Section 3.2.500, Fences and Walls, regulates the design of fences and walls, including 
allowable height and materials, to promote security, personal safety, privacy, and aesthetics. 
City of Silverton 
Zoning and Development Code 
3-13 City Council Approved 
October 6, 2008 
3.2.200 - Landscape Conservation 
3.2.200 Landscape Conservation 
A. Applicability. All development sites containing Significant Vegetation, as defined below, 
shall comply with the standards of this Section and be subject to development review. The 
purpose of this Section is to incorporate significant native vegetation into the landscapes of 
development and to protect vegetation in sensitive natural areas. The use of mature, native 
vegetation within developments is a preferred alternative to removal of vegetation and re-
planting. Mature landscaping provides summer shade and wind breaks, controls erosion, and 
allows for water conservation due to larger plants having established root systems. 
B. Significant Vegetation. "Significant vegetation" means street trees and plants within 
designated sensitive land areas such as flood plains, hillside protection areas, and wetlands, 
and trees not within such area that have a caliper of six (6) inches or larger at four (4) feet 
above grade; except that protection shall not be required for non-native, invasive plants 
(blackberries, poison oak, poison ivy, etc.) and any plants designated by the City as 
prohibited. 
C. Mapping and Protection Required. Significant vegetation shall be mapped as required by 
Chapter 4.2, Design Review. Significant trees shall be mapped individually and identified by 
species and diameter or caliper at four (4) feet above grade. A "protection" area shall be 
defined around the edge of all branches (drip-line) of each tree. Drip lines may overlap 
between trees. The City also may require an inventory, survey, or assessment prepared by an 
arborist of other qualified professional to determine tree health, construction boundaries, 
building setbacks, and/or recommended protection or mitigation requirements. 
D. Protection Standards. Trees on public lands shall not be removed, cut, felled, trimmed or 
otherwise damaged or destroyed, except as approved by the City. The City may approve 
removal or trimming when a tree poses an immediate hazard to public safety as determined 
by the Public Works Director. Other significant vegetation (including vegetation on private 
property) identified as meeting the criteria in subsection B, above, shall be retained to the 
extent practicable to protect environmental values and to minimize the risk of erosion, 
landslide, and stormwater runoff. Where protection is impracticable because it would prevent 
reasonable development of public streets, utilities, or land uses permitted by the applicable 
land use district, the City may allow removal of significant vegetation from the building 
envelope as defined by required yard setbacks. Where yard areas must be disturbed to install 
streets or utilities, the applicant may be required to restore such areas after construction with 
landscaping or other means to prevent erosion and to protect the public health, safety, and 
welfare. With the owner's consent, the City may accept a land dedication or become a party 
to a conservation easement on private property for conservation purposes. 
E. Mitigation Required. Where removal of or impacts to significant vegetation is proposed or 
it is reasonable to expect it will be unavoidable during development, the City shall require 
mitigation through development review. Mitigation shall be proportionate to the loss of 
significant vegetation. Where complete mitigation on-site is not practical due to limitations 
of the site, the City may accept an in lieu fee for mitigation which will occur off-site. 
F. Construction. All significant vegetation on a site that is not otherwise designated and 
approved by the City for removal shall be protected prior to, during, and after construction in 
City of Silverton 
Zoning and Development Code 
3-14 City Council Approved 
October 6, 2008 
3.2.200 - Landscape Conservation 
accordance with a limit-of-clearing and grading plan approved by the Planning Official. The 
City may require chain link or other protective fencing around significant vegetation and 
limit grading activities and operation of vehicles and heavy equipment in and around 
significant vegetation areas to prevent damage to the resource and to prevent erosion, 
pollution, or landslide hazards. 
G. Tree Felling. Review approval is required for the felling of five (5) or more significant trees 
on a lot or property inside the City limits within a calendar year. Felling trees at the direction 
of the City or by the City necessary to remove or alleviate an immediate danger to life or 
property; removal of any tree that is defined as a nuisance under the Silverton Municipal 
Code; to restore utility service or to reopen or maintain a public street or easement is exempt 
from review. 
An application following the submittal requirements for a Design Review shall be submitted 
to the City for review prior to any tree removal. The City may approve the request when the 
following review criteria are met. 
1. Trees shall be retained in significantly large areas and dense stands so as to ensure against 
windthrow. 
2. Wooded areas that will likely provide an attractive on-site amenity to occupants of future 
developments shall be retained. 
3. Wooded areas associated with natural drainage ways and water areas will be maintained 
to preserve riparian habitat and minimize erosion. The wooded area to be retained shall 
be at least 10 feet in width or as required elsewhere in this code. 
4. Wooded areas along ridges and hilltops will be retained for their scenic and wildlife value. 
5. Tree felling on developable areas will be avoided to retain the wooded character of future 
building sites and so preserve housing and design options for future City residents. 
6. Wooded areas along property lines shall be retained at a minimum width of 10 feet to 
provide buffers from adjacent properties. 
7. The plan for tree felling shall be consistent with the preservation of the site's future 
development potential and zoning. 
H. Exemptions. The protection standards in "D" and "E" do not apply to: 
1. Dead or Diseased Vegetation. Dead or diseased vegetation meeting the criteria for 
"significant vegetation" may be removed after approval of a Type I Land Use Review. 
2. Hazardous Vegetation and Other Emergencies. Significant vegetation may be 
removed without land use approval when the vegetation poses an immediate 
threat to life or safety or protection of property (e.g., windstorm damage, fallen 
over house, road or power line, blocked drainage way, or similar circumstance). 
City of Silverton 
Zoning and Development Code 
3-15 City Council Approved 
October 6, 2008 
3.2.300 - Landscaping 
3.2.300 Landscaping 
A. Applicability. This Section shall apply to all new developments requiring Land Use Review 
and Design Review. 
B. Landscaping Plan Required. A landscape plan is required. All landscape plans shall 
conform to the requirements in Chapter 4.2.500, Section B.5. 
C. Landscape Area Standards. Landscape areas shall be as provided in the base zone (Article 
2) and other applicable provisions of this Code (e.g., parking areas, buffering, screening, 
street trees, etc.). 
D. Landscape Materials. Permitted landscape materials include trees, shrubs, ground cover 
plants, non-plant ground covers, and outdoor hardscape features, as described below. 
"Coverage" is based on the projected size of the plants at maturity, i.e., typically three (3) 
years after planting. 
1. Existing Vegetation. Existing non-invasive vegetation may be used in meeting landscape 
requirements. When existing mature trees are protected on the site (e.g., within or 
adjacent to parking areas) the decision making body may reduce the number of new trees 
required by a ratio of one (1) inch caliper of new tree(s) for every one (1) inch caliper of 
existing tree(s) protected. 
2. Plant Selection. A combination of deciduous and evergreen trees, shrubs, and ground 
covers shall be used for all planted areas, the selection of which shall be based on local 
climate, exposure, water availability, and drainage conditions. When new vegetation is 
planted, soils shall be amended, as necessary, to allow for healthy plant growth. 
3. "Non-native, invasive" plants, as per Section 3.2.200.B, shall be removed during site 
development and the planting of new invasive species is prohibited. 
a. Trees Prohibited in Right-of-Way. Because of their potential negative impact on 
public infrastructure, it is unlawful to plant any of the following trees in or on public 
right-of-way: box elder, tree of heaven, golden chain, holly, silver maple, bamboo, 
poplar, willow, conifer, cottonwood, fruit trees (other than ornamental fruit trees), nut 
trees (other than ornamental nut trees), and ailanthus. 
b. Trees Requiring Approval. It is unlawful to plant willow, cottonwood or poplar trees 
anywhere in the city unless the Public Works Director approves the site as one where 
the tree roots will not likely to interfere with public sewers. 
4. Hardscape features, such as plazas, pathways, patios and other pedestrian amenities may 
count toward ten (10) percent of the required landscape area, except in the Commercial 
Districts, where hardscape features may count toward 50 percent of the landscape area, 
provided that such features conform to Section 2.3.170. Street trees, where required, do 
not count toward the minimum landscape area. Swimming pools, sports courts, decks 
City of Silverton 
Zoning and Development Code 
3-16 City Council Approved 
October 6, 2008 
3.2.300 - Landscaping 
and similar facilities may not be counted toward fulfilling the landscape requirement in 
any zone. 
5. Ground Cover Standard. All landscaped areas, whether or not required, that are not 
planted with trees and shrubs, or covered with non-plant material (subsection 8, below), 
shall have ground cover plants that are sized and spaced with a minimum of one (1) plant 
per twelve (12) inches on center in triangular spacing, or other planting pattern that is 
designed to achieve fifty (50) percent or greater coverage of all areas not covered by 
shrubs or trees. 
6. Tree Size. Trees shall have a minimum diameter or caliper four (4) feet above grade of 
two (2) inches or greater at time of planting. 
7. Shrub Size. Shrubs shall be planted from five (5) gallon containers or larger. 
8. Non-plant Ground Covers. Bark dust, chips, aggregate, or other non-plant ground covers 
may be used, but shall cover no more than fifty (50) percent of the area to be landscaped 
and shall be confined to areas underneath plants. Non-plant ground covers cannot be a 
substitute for ground cover plants. 
9. Significant Vegetation. Significant vegetation protected in accordance with Section 
3.2.200 may be credited toward meeting the minimum landscape area standards. Credit 
may be granted for trees at a ratio of one (1) caliper inch per inch of tree(s) protected, 
except that parking lot landscaping shall be provided as required by subsection E.3, 
below. The Street Tree standards of Section 3.2.400 may be waived by the City when 
existing significant trees protected within the front yard provide the same or better 
shading and visual quality as would otherwise be provided by street trees. 
10. Storm Water Facilities. Storm water facilities (e.g., detention/retention ponds and swales 
designed for water quality treatment), when allowed, shall be landscaped with water-
tolerant, native plants. 
E. Landscape Design Standards. All yards, parking lots, and required street tree planter strips 
shall be landscaped to provide, as applicable, erosion control, visual interest, buffering, 
privacy, open space and pathway identification, shading, and wind buffering, based on the 
following criteria and standards: 
1. Yard Setback Landscaping Design. Landscaping in yards shall: 
a. Provide visual screening and privacy within side and rear yards; while leaving front 
yards and building entrances mostly visible for security purposes 
b. Use shrubs and trees as wind breaks and to screen parking areas. 
c. Retain natural vegetation 
City of Silverton 
Zoning and Development Code 
3-17 City Council Approved 
October 6, 2008 
3.2.300 - Landscaping 
d. Define pedestrian pathways and open space areas with landscape materials 
e. Provide focal points within a development, for example, by preserving large or 
unique trees or groves, hedges, and flowering plants 
f. Use trees to provide summer shading within common open space areas and within 
front yards when street trees cannot be provided 
g. Use a combination of plants for year-long color and interest 
h. Use landscaping to screen outdoor storage and mechanical equipment areas, and to 
enhance graded areas such as berms, swales, and detention/retention ponds 
2. Yard Setback Landscaping Requirements. Landscaping requirements listed by type of 
use: 
a. Residential, Single Family: All front yards (exclusive of access ways and other 
permitted intrusions) are required to be landscaped with one (1) tree at least six (6) 
feet in height (2 inch minimum caliper) and two (2) five-gallon shrubs or accent 
plants per 1,000 square feet of required yard area with the remaining area to be 
treated with an attractive ground cover (e.g. lawn, bark, rock, ivy, and evergreen 
shrubs) within six (6) months of issuance of an occupancy permit. 
b. Commercial and Multi-Family: All required yards adjacent to a street (exclusive of 
access ways and other permitted intrusions) are required to be landscaped with one 
(1) tree at least six (6) feet in height (2 inch minimum caliper) and five (5) five-gallon 
shrubs or accent plants per 1,000 square feet of required yard area with the remaining 
area to be treated with an attractive ground cover (e.g. lawn, bark, rock, ivy, and 
evergreen shrubs) prior to issuance of an occupancy permit. 
c. Industrial and Public/Semi-Public: All required yards adjacent to a street (exclusive 
of access ways and other permitted intrusions) are required to be landscaped with one 
(1) tree at least six (6) feet in height (2 inch minimum caliper) and five (5) five-gallon 
shrubs or accent plants per 1,000 square feet of required yard area with the remaining 
area to be treated with an attractive ground cover (e.g. lawn, bark, rock, ivy, and 
evergreen shrubs) prior to issuance of an occupancy permit. Where the yard adjacent 
to a street of an industrially of publicly/semi-publicly zoned property is across a right-
of-way from other industrially, commercially, or publicly/semi-publicly zoned 
property, only 30% of such yard area must be landscaped. 
3. Parking areas. A minimum ten (10) percent of the total surface area of all parking areas, 
as measured around the perimeter of all parking spaces and maneuvering areas, shall be 
landscaped. Such landscaping shall consist of "evenly distributed" shade trees with 
shrubs and/or ground cover plants that conform to the criteria in Section 3.2.300.E.1.a-h, 
above. "Evenly distributed" means that the trees and other plants are distributed around 
the parking lot perimeter and between parking bays to provide a partial canopy. At a 
minimum, one tree per ten (10) parking spaces on average shall be planted to create a 
City of Silverton 
Zoning and Development Code 
3-18 City Council Approved 
October 6, 2008 
3.2.300 - Landscaping 
partial tree canopy over and around the parking area. Parking areas shall include 
landscape islands with trees to break up the parking area into rows of not more than ten 
(10) contiguous (side-by-side) parking spaces. All parking area landscapes shall have 
dimensions of not less than twenty-four (24) square feet of area, or not less than four (4) 
feet in width by six (6) feet in length, to ensure adequate soil, water, and space for 
healthy plant growth. Such areas shall have irrigation, or temporary irrigation to ensure 
plant survival and success. 
4. Buffering and Screening Required. Buffering and screening are required under the 
following conditions: 
a. Parking/Maneuvering Area Adjacent to Streets and Drives. Where a parking or 
maneuvering area is adjacent and parallel to a street or driveway, an evergreen hedge; 
decorative wall (masonry or similar quality material) with openings, arcade, trellis, or 
similar partially opaque structure six (6) feet in height shall be established between 
street and driveway. The required screening shall have breaks to allow visibility 
(natural surveillance) into the site and to allow pedestrian access to any adjoining 
walkways. Hedges used to comply with this standard shall be a minimum of 36 
inches in height at maturity, and shall be of such species, number, and spacing to 
provide year-round screening within one (1) year after planting. Vegetative ground 
cover is required on all surfaces between the wall/hedge and the street/driveway line. 
b. Parking/Maneuvering Area Adjacent to Building. Where a parking or maneuvering 
area or driveway is adjacent to a building, the area shall be separated from the 
building by a curb and a raised walkway, plaza, or landscaped buffer not less than 
five (5) feet in width and six (6) feet in height. Raised curbs, bollards, wheel stops, or 
other design features shall be used to protect pedestrians, landscaping, and buildings 
from being damaged by vehicles. Where parking areas are located adjacent to 
residential ground-floor living space, a four (4) foot wide landscape buffer with a 
curbed edge may fulfill this requirement. 
c. Screening of Mechanical Equipment, Outdoor Storage, Service and Delivery Areas, 
and Other Screening When Required. All mechanical equipment, outdoor storage 
and manufacturing, and service and delivery areas, shall be screened from view from 
all public streets and adjacent Residential districts. When these or other areas are 
required to be screened, such screening shall be provided by: 
1. A decorative wall (i.e., masonry or similar quality material), 
2. Evergreen hedge, 
3. Opaque or sight-obscuring fence complying with Section 3.2.500, or 
4. A similar feature accepted by the approval authority providing an adequate 
screen. 
Walls, fences, and hedges shall comply with the vision clearance requirements and 
provide for pedestrian circulation, in accordance with Chapter 3.1, Access and 
Circulation. (See Section 3.2.500 for standards specific to fences and walls.) 
City of Silverton 
Zoning and Development Code 
3-19 City Council Approved 
October 6, 2008 
3.2.300 - Landscaping 
d. Existing Significant Vegetation. Where significant vegetation exists it shall be 
preserved as a "buffer" around the development/subdivision within the setback areas 
at a minimum. The reviewing body may require preservation of other tree groves and 
clusters of significant vegetation through design review or the planned development 
process when an applicant has requested an adjustment to code standards, as provided 
under Chapters 4.2 and 4.5. 
e. Different Land Uses. Whenever differing between land use are situated adjacent to 
each other 
Figure 3.2.300E General Landscape Areas (Typical) 
F. Irrigation. All required landscape areas except for single family dwellings, duplexes and 
triplexes shall be provided with a piped underground water supply irrigation unless a licensed 
landscape architect or certified nurseryman submits written verification that the proposed 
plant materials do not require irrigation. Irrigation systems installed in the public right-of-
way require an encroachment permit. The use of indigenous drought-tolerant plants from the 
City's approved plant list is encouraged, and may be required where exposure, slope or soil 
conditions warrant. Irrigation shall be provided for plants that are not drought-tolerant. 
G. Maintenance. If the plantings fail to survive, the property owner shall replace them with an 
equivalent specimen (i.e., evergreen shrub replaces evergreen shrub, deciduous tree replaces 
deciduous tree, etc.) within six (6) months of their dying or removal, whichever comes first. 
All man-made features required by this Code shall be maintained in good condition, or 
City of Silverton 
Zoning and Development Code 
3-20 City Council Approved 
October 6, 2008 
3.2.300 - Landscaping 
otherwise replaced by the owner within six (6) months of any such feature being removed or 
irreversibly damaged (whichever comes first). 
1. Height Requirements. Trees or shrubs growing in the right-of-way or on private property 
must be trimmed to maintain a minimum canopy height of 8 feet above sidewalks, or 12 
feet above streets or alleys. 
2. Trimming-Specifications-Owner Responsibility 
a. Trees, shrubs or plants standing in or upon any public street or alley, or on private 
grounds, and having branches projecting into the public street or sidewalk, shall be 
kept trimmed by the owner or owners of the property adjacent to or in front of such 
trees, shrubs or plants growing so that: 
1. The lowest branches shall not be less than a minimum of 12 feet above any 
surface of the street pavement, and shall not be less than 14 feet above the surface 
of streets designated as state highways; 
2. The lowest branches shall not be less than a minimum of 8 feet above any surface 
of a sidewalk; 
3. The highest branches of any bush or shrub on private property shall comply with 
the clear vision area requirements. 
b. Newly planted trees may remain untrimmed, provided that they do not interfere with 
street traffic or persons using the sidewalk, or obstruct the light of any street electric 
lamp. 
3. Trimming-Notice to Comply. Whenever the owner or owners, lessees, occupants or 
person in charge of private grounds neglect or refuse to trim any tree, shrub or plant, as 
provided in this code, the city shall serve upon such owner or owners, lessees, occupants 
or person in charge a written notice to trim such tree or trees, shrubs or plants within 10 
days after giving of such notice, failure to do so will be considered in violation of this 
Chapter and subject to the penalties provided in this code. Such notice shall be served 
upon the owner or owners, lessees, occupants, person in charge, or occupant of the 
property by posting the same upon such property or near to the trees, shrubs or plants to 
be trimmed. 
4. Trimming-City to Perform Work When. If the owner or owners, lessees, occupants or 
persons in charge of the property fail and neglect to trim such trees, shrubs or plants 
within 10 days after receiving said notice, the city manager or duly authorized 
representative may cause any vegetation in or upon any parking strip, street right-of-way 
or other public place in the city to be trimmed, pruned, or removed. 
5. Removal of Trees or Shrubs. 
City of Silverton 
Zoning and Development Code 
3-21 City Council Approved 
October 6, 2008 
3.2.300 - Landscaping 
a. The City Manager may remove or cause or order to be removed any tree, plant or 
shrubs, or part thereof, planted or growing in or upon any public street or alley which 
is in unsafe conditions, which by reason of its nature is injurious to sewers or other 
public improvements, or is affected with an injurious fungus disease, insect or other 
pest. 
b. Whenever, in the opinion of the City Manager, trimming or treatment of any such tree 
or shrub located on private ground but have branches extending over any public street 
or alley is deemed necessary, the City Manager shall have the power to trim or treat 
any such branch or branches, or cause or order the same to be trimmed or treated. 
City of Silverton 
Zoning and Development Code 
3-22 City Council Approved 
October 6, 2008 
3.2.400 - Street Trees 
3.2.400 Street Trees 
Street trees shall be planted in all new subdivisions and any project classified as a Major Project, 
except where specifically exempt under this Code or where the reviewing body approves an 
adjustment to the street design standards under Section 3.4.100, Transportation Standards. 
Planting of street trees shall generally follow construction of curbs and sidewalks, however, the 
City may defer tree planting until final inspection of completed dwellings to avoid damage to 
trees during construction. The planting and maintenance of street trees shall conform to the 
following standards and guidelines and any applicable road authority requirements: 
A. Growth Characteristics. Trees shall be selected based on climate zone, growth 
characteristics and site conditions, including available space, overhead clearance, soil 
conditions, exposure, and desired color and appearance. Drought resistant trees should be 
chosen where they suit the specific soil type. 
B. Caliper Size. The minimum diameter or caliper size at planting, as measured four (4) feet 
above grade, is two (2) inches. 
C. Spacing and Location. The intent of this section is to provide a procession of trees for 
shade, buffering, pedestrian comfort and aesthetics on all city streets. Street trees shall be 
spaced so that there is at least one tree planted for every 35 feet of street frontage, except 
where existing utilities, vision clearance requirements or similar factors preclude such 
spacing. Actual spacing of trees may vary based on the growth habits of selected trees. See 
City of Silverton Street Trees List. 
D. Soil Preparation, Planting and Care. The developer shall be responsible for planting street 
trees, including soil preparation, ground cover material, staking, and temporary irrigation for 
one year after planting. The developer shall also be responsible for tree care (pruning, 
watering, fertilization, and replacement as necessary) during the first two years after planting, 
after which the adjacent property owners shall maintain the trees. 
E. Assurances. The City shall require the developer to provide a performance and maintenance 
bond or cash deposit in an amount determined by an estimate provided by the developer or 
by the Community Development Director, to ensure the planting of the tree(s) and care 
during the first year after planting. 
F. Street Tree List. A list of approved street trees is available at Silverton City Hall. 
City of Silverton 
Zoning and Development Code 
3-23 City Council Approved 
October 6, 2008 
3.2.500 - Fences and Walls 
3.2.500 Fences and Walls 
Construction of fences and walls shall conform to all of the following requirements: 
A. General Requirements. All fences, walls, or hedges shall comply with the height 
limitations of the respective zoning district (Article 2, Tables 2.2.120.A and 2.3.120) and the 
standards of this Section. The City may require installation of walls and/or fences as a 
condition of development approval, in accordance with land division approval (e.g., flag 
lots), approval of a conditional use, or design review approval. A building permit is required 
for fences greater than 6 feet in height (See also, Section 3.2.300 for landscape screening 
wall requirements.) All fences shall be located outside any vision clearance area. 
B. Dimensions. 
1. The combined height of fences and/or retaining walls and/or other decorative landscape 
elements (i.e. rocks, railroad ties, etc.) within a front yard setback or in front of the front 
façade of a building shall not exceed 42-inches as measured from the grade closest to the 
street right-of-way. 
2. Fences built atop retaining walls shall conform to the following standards: 
a. When the retaining wall is not adjacent to or abutting a public right-of-way and is less 
than 30 inches in height from finished grade the maximum height of the fence shall 
be (6) six feet in a residential zoning district and (8) feet in a commercial or industrial 
zoning district. 
b. When the retaining wall is not adjacent to or abutting a public right-of-way and is 
greater than 30 inches in height from finished grade, the combined height of the wall 
and fence from finished grade shall not exceed (8 eight and one-half feet in a 
residential zoning district and (10) feet in a commercial or industrial zoning district. 
c. Fences located on top of retaining walls greater than 30 inches in height from finished 
grade and not adjacent to or abutting a public right-of-way may exceed the total 
allowed combined height listed in (b.) above provided that the fence is located a 
minimum of two feet from the retaining wall and the fence height does not exceed (6) 
six feet in height with a maximum combined height of 15 feet (the maximum height 
requirement does not apply to any safety measure required by the International 
Building Code). 
4. One arbor, gate, or similar garden structures not exceeding eight (8) feet in height and six 
(6) feet in width is allowed per yard, provided that it is not within a required clear vision 
5. Walls and fences to be built for required buffers shall comply with Section 3.2.300. 
6. Fences and walls shall comply with the vision clearance standards of Section 3.1.200. 
area. 
City of Silverton 
Zoning and Development Code 
3-24 City Council Approved 
October 6, 2008 
3.2.500 - Fences and Walls 
C. Maintenance. For safety and for compliance with the purpose of this Chapter, walls and 
fences required as a condition of development approval shall be maintained in good 
condition, or otherwise replaced by the property owner. 
D. Materials. 
1. Permitted materials: wood, chain-link steel, iron, bricks, stone, rusticated concrete 
masonry block, stucco, or similar masonry, and non-prohibited evergreen plants are 
permitted. Poured concrete walls must be striated, battered, scored or have other finished 
surface. Materials on all projects other than single family and duplex dwellings on 
individual lots are subject to review and approval through Design Review. 
2. Prohibited materials: unfinished concrete blocks, straw bales, barbed or razor wire, scrap 
lumber or other scrap materials, sheet metal, hedges taller than eight (8) feet and similar 
fence and wall materials are prohibited. Electric fences are also prohibited. 
3. Masonry walls exceeding four (4) feet in height are subject to review and approval by the 
Building Official. Fences and walls taller than six (6) feet are subject to landscape 
screening and require a building permit. 
Examples of walls include rusticated concrete block, poured 
concrete form (battered or striated finish). 
City of Silverton 
Zoning and Development Code 
3-25 City Council Approved 
October 6, 2008 
3.3 - Parking and Loading 
Chapter 3.3 — Parking and Loading 
Sections: 
3.3.100 Purpose 
3.3.200 Applicability 
3.3.300 Automobile Parking Standards 
3.3.400 Bicycle Parking Standards 
3.3.500 Loading Areas 
3.3.100 Purpose 
The purpose of Chapter 3.3 is to provide basic and flexible standards for development of vehicle 
and bicycle parking. The design of parking areas is critically important to the economic viability 
of some commercial areas, pedestrian and driver safety, the efficient and safe operation of 
adjoining streets, and community image and livability. Historically, some communities have 
required more parking than is necessary for some land uses, paving extensive areas of land that 
could be put to better use. Because vehicle parking facilities occupy large amounts of land, they 
must be planned and designed carefully to use the land efficiently, minimize stormwater runoff, 
and maintain the visual character of the community. This Chapter recognizes that each 
development has unique parking needs and provides a flexible approach for determining parking 
space requirements (i.e., "minimum" and "performance-based" standards). This Chapter also 
provides standards for bicycle parking because many people use bicycles for recreation, 
commuting, and general transportation. Children as well as adults need safe and adequate spaces 
to park their bicycles throughout the community. 
3.3.200 Applicability 
All developments subject to Land Use Review or Design Review (Chapter 4.2), including 
modifications to existing parking facilities, must comply with the provisions of this Chapter. 
City of Silverton 
Zoning and Development Code 
3-26 City Council Approved 
October 6, 2008 
3.3.300 - Automobile Parking Standards 
3.3.300 Automobile Parking Standards 
A. Vehicle Parking - Minimum Standards by Use. The number of required off-street vehicle 
parking spaces is determined in accordance with the standards in Table 3.3.300A, or 
alternatively, through a separate parking demand analysis as described in subsection 2 below. 
1. Where a use is not specifically listed in this table, parking requirements are determined 
by finding that a use is similar to one of those listed in terms of parking needs, or by 
estimating parking needs individually using the demand analysis option described below. 
2. An applicant may propose parking in amounts less than listed in Table 3.3.300A by 
submitting a parking demand analysis to the Community Development Director for 
review and approval. The parking demand analyses must be based on the proposed use 
and provide an estimate of parking demand based on the number of employees and 
customer/visitors who are likely to travel to the subject site by automobile, transit, 
bicycle and foot. The analysis is reviewed through a Type II Land Use Review, or a Type 
III review if the request is part of an application that is already subject to Type III review. 
The reviewing body may approve, approve with conditions or deny the proposal. 
3. Parking that counts toward the minimum requirement is parking in garages, carports, 
parking lots, bays along driveways, shared parking, and designated on-street parking 
when approved through Land Use Review or Design Review, as applicable, and subject 
to Section 3.3.300.C. In recognition that downtown is the most compact and walkable 
area of Silverton, off-street parking requirements are waived. 
City of Silverton 
Zoning and Development Code 
3-27 City Council Approved 
October 6, 2008 
3.3.300 - Automobile Parking Standards 
Table 3.3.300A - Minimum Required Parking by Use 
Use Categories 
(Examples of uses are in Chapter 
1.6; definitions are in Chapter 1.5.) 
Minimum Parking per Land Use 
(fractions rounded down to the closest whole number) 
Residential Categories 
Household Living 
Accessory Dwelling 
None when the primary single family dwelling provides 2 spaces and there 
is on-street parking. If no on-street parking is available then 1 additional 
space must be provided. 
Single Family Dwelling, including 
attached and detached dwellings 
and manufactured homes 
2 spaces per dwelling unit provided on-street parking is available. If on-
street parking is not available, then each unit must provide 3 spaces. 
Duplex 3 spaces per duplex 
Multifamily 
1 space per studio or 1-bedroom unit plus 1 visitor space for each 4 units 
1.5 spaces/unit per 2-bedroom unit plus 1 visitor space for each 4 units 
2.25 spaces/unit per 3-bedroom or larger unit plus 1 visitor space for each 
4 units 
Group Living, such as nursing or 
convalescent homes, rest homes, 
assisted living, congregate care, 
and similar special needs housing 
1 space per 4 bedrooms plus 1 space per employee based on the largest 
shift. 
Commercial Categories 
Drive-Up/Drive-In/Drive-Through 
Facilities (drive-up windows, 
kiosks, ATM's, similar 
uses/facilities), per Section 2.3.160 
No parking requirement if drive-up/drive-in/drive through is in conjunction 
with a business. If not in conjunction with a business, then one space per 
employee is required. See Section 2.3.160 for queuing area requirements 
Bed and Breakfast Inn 1 space per rentable bedroom plus 1 space for owner/manager 
Educational Services, not a school 
(e.g., tutoring or similar services) 1 space per 500 sq. ft. floor area 
Entertainment, Major Event 1 space for every 4 event attendees plus 1 space for every 3 employees 
Offices 1 space per 400 sq. ft. of floor area 
Outdoor Recreation, Commercial 1 space for every 4 event attendees plus 1 space for every 3 employees 
Parking Lot (when not an 
accessory use) None 
City of Silverton 
Zoning and Development Code 
3-28 City Council Approved 
October 6, 2008 
3.3.300 - Automobile Parking Standards 
Use Categories 
(Examples of uses are in Chapter 
1.6; definitions are in Chapter 1.5.) 
Minimum Parking per Land Use 
(fractions rounded down to the closest whole number) 
Quick Vehicle Servicing or Vehicle 
Repair. (See also Drive-Up/Drive-
In/Drive-Through Uses, per 
Section 2.3.160) 
2 spaces per service bay plus 1 per employee 
Retail Sales and Service (See also 
Drive-Up Uses) 
Retail: 1 spaces per 400 sq. ft., plus 1 space for each 3 employees except 
bulk retail (e.g., auto, boat, trailers, nurseries, lumber and construction 
materials, furniture, appliances, and similar sales) 1 per 1,000 sq. ft. 
Restaurants and Bars: 8 spaces per 1,000 sq. ft. floor area 
Health Clubs, Gyms: 1 space per piece of work out equipment or work out 
station; plus one space for every 3 employees 
Continuous Entertainment (e.g., bowling alleys): 1 space for every 4 
patrons or1 space per bowling lane plus 1 space for every 3 employees 
Lodging (hotels, motels, inns), (see also Bed and Breakfast Inns): 1 per 
rentable room plus 1 space for every 3 employees; For associated uses, 
such as restaurants, entertainment uses, and bars, see above 
Theaters and Cinemas: 1 per every 4 seats 
Self-Service Storage 2 spaces 
Industrial Categories 
Industrial Service (See also Drive-
Up Uses) A minimum of 2 spaces; 1 space per 1,000 sq. ft. of floor area 
Manufacturing and Production A minimum of 2 spaces; 1 space per 1,000 sq. ft. of floor area 
Warehouse and Freight Movement A minimum of 2 spaces; 1 space per 1,000 sq. ft. of floor area 
Wholesale Sales 
- fully enclosed 
- not enclosed 
1 space per 1,000 sq. ft: A minimum of 2 spaces 
1 space per 1,000 sq. ft: A minimum of 2 spaces 
Institutional Categories 
Basic Utilities None 
Community Service 1 space per 200 sq. ft. of floor area 
City of Silverton 
Zoning and Development Code 
3-29 City Council Approved 
October 6, 2008 
3.3.300 - Automobile Parking Standards 
Use Categories 
(Examples of uses are in Chapter 
1.6; definitions are in Chapter 1.5.) 
Minimum Parking per Land Use 
(fractions rounded down to the closest whole number) 
Daycare, adult or child day care; 
does not include Family Daycare 
(12 or fewer children) under ORS 
657A.250 
1 drop-off space for every 10 children plus 1 space for each employee. 
Parks and Open Space 1 space for every 4 attendees or per CU review (Chapter 4.4) for active recreation areas. 
Religious Institutions and Houses 
of Worship 
1 space per every 4 seats of the main assembly area; or per CU review, 
as applicable 
Schools 
Grade, elementary, middle, iunior high schools: 2 spaces per classroom 
High schools: 1 space per 6 students plus 1 space per full time employee 
Other Categories 
Accessory Uses (with a permitted 
use) 
No standard, except some uses may be required to provide parking under 
the minimum standards for primary uses, as determined by the decision 
body through Land Use Review, Conditional Use review, or Site Design 
Review. 
Agriculture - Nurseries and similar 
horticulture See Retail Sales and Wholesale, as applicable 
Radio Frequency Transmission 
Facilities None 
Rail Lines and Utility Corridors, 
except those existing prior to 
effective date of Development 
Code are allowed. 
None 
Temporary Uses (limited to "P" and 
"CU" uses), per Section 4.9.100. As determined per Section 4.9.100 
Transportation Facilities 
(operation, maintenance, 
preservation, and construction [in 
accordance with the City's 
Transportation System Plan]) 
None 
City of Silverton 
Zoning and Development Code 
3-30 City Council Approved 
October 6, 2008 
3.3.300 - Automobile Parking Standards 
B. Vehicle Parking - Minimum Accessible Parking 
1. Accessible parking shall be provided for all uses in accordance the standards in Table 
3.3.300B; parking spaces used to meet the standards in Table 3.3.300B shall be counted 
toward meeting off-street parking requirements in Table 3.3.300A; 
2. Such parking shall be located in close proximity to building entrances and shall be 
designed to permit occupants of vehicles to reach the entrance on an unobstructed path or 
walkway; 
3. Accessible spaces shall be grouped in pairs where possible; 
4. Where covered parking is provided, covered accessible spaces shall be provided in the 
same ratio as covered non-accessible spaces; 
5. Required accessible parking spaces shall be identified with signs and pavement markings 
identifying them as reserved for persons with disabilities; signs shall be posted directly in 
front of the parking space at a height of no less than 42 inches and no more than 72 
inches above pavement level. Van spaces shall be specifically identified as such. 
Table 3.3.300B - Minimum Number of Accessible Parking Spaces 
Source: ADA Standards for Accessible Design 4.1.2(5) 
Total Number of 
Parking Spaces 
Provided (per lot) 
Total Minimum 
Number of Accessible 
Parking Spaces (with 
60" access aisle, or 
96" aisle for vans*) 
Van Accessible 
Parking Spaces with 
min. 96" wide 
access aisle 
Accessible Parking Spaces 
with min. 60" wide access 
aisle 
1 to 25 
Column A 
1 1 0 
26 to 50 2 1 1 
51 to 75 3 1 2 
76 to 100 4 1 3 
101 to 150 5 1 4 
151 to 200 6 1 5 
201 to 300 7 1 6 
301 to 400 8 1 7 
401 to 500 9 2 7 
501 to 1000 2% of total parking 
provided in each lot 
1/8 of Column A** 7/8 of Column A*** 
1001 20 plus 1 for each 
100 over 1000 
1/8 of Column A** 7/8 of Column A*** 
*vans and cars may share access aisles 
**one out of every 8 accessible spaces ***7 out of every 8 accessible parking spaces 
City of Silverton 
Zoning and Development Code 
3-31 City Council Approved 
October 6, 2008 
3.3.300 - Automobile Parking Standards 
On-Street Parking. On-street parking shall conform to the following standards: 
1. Dimensions. The following constitutes one on-street parking space: 
a. Parallel parking, each twenty-two (22) feet of uninterrupted curb; 
b. diagonal (45-60 degree) parking, each with twelve (12) feet of curb; 
c. 90-degree (perpendicular) parking, each with nine (9) feet of curb. 
2. Location. When approved through Land Use Review or Design Review, as applicable, 
on-street parking may be counted toward the minimum standards in Table 3.3.300A when 
it is on the block face abutting the subject site. An on-street parking space must not 
obstruct a required clear vision area and its must not violate any law or street standard. 
3. Public Use Required for Credit. On-street parking spaces counted toward meeting the 
parking requirements of a specific use may not be used exclusively by that use, but shall 
be available for general public use at all times. Signs or other actions that limit general 
public use of on-street spaces are prohibited. 
D. Shared parking. Required parking facilities for two (2) or more uses, structures, or parcels 
of land may be satisfied by the same parking facilities used jointly, to the extent that the 
owners or operators show that the need for parking facilities does not materially overlap 
(e.g., uses primarily of a daytime versus nighttime nature; weekday uses versus weekend 
uses), and provided that the right of joint use is evidenced by a recorded deed, lease, contract, 
or similar written instrument establishing the joint use. The City may approve owner requests 
for shared parking through Land Use Review or Design Review, as applicable. 
E. Off-site parking. Except for single-family dwellings, the vehicle parking spaces required by 
this Chapter may be located on another parcel of land, provided the parcel is within 500 feet 
of the use it serves and the City has approved the off-site parking through Land Use Review 
or Design Review, as applicable. The distance from the parking area to the use shall be 
measured from the nearest parking space to a building entrance, following a sidewalk or 
other pedestrian route. The right to use the off-site parking must be evidenced by a recorded 
deed, lease, easement, or similar written instrument. 
F. General Parking Standards. 
1. Location. Parking is allowed only on streets, within garages, carports, and other 
structures, or on driveways or parking lots that have been designed and developed in 
conformance with this code. Article 2, Land Use Districts, prescribes parking location 
for some land uses (e.g., the requirement that parking for some multiple family and 
commercial developments be located to side or rear of buildings), and Chapter 3.1, 
Access and Circulation, provides design standards for driveways. Street parking spaces 
shall not include space in a vehicle travel lane (including emergency or fire access lanes), 
public right-of-way, pedestrian accessway, landscape, or other undesignated area. 
2. Mixed uses. If more than one type of land use occupies a single structure or parcel of 
land, the total requirements for off-street automobile parking shall be the sum of the 
City of Silverton 
Zoning and Development Code 
3-32 City Council Approved 
October 6, 2008 
3.3.300 - Automobile Parking Standards 
requirements for all uses, unless it can be shown that the peak parking demands are less 
(i.e., the uses operate on different days or at different times of the day). The City may 
reduce the total parking required accordingly through Land Use Review or Design 
Review, as applicable. 
3. Availability of facilities. Owners of off-street parking facilities may post a sign 
indicating that such off-street parking, or portions thereof, is available only for residents, 
customers, and/or employees. 
4. Lighting. Parking areas shall have lighting to provide not less than two (2) foot-candles 
of illumination over walkways leading to and from parking area. Similar lighting should 
be provided over parking areas but complete illumination of parking spaces at two (2) 
foot candles is not required. Light standards shall be directed downward only and 
shielded to prevent lighting spillover into any adjacent residential district or use and to 
prevent light pollution in the night sky. 
5. Screening of Parking Areas. Parking spaces shall be located or screened so that 
headlights do not shine onto adjacent residential uses, per Section 3.2.300E. 
G. Parking Stall Design and Minimum Dimensions. All off-street parking spaces shall be 
improved to conform to City standards for surfacing, stormwater management, and striping. 
Standard parking spaces shall conform to the following standards and the dimensions in 
Figures 3.3.300F(1) and (2), and Table 3.3.300F: 
1. Motor vehicle parking spaces shall measure nine (9) feet wide by eighteen (18) feet long 
or by sixteen (16) feet long, with not more than a two (2) foot overhang when allowed; 
2. All parallel motor vehicle parking spaces shall measure eight (8) feet wide by twenty-two 
(22) feet; 
3. Parking area layout shall conform to the dimensions in Figure 3.3.300F(1) and (2), and 
Table 3.3.300F, below; 
4. Not more than 20% of the total parking spaces in a parking lot may be designated for 
compact cars and shall measure eight (8) feet wide by sixteen (16) feet long. Such spaces 
must be signed and or the space painted with "Compact Car Only." 
5. Parking areas shall conform to Americans With Disabilities Act (ADA) standards for 
parking spaces (dimensions, van accessible parking spaces, etc.). Parking structure 
vertical clearance, van accessible parking spaces, should refer to Federal ADA 
guidelines; and 
6. Bicycle parking shall be on a two (2) feet by six (6) feet minimum concrete pad per bike, 
or within a garage or patio of residential use. 
City of Silverton 
Zoning and Development Code 
3-33 City Council Approved 
October 6, 2008 
3.3.3GG - Automobile Parking Standards 
Figure 3.3.300F(1) - Parking Area Layout 
Table 3.3.300F - Parking Area Layout 
Standard 
Space 
(See Figure 
3.3.300F(2) 
for ADA 
space 
requirements) 
PARKIN 
G 
ANGLE 
< o 
CURB 
LENGTH 
STALL DEPTH AISLE WIDTH BAY WIDTH 
STRIPE 
LENGTH SINGLE 
D1 
DOUBLE 
D2 
ONE 
WAY 
A1 
TWO 
WAY 
A2 
ONE 
WAY 
B1 
TWO 
WAY 
B2 
90o 
Compact 
9' 
B' 
1B' 
16' 
6 ' 
2 ' 
3
3 
3 ' 
3 ' 
2
2 
23' 
23' 
59' 
55' 
59' 
55' 
1B' 
16' 
60o 10' 20' 40' 17' 1B' 57' 5B' 23' 
45o 12' 1 B'-6" 37' 13' 1B' 50' 55' 26'-6" 
30o 17' 16'-6" 33' 12' 1B' 45' 51' 32'-B" 
0o 22' B' 16' 12' 1B' 2B' 34' B' 
< o 
° 36' 
32' 
23' 
23' 
 
Important cross-references: 
See also, Article 2, Land Use District standards, for parking location requirements for some multifamily and 
commercial land uses; Chapter 3.1, Access and Circulation, for driveway standards; and Chapter 3.2, Landscaping. 
City of Silverton 
Zoning and Development Code 
3-34 City Council Approved 
October 6, 2008 
3.3.400 - Bicycle Parking 
3.3.400 Bicycle Parking Requirements 
Except for single family dwellings and duplex dwellings, all uses that are subject to Land Use 
Review or Site Design Review, as applicable, shall provide bicycle parking, in conformance with 
the standards in Table 3.3.400, and subsections A-I, below. 
A. Minimum Required Bicycle Parking Spaces. Uses must provide bicycle parking spaces, as 
designated in Table 3.3.400. Where two options are provided (e.g., 2 spaces, or 1 per 8 
bedrooms), the option resulting in more bicycle parking is used. 
Use Categories Specific Uses Number of Spaces (near building entry) 
Residential Categories 
Multi-Family Dwellings 
(3 or more units) Multifamily 2, or 1 space per units 
Group Living 
Group Living 2 or 1 space per every 2 bedrooms 
Dormitory 1 per 2 bedrooms 
Commercial Categories 
Retail Sales And Service 
Retail Sales And Service 2, or 1 space per every 10 automobiles spaces required 
Lodging 2, or 1 per every 10 automobiles 
Office 2, or 1 space per every 10 automobiles spaces required 
Commercial Outdoor Recreation 8, or 1 per 10 auto spaces 
Major Event Entertainment 8, or 1 per 20 seats or per CU review 
Industrial Categories 
Manufacturing And Production 2, or 1 per every 10 automobile spaces required. 
Warehouse And Freight Movement 2, or 1 per floor area 
Institutional Categories 
Basic Utilities Bus transit center 8 
City of Silverton 
Zoning and Development Code 
3-35 City Council Approved 
October 6, 2008 
3.3.400 - Bicycle Parking 
Use Categories Specific Uses Number of Spaces (near building entry) 
Community Service 
Community Service 2, or 1 per every 10 required automobile spaces 
Park and ride 8 
Parks (active recreation areas 
only) 8, or per CU review 
Schools 
Grades 2-5 1 per classroom, or per CU review 
Grades 6-12 4 per classroom, or per CU review 
Colleges 
Excluding dormitories 
(see Group Living, 
above) 
2, or 4 per classroom, or per 
CU review 
Medical Centers 
2, or 1 per 10 required 
automobile spaces, or per CU 
review 
Religious Institutions and Places of 
Worship 
2, or 1 per 10 required 
automobile spaces 
Daycare 2, or 1 per 2,000 sq. ft. of net building area 
Other Categories 
Other Categories 
Determined through Land 
Use Review, Site Design 
Review or CU Review, as 
applicable 
B. Exemptions. This Section does not apply to single-family and duplex dwellings, home 
occupations, agriculture and livestock uses. 
C. Long Term Bicycle Parking. Long term bicycle parking (covered or enclosed) may be used 
to fulfill bicycle parking requirements. 
D. Location. Bicycle parking when located outside the building it is intended to serve must be 
no farther from the main building entrance than the distance to the closest vehicle space, or 
fifty (50) feet, whichever is less. 
E. Visibility and Security. Bicycle parking for customers and visitors of a use must be visible 
from street sidewalks or building entrances, so that it provides sufficient security from theft 
and damage. 
F. Design Options. Bicycle parking requirements for multiple family uses and employee 
parking can be met by providing a bicycle storage room, bicycle lockers, racks, or other 
secure storage space inside or outside of the building. For example, covered bicycle parking 
City of Silverton 
Zoning and Development Code 
3-36 City Council Approved 
October 6, 2008 
3.3.400 - Bicycle Parking 
may be under a stairway, projecting walls, or roof overhangs. Bicycle parking, when allowed 
within a public right-of-way, must conform to the City of Silverton's Public Works Design 
Standards. 
1. Bike racks must be securely anchored to the ground, wall or other structure. 
2. Racks for required bicycle parking spaces shall ensure that bicycles may be locked to 
them without undue inconvenience. Provision of bicycle lockers for long-term 
(employee) parking is encouraged but not required. 
3. Bicycle parking spaces shall be at least 2 feet wide by 6 feet long and when covered, have 
a vertical clearance of 7 feet. An access aisle of at least 5 feet in width shall be provided 
and maintained beside or between each row of bicycle parking. 
4. Each parking space must be accessible without moving another bicycle. 
G. Lighting. For security, outdoor bicycle parking shall be at least as well lit as primary 
building entrances and vehicle parking areas. 
H. Reserved Areas. Areas designated for bicycle parking shall be clearly marked and reserved 
for bicycle parking only, for example, with appropriate signage or pavement stenciling. 
I. Hazards. Bicycle parking shall not impede or create a hazard to pedestrians. Parking areas 
shall be located so as to not conflict with vision clearance standards (Chapter 3.1). 
City of Silverton 
Zoning and Development Code 
3-37 City Council Approved 
October 6, 2008 
3.3.500 - Loading Areas 
3.3.500 Loading Areas. 
A. Purpose. The purpose of this section of the Code is to provide standards for a minimum 
number of off-street loading spaces that will ensure adequate loading areas for large uses 
and developments, and to ensure that the appearance of loading areas is consistent with 
that of parking areas. 
B. Applicability. Section 3.3.500 applies to residential multi-family projects with fifty (50) 
or more dwelling units, and non-residential and mixed-use buildings with 20,000 square 
feet or more total floor area. 
C. Number of Loading Spaces. 
1. Multi-Family Residential Buildings. Buildings where all of the floor area is in 
residential use shall meet the following standards: 
a. Fewer than fifty (50) dwelling units on a site that abuts a local street: No loading 
spaces are required. 
b. All other buildings: One (1) space per 50 units. 
2. Non-residential and mixed-use buildings. Buildings where any floor area is in non-
residential uses shall meet the following standards: 
a. Less than 20,000 square feet total floor area: No loading spaces required. 
b. 20,000 to 50,000 square feet of total floor area: One (1) loading space. 
c. More than 50,000 square feet of total floor area: Two (2) loading spaces. 
D. Size of Spaces. Required loading spaces shall be at least thirty-five (35) feet long and 
ten (10) feet wide, and shall have a height clearance of at least thirteen (13) feet. 
E. Placement, setbacks, and landscaping. Loading areas shall conform to the setback and 
perimeter landscaping standards in Articles 2 and 3. Where parking areas are prohibited 
between a building and the street, loading areas are also prohibited. In the Downtown 
Commercial (DC) and Downtown Commercial Fringe (DCF) districts, the reviewing 
body may approve a loading area adjacent to or within the street right-of-way through 
Design Review or Conditional Use review, as applicable, where it finds that loading and 
unloading operations are short in duration (i.e., less than one hour), do not obstruct traffic 
during peak traffic hours, and do not interfere with emergency response services. 
City of Silverton 
Zoning and Development Code 
3-38 City Council Approved 
October 6, 2008 
Chapter 3.4 — Public Facilities 
Sections: 
3.4.010 Purpose and Applicability 
3.4.100 Transportation Standards 
3.4.200 Public Use Areas 
3.4.300 Sanitary Sewers, Water, Street Lights, and Fire Protection 
3.4.400 Storm Drainage and Erosion Control 
3.4.500 Sidewalks 
3.4.600 Utilities 
3.4.700 Construction Plan Approval and Assurances 
3.4.800 Installation 
3.4.900 Easements 
3.4.010 Purpose and Applicability 
A. Purpose. Chapter 3.4 provides general development standards and approval criteria for 
public improvements. The code incorporates by reference the city's public facility master 
plans, including plans for domestic water, sanitary sewer, storm drainage, parks, and 
transportation. The code also incorporates by reference Silverton's Public Works Design 
Standards. Chapter 3.4 is intended to provide minimum requirements for public facilities. It 
is not intended to duplicate or replace the design standards contained the above documents. 
B. When Standards Apply. Development may occur only upon the City of Silverton 
reviewing and approving all proposed public facilities, finding it in conformance with 
requirements established in this Chapter. 
C. Engineering Design Criteria, Standard Specifications and Details. Unless otherwise 
provided herein, construction, reconstruction, and repair of public facilities in the City of 
Silverton, including but not limited to transportation facilities, water, sanitary sewer, storm 
drainage, parks, and other facilities, shall occur only in accordance with the City of Silverton 
Public Works Design Standards. The Design Standard's specifications, standards, and details 
are hereby incorporated into this Code by reference. 
D. Conditions of Development Approval. Development shall not occur until all required 
public facilities are in place or guaranteed, in conformance with the provisions of this Code 
and the City's Design Standards. Improvements required as a condition of development 
approval, when not voluntarily accepted by the applicant, must be roughly proportional to the 
impact of the development on public facilities. Findings in the development approval must 
indicate how the required improvements are directly related and roughly proportional to the 
impact of development. 
City of Silverton 
Zoning and Development Code 
3-39 City Council Approved 
October 6, 2008 
3.4.100 - Transportation Standards 
3.4.100 Transportation Standards 
A. Development Standards. The following standards shall be met for all new uses and 
developments: 
1. All new lots created, consolidated, or modified through a land division, partition, lot line 
adjustment, lot consolidation, or street vacation must have frontage or approved access to 
a public street, except as specifically allowed through a Planned Development approval 
under Chapter 4.5 or as provided for flag lots under Chapter 4.3 Land Divisions. 
2. Streets within or abutting a development shall be fully improved in accordance with the 
Transportation System Plan and the Design Standards. Three-quarter-street 
improvements may be accepted only when requiring a full-width street improvement can 
not be justified based on the proportionate impact of the development on the 
transportation system, as approved by the Public Works Director. Where a less than full 
street is allowed, the minimum total paved width shall not be less than twenty-eight (28) 
feet to provide for two travel lanes and bicycle lanes, unless otherwise approval by the 
Public Works Director. 
3. Development of new streets, and additional street width or improvements planned as a 
portion of an existing street, shall be improved in accordance with this Section, and 
public streets shall be dedicated to the applicable road authority. 
4. When development occurs with frontage on a substandard right-of-way and right-of-way 
dedication is not required as part of the development, the setback for the new 
development shall be calculated based on the anticipated future right-of-way. 
5. All new streets and drives shall be paved in accordance with Design Standards. 
B. Guarantee. The City may accept a future improvement guarantee in lieu of street 
improvements if the following conditions exist: 
1. Due to the developed condition of adjacent properties it is unlikely that street 
improvements would be extended in the near future and deferring the improvement 
associated with the project under review does not, by itself, reduce street safety or 
capacity; and 
2. Deferral of the improvement, or a part of the improvement, does not create a potential 
safety hazard to motorists, bicyclists, or pedestrians; and 
3. Deferral of the improvement does not preclude future improvements in conformance with 
City plans; OR 
4. The improvement is not roughly proportional to the proposed development; and 
City of Silverton 
Zoning and Development Code 
3-40 City Council Approved 
October 6, 2008 
3.4.100 - Transportation Standards 
5. The applicant has not voluntarily agreed to complete the street improvements with 
proposed development. 
C. Creation of Rights-of-Way for Streets and Related Purposes. Streets shall be created 
through the approval and recording of a final subdivision or partition plat; except the City 
may approve the creation of a street by acceptance of a deed, provided that the street is 
deemed in the public interest by the City Council for the purpose of implementing the 
Transportation System Plan, and the deeded right-of-way conforms to the standards of this 
Code. 
D. Creation of Access Easements. The City may approve an access easement when the 
easement is necessary to provide for access and circulation in conformance with Chapter 3.1, 
Access and Circulation. Access easements shall be created and maintained in accordance 
with applicable provisions of the Uniform Fire Code. 
E. Street Location, Width, and Grade. The location, width and grade of all streets shall 
conform to the Transportation System Plan and an approved street plan or subdivision plat. 
Street location and design shall be determined in relation to existing and planned streets, 
topographic conditions, public convenience and safety, and in appropriate relation to the 
proposed use of the land to be served by such streets as follows: 
1. Street grades shall be approved by the Public Works Director in accordance with the 
Design Standards; and 
2. Where the location of a street is not shown in an existing street plan, the location of 
streets in a development shall either: 
a. Provide for the continuation and connection of existing streets in the surrounding 
areas, conforming to the street standards of this Section, or 
b. Conform to a street plan adopted by the City if it is impractical to connect with 
existing street patterns because of particular topographical or other existing 
conditions of the land. Such a plan shall be based on the type of land use to be 
served, the volume of traffic, the capacity of adjoining streets, and the need for public 
convenience and safety. 
F. Minimum Rights-of-Way and Street Sections. Street rights-of-way and improvements 
must conform to the standards and specification of the Transportation System Plan and 
Design Standards. Where a range of right-of-way or roadway width is indicated, the width 
shall be the narrower in the range unless unique and specific conditions exists as determined 
by the reviewing body based upon the following factors: 
1. Street classification in the Transportation System Plan 
2. Anticipated traffic generation 
3. On-street parking needs 
4. Sidewalk and bikeway requirements based on anticipated level of use 
City of Silverton 
Zoning and Development Code 
3-41 City Council Approved 
October 6, 2008 
3.4.100 - Transportation Standards 
5. Requirements for placement of utilities 
6. Street lighting 
7. Minimize drainage, slope, and sensitive lands impacts 
8. Street tree location, as provided for in Chapter 3.2 
9. Protection of significant vegetation, as provided for in Chapter 3.2 
10. Safety and comfort for motorists, bicyclists, and pedestrians 
11. Street furnishings (e.g., benches, lighting, bus shelters, etc.), when provided 
12. Access needs for emergency vehicles and 
13. Transition between different street widths (i.e., existing streets and new streets). 
G. Subdivision Street Connectivity. All subdivisions shall conform to all the following access 
and circulation design standards, as applicable: 
1. Connectivity to Abutting Lands. The street system of proposed subdivisions shall be 
designed to connect with existing, proposed, and planned streets outside of the 
subdivision as provided in this Section. Wherever a proposed development abuts 
unplatted land or a future development phase of the same development, street stubs shall 
be provided to allow access to future abutting subdivisions and to logically extend the 
street system into the surrounding area. All street stubs shall be provided with a 
temporary turn-around unless specifically exempted by the Fire Marshal, and the 
restoration and extension of the street shall be the responsibility of any future developer 
of the abutting land. 
2. When Abutting an Arterial Street. Property access to abutting arterials shall be 
minimized. Where such access is necessary, shared driveways may be required in 
conformance with Section 3.1.200. If vehicle access off a secondary street is possible, 
then the road authority may prohibit access to the arterial. 
3. Continuation of Streets. Planned streets shall connect with surrounding streets to permit 
the convenient movement of traffic between residential neighborhoods and to facilitate 
emergency access and evacuation. Connections shall be designed to meet or exceed the 
standards in subsection 4, below, and to avoid or minimize through traffic on local 
streets. Appropriate design and traffic control and traffic calming measures, as provided 
in subsection H, below, are the preferred means of discouraging through traffic. 
4. Street Connectivity and Formation of Blocks. In order to promote efficient vehicular and 
pedestrian circulation throughout the city, subdivisions and site developments of more 
than two (2) acres shall be served by a connecting network of public streets and/or 
pedestrian access ways, in accordance with the following standards (minimum and 
maximum distances between two streets or a street and its nearest accessway): 
a. Residential Districts: Minimum of 100-foot block length and maximum 600-foot 
length maximum with a desired block length of 500 feet. 
b. Downtown Commercial and Downtown Commercial Fringe Districts: Block lengths 
shall be consistent with the existing town plat, as of [effective date of this Code] 
City of Silverton 
Zoning and Development Code 
3-42 City Council Approved 
October 6, 2008 
3.4.100 - Transportation Standards 
c. General Commercial District: Minimum of 100-foot block length and maximum 600-
foot length; 
d. Not applicable to the Industrial Districts 
Figure 3.4.100G - Street Connectivity and Formation of Blocks 
5. Pedestrian Accessway Standards. Where it is impractical to make a street connection in 
conformance with the standards in subsection 4, a pedestrian accessway must be provided 
at or near the middle of a block in lieu of the street connection, as generally shown in 
Figure 3.4.100G. The City may also require developers to provide an accessway where a 
cul-de-sac or other street is planned and the accessway would connect the streets or 
provide a connection to other developments. Such accessways shall conform to all of the 
following standards: 
a. Accessways shall be no less than twenty (20) feet wide with a minimum eight-foot 
(8') wide paved surface or wider if utilities are provided, and located within a right-
of-way or easement allowing public access and, as applicable, emergency vehicle 
access 
b. If the streets within the subdivision or neighborhood are lighted, accessways in the 
subdivision must also be lighted. Accessway lighting must provide at least two (2)-
City of Silverton 
Zoning and Development Code 
3-43 City Council Approved 
October 6, 2008 
3.4.100 - Transportation Standards 
foot candles of illumination. Light standards shall be directed downward only and 
shielded to prevent lighting spillover and to prevent light pollution in the night sky. 
c. A right-of-way or public access easement provided in accordance with subsection a 
that is less than twenty (20) feet wide may be allowed on steep slopes where the 
decision body finds that stairs, ramps, or switch-back paths are necessary. 
d. Accessways must be wheelchair accessible except where existing topography 
precludes access, and 
e. The City may require landscaping and fences as part of the required accessway 
improvement to buffer pedestrians from adjacent vehicles, or to screen accessways 
from view of adjacent residences. 
H. Traffic Signals and Traffic Calming Features. 
1. Traffic signals shall be required with development when traffic signal warrants are met, 
in conformance with the Highway Capacity Manual and Manual of Uniform Traffic 
Control Devices. Where a proposed development results in an immediate need for a 
traffic signal, a signal meeting approved specifications shall be installed in conformance 
with the roadway authority's requirements prior to occupancy of the development. The 
developer's cost and the timing of improvements maybe partially reimbursable through 
system development charge credits or other reimbursement approved by the Public 
Works Director. 
2. When an intersection meets or is projected to meet traffic signal warrants, the City may 
accept alternative mitigation, such as a roundabout, in lieu of a traffic signal, if approved 
by the Public Works Director and applicable road authority if different than the City. 
3. The City may require the installation of traffic calming features such as curb extensions, 
reduced street width (parking on one side), medians with pedestrian crossing refuges, 
traffic tables or other features to reduce vehicle speeds in neighborhoods and other areas 
with high pedestrian use. 
I. Future Street Plan and Extension of Streets. 
1. A future street plan shall be filed by the applicant in conjunction with an application for a 
subdivision in order to facilitate orderly development. The plan must show the pattern of 
existing and proposed future streets from the boundaries of the proposed land division 
and include other divisible parcels within 600 feet surrounding and adjacent to the subject 
site. The street plan is not binding; rather it is intended to show potential future street 
extensions with future development 
2. Streets shall be extended to the boundary lines of the parcel or tract to be developed when 
the City determines that the extension is necessary to give street access to, or permit a 
satisfactory future division of, adjoining land. The point where the streets temporarily 
end shall conform to a-d, below: 
City of Silverton 
Zoning and Development Code 
3-44 City Council Approved 
October 6, 2008 
3.4.100 - Transportation Standards 
a. These extended streets or street stubs to adjoining properties are not considered to be 
cul-de-sacs since they are intended to continue as through streets when the adjoining 
property is developed. 
b. A temporary barricade approved by the Public Works Director shall be constructed at 
the end of the street by the subdivider and shall not be removed until authorized by 
the City or other applicable agency with jurisdiction over the street. The cost of the 
barricade shall be included in the street construction cost. 
c. Temporary street ends must provide turnarounds constructed to Uniform Fire Code 
standards for streets over 150 feet in length. See also, Section 3.1.200. 
d. A one (1) foot wide reserve strip shall be required to be dedicated to the City at the 
terminus of the stub street. 
J. Street Alignment and Design. The alignment, design and construction of all streets, 
including vehicle and bicycling travel lanes, bus pullouts and waiting areas, sidewalks, 
planter strips, tree wells, street furnishings, driveway approaches (dimensions, spacing, 
access limitations), intersections, grades, horizontal and vertical curves, cul de sacs, and 
other improvements, shall conform to the City of Silverton Design Standards. 
K. Streets Adjacent to Railroad Right-of-Way. When a transportation improvement is 
proposed within 300 feet of a public railroad crossing, or a modification is proposed to an 
existing public crossing, the Oregon Department of Transportation and the rail service 
provider shall be notified and given an opportunity to comment. Private crossing 
improvements are subject to review and licensing by the rail service provider. 
L. Development Adjoining Arterial Streets. Where a development adjoins or is crossed by an 
existing or proposed arterial street, residential access shall be separated from through traffic 
and designed to minimize traffic conflicts. (See also, the access requirements under Section 
3.1.200.) The reviewing body may require one or more of the following improvements to 
ensure the continued operational safety of the transportation system and land use 
compatibility: 
1. A parallel access street (frontage road) along the arterial street with a landscape median 
separating the two streets 
2. Deep lots (120 feet or greater) abutting the arterial street to provide at least ten (10) feet 
of landscape buffering along the arterial, provided vehicle access is from a secondary 
street. Where a secondary street is not available and direct access to the arterial is 
necessary, such lots shall combine and share driveways 
3. Screen planting within a non-access reservation (e.g., public easement or tract) of not less 
than ten (10) feet in width at the rear or side property line along the arterial 
4. Other treatment approved by the City that is consistent with the intent of this Section. 
City of Silverton 
Zoning and Development Code 
3-45 City Council Approved 
October 6, 2008 
3.4.100 - Transportation Standards 
M. Private Streets. Private streets are permitted solely within Manufactured Home Parks when 
the review body determines that public streets are not needed to provide for circulation 
and/or access to neighboring properties. 
N. Street Names. The developer shall submit proposed street names to the City of Silverton 
Community Development Department for review and submittal to the Marion County Road 
Naming Committee for approval prior to recording final plat. No new street name shall be 
used that duplicates or could be confused with the name of an existing street in the vicinity. 
Street names, signs, and numbers shall conform to the established pattern in the surrounding 
area, except as requested by emergency service providers. 
O. Survey Monuments. Upon completion of public improvements and prior to acceptance by 
the City, it shall be the responsibility of the developer's registered professional land surveyor 
to establish survey monuments in accordance with City and Marion County Standards and 
provide certification to the Public Works Director of all public improvements and as-builts. 
P. Street Signs. All street signs must be reviewed and approved by the Public Works 
Department or other roadway authority, as applicable, before they are installed. The 
developer is responsible for the cost of all signs required in development. Street name signs 
shall be installed at all street intersections. Stop signs and other signs may also be required. 
Q. Mail Boxes. Plans for mail boxes must be approved by the United States Postal Service and 
the Public Works Department prior to installation. 
R. Street Light Standards. Street lights must be reviewed and approved by the Public Works 
Department prior to installation. 
S. Street Cross-Sections. Cross sections shall conform to the City of Silverton Public Works 
Design Standards. The final lift of asphalt or concrete pavement shall be placed on all new 
constructed public roadways prior to final City acceptance of the roadway unless otherwise 
approved by the Public Works Director. 
T. Alley Standards. Use of alleys may be considered as part of residential neighborhood 
design. A narrower minor local street (28-foot paved surface) will be allowed with alley 
access because the alley will reduce some of the parking and access functions usually found 
on the frontage street. To the maximum extent possible, all private utilities must be located in 
the alley and curb cuts will not be permitted along the frontage street. The standard 6-foot 
planter strip and 5-foot setback sidewalks are required along the frontage street. Alleys shall 
be consistent with the city's Public Works Design Standards, paved with a dustless surface 
(i.e. concrete or asphaltic concrete), and shall follow the general development standards 
governing streets. As an incentive, lots with alley access may be up to 1,000 square feet 
smaller than the standard minimum lot size of the zone. 
City of Silverton 
Zoning and Development Code 
3-46 City Council Approved 
October 6, 2008 
3.4.200 - Public Use Area 
3.4.200 Public Use (Park) Areas 
A. Dedication of Public Use (Park) Areas. 
1. The availability of park land and open space is a critical element in maintaining and 
improving the quality of life in Silverton. All new development that results in the 
creation of new residential dwelling units (subdivisions, partitions, planned unit 
developments, multi-family developments, manufactured home parks, etc) are required to 
provide through payment and/or dedication public use areas (such as parks, playgrounds, 
community centers, trails, etc.) based on the City's most current Parks and Recreation 
Master Plan. 
2. Where a proposed park, playground, or other public use area shown in a plan adopted by 
the City is located in whole or in part in a subdivision, planned unit development and/or 
other development proposal, the City may require the dedication and/or reservation 
and/or improvement thereof for public use (parks, playgrounds, trails, etc.) purposes 
provided that the impact of the development on the City park system is roughly 
proportionate to the dedication/reservation/improvement being required. However, the 
City is under no obligation to accept such areas or improvements offered for dedication 
or sale. 
3. The amount of land and park improvements, when required, shall be proportionate to the 
impact the development will have in generating park need based on the number of 
proposed dwelling units. All required improvements shall conform to the level of service 
standards identified in the City Silverton's most current Parks Master Plan and as refined 
adopted by the Parks and Recreation System Development Charges (SDC) Methodology. 
The 2008 Park and Recreation Master Plan estimating and 2030 population of 14,400 and 
need for 115.25 acres of new park lands (based on 8 acres of neighborhood park and 
community park land per 1,000 population), 20 acres of new natural areas, 13,467 lineal 
feet of trails, and other improvements (community center, swimming pool, etc), to serve 
the new need. (Note: This amount of needed land does not address the existing 
deficiencies since improvement fee SDC's may only be used for growth needs.) The 
required park land dedication is in addition to any street tree planter strips, storm water 
facilities, or other open space improvements that may be donated or otherwise required. 
4. Any required park land dedication and/or improvements in excess of the proportionate 
share impact of the development shall be eligible for reimbursement. The city may 
accept a cash payment (also known as a System Development Charge) in lieu of park 
land dedication and/or improvement where it finds that due to location, size, or other 
considerations that the proposed a land and/or improvements would not provide suitable 
park facilities. 
5. The Silverton City Council may permit a non-City (public or private) entity to own and 
manage the park area required in subsection 3, provided that the City and park provider 
shall first enter into a legal agreement assuring that City residents will have public access 
to the park. The agreement, at a minimum, shall also describe the types of park uses and 
City of Silverton 
Zoning and Development Code 
3-47 City Council Approved 
October 6, 2008 
3.4.200 - Public Use Area 
facilities that are to be provided, park operating hours, and ongoing maintenance 
responsibilities. All property taxes are the responsibility of the property owner. 
6. Land that been required to meet park needs shall be dedicated to the City or if it is to be 
owned by a public or private entity then the City Council shall approve of the alternative 
ownership and legal documents, acceptable to the City Attorney shall be provided that 
assure public access, park operating hours, and ongoing maintenance responsibilities. 
7. Dedication Procedures. Prior to approval of the final plat, the developer shall dedicate 
land as previously determined by the City in conjunction with approval of the tentative 
plan. Dedication of land in conjunction with multi-family development (when there is no 
final plat) shall be required prior to the issuance of permits and commencement of 
construction. 
a. Prior to acceptance of required park land dedications, the applicant/developer 
shall complete the following items for all proposed dedication areas: 
1. The developer shall clear, fill and/or grade all land to the satisfaction of the 
city, install sidewalks on the park land adjacent to any street and seed the park 
land; and 
2. The developer shall submit a Phase 1 Environmental Site Assessment 
completed by a qualified professional according to the American society of 
Testing and Materials standards (ASTM 1527). The results of this study shall 
reflect a clean environmental record. 
b. Additional Requirements: 
1. In addition to a formal dedication on the plat to be recorded, the subdivider 
shall convey the required lands to the City by general warranty deed. The 
developer of a multi-family development or manufactured home park shall 
deed the lands required to be dedicated by a general warranty deed. In any of 
the above situations, the land so dedicated and deeded shall not be subject to 
any reservations of record, encumbrances of any kind or easements which, in 
the opinion of the Director, will interfere with the use of the land for park, 
open space, or recreational purposes. 
2. Where any reservations, encumbrances, or easements exist, the City may 
require payment in lieu of dedication of lands unless it chooses to accept the 
land subject to the encumbrances. 
c. Phased Development. In a phased development, the required park land shall be 
dedicated prior to approval of the final plat for the first phase. Improvements to 
the land as required by 3.4.200 7.a..1 shall be made prior to approval of the final 
plat for the phase that includes the park land. 
City of Silverton 
Zoning and Development Code 
3-48 City Council Approved 
October 6, 2008 
3.4.200 - Public Use Area 
8. Cash in Lieu of Dedication. At the City's discretion, the City may accept cash payment 
in lieu of land dedication. The amount of the cash payment shall be set by the City 
Council by resolution and shall be based on the Parks and Recreation System 
Development Charges (SDC) Methodology Update Report. The fee shall be paid prior to 
the signing of the final plat or with multi-family development (when there is no final plat) 
payment shall be required prior to the issuance of permits and prior to the commencement 
of construction. 
B. System Development Charge Credit. Dedication of land or facilities to the City for parks, 
voluntary or otherwise, may be eligible for credit toward any required system development 
charge for parks. 
City of Silverton 
Zoning and Development Code 
3-49 City Council Approved 
October 6, 2008 
3.4.300 - Sanitary Sewer, Water, Street Lights and Fire Protection 
3.4.300 Sanitary Sewers, Water, Street Lights and Fire Protection. 
A. Sanitary Sewer, Storm Drainage and Water System Improvements. Sanitary sewer 
system and water system improvements shall be installed with new development in 
accordance with the City's Sanitary Sewer Master Plan, Water System Master Plan, and 
Public Works Design Standards. When streets are required to be stubbed to the edge of the 
subdivision, sewer and water system improvements shall also be stubbed with the streets, 
except where the Public Works Director finds that future extension is not practical due to 
topography or other constraints. 
B. Plan Approval. Development permits for sewer and water system improvements shall not 
be issued until the Public Works Director has approved all sanitary sewer and water plans in 
conformance with City standards. 
C. Over-Sizing Facilities. The City may require as a condition of development approval that 
sewer and water systems serving new development be sized to accommodate future 
development within the area as projected by the applicable Water and Sewer Master Plans 
and Public Works Design Standards. Oversizing of facilities may be eligible for credit toward 
system development charges. 
D. Street Lights. Street lights shall be provided in all developments within the City and shall be 
provided in accordance with City's Design Standards. The reviewing body may add street 
lights at other locations and authorize specific exceptions to the above priorities when 
necessary in order to enhance the public safety and welfare. 
E. Fire Protection. Developers shall provide third party verification of existing and proposed 
water service mains and hydrant flow supporting the development site. Hydrant flow 
analyses and plans for hydrants and water service mains shall be subject to review and 
approval by the Fire Marshal as part of the development review process. 
F. Inadequate Facilities. Development may only occur where existing or proposed public 
facilities are adequate to serve the site as required per Section 3.4.300.A above. If services 
do not meet these standards, service upgrades may be required or the development permits 
may be restricted by the City. Deficiencies in the existing water or sewer system that cannot 
be rectified by the development and that if not rectified will result in a threat to public health 
or safety, surcharging of existing mains, or violations of state or federal standards pertaining 
to operation of domestic water or sewerage treatment systems will not be approved. 
City of Silverton 
Zoning and Development Code 
3-50 City Council Approved 
October 6, 2008 
3.4.400 - Storm Drainage and Erosion Control 
3.4.400 Storm Drainage and Erosion Control 
A. General Provisions. The City shall issue a development permit only where adequate 
provisions for storm water runoff and erosion control have been made in conformance with 
the City of Silverton Storm Drainage Master Plan and Public Works Design Standards. 
B. Accommodation of Upstream Drainage. Culverts and other drainage facilities shall be 
large enough to accommodate existing stormwater. Such facilities shall be subject to review 
and approval by the Public Works Director. 
C. Effect on Downstream Drainage. Where it is anticipated by the Public Works Director that 
the additional runoff resulting from the development will overload an existing drainage 
facility, the City shall withhold approval of the development until provisions have been made 
for improvement of the potential condition or until provisions have been made for storage of 
additional runoff caused by the development. Storm water detention and/or retention 
facilities, including water quality treatment, may be required in conformance with City 
standards. 
D. Over-Sizing. The City may require as a condition of development approval that storm 
drainage systems serving new development be sized to accommodate future development 
within the area as projected by the applicable Storm Drainage Master Plan. Over-sizing of 
facilities may be eligible for credit towards SDC's. 
E. Existing Watercourse. Where a proposed development is traversed by a watercourse, 
drainage way, channel, or stream, there shall be provided a storm water easement or drainage 
right-of-way conforming substantially to the lines of such watercourse and such further width 
as will be adequate for conveyance and maintenance to protect the public health and safety. 
F. Erosion Control. Specific erosion control measures shall be designed, installed and 
monitored in conformance with the City's Design Standards. City-approved erosion control 
measures must be in place prior to, during and after construction activities for projects that 
disturb one (1) or more acres of land over a period of time. A National Pollution Discharge 
Elimination System (NPDES) Permit must be obtained from the Department of 
Environmental Quality prior to the issuance of a development permit or land use permit. 
G. Detention. All required storm water detention must provide for the 25-year storm event. 
Detention shall be located in underground facilities or if above ground detention is utilized, it 
shall be with the review and approval of the Public Works Director. 
City of Silverton 
Zoning and Development Code 
3-51 City Council Approved 
October 6, 2008 
3.4.500 - Sidewalks 
3.4.500 Sidewalks 
A. Requirement. Sidewalks shall be constructed on all public streets in the City by the owners 
of property next adjacent thereto. As such, sidewalks shall be constructed in accordance with 
the specification hereinafter provided. All development for which land use applications are 
required must include sidewalks adjacent to public streets. This requirement also applies to 
new single-family houses and duplexes if they are located on arterial or collector streets or on 
curbed local streets if there is an existing sidewalk within 500 feet on the same side of the 
street. 
In the case of arterial or collector streets, sidewalks shall be built during their construction 
and considered during their reconstruction. This provision shall also apply to local streets that 
serve commercial and multi-family development. Sidewalks are required on both sides of all 
streets except in "Hillside Developments" and "Mini-Subdivisions. If an interim street 
standard is being constructed which does not include bike lanes or sidewalks, interim 
bikeways or walkways for pedestrians shall be provided through construction of paved 
roadway shoulders at least 8 feet in width on arterials and 6 feet on other streets. 
B. Specifications for Construction. Specifications for the construction of the various kinds of 
walks provided for have been made by the City Engineer and filed in the office of the City 
Recorder, which specifications are hereby especially referred to and by reference are made a 
part hereof; provided however, that changes may be made in such specifications by the City 
Council at any time, and when so made and approved and filed in the office of the City 
Recorder, such changed or amended specifications shall become a part hereof the same as 
though such specifications were now on file in the office of the City Recorder. 
C. Mid-block Requirements. In the case of blocks greater than 500 feet in length, the review 
body shall require mid-block pedestrian walks and/or bikeways on a right-of-way at least 20 
feet in width with a minimum eight-foot (8') wide paved surface. All walkways or bikeways 
between streets shall be subject to the requirements of the Public Works Director. 
D. Design, Width, and Location. All sidewalks must be constructed, replaced or repaired in 
accordance with the Silverton Transportation system Plan and the Standard Construction 
Specifications. The required width and location of sidewalks is as follows: 
1. The required width for a sidewalk on an arterial or collector street is six (6) feet. This 
width may be reduced to five (5) feet if the sidewalk is separated from the curb by a 
landscaped planter strip at least five feet wide. In those instances where there is 
inadequate right-of-way for additional width and no additional right-of-way can be 
obtained as a condition of development approval, the sidewalk width may be reduced to 
five (5) feet. In all cases, any right-of-way remaining outside the sidewalk is to be 
landscaped and maintained by the adjoining property owner. 
2. Sidewalks along residential and other local streets must be a minimum of five (5) feet in 
width. Street trees shall be selected from the list of approved street trees established by 
the City. Other tree species may be approved if they have similar qualities as those on the 
list. The planter strip shall be of permeable materials. 
City of Silverton 
Zoning and Development Code 
3-52 City Council Approved 
October 6, 2008 
3.4.500 - Sidewalks 
3. In the Downtown area sidewalks shall be provided consistent with the Silverton 
Downtown Master Plan. 
4. Regardless of other provisions contained in this article, any sidewalk project that is less 
than 200 feet in length and connects on either end to an existing sidewalk may be 
designed to match the existing pattern with the approval of the City Public Works 
Director. 
5. Where obstructions exist or are proposed (including but not limited to mail boxes, utility 
poles, trees, planters, fire hydrants, signs, benches, bus stops, etc.), provisions must be 
made to maintain a minimum of four feet of unobstructed sidewalk width on local streets, 
five feet on collector and arterial streets, and six feet in the Historical Business District. 
6. Maintenance of sidewalks and planter strips shall be the continuing obligation of the 
adjacent property owner. Planter strips shall be landscaped and maintained in like manner 
to the front yard setback requirements of Article 3 - Community Design Standards. 
7. Sidewalks shall be designed to parallel streets in line and grade and shall avoid 
unnecessary meandering from the curb line and elevation changes except as necessary to 
avoid significant trees or traverse topographic barriers. All sidewalks shall be 
constructed to the official City specifications grade and at such lateral grade or slope as 
has been or may be specified in the general specification therefore by the City Engineer. 
Grades shall be furnished without charge to property owners, when applied for, for the 
purpose of constructing sidewalks. 
8. Pedestrian/bike accessways not adjacent to a public street shall be a minimum of twenty 
(20) feet wide and dedicated to the public. The accessway improvement shall be a 
minimum eight-foot (8') wide paved surface and shall be provided with pedestrian scaled 
lighting along the access way. Lighting shall not shine into adjacent residences. Trees 
shall be provided within the dedicated accessway in accordance with the requirements of 
Section 3.2. 
E. Conformance to Street Grades. All sidewalks constructed adjacent to a street must be 
placed upon the street grade as established at the time of sidewalk construction. If a space is 
left between the property line and the sidewalk and/or between the sidewalk and the curb, the 
space shall be filled and surfaced with earth or other approved material level with the 
sidewalk. Grade shall be furnished without charge to property owners, when applied for, for 
the purpose of constructing sidewalks. 
F. Timing of Sidewalk Construction. Sidewalk construction may be deferred until the 
proposed improvement on the property is completed. No occupancy permit shall be issued by 
the Building Official for a development until the provisions of this Article are satisfied. The 
Public Works Director shall require a future improvement assurance (as described in Section 
3.4.700) when, in his opinion, the construction of the sidewalk is impractical for one or more 
of the following reasons: 
City of Silverton 
Zoning and Development Code 
3-53 City Council Approved 
October 6, 2008 
3.4.500 - Sidewalks 
1. In the case of all property other than industrial: 
a. The street is not improved with curbs. 
b. Forthcoming installation of public utilities or street paving would be likely to cause 
severe damage to the new sidewalk, 
c. Street right-of-way is insufficient to accommodate a sidewalk on one or both sides of 
the street, 
d. Topography or elevation of the sidewalk base area makes construction of a sidewalk 
impractical or economically infeasible. 
e. The location is not on a designated collector or arterial street. 
f. Less than seventy (70) percent of the property frontage is developed with sidewalks 
along that side of the block, except in the case of a new or developing subdivision in 
which case, sidewalks shall not be deferred. 
2. In the case of industrial property: 
a. The frontage considered for the deferral is not on a major pedestrian route to a school, 
shopping center, park, church, or other pedestrian traffic generator, as determined by 
the Public Works Director, 
3. The deferral of the sidewalk construction does not pose a threat to the welfare and safety 
of the public based upon a review of the pedestrian/vehicular traffic, the width and 
condition of the street, and of the one street parking. 
4. Whenever the construction of a sidewalk has been deferred, the property owner shall 
unless otherwise allowed by the Public Works Director or his/her designee: 
a. Grade and slope the area to the future sidewalk grade; 
b. Avoid planting trees in the sidewalk area, or building fences, retaining walls, steps, or 
other impediments to the future sidewalk; and 
c. Note on the plans for the development that a deferment has been granted but that 
sidewalk construction may be ordered by the City Council at any time. 
5. Sidewalk construction, which has been deferred pursuant to this Section may be initiated 
by resolution of the City Council. 
City of Silverton 
Zoning and Development Code 
3-54 City Council Approved 
October 6, 2008 
3.4.600 - Utilities 
3.4.600 Utilities 
A. Underground Utilities. 
1. Generally. All new utility lines including, but not limited to, those required for electric, 
communication, lighting, and cable television services and similar facilities shall be 
placed underground, except for surface mounted transformers, surface mounted 
connection boxes and meter cabinets which may be placed above ground, temporary 
utility service facilities during construction, and high capacity electric lines operating at 
50,000 volts or above, subject to review and approval by the Public Works Director. 
2. Subdivisions. The following additional standards apply to all new subdivisions, in order 
to facilitate underground placement of utilities: 
a. The developer shall make all necessary arrangements with the serving utility to 
provide the underground services. Care shall be taken to ensure that all above ground 
equipment does not obstruct required vision clearance areas. 
b. The City reserves the right to approve the location of all surface-mounted facilities 
c. All underground utilities, including sanitary sewers and storm drains installed in 
streets by the developer, shall be constructed prior to the surfacing of the streets; and 
d. Stubs for service connections shall be sufficient in length to avoid disturbing the 
street improvements when service connections are made. 
B. Exception to Undergrounding Requirement. The standard applies only to proposed 
subdivisions. Exceptions to the undergrounding requirement may be granted by the Public 
Works Director due to physical constraints, such as steep topography, sensitive lands or 
existing development conditions that make undergrounding impractical. 
City of Silverton 
Zoning and Development Code 
3-55 City Council Approved 
October 6, 2008 
3.4.700 - Construction Plan Approval and Assurances 
3.4.700 Construction Plan Approval and Assurances. 
A. Plan Approval and Permit. No public improvements, including sanitary sewers, storm 
sewers, streets, sidewalks, curbs, lighting, parks, or other requirements shall be undertaken 
except after the plans have been approved by the City, permit fee paid, and permit issued. 
The permit fee is required to defray the cost and expenses incurred by the City for 
construction and other services in connection with the improvement. The permit fee shall be 
set by City Council. 
B. Performance Guarantee. The City may require the developer or subdivider to provide 
assurance, bonding or other performance guarantees to ensure completion of required public 
improvements. See Chapter 4.2, Design Review, and Chapter 4.3, Land Divisions. 
1. The assurance shall contain the time within which the obligation is to be met. It may take 
the form of a surety or performance bond, cash, a negotiable security deposit, a mutual 
improvement agreement, a monetary contribution to a fund for future improvements if 
established by a separate city ordinance or other guarantees approved by the City 
Attorney sufficient to cover the cost of the work as estimated by the City. The bond shall 
be conditioned upon the developer's carrying out the obligation and fulfilling the other 
requirements of this Title that bear on the approval of the development. The deposit or 
bond shall be forfeited to the City if the developer does not fulfill the requirements. The 
bond or deposit shall remain in the custody of the City until the obligation is completed 
or the bond or deposit is forfeited, or shall be placed in an escrow account subject to City 
control. 
2. If the Public Works Director finds that a developer is not fulfilling an obligation, the 
Director shall, in written notice to the developer and the developer's surety, specify the 
details of noncompliance. Unless the Public Works Director allows more time for 
compliance because of circumstances beyond the developer's control, within 30 days 
after receiving the notice, the developer or the developer's surety shall commence the 
compliance and proceed diligently to complete fulfillment of the obligation. 
a. If the developer or the developer's surety does not commence the compliance within 
the 30 days or the additional time allowed by the Public Works Director, or has so 
commenced but fails diligently to complete the compliance, or the compliance is 
otherwise not completed within the time specified in granting the development 
approval, the City may take the following action: 
1. Enter upon the site of the development and carry out the obligation in accordance 
with the provisions agreed upon under the acknowledgement. 
2. Notify the developer and the developer's surety of the developer's failure to 
perform as required by this Code. 
3. Demand payment from the developer for the unfulfilled obligation. 
4. If the security for the obligation is a bond, notify the surety that has furnished the 
bond that reimbursement for the expense for fulfillment of the obligation is due 
City of Silverton 
Zoning and Development Code 
3-56 City Council Approved 
October 6, 2008 
3.4.700 - Construction Plan Approval and Assurances 
and payable to the City or, if the security is a deposit of cash or other assets, 
appropriate as much of the deposit as is necessary to recoup the expense. 
5. Void all approvals granted in reliance on the improvement assurance. 
b. If a bond or other required security is not sufficient to compensate the City for expenses 
necessary to fulfill the obligation, the amount due to the City for the obligation is a lien 
in favor of the City and upon the entire contiguous real property of the owner of the 
land subject to the obligation. 
c. The lien attaches upon the filing with the City Recorder of notice of the claim for the 
amount due for the fulfillment of the obligation. The notice shall demand the amount 
due, allege the insufficiency of the bond or other security to compensate the City fully 
for the expense of the fulfillment of the obligation, and allege the developer's failure to 
do the required obligation. 
d. The lien may be foreclosed in the manner prescribed by law for foreclosing other liens 
on real property. 
e. The remedies set forth for non-compliance are cumulative. In addition to the remedies 
set forth above, non-compliance by the developer or his surety with any term of a 
performance guarantee shall entitle the city to pursue any civil remedy permitted by 
law. 
C. Petition for Improvement/Waiver of Remonstrance. Existing single family residential lot 
of record and lots created be a land partition may be developed provided the lots are subject 
to a Petition for Improvement/Waiver of Remonstrance for a future assessment district for 
the lacking public facilities as determined and approved by the Public Works Director in 
consultation with the Silverton Fire District 
City of Silverton 
Zoning and Development Code 
3-57 City Council Approved 
October 6, 2008 
3.4.800 - Installation 
3.4.800 Installation 
A. Conformance Required. Improvements installed by the developer either as a requirement 
of these regulations or at his/her own option, shall conform to the requirements of this 
Chapter, approved construction plans, and to improvement standards and specifications 
adopted by the City. 
B. Adopted Installation Standards. The Standard Specifications for Public Works 
Construction, Oregon Chapter A.P.W.A., are hereby incorporated by reference; other 
standards may also be required upon recommendation of the Public Works Director. 
C. City Inspection. Improvements shall be constructed under the inspection and to the 
satisfaction of the City. The City may require minor changes in typical sections and details if 
unusual conditions arising during construction warrant such changes in the public interest. 
Modifications to the approved design requested by the developer may be subject to review 
under Chapter 4.6, Modifications to Approved Plans and Conditions of Approval. Any 
monuments that are disturbed before all improvements are completed by the subdivider shall 
be replaced prior to final acceptance of the improvements. 
D. Engineer's Certification and As-Built Plans. A registered civil engineer shall provide 
written certification in a form required by the City that all improvements, workmanship, and 
materials are in accordance with current and standard engineering and construction practices, 
conform to approved plans and conditions of approval, and are of high grade, prior to City 
acceptance of the public improvements, or any portion thereof, for operation and 
maintenance. The developer's engineer shall also provide two (2) sets of "as-built" plans, in 
conformance with Design Standards specifications, for permanent filing with the City. 
3.4.900 Easements. 
A. Provision. The developer is responsible for making arrangements with the City, the 
applicable district, and each utility franchise for the provision and dedication of utility 
easements necessary to provide full services to the development. Public main line utility 
easements shall conform to City specification. See the Design Standards. 
B. Recordation. As determined by the Public Works Director, all easements facilities required 
under Chapter 3.4 shall be recorded after final acceptance of public improvements. See also, 
Chapter 4.3, Land Divisions. 
City of Silverton 
Zoning and Development Code 
3-58 City Council Approved 
October 6, 2008 
3.5 - Historic Landmarks 
Chapter 3.5 —Historic Landmarks 
Sections: 
3.5.100 Purpose 
3.5.200 Historic Landmark Commission 
3.5.300 Historic Resources Inventory 
3.5.400 Designated Landmarks Register 
3.5.500 Historic Design Review 
3.5.600 Historic Relocations and Demolitions 
3.5.700 Exclusions 
3.5.800 Appeals 
3.5.100 Purpose 
The City recognizes that certain significant historic resources located within its boundaries 
contribute to the unique character of the community and are irreplaceable, and as such, merit 
preservation. This ordinance establishes an Historic Landmark Commission; a program for the 
identification, evaluation, and designation of historic resources as landmarks, and; a process for 
assisting in the perpetuation of these resources through review of alteration, moving or 
demolition of Designated Historic Landmarks, Contributing Historic Resources, and Historic 
Resources of Statewide Significance. 
3.5.200 Historic Landmark Commission 
A. The Mayor and City Council shall appoint a five-member (5) Historic Landmark 
Commission ("Commission") to carry out the provisions of this ordinance. The membership 
criteria, term of service, election of officers, number of frequency of meetings, staff support 
for the commission, and roles and responsibilities of the commission are as provided in 
Ordinance #06-25. 
B. A simple majority of the seated members of the Commission shall constitute a quorum to 
conduct official business. 
C. In the event that it is not feasible to constitute a separate commission, either due to the lack 
of interested or qualified members or due to concerns by the Council regarding the 
administrative burden a separate commission might require, the Silverton Planning 
Commission shall assume the role of the Historic Landmark Commission for the City of 
Silverton. 
D. Employing the procedures and criteria in Section 3.5.300, the Commission shall periodically 
identify, evaluate, and re-evaluate the historic resources of the City and maintain an accurate 
Inventory of Historic Resources. 
City of Silverton 
Zoning and Development Code 
3-57 City Council Approved 
October 6, 2008 
3.5 - Historic Landmarks 
E. Employing the procedures and criteria in Section 3.5.400 of this ordinance, the Commission 
shall periodically revise the Designated Landmarks Register of the City by adding or deleting 
properties. 
F. Employing the procedures and criteria in Sections 3.5.500 through 3.5.700, the Commission 
shall review and act upon applications for the alteration, relocation, or demolition of 
Designated Landmarks, or the major exterior alteration, relocation, or demolition of Historic 
Resources of Statewide Significance. 
G. The Commission shall advise and make policy recommendations to the Silverton City 
Council on matters relating to historic preservation; and shall make an annual report in 
writing to the Silverton City Council on its activities, and its projected activities for the 
following twelve months. 
H. Nothing in the above section shall conflict or supersede with the duties and responsibilities 
assigned to the Silverton Planning Commission. 
3.5.300 Historic Resources Inventory 
A. The Commission shall determine and periodically revise priorities for the identification and 
evaluation of historic resources. 
B. The Commission shall develop or adopt a system, based on historic integrity and 
significance, for evaluating historic resources. The system shall rank surveyed historic 
resources as eligible, potentially eligible, or ineligible for listing on the Designated 
Landmarks Register. Owners of surveyed properties will be notified of these findings. 
C. Documentation of properties in the Inventory of Historic Resources shall be on forms 
compatible with the Statewide Inventory of Historic Properties, and upon completion, copies 
of the forms shall be supplied to the State Historic Preservation Office. 
D. Documentation of properties in the Inventory of Historic Resources is an administrative 
function of the Community Development Department that does not require a land use 
decision 
3.5.400 Designated Landmarks Register 
A. Properties listed on the National Register of Historic Places, including all properties within 
National Register Historic District boundaries, are automatically listed on the Designated 
Landmarks Register. As Historic Resources of Statewide Significance, all such properties 
are subject to the regulations in Sections 3.5.500 and 3.5.600 regardless of their listing on the 
Designated Landmarks Register, pursuant to Oregon Administrative Rules. However, only 
properties listed on the Designated Landmarks Register shall be eligible for public incentives 
and code considerations pursuant to this ordinance. 
B. Any individual or group, including the Commission acting on its own initiative, may 
nominate a historic resource for inclusion on or removal from the Designated Landmarks 
City of Silverton 
Zoning and Development Code 
3-58 City Council Approved 
October 6, 2008 
3.5 - Historic Landmarks 
Register by submitting a complete application to the Commission. The burden of proof lies 
with the applicant. No property shall be so designated without the written consent of the 
owner or, in the case of multiple ownerships, a majority of the owners. 
C. The Commission shall establish standards for a complete application. Upon acceptance of a 
complete application, the Commission shall review the application using a Type III 
procedure under Section 4.1.400. 
D. In order to be included or maintained on the Designated Landmarks Register the Commission 
must find that the historic resource is over fifty (50) years of age or of extraordinary historic 
importance, and possess sufficient historic integrity, and; 
1. Is associated with events that have made a significant contribution to the broad patterns 
of local, state, or national history; or 
2. Is associated with the lives of persons, or groups of people, significant in local, state, or 
national history; or 
3. Embodies the distinctive characteristics of an architectural type, style, period, or method 
of construction or that represents the work of a master, or that possesses high artistic 
values, or that represents a significant and distinguishable entity whose components may 
lack individual distinction; or 
4. Has yielded or is likely to yield information which is important in local, state, or national 
history. 
E. The Commission shall develop findings to support its decisions. These findings shall 
indicate those elements of a property, including interior landscape, architecture, and 
archaeological features, that are included in the designation and subject to regulation under 
the provisions of this ordinance. 
3.5.500 Historic Design Review 
A. Alterations or new construction of a designated landmark, contributing historic resource, or a 
historic resource of statewide significance are subject to Historic Design Review unless 
exempted by Subsection B, below. 
B. Exempt from Historic Design Review. The following activities shall be exempt from historic 
design review: 
1. Normal repair and maintenance other than change of façade color where exterior material 
or color is specifically listed in the National Register nomination as an attribute that 
contributes to the resource's historic value; 
2. Changes that do not require a building permit, design review permit, sign permit, or other 
permit from the City and that will not alter the exterior material of a historic resource. 
3. Changes of exterior paint color unless the exterior color was specifically listed in the 
National Register nomination as an attribute that contributes to the resource's historic 
value; or 
City of Silverton 
Zoning and Development Code 
3-59 City Council Approved 
October 6, 2008 
3.5 - Historic Landmarks 
4. Changes in landscaping unless the landscaping is identified in the National Register of 
Historic Places nomination as an attribute that contributes to the resources historic value; 
5. Parking lot landscaping that meets the standards of Chapter 3.2 and does not involve the 
installation of a wall or fence; 
C. The following activities shall require staff level Historic Design Review through a Type I or 
Type II procedure (Sections 4.1.200-4.1.300), as applicable: 
1. Exterior alterations or renovations to elevation(s) facing an interior or rear property line 
or that are not otherwise visible from the adjacent public right-of-way(s). 
2. Additions to the building that are not visible from the public right-of-way(s) and do not 
change the building footprint, height, volume or massing as seen from the adjacent public 
right-of-way(s). 
3. Restoration of historic features using materials and techniques that are similar to those 
used in the original construction or that will substantially replicate the original when such 
materials or techniques are not available. 
4. In-kind replacement of doors, windows, siding and other architectural features that are 
visible from the adjacent public right-of-way(s). 
5. Uncovered or covered rear deck additions not visible from the adjacent public right-of-
way(s). 
6. Construction of a detached accessory structure with 460 square feet or less of floor area 
when the accessory structure is at least 40 feet from a front property line. 
7. Installation of new or replacement awnings. 
8. Signs less than 15 square feet. Consultation with the Landmarks Commission will occur 
for all signs greater than 15 square feet in area. 
D. The following activities shall require Historic Design Review through a Type III procedure 
(Section 4.1.400). A public hearing before the Historic Landmark Commission is required: 
1. Exterior alterations, renovations, or additions to elevation(s) facing a public right-of-
way(s) or that are visible from the public right-of-way(s) that result in an increase in 
building footprint, height, volume, or massing. 
2. Construction of a new building(s) or placement of a relocated structure(s) on an historic 
site. 
3. Restoration of historic features using materials and techniques that are dissimilar to those 
used in the original construction or that will substantially deviate from the original 
construction in terms of style, design, or character. 
4. Changes of exterior paint color from a paint color that was specifically listed in the 
National Register nomination as an attribute that contributes to the resource's historic 
value. 
City of Silverton 
Zoning and Development Code 
3-60 City Council Approved 
October 6, 2008 
3.5 - Historic Landmarks 
5. Relocation of a historic building. 
6. Public art. 
7. Covered or uncovered rear deck additions that are visible from the adjacent public right-
of-way^). 
8. Construction of a detached accessory structure with greater than 460 square feet of area 
or when the accessory structure is less than 40 feet from a front property line. 
E. At a minimum an application for Historic Design Review shall include: 
1. Materials as required for Design Review under Chapter 4.2. 
2. Documentation from the historic resources inventory. 
3. Narrative description of proposed alteration to the historic resource. 
4. Other materials as deemed necessary by the Community Development Director to assist 
in Historic Design Review. 
F. Upon acceptance of a complete application staff shall process the request through a Type I or 
Type II procedure (Sections 4.1.200 or 4.1.300) or schedule a public hearing before the 
Landmark Commission pursuant to Section 4.1.400. 
G. Where an application requires Design Review under Chapter 4.2 (e.g., modification to a non-
historic parking lot) and Historic Design Review by the Landmark Commission (e.g., 
modification to an historic structure), the Commission may serve as the reviewing body for 
both requests. Alternatively, separate hearings before the Planning Commission and 
Landmark Commission may be required, with the Landmark Commission's review limited to 
historic elements of the project. The Community Development Director shall have discretion 
in determining the applicable reviewing body based on the size and scope of the project, and 
consistent with the criteria in Chapters 3.5 and 4.2. 
H. The burden of proof lies with the applicant. Applications for Historic Design Review may be 
approved, approved with conditions, or denied. Conditions imposed by the Landmark 
Commission are binding on all permits issued pursuant to City codes. 
I. In order to approve historic design review applications, the reviewing body must find that the 
proposal meets the following standards: 
1. A property shall be used as it was historically or be given a new use that requires minimal 
change to its distinctive materials, features, spaces, and spatial relationships. 
2. The historic character of a property shall be retained and preserved. The relocation of 
distinctive materials or alteration of features, spaces, and spatial relationships that 
characterize a property shall be avoided. 
3. A property shall be recognized as a physical record of its time, place, and use. Changes 
that create a false sense of historical development, such as adding conjectural features or 
elements from other historic properties, shall not be undertaken. 
City of Silverton 
Zoning and Development Code 
3-61 City Council Approved 
October 6, 2008 
3.5 - Historic Landmarks 
4. Changes to a property that have acquired historic significance in their own right shall be 
retained and preserved. 
5. Distinctive materials, features, finishes, and construction techniques or examples of 
craftsmanship that characterize a property shall be preserved. 
6. Deteriorated historic features shall be repaired rather than replaced. Where the severity 
of deterioration requires replacement of a distinctive feature, the new feature shall match 
the old in design, color, texture, and, where possible, materials. Replacement of missing 
features shall be substantiated by documentary and physical evidence. 
7. Chemical and physical treatments, if appropriate, shall be undertaken using the gentlest 
means possible. Treatments that cause damage to historic materials shall not be used. 
8. Archeological resources shall be protected and preserved in place. If such resources must 
be disturbed, mitigation measures shall be undertaken, 
9. New additions, exterior alterations, or related new construction shall not destroy historic 
materials, features, and spatial relationships that characterize the property. The new work 
shall be differentiated from the old and shall be compatible with the historic materials, 
features, size, scale and proportions, and massing to protect the integrity of the property 
and its environment. 
10. New additions, exterior alterations, or related new construction shall be undertaken in 
such a manner that, if removed in the future, the essential form and integrity of the 
historic property and its environment would be unimpaired. 
3.5.600 Historic Relocations and Demolitions 
A. Applications for the relocation or demolition of a designated landmark or historic resource of 
statewide significance shall be considered in a public hearing by the Landmark Commission 
following a Type III procedure (Section 4.1.400). In order for the Commission to approve 
the relocation or demolition, it must find that: 
1. No prudent and feasible alternative exists, or 
2. The designated property is deteriorated beyond repair, or 
3. The value to the community of the proposed use if the property outweighs the value of 
retaining the designated landmark or historic resource of statewide significance. 
B. At the hearing for an application to relocate or demolish a designated landmark or historic 
resource of statewide significance the Commission may, in the interest of exploring 
reasonable alternatives, delay issuance of a demolition permit for up to 90 days from the date 
of the hearing. If, ten days prior to the expiration of the delay period the Commission finds 
that there are still reasonable alternatives to explore, it may apply to the Silverton City 
Council for permission to continue the delay for an additional period of up to 90 days. 
C. In approving an application for the demolition of a designated landmark or historic resource 
of statewide significance, the Commission may impose the following conditions: 
City of Silverton 
Zoning and Development Code 
3-62 City Council Approved 
October 6, 2008 
3.5 - Historic Landmarks 
1. Photographic, video, or drawn recordation of the property to be demolished, and/or 
2. Salvage and creation of significant elements, and/or 
3. Other reasonable mitigation measures. 
3.5.700 Exclusions 
A. No provision of this ordinance shall be construed to prevent the ordinary or emergency repair 
or maintenance of a designated landmark or historic resource of statewide significance, when 
such action does not involve a change in design, materials, or appearance. 
B. No provision in this ordinance shall be construed to prevent the alteration, demolition, or 
relocation of a designated landmark or historic resource of statewide significance, when the 
Building Official certified that such action is required for public safety. 
3.5.800 Appeals 
A. Appeals of Historic Design Review decisions by staff are referred to the Landmark 
Commission for a public hearing under Section 4.1.300G. 
B. Decisions of the Landmark Commission can be appealed to the Silverton City Council, as 
provided under Section 4.1.300G. Decisions of the Silverton City Council can be appealed 
to the Land Use Board of Appeals. 
City of Silverton 
Zoning and Development Code 
3-63 City Council Approved 
October 6, 2008 
Article 4 - Administration of Land Use and Development 
Chapters: 
4.1 Types of Review Procedures 4-5 
4.1.100 Purpose and Applicability of Review Procedures 4-5 
4.1.200 Type I Procedure (Ministerial) 4-8 
4.1.300 Type II Procedure (Limited Land Use Decisions) 4-9 
4.1.400 Type III Procedure (Quasi-Judicial) 4-14 
4.1.500 Type IV Procedure (Legislative) 4-23 
4.1.600 General Provisions Applicable to All Reviews 4-29 
4.1.700 Reserved 4-35 
4.1.800 Neighborhood Contact 4-36 
4.1.900 Traffic Impact Studies 4-37 
4.2 Land Use Review and Design Review 4-38 
4.2.100 Purpose 4-38 
4.2.200 Applicability 4-38 
4.2.300 Land Use Review Procedure and Review Criteria 4-41 
4.2.400 Design Review - Application Review Procedure 4-41 
4.2.500 Design Review - Application Submission Requirements 4-42 
4.2.510 Design Review - Adjustments (Performance Option) 4-46 
4.2.600 Review Criteria - Design Review 4-47 
4.2.700 Bonding and Assurances 4-47 
4.2.800 Development in Accordance With Permit Approval; 4-48 
Modifications; Permit Expiration 
4.3 Land Divisions and Property Line Adjustments 4-51 
4.3.100 Purpose 4-51 
4.3.110 General Requirements 4-52 
4.3.112 Pre-planning for Large Sites 4-53 
4.3.115 Flexible Lot Size; Flag Lots; Mini-Subdivisions 4-55 
4.3.120 Preliminary Plat Approval Process 4-57 
4.3.130 Preliminary Plat Submission Requirements 4-59 
4.3.140 Review Criteria: Preliminary Plat 4-62 
4.3.150 Variances Authorized 4-63 
4.3.160 Final Plat Submission Requirements and Review Criteria 4-64 
4.3.170 Public Improvements Required 4-65 
City of Silverton 
Zoning and Development Code 
3-1 City Council Approved 
October 6, 2008 
4.1 - Types of Applications and Review Procedures 
4.3.180 Performance Guarantee 4-65 
4.3.190 Filing and Recording 4-66 
4.3.200 Re-platting and Vacation of Plats 4-66 
4.3.210 Property Line Adjustments 4-68 
4.4 Conditional Uses 4-70 
4.4.100 Conditional Uses - Purpose 4-70 
4.4.200 Conditional Uses - Approvals Process 4-70 
4.4.300 Conditional Uses - Application Submission Requirements 4-70 
4.4.400 Conditional Uses - Criteria, Standards and Conditions of Approval 4-71 
4.4.500 Conditional Uses - Additional Development Standards 4-73 
4.5 Planned Developments 4-74 
4.5.100 Planned Development - Purpose 4-74 
4.5.110 Planned Development - Applicability 4-75 
4.5.120 Planned Development - Review and Approvals Process 4-75 
4.5.130 Planned Development - Modification of District 4-75 
Standards (Article 2) and Design Standards (Article 3) 
4.5.140 Planned Development - Concept Plan Submission 4-76 
4.5.150 Planned Development - Concept Plan Review criteria 4-77 
4.5.160 Planned Development - Administrative Procedures 4-78 
4.5.170 Planned Development - Detailed Development Plan Submission 4-79 
Requirements 
4.5.180 Planned Development - Detailed Development Plan Review Criteria 4-79 
4.5.190 Planned Development - Land Use Review, Design Review, 4-80 
Final Plat, and Building Permit Approvals 
4.5.200 Nullification of an approved Planned Development 4-81 
4.6 Modifications to Approved Plans and Conditions 4-82 
of Approval 
4.6.100 Modifications - Purpose 4-82 
4.6.200 Modifications - Applicability 4-82 
4.6.300 Major Modifications 4-83 
4.6.400 Minor Modifications 4-85 
4.7 Zoning Map and Development Code Text Amendments 4-86 
4.7.100 Amendments - Purpose 4-86 
4.7.200 Legislative Amendments 4-86 
City of Silverton 
Zoning and Development Code 
4-2 City Council Approved 
October 6, 2008 
4.1 - Types of Applications and Review Procedures 
4.7.300 Quasi-Judicial Amendments 4-87 
4.7.400 Reserved 4-88 
4.7.500 Record of Amendments 4-88 
4.7.600 Transportation Planning Rule Compliance 4-88 
4.8 Code Interpretations 4-89 
4.8.100 Interpretations - Purpose 4-89 
4.8.200 Code Interpretation Procedure 4-89 
4.9 Miscellaneous Permits - Temporary Uses 4-91 
4.9.100 Temporary Use Permits 4-91 
4.9.200 Outdoor Seating Areas within the Public Right-of-Way 4-95 
4.10 Annexations 4-96 
4.10.100 Background 4-96 
4.10.110 Purpose 4-96 
4.10.120 Application and Fee 4-97 
4.10.130 Filing Procedure 4-99 
4.10.140 Review Criteria 4-100 
4.10.150 Annexation Applications Involving Comprehensive 4-101 
Plan Amendments 
4.10.160 Council Initiated Annexation 4-101 
4.10.170 Zoning 4-102 
4.10.180 Annexation Zoning Matrix 4-102 
4.10.190 Action by the Planning Commission 4-102 
4.10.200 Action by the City Council 4-102 
4.10.210 Legal Advertisement of Pending Election 4-102 
4.10.220 Election Procedures 4-103 
4.10.230 Annexation Reports 4-103 
4. 10.240 Effective Date of Annexation 4-103 
4.11 Urban Growth Boundary 4-104 
4.11.100 Purpose 4-104 
4.11.200 Urban Growth Boundary Change 
4.11.300 Simultaneous Urban Growth Boundary Change 4-104 
with Comprehensive Plan Change. 
4.11.400 Initiation of Urban Growth Boundary Change by City Council 4-104 
4.11.500 Initiation of Urban Growth Boundary 4-105 
Change by Planning Commission 
City of Silverton 
Zoning and Development Code 
4-3 City Council Approved 
October 6, 2008 
4.1 - Types of Applications and Review Procedures 
4.11.600 Initiation of Urban Growth Boundary 4-106 
Change by the Marion County Board of Commissioners 
4.11.700 Initiation of Urban Growth Boundary Change by the Petition 4-106 
4.11.800 Criteria to be Used in Considering an 4-107 
Urban Growth Boundary Change 
4.12 Comprehensive Plan Amendments 4-108 
4.12.100 Purpose 4-108 
4.12.200 Frequency of Plan Amendments 4-108 
4.12.300 Procedure 4-108 
4.12.400 Review Criteria 4-108 
4.12.500 Comprehensive Plan Map Corrections 4-109 
4.12.600 Comprehensive Plan Map Reviews 4-110 
4.13 Vacations 4-111 
4.13.100 Purpose 4-111 
4.13.200 Initiation 4-111 
4.13.300 Procedure 4-111 
4.13.400 Review Criteria 4-111 
4.13.500 Zoning of Vacated Right-of-Way 4-112 
4.13.600 Conditions of Approval 4-112 
City of Silverton 
Zoning and Development Code 
4-4 City Council Approved 
October 6, 2008 
Article - 4.1 Types of Review Procedures 
Chapter 4.1 Types of Review Procedures 
Sections: 
4.1.100 Purpose and Applicability of Review Procedures 
4.1.200 Type I Procedure (Ministerial) 
4.1.300 Type II Procedure (Limited Land Use Decisions) 
4.1.400 Type III Procedure (Quasi-Judicial) 
4.1.500 Type IV Procedure (Legislative) 
4.1.600 General Provisions Applicable to All Reviews 
4.1.700 Reserved 
4.1.800 Neighborhood Contact 
4.1.900 Traffic Impact Studies 
4.1.100 Purpose and Applicability of Review Procedures 
A. Purpose. The purpose of this chapter is to establish standard decision-making procedures 
that will enable the City, the applicant, and the public to reasonably review applications and 
participate in the local decision-making process in a timely and effective way. Table 4.1.100 
provides a key for determining the review procedure and the decision-making body for 
particular approvals. 
B. Applicability of Review Procedures. All land use and development permit applications and 
approvals, except building permits, shall be decided by using the procedures contained in this 
chapter. The procedure "type" assigned to each application governs the decision-making 
process for that permit or approval. There are four types of permit/approval procedures: 
Type I, II, III, and IV. These procedures are described in subsections 1-4 below. Table 
4.1.100 lists all of the City's land use and development approvals and their required review 
procedure(s). 
1. Type I Procedure (Administrative). Type I decisions are made by the Community 
Development Director, or someone he or she officially designates, without public notice 
and without a public hearing. The Type I procedure is used when there are clear and 
objective review criteria, and applying City standards and criteria requires no use of 
discretion; 
2. Type II Procedure (Limited Land Use Decision). Type II decisions are made by the 
Community Development Director or designee with public notice, and an opportunity for 
a Planning Commission public hearing if requested. The appeal of a Type II decision 
made by the Planning Commission is heard by City Council; 
3. Type III Procedure (Quasi-Judicial). Type III decisions are made by the Planning 
Commission after a public hearing, with appeals made to the City Council. Type III 
decisions generally use discretionary review criteria. 
City of Silverton 
Zoning and Development Code 
4-5 City Council Approved 
October 6, 2008 
4.1 - Types of Applications and Review Procedures 
4. Type IV Procedure (Legislative). Type IV procedures apply to legislative matters. 
Legislative matters involve the creation, revision, or large-scale implementation of public 
policy (e.g., adoption of land use regulations, zone changes, and comprehensive plan 
amendments that apply to entire districts, not just one property). Type IV matters are 
considered initially by the Planning Commission with final decisions made by the City 
Council. A Type IV hearing may be conducted in a joint meeting of the City Council and 
Planning Commission. 
C. Number of Days. All "days" referenced by this Code are calendar days, unless noted 
otherwise. 
City of Silverton 
Zoning and Development Code 
4-6 City Council Approved 
October 6, 2008 
4.1 - Types of Applications and Review Procedures 
Table 4.1.100 
Summary of Approvals by Type of Review Procedure 
Approvals* Review 
Procedures 
Applicable Regulations 
Access Permit (public street) Type I Chapters 3.1, 4.2, 4.3; Engineering Standards 
Appeal of a Land Use Decision Type III Sections 4.1.300 and 4.1.400 
Building Permit N/A Building Code 
Code Interpretation Type II Chapter 4.8 
Code Amendment Type IV Chapter 4.7 
Comprehensive Plan Amendment Type IV Comprehensive Plan 
Conditional Use Type III Chapter 4.4 
Flood Plain Development Permit Type I/II/III Chapter 2.5 
Planned Development Type III Chapter 4.5 
Modification to Approval Type II/III 
(minor or 
major) 
Chapter 4.6 
Zoning Map Change 
- Quasi-Judicial 
(no plan amendment required) 
- Legislative (plan amendment) 
Type III 
Type IV 
Chapter 4.7 
Chapter 4.7 
Property Line Adjustments and Lot 
Consolidations 
Type II Chapter 4.3 
Lot-of-Record Determination Type I/II Chapter 5.3 
Non-Conforming Use or 
Development Confirmation 
Type I/II Chapter 5.2 
Partition Type II Chapter 4.3 
Land Use Review Type I/II Chapter 4.2, Building Code 
Design Review Type II/III Chapter 4.2 
Subdivision 
- Preliminary Plan 
- Final Plat 
Type III 
Type I 
Chapter 4.3 
Temporary Use Permit Type I/II/III Chapter 4.9 
Annexation Type IV Chapter 4.10 
Urban Growth Boundary Type IV Chapter 4.11 
Comprehensive Plan Amendments Type IV Chapter 4.12 
Vacations Type IV Chapter 4.13 
Variance Type III Chapter 5.1 
Adjustment Type II Chapter 5.1 
* Approvals or permits from other agencies, such as a road authority or state or federal natural resource 
agency, may be required for some actions. The City notifies agencies of requests (Type II, III, and IV 
applications) that may affect their facilities or services. 
City of Silverton 
Zoning and Development Code 
4-7 City Council Approved 
October 6, 2008 
4.1.200 Type I Procedure (Ministerial) 
4.1.200 Type I Procedure (Ministerial) 
A. Application Requirements. 
1. Application Forms. Type I applications shall be made on forms provided by the 
Community Development Director or designee. 
2. Application Requirements. Type I decisions are generally made within thirty (30) days 
of the City receiving a complete application. Type I applications shall: 
a. Include the information requested on the application form; 
b. Address the criteria in sufficient detail for review and action; and 
c. Be filed with the required, non-refundable fee. 
B. Administrative Decision Requirements. The Community Development Director or 
designee's decision shall address all of the review criteria, including applicable requirements 
of any road authority. Based on the criteria and the facts contained within the record, the 
Community Development Director shall approve or deny the requested permit or action. A 
written record of the decision shall be provided to the applicant and kept on file at City Hall. 
C. Final Decision. A Type I decision is the final decision of the City. It cannot be appealed to 
City officials. 
D. Effective Date. A Type I decision is final on the date it is made. 
City of Silverton 
Zoning and Development Code 
4-8 City Council Approved 
October 6, 2008 
4.1.300 - Type II Procedure (Limited Land Use) 
4.1.300 Type II Procedure (Limited Land Use Decisions) 
A. Pre-application Conference. A pre-application conference is required for Type II reviews 
unless waived by the Community Development Director. Pre-application conference 
procedures are in Section 4.1.600. 
B. Application Requirements. 
1. Application Forms. Type II applications shall be made on forms provided by the 
Community Development Director or designee. 
2. Submittal Information. Applications to be reviewed by the Planning Commission must 
be submitted and complete at least forty-five (45) days before the requested Planning 
Commission meeting date. For Staff Reviews, a total of five (5) copies of the application 
shall be submitted. For Planning Commission reviews, an additional seven (7) copies 
shall be submitted after the Community Development Director has deemed the 
application complete: 
a. Include the information requested on the application form; 
b. Be filed with a narrative statement that explains how the application satisfies each 
and all of the relevant criteria and standards in sufficient detail for review and 
decision-making. Note: additional information may be required under the specific 
application requirements for each approval, e.g., Chapters 4.2 (Land Use and Design 
Review), 4.3 (Land Divisions), 4.6 (Modifications), 4.8 (Code Interpretations), and 
4.9 (Miscellaneous Permits); 
c. Be accompanied by the required, non-refundable fee; and 
d. Plans, studies, exhibits, and/or other information as may be required by the 
Community Development Director, to assist the City in making findings under the 
applicable review criteria. 
e. A certified list prepared by a title company or certified by the Marion County Tax 
Assessor's office with the names and addresses of all property owners within 500 feet 
of the subject site 
C. Notice of Application for Type II (Limited Land Use) Decision. 
1. Before making a Type II Limited Land Use Decision, the Community Development 
Director or designee shall mail notice to: 
a. All owners of record of real property within a minimum of 500 feet of the subject 
site; 
City of Silverton 
Zoning and Development Code 
4-9 City Council Approved 
October 6, 2008 
4.1.300 - Type II Procedure (Limited Land Use) 
b. All City-recognized neighborhood groups or associations whose boundaries include 
the site; 
c. Any person who submits a written request to receive a notice; and 
d. Any governmental agency that is entitled to notice under an intergovernmental 
agreement entered into with the City. The City may notify other affected agencies. 
The City shall notify the road authority when there is a proposed development 
abutting or affecting their transportation facility and allow the agency to review, 
comment on, and suggest conditions of approval for the application. 
2. The purpose of the notice is to give nearby property owners and other interested people 
the opportunity to submit written comments about the application before the Type II 
decision is made. The goal of this notice is to invite people to participate early in the 
decision-making process. 
3. Notice of a pending Type II Limited Land Use Decision shall: 
a. Provide a 14-day period for submitting written comments before a decision is made 
on the permit; 
b. List the relevant review criteria by name and number of code sections; 
c. State the place, date and time the comments are due, and the person to whom the 
comments should be addressed; 
d. Include the name and telephone number of a contact person regarding the decision; 
e. Describe the proposal and identify the specific permits or approvals requested; 
f. Describe the street address or other easily understandable reference to the location of 
the site; 
g. State that if any person fails to address the relevant review criteria with enough detail, 
they may not be able to appeal to the Land Use Board of Appeals or Circuit Court on 
that issue. Only comments on the relevant review criteria are considered relevant 
evidence; 
h. State that all evidence relied upon by the Community Development Director or 
designee to make this decision is in the public record, available for public review. 
Copies of this evidence can be obtained at a reasonable cost from the City; 
i. State that after the comment period closes, the Community Development Director or 
designee shall issue a Type II Limited Land Use Decision, and that the decision shall 
be mailed to the applicant and to anyone else who submitted written comments or 
who is otherwise legally entitled to notice; 
City of Silverton 
Zoning and Development Code 
4-10 City Council Approved 
October 6, 2008 
4.1.300 - Type II Procedure (Limited Land Use) 
j. Contain the following notice: "Notice to mortgagee, lien holder, vendor, or seller: 
The City of Silverton Development Code requires that if you receive this notice it 
shall be promptly forwarded to the purchaser." 
D. Type II Decision Requirements. The Community Development Director or designee shall 
make a Type II written decision addressing all of the relevant review criteria and standards. 
Based upon the criteria and standards, and the facts contained within the record, the 
Community Development Director or designee shall approve, approve with conditions, or 
deny the requested permit or action. Alternatively, the Community Development Director, 
and/or the applicant, may refer the application to the Planning Commission for review in a 
public hearing, in which case the review shall follow the Type III procedures in Section 
4.1.400. If the applicant refers the application to a Type III hearing, he or she shall pay the 
fee for a Type III review. 
E. Notice of Decision. 
1. Within five (5) business days after the Community Development Director or designee 
signs the decision, a Notice of Decision shall be sent by mail to: 
a. The applicant and all owners or contract purchasers of record of the site that is the 
subject of the application; 
b. Any person who submits a written request to receive notice, or provides comments 
during the application-review period; 
c. Any City-recognized neighborhood group or association whose boundaries include 
the site; and 
d. Any governmental agency that is entitled to notice under an intergovernmental 
agreement entered into with the City, and other agencies that were notified or 
provided comments during the application review period. 
2. The Community Development Director or designee shall cause an affidavit of mailing the 
notice to be prepared and made a part of the file. The affidavit shall show the date the 
notice was mailed and shall demonstrate that the notice was mailed to the parties above 
and was mailed within the time required by law. 
3. The Type II Notice of Decision shall contain: 
a. A description of the applicant's proposal and the City's decision on the proposal (i.e., 
may be a summary); 
b. The address or other geographic description of the property proposed for 
development, including a map of the property in relation to the surrounding area, 
where applicable; 
City of Silverton 
Zoning and Development Code 
4-11 City Council Approved 
October 6, 2008 
4.1.300 - Type II Procedure (Limited Land Use) 
c. A statement of where the City's decision can be obtained; 
d. The date the decision shall become final, unless appealed; 
e. A statement that all persons entitled to notice may appeal the decision; and 
f. A statement briefly explaining how to file an appeal, the deadline for filing an appeal, 
and where to obtain further information concerning the appeal process. 
F. Final Decision and Effective Date. A Type II administrative decision is final for purposes 
of appeal, when it is mailed by the City. A Type II decision is effective on the day after the 
10 day appeal period expires. If an appeal is filed, the decision is effective when the appeal 
is decided. (See also, subsection G, below.) 
G. Appeal. Appeals of Type II decisions are heard by the Planning Commission or the Historic 
Landmarks Commission, as applicable, and follow the procedures below: 
1. Who may appeal. The following people have legal standing to appeal a Type II decision: 
a. The applicant or owner of the subject property; 
b. Any other person who participated in the proceeding by submitting oral or written 
comments. 
2. Appeal filing procedure. 
a. Notice of appeal. Any person with standing to appeal, as provided in subsection 1, 
above, may appeal a Type II Decision by filing a Notice of Appeal according to the 
following procedures; 
b. Time for filing. A Notice of Appeal shall be filed with the Community Development 
Director or designee within 10 days of the date the Notice of Type II Decision was 
mailed; 
c. Content of notice of appeal. The Notice of Appeal shall contain: 
(1) An identification of the decision being appealed, including the date of the 
decision; 
(2) A statement demonstrating the person filing the Notice of Appeal has standing to 
appeal; 
(3) A statement explaining the specific issues being raised on appeal; 
(4) If the appellant is not the applicant, a statement demonstrating that the appeal 
issues were raised during the comment period; 
(5) Filing fee. 
City of Silverton 
Zoning and Development Code 
4-12 City Council Approved 
October 6, 2008 
4.1.300 - Type II Procedure (Limited Land Use) 
3. Scope of appeal. The appeal of a Type II Decision by a person with standing shall be 
limited to the project proposal; new evidence and arguments may be presented, but the 
specific issues raised in the prior proceedings must also be addressed by the appellant. 
The Review Body may allow additional evidence, testimony or argument concerning any 
relevant standard, criterion, condition, or issue raised in the Notice of Appeal. 
4. Appeal procedures. Type III notice, hearing procedures and decision process shall also 
be used for appeals of Type II decisions, as provided in Sections 4.1.400; 
5. Further Appeal to LUBA. The decision of the Review Body regarding an appeal of a 
Type II Decision is the final decision of the City. The decision of the Review Body on an 
appeal is final and effective on the date it is mailed by the City. The Review Body's 
decision may be appealed to the State Land Use Board of Appeals pursuant to ORS 
197.805 - 197.860. 
City of Silverton 
Zoning and Development Code 
4-13 City Council Approved 
October 6, 2008 
4.1.400 - Types III Procedure (Quasi-Judicial) 
4.1.400 Type III Procedure (Quasi-Judicial) 
A. Pre-application Conference. A pre-application conference is required for all Type III 
applications. The procedures for a pre-application conference are described in 
Section 4.1.600.C. 
B. Application Requirements. 
1. Application forms. Type III applications shall be made on forms provided by the 
Community Development Director or designee; if a Type II application is referred to a 
Type III hearing, either voluntarily by the applicant or staff, or upon appeal, no new 
application is required. 
2. Submittal Information. Type III applications must be submitted and complete at least 
forty-five (45) days before the requested Planning Commission hearing date. For the 
initial Staff Review, a total of five (5) copies of the application shall be submitted. An 
additional seven (7) copies shall be submitted after the Community Development 
Director has deemed the application complete. All Type III applications shall: 
a. Include the information requested on the application form; 
b. Contain plans, exhibits, studies, and/or other information as required by the 
Community Development Director, in order to assist the City in making findings 
under the applicable review criteria. 
c. Be filed with a narrative statement that explains how the application satisfies each 
and all of the relevant criteria and standards in sufficient detail for review and 
decision-making. Note: additional information may be required under the specific 
application requirements for each approval, e.g., Chapters 4.2 (Land Use and Design 
Review), 4.3 (Land Divisions), 4.6 (Modifications), 4.8 (Code Interpretations), and 
4.9 (Miscellaneous Permits); 
d. Be accompanied by the required non-refundable fee; and 
e. A certified list prepared by a title company or certified by the Marion County Tax 
Assessor's office with the names and addresses of all property owners within 500 feet 
of the subject site 
City of Silverton 
Zoning and Development Code 
4-14 City Council Approved 
October 6, 2008 
4.1.400 - Types III Procedure (Quasi-Judicial) 
C. Notice of Hearing. 
1. Mailed notice. The City shall mail the notice of the Type III hearing. The records of the 
County Assessor's Office are the official records for determining ownership. Notice of a 
Type III application hearing or Type II appeal hearing shall be given by the Community 
Development Director or designee in the following manner: 
a. At least 20 days before the hearing date, notice shall be mailed to: 
(1) The applicant and all owners or contract purchasers of record of the property that 
is the subject of the application; 
(2) All property owners of record within 500 feet of the site; 
(3) Any governmental agency that is entitled to notice under an intergovernmental 
agreement entered into with the City. The City may notify other affected 
agencies. The City shall notify the road authority when there is a proposed 
development abutting or affecting their transportation facility and allow the 
agency to review, comment on, and suggest conditions of approval for the 
application. 
(4) Owners of airports in the vicinity shall be notified of a proposed zone change in 
accordance with ORS 227.175; 
(5) Any neighborhood or community organization recognized by the City Council 
and whose boundaries include the property proposed for development; 
(6) Any person who submits a written request to receive notice; 
(7) For appeals, the appellant and all persons who provided testimony in the original 
decision; and 
(8) For a zone change affecting a manufactured home or mobile home park, all 
mailing addresses within the park, in accordance with ORS 227.175. 
b. The Community Development Director or designee shall have an affidavit of notice 
be prepared and made a part of the file. The affidavit shall state the date that the 
notice was mailed to the persons who must receive notice. 
c. At least ten (10) business days before the hearing, notice of the hearing shall be 
printed in a newspaper of general circulation in the City. The newspaper's affidavit 
of publication of the notice shall be made part of the administrative record. 
2. Content of Notice. Notice of appeal of a Type II Administrative decision or notice of a 
Type III hearing to be mailed and published per Subsection 1 above shall contain the 
following information: 
City of Silverton 
Zoning and Development Code 
4-15 City Council Approved 
October 6, 2008 
4.1.400 - Types III Procedure (Quasi-Judicial) 
a. The nature of the application and the proposed land use or uses that could be 
authorized for the property; 
b. The applicable criteria and standards from the development code(s) that apply to the 
application; 
c. The street address or other easily understood geographical reference to the subject 
property; 
d. The date, time, and location of the public hearing; 
e. A statement that the failure to raise an issue in person, or by letter at the hearing, or 
failure to provide statements or evidence sufficient to afford the decision-maker an 
opportunity to respond to the issue, means that an appeal based on that issue cannot 
be filed with the State Land Use Board of Appeals; 
f. The name of a City representative to contact and the telephone number where 
additional information on the application may be obtained; 
g. A statement that a copy of the application, all documents and evidence submitted by 
or for the applicant, and the applicable criteria and standards can be reviewed at 
Silverton City Hall at no cost and that copies shall be provided at a reasonable cost; 
h. A statement that a copy of the City's staff report and recommendation to the hearings 
body shall be available for review at no cost at least seven days before the hearing, 
and that a copy shall be provided on request at a reasonable cost; 
i. A general explanation of the requirements to submit testimony, and the procedure for 
conducting public hearings; and 
j. The following notice: "Notice to mortgagee, lien holder, vendor, or seller: The City 
of Silverton Development Code requires that if you receive this notice it shall be 
promptly forwarded to the purchaser." 
3. Posting Notice. The site shall be posted with a notice that contains a brief description of 
the project, the file number assigned to the project by the City and the address of City 
Hall and the phone number for the Community Development Department. The notice 
shall be clearly visible to pedestrians and motorists and must be able to withstand adverse 
weather. 
D. Conduct of the Public Hearing. 
1. At the commencement of the hearing, the hearings body shall state to those in attendance: 
a. The applicable review criteria and standards that apply to the application or appeal; 
City of Silverton 
Zoning and Development Code 
4-16 City Council Approved 
October 6, 2008 
4.1.400 - Types III Procedure (Quasi-Judicial) 
b. A statement that testimony and evidence shall concern the review criteria described in 
the staff report, or other criteria in the comprehensive plan or land use regulations that 
the person testifying believes to apply to the decision; 
c. A statement that failure to raise an issue with sufficient detail to give the hearings 
body and the parties an opportunity to respond to the issue, means that no appeal may 
be made to the State Land Use Board of Appeals on that issue; 
d. Before the conclusion of the initial evidentiary hearing, any participant may ask the 
Planning Commission for an opportunity to present additional relevant evidence or 
testimony that is within the scope of the hearing. The hearings body shall grant the 
request by scheduling a date to finish the hearing (a "continuance") per paragraph 2 
of this subsection, or by leaving the record open for additional written evidence or 
testimony per paragraph 3 of this subsection. 
2. If the Planning Commission grants a continuance, the completion of the hearing shall be 
continued to a date, time, and place at least seven days after the date of the first 
evidentiary hearing. An opportunity shall be provided at the second hearing for persons 
to present and respond to new written evidence and oral testimony. If new written 
evidence is submitted at the second hearing, any person may request, before the 
conclusion of the second hearing, that the record be left open for at least seven days, so 
that they can submit additional written evidence or testimony in response to the new 
written evidence; 
3. If the Planning Commission leaves the record open for additional written evidence or 
testimony, the record shall be left open for at least seven days after the hearing. Any 
participant may ask the City in writing for an opportunity to respond to new evidence 
submitted during the period that the record was left open. If such a request is filed, the 
Planning Commission shall reopen the record. 
a. When the Planning Commission reopens the record to admit new evidence or 
testimony, any person may raise new issues that relate to that new evidence or 
testimony; 
b. An extension of the hearing or record granted pursuant to Section 4.1.400.D is subject 
to the limitations of ORS 227.178 ("120-day rule"), unless the continuance or 
extension is requested or agreed to by the applicant; 
c. If requested by the applicant, the City shall allow the applicant at least seven days 
after the record is closed to all other persons to submit final written arguments in 
support of the application, unless the applicant expressly waives this right. The 
applicant's final submittal shall be part of the record but shall not include any new 
evidence; 
City of Silverton 
Zoning and Development Code 
4-17 City Council Approved 
October 6, 2008 
4.1.400 - Types III Procedure (Quasi-Judicial) 
d. The record shall contain all testimony and evidence that is submitted to the City and 
that the hearings body has not rejected; 
e. In making its decision, the hearings body may take notice of facts not in the hearing 
record (e.g., local, state, or federal regulations; previous city decisions; case law; staff 
reports). The review authority must announce its intention to take notice of such facts 
in its deliberations, and allow persons who previously participated in the hearing to 
request the hearing record be reopened, if necessary, to present evidence concerning 
the noticed facts; 
f. The review authority shall retain custody of the record until the City issues a final 
decision. 
4. Participants in the appeal of a Type II Administrative decision or participants in a 
Type III hearing are entitled to an impartial review authority as free from potential 
conflicts of interest and pre-hearing ex parte contacts (see Section 4.1.400.D (5) below) 
as reasonably possible. However, the public has a countervailing right of free access to 
public officials. Therefore: 
a. At the beginning of the public hearing, hearings body members shall disclose the 
substance of any pre-hearing ex parte contacts (as defined in Section 4.1.400.D(5) 
below) concerning the application or appeal. He or she shall state whether the contact 
has impaired their impartiality or their ability to vote on the matter and shall 
participate or abstain accordingly; 
b. A member of the hearings body shall not participate in any proceeding in which they, 
or any of the following, has a direct or substantial financial interest: their spouse, 
brother, sister, child, parent, father-in-law, mother-in-law, partner, any business in 
which they are then serving or have served within the previous two years, or any 
business with which they are negotiating for or have an arrangement or understanding 
concerning prospective partnership or employment. Any actual or potential interest 
shall be disclosed at the hearing where the action is being taken; 
c. Disqualification of a member of the hearings body due to contacts or conflict may be 
ordered by a majority of the members present and voting. The person who is the 
subject of the motion may not vote on the motion to disqualify; 
d. If a member of the hearings body abstains or is disqualified, the City may provide a 
substitute in a timely manner subject to the impartiality rules in Sections 4.1.400.D(4) 
through (5). In this case, a member of the City Council appointed by a majority vote 
of the City Council may substitute for a member of the Planning Commission. 
e. If all members of the Planning Commission abstain or are disqualified, the City 
Council shall be the hearing body. If all members of the City Council abstain or are 
disqualified, a quorum of those members present who declare their reasons for 
abstention or disqualification shall be re-qualified to make a decision; 
City of Silverton 
Zoning and Development Code 
4-18 City Council Approved 
October 6, 2008 
4.1.400 - Types III Procedure (Quasi-Judicial) 
f. Any member of the public may raise conflict of interest issues prior to or during the 
hearing, to which the member of the hearings body shall reply in accordance with this 
section. 
5. Ex parte communications. 
a. Members of the hearings body shall not: 
(1) Communicate directly or indirectly with any applicant, appellant, other party to 
the proceedings, or representative of a party about any issue involved in a hearing 
without giving notice per Section 4 above; 
(2) Take official notice of any communication, report, or other materials outside the 
record prepared by the proponents or opponents in connection with the particular 
case, unless all participants are given the opportunity to respond to the noticed 
materials. 
b. No decision or action of the hearings body shall be invalid due to ex parte contacts or 
bias resulting from ex parte contacts, if the person receiving contact: 
(1) Places in the record the substance of any written or oral ex parte communications 
concerning the decision or action; and 
(2) Makes a public announcement of the content of the communication and of all 
participants' right to dispute the substance of the communication made. This 
announcement shall be made at the first hearing following the communication 
during which action shall be considered or taken on the subject of the 
communication. 
c. A communication between City staff and the hearings body is not considered an ex 
parte contact. 
6. Presenting and receiving evidence. 
a. The hearings body may set reasonable time limits for oral presentations and may limit 
or exclude cumulative, repetitious, irrelevant or personally derogatory testimony or 
evidence; 
b. There may be a presentation of a staff report, a presentation by the applicant or those 
representing the applicant, a presentation by those who oppose the proposed 
application, by those in favor of the proposed application and by those who do not 
necessarily support or oppose the proposed application. 
City of Silverton 
Zoning and Development Code 
4-19 City Council Approved 
October 6, 2008 
4.1.400 - Types III Procedure (Quasi-Judicial) 
c. A rebuttal by the applicant shall be limited to issues raised during the presentation of 
evidence in opposition or neutral. A sur-rebutal shall be limited to issues raised 
during the rebuttal of the evidence. 
d. No oral testimony shall be accepted after the close of the public hearing. Written 
testimony may be received after the close of the public hearing, only as provided in 
Section 4.1.400.D; 
e. Members of the hearings body may visit the property and the surrounding area, and 
may use information obtained during the site visit to support their decision, if the 
information relied upon is disclosed at the beginning of the hearing and an 
opportunity is provided to dispute the evidence. 
E. The Decision Process. 
1. Basis for decision. Approval or denial of an appeal of a Type II Administrative decision 
or of a Type III application shall be based on standards and criteria in the development 
code. The standards and criteria shall relate approval or denial of a discretionary 
development permit application to the development regulations and, when appropriate, to 
the comprehensive plan for the area in which the development would occur and to the 
development regulations and comprehensive plan for the City as a whole; 
2. Findings and conclusions. Approval or denial shall be based upon the criteria and 
standards considered relevant to the decision. The written decision shall explain the 
relevant criteria and standards, state the facts relied upon in rendering the decision, and 
justify the decision according to the criteria, standards, and facts; 
3. Form of decision. The Planning Commission shall issue a final written order containing 
the findings and conclusions stated in subsection 2, which either approves, denies, or 
approves with specific conditions. The Planning Commission may also issue appropriate 
intermediate rulings when more than one permit or decision is required; 
4. Decision-making time limits. A final order for any Type II Administrative Appeal or 
Type III action shall be filed with the Community Development Director or designee 
within ten (10) business days after the close of the deliberation; 
5. Notice of Decision. Written notice of a Type II Administrative Appeal decision or a 
Type III decision shall be mailed to the applicant and to all participants of record within 
ten (10) business days after the hearings body decision. Failure of any person to receive 
mailed notice shall not invalidate the decision, provided that a good faith attempt was 
made to mail the notice. 
6. Final Decision and Effective Date. The decision of the hearings body on any Type II 
appeal or any Type III application is final for purposes of appeal on the date it is mailed 
by the City. The decision is effective on the day after the 10 day appeal period expires. 
If an appeal for a Type III application is filed, the decision becomes effective on the day 
City of Silverton 
Zoning and Development Code 
4-20 City Council Approved 
October 6, 2008 
4.1.400 - Types III Procedure (Quasi-Judicial) 
after the appeal is decided by the City Council. The notification and hearings procedures 
for Type III applications on appeal to the City Council shall be the same as for the initial 
hearing. An appeal of a Type II appeal decision to the State Land Use Board of Appeals 
must be filed within 21 days of the Review Body's written decision. An appeal of a land 
use decision to the State Land Use Board of Appeals must be filed within 21 days of the 
City Council's written decision. 
7. Appeals. Appeals of Type III decisions are heard by the City Council, as applicable, and 
follow the procedures below: 
A. Who may appeal. The following people have legal standing to appeal a Type III 
decision: 
1. The applicant or owner of the subject property; 
2. Any other person who participated in the proceeding by submitting oral or written 
comments. 
B. Appeal filing procedure. 
1. Notice of appeal. Any person with standing to appeal, as provided in subsection 1, 
above, may appeal a Type III Decision by filing a Notice of Appeal according to the 
following procedures; 
2. Time for filing. A Notice of Appeal shall be filed with the Community Development 
Director or designee within 10 days of the date the Notice of Type III Decision was 
mailed; 
3. Content of notice of appeal. The Notice of Appeal shall contain: 
(a) An identification of the decision being appealed, including the date of the decision; 
(b) A statement demonstrating the person filing the Notice of Appeal has standing to 
appeal; 
(c) A statement explaining the specific issues being raised on appeal; 
(d) If the appellant is not the applicant, a statement demonstrating that the appeal 
issues were raised during the comment period; 
(e) If de novo review is requested, a statement summarizing the new evidence which 
will be offered and the criteria to which it will relate. The decision to grant a de 
nova hearing rests solely upon the discretion of the City Council. 
(f) Filing fee. 
City of Silverton 
Zoning and Development Code 
4-21 City Council Approved 
October 6, 2008 
4.1.400 - Types III Procedure (Quasi-Judicial) 
C. Scope of appeal. The Review Body shall determine the scope of review on appeal to 
one of the following: 
1. Restricted to the record made on the decision being appealed. The record shall 
include; a factual report prepared by the Community Development Director, All 
exhibits, materials, pleadings, memoranda, stipulations, and motions submitted by 
any party and received or considered in reaching the decision under review, and the 
minutes of the hearing. The reviewing body may make its decision based only upon 
the record, or may grant the right of oral argument, to all affected parties but not the 
introduction of additional evidence. 
2. Limited to such issues as the reviewing body determines necessary for a proper 
resolution of the matter. 
3. A de novo hearing on the merits. "De novo hearing" shall mean a hearing by the 
review body as if the request had not been previously heard and as if no decision had 
been rendered, except that all testimony, evidence, and other material from the record 
of the previous consideration may be included in the record of the review. The 
presiding officer may establish a time limit for presentation of information at the 
public hearing. 
D. Appeal procedures. A Type III notice, hearing procedures and decision process shall 
also be used for appeals of Type III decisions, as provided in Sections 4.1.400; 
E. Further Appeal to LUBA. The decision of the Review Body regarding an appeal of a 
Type II Decision is the final decision of the City. The decision of the Review Body on 
an appeal is final and effective on the date it is mailed by the City. The Review Body's 
decision may be appealed to the State Land Use Board of Appeals within 21 days of the 
written notice of decision pursuant to ORS 197.805 - 197.860. 
City of Silverton 
Zoning and Development Code 
4-22 City Council Approved 
October 6, 2008 
4.1.500 - Types IV Procedure (Legislative) 
4.1.500 Type IV Procedure (Legislative) 
A. Pre-Application Conference. A pre-application conference is required for all Type IV 
applications initiated by a party other than the City of Silverton. The requirements and 
procedures for a pre-application conference are described in Section 4.1.600.C. 
B. Timing of Requests. The City Council may establish a calendar for the purpose of accepting 
Type IV requests only at designated time(s). At a minimum, Type IV requests shall be filed 
not less than sixty (60) days prior to the requested initial hearing date. The City Council may 
initiate its own legislative proposals at any time. 
C. Application Requirements. 
1. Application forms. Type IV applications shall be made on forms provided by the 
Community Development Director or designee. 
2. Submittal Information. A total of five (5) copies of the application shall be submitted. 
An additional seven (7) copies shall be submitted after the Community Development 
Director has deemed the application complete, and additional copies may be required 
after the Planning Commission has completed its review and has forwarded a 
recommendation to City Council. The application shall contain: 
a. The information requested on the application form; 
b. Plans, exhibits, studies, and/or other information, as required by the Community 
Development Director, to assist the City in addressing the applicable criteria and 
standards in sufficient detail for review and decision; 
c. The required, non-refundable fee; and 
d. A letter or narrative statement that explains how the application satisfies each and all 
of the relevant review criteria and standards. 
e. A certified list prepared by a title company or certified by the Marion County Tax 
Assessor's office with the names and addresses of all property owners within 500 feet 
of the subject site 
D. Notice of Hearing. 
1. Required hearings. A minimum of two hearings, one before the Planning Commission 
and one before the City Council, are required for all Type IV applications (e.g., re-
zonings and comprehensive plan amendments). 
2. Notification requirements. Notice of public hearings for the request shall be given by the 
Community Development Director or designee in the following manner: 
City of Silverton 
Zoning and Development Code 
4-23 City Council Approved 
October 6, 2008 
4.1.500 - Types IV Procedure (Legislative) 
a. At least 20 days, but not more than 40 days, before the date of the first hearing on an 
ordinance that proposes to amend the comprehensive plan or any element thereof, or 
to adopt an ordinance that proposes to rezone property, a notice shall be prepared in 
conformance with ORS 227.186 and mailed to: 
(1) Each owner whose property would be rezoned in order to implement the 
ordinance (including owners of property subject to a comprehensive plan 
amendment shall be notified if a zone change would be required to implement the 
proposed comprehensive plan amendment); 
(2) All property owners within 500 feet of the subject site; 
(3) Any affected governmental agency; 
(4) Any person who requests notice in writing; 
(5) For a zone change affecting a manufactured home or mobile home park, all 
mailing addresses within the park, in accordance with ORS 227.175; 
(6) Owners of airports shall be notified of a proposed zone change in accordance with 
ORS 227.175. 
b. At least 10 days before the scheduled Planning Commission public hearing date, and 
14 days before the City Council hearing date, public notice shall be published in a 
newspaper of general circulation in the City. 
c. The Community Development Director or designee shall: 
(1) For each mailing of notice, file an affidavit of mailing in the record as provided 
by subsection a; and 
(2) For each published notice, file in the record the affidavit of publication in a 
newspaper that is required in subsection b. 
d. The Oregon Department of Land Conservation and Development (DLCD) shall be 
notified in writing of proposed comprehensive plan and development code 
amendments at least 45 days before the first public hearing at which public testimony 
or new evidence will be received. The notice to DLCD shall include a DLCD 
Certificate of Mailing. 
e. Notifications for annexation shall follow the provisions of this Chapter. 
3. Content of notices. The mailed and published notices shall include the following 
information: 
City of Silverton 
Zoning and Development Code 
4-24 City Council Approved 
October 6, 2008 
4.1.500 - Types IV Procedure (Legislative) 
a. The number and title of the file containing the application, and the address and 
telephone number of the Community Development Director or designee's office 
where additional information about the application can be obtained; 
b. The proposed site location; 
c. A description of the proposed site and the proposal in enough detail for people to 
determine what change is proposed, and the place where all relevant materials and 
information may be obtained or reviewed; 
d. The time(s), place(s), and date(s) of the public hearing(s); a statement that public oral 
or written testimony is invited; and a statement that the hearing will be held under this 
title and rules of procedure adopted by the Council and available at City Hall (See 
Section 4.1.500.E); and 
e. Each mailed notice required by Section 4.1.500.D shall contain the following 
statement: "Notice to mortgagee, lien holder, vendor, or seller: The City of Silverton 
Development Code requires that if you receive this notice it shall be promptly 
forwarded to the purchaser." 
4. Posting Notice. The site shall be posted with a notice that contains a brief description of 
the project, the file number assigned to the project by the City and the address of City 
Hall and the phone number for the Community Development Department. The notice 
shall be clearly visible to pedestrians and motorists and must be able to withstand adverse 
weather. 
5. Failure to receive notice. The failure of any person to receive notice shall not invalidate 
the action, providing: 
a. Personal notice is deemed given where the notice is deposited with the United States 
Postal Service; 
b. Published notice is deemed given on the date it is published. 
E. Hearing Process and Procedure. 
1. Unless otherwise provided in the rules of procedure adopted by the City Council: 
a. The presiding officer of the Planning Commission and of the City Council shall have 
the authority to: 
(1) Regulate the course, sequence, and decorum of the hearing; 
(2) Direct procedural requirements or similar matters; and 
(3) Impose reasonable time limits for oral presentations. 
City of Silverton 
Zoning and Development Code 
4-25 City Council Approved 
October 6, 2008 
4.1.500 - Types IV Procedure (Legislative) 
b. No person shall address the Commission or the Council without: 
(1) Receiving recognition from the presiding officer; and 
(2) Stating their full name and address. 
c. Disruptive conduct such as applause, cheering, or display of signs shall be cause for 
expulsion of a person or persons from the hearing, termination or continuation of the 
hearing, or other appropriate action determined by the presiding officer. 
2. Unless otherwise provided in the rules of procedures adopted by the Council, the 
presiding officer of the Commission and of the Council shall conduct the hearing as 
follows: 
a. The presiding officer shall begin the hearing with a statement of the nature of the 
matter before the body, a general summary of the procedures, a summary of the 
standards for decision-making, and whether the decision that will be made is a 
recommendation to the City Council or the final decision of the Council; 
b. The Community Development Director or designee's report and other applicable staff 
reports shall be presented; 
c. The public shall be invited to testify; 
d. The public hearing may be continued to allow additional testimony or it may be 
closed; and 
e. The hearing body's deliberation may include questions to the staff, comments from 
the staff, and inquiries directed to any person present. 
F. Continuation of the Public Hearing. The Planning Commission or the City Council may 
continue any hearing, and no additional notice of hearing shall be required if the matter is 
continued to a specified place, date, and time. 
G. Decision-Making Criteria. The recommendation by the Planning Commission and the 
decision by the City Council shall be based on the following factors: 
1. Approval of the request is consistent with the Statewide Planning Goals; 
2. Approval of the request is consistent with the Comprehensive Plan; and 
3. The property and affected area is presently provided with adequate public facilities, 
services and transportation networks to support the use, or such facilities, services and 
transportation networks are planned to be provided concurrently with the development of 
the property. 
City of Silverton 
Zoning and Development Code 
4-26 City Council Approved 
October 6, 2008 
4.1.500 - Types IV Procedure (Legislative) 
H. Approval Process and Authority. 
1. The Planning Commission shall: 
a. After notice and a public hearing, vote on and prepare a recommendation to the City 
Council to approve, approve with modifications, approve with conditions, deny the 
proposed change, or adopt an alternative; and 
b. Within 14 business days of determining a recommendation, the presiding officer shall 
sign the written recommendation, and it shall be filed with the Community 
Development Director or designee. 
2. Any member of the Planning Commission who votes in opposition to the Planning 
Commission's majority recommendation may file a written statement of opposition with 
the Community Development Director or designee before the Council public hearing on 
the proposal. The Community Development Director or designee shall send a copy to 
each Council member and place a copy in the record; 
3. If the Planning Commission fails to adopt a recommendation to approve, approve with 
modifications, approve with conditions, deny the proposed change, or adopt an 
alternative proposal within 60 days of its first public hearing on the proposed change, the 
Community Development Director or designee shall: 
a. Report the failure together with the proposed change to the City Council; and 
b. Provide notice and put the matter on the City Council's agenda for the City Council 
to hold a public hearing make a decision. No further action shall be taken by the 
Commission. 
4. The City Council shall: 
a. Approve, approve with modifications, approve with conditions, deny, or adopt an 
alternative to an application for legislative change, or remand the application to the 
Planning Commission for rehearing and reconsideration on all or part of the 
application; 
b. Consider the recommendation of the Planning Commission; however, the City 
Council is not bound by the Commission's recommendation; and 
c. Act by ordinance, which shall be signed by the Mayor after the Council's adoption of 
the ordinance. 
City of Silverton 
Zoning and Development Code 
4-27 City Council Approved 
October 6, 2008 
4.1.500 - Types IV Procedure (Legislative) 
I. Vote Required for a Legislative Change. 
1. A vote by a majority of the qualified voting members of the Planning Commission 
present is required for a recommendation for approval, approval with modifications, 
approval with conditions, denial or adoption of an alternative. 
2. A vote by a majority of the qualified members of the City Council present is required to 
decide any motion made on the proposal. 
J. Notice of Decision. Notice of a Type IV decision shall be mailed to the applicant, all 
participants of record, and the Department of Land Conservation and Development, within 
five business days after the City Council decision is filed with the Community Development 
Director or designee. The City shall also provide notice to all persons as required by other 
applicable laws. Failure of any person to receive mailed notice shall not invalidate the 
decision, provided that a good faith attempt was made to mail the notice. 
K. Final Decision and Effective Date. A Type IV decision, if approved, shall take effect and 
shall become final as specified in the enacting ordinance, or if not approved, upon mailing of 
the notice of decision to the applicant. 
L. Appeal. A legislative decision may be appealed to the State Land Use Board of Appeals by 
a person with standing within 21 days of the written notice of decision. 
M. Record of the Public Hearing. 
1. A verbatim record of the proceeding shall be made by stenographic, mechanical, or 
electronic means. It is not necessary to transcribe an electronic record. The minutes and 
other evidence presented as a part of the hearing shall be part of the record; 
2. All exhibits received and displayed shall be marked to provide identification and shall be 
part of the record; 
3. The official record shall include: 
a. All materials considered by the hearings body; 
b. All materials submitted by the Community Development Director or designee to the 
hearings body regarding the application; 
c. The verbatim record made by the stenographic, mechanical, or electronic means; the 
minutes of the hearing; and other documents considered; 
d. The final ordinance; 
e. All correspondence; and 
f. A copy of the notices that were given as required by this Chapter. 
City of Silverton 
Zoning and Development Code 
4-28 City Council Approved 
October 6, 2008 
4.1.600 - General Provisions 
4.1.600 General Provisions Applicable to All Reviews: 120-day Rule; Time 
Computation; Pre-application Conferences; Acceptance and Review; 
Community Development Director's Duties, Amended Applications; Re-
submittal; Appeals 
A. 120-day Rule. The City shall take final action on Type I, II, and III permit applications that 
are subject to this Chapter, including resolution of all appeals, within 120 days from the date 
the application is deemed as complete, unless the applicant requests an extension in writing. 
Any exceptions to this rule shall conform to the provisions of ORS 227.178. (The 120-day 
rule does not apply to Type IV legislative decisions - plan and code amendments - under 
ORS 227.178.) 
B. Time Computation. In computing any period of time prescribed or allowed by this Chapter, 
the day of the act or event from which the designated period of time begins to run shall not 
be included. The last day of the period so computed shall be included, unless it is a Saturday 
or legal holiday, including Sunday, in which event, the period runs until the end of the next 
day that is not a Saturday or legal holiday. 
C. Pre-application Conferences. 
1. Applicant's Responsibility. When a pre-application conference is required or requested, 
the applicant shall submit a summary of the proposal to the Community Development 
Director with a non-refundable fee at least seven (7) days beforehand, then meet with the 
Community Development Director or his/her designee(s) and other parties as appropriate 
at the scheduled time; 
2. Information provided. At such conference, the Community Development Director or 
designee shall: 
a. Cite the comprehensive plan policies and map designations applicable to the 
proposal; 
b. Cite the ordinance provisions, including substantive and procedural requirements 
applicable to the proposal; 
c. Provide available technical data and assistance that will aid the applicant; 
d. Identify other governmental policies and regulations that relate to the application; and 
e. Reasonably identify other opportunities or constraints concerning the application. 
3. Disclaimer. Failure of the Community Development Director or his/her designee to 
provide any of the information required by this Section 4.1.600.C shall not constitute a 
waiver of any of the standards, criteria or requirements for the application; 
City of Silverton 
Zoning and Development Code 
4-29 City Council Approved 
October 6, 2008 
4.1.600 - General Provisions 
4. Changes in the law. Due to possible changes in federal, state, regional, and local law, the 
applicant is responsible for ensuring that the application complies with all applicable laws 
on the day the application is deemed complete. 
D. Acceptance and Review of Applications. 
1. Initiation of applications: 
a. Applications for approval under this Chapter may be initiated by: 
(1) Order of City Council; 
(2) Resolution of the Planning Commission; 
(3) The Community Development Director or designee; 
(4) A record owner of property (person(s) whose name is on the most recently 
recorded deed), or contract purchaser with written permission from the record 
owner. 
b. Any person authorized to submit an application for approval may be represented by 
an agent authorized in writing to make the application on their behalf. 
2. Consolidation of proceedings. When an applicant applies for more than one type of land 
use or development permit (e.g., Type II and III) for the same one or more parcels of 
land, the proceedings shall be consolidated for review and decision. 
a. If more than one approval authority would be required to decide on the applications if 
submitted separately, then the decision shall be made by the approval authority 
having original jurisdiction over one of the applications in the following order of 
preference: the Council, the Commission, or the Community Development Director 
or designee. 
b. When proceedings are consolidated: 
(1) The notice shall identify each application to be decided; 
(2) The decision on a plan map amendment shall precede the decision on a proposed 
zone change and other decisions on a proposed development. Similarly, the 
decision on a zone map amendment shall precede the decision on a proposed 
development and other actions; and 
(3) Separate findings and decisions shall be made on each application. 
3. Check for acceptance and completeness. In reviewing an application for completeness, 
the following procedure shall be used: 
City of Silverton 
Zoning and Development Code 
4-30 City Council Approved 
October 6, 2008 
4.1.600 - General Provisions 
a. Acceptance. When an application is received by the City, the Community 
Development Director or designee shall immediately determine whether the 
following essential items are present. If the following items are not present, the 
application shall not be accepted and shall be immediately returned to the applicant; 
(1) The required forms; 
(2) The required, non-refundable fee; 
(3) The signature of the applicant on the required form and signed written 
authorization of the property owner of record if the applicant is not the owner. 
b. Completeness. 
(1) Review and notification. After the application is accepted, the Community 
Development Director or designee shall review the application for completeness. 
If the application is incomplete, the Community Development Director or 
designee shall notify the applicant in writing of exactly what information is 
missing within 30 days of receipt of the application and allow the applicant 180 
days to submit the missing information, or 14 days to submit a refusal statement; 
(2) Application deemed complete for review. In accordance with the application 
submittal requirements of this Chapter, the application shall be deemed complete 
upon the receipt by the Community Development Director or designee of all 
required information. The applicant shall have the option of withdrawing the 
application, or refusing to submit information requested by the Community 
Development Director or designee in Section 4.1.600.D.3.b, above. For the 
refusal to be valid, the refusal shall be made in writing and received by the 
Community Development Director or designee no later than 14 days after the date 
on the Community Development Director or designee's letter of incompleteness. 
If the applicant refuses in writing to submit the missing information, the 
application shall be deemed complete for processing on the 31st day after the 
Community Development Director or designee first accepted the application. 
(3) Standards and criteria that apply to the application. Approval or denial of the 
application shall be based upon the standards and criteria that were applicable at 
the time it was first accepted. 
(4) Coordinated Review. The City shall also submit the application for review and 
comment to the City Engineer, road authority, and other applicable County, State, 
and federal review agencies. 
4. Changes or additions to the application during the review period. Once an application is 
deemed complete: 
City of Silverton 
Zoning and Development Code 
4-31 City Council Approved 
October 6, 2008 
4.1.600 - General Provisions 
a. All documents and other evidence relied upon by the applicant shall be submitted to 
the Community Development Director or designee at least seven days before the 
notice of action or hearing is mailed, if possible. Documents or other evidence 
submitted after that date shall be received by Community Development Director or 
designee, and transmitted to the hearings body, but may be too late to include with the 
staff report and evaluation; 
b. When documents or other evidence are submitted by the applicant during the review 
period but after the application is deemed complete, the assigned review person or 
body shall determine whether or not the new documents or other evidence submitted 
by the applicant significantly change the application; 
c. If the assigned reviewer determines that the new documents or other evidence 
significantly change the application, the reviewer shall include a written 
determination that a significant change in the application has occurred as part of the 
decision. In the alternate, the reviewer may inform the applicant either in writing, or 
orally at a public hearing, that such changes may constitute a significant change (see 
"d", below), and allow the applicant to withdraw the new materials submitted, in 
order to avoid a determination of significant change; 
d. If the applicant's new materials are determined to constitute a significant change in an 
application that was previously deemed complete, the City shall take one of the 
following actions, at the choice of the applicant: 
(1) Continue to process the existing application and allow the applicant to submit a 
new second application with the proposed significant changes. Both the old and 
the new applications will proceed, but each will be deemed complete on different 
dates and may therefore be subject to different criteria and standards and different 
decision dates; 
(2) Suspend the existing application and allow the applicant to submit a new 
application with the proposed significant changes. Before the existing application 
can be suspended, the applicant must consent in writing to waive the 120-day rule 
(Section 4.1.600.A above) on the existing application. If the applicant does not 
consent, the City shall not select this option; 
(3) Reject the new documents or other evidence that has been determined to 
constitute a significant change, and continue to process the existing application 
without considering the materials that would constitute a significant change. The 
City will complete its decision-making process without considering the new 
evidence; 
e. If a new application is submitted by the applicant, that application shall be subject to 
a separate check for acceptance and completeness and will be subject to the standards 
and criteria in effect at the time the new application is accepted. 
City of Silverton 
Zoning and Development Code 
4-32 City Council Approved 
October 6, 2008 
4.1.600 - General Provisions 
E. Community Development Director's Duties. The Community Development Director or 
designee shall: 
1. Prepare application forms based on the criteria and standards in applicable state law, the 
City's comprehensive plan, and implementing ordinance provisions; 
2. Accept all development applications that comply with Section 4.1.600; 
3. Prepare a staff report that summarizes the application(s) and applicable decision criteria, 
and provides findings of conformance and/or non-conformance with the criteria. The 
staff report and findings may also provide a recommended decision of: approval; denial; 
or approval with specific conditions that ensure conformance with the review criteria; 
4. Prepare a notice of the proposal decision: 
a. In the case of an application subject to a Type I or II review process, the Community 
Development Director or designee shall make the staff report and all case-file 
materials available at the time that the notice of the decision is issued; 
b. In the case of an application subject to a hearing (Type III or IV process), the 
Community Development Director or designee shall make the staff report available to 
the public at least seven (7) days prior to the scheduled hearing date, and make the 
case-file materials available when notice of the hearing is mailed, as provided by 
Sections 4.1.300.C (Type II), 4.1.400.C (Type III), or 4.1.500.D (Type IV); 
5. Administer the hearings process; 
6. File notice of the final decision in the City's records and mail a copy of the notice of the 
final decision to the applicant; all persons who provided comments or testimony; persons 
who requested copies of the notice; and any other persons entitled to notice by law; 
7. Maintain and preserve the file for each application for the time period required by law. 
The file shall include, as applicable, a list of persons required to be given notice and a 
copy of the notice given; the affidavits of notice; the application and all supporting 
information; the staff report; the final decision including the findings, conclusions and 
conditions, if any; all correspondence; minutes of any meeting at which the application 
was considered; and any other exhibit, information or documentation that was considered 
by the decision-maker(s) on the application; and 
8. Administer the appeals and review process. 
F. Amended Decision Process. 
1. The purpose of an amended decision process is to allow the Community Development 
Director or designee to correct typographical errors, rectify inadvertent omissions and/or 
make other minor changes that do not materially alter the decision. 
City of Silverton 
Zoning and Development Code 
4-33 City Council Approved 
October 6, 2008 
4.1.600 - General Provisions 
2. The Community Development Director or designee may issue an amended decision after 
the notice of final decision has been issued but before the appeal period has expired. If 
such a decision is amended, the decision shall be issued within 14 business days after the 
original decision would have become final, but in no event beyond the 120-day period 
required by state law. A new 10-day appeal period shall begin on the day the amended 
decision is issued. 
3. Notice of an amended decision shall be given using the same mailing and distribution list 
as for the original decision notice. 
4. Modifications to approved plans or conditions of approval requested by the applicant 
shall follow the procedures in Chapter 4.6. All other changes to decisions that are not 
modifications under Chapter 4.6 follow the appeal process. 
G. Re-submittal of Application Following Denial. An application that has been denied, or an 
application that was denied and on appeal or review has not been reversed by a higher 
authority, including the Land Use Board of Appeals, the Land Conservation and 
Development Commission or the courts, may not be resubmitted as the same or a 
substantially similar proposal for the same land for a period of at least 12 months from the 
date the final City action is made denying the application, unless there is substantial change 
in the facts or a change in City policy that would change the outcome, as determined by the 
Community Development Director or designee. 
City of Silverton 
Zoning and Development Code 
4-34 City Council Approved 
October 6, 2008 
4.1.700 Reserved 
4.1.700 - Reserved 
City of Silverton 
Zoning and Development Code 
4-35 City Council Approved 
October 6, 2008 
4.1.800 - Neighborhood Contact 
4.1.800 Neighborhood Contact. 
Applicants are encouraged to meet with adjacent property owners and neighborhood 
representatives prior to submitting their application to the City in order to solicit input and 
exchange information about the proposed development. An applicant is encouraged to hold a 
neighborhood meeting with a City-recognized neighborhood or community organization and 
adjacent property owners before submitting the application to the City. 
City of Silverton 
Zoning and Development Code 
4-36 City Council Approved 
October 6, 2008 
4.1.900 - Traffic Impact Studies 
4.1.900 Traffic Impact Studies 
The purpose of this section of the code is to assist in determining which road authorities 
participate in land use decisions, and to implement Section 660-012-0045 (2) (e) of the State 
Transportation Planning Rule that requires the City to adopt a process to apply conditions to 
development proposals in order to minimize impacts and protect transportation facilities. This 
Chapter establishes the standards for when a proposal must be reviewed for potential traffic 
impacts; when a Traffic Impact Study must be submitted with a development application in order 
to determine whether conditions are needed to minimize impacts to and protect transportation 
facilities; what must be in a Traffic Impact Study; and who is qualified to prepare the Study. 
A. When a Traffic Impact Study is Required. The City or other road authority with 
jurisdiction may require a Traffic Impact Study (TIS) as part of an application for 
development, a change in use, or a change in access. A TIS shall be required when a land use 
application involves one or more of the following actions: 
1. A change in zoning or a plan amendment designation if required by the Public Works 
Director; 
2. Any proposed development or land use action resulting in an increased of 20 single 
family dwellings or 200 average daily trips, whichever is less, per the Institute of 
Transportation Engineers (ITE) Trip Generation Manual; 
3. Where a road authority states that it has operational or safety concerns with its 
facility(ies); 
4. A change in land use that may cause an increase in use of adjacent streets by vehicles 
exceeding the 20,000 pound gross vehicle weights by 20 peak hour trips or more per day; 
or 
5. The location of the access driveway does not meet minimum sight distance requirements, 
or is located where vehicles entering or leaving the property are restricted, or such 
vehicles queue or hesitate on the State highway, creating a safety hazard; or 
6. A change in internal traffic patterns that may cause safety problems, such as back up onto 
a street or greater potential for traffic accidents. 
B. Traffic Impact Study Preparation. A Traffic Impact Study shall be prepared and certified 
by a professional engineer in accordance with the requirements of the road authority and 
Public Works Design Standards, with the specific scope of work to be determined by the 
Public Works Director. If the road authority is the Oregon Department of Transportation 
(ODOT), consult ODOT's regional development review planner and OAR 734-051-180. 
City of Silverton 
Zoning and Development Code 
4-37 City Council Approved 
October 6, 2008 
4.2 - Land Use and Design Review 
Chapter 4.2 Land Use Review and Design Review 
Sections: 
4.2.100 Purpose 
4.2.200 Applicability 
4.2.300 Land Use Review Procedure and Review Criteria 
4.2.400 Design Review - Application Review Procedure 
4.2.500 Design Review - Application Submission Requirements 
4.2.510 Design Review - Adjustments (Performance Option) 
4.2.600 Review Criteria - Design Review 
4.2.700 Bonding and Assurances 
4.2.800 Development in Accordance With Permit Approval; Modifications; Permit 
Expiration 
4.2.100 Purpose 
The purpose of this Chapter is to: 
A. Provide rules, regulations and standards for efficient and effective administration of land 
use and design review; 
B. Carry out the development pattern and plan of the City and its comprehensive plan policies; 
C. Promote the public health, safety and general welfare; 
D. Provide adequate light and air, prevent overcrowding of land, and provide for adequate 
transportation, water supply, sewage, fire protection, pollution control, surface water 
management, and protection against natural hazards; 
E. Encourage the conservation of energy resources; and 
F. Encourage efficient use of land resources, full utilization of urban services, mixed uses, 
transportation options, and detailed, human-scaled design. 
City of Silverton 
Zoning and Development Code 
4-38 City Council Approved 
October 6, 2008 
4.2.200 - Applicability; Land Use Review 
4.2.200 Applicability 
Land Use Review or Design Review shall be required for all new developments and 
modifications of existing developments described below, except existing single family 
dwellings undergoing a remodel or minor addition (i.e., lot coverage increase by less than 50 
percent over existing lot coverage). Regular maintenance, repair and replacement of materials 
(e.g., roof, siding, awnings, etc.), parking resurfacing and similar maintenance and repair shall 
be exempt from review. 
A. Land Use Review. Land Use Review is a review conducted by the Community 
Development Director or designee without a public hearing (Type I or II). See Chapter 4.1 
for review procedure. It is for changes in land use and developments that do not require a 
conditional use or Design Review approval. Land Use Review ensures compliance with 
the basic land use and development standards of the zone, such as lot area, building 
setbacks and orientation, lot coverage, maximum building height, and other provisions of 
Article 2. Land Use Review is required for all of the types of land uses and development 
listed below. Land uses and developments exceeding the thresholds below require Design 
Review. 
1. Change in occupancy from one type of land use to a different land use where any 
change in floor area or on-site parking is limited to ten (10) percent or less; 
2. Single family detached dwelling (including manufactured home on its own lot); 
3. A single duplex, or up to two single family attached (town home) units not requiring a 
land division; 
4. Minor Modifications to development approvals as defined by Chapter 4.6; 
5. Accessory structures (not exceeding 800 square feet of floor area) and parking facilities 
when accessory to a primary permitted use; 
6. Public improvements required by a condition of approval (e.g., transportation facilities 
and improvements, parks, trails, and similar improvements, as determined by the 
Community Development Director). 
City of Silverton 
Zoning and Development Code 
4-39 City Council Approved 
October 6, 2008 
4.2.200 - Applicability; Design Review 
B. Design Review. Design Review ensures compliance with the land use and development 
standards in Article 2 and the design standards and public improvement requirements in 
Article 3. All of the following actions are subject to Design Review. 
1. Development for a new multifamily, attached single family, commercial, industrial or 
institutional use, including land divisions, site preparation and construction of 
buildings, parking, landscaping, signage, and other site improvements for the same. 
2. Change in occupancy from a less intensive land use to a more intensive land use 
resulting in development or exterior improvements, as evidenced by an increase in floor 
area, dwelling density, parking, trip generation, or similar factor(s), by more than ten 
(10) percent; 
3. Building addition exceeding 1,000 square feet, or 10 percent of an existing structure, 
whichever is greater, where there is no change in occupancy or use; 
4. Major Modifications to development approvals as defined by Chapter 4.6; 
5. Temporary uses, if required under Chapter 4.9; 
6. Parking facilities when not accessory to a primary permitted use; 
7. Public improvements, including but not limited to transportation facilities and 
improvements, buildings, modular buildings, parks, trails, and similar improvements, as 
determined by the Community Development Director, if not subject to a prior land use 
approval. 
City of Silverton 
Zoning and Development Code 
4-40 City Council Approved 
October 6, 2008 
4.2.300 & 400 -Review Procedures 
4.2.300 Land Use Review Procedure and Review Criteria 
When Land Use Review is required, it shall be conducted prior to issuance of building permits, 
occupancy permits, business licenses, or public improvement permits, as determined by the 
Community Development Director. The City shall conduct Land Use Reviews using either a 
Type I or Type II procedure, as described in Sections 4.1.200 and 4.1.300. A Type I procedure 
shall be used when the Community Development Director finds that the applicable standards 
are clear and objective and do not require the exercise of discretion. A Type II procedure shall 
be used when the decision is discretionary in nature, but it does not involve any requested 
Adjustments under Section 4.2.510. The Community Development Director shall be 
responsible for determining the required review procedure. An application for Land Use 
Review shall be approved only upon meeting all of the following criteria: 
A. The proposed land use and development is permitted by the underlying zone (Article 2); 
B. The applicable development and design standards of the underlying zone and any 
applicable overlay district(s) are met (Article 2); and 
C. The applicable access, parking, landscaping, signage and other requirements of Article 3 
are met. 
Building permits must be obtained subsequent to Land Use Review. Land Use Reviews do not 
address a project's compliance with applicable building, fire and life safety regulations. 
4.2.400 Design Review - Application Review Procedure 
Design Reviews are classified as a Limited Land Use Decisions (Type II), except as provided 
by subsections 4.2.400(A) and (B), below: 
A. Applications involving one or more Adjustments, as provided in Section 4.2.510, are 
reviewed through a Quasi-Judicial (Type III) process and require a public hearing. 
B. If the property is subject to an overlay zone, a Quasi-Judicial (Type III) public hearing may 
be required for Design Review approval. See the applicable overlay zone provisions under 
Chapters 2.5 through 2.8. 
C. If the subject Design Review application is part of a larger request involving a Conditional 
Use or other Quasi-Judicial (Type III) action, the applications shall be combined and 
reviewed concurrently using the Type III procedure. 
D. Land use decisions meeting the criteria under Section 4.2.300 are subject to Land Use 
Review and do not require Design Review, except as may be required by subsections A-C, 
above. 
City of Silverton 
Zoning and Development Code 
4-41 City Council Approved 
October 6, 2008 
4.2.500 -Design Review Application Submission Requirements 
4.2.500 Design Review - Application Submission Requirements 
All of the following information is required for Design Review application submittal: 
A. General Submission Requirements. An application for Design Review shall contain all 
of the information required for a Type III review under Section 4.1.400, and provide: 
1. Traffic Estimate. The application shall describe the proposed access to and from the site 
and estimate potential vehicle traffic increases resulting from the project. The 
Community Development Director may require a Traffic Impact Study, in accordance 
with Section 4.1.900; and 
2. In situations where this Code requires the dedication of property to the City, the City 
shall either, (1) include in the written decision evidence that shows that the required 
property dedication is directly related to and roughly proportional to the projected 
impacts of the development on public facilities and services, or (2) not require the 
dedication as a condition of approval; this does not preclude the City from accepting 
voluntary dedications. 
B. Design Review Information. In addition to the general submission requirements and 
number of required copies for a Type III review (Section 4.1.400), an applicant for Design 
Review shall provide the following information, as deemed applicable by the Community 
Development Director. The Community Development Director may deem applicable any 
information that he or she needs to review the request and prepare a complete staff report 
and recommendation to the review body: 
1. Site analysis map. At a minimum the site analysis map shall contain the following: 
a. The applicant's entire property and the surrounding property to a distance sufficient 
to determine the location of the development in the City, and the relationship 
between the proposed development site and adjacent property and development. 
The property boundaries, dimensions and gross area shall be identified; 
b. Topographic contour lines at 2-foot intervals or less for slopes of less than 10 
percent, and 5-foot intervals for steeper slopes; 
c. Identification of slopes greater than 12 percent, consistent with the method of 
measurement and contour intervals required by the City Engineer; 
d. The location and width of all public and private streets, drives, sidewalks, 
pathways, rights-of-way, and easements on the site and adjoining the site; 
e. Potential natural hazard areas, including any flood areas subject to Chapter 2.5, 
areas subject to high water table, and areas mapped by the City, County, or State as 
having a potential for geologic hazards; 
City of Silverton 
Zoning and Development Code 
4-42 City Council Approved 
October 6, 2008 
4.2.500 -Design Review Application Submission Requirements 
f. Resource areas, including marsh and wetland areas, streams, and wildlife habitat 
identified by the City or any natural resource regulatory agencies as requiring 
protection; 
g. Site features, including existing structures, pavement, large rock outcroppings, 
areas having unique views, and drainage ways, canals and ditches; 
h. Locally or federally designated historic and cultural resources on the site and 
adjacent parcels or lots; 
i. The location, size and species of trees and other vegetation having a caliper 
(diameter) of six (6) inches or greater at four feet above grade; 
j. North arrow, scale, names and addresses of all persons listed as owners of the 
subject property on the most recently recorded deed; 
k. Name and address of project designer, engineer, surveyor, and/or planner, if 
applicable. 
2. Proposed site plan. The site plan shall contain the following information: 
a. The proposed development site, including boundaries, dimensions, and gross area; 
b. Features identified on the existing site analysis maps that are proposed to remain on 
the site; 
c. Features identified on the existing site map, if any, which are proposed to be 
removed or modified by the development; 
d. The location and dimensions of all proposed public and private streets, drives, 
rights-of-way, and easements; 
e. The location and dimensions of all existing and proposed structures, utilities, 
pavement and other improvements on the site. Setback dimensions for all existing 
and proposed buildings shall be provided on the site plan; 
f. The location and dimensions of entrances and exits to the site for vehicular, 
pedestrian, and bicycle access; 
g. The location and dimensions of all parking and vehicle circulation areas (show 
striping for parking stalls and wheel stops); 
h. Pedestrian and bicycle circulation areas, including sidewalks, internal pathways, 
pathway connections to adjacent properties, and any bicycle lanes or trails; 
i. Loading and service areas for waste disposal, loading and delivery; 
City of Silverton 
Zoning and Development Code 
4-43 City Council Approved 
October 6, 2008 
4.2.500 -Design Review Application Submission Requirements 
j. Outdoor recreation spaces, common areas, plazas, outdoor seating, street furniture, 
and similar improvements; 
k. Location, type, and height of outdoor lighting; 
l. Location of existing and proposed mail boxes; 
m. Name and address of project designer, if applicable; 
n. Locations of bus stops and other public or private transportation facilities; 
o. Sign concept plan (e.g., locations, general size, style and materials of signs). (Signs 
are subject to review and approval under Silverton Municipal Code Section 15.16.) 
3. Architectural drawings. Architectural drawings showing one or all of the following 
shall be required for new buildings and major remodels: 
a. Building elevations with building height and widths dimensioned, and materials 
labeled; 
b. Building materials, colors and type; a materials sample board may be required; 
c. The name of the architect or designer. 
4. Preliminary grading plan. A preliminary grading plan prepared by a registered 
engineer shall be required for development sites ^ acre or larger. The preliminary 
grading plan shall show the location and extent to which grading will take place, 
indicating general changes to contour lines, slope ratios, slope stabilization proposals, 
and location and height of retaining walls, if proposed. Surface water detention and 
treatment plans may also be required, in accordance with Section 3.4.400. 
5. Landscape plan. A landscape plan may be required and at the direction of the 
Community Development Director shall show the following: 
a. The location and height of existing and proposed fences, buffering or screening 
materials; 
b. The location of existing and proposed terraces, retaining walls, decks, patios, 
shelters, and play areas; 
c. The location, size, and species of the existing and proposed plant materials (at time 
of planting); 
d. Existing and proposed building and pavement outlines; 
City of Silverton 
Zoning and Development Code 
4-44 City Council Approved 
October 6, 2008 
4.2.500 -Design Review Application Submission Requirements 
e. Specifications for soil at time of planting, irrigation if plantings are not drought-
tolerant (may be automatic-underground or other approved method of irrigation) 
and anticipated planting schedule; 
f. Other information as deemed appropriate by the Community Development Director. 
An arborist's report may be required for sites with mature trees that are protected 
under Chapter 3.2. Landscape, Street Trees, Fences and Walls of this Code. 
6. Deed restrictions. Copies of all existing and proposed restrictions or covenants, 
including those for access control. 
7. Narrative. Letter or narrative report documenting compliance with the applicable 
review criteria contained in Section 4.2.600 review criteria. 
8. Traffic Impact Study, when required, shall be prepared in accordance with the road 
authority's requirements. See Section 4.1.900 for relevant standards. 
9. Other information determined by the Community Development Director. The City may 
require studies or exhibits prepared by qualified professionals to address specific site 
features or project impacts (e.g., traffic, noise, environmental features, natural hazards, 
etc.), in conformance with this Code. 
City of Silverton 
Zoning and Development Code 
4-45 City Council Approved 
October 6, 2008 
4.2.510 - Design Review Adjustment Performance Option 
4.2.510 Design Review - Adjustments (Performance Option) 
A. Adjustments. The intent of this section is to allow reasonable flexibility and to promote 
creativity in project designs. An Adjustment is a modification to a code standard (decrease, 
increase, waiver, or material substitution) resulting in a design that is as good or better than 
what would likely result under the standard with respect to the Code's intent; the 
Adjustments may be approved only when the proposal is consistent with the stated purpose 
of the code. An application for Design Review may include, and the decision body may 
approve, a request for adjustment(s) to one or more of the site/building design standards in 
the following code sections: 
Section 2.2.180 
Section 2.2.190 
Section 2.3.150 
Section 2.3.170 
Section 2.3.180 
Section 2.3.200 
Section 2.3.210 
Chapter 3.2 
Chapter 3.3 
Residential Districts - Building Orientation 
Residential Districts - Architectural Design 
Commercial Districts - Building Orientation and Commercial Block 
Layout 
Commercial Districts - Pedestrian Amenities 
General Commercial Design Standards 
Downtown Commercial Design Standards 
Downtown Commercial Fringe Design Standards 
Landscaping, Fences and Walls 
Parking 
B. Limitation. Allowable adjustments under Section 4.2.510 are limited to the code 
provisions listed in subsection 4.2.510A. Land use, density, structure height, lot coverage, 
setbacks, and other provisions not listed above are not to be adjusted or modified under 
Section 4.2.510. 
C. Procedure. An Adjustment request made under Section 4.2.510 must be made in writing 
and submitted with a Design Review application. Design Review applications involving 
Adjustment(s) are reviewed by the Planning Commission through a Type III (Quasi-
Judicial) public hearing procedure, which is outlined in Section 4.1.400. In acting on an 
Adjustment request, the Commission shall approve, deny, or approve with conditions the 
request concurrently with the subject Design Review application. The decision body shall 
approve an adjustment only upon finding that it conforms to the criteria in subsection 
4.2.510D. 
D. Review Criteria. The City shall consider the following review criteria and may approve, 
approve with conditions or deny a design review adjustment based on the following:: 
1. Adjusting the subject code standard(s) - i.e., decreasing, increasing, waiving, or 
making a material substitution - will result in a design that is as good or better than 
what would likely result under the base standard; 
2. The adjustment is consistent with the Code's stated intent and is in the public 
interest; and 
3. In interpreting the public interest, consideration shall be given to intended public 
benefits or protections such as compatibility with surrounding uses; pedestrian 
City of Silverton 
Zoning and Development Code 
4-46 City Council Approved 
October 6, 2008 
4.2.600 - Review Criteria - Design Review 
safety and comfort; complementary development scale, materials, and detailing; 
street visibility; and/or aesthetic concerns. 
4.2.600 Review Criteria - Design Review 
The City shall consider the following review criteria and may approve, approve with 
conditions or deny a design review based on the following:: 
A. Complete. The application is complete, as determined in accordance with Chapter 4.1 -
Types of Applications and Section 4.2.500, above. 
B. Zoning District. The application complies with all of the applicable provisions of the 
underlying Zoning District (Article 2), including: building and yard setbacks, lot area and 
dimensions, density and floor area, lot coverage, building height, building orientation, 
architecture, and other special standards as may be required for certain land uses; 
C. Conformance. The applicant shall be required to upgrade any existing development that 
does not comply with the applicable zoning district standards, in conformance with Chapter 
5.2, Non-Conforming Uses and Development; 
D. Design Standards. The application complies with all of the Design Standards in Article 3: 
1. Article 2 - Design standards and special use standards of the applicable district; 
2. Chapter 3.1 - Access and Circulation; 
3. Chapter 3.2 - Landscaping, Street Trees, Fences and Walls; 
4. Chapter 3.3 - Parking and Loading; 
5. Chapter 3.4 - Public Facilities; 
E. Conditions of Approval. Existing conditions of approval required as part of a prior Land 
Division (Chapter 4.3), Conditional Use (Chapter 4.4), Planned Development (Chapter 4.5) 
or other approval shall be met. 
4.2.700 Bonding and Assurances 
A. Performance Bonds for Public Improvements. On all projects where public 
improvements are required, The City shall require the developer to provide bonding or 
other performance guarantees acceptable to the Public Works Director to ensure 
completion of required public improvements. The bond or other assurance (e.g. letter of 
irrevocable credit) shall be equal to 110% of the of the total construction cost estimate for 
all public infrastructure to be provided, as approved by the Public Works Director, 
or designee. In addition, the construction cost estimate must either be an engineer's 
estimate, in writing, or a copy of the contractor's price agreement having sufficient detail 
for the Public Works Director, or designee, to verify reasonable unit pricing. 
City of Silverton 
Zoning and Development Code 
4-47 City Council Approved 
October 6, 2008 
4.2.800 - Development Standards 
B. Release of Performance Bonds. The bond or other assurance shall be released when the 
Public Works Director, or designee, finds the public improvements are complete and 
conforms to the site development approval, including all conditions of approval. Upon 
acceptance of the completed public improvements, a one year warranty bond, deposit or 
other assurances approved by the Public Works Director, or designee, shall be required 
and, shall cover a minimum of 20 percent of the public improvements construction cost for 
the project. 
C. Completion of Landscape Installation. Landscaping shall be installed prior to issuance 
of occupancy permits, unless security equal to the cost of the landscaping as determined by 
the Community Development Director or a qualified landscape architect is filed with the 
Community Development Director assuring such installation within six months after 
occupancy. If the installation of the landscaping is not completed within the six-month 
period, the security may be used by the City to complete the installation. 
D. Termination of Performance Guarantee. The developer shall not cause termination of 
nor allow expiration of the guarantee without having first secured written authorization 
from the City. 
4.2.800 Development in Accordance With Permit Approval; Modifications; Permit 
Expiration. 
Development shall not commence until the applicant has received all of the appropriate land 
use and development approvals (i.e., Design Review approval) and building permits. 
Construction of public improvements shall not commence until the City has approved all 
required public improvement plans (e.g., utilities, streets, public land dedication, etc.). The 
City may require the applicant to enter into a development agreement (e.g., for phased 
developments and developments with required off-site public improvements), and may require 
bonding or other assurances for improvements, in accordance with Section 4.2.700. 
Annexation agreements, where applicable, must also be met. Development Review and Design 
Review approvals shall be subject to all of the following standards and limitations: 
A. Modifications to Approved Plans and Developments. Minor modifications of an 
approved plan or existing development, as defined in Chapter 4.6, shall be processed as a 
Type I procedure and require only Land Use Review. Major modifications, as defined in 
Chapter 4.6, shall be processed as a Type II or Type III procedure and shall require Design 
Review. For information on Type I, Type II and Type III procedures, please refer to 
Chapter 4.1. For Modifications review criteria, please refer to Chapter 4.6. 
B. Approval Period. Development Review and Design Review approvals shall be effective 
for a period of one year from the date of approval. The approval shall lapse if: 
1. A public improvement plan or building permit application for the project has not been 
submitted within one year of approval; or 
City of Silverton 
Zoning and Development Code 
4-48 City Council Approved 
October 6, 2008 
4.2.800 - Development Standards 
2. Construction on the site is in violation of the approved plan. 
C. Extension. The Planning Commission may, upon written request by the applicant, grant a 
written extension of the approval period not to exceed one year; provided that: 
1. No changes are made on the original approved Design Review plan; 
2. The applicant can show intent of initiating construction on the site within the one-year 
extension period; 
3. There have been no changes to the applicable Code provisions on which the approval 
was based. If there have been changes to the applicable Code provisions and the 
expired plan does not comply with those changes, then the extension shall not be 
granted; in this case, a new Design Review shall be required; and 
4. The applicant demonstrates that failure to obtain building permits and substantially 
begin construction within one year of site design approval was beyond the applicant's 
control. 
D. Phased Development. Phasing of development may be approved with the Design Review 
application, subject to the following standards and procedures: 
1. A phasing plan shall be submitted with the Design Review application. 
2. The Planning Commission shall approve a time schedule for developing a site in 
phases, but in no case shall the total time period for all phases be greater than 2 years 
without reapplying for Design Review. 
3. Approval of a phased Design Review proposal requires satisfaction of all of the 
following criteria: 
a. The public facilities required to serve each phase are constructed in conjunction 
with or prior to each phase; 
b. The development and occupancy of any phase dependent on the use of temporary 
public facilities shall require City Council approval. Temporary facilities shall be 
approved only upon City receipt of bonding or other assurances to cover the cost of 
required public improvements, in accordance with Section 4.2.700. A temporary 
public facility is any facility not constructed to the applicable City or district 
standard, subject to review by the City Engineer; 
c. The phased development shall not result in requiring the City or other property 
owners to construct public facilities that were required as part of the approved 
development proposal; and 
City of Silverton 
Zoning and Development Code 
4-49 City Council Approved 
October 6, 2008 
4.2.800 - Development Standards 
d. An application for phasing may be approved after Design Review approval as a 
modification to the approved plan, in accordance with the procedures for minor 
modifications (Chapter 4.6). 
4. All public improvements serving a particular phase must be complete and approved by 
the City Engineer prior to on-site building permits being issued. Temporary facilities 
will not be allowed. 
City of Silverton 
Zoning and Development Code 
4-50 City Council Approved 
October 6, 2008 
4.3 - Land Divisions and Lot Line Adjustments 
Chapter 4.3 Land Divisions and Property Line Adjustments 
Sections: 
4.3.100 Purpose 
4.3.110 General Requirements 
4.3.112 Pre-planning for Large Sites 
4.3.115 Flexible Lot Size; Flag Lots; Mini-Subdivisions 
4.3.120 Approval Process 
4.3.130 Preliminary Plat Submission Requirements 
4.3.140 Review Criteria: Preliminary Plat 
4.3.150 Variances Authorized 
4.3.160 Final Plat Submission Requirements and Review Criteria 
4.3.170 Public Improvements 
4.3.180 Performance Guarantee 
4.3.190 Filing and Recording 
4.3.200 Re-platting and Vacation of Plats 
4.3.210 Property Line Adjustments 
4.3.100 Purpose 
The purpose of this chapter is to: 
A. Provide rules, regulations and standards governing the approval of subdivisions, partitions 
and lot line adjustments: 
1. Subdivisions are the creation of four or more lots from one parent lot, parcel or tract, 
within one calendar year. 
2. Partitions are the creation of three or fewer lots within one calendar year. 
3. Lot line adjustments are modifications to lot lines or parcel boundaries that do not 
result in the creation of new lots (includes consolidation of lots). 
B. Carry out the City's development pattern, as envisioned by the Comprehensive Plan. 
C. Encourage efficient use of land resources, full utilization of urban services, and 
transportation options; 
D. Promote the public health, safety and general welfare through orderly and efficient 
urbanization; 
E. Provide adequate light and air, prevent overcrowding of land, and provide for adequate 
transportation, water supply, sewage, fire protection, pollution control, surface water 
management, and protection against natural hazards; and 
City of Silverton 
Zoning and Development Code 
4-51 City Council Approved 
October 6, 2008 
4.3.110 - General Requirements 
F. Encourage the conservation of energy resources. 
4.3.110 General Requirements 
A. Subdivision and Partition Approval Through Two-step Process. Applications for 
subdivision or partition approval shall be processed by means of a preliminary plat 
evaluation and a final plat evaluation, according to the following two steps: 
1. The preliminary plat must be approved before the final plat can be submitted for 
approval consideration; and 
2. The final plat must include all conditions of approval of the preliminary plat and 
construction plans must be approved before the final plat may be considered for 
approval. 
B. Compliance With ORS Chapter 92. All subdivision and partition proposals shall 
conform to state regulations in Oregon Revised Statute (ORS) Chapter 92, Subdivisions 
and Partitions. 
C. Future Re-division Plan. When subdividing or partitioning tracts into large lots (i.e., 
greater than two times or 200 percent the minimum lot size allowed by the land use 
district), the City shall require that the lots be of such size, shape, and orientation as to 
facilitate future re-division in accordance with the requirements of the land use district and 
this Code. A re-division plan shall be submitted for large lots identifying: 
1. Potential future lot division(s), consistent with the densities and lot sizes in Article 2; 
2. Potential street right-of-way alignments to serve future development of the property 
and connect to adjacent properties, including existing or planned rights-of-way; 
3. A disclaimer that the plan is a conceptual plan intended to show potential future 
development. It shall not be binding on the City or property owners, except as may be 
required through conditions of land division approval. For example, dedication and 
improvement of rights-of-way within the future plan area may be required to provide 
needed secondary access and circulation. 
D. Lot Size Averaging. Lot size may be averaged to allow lots less than the minimum lot 
size, as provided in Section 4.3.115, or when approved through a Planned Development 
under Chapter 4.5. 
E. Temporary Sales Office. A temporary sales office in conjunction with a subdivision may 
be approved as set forth in Section 4.9.100, Temporary Uses. 
F. Minimize Flood Damage. All subdivisions and partitions shall be designed based on the 
need to minimize the risk of flood damage. See also, Chapter 2.5, Flood Plain Overlay. 
City of Silverton 
Zoning and Development Code 
4-52 City Council Approved 
October 6, 2008 
4.3.110 - General Requirements 
G. Determination of Base Flood Elevation. See Chapter 2.5, Flood Plain Overlay. 
H. Need for Adequate Utilities. All lots created through land division shall have adequate 
public utilities and facilities such as sewer, gas, electrical, and water systems. These 
systems shall be located and constructed to prevent or minimize flood damage, and to 
avoid impairment of the system and contamination from them during flooding. 
I. Need for Adequate Drainage. All subdivision and partition proposals shall have adequate 
surface water drainage facilities that reduce exposure to flood damage and improve water 
quality. Water quality or quantity control improvements may be required. 
J. Flood Plain, Park, and Open Space Dedication 
1. Where land filling and/or development is allowed within or adjacent to regulatory flood 
plain in accordance with Chapter 2.5, and the Comprehensive Plan designates the 
subject flood plain for park, open space, or trail use, the City may require the dedication 
of sufficient open land area to accommodate planned improvements accordance with its 
facility plans. 
2. The City may require a greenway and/or trail adjoining or within the flood plain for 
transportation, storm drainage/water quality, or park purposes, consistent with facility 
plans. 
3. When practicable, such areas shall include portions at a suitable elevation for the 
construction of a multi-use pathway in accordance with applicable facility plans. The 
City shall evaluate individual development proposals and determine whether the 
dedication of land is justified based on the development's impact to the park and/or trail 
system, or stormwater management requirements, consistent with Chapter 3.4.200 and 
3.4.400, and may assist in obtaining any flood plain permit that may be required. 
4. Where the City determines that required open space areas are not to be dedicated to the 
public, such areas shall be protected and maintenance assured through a conservation 
easement or other legal instrument approved by City Council. 
4.3.112 Pre-planning for Large Sites 
A. Purpose. The purpose of this Section is to require pre-planning of large sites (i.e., in 
conjunction with annexations, planned development approvals, and subdivision approvals) 
and ensure the development of fully integrated, mixed-use pedestrian-oriented 
neighborhoods. The intent is to minimize traffic congestion, suburban sprawl, 
infrastructure costs, and environmental degradation, particularly as new development takes 
place on large parcels of land. 
B. Applicability. This Section applies to parcels, and development sites with more than one 
parcel in Residential District(s) that are twenty (20) acres or larger. 
City of Silverton 
Zoning and Development Code 
4-53 City Council Approved 
October 6, 2008 
4.3.110 - General Requirements 
C. Area plan required. When an annexation or land division site contains twenty (20) acres 
or more, prior to annexation and land division approval, the applicant shall prepare a 
specific area plan meeting the criteria in subsection D. For the purposes of this Section, the 
"site" shall be considered the area subject to an annexation request or land use application 
and any contiguous land under common ownership, except for land under common 
ownership that is located outside the Urban Growth Boundary. 
D. Land use and design standards. The specific area plan required under subsection C, 
above, shall accommodate planned housing needs, employment uses, and public facilities, 
as applicable. Land needed for public use (e.g., schools, parks, fire stations, and other 
facilities) shall be designated on the master plan, in accordance with the City's facility 
plans. 
E. Implementation. Upon approval of a plan under the provisions of Section 4.3.112, the 
processing of development proposals shall follow the Land Division procedures in Chapter 
4.3, and the Land Use Review and/or Design Review procedures in Chapter 4.2, as 
applicable. Any modifications to the approved master plan shall be subject to the standards 
and procedures in Chapter 4.6 - Modifications. 
City of Silverton 
Zoning and Development Code 
4-54 City Council Approved 
October 6, 2008 
4.3.115 - Lot Development Provisions 
4.3.115 Flexible Lot Size; Lots Without Street Frontage; Flag Lots; Mini 
Subdivisions 
A. Flexible Lot Size. To allow creativity and flexibility in subdivision design and to address 
physical constraints, such as areas subject to the Hillside Protection Overlay, jurisdictional 
wetlands, flood plain, unusual parcel configuration, or similar constraint, the review body 
may grant a 10 percent adjustment to the lot area and/or lot dimension (width/depth) 
standards in Section 2.2.130 without the need for a variance under Chapter 5.1, provided 
that the overall density of the subdivision does not exceed the allowable density of the 
district based on the developable area exclusive or right-of-way areas and the review body 
finds that granting the modification allows for a greater variety of housing types or it 
improves development compatibility with natural features or adjacent land uses. The 
review body may require that standard size lots be placed at the perimeter of the 
development where the abutting lots are standard size or larger; except that this provision 
shall not apply where the abutting lots are larger than 15,000 square feet. 
B. Individual lots without street frontage. Individual lots may be developed without 
frontage onto a public street when lot access is provided by an access easement approved 
by the city. Such access easements may be approved through the partitioning process when 
the review body finds that no other practicable alternative exists for accessing the lot and 
no new public street is required to meet the block length and street connectivity standards 
in Chapter 3.1. Access easements may be allowed as an alternative to requiring through 
streets where block lengths do not necessitate a through street. Such driveways and 
easements shall meet the driveway standards in Chapter 3.1. See also, subsection C, Flag 
Lots. 
C. Flag lots. Flag lots are discouraged and allowed only when absolutely necessary to 
provide adequate access to buildable sites in infill situations where the dedication and 
improvement of a public street cannot be provided or the lots take access from an access 
restricted roadway. Flag lots are generally not allowed in new subdivisions. A single flag 
lot may be allowed in a subdivision provided the Variance process is undertaken and all 
review criteria are met. The review body may approve a flag lot in conjunction with a 
partition approval only where all lots in the partition meet all of the following criteria. 
Where the following criteria conflict with requirements of the applicable land use district, 
the following criteria shall apply: 
1. The minimum lot area standards for the district must be met for all lots in the partition; 
2. Not more than three (3) parcels may receive vehicle access from the flag "pole" portion 
of the flag lot partition provided one of the lots has adequate street frontage; 
3. An irrevocable reciprocal access and maintenance easement, subject to review and 
approval of the Community Development Director, shall be recorded on the plat; 
4. The flag pole access must have a minimum width of 20 feet, except the City Engineer 
may require a minimum width of 25 feet where the pole provides access to two (2) or 
more lots; 
City of Silverton 
Zoning and Development Code 
4-55 City Council Approved 
October 6, 2008 
4.3.115 - Lot Development Provisions 
5. A minimum building setback of five (5) feet from the flag pole access shall be 
maintained; 
6. The maximum length of any flag pole access shall be 150 feet, unless a turn-around has 
been approved by the Silverton Fire Marshal and such turn-around shall be included 
with the reciprocal access easement recorded on the final plat; 
7. Driveway widths and paved sections shall conform to the standards in Chapter 3.1; 
8. The review body may require landscape or fence screening along property lines to 
promote compatibility with abutting uses; 
9. Design and locations of buildings on flag lots shall be such that normal traffic will have 
sufficient area to turn around, rather than necessitating backing motions down the flag 
pole or onto a public street. The review body may require special setback requirements 
at the time of approving the flag lot partition for this purpose. 
D. Mini-Subdivisions. The standards listed in this subsection are intended for use in 
subdividing residential infill parcels. 
1. The review body may approve variations to the street standards contained in the City of 
Silverton Public Works Design Standards when the following criteria are met: 
a. The property to be subdivided is less than two (2) acres in size and no more than 
eight (8) lots will be created or served by the subject street; 
b. The proposed subdivision meets the standards for lot size and configuration for the 
land use district; 
c. Surrounding parcels are developed or are so physically incapable of being 
subdivided so that combining the proposed subdivision with adjoining properties in 
a conventional subdivision is not feasible; and 
d. The property is not needed for a continuation of the adjacent public street pattern, 
except that pedestrian connections may be required for the continuation of the 
pedestrian circulation system. 
2. Upon meeting the criteria in subsection 4.3.115.D.1, the review body may modify the 
applicable street standards as follows: 
Dedication & 
Maintenance 
Paved Width 
Street/Cul-de-sac (b) 
On-Street Right-of-Way (c) 
Curbs Parking Sidewalk St reet/C u l -d e-s ac 
Public (a) 28 ft / 30 ft Yes one side 5 ft one side 35' / 35' radius (c) 
(a) A 10-foot public utility easement will be required on each side of the right-of-way. 
(b) Maximum street length is 400 feet. 
(c) A combination hammerhead/cul-de-sac may be required to promote neighborhood livability as well as 
satisfy Fire District turnaround requirements. 
City of Silverton 
Zoning and Development Code 
4-56 City Council Approved 
October 6, 2008 
4.3.120 - Preliminary Plat Approval Process 
4.3.120 Preliminary Plat Approval Process 
A. Review of Final Plat. Review of a final plat for a subdivision or partition shall be 
processed as a Type I procedure under Section 4.1.200, using the review criteria in Section 
4.3.160. 
B. Preliminary Plat Approval Period. Preliminary plat approval shall be effective for a 
period of three (3) years from the date of approval. The preliminary plat shall lapse if a 
final plat has not been submitted within this period. The Planning Commission may 
approve phased projects, including planned developments, provided the time period 
between phases does not exceed three (3) years. 
C. Modifications and Extensions. The applicant may request changes to the approved 
preliminary plat or conditions of approval following the procedures and criteria provided in 
Chapter 4.6 - Modifications. The Community Development Director shall, upon written 
request by the applicant and payment of the required fee, grant one written extension of the 
approval period not to exceed one year; provided that: 
1. Any changes to the preliminary plat follow the procedures in Chapter 4.6; 
2. The applicant has submitted written intent to file a final plat within the one-year 
extension period; 
3. An extension of time will not prevent the lawful development of abutting properties; 
4. There have been no changes to the applicable Code provisions on which the approval 
was based. If such changes have occurred, a new preliminary plat application shall be 
required; and 
5. The extension request is made before expiration of the original approved plan. 
D. Phased Development. 
1. The City may approve a time schedule for developing a subdivision in phases, but in no 
case shall the actual construction time period (i.e., for required public improvements, 
utilities, streets) for any partition or subdivision phase be more than three (3) years 
without reapplying for preliminary plat approval on those remaining un-recorded 
phases; 
2. The criteria for approving a phased land division proposal are: 
a. Public facilities shall be constructed in conjunction with or prior to each phase; 
b. The development and occupancy of any phase dependent on the use of temporary 
public facilities shall require City Council approval. Temporary facilities shall be 
approved only upon City receipt of bonding or other assurances to cover the cost of 
City of Silverton 
Zoning and Development Code 
4-57 City Council Approved 
October 6, 2008 
4.3.120 - Preliminary Plat Approval Process 
required permanent public improvements, in accordance with Section 4.3.180. A 
temporary public facility is any facility not constructed to the applicable City or 
district standard; 
c. The phased development shall not result in requiring the City or a third party (e.g., 
owners of lots) to construct public facilities that were required as part of the 
approved development proposal; and 
d. The proposed time schedule for phased development approval shall be reviewed 
concurrently with the preliminary plat application, and the decision may be 
appealed in the same manner as the preliminary plat. 
3. All public improvements serving a particular phase must be complete and approved by 
the City Engineer prior to on-site building permits being issued. Temporary facilities 
will not be allowed. 
City of Silverton 
Zoning and Development Code 
4-58 City Council Approved 
October 6, 2008 
4.3.130 - Preliminary Plat Submission Requirements 
4.3.130 Preliminary Plat Submission Requirements. 
A. General Submission Requirements. For all partitions (three or fewer parcels) the 
application shall contain all of the information required for a Type II procedure under 
Section 4.1.300. For subdivisions, the Type III procedures under Section 4.1.400 shall be 
followed. Preliminary plats shall also provide the information in subsections 1 and 2, 
below: 
1. Traffic Estimate. The application shall describe the proposed access to and from the site 
and estimate potential vehicle traffic increases resulting from the project. The 
Community Development Director may require a Traffic Impact Study, in accordance 
with Section 4.1.900; and 
2. In situations where this Code requires the dedication of property to the City, the City 
shall either, (1) include in the written decision evidence that shows that the required 
property dedication is directly related to and roughly proportional to the projected 
impacts of the development on public facilities and services, or (2) delete the dedication 
as a condition of approval. 
B. Preliminary Plat Information. In addition to the general information and number of 
required copies described in Subsection A above, the preliminary plat application shall 
consist of drawings and supplementary written material (i.e., on forms and/or in a written 
narrative) adequate to provide the following information: 
1. General information: 
a. Name of subdivision (not required for partitions). This name must not duplicate the 
name of another subdivision in County (please check with County Surveyor); 
b. Date, north arrow, and scale of drawing; 
c. Location of the development sufficient to define its location in the City, boundaries, 
and a legal description of the site; 
d. A title block including the names, addresses and telephone numbers of the owners 
of the subject property and, as applicable, the designer, and engineer and surveyor if 
any, and the date of the survey if submitted; and 
e. Identification of the drawing as a "preliminary plat". 
City of Silverton 
Zoning and Development Code 
4-59 City Council Approved 
October 6, 2008 
4.3.130 - Preliminary Plat Submission Requirements 
2. Site analysis: 
a. Streets: Location, name, present width of all streets, alleys and rights-of-way on and 
abutting the site; 
b. Easements: Width, location and purpose of all existing easements of record on and 
abutting the site; 
c. Utilities: Location and identity of all utilities on and abutting the site. If water 
mains and sewers are not on or abutting the site, indicate the direction and distance 
to the nearest one and show how utilities will be brought to standards; 
d. Ground elevations shown by contour lines at 5-foot vertical intervals for ground 
slopes exceeding 10 percent and at 2-foot intervals, or less, for ground slopes of less 
than 10 percent or as required by the City Engineer. Such ground elevations shall 
be related to some established benchmark or other datum approved by the County 
Surveyor. Where the site is within a Hillside Protection Overlay, contours shall be 
shown at intervals and using grade measurement methods as specified by the City 
Engineer; 
e. The location and elevation of the closest benchmark(s) within or adjacent to the site 
(i.e., for surveying purposes); 
f. Potential natural hazard areas, including any flood plains, areas subject to high 
water table, landslide areas, and areas having a high erosion potential; 
g. Wetland areas, streams, wildlife habitat, and other areas identified by the City or 
natural resource regulatory agencies as requiring protection. (See also, relevant 
portions of the Comprehensive Plan); 
h. Site features, including existing structures, pavement, large rock outcroppings, 
areas having unique views, and drainage ways, canals and ditches; 
i. Designated historic and cultural resources on the site and adjacent parcels or lots; 
j. The location, size and species of trees having a caliper (diameter) of 6 inches or 
greater at 4 feet above grade in conformance with Chapter 3.2; 
k. North arrow and scale; 
l. Name and address of project designer, if applicable; and 
m. Other information, as deemed appropriate by the Community Development 
Director. The City may require studies or exhibits prepared by qualified 
professionals to address specific site features and code requirements. 
City of Silverton 
Zoning and Development Code 
4-60 City Council Approved 
October 6, 2008 
4.3.130 - Preliminary Plat Submission Requirements 
3. Proposed improvements: 
a. Public streets, tracts, driveways, open space and park land; location, names, right-
of-way dimensions, approximate radius of street curves; and approximate finished 
street center line grades. All areas and tracts that are being held for private use and 
all reservations and restrictions relating to such private tracts shall be identified; 
b. Easements: location, width and purpose of all proposed easements; 
c. Lots and private tracts (e.g., private open space, common area, or street): 
approximate dimensions, area calculation (e.g., in square feet), and identification 
numbers for all proposed lots and tracts; 
d. Proposed uses of the property, including all areas proposed to be dedicated to the 
public or reserved as open space for the purpose of surface water management, 
recreation, or other use; potential location of future buildings; 
e. Proposed improvements, as required by Article 3 (Design Standards), and timing of 
improvements (e.g., in the case of streets, sidewalks, street trees, utilities, etc.); 
f. The proposed source of domestic water; 
g. The proposed method of sewage disposal; 
h. Proposed method of surface water drainage and treatment if required; 
i. The approximate location and identity of other utilities, including the locations of 
street lighting fixtures; 
j. Changes to navigable streams, or other watercourses. Status of public access to 
these areas shall be shown on the preliminary plat, as applicable; 
k. Identification of the base flood elevation in accordance with Chapter 2.5; 
l. Evidence of contact with the road authority for any development requiring access to 
its facility(ies); and 
m. Evidence of written notice to the applicable natural resource regulatory agency(ies) 
for any development within or adjacent to jurisdictional wetlands, and other areas 
requiring protection or conservation. 
City of Silverton 
Zoning and Development Code 
4-61 City Council Approved 
October 6, 2008 
4.3.140 - Review Criteria - Preliminary Plat 
4.3.140 Review Criteria: Preliminary Plat 
A. General Review Criteria. The City shall consider the following review criteria and may 
approve, approve with conditions or deny a preliminary plat based on the following: 
1. The proposed preliminary plat complies with the applicable Development Code 
sections and all other applicable ordinances and regulations. At a minimum, the 
provisions of this Article, and the applicable chapters and sections of Article 2 (Land 
Use Districts) and Article 3 (Design Standards) shall apply. Where a variance is 
necessary to receive preliminary plat approval, the application shall also comply with 
the relevant sections of Article 5; 
2. The proposed streets, roads, sidewalks, bicycle lanes, pathways, utilities, and surface 
water management facilities are laid out so as to conform or transition to the plats of 
subdivisions already approved for adjoining property or to provide for logical extension 
to future properties as to width, general direction and in all other respects. All 
proposed public improvements and dedications are identified on the preliminary plat; 
3. If any part of the site is located within an, Overlay Zone, or previously approved 
Planned Development, it shall conform to the applicable regulations and/or conditions. 
4. Evidence that any required State and federal permits have been obtained, or shall be 
obtained before approval of the final plat; 
5. Evidence that improvements or conditions required by the City, road authority, County, 
special districts, utilities, and/or other service providers, as applicable to the project, 
have been or can be met; and 
6. If applicable, all proposed private common areas and improvements (e.g., homeowner 
association property) are identified on the preliminary plat and appropriate Covenants, 
Conditions and Restrictions (CC&Rs) are provided; and 
B. Layout and Design of Streets, Blocks and Lots. All proposed blocks (i.e., one or more 
lots bound by public streets), lots and parcels conform to the specific requirements below: 
1. All lots shall comply with the lot area, setback, and dimensional requirements of the 
applicable land use district (Article 2), and the standards of Section 3.4.100.G - Street 
Connectivity and Formation of Blocks. 
2. Setbacks shall be as required by the applicable land use district (Article 2). 
3. Each lot shall conform to the standards of Chapter 3.1 - Access and Circulation. 
4. Landscape or other screening may be required to maintain privacy for abutting uses. 
See Article 2 - Land Use Districts, and Chapter 3.2 - Landscaping. 
City of Silverton 
Zoning and Development Code 
4-62 City Council Approved 
October 6, 2008 
4.3.140 - Review Criteria - Preliminary Plat 
5. In conformance with the International Fire Code, a 12-foot wide paved fire apparatus 
access drive within a 20-foot fire apparatus lane shall be provided to serve all portions 
of a building that are located more than 150 feet from a public right-of-way or other 
approved access drive. See also, Chapter 3.1- Access and Circulation. 
6. Where a common drive is to be provided to serve more than one lot, a reciprocal 
easement that will ensure access and maintenance rights shall be recorded with the 
approved subdivision or partition plat. 
7. All applicable engineering design standards for streets, utilities, surface water 
management, and easements shall be met. 
C. Open Space and Park Dedication. Requirements for open space and/or park dedication, 
as provided in Section 3.4.200 (Public Use Areas) and Section 4.3.110.J (Flood Plain, Park, 
and Open Space Dedication), are met. 
D. Conditions of Approval. The City may attach such conditions as are necessary to carry 
out provisions of this Code, and other applicable ordinances and regulations, and may 
require reserve strips be granted to the City for the purpose of controlling access to 
adjoining undeveloped properties. See Chapter 3.4 (Public Facilities). 
4.3.150 Variances Authorized 
Variances to the standards of this Chapter shall be processed in accordance with Chapter 5.1 -
Variances. Applications for variances shall be submitted at the same time an application for 
land division or lot line adjustment is submitted, and the applications shall be reviewed 
together. 
City of Silverton 
Zoning and Development Code 
4-63 City Council Approved 
October 6, 2008 
4.3.160 - Final Plat Submission Requirements and Review Criteria 
4.3.160 Final Plat Submission Requirements and Review Criteria 
A. Submission Requirements. Final plats shall require review and approval by the City prior 
to recording with the County. The applicant shall submit the final plat within three (3) 
years of the approval of the preliminary plat as provided by Section 4.3.120. Specific 
information about the format and size of the plat, number of copies and other detailed 
information can be obtained from the Community Development Director. Extensions may 
be granted pursuant to Section 4.3.120 C. 
B. Approval Process and Review Criteria. By means of a Type I procedure, the 
Community Development Director and City Engineer, or the Planning Commission, shall 
review the final plat and shall approve or deny it based on findings regarding compliance 
with the following criteria: 
1. The final plat is consistent in design (e.g., number, area, dimensions of lots, easements, 
tracts, right-of-way) with the approved preliminary plat, and all conditions of approval 
have been satisfied; 
2. All permit fees and deposits have been paid. 
3. All public improvements required by the preliminary plat have been installed and 
approved by the City Engineer or appropriate service provider (e.g., road authority). 
Alternatively, the developer has provided a performance guarantee in accordance with 
Section 4.3.180; 
4. The streets and roads for public use are dedicated without reservation or restriction 
other than reversionary rights upon vacation of any such street or road and easements 
for public utilities; 
5. The areas and tracts held for private uses have been approved by the City as 
conforming to the preliminary plat; 
6. The plat and deed contain a dedication to the public of all public use areas, public 
improvements, and associated easements, including but not limited to streets, public 
pathways and trails, access reserve strips, parks, open space, sewage disposal, storm 
drainage and water supply systems; 
7. The applicant has provided copies of all recorded homeowners association Covenants, 
Conditions and Restrictions (CC&R's); deed restrictions; private easements and 
agreements (e.g., for access, common areas, parking, etc.); and other recorded 
documents pertaining to common improvements recorded and referenced on the plat; 
8. The plat complies with the applicable Sections of this code (i.e., there have been no 
changes in land use or development resulting in a code violation since preliminary plat 
approval); 
City of Silverton 
Zoning and Development Code 
4-64 City Council Approved 
October 6, 2008 
4.3.170 & 180 - Public Improvements Guarantee 
9. Certification by the City or service district, as applicable, that water and sanitary sewer 
service is available to every lot depicted on the plat; or bond, contract or other 
assurance has been provided by the subdivider/partitioner to the City that such services 
will be installed in accordance with Chapter 3.4 - Public Facilities, and the bond 
requirements of Section 4.3.180. The amount of the bond, contract or other assurance 
by the subdivider/partitioner shall be determined by a registered professional engineer, 
subject to review and approval by the City; 
10. The plat contains an affidavit by the surveyor who surveyed the land, represented on 
the plat to the effect the land was correctly surveyed and marked with proper 
monuments as provided by ORS Chapter 92, indicating the initial point of the survey, 
and giving the dimensions and kind of such monument and its reference to some corner 
approved by the County Surveyor for purposes of identifying its location. 
4.3.170 Public Improvements Required 
Before City approval is certified on the final plat, all required public improvements shall be 
installed, inspected, and approved. Alternatively, the subdivider/partitioner shall provide a 
performance guarantee, in accordance with Section 4.3.180. Temporary public facilities will 
not be allowed. 
4.3.180 Performance Guarantee 
A. Performance Bonds for Public Improvements. On all projects where public 
improvements are required, the City shall require the developer or subdivider to provide 
bonding or other performance guarantees acceptable to the Public Works Director to ensure 
completion of required public improvements. The bond or other assurance (e.g. letter of 
irrevocable credit) shall be equal to 110% of the of the total construction cost estimate for 
all public infrastructure to be provided, as approved by the Public Works Director, 
or designee. In addition, the construction cost estimate must either be an engineer's 
estimate, in writing, or a copy of the contractor's price agreement having sufficient detail 
for the Public Works Director, or designee, to verify reasonable unit pricing. 
B. Release of Performance Bonds. The bond or other assurance shall be released when the 
Public Works Director, or designee, finds the public improvements are complete and 
conforms to the site development approval, including all conditions of approval. Upon 
acceptance of the completed public improvements, a one year warranty bond, deposit or 
other assurances approved by the Public Works Director, or designee, shall be required 
and, shall cover a minimum of 20 percent of the public improvements construction cost for 
the project. 
City of Silverton 
Zoning and Development Code 
4-65 City Council Approved 
October 6, 2008 
4.3.190 & 200 - Filing and Re-platting 
C. Completion of Landscape Installation. Landscaping shall be installed prior to issuance 
of occupancy permits, unless security equal to the cost of the landscaping as determined by 
a qualified landscape architect is filed with the Community Development Director assuring 
such installation within six months after occupancy. If the installation of the landscaping is 
not completed within the six-month period, the security may be used by the City to 
complete the installation. 
D. When Subdivider Fails to Perform. In the event the developer fails to carry out all 
provisions of the agreement and the City has un-reimbursed costs or expenses resulting 
from such failure, the City shall call on the bond, cash deposit or letter of credit for 
reimbursement. 
E. Termination of Performance Guarantee. The developer shall not cause termination of 
nor allow expiration of the guarantee without having first secured written authorization 
from the City. 
4.3.190 Filing and Recording 
A. Filing Plat with County. Within 60 days of the City approval of the final plat, the 
applicant shall submit the final plat to the County for signatures of County officials as 
required by ORS Chapter 92. 
B. Proof of Recording. Upon final recording with the County, the applicant shall submit to 
the City a mylar copy and 5 paper copies of all sheets of the recorded final plat. This shall 
occur prior to the issuance of building permits for the newly created lots. 
C. Prerequisites to Recording the Plat. 
1. No plat shall be recorded unless all ad valorem taxes and all special assessments, fees, 
or other charges required by law to be placed on the tax roll have been paid in the 
manner provided by ORS Chapter 92; 
2. No plat shall be recorded until it is approved by the County Surveyor in the manner 
provided by ORS Chapter 92. 
4.3.200 Re-platting and Vacation of Plats and Easements. 
A. Re-platting and Vacations. Any plat or portion thereof or easement may be re-platted or 
vacated upon receiving an application signed by all of the owners as appearing on the deed. 
B. Procedure. All applications for a re-plat or vacation shall be processed in accordance with 
the procedures and standards for a subdivision or partition (i.e., the same process used to 
create the plat shall be used to re-plat or vacate the plat). The same appeal rights provided 
through the subdivision and partition process shall be afforded to the plat vacation process. 
(See Chapter 4.1 - Types of Applications and Review Procedures.) The road authority(ies) 
City of Silverton 4-66 City Council Approved 
Zoning and Development Code October 6, 2008 
4.3.190 & 200 - Filing and Re-platting 
shall be notified of all applications for re-plats and street vacations. All street vacations 
shall also conform to the ORS Chapter 271. 
C. Basis for Denial. A re-plat or vacation application may be denied if it abridges or destroys 
any public right in any of its public uses, improvements, streets or alleys; or if it fails to 
meet any applicable criteria. 
D. Recording of Vacations. All approved plat vacations shall be recorded in accordance with 
4.3.190 and the following procedures: 
1. Once recorded, a re-plat or vacation shall operate to eliminate the force and effect of 
the plat prior to vacation; and 
2. Vacations shall also divest all public rights in the streets, alleys and public grounds, and 
all dedications described on the plat. 
E. After Sale of Lots. When lots have been sold, the plat may be vacated only in the manner 
herein, and provided that all of the owners of lots within the platted area consent in writing 
to the plat vacation. 
F. Street Requirement. Except as prohibited by law (e.g., ORS 92.837, Manufactured Home 
Park), in approving a right-of-way vacation or re-plat, the City may require dedication of 
access ways, paths or trails as a condition of the vacation of any public easement or right-
of-way, in order to establish or maintain a safe, convenient and direct pedestrian and 
bicycle circulation system. Such requirements shall be coordinated with the applicable road 
authority. 
City of Silverton 
Zoning and Development Code 
4-67 City Council Approved 
October 6, 2008 
4.3.210 - Property Line Adjustments 
4.3.210 Property Line Adjustments 
A Property Line Adjustment is the modification of lot boundaries, when no lot is created or 
removed. The application submission and approval process is as follows: 
A. Submission Requirements. All applications for Property Line Adjustment shall be made 
on forms provided by the City and shall include information required for a Type II 
application, as governed by Section 4.1.300. The application shall include a preliminary 
lot line map drawn to scale identifying all existing and proposed lot lines and dimensions; 
footprints and dimensions of existing structures (including accessory structures); location 
and dimensions of driveways and public and private streets within or abutting the subject 
lots; wetlands; flood plain; existing fences and walls; and any other information deemed 
necessary by the Community Development Director or designee for ensuring compliance 
with City codes. 
B. Approval Process. 
1. Decision-making process. Property line adjustments shall be reviewed by means of a 
Type II procedure, as governed by Section 4.1.300, using review criteria contained in 
Section 4.3.210.C below. The road authority(ies) shall be notified of lot line 
adjustments that may affect property access or traffic volumes or operations on their 
facilities. 
2. Time limit on approval. The property line adjustment approval shall be effective for a 
period of one year from the date of approval, during which time it must be recorded. 
3. Lapsing of approval. The property line adjustment approval shall lapse if: 
a. The property line adjustment is not recorded within the time limit in Section 
4.3.210.B(2); 
b. The property line adjustment has been improperly recorded with the County 
without the satisfactory completion of all conditions attached to the approval; or 
c. The final recording is a departure from the approved plan. 
C. Review Criteria. The Community Development Director or designee shall consider the 
following review criteria and may approve, approve with conditions or deny a request for a 
property line adjustment in writing based on all of the following: 
1. Parcel Creation. No additional parcel or lot is created or removed by the lot line 
adjustment; 
2. Lot standards. All lots and parcels conform to the applicable lot standards of the land 
use district (Article 2) including lot area, dimensions, setbacks, and coverage, and no 
resulting lot is wholly comprised of a flood hazard area or jurisdictional wetland; 
City of Silverton 
Zoning and Development Code 
4-68 City Council Approved 
October 6, 2008 
4.3.210 - Property Line Adjustments 
3. Access and Road authority Standards. All lots and parcels conform to the standards or 
requirements of Chapter 3.1 - Access and Circulation, and all applicable road authority 
requirements are met. If a lot is nonconforming to any City or road authority standard, 
it shall not be made even less conforming by the property line adjustment; 
D. Recording Property Line Adjustments. 
1. Recording. Upon the City's approval of the proposed property line adjustment, the 
applicant shall record the property line adjustment with the County within 1 year of 
approval (or the decision expires), and submit a copy of the recorded survey map to the 
City, to be filed with the approved application. 
2. Time limit. The applicant shall submit a copy of the recorded property line adjustment 
survey map to the City within 15 days of recording and prior to the issuance of any 
building permits on the re-configured lots. 
E. Extension. 
The City shall, upon written request by the applicant and payment of the required fee, grant a 
written extension of the approval period not to exceed one year provided that: 
1. No changes are made to the original property line adjustment as approved by the City; 
2. The applicant can show intent of recording the approved plan within the one-year 
extension period; 
3. There have been no changes in the applicable Code or plan provisions on which the 
approval was based. In the case where the property line adjustment conflicts with a 
code change, the extension shall be denied; and 
4. The extension request is made before expiration of the original approved plan. 
City of Silverton 
Zoning and Development Code 
4-69 City Council Approved 
October 6, 2008 
4.4 - Conditional Use 
Chapter 4.4 Conditional Uses 
Sections: 
4.4.100 Conditional Uses - Purpose 
4.4.200 Conditional Uses - Approvals Process 
4.4.300 Conditional Uses - Application Submission Requirements 
4.4.400 Conditional Uses - Criteria, Standards and Conditions of Approval 
4.4.500 Conditional Uses - Additional Development Standards 
4.4.100 Conditional Uses - Purpose 
There are certain uses, which, due to the nature of their impacts on surrounding land uses and 
public facilities, require a case-by-case review and analysis. These are identified as 
"Conditional Uses" in Article 2 - Land Use Districts. The purpose of Chapter 4.4 is to provide 
standards and procedures under which a conditional use may be permitted, enlarged or altered 
if the site is appropriate and if other appropriate conditions of approval can be met. 
4.4.200 Conditional Uses - Approvals Process 
A. Initial Application. An application for a new conditional use shall be processed as a Type 
III procedure (Section 4.1.400). The application shall meet submission requirements in 
Section 4.4.300, and the review criteria contained in Section 4.4.400. 
B. Modification of Approved or Existing Conditional Use. Modifications to approved or 
existing conditional uses shall be processed in accordance with Chapter 4.6 -
Modifications. 
4.4.300 Conditional Uses - Application Submission Requirements 
An application for conditional use approval must include the following information (1-8), as 
applicable. For a description of each item, please refer to Section 4.2.500 - Design Review 
Application Submission Requirements. Five (5) copies of the application shall be submitted for 
the initial review by City staff. An additional seven (7) copies of the complete application shall 
be submitted by a date the Community Development Director requires (i.e., for the Planning 
Commission hearing): 
1. Existing site conditions; 
2. Site plan; 
3. Preliminary grading plan; 
4. A landscape plan; 
5. Architectural drawings of all structures; 
City of Silverton 
Zoning and Development Code 
4-70 City Council Approved 
October 6, 2008 
4.4 - Conditional Use 
6. Sign concept plan (e.g., locations, general size, style and materials of signs); 
7. A copy of all existing and proposed restrictions or covenants; 
8. Narrative report or letter documenting compliance with all applicable review criteria in 
Section 4.4.400. 
4.4.400 Conditional Uses - Criteria, Standards and Conditions of Approval 
The review body shall consider the following review criteria and may approve, approve with 
conditions, or deny an application for a conditional use or to enlarge or alter a conditional use 
based on findings of fact with respect to each of the standards and review criteria in A-C. 
A. Review Criteria. 
1. The proposal satisfies the Conditional Use application submittal and content 
requirements; 
2. The proposed use is listed as a conditional use in the zoning district, or the review body 
has determined it is similar to a use listed as such; 
3. The proposed use will be compatible with existing and reasonable anticipated uses in 
the district, in terms of size and intensity of use; building scale, style, materials, and 
detailing; setbacks and lot coverage; landscaping; and other relevant code 
considerations; or the proposal provides for mitigation of difference in appearance, 
scale or intensity through such means as setbacks, screening, landscaping, or other 
design features that achieve the intended compatibility; 
4. The proposed use will not have adverse noise, vibration, exhaust/emissions, light, glare, 
erosion, odor, dust, visibility, safety, aesthetic or other similar impacts that would be 
out of character for permitted uses the district; 
5. The negative impacts of the proposed use on adjacent properties and on the public can 
be mitigated through application of other Code standards, or other conditions of 
approval; and 
6. The transportation system is capable of supporting the proposed use, in addition to the 
existing uses in the subject area. Evaluation factors include, but are not limited to, street 
capacity and level of service, on-street parking impacts, access requirements, and 
pedestrian safety and comfort. 
7. Public services for water, sanitary and storm sewer, water management, and fire and 
police protection are capable of servicing the proposed use; 
City of Silverton 
Zoning and Development Code 
4-71 City Council Approved 
October 6, 2008 
4.4 - Conditional Use 
8. The proposal will not have significant adverse impacts on the livability of nearby 
residentially zoned lands due to noise, glare, litter, hours of operation, privacy and 
safety. 
9. Any special features of the site such as topography, flood plain, wetlands, vegetation, 
historic resources, and any other similar features, have been adequately considered and 
safeguarded, and the characteristics of the site are suitable for the proposed use 
considering size, shape, location, topography and location of improvements and natural 
features. 
B. Site Design Standards. Conditional Use applications must conform to the Design Review 
review criteria in Section 4.2.600. 
C. Conditions of Approval. The review body may impose conditions that are found 
necessary to ensure that the use is compatible with other uses in the vicinity, and that the 
negative impact of the proposed use on the surrounding uses and public facilities is 
minimized. These conditions include, but are not limited to, the following: 
1. Limiting the hours, days, place and/or manner of operation; 
2. Requiring site or architectural design features that minimize environmental impacts 
such as noise, vibration, exhaust/emissions, light, glare, erosion, odor and/or dust; 
3. Requiring larger setback areas, lot area, and/or lot depth or width; 
4. Limiting the building or structure height, size or lot coverage, and/or location on the 
site; 
5. Designating the size, number, location and/or design of vehicle access points or parking 
areas; 
6. Requiring street right-of-way to be dedicated and street(s), sidewalks, curbs, planting 
strips, pathways, or trails to be improved; 
7. Requiring landscaping, screening, drainage, water quality facilities, and/or 
improvement of parking and loading areas; 
8. Limiting the number, size, location, height and/or lighting of buildings, signs, or other 
physical improvements; 
9. Limiting or setting standards for the location, design, and/or intensity of outdoor 
lighting; 
10. Requiring berms, screening or landscaping and the establishment of standards for their 
installation and maintenance; 
City of Silverton 
Zoning and Development Code 
4-72 City Council Approved 
October 6, 2008 
4.4 - Conditional Use 
11. Requiring and designating the size, height, location and/or materials for fences; 
12. Requiring the protection and preservation of existing trees, soils, vegetation, wetlands, 
watercourses, habitat areas, drainage areas, historic resources, and/or cultural resources; 
13. Requiring the dedication of sufficient land to the public, and/or construction of 
pedestrian/bicycle pathways in accordance with the adopted plans, or requiring the 
recording of a local improvement district non-remonstrance agreement for the same. 
Dedication of land and construction shall conform to the provisions of Chapter 3.1, and 
Section 3.1.300 in particular; and/or 
14. Requiring financial security (bonds, petitions, etc) to ensure completion of the proposed 
development and/or removal of the improvements at the cessation of the development. 
15. Establish a time table for periodic review and renewal, or expiration, of the conditional 
use subject to approval by the Planning Commission through a Type II Administrative 
Review. 
4.4.500 Conditional Uses - Additional Development Standards 
A. Concurrent Variance Application(s). A conditional use shall not grant variances to 
regulations otherwise prescribed by the Development Code. Variance application(s) may 
be filed in conjunction with the conditional use application, and both applications may be 
reviewed at the same hearing. 
B. Additional Development Standards. Development standards for specific uses are 
contained in Article 2 - Land Use Districts. 
City of Silverton 
Zoning and Development Code 
4-73 City Council Approved 
October 6, 2008 
4.5 - Planned Developments 
Chapter 4.5 Planned Developments 
Sections: 
4.5.100 Planned Development - Purpose 
4.5.110 Planned Development - Applicability 
4.5.120 Planned Development - Review and Approvals Process 
4.5.130 Planned Development - Modification of District Standards (Article 2) and 
Design Standards (Article 3) 
4.5.140 Planned Development - Concept Plan Submission 
4.5.150 Planned Development - Concept Plan Review criteria 
4.5.160 Planned Development - Administrative Procedures 
4.5.170 Planned Development - Detailed Development Plan Submission Requirements 
4.5.180 Planned Development - Detailed Development Plan Review Criteria 
4.5.190 Planned Development - Land Use Review, Design Review, Final Plat, and 
Building Permit Approvals 
4.5.200 Nullification of an approved Planned Development 
4.5.100 Planned Development - Purpose 
The purposes of this Section are to: 
A. Implement the Comprehensive Plan and applicable land use district(s) by providing a 
means for master planning large development sites, or sites with unique physical or 
ecological attributes; 
B. Encourage innovative planning that results in projects that benefit the community (i.e., 
through compatible mixed use development, affordable housing, improved protection of 
open spaces, transportation options and consistent application of standards in phased 
developments); 
C. Encourage developments that recognize the relationship between buildings, their use, open 
space, and transportation options, providing varied opportunities for innovative and 
diversified employment environments; 
D. Facilitate the efficient use of land; 
E. Promote an economic arrangement of land use, buildings, circulation systems, open space, 
and utilities; 
F. Preserve to the greatest extent possible the existing landscape features and amenities that 
may not otherwise be protected through conventional development; 
G. Encourage energy conservation and improved air and water quality and; 
H. Assist the City in planning infrastructure improvements. 
City of Silverton 
Zoning and Development Code 
4-74 City Council Approved 
October 6, 2008 
4.5 - Planned Developments 
4.5.110 Planned Development - Applicability 
The planned development designation is a development process that may be applied to any of 
the City's land use districts. An applicant may elect to develop a project as a planned 
development in compliance with the requirements of this Chapter, or the City may require a 
development be processed as such when a project cannot otherwise meet the applicable 
Development Code requirements, contains significant natural features, or is subject to the 
Hillside Protection Overlay. 
4.5.120 Planned Development - Review and Approvals Process 
A. Review Steps. There are three required steps to planned development approval, which 
may be reviewed individually or combined into one package for concurrent review: 
1. The approval of a planned development concept plan; 
2. The approval of a detailed development plan; and 
3. The approval of a preliminary subdivision plat(s) and/or Design Review application(s). 
B. Approval Process. 
1. The Planned Development (PD) Concept Plan shall be reviewed together using the 
Type III procedure in Section 4.1.400, the submission requirements in Section 4.5.170, 
and the review criteria in Section 4.5.150. 
2. The detailed development plan shall be reviewed using the Type III procedure in 
Section 4.1.400, to ensure substantial compliance with the approved concept plan. 
3. Preliminary subdivision plats and Design Review applications for approved planned 
developments shall be reviewed using a Type II procedure, as governed by Section 
4.1.300. 
4. Steps 1-3, above, may be combined in any manner, so long as the decision-making 
sequence follows that in Section 4.5.120.A, above. Notification and hearings may be 
combined. 
4.5.130 Planned Development - Modification of District Standards (Article 2) and 
Design Standards (Article 3) 
The Planning Commission may approve modifications or adjustments to the standards in 
Article 2 and/or Article 3 through the Planned Development approval without the need for 
variances upon finding that all of the following criteria are met: 
City of Silverton 
Zoning and Development Code 
4-75 City Council Approved 
October 6, 2008 
4.5 - Planned Developments 
A. Comprehensive Plan. The modification or adjustment equally or better meets the intent of 
the Comprehensive Plan and Development Code section(s) to be modified, as compared to 
a project that strictly conforms to code standards. 
B. Public Benefit. The modification or adjustment results in an overall net benefit to the 
public; e.g., clustering of smaller lots results in a greater variety of housing, greater 
affordability in housing, more open space or more usable open space, greater protection of 
natural features, avoidance of natural hazards (e.g., geological hazards or drainage ways), 
superior architecture, and/or improved transportation planning in new development. 
C. Public improvement standards and engineering design criteria shall not be modified 
without variance to such standards approved by the City Engineer. The City may grant 
such variances concurrently with the planned development; 
D. Residential densities shall not exceed those allowed under the Comprehensive Plan and 
where steep slopes exist, shall follow the procedures found in Chapter 2.6; and 
E. Commercial and Mixed-Use Developments may be approved in a Residential District 
Planned Development, provided the commercial component of the project, including 
building area, parking and landscape/commercial common area, does not exceed 20 percent 
of the subject Planned Development land area. 
F. Industrial uses shall not be allowed in a Residential District Planned Development. 
4.5.140 Planned Development - Concept Plan Submission 
The applicant shall submit five (5) copies of all of the following information (A-B) for the 
initial review by City staff. An additional seven (7) copies of the complete application shall be 
submitted for the Planning Commission hearing, by a date the Community Development 
Director specifies. 
A. General Submission Requirements. The applicant shall submit an application containing 
all of the general information required for a Type III procedure, as governed by Section 
4.1.400. In addition, the applicant shall submit all of the following: 
1. A statement of planning objectives to be achieved by the planned development through 
the particular approach proposed by the applicant. This statement should include a 
description of the character of the proposed development and the rationale behind the 
assumptions and choices made by the applicant; 
2. A development schedule indicating the approximate dates when construction of the 
planned development and its various phases are expected to be initiated and completed; 
3. A statement of the applicant's intentions with regard to the future selling or leasing of 
all or portions of the planned development. 
4. Narrative report or letter documenting compliance with the applicable review criteria 
contained in Section 4.5.150; and 
City of Silverton 
Zoning and Development Code 
4-76 City Council Approved 
October 6, 2008 
4.5 - Planned Developments 
5. Special studies prepared by qualified professionals (e.g., engineers or scientists) may be 
required by the Community Development Director, Planning Commission or City 
Council to determine potential traffic, geologic, stormwater, environmental, natural 
resource and other impacts, and required mitigation. 
B. Additional Information. In addition to the general information described in Subsection 
"A" above, the concept plan, data, and narrative shall include the following exhibits and 
information: 
1. Existing Conditions map, as defined in Section 4.2.500 - Design Review Application 
Submission Requirements; 
2. Conceptual site plan (e.g., general land use, building envelopes, circulation, open space, 
utility connections, and other information necessary to convey the concept plan); 
3. Grading concept (for hillside or sloping properties, or where extensive grading is 
anticipated), consistent with the Hillside Protection Overlay, as applicable; 
4. Landscape concept (e.g., shows retention of existing vegetation and general planting 
areas); 
5. Architectural concept (e.g., information sufficient to describe architectural styles, 
building heights, and general materials); 
6. Sign concept plan (e.g., locations, general size, style and materials of signs); and 
7. Copy of all existing covenants and restrictions, and general description of proposed 
restrictions or covenants (e.g., for common areas, access, parking, etc.). 
4.5.150 Planned Development - Concept Plan Review Criteria 
The City shall consider the following review criteria and may approve, approve with 
conditions or deny a planned development concept plan based on the following: 
A. Comprehensive Plan. All relevant provisions of the Comprehensive Plan are met; 
B. Land Division Chapter. All of the requirements for land divisions, including requirements 
for pre-planning large sites under Section 4.3.112; 
C. Article 2 and Article 3 Standards. All of the land use, development, and design standards 
contained in Articles 2 and 3 are met, except as may be modified in Section 4.5.130 
D. Open Space. Master plans shall contain a minimum of 15 percent usable common open 
space. Common open space shall be integral to the master plan. Plans shall emphasize 
public gathering places such as plazas, neighborhood parks, trails, and other publicly 
City of Silverton 
Zoning and Development Code 
4-77 City Council Approved 
October 6, 2008 
4.5 - Planned Developments 
accessible spaces that integrate land use and transportation and contribute toward a sense of 
place. Where public or common private open space is designated, the following standards 
apply: 
1. The open space area shall be shown on and recorded with the final plat; and 
2. The open space shall be conveyed in accordance with one of the following methods: 
a. By dedication to the City as publicly owned and maintained open space. Open 
space proposed for dedication must be acceptable to the Community Development 
Director with regard to the size, shape, location, improvement, environmental 
condition (i.e., the applicant may be required to provide a level one environmental 
assessment), and budgetary and maintenance abilities; 
b. By leasing or conveying title (including beneficial ownership) to a corporation, 
home association or other legal entity, with the City retaining the development 
rights to the property. The terms of such lease or other conveyance must include 
provisions (e.g., maintenance, property tax payment, etc.) suitable to the City. 
4.5.160 Planned Development - Administrative Procedures 
A. Time Limit on Filing of Detailed Development Plan. Within three (3) years after the 
date of approval of the concept plan, the applicant or his or her successor shall file with the 
City a detailed development plan, in conformance with Section 4.5.170 through 4.5.180. 
B. Extension. The City may, upon written request by the applicant and payment of the 
required fee, grant an extension of the approval not to exceed one year provided that: 
1. No changes have been made on the original conceptual development plan as approved; 
2. The applicant can show intent of applying for detailed development plan review within 
the one-year extension period; 
3. There have been no changes to the applicable Comprehensive Plan policies and 
ordinance provisions on which the approval was based; and 
4. The extension request is made before expiration of the original approval period. 
City of Silverton 4-78 City Council Approved 
Zoning and Development Code October 6, 2008 
4.5 - Planned Developments 
4.5.170 Planned Development - Detailed Development Plan Submission 
Requirements 
The contents of the detailed development plan shall follow the requirements specified for a 
Conceptual Plan incorporating any conditions of approval for the concept plan as well as 
contain the following: 
A. Location and floor area of existing and proposed structures and other improvements, 
including maximum heights, building types, and gross density per acre (for residential 
developments) and location of fire hydrants, overhead lines in the abutting right-of-way, 
easements and walkways; 
B. Typical elevations of buildings and structures (which may be submitted on additional 
sheets) sufficient to indicate the architectural intent and character of the proposed 
development; 
C. Landscape plan drawn to scale showing location of existing trees and vegetation proposed 
to be removed from or to be retained on the site, location and design of landscape areas, 
varieties and sizes of trees and plant materials to be planted, other landscape features 
including walls and fences, and irrigation systems required to maintain plant materials; 
D. Detailed utilities plan indicating how sanitary sewer, storm sewer, drainage, and water 
systems will function; 
E. Circulation plan showing street, driveway, parking area, service area, loading area, 
pedestrian way, and bikeway improvements and their dimensions; 
F. Location and dimensions of all areas to be conveyed, dedicated, or reserved as common 
open spaces, public parks, recreational areas, school sites, and similar public and 
semipublic areas; 
G. Exterior lighting plan indicating the location, size, height, typical design, material, color, 
and method and direction of illumination. 
The detailed development plan may combine land division, development review, Design 
Review, and/or other applications for concurrent review and approval. The detailed 
development plan shall be reviewed using a Type III procedure. 
4.5.180 Planned Development - Detailed Development Plan Review Criteria 
The City shall approve the detailed development plan upon finding that the final plan conforms 
to the concept plan and required conditions of approval. If the detailed plan request combines 
other land use and development applications, as provided in Section 4.5.180, those applications 
shall additionally be subject to the applicable review criteria in Article 4. Minor changes to the 
approved concept plan may be approved with the detailed plan, when the review body finds 
City of Silverton 
Zoning and Development Code 
4-79 City Council Approved 
October 6, 2008 
4.5 - Planned Developments 
that the modification(s) is/are consistent with the criteria in A-H, below. Changes exceeding 
those in subsections A-H, below, must be reviewed as major modifications under Chapter 4.6. 
A. Increased residential densities (overall or reallocated between development phases) by no 
more than 10 percent from the concept plan, provided such increase conforms to the 
Comprehensive Plan and underlying District; 
B. Increase in lot coverage or impervious surface (overall or reallocated between 
development phases) by no more than 10 percent over that which is approved; 
C. Reduction in open space or landscaping by no more than 10 percent; 
D. Increase in overall automobile parking spaces by no more than 10 percent; 
E. Land use. No change in land use shall be permitted without a major modification to the 
concept plan; 
F. Proposals to add or increase lot coverage within areas subject to a potential hazard or 
requiring protection under the Comprehensive Plan shall require a major modification 
to the concept plan; 
G. Major changes in the location of buildings, proposed streets, parking lot 
configuration, utility easements, landscaping or other site improvements shall require 
a Major Modification pursuant to Chapter 4.6. "Major" in this subsection means by 
more than 100 feet, or 10 percent, relative to setbacks; and 
H. Other substantial modifications not listed in A-G, above, shall require approval of a 
major modification, in conformance with Chapter 4.6. 
4.5.190 Planned Development - Land Use Review, Design Review, Final Plat, and 
Building Permit Approvals 
A. Land Use and Design Reviews. For projects requiring land use or Design Review, all 
such approvals must be final and appeal periods expired before the City issues building 
permits. Chapter 4.2 applies to Design Review. 
B. Land Divisions. For projects requiring a land division, the preliminary land division plats 
must be final and appeal periods expired before a final plat is approved and building 
permits issued. Chapter 4.3 applies to land divisions. 
C. Streamlined Review Option. Applications for preliminary land division plats, land use 
reviews, and Design Review applications that are part of an approved Planned 
Development may be reviewed using a Type II procedure, rather than the conventional 
Type III procedure. This shall be the applicant's option. The variation from the standard 
procedures of Chapter 4.2 - Design Review, and Chapter 4.3 - Land Divisions is intended 
to streamline review of projects that have received Planned Development approvals, since 
those projects have previously been subject to public review and hearings. 
City of Silverton 
Zoning and Development Code 
4-80 City Council Approved 
October 6, 2008 
4.5 - Planned Developments 
4.5.200 Nullification of an approved Planned Development 
A. Property owner(s) or their authorized agents may apply to nullify an approved Planned 
Development (conceptual or detailed) by filing an application form provided by the 
Director through a Type III procedure. 
B. The burden of proof is on the applicant to justify Nullification of an approved Planned 
Development (conceptual or detailed) by giving substantial evidence that: 
1. Developing the property under conventional zoning standards and regulations will not 
create Nonconforming Development; 
2. Special circumstances such as building relationships, drainageways, public 
improvements, topography, etc., that were to be addressed through the Planned 
Development process can be dealt with as effectively through conventional standards. 
3. Conditions of Approval attached by the hearing authority to the approved Planned 
Development can be met or are no longer necessary; and 
4. Prior commitments arising from the Planned Development approval involving the 
subject property or impacting adjacent properties or City interests (i.e. sewer, water 
streets parks, drainage or other interests) will not be adversely affected by the 
nullification. In the case of density transfers, phasing of public infrastructure, 
provisions of open space and/or recreational amenities, the nullification may not 
provide a greater benefit or burden than would have remained had the planned 
development not been approved and utilized. 
C. Action. The approval body may approve or deny a Planned Development nullification. 
City of Silverton 
Zoning and Development Code 
4-81 City Council Approved 
October 6, 2008 
4.6 - Modifications to Approved Plans and Conditions of Approval 
Chapter 4.6 Modifications to Approved Plans and 
Conditions of Approval 
Sections: 
4.6.100 Modifications - Purpose 
4.6.200 Modifications - Applicability 
4.6.300 Major Modifications 
4.6.400 Minor Modifications 
4.6.100 Modifications - Purpose 
The purpose of this Chapter is to provide an efficient process for modifying land use decisions 
and approved development plans, in recognition of the cost and complexity of land 
development and the need to conserve City resources. 
4.6.200 Modifications - Applicability 
A. This Chapter applies to all development applications approved through the provisions of 
Chapter 4, including: 
1. Land Use Review approvals; 
2. Design Review approvals; 
3. Subdivisions, Partitions, and Property Line Adjustments; 
4. Conditional Uses; 
5. Planned Developments; and 
6. Conditions of approval on any of the above permit types. 
B. This Chapter does not apply to Comprehensive Plan amendments, land use district changes, 
text amendments, annexations, temporary use permits, or other permits not listed in 
subsection A. 
City of Silverton 
Zoning and Development Code 
4-82 City Council Approved 
October 6, 2008 
4.6.300 - Major Modifications 
4.6.300 Major Modifications 
A. Major Modification Defined. The Community Development Director shall determine 
that a major modification(s) is required if one or more of the changes listed below are 
proposed: 
1. A change in land use; 
2. An increase in density by more than 10 percent, provided the resulting density does not 
exceed that allowed by the land use district; 
3. A change in setbacks or lot coverage by more than 10 percent, provided the resulting 
setback or lot coverage does not exceed that allowed by the land use district; 
4. A change in the type and/or location of access-ways, drives or parking areas affecting 
off-site traffic; 
5. An increase in the floor area proposed for non-residential use by more than 15 percent 
where previously specified; 
6. A reduction of more than 10 percent of the area reserved for common open space; or 
7. Change to a condition of approval, or a change similar to items 1-6, that could have a 
detrimental impact on adjoining properties. The Community Development Director 
shall have discretion in determining detrimental impacts warranting a major 
modification. 
B. Major Modification Applications; Review Criteria. An applicant may request a major 
modification using a Type II or Type III review procedure, as follows: 
1. Upon the Community Development Director determining that the proposed 
modification is a major modification, the applicant shall submit an application form, 
non-refundable filing fee and narrative, and a site plan using the same plan format as in 
the original approval. The Community Development Director may require other 
relevant information, as necessary, to evaluate the request. 
2. The application shall be subject to the same review procedure (Type II or III), decision 
making body, and review criteria used for the initial project approval, except that 
adding a conditional use to an approved project shall be reviewed using a Type III 
procedure. 
3. The scope of review shall be limited to the modification request. For example, a 
request to modify a parking lot shall require Design Review only for the proposed 
parking lot and any changes to associated access, circulation, pathways, lighting, trees, 
and landscaping. Notice shall be provided in accordance with Chapter 4.1. 
City of Silverton 
Zoning and Development Code 
4-83 City Council Approved 
October 6, 2008 
4.6.300 - Major Modifications 
4. Due to the inter-related nature of Planned Developments, modifications to approved 
Planned Developments may be reviewed in the context of the entire approved Planned 
Development allowing for adjustments, mitigation and redesign to ensure the intent of 
the original Planned Development approval is achieved as a whole or the modification 
is an improvement on the original approval 
5. The decision making body shall approve, deny, or approve with conditions an 
application for major modification based on written findings on the criteria. 
City of Silverton 
Zoning and Development Code 
4-84 City Council Approved 
October 6, 2008 
4.6.400 - Minor Modifications 
4.6.400 Minor Modifications 
A. Minor Modification. Any modification to a land use decision or approved development 
plan that is not within the description of a major modification as provided in Section 
4.6.300.A, above. 
B. Minor Modification Review Procedure. An application for approval of a minor 
modification shall be reviewed by the Community Development Director using a Type I or 
a Type II review procedure under Section 4.1.200 or 4.1.300. The Community 
Development Director is responsible for determining the appropriate review procedure 
based on the following criteria: 
1. Minor modifications that involve only clear and objective code standards may be 
reviewed using a Type I procedure; 
2. Minor modifications that involve one or more discretionary standards shall be reviewed 
through Type II procedure; and 
C. When the code is unclear on whether the application should be a Type I or Type II review, 
a Type II procedure shall be used. 
D. Minor Modification Applications. An application for minor modification shall include an 
application form, filing fee and narrative, and a site plan using the same plan format as in 
the original approval. The Community Development Director may require other relevant 
information, as necessary, to evaluate the request. 
E. Minor Modification Review Criteria. The Community Development Director shall 
approve, deny, or approve with conditions an application for minor modification based on 
written findings that the modification is in compliance with all applicable requirements of 
the Development Code and conditions of approval on the original decision, and the 
modification is not a major modification as described in Section 4.6.300.A, above. 
City of Silverton 
Zoning and Development Code 
4-85 City Council Approved 
October 6, 2008 
4.7 - Land Use District Map and Development Code Text Amendments 
Chapter 4.7 Zoning Map and Development Code Text 
Amendments 
Sections: 
4.7.100 Amendments - Purpose 
4.7.200 Legislative Amendments 
4.7.300 Quasi-Judicial Amendments 
4.7.400 Reserved 
4.7.500 Record of Amendments 
4.7.600 Transportation Planning Rule Compliance 
4.7.100 Amendments - Purpose 
The purpose of this chapter is to provide standards and procedures for legislative and quasi-
judicial amendments to this Code and the zoning map. These will be referred to as "map and 
text amendments." Amendments may be necessary from time to time to reflect changing 
community conditions, needs and desires, to correct mistakes, or to address changes in the law. 
4.7.200 Legislative Amendments 
Legislative amendments are policy decisions made by City Council. They are reviewed using 
the Type IV procedure in Section 4.1.500. Amendments to the Comprehensive Plan and 
amendments to Zoning and Development Code or Zoning Map necessitating a Comprehensive 
Plan amendment, may be approved if the City Council finds that the change is consistent with 
the following criteria: 
A. The amendment is consistent with the goals and policies of the Comprehensive Plan, the 
statewide planning goals, and any relevant area plans adopted by the City Council; 
B. The amendment conforms to the Transportation Planning Rule provisions as implemented 
through Section 4.7.600 of this Code; and 
C. The amendment is in the public interest; for example, it is needed to meet changing 
conditions or new laws. 
City of Silverton 
Zoning and Development Code 
4-86 City Council Approved 
October 6, 2008 
4.7 - Land Use District Map and Development Code Text Amendments 
4.7.300 Quasi-Judicial Amendments 
A. Applicability of Quasi-Judicial Amendments. Quasi-judicial amendments are those that 
involve the application of adopted policy to a specific development application or Code 
revision, and not the adoption of new policy (i.e., through legislative decisions). Quasi-
judicial zone map amendments shall follow the Type III procedure, as governed by Section 
4.1.400, using standards of approval in Section 4.7.300.B. The approval authority for such 
actions shall be as follows: 
1. The Planning Commission shall review and recommend zoning map changes that do 
not involve comprehensive plan map amendments; 
2. The Planning Commission shall make a recommendation to the City Council on an 
application for a comprehensive plan map amendment. The City Council shall decide 
such applications; and 
3. The Planning Commission shall make a recommendation to the City Council on a 
zoning change application that also involves a comprehensive plan map amendment 
application. The City Council shall decide both applications. 
B. Criteria for Quasi-Judicial Amendments. The City shall consider the following review 
criteria and may approve, approve with conditions or deny a quasi-judicial amendment 
based on the following; if the application for an amendment originates from a party other 
than the City, the applicant shall bear the burden of proof. 
1. Approval of the request is consistent with the Statewide Planning Goals; 
2. Approval of the request is consistent with the relevant Comprehensive Plan policies and 
on balance has been found to be more supportive of the Comprehensive Plan as a whole 
than the old designation; 
3. The requested designation is consistent with any relevant area plans adopted by the 
City Council; 
4. The requested designation is consistent with the Comprehensive Plan map pattern and 
any negative impacts upon the area resulting from the change, if any, have been 
considered and deemed acceptable by the City; 
5. A public need will be met by the proposed change that is not already met by other 
available properties, or the amendment corrects a mistake or inconsistency in the 
comprehensive plan or zoning map regarding the property which is the subject of the 
application; 
6. The property and affected area is presently provided with adequate public facilities, 
services and transportation networks to support the use, or such facilities, services and 
transportation networks are planned to be provided in the planning period; and 
7. The amendment conforms to other applicable provisions of this Code, such as the 
Transportation Planning Rule requirements incorporated into Section 4.7.600. 
City of Silverton 
Zoning and Development Code 
4-87 City Council Approved 
October 6, 2008 
4.7 - Land Use District Map and Development Code Text Amendments 
8. Any amendment involving a change to the City's urban growth boundary shall conform 
to applicable State planning rules for such amendments. 
4.7.400 Reserved 
4.7.500 Record of Amendments 
The City Recorder shall maintain a record of amendments to the text of this Code and the 
zoning map. 
4.7.600 Transportation Planning Rule Compliance. 
A. Review of Applications for Effect on Transportation Facilities. When a development 
application includes a proposed comprehensive plan amendment or zoning change, the 
proposal shall be reviewed to determine whether it significantly affects a transportation 
facility, in accordance with Oregon Administrative Rule (OAR) 660-012-0060 (the 
Transportation Planning Rule - TPR) and the Traffic Impact Study provisions of Section 
4.1.900. "Significant" means the proposal would: 
1. Change the functional classification of an existing or planned transportation facility 
(exclusive of correction of map errors). This would occur, for example, when a 
proposal causes future traffic to exceed the levels associated with a "collector" street 
classification, requiring a change in the classification to an "arterial" street, as 
identified by the City's Transportation System Plan (TSP); or 
2. Change the standards implementing a functional classification system; or 
3. As measured at the end of the planning period identified in the road authority's adopted 
TSP allow types or levels of land use that would result in levels of travel or access that 
are inconsistent with the functional classification of an existing or planned 
transportation facility; or 
4. Reduce the performance of an existing or planned transportation facility below the 
minimum acceptable performance standard identified in the road authority's TSP; or 
5. Worsen the performance of an existing or planned transportation facility that is 
otherwise projected to perform below the minimum acceptable performance standard 
identified in the road authority's TSP. 
B. Amendments That Affect Transportation Facilities. Except as provided in subsection 
C, amendments to the comprehensive plan and land use regulations that significantly affect 
a transportation facility shall assure that allowed land uses are consistent with the function, 
capacity, and level of service of the facility identified in the TSP. This shall be 
accomplished by one of the following: 
City of Silverton 
Zoning and Development Code 
4-88 City Council Approved 
October 6, 2008 
4.7 - Land Use District Map and Development Code Text Amendments 
1. Adopting measures that demonstrate that allowed land uses are consistent with the 
planned function of the transportation facility; or 
2. Amending the TSP to provide transportation facilities, improvements, or services 
adequate to support the proposed land uses; such amendments shall include a funding 
plan to ensure the facility, improvement, or service will be provided by the end of the 
planning period; or, 
3. Altering land use designations, densities, or design requirements to reduce demand for 
automobile travel and meet travel needs through other modes of transportation; or 
4. Amending the planned function, capacity or performance standards of the 
transportation facility; or 
5. Providing other measures as a condition of development or through a development 
agreement or similar funding method, specifying when such measures will be provided. 
C. Exceptions. Amendments to the Comprehensive Plan or land use regulations with a 
significant effect on a transportation facility, where the facility is already performing below 
the minimum acceptable performance standard identified in the road authority's 
transportation system plan (TSP), may be approved when all of the following criteria are 
met: 
1. The amendment does not include property located in an interchange area, as defined 
under applicable law; 
2. The currently planned facilities, improvements or services are not adequate to achieve 
the standard; 
3. Development resulting from the amendment will, at a minimum, mitigate the impacts 
of the amendment in a manner that avoids further degradation to the performance of the 
facility by the time of the development; and 
4. The road authority provides a written statement that the proposed funding and timing 
for the proposed development mitigation are sufficient to avoid further degradation to 
the facility. 
City of Silverton 
Zoning and Development Code 
4-89 City Council Approved 
October 6, 2008 
4.8 - Code Interpretations 
Chapter 4.8 Code Interpretations 
Sections: 
4.8.100 Interpretations - Purpose 
4.8.200 Code Interpretation Procedure 
4.8.100 Interpretations - Purpose 
Some terms or phrases within the Code may have two or more reasonable meanings. This section provides a process for resolving differences in the interpretation of the Code text. 
4.8.200 Code Interpretation Procedure 
A. Requests. A request for a code interpretation shall be made in writing to the Community 
Development Director. 
B. Decision to Issue Interpretation. The Community Development Director shall have the 
authority to interpret the code, or refer the request to the Planning Commission for its 
interpretation. The Community Development Director shall advise the person making the 
inquiry in writing within 14 days after the request is made, on whether or not, and how, the 
City will make an interpretation. 
C. Written Interpretation. If the City decides to issue an interpretation, it shall be issued in 
writing and shall be mailed or delivered to the person requesting the interpretation and any 
other person who specifically requested a copy. The written interpretation shall be issued 
within 14 days of the request. The decision shall become effective 14 days later, unless an 
appeal is filed in accordance with E below. 
D. Type II Procedure. Code Interpretation reviews shall follow a Type II procedure under 
Section 4.1.300. Alternatively, the Community Development Director may initiate a code 
interpretation (i.e., without an application being filed by a property owner) and ask the 
Planning Commission to ratify the decision, in which case the City shall provide notice of 
the decision to affected property owner(s) with an opportunity to appeal the decision to 
City Council. Such appeals must be filed in accordance with Section 4.1.400. 
E. Appeals. The applicant and any party who received notice or who participated in the 
proceedings through the submission of written or verbal evidence may appeal the decision 
to the Planning Commission for a Type III decision. The appeal must be filed within 14 
days after the interpretation was mailed or delivered to the applicant. Initiating an appeal 
requires filing a notice of appeal with the Community Development Director pursuant to 
Section 4.1.300 Type II appeal. 
F. Interpretations On File. The City shall keep on file a record of all code interpretations. 
City of Silverton 
Zoning and Development Code 
4-90 City Council Approved 
October 6, 2008 
4.9 Miscellaneous Permits 
Chapter 4.9 Miscellaneous Permits 
Sections: 
4.9.100 Temporary Use Permits 
4.9.200 Outdoor Seating Areas within the Public Right-of-Way 
4.9.100 Temporary Use Permits 
Temporary uses are characterized by their short term or seasonal nature and by the fact that 
permanent improvements are not made to the site. Temporary uses include, but are not limited 
to: construction trailers, leasing offices, temporary carnivals and fairs, parking lot sales, retail 
warehouse sales, and seasonal sales such as Christmas tree sales and vegetable stands. Three 
types of temporary uses require permit approval (See A, B and C): 
A. Seasonal and Special Events. These types of uses occur only once in a calendar year and 
for no longer a period than 30 days. Using the Type II procedure under Section 4.1.300, 
the City shall approve, approve with conditions or deny a temporary use permit based on 
findings that all of the following criteria are satisfied: 
1. The use is permitted in the underlying zone and does not violate any conditions of 
approval for the property (e.g., prior development permit approval); 
2. The applicant has proof of the property-owner's permission to place the use on his/her 
property; 
3. No parking will be utilized by customers and employees of the temporary use that is 
needed by the property owner to meet their minimum parking requirement under 
Chapter 3.3 - Parking and Loading; 
4. The use provides adequate vision clearance, as required by Section 3.1.200, and shall 
not obstruct pedestrian access on public streets; 
5. Ingress and egress are safe and adequate when combined with the other uses of the 
property; as required by Section 3.1.200 - Vehicular Access and Circulation; 
6. The use does not create adverse off-site impacts including vehicle traffic, noise, odors, 
vibrations, glare or lights that affect an adjoining use in a manner in which other uses 
allowed outright in the district do not affect the adjoining use; and 
7. The use is adequately served by sewer or septic system and water, if applicable. (The 
applicant shall be responsible for obtaining any related permits.) 
City of Silverton 4-91 City Council Approved 
Zoning and Development Code October 6, 2008 
4.9 Temporary Sales Office or Model Home 
B. Temporary Sales Office or Model Home. Using a Type I procedure under Section 
4.1.200, the City may approve, approve with conditions or deny an application for the use 
of any real property within the City as a temporary sales office for a period not to exceed 
one (1) year, or as approved by the Community Development Director, for the purpose of 
facilitating the sale of real property, or model home in any subdivision or tract of land 
within the City, but for no other purpose, based on the following criteria: 
1. Temporary sales office: 
a. The temporary sales office shall be located within the boundaries of the subdivision 
or tract of land in which the real property is to be sold and not interfere with traffic 
on any street or public way; 
b. The property to be used for a temporary sales office for dwellings or lots within the 
subject property shall not be permanently improved for that purpose, except as 
approved by the Community Development Director (e.g., model home); 
c. Conditions may be imposed regarding temporary utility connections, and as 
necessary to protect public health, safety, or welfare; 
d. The subject site shall be kept clean and neat; and 
e. Hours of operation for a sales office shall follow those for home occupations, 
except as approved by the Community Development Director for a caretaker. 
2. Model house: 
a. The model house shall be located within the boundaries of the subdivision or tract 
of land where the real property to be sold is situated; and 
b. The model house shall be designed as a permanent structure that meets all relevant 
requirements of this Code and other applicable codes and permit requirements, 
including landscaping. 
C. Temporary Building, Trailer, Kiosk, or Structure. Except as approved for mobile food 
vendors in a commercial or industrial district under Chapter 2.3.160., temporary or 
permanent placement of a building, trailer, kiosk, or structure, including but not limited to 
prefabricated building(s), for use on any real commercial or industrial property within the 
City shall require a land use permit. Using a Type II procedure, the City may approve, 
approve with conditions or deny an application for a placement of a building, trailer, kiosk, 
or structure for temporary use, or temporary placement, such as a temporary commercial or 
industrial use or space associated with the primary use on the property, for a period of not 
more than one year, based on following criteria: 
1. The temporary trailer or building shall be located within the specified property line 
setbacks of the parcel of land on which it is located; 
City of Silverton 
Zoning and Development Code 
4-92 City Council Approved 
October 6, 2008 
4.9 Temporary Sales Office or Model Home 
2. The primary use on the property to be used for a temporary trailer is already 
developed; 
3. Ingress and egress are safe and adequate as demonstrated by an approach permit 
approved by the road authority, as applicable. See also, Section 3.1.200 - Vehicular 
Access and Circulation; 
4. There is adequate parking for the customers or users of the temporary use as required 
by Chapter 3.3 - Parking and Loading; 
5. The use will not result in vehicular congestion on streets; 
6. The use will pose no impediment or hazard to pedestrians in the area of the use; 
7. The use does not create adverse off-site impacts including vehicle traffic, noise, 
odors, vibrations, glare or lights that affect an adjoining use in a manner that other 
uses allowed outright in the district do not affect the adjoining use; 
8. The building complies with applicable building codes; 
9. The use can be adequately served by sewer or septic system and water, if applicable. 
(The applicant shall be responsible for obtaining any related permits); and 
10. The length of time that the temporary building will be used does not exceed six (6) 
months. When a temporary building exceeds this time frame, the applicant shall be 
required to remove the building, or renew the temporary use permit. A temporary use 
permit shall be renewed no more than two (2) times, and shall expire no later than 
eighteen (18) months from the first approval date; and 
11. Conditions may be imposed regarding temporary utility connections, and as necessary 
to protect public health, safety, or welfare. 
D. Garage Sales. Garage sale signs shall conform to the applicable provisions of the 
Silverton Sign Code. Garage or yard sales shall be permitted in any residential zoning 
district subject to the following: 
1. Limited to the sale of household goods and equipment, plants, clothing, furniture, and 
the like. 
2. Limited to three (3) such sales per year per individual address. 
3. The duration of an individual sale shall not exceed three (3) days. 
4. The hours of operation shall be limited to 7:00 a.m. to 5:00 p.m. 
City of Silverton 
Zoning and Development Code 
4-93 City Council Approved 
October 6, 2008 
4.9 Swimming Pools 
E. Outdoor Swimming Pools. Swimming pools, spas and hot tubs (in-ground and above 
ground) that contain 24" or more of water shall comply with the following: 
1 Conform to the setback requirements of the primary structure except that there shall 
be a minimum of 5' from all interior lot lines. 
2 Be equipped with locking cover fenced or equipped with electric alarm systems that 
will prevent entry or alarm upon entry. 
3 Required fencing shall be a minimum of 5' in height and be equipped with a self-
locking gate which closes automatically. 
City of Silverton 
Zoning and Development Code 
4-94 City Council Approved 
October 6, 2008 
4.9.200 Outdoor Seating Areas within the Public Right-of-Way 
4.9.200 Outdoor Seating Areas within the Public Right-of-Way. 
A. Where outdoor seating areas are desired by restaurants or other business establishments they 
must comply with the following procedures and criteria: 
1. Submit a written request to the Community Development Department identifying the area 
involved, a site plan of the area, a description of the operating characteristics of the 
proposed use or other pertinent information. 
2. Accompanying the written request shall be a completed City of Silverton application to 
occupy the right-of-way and the associated review fee. 
3. The Community Development Director within 45 days of receipt will review the 
application and make a final decision 
4. In some cases the request may be forwarded to the City Council for final approval. 
5. Approval may be given provided the Community Development Director or City Council 
determine there will be no negative impact to the public, the right-of-way or near-by 
businesses or property owners. 
6. Compliance with other applicable provisions of the City's Municipal Code, including 
permits for using the public right-of-way where sidewalk cafes are allowed. 
7. Design review approval where the outdoor eating area includes seating for more than 
eight (8) patrons. 
8. Where adjacent or abutting a residential use and/or zoning district, the outdoor eating 
area shall only be allowed between the hours of 8:00 a.m. and 10:00 p.m. 
9. The outdoor eating area shall contain a trash receptacle within 10 feet of the use, which 
shall be maintained by the owner or operator of the restaurant. 
10. At least 4 feet of open passageway is maintained on the sidewalk. 
City of Silverton 
Zoning and Development Code 
4-95 City Council Approved 
October 6, 2008 
4.10 - Annexations 
Chapter 4.10 Annexations 
Sections: 
4.10.100 Background 
4.10.110 Purpose 
4.10.120 Application and Fee 
4.10.130 Filing Procedure 
4.10.140 Review Criteria 
4.10.150 Annexation Applications Involving Comprehensive Plan Amendments 
4.10.160 Council Initiated Annexation 
4.10.170 Zoning 
4.10.180 Annexation Zoning Matrix 
4.10.190 Action by the Planning Commission 
4.10.200 Action by the City Council 
4.10.210 Advertisement of Pending Election 
4.10.220 Election Procedures 
4.10.230 Annexation Reports 
4.10.240 Effective Date of Annexation 
4.10.100 Background 
Oregon Statewide Planning Goals require that each City be surrounded by a boundary which is 
called an Urban Growth Boundary (UGB). The UGB defines the area which the city has 
identified as being eligible to be included within the city limits sometime during the 20-year 
planning period. Lands within the UGB may be considered for annexation consistent with the 
review criteria within Section 4.10.140. Timely annexation of lands in an orderly and efficient 
manner avoids urban sprawl, and retains surrounding natural resources, and at the same time 
avoids the unnecessary development of agricultural and timber-producing lands. 
4.10.110 Purpose 
It is the purpose and general intent of this chapter to delineate the appropriate procedures to be 
followed to annex territory to the city and to undertake other major and minor boundary 
changes. It is recognized that annexations to the corporate limits are major land use actions 
affecting all aspects of city government, and that other boundary changes and extensions of 
services must also be regulated. Unless mandated by state law, annexation, delayed 
annexations, and/or extension of city services, may only be approved by a majority vote among 
the electorate. 
A. With respect to annexations, the procedures and standards established in this chapter are 
required for review of proposed annexations in order to: 
1. Provide adequate public information and sufficient time for public review before an 
annexation election; 
2. Maximize citizen involvement in the annexation review process; 
City of Silverton 
Zoning and Development Code 
4-96 City Council Approved 
October 6, 2008 
4.10.120 - Application and Fee 
3. Establish a system for measuring the physical, environmental, fiscal and related social 
effects of proposed annexations; and 
4. Ensure adequate time for staff review. 
B. With respect to major and minor boundary changes or extensions of services other than 
annexations, it is the purpose and general intent of this chapter to provide a method by 
which such changes or extensions may be reviewed in a rational way and in accordance 
with applicable comprehensive plans. 
4.10.120 Application and Fee 
A. An application for annexation shall be filed with the city and accompanied by the 
appropriate fee. Additional land use applications may be filed concurrently with an 
annexation application contingent on approval of the annexation. At a minimum the 
application shall include: 
1. A complete application signed by each property owner or a signed notarized letter of 
authorization from the property owner allowing the city to process an application 
received from a third party; and 
2. Signed notarized statements by any one leasing or renting the property stating that they 
have no objection to the annexation. 
3. A mailing list of all current property owners within 500 feet of the subject, as certified 
by a Title Company or by the Marion County Tax Assessor's office, property as 
accurate and complete as found on the most recent property tax assessment roll where 
the subject property is located; and 
4. A copy of the current deed(s); and 
5. A legal description of the territory to be annexed, meeting the relevant requirements of 
ORS Chapter 308. If such a description is not submitted, a boundary survey may be 
required. A lot and block description may be substituted for the metes and bounds 
description if the area is platted. If the legal description contains any deed or book and 
page references, legible copies of these shall be submitted with the legal description; 
and 
6. Two full quarter-section county tax assessor's maps, with the subject property(ies) 
outlined; and 
7. A written applicant's statement addressing each review criteria. It shall be the 
applicant's responsibility to submit a complete application which addresses the review 
criteria listed in Section 4.10.140. Upon determination that the application is complete, 
a public hearing shall be scheduled before the Planning Commission followed by a 
public hearing before the City Council; and 
City of Silverton 
Zoning and Development Code 
4-97 City Council Approved 
October 6, 2008 
4.10.120 - Application and Fee 
8. Eighteen (18) full sized and one reduced (11" x 17") conceptual site plan for properties 
to be developed with a Subdivision or Planned Development. The scale of the full size 
plan must be large enough that all dimensions and distances can easily be measured for 
accuracy. Make sure that the plan is prepared so that it is at least 8 x 11 inches in 
size and the scale is standard: 10, 20, 30, 40 or 50, 60, or 100 feet to one inch. The 
plan must include all the required items. If any item listed for inclusion on the plan is 
not provided, please include a written explanation. The following items are required on 
the plan: 
a. The location of existing structures (if any); and 
b. The location of streets, sanitary sewer, storm drainage, water, electric and other 
utilities, on or adjacent to the property to be annexed; 
c. The location and direction of all water features on and abutting the subject property. 
Approximate location of areas subject to inundation, stormwater overflow or 
standing water. Base flood data showing elevations of all property subject to 
inundation in the event of one hundred year flood as shown. 
d. Label and show the locations of all existing structures, wells, septic tanks and drain 
fields, and distances between them and the existing property lines and each other. 
Indicate what is to be removed, moved, and/or retained. 
e. Natural features, such as rock outcroppings, marshes or wetlands (as delineated by 
the Division of State Lands), wooded areas, isolated preservable trees (trees with 
trunks over six inches in diameter as measured four feet above the ground), and 
significant areas of vegetation. 
f. Label and show existing and proposed contour (topography) lines drawn at the 
following intervals: 
(1) One-foot intervals for ground slopes less than five percent. 
(2) Two-foot intervals for ground slopes between five and ten percent. 
(3) Five-foot intervals for ground slopes exceeding ten percent. 
g. General land use plan indicating the types and intensities of the proposed, or 
potential development. 
9. If applicable, a double-majority worksheet, certification of ownership and voters. 
Certification of legal description and map on forms provided by the City. 
10. A narrative statement explaining the conditions surrounding the proposal and 
addressing the factors contained in the Review Criteria, as relevant, including: 
a. Statement of availability, capacity and status of existing water, sewer, drainage, 
transportation, park and school facilities; and 
b. Statement of increased demand for such facilities to be generated by the proposed 
development; and 
c. Statement of additional facilities, if any, required to meet the increased demand and 
any proposed phasing of such facilities in accordance with projected demand. 
City of Silverton 
Zoning and Development Code 
4-98 City Council Approved 
October 6, 2008 
4.10.130 - Filing Procedure 
d. Statement outlining method and source of financing required to provide additional 
facilities, if any; and 
e. Statement of overall development concept and methods by which the physical and 
related social environment of the site, surrounding area and community will be 
enhanced; and 
f. Statement of potential physical, aesthetic, and related social effects of the proposed, 
or potential development on the community as a whole and on the small sub-
community or neighborhood of which it will become a part; and proposed actions to 
mitigate such negative effects, if any; and 
g. Statement indicating the type and nature of any comprehensive plan text or map 
amendments that may be required to complete the proposed development. 
11. Annexation agreement. There may be instances in which an applicant may offer 
additional considerations in support of an annexation application. Such considerations 
shall be considered as part of an annexation application. These considerations shall be 
formalized through a development agreement. 
12. The application fee for annexations and a deposit, which is adequate to cover any and 
all costs related to the election as established by resolution of the City Council. 
4.10.130 Filing Procedure 
Whenever an application for annexation is filed, it shall be reviewed in accordance with the 
following procedures: 
A. Determination of Annexation Type. The Community Development Director shall 
determine whether an application is for a major or minor annexation as follows: 
1. Major Annexation. An annexation shall be considered major if one or more of the 
following exist: 
a. More than one property is involved; 
b. City services do not abut the site; 
c. The land is vacant and the request involves more than one district designation; 
d. The land is developed with more than one type of existing land use and more than 
one district designation is needed or requested or 
e. The request for annexation involves more than two acres. 
However, if the Community Development Director determines measuring the physical, 
environmental and related social effects of the proposal will be similar in difficulty to that of a 
minor annexation, a major annexation can follow the time line for minor annexation. 
2. Minor Annexation. Any annexation not meeting the description provided above for a 
major annexation and containing less than two acres is considered a minor annexation. 
City of Silverton 4-99 City Council Approved 
Zoning and Development Code October 6, 2008 
4.10.130 & 140 - Filing Procedure; Review Criteria 
In general, an annexation is considered minor if measurement of the physical, 
environmental and related social effects is easier than a major annexation. 
B. Application Filing Deadlines. Annexation elections are scheduled for May and 
November. Special elections may be scheduled outside of May or November if all election 
costs are paid for by the applicant. Application deadlines are established to permit public 
hearings by both the Planning Commission and the City Council in time to meet state 
requirements for submitting ballot information for these election dates. Application 
deadlines for major and minor annexations are as follows: 
1. A major annexation must be filed with the Community Development Department 
before 5:00 p.m. on the last working day in September for a ballot election in May and 
the last working day in March for a ballot election in November. 
2. A minor annexation must be filed with the Community Development Department 
before 5:00 p.m. on the last working day in October for a ballot election in May and the 
last working day in April for a ballot election in November. 
3. Major or minor annexations can be scheduled for a special election provided that all 
costs associated with the special election are covered by the applicant. Special 
elections will be scheduled by the City Council following the required Planning 
Commission and City Council hearings on the application. 
C. Exceptions. The City Council may authorize an exception to any of the requirements of 
this chapter. An exception shall require a statement of findings that indicates the basis for 
the exception. Exceptions may be granted for reasons including, but not limited to: 
identified health hazards, parcels of land that are less than two (2) acres in size, land that is 
being annexed for a public purpose, a parcel with limited potential, and for all other matters 
which the City Council determines that the public interest would not be served by 
undertaking the entire annexation process. 
4.10.140 Review Criteria 
When reviewing a proposed annexation of land, the Planning Commission and City Council 
will consider the following standards and criteria: 
A. Adequacy of access to the site; and 
B. Conformity of the proposal with the City's Comprehensive Plan; and 
C. Adequate public facilities, services, and transportation networks are in place or are planned 
to be provided concurrently with the development of the property. If extensions or 
upgrading of any improvement is necessary to serve the area, such extension must be 
consistent with the city's infrastructure plans and must be an orderly and efficient 
arrangement for the extension of public services; and 
City of Silverton 
Zoning and Development Code 
4-100 City Council Approved 
October 6, 2008 
4.10.140 - Review Criteria 
D. The new area will meet city standards for any public improvements which may be 
necessary to serve the area (including but not limited to streets, including sidewalks, 
sanitary sewer, water, storm drainage); and 
E. The area to be annexed is contiguous to the city and represents a logical direction for city 
expansion; and 
F. The area is within the urban growth boundary, unless a health hazard due to failing septic 
systems or groundwater supplies is found to exist; and 
G. The proposed use of the property is consistent with the applicable comprehensive plan 
designation; and 
H. The proposed annexation shall be consistent with all applicable goals and policies of the 
Silverton Comprehensive Plan; and 
I. Shall be in compliance with applicable sections of ORS Chapter 222; and 
J. Natural hazards identified by the City, such as wetlands, floodplains and steep slopes have 
been addressed; and 
K. Urbanization of the subject property shall not have a significant adverse effect on areas 
identified or designated in the Comprehensive Plan as open space or as significant scenic, 
historic or natural resource areas; and 
L. Economic impacts which are likely to result from the annexation shall be evaluated in light 
of the social and physical impacts. The overall impact which is likely to result from the 
annexation and development shall not have a significant adverse effect on the 
economic, social and physical environment of the community, as a whole. 
4.10.150 Annexation Applications Involving Comprehensive Plan Amendments 
Applications for Annexation involving Comprehensive Plan amendments submitted by 
property owners shall be reviewed semi-annually in April and October by the Planning 
Commission with a recommendation to the Council. The City Council, Planning Commission, 
or Community Development Director may also initiate Plan amendments. Such initiations are 
made without prejudice towards the outcome. 
4.10.160 Council Initiated Annexation 
It is within the power and authority of the city to annex land which is surrounded by the 
corporate limits or boundaries of the city, with or without consent of the property owners or 
residents in the territory. Notice and procedures for a public hearing shall be pursuant to the 
provisions of Section 4.1. 
City of Silverton 
Zoning and Development Code 
4-101 City Council Approved 
October 6, 2008 
4.10.170-240 - Zoning and Procedure 
4.10.170 Zoning 
Upon annexation, the zoning of annexed property shall be compatible with the Comprehensive 
Plan designation as provided on the annexation zoning matrix. Zoning other than that shown 
on the matrix requires approval of a Comprehensive Plan map amendment and/or a zoning map 
amendment. 
4.10.180 Annexation Zoning Matrix 
Plan Designation Compatible Zoning Districts 
Industrial 
Industrial Park (IP) 
Light Industrial (LI) 
Industrial (I) 
Commercial 
General Commercial (GC) 
Downtown Commercial (DC) 
Downtown Commercial Fringe (DCF) 
Single Family Residential 
Single Family Residential (R-1) 
Low Density Residential (R-5) 
Acreage Residential (A-R) 
Multiple Family Residential Multiple Family Residential (RM-10) Multiple Family Residential (RM-20) 
Agricultural/Urban Reserve 
Single Family Residential (R-1) 
Low Density Residential (R-5) 
Acreage Residential (A-R) 
4.10.190 Action by the Planning Commission 
The Planning Commission shall conduct a public hearing to evaluate the proposed annexation 
and make a recommendation to the City Council regarding how the proposal has or has not 
complied with the review criteria set forth in Section 4.10.140. The Planning Commission 
shall provide findings in support of its recommendation. 
4.10.200 Action by the City Council 
Upon receipt of the Planning Commission's recommendation, the City Council shall endeavor 
to review all proposals prior to the city application deadline for submitting ballot measures to 
the voters. The City Council shall only set for an election annexations consistent with a 
positive balance of the annexation factors contained in Section 4.10.140. The City Council 
shall adopt findings in support of its decision to schedule an annexation for an election. 
4.10.210 Legal Advertisement of Pending Election 
After City Council review and approval, the City Manager shall cause a legal advertisement 
describing the proposed annexation and pending election to be published in at least one 
newspaper of general circulation in the city in the manner provided by State Election Law. 
The advertisement shall be placed at least fourteen (14) days prior to the election. The size of 
the advertisement shall be determined by the City Manager. The advertisement shall contain: 
City of Silverton 
Zoning and Development Code 
4-102 City Council Approved 
October 6, 2008 
4.10.170-240 - Zoning and Procedure 
a description of the location of the property, size of the property, its current zoning and any 
proposal for zone changes upon annexation, a general description of the potential land uses 
allowed, any required comprehensive plan text or map amendment or zoning ordinance text or 
map amendment, and where the City Council's evaluation of the proposed annexation may be 
found. Any statement regarding development of the property proposed for annexation that is 
dependent upon future action by the city shall be accompanied by a disclaimer to the effect that 
such development would not be affected by the annexation vote. 
4.10.220 Election Procedures. 
A. Pursuant to ORS 222.130(1), the ballot title for a proposal for annexation shall contain a 
general description of the boundaries of each territory proposed to be annexed. The 
description shall use streets and other generally recognized features. Notwithstanding ORS 
250.035, the statement of chief purpose shall not exceed one hundred fifty words. The City 
Attorney shall prepare the ballot title wording. 
B. Pursuant to ORS 222.130(2), the notice of an annexation shall be given as provided in ORS 
254.095 and 254.205, except that in addition the notice shall contain a map indicating the 
boundaries of each territory proposed to be annexed. 
C. Pursuant to ORS 222.111(7), two or more proposals for annexation of territory may be 
voted upon simultaneously; however, each proposal shall be stated separately on the ballot 
and voted on separately. 
4.10.230 Annexation Reports 
Upon approval by the voters of the proposed annexation, the City Council, by ordinance, shall 
set the boundaries of the area to be annexed by a legal description, adopt findings, and 
proclaim the results of the election. Within twenty (20) days of Council approval of the 
annexation, the city shall report all changes in the boundaries or limits of the city to the county 
clerk and county assessor and Secretary of State's office. 
4.10.240 Effective Date of Annexation 
The annexation shall be complete from the date of filing with the Secretary of State as 
provided in ORS 222.150, 222.160, 222.170, and 111.900. Thereafter, the annexed territory 
shall be and shall remain part of the city. The date of such filing shall be the effective date of 
annexation, provided such filing is not made later than 90 days prior to a general or primary 
election; otherwise the effective date of such annexation shall be the day after the primary or 
general election. 
City of Silverton 
Zoning and Development Code 
4-103 City Council Approved 
October 6, 2008 
4.11 Urban Growth Boundary Amendments 
Chapter 4.11 Urban Growth Boundary Amendments 
Sections: 
4.11.100 Purpose 
4.11.200 Urban Growth Boundary Change 
4.11.300 Simultaneous Urban Growth Boundary Change with Comprehensive Plan 
Change. 
4.11.400 Initiation of Urban Growth Boundary Change by City Council 
4.11.500 Initiation of Urban Growth Boundary Change by Planning Commission 
4.11.600 Initiation of Urban Growth Boundary Change by the Marion County Board 
of Commissioners 
4.11.700 Initiation of Urban Growth Boundary Change by the Petition 
4.11.800 Criteria to be Used in Considering an Urban Growth Boundary Change 
4.11.100 Purpose. 
This section states the initiation process and criteria to be used in considering an urban growth 
boundary change. 
4.11.200 Urban Growth Boundary Change. 
An Urban Growth Boundary change is an alteration of any portion of the adopted boundary 
line from one location to another after the proposed change has been reviewed and a 
recommendation made by the Planning Commission, and enacted by Ordinance by the City 
Council and the Marion County Board of Commissioners in accord with the following 
provisions. All boundary amendments shall be simultaneously adopted as changes to the 
Comprehensive Plan in accordance with Section 4.11.300. 
4.11.300 Simultaneous Urban Growth Boundary Change with Comprehensive Plan 
Change. 
If Urban Growth Boundary changes are adopted in accordance with Section 4.11.200 the 
resulting Comprehensive Plan change can be adopted simultaneously. No additional 
conditions must be set for a Comprehensive Plan Change. 
4.11.400 Initiation of Urban Growth Boundary Change by City Council. 
A. An urban growth boundary change may be initiated by the City Council only when the 
change proposed is for some governmental, educational, religious or philanthropic purpose, 
or is in the public interest and of general interest. 
B. Proceedings to alter the boundary initiated by the City Council shall be by resolution, and 
the resolution shall be referred to the Planning Commission. The Community 
Development Director shall thereupon fix a date for hearing by the Planning Commission, 
give notice of such hearing and a hearing shall be conducted as provided in Article 4 for 
Type IV applications. 
City of Silverton 4-104 City Council Approved 
Zoning and Development Code October 6, 2008 
4.11 Urban Growth Boundary Amendments 
C. After the hearing by the Planning Commission, the Planning Commission shall make a 
recommendation in the form of a resolution to the City Council. 
D. If the City Council approves the boundary amendment it shall adopt it by resolution and 
forward it to the Marion County Board of Commissioners along with all exhibits and 
findings thereon and a written request for the Board to consider the boundary change and 
adopt it. 
E. If the Marion County Board of Commissioners approves the boundary amendment, both 
the City Council and Board of Commissioners shall adopt the change by Ordinance. If the 
Board of Commissioners does not approve the boundary amendment, it shall convene a 
meeting with the City Council to further consider the change. 
F. If no mutual agreement is reached, the City Council may appeal to the Oregon State Land 
Conservation and Development Commission or seek judicial remedy. 
4.11.500 Initiation of Urban Growth Boundary Change by Planning Commission. 
A. An urban growth boundary change may be initiated by resolution by the Planning 
Commission only when the proposed change is in the public interest and of general 
interest. Proposals for boundary revisions resulting from comprehensive plan review 
proceedings as provided in Section 4.12.600 may be initiated by the Planning Commission. 
B. When the proceedings are initiated by the Planning Commission, the Community 
Development Director shall fix a date for hearing before the Planning Commission, give 
notice of such hearing Planning Commission, give notice of such hearing and a hearing 
shall be conducted as provided in Article 4 for Type IV applications. 
C. After the hearing, the Planning Commission may refer its recommendation to the City 
Council in the form of a resolution. 
D. If the City Council approves the boundary amendment it shall adopt it by resolution and 
forward it to the Marion County Board of Commissioners along with all exhibits and 
findings thereon and a written request for the Board to consider the boundary change and 
adopt it. 
E. If the Marion County Board of Commissioners approves the boundary amendment, both 
the City Council and Board of Commissioners shall adopt the change by Ordinance. If the 
Board of Commissioners does not approve the boundary amendment, it shall convene a 
meeting with the City Council to further consider the change. 
F. If no mutual agreement is reached, the City Council may appeal to the Oregon State Land 
Conservation and Development Commission or seek judicial remedy. 
City of Silverton 
Zoning and Development Code 
4-105 City Council Approved 
October 6, 2008 
4.11 Urban Growth Boundary Amendments 
4.11.600 Initiation of Urban Growth Boundary Change by the Marion County 
Board of Commissioners. 
A. The Marion County Board of Commissioners may forward proposed boundary 
amendments to the City Council along with all exhibits and findings thereof and a written 
request for the City Council to consider the boundary change and adopt it. 
B. The City Council shall forward such request to the Planning Commission for consideration. 
C. The Planning Commission shall automatically initiate the requested amendment and the 
Community Development Director shall fix a date for hearing before the Planning 
Commission, give notice of such hearing Planning Commission, give notice of such 
hearing and a hearing shall be conducted as provided in Article 4. Unless required by state 
law, this hearing is optional at the discretion of the Planning Commission if Marion County 
had held a hearing in Silverton with notification to potentially affected citizens within three 
months previous to the receipt of the request by the City Council. 
D. The Planning Commission shall refer its recommendation in the form of a resolution to the 
City Council. 
E. The City Council shall either adopt the boundary amendment by Ordinance or request a 
joint meeting with the Marion County Commissioners to further consider the change. 
4.11.700 Initiation of Urban Growth Boundary Change by the Petition. 
Property owners or persons purchasing property under contract, if they state in writing that 
they are purchasing property under contract, may file an urban growth boundary change 
petition. In addition to the application submittal requirements listed under Article 4 for Type 
IV applications, the following information shall be included: 
A. An explanation of the reasons for which the boundary amendment is being sought together 
with any sketches or plans the petitioner feels will illustrate the proposal and the potential 
impact upon the area resulting from the proposed change shall be addressed. 
B. Written Findings of Fact and Conclusions for the review criteria listed in Section 4.11.800 
C. Within ten (10) days of the petition being filed with the Community Development Director, 
the application shall be checked for completeness and if the petition is sufficient, the 
Community Development Director shall refer the petition to the Planning Commission and 
a hearing date shall be set. The Community Development Director shall give notice of 
such hearing and a hearing shall be conducted as provided in Article 4 for Type IV 
applications. 
D. The Planning Commission shall hold a public hearing and shall refer its recommendation to 
the City Council in the form of a resolution. 
City of Silverton 
Zoning and Development Code 
4-106 City Council Approved 
October 6, 2008 
4.11 Urban Growth Boundary Amendments 
E. If the City Council approves the boundary amendment it shall adopt it by resolution and 
forward it to the Marion County Board of Commissioners along with all exhibits and 
findings thereon and a written request for the Board to consider the boundary change and 
adopt it. 
F. If the Marion County Board of Commissioners approves the boundary amendment, both 
the City Council and Board of Commissioners shall adopt the change by Ordinance. If the 
Board of Commissioners does not approve the boundary amendment, it shall convene a 
meeting with the City Council to further consider the change. 
G. If no mutual agreement is reached, the City Council may appeal to the Oregon State Land 
Conservation and Development Commission or seek judicial remedy. 
4.11.800 Criteria to be Used in Considering an Urban Growth Boundary Change. 
A. Changes in the urban growth boundary will be limited to those cases in which the land in 
question is needed to provide for: 
1. Accommodation of additional population; 
2. Housing and employment opportunities; 
3. Orderly and economical provision of public facilities and services; 
4. Maximum efficiency of land uses; 
5. Retention of agricultural lands; 
6. Compatibility of the proposed urban use with nearby agricultural activities; and 
7. Improvement of the area's environmental, energy, economic and social well being. 
B. All urban growth boundary amendments must be in accordance with the goals, objectives 
and policies of the Comprehensive Plan. 
C. If the request for an urban growth boundary change originates from a petition, the 
petitioner will bear the burden of proof. 
City of Silverton 
Zoning and Development Code 
4-107 City Council Approved 
October 6, 2008 
4.12 Comprehensive Plan Amendments 
Chapter 4.12 Comprehensive Plan Amendments 
Sections: 
4.12.100 Purpose 
4.12.200 Frequency of Plan Amendments 
4.12.300 Procedure 
4.12.400 Review Criteria 
4.12.500 Comprehensive Plan Map Corrections 
4.12.600 Comprehensive Plan Map Reviews 
4.12.100 Purpose 
The Comprehensive Plan is the official and controlling land use document of the City, 
providing guidance to both public and private activities which affect the growth, development, 
and livability of the community. The Plan is intended to be a flexible document, reflecting 
changing circumstances and community attitudes through occasional amendments. This section 
provides a process whereby the Comprehensive Plan may be amended without violating the 
integrity of the Plan or frustrating its basic purposes. This process applies to proposed changes 
to the Comprehensive Plan map designations, text and the Urban Growth Boundary. 
4.12.200 Frequency of Plan Amendments 
Applications for Comprehensive Plan amendments submitted by property owners shall be 
reviewed semi-annually in April and October by the Planning Commission. The City Council, 
Planning Commission, or Community Development Director may also initiate Plan 
amendments. Such initiations are made without prejudice towards the outcome. 
4.12.300 Procedure 
Requests for Plan amendments determined by the Community Development Director to be 
legislative in nature are reviewed through the legislative procedures stated in Article 4. Quasi-
judicial requests are reviewed through the Type IV procedures of Article 4. Area specific 
amendments, including map amendments outside of the city limits, are processed in 
accordance with the City-Marion County Urban Growth Management Agreement. 
4.12.400 Review Criteria. 
Amendments to the Comprehensive Plan will be approved if the Council finds that the 
applicant has shown that the following applicable criteria are met: 
A. A legislative amendment is consistent with the goals and policies of the Comprehensive 
Plan, the statewide planning goals, and any relevant area plans adopted by the City 
Council. 
B. A legislative amendment is needed to meet changing conditions or new laws. 
City of Silverton 
Zoning and Development Code 
4-108 City Council Approved 
October 6, 2008 
4.12 Comprehensive Plan Amendments 
C. The result of the legislative amendment will result in an improvement to the 
Comprehensive Plan that furthers the adopted goals, policies or needs of the community 
above the current Comprehensive Plan. 
D. The requested designation for a quasi-judicial map amendment meets all of the following 
tests: 
1. The requested designation for the site has been evaluated against relevant 
Comprehensive Plan policies and on balance has been found to be more supportive of 
the Comprehensive Plan as a whole than the old designation. 
2. The requested designation is consistent with any relevant area plans adopted by the 
City Council. 
3. The requested designation is consistent with the Comprehensive Plan map pattern and 
any negative impact upon the area resulting from the change has been considered and 
deemed acceptable by the City. 
4. An identified public need will be met by the proposed change that is not already met by 
other available property. 
5. The requested designation is consistent with the Statewide Planning Goals. 
E. If the request for a Comprehensive Plan Map or Text Amendment originates from a 
petition, the petitioner will bear the burden of proof. 
4.12.500 Comprehensive Plan Map Corrections 
The Director may initiate a review through the Type I procedure for the types of corrections to 
the Comprehensive Plan Map listed below: 
A. The correction may be made for mapping errors such as: 
1. A map line that was intended to follow a topographical feature does not do so. 
Topographical features include the tops and bottoms of hillsides, the banks of water 
bodies, and center lines of creeks or drainage ditches. 
2. The line on the map does not match the legal description or map shown or references in 
the ordinance which applied the designation; or 
3. When there is a discrepancy between maps and there is clear legislative intent for 
where the line should be. 
B. The correction may be made when a map line is based on the location of a reference item 
that has since been moved. Reference items are rights-of-way, tentative rights-of-way, 
utility easements and similar items. Map line changes in these cases must not be more than 
City of Silverton 
Zoning and Development Code 
4-109 City Council Approved 
October 6, 2008 
4.12 Comprehensive Plan Amendments 
a minor change to the map pattern and must not result in any significant impacts to abutting 
lots. 
4.12.600 Comprehensive Plan Map Reviews 
A. Five-year Review. The Comprehensive Plan shall be reviewed at a minimum of five-year 
intervals. These reviews will be thorough in nature and shall consider in depth the 
statement of goals, objectives, findings of fact and policies in each element of the plan. 
Special attention shall be directed toward a review of population increases and the 
projection of future land requirements. 
B. Interim Review. Interim revisions can result from special circumstances or information 
that justifies the public need for a plan change or from a petition for a plan change. 
C. The Planning Commission will coordinate these various reviews as the committee for 
citizen involvement in accordance with ORS Chapter 197. 
City of Silverton 
Zoning and Development Code 
4-110 City Council Approved 
October 6, 2008 
4.13 Vacations 
Chapter 4.13 Vacations 
Sections: 
4.13.100 Purpose 
4.13.200 Initiation 
4.13.300 Procedure 
4.13.400 Review Criteria 
4.13.500 Zoning of Vacated Right-of-Way 
4.13.600 Conditions of Approval 
4.13.100 Purpose 
This section states the procedures and review criteria for the vacation of a public easement or 
public right-of-way. For vacations of plats or re-platting see section 4.3.200. 
4.13.200 Initiation 
A vacation proposal may be initiated by the City Council or by petition of adjoining and area 
owners in accordance with ORS 271.080. 
4.13.300 Procedure 
Type IV procedures as outlined in Article 4 shall be used as supplemented by the provisions of 
ORS Chapter 271. State law defines the affected area and mandates notice requirements that 
are more stringent than the City's Type IV procedure. 
4.13.400 Review Criteria 
A. Vacation request may be approved if the review body finds that the applicant has shown 
that all of the following review criteria are met: 
1. The requested vacation is consistent with relevant Comprehensive Plan policies and 
with any street plan, city transportation, or public facility plan. 
2. The requested vacation will not have a negative effect on access between public rights-
of-way or to existing properties, potential lots, public facilities or utilities. 
3. The requested vacation will not have a negative effect on traffic circulation or 
emergency service protection. 
4. The portion of the right-of-way that is to be vacated will be brought into compliance 
with Code requirements, such as landscaping, driveway access, and reconstruction of 
access for fire safety. 
City of Silverton 
Zoning and Development Code 
4-111 City Council Approved 
October 6, 2008 
4.13 Vacations 
5. The public interest, present and future, will be best served by approval of the proposed 
vacation. 
4.13.500 Zoning of Vacated Right-of-Way 
Except as otherwise provided within the vacation ordinance or where the official City zoning 
map is not clear as to the zoning of vacated right-of-way, the zoning of each parcel of vacated 
territory shall be the same as the adjoining property to which the ownership of the parcel 
automatically reverts. 
4.13.600 Conditions of Approval 
The City may attach conditions to the approval of a vacation request to ensure that the proposal 
will conform to the review criteria and City policy for the vacation of public land. 
City of Silverton 
Zoning and Development Code 
4-112 City Council Approved 
October 6, 2008 
Article 5 - Exceptions to Code Standards 
Chapters: 
5.1 Adjustments and Variances 5-3 
5.1.100 Adjustment - Purpose 5-3 
5. 1.200 Adjustment - Procedure 5-3 
5.1.300 Adjustment - Review Criteria 5-3 
5.1.400 Variance - Purpose 5-4 
5.1.500 Variance - Procedure 5-4 
5.1.600 Regulations Which May and May Not be Varied 5-4 
5. 1.700 Variance - Review Criteria 5-5 
5.1.800 Appeals of Adjustment of Variance Decisions 5-5 
5.2 Non-Conforming Uses and Development 5-6 
5.2.100 Non-Conforming Uses and Developments - Purpose 5-6 
5.2.200 Non-Conforming Uses 5-6 
5.2.300 Non-Conforming Lot or Development 5-6 
5.3 Lots of Record 5-9 
5.3.100 Lots of Record - Purpose 5-9 
5.3.200 Lots of Record - Applicability 5-9 
5.3.300 Lots of Record - Procedure 5-9 
City of Silverton 
Zoning and Development Code 
4-1 City Council Approved 
October 6, 2008 
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City of Silverton 5-2 City Council Approved 
Zoning and Development Code October 6, 2008 
5.1 - Adjustments & Variances 
Chapter 5.1 Adjustments and Variances 
Sections: 
5.1.100 Adjustment - Purpose 
5.1.200 Adjustment - Procedure 
5.1.300 Adjustment - Review Criteria 
5.1.400 Variance - Purpose 
5.1.500 Variance - Procedure 
5.1.600 Regulations Which May and May Not be Varied 
5.1.700 Variance - Review Criteria 
5.1.800 Appeals of Adjustment and Variance Decisions 
5.1.100 Adjustment - Purpose 
The adjustment review process provides a mechanism by which the Director may make limited 
modifications to the application of regulations in the Development Code. Adjustment reviews 
provide limited flexibility for unusual situations, while continuing to provide certainty and rapid 
processing for land use applications. Requests for changes from a numerical development 
standard of ten percent (10%) or less of the standard are processed as adjustments. Requests for 
changes to standards which are not numeric or which are for more than ten percent (10%) of the 
standard, are processed as variances. 
5.1.200 Adjustment - Procedure 
Adjustment requests are processed through a Type II procedure using the review criteria listed in 
5.1.300 below in addition to the applicable requirements contained in Chapter 4.1. 
5.1.300 Adjustment - Review Criteria 
All adjustment requests will be approved if the Director finds that the applicant has shown that 
the following criteria have been met: 
1. The requested adjustment is for ten percent (10%) or less of the numerical development 
standard. 
2. The need for the requested adjustment is created by the configuration of an existing or 
proposed structure on the site; or 
3. The need for the requested adjustment is created by the configuration of the existing lot 
boundaries or topography of the site. 
4. The design and operating characteristics of the proposed structure are reasonably compatible 
with the placement of surrounding development and land uses, and any negative impacts 
have been sufficiently minimized. 
City of Silverton 
Zoning and Development Code 
5-3 City Council Approved 
October 6, 2008 
5.1 - Adjustments & Variances 
5. If more than one Adjustment is being requested, the cumulative effect of the adjustments 
will result in a project which is still consistent with the overall purpose of the applicable 
zoning district. 
5.1.400 Variances - Purpose 
This Section provides standards and procedures for variances, which are modifications to land 
use or development standards that are not otherwise permitted elsewhere in this Code as 
exceptions to code standards. This Code cannot provide standards to fit every potential 
development situation. The City's varied geography, and complexities of land development, 
require flexibility. Chapter 5.1 provides that flexibility, while maintaining the purposes and 
intent of the Code. The variance procedure provides relief from specific code provisions when 
they have the unintended effect of preventing reasonable development in conformance with all 
other codes. The variance procedure is intended to provide flexibility while ensuring that the 
purpose of each development standard is met. Variances are necessary when the applicant 
requests a deviation from numerical standards of more than ten percent (10%), or a variance 
from non-numerical development standards. 
5.1.500 Variance - Procedure 
A Variance is processed as a Type III procedure using the review criteria listed in 5.1.700 below 
in addition to the applicable requirements contained in Chapter 4. 
5.1.600 Regulations Which May and May Not be Varied. 
A. Unless listed in Subsection (B) below, all regulations in this Code may be modified using 
the Variance process. 
B. Variances are prohibited for the following items: 
1. To allow a primary or accessory use that is not allowed within the zoning district. 
2. As an exception to any restrictions on uses or development which contain the word 
"prohibited". 
3. As an exception to a threshold for a review, such as the size of accessory structures. 
4. As an exception to a definition or classification. 
5. As an exception to the procedural steps of a procedure or to change assigned 
procedures. 
City of Silverton 
Zoning and Development Code 
5-4 City Council Approved 
October 6, 2008 
5.1 - Adjustments & Variances 
5.1.700 Variance - Review Criteria 
The City shall approve an application for a variance if the review body finds that the applicant 
has shown that all of the following criteria have been met: 
1. The proposed variance will not be materially detrimental to the purposes of this Code, to 
any other applicable policies and standards, and to other properties in the same zoning 
district or in the vicinity; 
2. A hardship to development exists that is peculiar to the lot size or shape, topography, 
wetlands, flood plains, or other similar circumstances related to the property over which 
the applicant has no control, and that are not applicable to other properties in the vicinity; 
3. The use proposed will be the same as permitted under this title and City standards will be 
maintained to the greatest extent that is reasonably possible while permitting reasonable 
economic use of the land; 
4. Existing physical and natural systems, such as but not limited to traffic, drainage, natural 
resources, and parks will not be adversely affected any more than would occur if the 
development occurred as specified by the subject Code standard; 
5. The hardship is not self-imposed; and 
6. The variance request is the minimum variance that would alleviate the hardship. 
5.1.800 Appeals of Adjustment and Variance Decisions. 
Appeals of adjustment and variance decisions shall be processed in accordance with the 
provisions of Chapter 4.1, as applicable. 
City of Silverton 
Zoning and Development Code 
5-5 City Council Approved 
October 6, 2008 
5.2 - Non-Conforming Uses and Developments 
Chapter 5.2 Non-Conforming Uses and Developments 
Sections: 
5.2.100 Non-Conforming Uses and Developments - Purpose 
5.2.200 Non-Conforming Uses 
5.2.300 Non-Conforming Lot or Development 
5.2.100 Non-Conforming Uses and Developments Purpose 
This Chapter provides standards and procedures for non-conforming situations (i.e., existing uses 
or development that do not comply with the Code). The standards for non-conforming uses and 
development are intended to allow these non-conformities to continue but not to encourage their 
perpetuation. In allowing these situations to continue, some relief from code requirements for 
uses and developments that were established prior to the effective date of this Code and do not 
comply with current standards has been provided. 
5.2.200 Non-Conforming Uses 
Uses that were lawfully established in accordance with the code regulations in place at the time 
the use was established, but would not be permitted by the regulations imposed by this Code, 
may be continued as long as it remains otherwise lawful, provided: 
A. Expansion Prohibited. No such nonconforming use is enlarged, increased or extended to 
occupy a greater area of land or space than was occupied at the effective date of adoption or 
amendment of this Code. No additional structure, building or sign shall be constructed on 
the lot in connection with such nonconforming use of land; 
B. Location. No such nonconforming use shall be moved in whole or in part to any portion of 
the lot other than that occupied by such use at the effective date of adoption or amendment of 
this Code; 
C. Discontinuation or Abandonment. The nonconforming use may continue, provided it is 
not discontinued for any reason for a period of more than 12 continuous months. For 
purposes of calculating the 12-month period, a use is discontinued or abandoned upon the 
occurrence of the first of any of the following events: 
1. On the date when the use of land is physically vacated; 
2. On the date the use ceases to be actively involved in the sale of merchandise or the 
provision of services; 
3. On the date of termination of any lease or contract under which the nonconforming use 
has occupied the land; or 
City of Silverton 
Zoning and Development Code 
5-6 City Council Approved 
October 6, 2008 
5.2 - Non-Conforming Uses and Developments 
4. On the date a request for final reading of water and power meters is made to the 
applicable utility districts. 
D. Application of Code Criteria and Standards. If the use is discontinued or abandoned for 
any reason for a period of more than 12 continuous months, any subsequent use of land shall 
conform to the applicable standards and criteria specified by this Code for the land use 
district in which such land is located. 
E. Loss of Non-Conforming Status. 
1. If the use is changed to a conforming use for any period of time, any non-conforming 
rights are lost and a non-conforming use may not be re-established. 
2. Any nonconforming use dependent upon a building or structure which is substantially 
damaged or destroyed by any cause to the extent that the cost of repair or restoration of 
the building or structure would exceed 70 percent of its fair market value shall be deemed 
terminated. 
5.2.300 Non-conforming Lot or Development 
Where a development exists at the effective date of adoption or amendment of this Code that 
could not be built under the terms of this Code by reason of restrictions on lot area, lot coverage, 
height, yard, equipment, access, parking, landscaping, its location on the lot or other 
requirements concerning the development; and the development was lawful when constructed, 
the development may remain on the site so long as it remains otherwise lawful, subject to the 
following provisions: 
A. Alterations. No such nonconforming development may be enlarged or altered in a way that 
increases its nonconformity by more than 20 percent cumulatively (e.g., floor area and/or lot 
coverage and/or height and/or amount of measurable impact as in noise, glare, vibration) as 
of [effective date of code], but any development or portion thereof may be enlarged or altered 
in a way that satisfies the current requirements of this Code or will decrease its 
nonconformity; 
B. Destruction. Should such nonconforming development or nonconforming portion of 
development be destroyed by any means to an extent more than 70 percent of its current 
value as assessed by the County Assessor, it shall be reconstructed only in conformity with 
this Code; 
C. Deterioration. Should such nonconforming development or nonconforming portion of 
development become deteriorated to the extent that it has been declared a "dangerous 
building" and ordered demolished pursuant to Silverton's Dangerous and Derelict Structures 
Code (Chapter 15.08.360), the non-conforming status shall be deemed terminated upon such 
declaration and order. 
City of Silverton 
Zoning and Development Code 
5-7 City Council Approved 
October 6, 2008 
5.2 - Non-Conforming Uses and Developments 
D. Roadway Access. The owner of a non-conforming access connection (i.e., street or highway 
access) may be required to bring the non-conforming access into conformance with this Code 
and other applicable standards as a condition of the City or other roadway authority 
approving a new access connection permit, or a change in land use. 
E. Vehicular Parking Spaces. When a development is non-conforming in the number of 
required vehicular parking spaces and changes to a use or building are made that increase the 
number of required vehicular parking spaces, only the number of vehicular parking spaces 
related to the increase in square footage of the building need to be provided. 
F. Relocation or Removal. Should such development be moved for any reason and by any 
distance, it shall thereafter conform to the regulations of this Code. 
G. Remedy Non-Conforming Development or Lot. Prior to occupancy after discontinuation 
or abandonment of a non-conforming development or lot, the subject development or lot, as 
applicable, must be brought up to current Code standards or be removed. 
City of Silverton 
Zoning and Development Code 
5-8 City Council Approved 
October 6, 2008 
5.3 - Lots of Record 
Chapter 5.3 Lots-of-Record 
Sections: 
5.3.100 Lots of Record - Purpose 
5.3.200 Lots of Record - Applicability 
5.3.300 Lots of Record - Procedure 
5.3.100 Lots of Record - Purpose 
The purpose of Chapter 5.3 is to establish criteria and a process for determining when a lot of 
record exists. 
5.3.200 Lots Record - Criteria 
A lot of record is a plot of land that was not created through an approved subdivision or partition, 
was created and recorded before [effective date of City's first subdivision ordinance], and 
for which the deed, or other instrument dividing the land, is recorded with the County. A lot of 
record shall be entitled to development of no less than one single family dwelling and, provided 
all applicable Code standards are met, additional land use or development may be approved. 
5.3.300 Lots of Record - Procedure 
A lot of record determination shall be made by the Community Development Director through a 
Type I procedure (Chapter 4.1.200). It shall be the property owner's responsibility to 
demonstrate that his or her plot of land is meets the lot of record criteria in Section 5.3.200. 
City of Silverton 
Zoning and Development Code 
5-9 City Council Approved 
October 6, 2008