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420 N. 6th Avenue
Gold Hill OR 97525
(541) 855-1525
FAX: (541) 855-4501
info@cityofgoldhill.gov
cityofgoldhill.gov
PLANNING COMMISSION
AGENDA
Wednesday, June 18, 2025, 6:00PM
Gold Hill City Hall, 420 N 6TH Ave
In compliance with the Americans with Disabilities Act, if you need special assistance to participate
in this meeting, please contact the City Hall at (541) 855-1525. Notification 72 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting
(28 CFR 35.102-35.104 ADA Title II).
1. Call to Order / Roll Call
2. Public Comment (General comments, unrelated to public hearing)
3. Minutes approval – 01/15/2025 and 4/16/25 Planning Commission meetings
4. New Business
Public Hearing for consideration of a recommendation to the City Council for an ordinance
adopting proposed text amendments to the Gold Hill Municipal Code. The proposed ordinance to
amend Titles 16 (Subdivisions) and 17 (Zoning) to ensure compliance with House Bill 3395,
promote internal consistency within the Code, and incorporate Ordinance 13-02 (Low Impact
Development) into the Municipal Code.
5. Next Meeting – July 17, 2025, at 6pm
6. Adjournment
This meeting is broadcast live at:
https://youtube.com/@cityofgoldhill
Planning Commission 6/18/25 Packet Page 1 of 98
PLANNING COMMISSION
MINUTES
Wednesday, January 15, 2025, 6:00PM
Gold Hill City Hall, 420 N 6TH Ave
1. Call to Order 6:00pm/ Roll Call:
Present: Chair Warwick, Vice Chair Schoonover, Commissioner Lillie, Councilor
Berggren Staff: Lily Morgan, Mallory Wright and RVCOG Planner Onnie Heater.
Excused: Commissioner Hammon
2. Public Comment None
3. Minutes approval – Vice Chair Schoonover made a motion to approve minutes from
11/20/2024, Seconded by Chair Warwick. Aye (Warwick, Schoonover, Lillie) Nay
(none) Motion Carries.
4. New Business:
a. Planning Projects Update –
RVCOG Planner Heater presented information update on pending projects she has
been consulted on. Morgan advised this is informational without violating future
hearing of the commission on these matters.
i. Zoning clearance for single family resident on 6th Avenue
ii. Inquiry about a new development on Ambrose
iii. Preapplication conferences scheduled for Thursday 1/16/25: a proposed 44
lot subdivision on 2nd Avenue, multi-unit application proposed for Jacoby
St
iv. Variance for setbacks for a single-family home on Jacoby Street.
v. Encroachment for 7th Avenue
Warwick inquired if all these applications would come before the commission or
handled administratively. Heater advised on the types of clearances and that
different levels are handled by staff, planning staff, the commission or the council.
b. Code Update Needs: Morgan presented areas of the municipal code in need of review
by the council for amendment. This included:
i. Title 1 chapter 1.20 violations of the code are outdated and amended language
is being presented to the council on 1/21/25 to be reviewed.
ii. Title 8 the violation fees were updated in 2021 but did not make it into the
code language. Different portions may impact planning: streets, water,
sediment control plan was amended but did not make it into the code.
iii. 1984 comprehensive plan dictated housing plan and traffic and is the
foundation of our requirements it includes a citizen review board for code
changes. Planning commission was established as citizen review so it would
be appropriate to bring it to the commission as the citizen review board.
iv. Warwick asked, “In title 17 what is the status of missing driveway section?”
Planning Commission 6/18/25 Packet Page 2 of 98
Morgan explained that after research and legal consulting, it was discovered it
was never intended to be removed. This was considered a Scrivener’s error,
and it has been placed back in.
v. Warwick discussed removing the sewer portion of Chapter 13. Morgan-
responded that we are working with Southern Oregon Water Tech to update
this, and the sewer does need to be removed.
vi. Heater added that manufactured home law needs to be updated because of
new state laws.
vii. Morgan agreed and stated that all our code needs to be updated and codified.
The city manager’s intent is to have the code electronically codified and then
perhaps subscribe with the publishing company so as ordinances are passed,
they are codified automatically and that will keep the code current, ensuring
the latest regulations and laws related to development, etc. are codified in the
actual code.
viii. Warwick asked if section 17 back online. Morgan stated that it was back
online.
5. The commission was reminded that there is a seat vacancy if they had anyone in mind to
invite them to apply.
6. Next Meeting – February 19, 2025, at 6pm and will not be affected by the holiday
7. Adjournment 6:22pm
Attest: _____________________________________
City Clerk Mallory Wright
This meeting was broadcast live at: https://youtube.com/@cityofgoldhill
Planning Commission 6/18/25 Packet Page 3 of 98
PLANNING COMMISSION
Minutes
Wednesday, April 16, 2025, 6:00PM
Gold Hill City Hall, 420 N 6TH Ave
1. Call to Order 6:01pm
Roll Call: Present: Chair Warwick, Vice Chair Schoonover, Commissioner Hammond,
Commissioner Lillie, Councilor Berggren. RVCOG Staff: Onnie Heater and Dick Converse
Staff: Lily Morgan and Mallory Wright
2. Public Comment (General comments, unrelated to public hearing)-None.
3. Minutes approval – 01/15/2025 Planning Commission meeting- Tabled to next meeting.
4. New Business
a. Municipal Code review Chapter 2.12 Planning Commission- Presented alternate language
for Planning Commission- See attached.
i. Examples from other jurisdictions were given related to meeting requirements.
Language discussed to be sent back to council: “minimum of quarterly
meetings unless cancelled by chair and can be more frequently as required to
meet the city’s planning needs.”
ii.The City Manager will bring an ordinance to council for language change-
Recommend- “Items brought before the planning commission, that action will
be taken and recommendations made in accordance with the Gold Hill
municipal code and state law in time frame dictated by state law.”
b. RVCOG Staff Onnie Heater and Dick Converse gave presentation – See attached.
i. Scrivener errors shown will be fixed to reduce barriers to building, fixing
things that have previously been approved.
ii. Items initiated by council were presented to inform commission.
iii. Recommended text will be brought back to the next meeting for commission
review.
5. Next Meeting – May 21, 2025, at 6pm
6. Adjournment 6:39pm
This meeting was broadcast live at: https://youtube.com/@cityofgoldhill
Planning Commission 6/18/25 Packet Page 4 of 98
CITY OF GOLD HILL
PROCEDURES FOR PUBLIC HEARING
Legislative Land Use Hearing
The presiding officer shall conduct the hearing in an orderly fashion within the guidelines of the Gold Hill
Municipal Code.
However,
the
technical
rules of
parliamentary procedure shall be avoided so the hearing
may
be conducted
in a clear, simple
and
fair manner.
1. Opening of Hearing
“At this time ___: ___ p.m., we will open the public hearing to accept public testimony
regarding the proposed Text Amendment to adopt new language in the City of Gold Hill
Municipal Code Titles 16 (Subdivisions) and 17 (Zoning) to ensure compliance with
House Bill 3395, promote internal consistency within the Code, and incorporate
Ordinance 13-02 (Low Impact Development) into the Municipal Code. The applicant is
the City of Gold Hill.
o Read the Public Hearing Opening Statement. Copies of the Public Hearings
Opening Statement and Rules of Conduct are on the table.
“We will begin the hearing with a staff report, statements by persons in favor of the
application, statements by persons in opposition to the application and an opportunity for
additional comments by staff. After final comments from staff, the public comment
portion will be closed, and the matter will be discussed and acted upon by the Planning
Commission.”
“This hearing is in addition to the required City Council hearing, to provide an additional
opportunity to accept written and oral testimony in advance of the City Council hearing.
The written testimony and the minutes of this meeting will be provided to the City Council
prior to their meeting as part of the record.
2. Objections to Jurisdiction
“Is there anyone present who wishes to challenge the authority of the Planning
Commission to take testimony on this matter”
(If NO): “There are no objections”
(If YES): “Objections to Jurisdiction Are So Noted in the Record.”
3. Abstentions – Conflict of Interest
“Do any Commissioners wish to abstain from participating in this hearing or declare a
conflict of interest or potential conflict of interest?”
4. Ex-Parte Contact
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“This is a legislative action, not quasi-judicial, so Ex-Parte Contact is not applicable.”
5. Staff Report
“We will now begin with the staff report. Dick Converse, please present the staff report.”
After Staff Report: “Do any of the Commissioners have any questions of the staff?”
6. Public Testimony
“We'll now call on those who wish to testify in support of the application. Please state
your name and residential address for the record, sign the sheet on the table and limit
your comments to 3 minutes).”
“Does the Planning Commission have any comments or questions for the speaker?”
“We'll now call on those who wish to testify against the application position. Please state
your name and residential address for the record, sign the sheet on the table and limit
your comments to 3 minutes).”
“Does the Planning Commission have any comments or questions for the speaker?”
9. Final Staff Comments
“Does the staff have any closing comments?”
10. Close the Record
“We will now close the public testimony portion of the hearing and deliberate.”
11. Deliberate
(Members of the hearing body may openly discuss the proposal & further question
planning staff, county and/or state agencies, or any party appearing for or against the
proposal.)
Options:
o Continue to a specific date and time;
o Approve application as presented;
o Approve application with conditions in staff report;
o Approve application with conditions as modified by Planning Commission;
o Deny application due to failure to meet ______ criteria; or
o Conduct vote on County Ordinance.
“Is there a motion?” (The motion must include the agenda item number and must be
based on the findings from the public hearing and the standards, findings,
conclusions and recommendations in the staff report.)
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“Is there a second?”
“Please call roll call.”
12. Announcements by Presiding Officer.
“The next regularly scheduled Planning Commission meeting will be July ____, 2025, at
6:00 p.m. at the City Hall Council Chambers.”
13. Close Hearing/Adjournment
“We will now close this public hearing at ____: ____p.m.
Planning Commission 6/18/25 Packet Page 7 of 98
CITY OF GOLD HILL
PUBLIC HEARING OPENING STATEMENT &
RULES OF CONDUCT
Planning Commission / Legislative Hearing
READ THIS STATEMENT AT THE COMMENCEMENT OF EACH HEARING:
“This meeting of the Gold Hill Planning Commission will be conducted according to the
Gold Hill Comprehensive Plan and applicable ordinances, as well as those of the State
of Oregon, as they apply to legislative actions. A summary of the rules is as follows:
The planning staff will identify and explain the laws and procedures governing this
action.
For legislative hearings, the applicable criteria are;
1. The proposal shall be consistent with the City’s adopted goals and policies
pertaining to land use, growth and development.
2. The proposal shall be consistent with all applicable statewide planning goals.
These are the criteria that the Planning Commission must use in making a decision. All
testimony and evidence must be directed toward these criteria or others as applicable in
the Comprehensive Plan or land use regulation which the person testifying believes to
be relevant to these hearing issues. When offering testimony, please relate your
presentation to the listed criteria.
Failure to raise an issue, accompanied by statements or evidence sufficient to afford the
Commission and the applicants an opportunity to respond to the issue, shall preclude
appeal to the Oregon State Land Use Board of Appeals based on that issue.
All participants are free to express their views about whether the proposed legislation is
good policy or appropriate use of city resources.
Any person who participates in this hearing may receive a mailed notice of the Planning
Commission's final decision by requesting the notice in writing.”
THEN STATE: "The first (second, etc.) item on the agenda is as follows..." (Read the
item as it appears on the agenda).
NEXT ANNOUNCE: “All persons testifying shall have three (3) minutes, unless the
Chair grants additional time at the request of the speaker. Any time spent answering
questions from the Commission will not be considered as part of the speaker’s allotted
Planning Commission 6/18/25 Packet Page 8 of 98
time. Each person offering comments during this hearing must state his or her name
and address and write that same information on the sign-up sheet found on the table.
We wish to hear from everyone who is interested in the proposal. However, we request
that you do not infringe on someone else’s speaking time by repeating evidence already
provided.”
FINALLY SAY: "The laws and procedures applicable to this legislative item shall be
presented by the Rogue Valley Council of Governments Planning Staff as part of the
staff report.”
Planning Commission 6/18/25 Packet Page 9 of 98
Staff Report | Text Amendment 2025-XX Page 1
CITY OF GOLD HILL
ZONING CODE TEXT AMENDMENT
TITLE 16 & 17 ORDINANCE REVISION
APPLICANT: City of Gold Hill
APPLICATION: The proposed ordinance amends the Gold Hill Municipal Code, specifically
Title 17 – Zoning and Title 16 – Subdivisions, to ensure compliance with
House Bill 3395 and to promote internal consistency within the Code.
Amendments are proposed to the following chapters of Title 17:17.16, 17.28,
17.32, 17.36, 17.40, 17.48, 17.62, 17.68, and 17.104. Additionally, the
ordinance introduces two new chapters: Chapter 16.34 – Property Line
Adjustment (Title 16) and Chapter 17.65 – Mobile Food Vendors (Title 17).
These changes, including all related subsections, will be codified as part of
Ordinance 25-XX upon adoption.
STAFF RECOMMENDATION: Staff recommends that the Planning Commission recommend
approval of the amendments to the City Council.
1. BACKGROUND:
Throughout this term, the City Manager and RVCOG staff met to review concepts and
research, identify regulatory intent, and revise potential draft language.
Overall, the goals for this code update were to:
1. Address issues identified by the City Manager and RVCOG staff.
2. Determine compliance with HB 3395. The House Bill and related Senate Bill 1501
were adopted in 2023 to encourage community development by providing needed
housing and development of infrastructure. The bill included several new provisions
that cities must permit, including:
• Affordable residential structures in commercial zones. Because the
Downtown zone permits some industrial uses, this provision will be applied
only to the General Commercial zone. HB 3395 specifies that this provision
does not trigger the need for an economic analysis.
• Single-room occupancies in residential zones. This provision permits a
dwelling to have up to six rentable rooms in a dwelling. They must share
sanitary and food preparation facilities.
Because Gold Hill’s population is under 2,500, many of the HB 3395 provisions are
not mandatory. In its recent code update, however, the City included duplexes as a
permitted use in single-family zones, clearly consistent with the intent of the Bill.
3. Incorporate Ordinance 13-02 into the Muncipal Code. This ordinance adopted Low
Impact Development Standards, and much of the highlighted text reflects these
regulations adopted in 2013; they are not new regulations.
Planning Commission 6/18/25 Packet Page 10 of 98
Staff Report | Text Amendment 2025-XX Page 2
4. Provide a user-friendly document through organization, clear and simplified
language, and the use of tables and graphics.
5. Comply with HB 4064 by changing the approval standards for manufactured
dwellings. Past requirements include minimum structure size and other features
unique to manufactured dwellings. Current standards require compliance with the
same structural standards as for conventional dwellings. The most recent code
update project included the new standards but failed to delete the old standards.
6. During compliance review, staff identified internal inconsistencies in the code, some
of which are corrected through a “Scrivener Error” process, but others that are
substantive. These include adding property line adjustments to the Subdivision and
Partition standards of Title 16 (Exhibit A), and clarifying mobile food vendor
regulations in Title 17. Title 17 is a large section of the code, and Exhibit B does not
include sections where no more than formatting changes are proposed. In some
cases, existing text is included to provide context.
With the changes incorporated into the document shown in exhibits A and B, staff finds
that these proposed changes will enable the City of Gold Hill to more efficiently regulate
the zoning ordinance within the city and ultimately preserve the character of Gold Hill.
2. FINDINGS OF FACT AND CONCLUSIONS OF LAW and
APPLICABLE CRITERIA
A) Section 17.84.010 Text Amendment
The text of the Municipal Code may be recommended for amendment and amended
at any time through initiation from the Gold Hill Planning Commission or City Council
whenever the public necessity and convenience and the general welfare require
such an amendment as outlined in Section 17.84.010.
FINDING: Ensuring that Title 17 (Zoning) and Title 16 (Subdivisions) of the Gold Hill
Municipal Code effectively comply with HB 3395 and maintain internal consistency is
a matter of public necessity and therefore justifies this amendment.
B) Section 17.84.030 Approval Criteria
Planning Commission review and recommendation, and City Council approval, of an
ordinance amending the Zoning Map, Development Code, or Comprehensive Plan
shall be based on all of the following criteria.
1. If the proposal involves an amendment to the Comprehensive Plan, the
amendment must be consistent with Statewide Planning Goals and relevant
Oregon Administrative Rules;
FINDING: The proposal does not include, nor does it contemplate, any changes
to the Comprehensive Plan.
Planning Commission 6/18/25 Packet Page 11 of 98
Staff Report | Text Amendment 2025-XX Page 3
2. The proposal must be consistent with the Comprehensive Plan (the
Comprehensive Plan may be amended with the proposed changes in
zoning).
FINDING: The proposal is consistent with the land use designations outlined in
the Comprehensive Plan. The City's Land Use Goal emphasizes that periodic
amendments to the Comprehensive Plan are as important as its initial adoption.
This goal, along with other guiding principles, acknowledges the need for regular
updates to the City's database, ordinances, and policies. In addition, Goal 2(6)
states that revisions or additions to the City’s zoning, subdivision, and other land
development ordinances may be proposed at any time, as necessary.
3. The City Council must find the proposal to be in the public interest with regard
to community conditions; the proposal either responds to changes in the
community or it corrects a mistake or inconsistency in the subject plan or
code.
FINDING: As part of the compliance review for HB 3395, staff identified several
discrepancies that must be corrected to align with both HB 3395 and ensure
internal consistency within the Code. In response, the City Council initiated an
amendment to address these issues.
4. The amendment must conform to Section 17.84.050 Transportation Planning
Rule Compliance.
FINDING: The proposal does not include, nor does it propose, any amendments
to the Comprehensive Plan or Zoning Map. Therefore, it is not expected to have
any effect on the transportation facility. HB 3395 specifies that a local
government that amends its land use regulations to allow additional middle
housing is not required to consider whether the amendments significantly affect
an existing or planned transportation facility.
IV. RECOMMENDATION
The Planning Commission can find that this application complies with the City of Gold Hill
Comprehensive Plan Goals, specifically Goal 2, and requirements of any proposed
Municipal Code text amendment as outlined in Chapter 17.85.030.
It is the recommendation of staff that the Planning Commission recommend approval of the
proposed amendment and revise Titles 16 and 17 in accordance with the language provided
in Exhibits ‘A’ and ‘B’.
Respectfully Submitted,
Onnie Heater
Contract Planner
Planning Commission 6/18/25 Packet Page 12 of 98
Exhibit A
Title 16
SUBDIVISIONS*
Chapters:
16.04
16.08
16.12
16.16
16.20
16.24
16.28
16.32
16.34
16.36
16.40
16.44
Definitions
Administration
Design Standards
Dedications
Tentative Plan
Final Plat
Partitions
Improvements
Property Line Adjustments
Variances
Appeals
Annexation
Planning Commission 6/18/25 Packet Page 13 of 98
Chapter 16.28
PARTITIONS
Sections:
16.28.010
16.28.020
16.28.030
16.28.040
Public street outside of subdivision.
Private street outside of subdivision
Use
of shared access easement
.
Major partitioning procedure.
Minor partitioning procedure.
Planning Commission 6/18/25 Packet Page 14 of 98
16.28.020 Private street outside of subdivision
Use of
shared access easement
.
A street which is created in order
to allow the partitioning of land for the purpose of
transfer of ownership or building development, whether
immediate or future, shall be in the form of a street in a
subdivision or as provided in Section 16.28.010, except that
a private street to be established by deed without full
compliance with these regulations shall be
approved by the council provided it is the only reasonable
method by which the rear portion of an unusually deep land
parcel of a size to warrant partitioning into not over two
parcels may be provided with access.
A copy of the tentative
plan to create the street and partition the tract shall be
submitted to the city administrator at least five days prior
to the planning commission meeting at which consideration is
desired.
The document and such i formation as may be sub-
mitted shall be reviewed by the planning commission and, if
assurance of adequate utility and vehicular access is in-
dicated, shall be recommended to the council for approval.
Within fifteen days of receipt of the recommendation of the
planning commission, the council shall approve or deny the
creation of the private street.
(Ord. 410 §21, 1977).
Land divisions shall permit the use of shared access
agreements as an alternative to the flag lot requirements
of the code when three (3) or fewer lots are being created.
To use this provision, the following conditions shall be
met:
A. The area of the shared access easement shall be a
minimum of twenty (20) feet and paved to public works
standards.
B. If a garage, carport, or off-street parking area uses
any portion of the shared access easement, the activity shall
provide maneuvering area as determined by the City.
C. All other fire/life/safety, utility, and vision
clearance regulations shall be met.
D. A private maintenance agreement shall be filed with
the final plat.
Chapter 16.34
– Property Line
Adjustments
Sections:
16.34.010 Purpose
16.34.020 Submission Requirement
16.34.030 Approval Process
16.34.040 Approval Criteria
16.34.050 Recording Property Line Adjustments
16.34.060 Extension
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16.34.010 Purpose Property Line Adjustments include
the consolidation of lots, and the modification of lot
boundaries, when no new lots are created. The application
submission and approval process is as follows:
16.34.020 Submission Requirement All applications
for Property line Adjustment shall be made on forms provided
by the City and shall include information required for a Type
I application, as governed by Section 17.104.020 – Type I
Procedure (Ministerial). The application shall include a
preliminary property line map 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; existing fences
and walls; and any other information deemed necessary by the
Planning Director for ensuring compliance with City codes.
16.34.030 Approval Process A. Decision-making process.
Property line adjustments shall be reviewed by means of a
Type I procedure, as governed by Section 17.104.020 – Type I
Procedure (Ministerial), using approval criteria contained in
subsection C, below.
B. Time limit on approval. The property line adjustment
approval shall be effective for a period of two years from
the date of approval, during which time it must be recorded.
C. Lapsing of approval. The property line adjustment
approval shall lapse if:
1. The property line adjustment is not recorded within
the time limit in subsection 2;
2. The property line adjustment has been improperly
recorded with Jackson County without completion of all
conditions attached to the approval; or
3. The final recording is a departure from the approved
plan.
16.34.040 Approval Criteria The Planning Director shall
approve or deny a request for a property line adjustment in
writing based on findings that all of the following criteria
are satisfied:
A. No additional parcel or lot is created by the property
line adjustment; however, the number of lots or parcels may
be reduced.
B. Lot standards. All lots and parcels comply with the
applicable lot standards of the land use district (Chapter
17) including lot area and dimensions.
C. Access. All lots and parcels comply with the standards
or requirements of Chapter 17.44.030–Access.
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D. Setbacks. The resulting lots, parcels, tracts, and
building locations comply with the standards of the land use
district (Chapter 17).
E. Exemptions from Dedications and Improvements. A
property line adjustment is not considered
1 development action for purposes of determining
whether right-of-way dedication or improvement is required.
16.34.050 Recording Property Line Adjustments A.
Recording. The applicant shall record the property line
adjustment survey map with Jackson County within 60 days of
signature and submit a copy of the recorded survey map to the
City, to be filed with the approved application.
B. Time limit. The applicant shall submit the 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.
16.34.060 Extension. The Planning Director shall,
upon written request by the applicant and payment of the
required fee, grant an extension of the approval period not
to exceed one year provided that:
A. No changes are made on the original plan as
approved by the City;
B. The applicant can show intent of recording the
approved partition or property line adjustment within the
one-year extension period;
C. 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
D. The extension request is made before expiration of
the original approved plan.
Planning Commission 6/18/25 Packet Page 17 of 98
Exhibit ‘B’
Title 17
Zoning Ordinance
Planning Commission 6/18/25 Packet Page 18 of 98
Chapter 17.08 – Definitions
Sections:
17.08.010 Purpose and Applicability
17.08.020 Access
17.08.030 Accessory structure or accessory use
17.08.040 Alley
17.08.050 Bioretention.
17.08.0560 Boarding and rooming house
17.08.05570 Child care
17.08.0680 City Council or Council
17.08.090 Composting
17.08.100 Curb-contained bioretention
17.08.07110 Dwelling
17.08.120 Filter Strips
17.08.08130 Grade
17.08.140 In-curb planter vault
17.08.09150 Kennel
17.08.160 Level spreader
17.08.170 Livable neighborhood
17.08.1080 Lot
17.08.190 Lot coverage
17.08.200 Low impact development
17.08.1210 Manufactured home
17.08.1220 Manufactured home park
17.08.230 Native vegetation
17.08.13240 Nonconforming structure or use
17.08.14250 Outdoor advertising structure
17.08.15260 Owner
17.08.270 Permeable pavement
17.08.16280 Professional office
17.08.290 Rain barrel
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17.08.300 Rain garden
17.08.17310 Residential facility
17.08.18320 Residential home
17.08.330 Retention pond
17.08.19340 Sign
17.08.20350 Solar
17.08.21360 Street
17.08.22370 Structure
17.08.380 Swale
17.08.010 Purpose and Applicability
The purpose of Chapter 17.08 is to define terms that are used in the City of Gold Hill Development
Code and other terms that may arise in interpreting the Code, particularly those that may be uncommon
or have more than one meaning.
A. Definitions. The definitions in Chapter 17.08 apply to all actions and interpretations under the City
of Gold Hill Development Code. The meanings of some 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.
B. When a Term is Not Defined. 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.
C. Conflicting Definitions. Where a term listed in Chapter 17.08 is defined by another section of this
Code or by other regulations or statutes referenced by this Code, the term is not redefined herein for
purposes of that other code.
17.08.050 Bioretention
A system consisting of a soil bed planted with native vegetation. Stormwater runoff entering the
bioretention system is filtered through the soil planting bed before being either conveyed downstream
by an underdrain system or infiltrated into the existing subsoil below the soil bed.
17.08.0890 Composting
“Composting” means organic material that can be added to soil to help plants grow.
17.08.100 Curb-contained bioretention.
A series of smaller, depressed vegetated collection basins that retain stormwater runoff from parking
lots, residential streets or large impervious commercial areas. These depressions are often surrounded
by curbing to maximize storage during large events and often include an over-flow outlet or
Planning Commission 6/18/25 Packet Page 20 of 98
underdrains to conventional stormwater systems. Inflow is often dispersed via a gravel diaphragm or
level spreader to disperse flow evenly into the facility.
17.08.070110 Dwelling
A structure conforming to the definition of a dwelling under applicable building codes and providing
complete, independent living facilities for one or more persons, including permanent provisions for
living, sleeping, eating, cooking, and sanitation. If the individual units are self-contained, assisted living
facilities for the elderly or disabled as defined by the State of Oregon, having common food preparation,
dining, social, recreational, and/or housekeeping facilities are included in this definition. Typical
accessory uses include: accessory storage buildings; private garage and parking areas; storage of not
more than one commercial vehicle per dwelling unit; common area buildings for residents, guest houses,
and guest quarters not in the main building, provided such houses and quarters are and remain dependent
upon the main building for either kitchen or bathroom facilities, or both, and the guest facilities are used
for temporary lodging only and not as a place of residence; and the taking of boarders or leasing of
rooms by a resident family, providing the total number of boarders and roomers does not exceed two in
any dwelling unit. For the purposes of this Code, the following types of dwelling units are defined:
“Accessory Dwelling.” A secondary dwelling unit on a lot where the primary use is a single-family
dwelling.
“Attached, Single-Family.” (Townhome). A dwelling unit located on its own lot that shares one or
more common or abutting walls with one or more dwelling units on adjacent lot(s).
“Duplex Dwelling.” A structure 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, as applicable, unless the additional cooking
facilities are clearly accessory to the primary use, such as an outdoor grill or wet bar.
“Manufactured Home.” A structure constructed for movement on the public highways that has
sleeping, cooking, and plumbing facilities; that is intended for human occupancy; that is being used for
residential purposes; and that was constructed in accordance with federal manufactured housing
construction and safety standards and regulations in effect at the time of construction.
“Mobile Home.” A structure constructed for movement on the public highways that has sleeping,
cooking, and plumbing facilities; that is intended for human occupancy; that is being used for residential
purposes; and that was constructed between January 1, 1962, and June 15, 1976, and met the
construction requirements of Oregon mobile home law in effect at the time of construction.
“Multifamily Development.” A structure or grouping of structures containing three or more dwellings
on the same lot.
“Multifamily Structure.” A structure containing three or more dwelling units. The land underneath the
structure is not divided into separate lots.
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“Residential Trailer.” A structure constructed for movement on the public highways that has sleeping,
cooking, and plumbing facilities; that is intended for human occupancy; that is being used for residential
purposes; and that was constructed before January 1, 1962.
“Recreational Vehicle (RV).” A vehicle, with or without motive power, that is designed for human
occupancy and to be used temporarily for recreational, seasonal, or emergency purposes and is further
defined by state law and/or administrative rules.
“Residential Home” is a residential treatment or training or adult foster home licensed by or under the
authority of the Department of Human Services, under ORS 443.400 to 443.825, a residential facility
registered under ORS 443.480 to 443.500, or an adult foster home licensed under ORS 443.705 to
443.825 that provides residential care alone or in conjunction with treatment or training or a
combination thereof for five or fewer individuals who need not be related. (See also, ORS 197.660.).
“Residential Facility” is defined under ORS 430.010 (for alcohol and drug abuse programs), ORS
443.400 (for persons with disabilities), and ORS 443.880; residential facilities provide housing and care
for 6 to 15 individuals 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
“Senior Housing.” Housing designated and/or managed for persons over a specified age. Specific age
restrictions vary, and uses may include assisted living facilities, retirement homes, convalescent or
nursing homes, and similar uses not otherwise classified as Residential Homes or Residential Facilities.
“Single-Family, Detached Dwelling.” A detached dwelling unit located on its own lot.
“Single Room Occupancy.” A residential development with no fewer than four attached units that are
independently rented and lockable and provide living and sleeping space for the exclusive use of an
occupant, but require that the occupant share sanitary or food preparation facilities with other units in
the occupancy.
(2) Within an urban growth boundary, each local government shall allow the development
of a single room occupancy:
(a) With up to six units on each lot or parcel zoned to allow for the development of a
detached single-family dwelling; and
(b) With the number of units consistent with the density standards of a lot or parcel
zoned to allow for the development of residential dwellings with five or more units
17.08.120 Filter Strips
Vegetated surfaces that are designed to treat sheet flow from adjacent surfaces. Filter strips function by
slowing runoff velocities and filtering out sediment and other pollutants, and by providing some
infiltration into underlying soils.
17.08.140 In-curb planter vault
A sub-grade storage vault built into curbs to allow road or parking lot drainage to enter the vault's
planter, which provides vegetation for the adjacent traffic island or sidewalk.
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17.08.160 Level spreader
A level, graded area designed to slow and spread concentrated runoff and release it as sheet flow to a
stabilized area. The level spreader outfall can be stabilized by vegetation, erosion control blankets or a
combination of wood timber and gravel.
17.08.170 Livable neighborhood
Elements within a community that have significant impact on individual residents’ quality of life and on
the overall community’s well-being.
17.08.190 Lot coverage
All areas of a lot or parcel covered by buildings (as defined by foundation perimeters) and other
structures with surfaces greater than 36 inches above the finished and natural grade; except for covered
front porches, covered (non-enclosed) bicycle parking, pergolas, porticos, balconies, overhangs and
similar architectural features placed on the front (e.g., street facing) elevation of a building.
17.08.200 Low impact development.
An approach to land development (or re-development) that works with nature to manage stormwater as
close to its source as possible.
17.08.230 Native vegetation
"Native Vegetation" means any plant community native to the state of Oregon. The following sources
shall be used in making this determination:
1) For riparian areas specifically, the Stream and Wetland Enhancement Guide by the Rogue Valley
Council of Governments shall be used.
2) For general purposes, the Recommended Native Plants for Home Gardens in Western Oregon
publication by Oregon State University Extensive Service shall be used.
17.08.270 Permeable pavement.
A system consisting of strong structural materials containing regularly interspersed void areas, which
are filled with pervious materials such as gravel or sod.
17.08.290 Rain barrel
A system that collects and stores rainwater from your roof that would otherwise be lost to runoff and
diverted to storm drains and streams.
17.08.300 Rain garden.
A “sunken garden bed” that collects and treats stormwater runoff, primarily from rooftops, driveways,
sidewalks, parking lots, and streets.
17.08.330 Retention pond
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Constructed basins that have a permanent pool of water throughout the year (or at least throughout the
wet season). Ponds treat incoming stormwater runoff by allowing particles to settle and algae to take up
nutrients.
17.08.35 Single Room Occupancy
(1)A residential development with no fewer than four attached units that are independently rented and
lockable and provide living and sleeping space for the exclusive use of an occupant, but re-
quire that the occupant share sanitary or food preparation facilities with other units in the
occupancy.
(2) Within an urban growth boundary, each local government shall allow the development
of a single room occupancy:
(a) With up to six units on each lot or parcel zoned to allow for the development of a
detached single-family dwelling; and
(b) With the number of units consistent with the density standards of a lot or parcel
zoned to allow for the development of residential dwellings with five or more units
17.08.380 Swale
A vegetated, open-channel management practice designed specifically to treat and attenuate
stormwater runoff for a specified water quality volume.
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Chapter 17.16 – Low Density Residential (R-1) District
Sections:
17.16.010 Purpose
17.16.020 Allowed Land Uses
17.16.030 Building Setbacks
17.16.040 Lot Area and Dimensions
17.16.050 Flag Lots
17.16.060 Residential Density
17.16.070 Maximum Lot Coverage
17.16.080 Building Height
17.16.090 Building Orientation
17.16.100 Architecture Standards
17.16.110 Special Standards for Certain Uses
17.16.010 Purpose
The Low Density Residential District is intended to promote the livability, stability and improvement of
the City’s neighborhoods. This chapter provides standards for the orderly expansion and improvement of
neighborhoods based on the following principles.
A. Make efficient use of land and public services, and implement the Comprehensive Plan, by
providing minimum and maximum density standards for housing, specifically 1 unit per gross acre at
minimum, and 8 units per gross acre maximum.
B. Accommodate a range of housing needs, including owner-occupied and rental housing.
C. Provide for compatible building and site design at an appropriate neighborhood scale.
D. Reduce reliance on the automobile for neighborhood travel and provide options for walking, and
bicycling.
E. Provide direct and convenient access to schools, parks and neighborhood services.
F. Encourage and allow development with minimal impact on the natural environment to ensure livable
neighborhoods.
17.16.020 Allowed Land Uses
A. Permitted Uses.
1. Residential Uses
a. Single Family Dwelling, Detached
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b. Duplex
c. Manufactured Home
d. Family Daycare
e. Residential Care Home
2. Public and Institutional Uses
a. Utility Structures and Facilities, City Planned Projects; i.e., utilities identified by an adopted
City master plan or development review approval
B. Conditional Uses.
1. Residential Uses
a. Bed & Breakfast
2. Public and Institutional Uses
a. Emergency Services; includes Police, Fire, Ambulance
b. Public Parks and Open Space, including Playgrounds, Trails, Nature Preserves, Athletic
Fields, Courts, Swim Pools, and similar uses
c. Public Works Utilities Storage Yards; includes Vehicle and Equipment Storage,
Maintenance, and Repair
d. Religious Institutions and Houses of Worship
e. School, Preschool-Kindergarten
f. School, Secondary
g. Utility Structures and Facilities, Regional Projects; project is not part of an adopted City
master plan or development review approval
h. Telecommunications Equipment
3. Commercial Uses
a. Bed and Breakfast Inn
C. Permitted with Special Standards.
1. Residential Uses
a. Duplex
b. Manufactured Home Park
c. Family Daycare Center
d. Home Occupation
D. Accessory Uses.
1. Residential Uses
a. Accessory structures such as garages, sheds, greenhouses, workshops, and detached decks
b. Accessory Dwelling Unit
c. Household Solar Panels
d. Stormwater facilities (e.g. permeable pavements, rain gardens, rain barrels, vegetated swales,
composting, and filter strips)
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17.16.030 Building Setbacks
Building setbacks provide space for private yards, and building separation for fire protection/security,
building maintenance, sun light and air circulation. This section is also intended to promote human-scale
design and traffic calming by downplaying the visual presence of garages along the street and
encouraging the use of extra-wide sidewalks and pocket parks in front of markets and other non-
residential uses. The standards encourage placement of residences close to the street, and, when
appropriate, clustered for public safety and neighborhood security., preservation of native vegetation
and natural hydrology and minimizing total impervious surface area.
Figure 17.16.030 – Definitions of Setbacks
Building setbacks are measured from the wall to the respective property line. Setbacks for decks and
porches are measured from the edge of the deck or porch to the property line. The setback standards, as
listed on the following page and illustrated above, apply to primary structures as well as accessory
structures. A Variance is required in accordance with Chapter 17.76 to modify any setback standard.
Setback modification to reduce total impervious surface area on a lot will be given speedier
consideration. Examples of setback modifications to reduce total impervious surface area include but are
not limited to: reducing side yard setback for clustered development, reducing any setback to reduce
walkway or driveway pavement, or reducing any setback to allow for a shared driveway.
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A. Front Yard Setbacks.
1. Residential uses (single-family)
a. A minimum setback of 20 feet is required, except that an unenclosed porch may be within 15
feet, as long as it does not encroach into a public utility easement. See also Chapter 17.44,
which provides standards for Setbacks for Established Residential Areas.
b. Garages and carports shall be accessed from alleys or otherwise recessed behind the front
building elevation by a minimum of 5 feet. Alternatively, garage and carport entrances may
be built flush with the front building elevation when the building is set back by at least 20
feet.
2. Public and institutional uses
a. A minimum front setback is not required, except as necessary to comply with the vision
clearance standards in §17.56.060.
b. A maximum setback of 10 feet is required. This standard is met when a minimum of 50
percent of the front building elevation is placed 10 feet or closer to the front property line. On
parcels with more than one building, this standard applies to the largest building. This
standard shall not be required for buildings that do not receive the public (e.g., buildings used
solely for storage or housing mechanical equipment, and similar uses).
B. Rear Yard Setbacks.
1. The minimum rear yard setback shall be 10 feet for street-access lots, and 20 feet for alley-access
lots (all structures).
C. Side Yard Setbacks.
1. The minimum side yard setback shall be 5 feet on interior side yards, and 10 feet on street comer
yards.
D. Setback Exceptions.
1. The following architectural features are allowed to encroach into the setback yards.
a. Eaves, chimneys, bay windows, overhangs, and similar architectural features may encroach
into setbacks by no more than 3 feet.
b. Decks and similar roofless structures not more than 36 inches high may encroach into
setbacks by no more than 6 feet, subject to the front yard setback provisions in “A”.
c. Walls and fences may be placed on property lines, subject to the standards in Chapter 17.48.
Walls and fences within front yards shall additionally comply with the vision clearance
standards in Chapter 17.56.
E. Special Yards – Distance Between Buildings on the Same Lot
To provide usable yard area and allow air circulation and light, the minimum distance between
buildings on the same lot shall be as follows:
1. Ten feet between dwelling units;
2. Three feet between a dwelling unit and an accessory building. A lesser distance is permitted,
however, the buildings will be considered attached and subject to all dwelling unit setbacks, and
the regulations of the Building Code as adopted by Jackson County;
3. Three feet between accessory buildings. A lesser distance is permitted, however, the buildings
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will be considered attached and subject to all regulations as they may pertain to accessory buildings
based on this combined area, and the regulations of the Building Code as adopted by Jackson
County
Table 17.16.030 – Setback Requirements for the R-1 Zone
Yard Location
Front Yard
Rear Yard
Side Yard
Minimum Distance
20 Ft.
10 Ft.
5 Ft.
Setback Distance
Exceptions
Public and Institutional
uses have a 10 Ft. front
yard setback maximum.
Alley-access lots must
utilize a 20 Ft. rear
yard setback
Lots abutting two
streets or public right
of ways must utilize a
10 ft. side yard setback
Allowed Architectural
Encroachment
Eaves, chimneys, bay windows, overhangs, and similar architectural
features may encroach into setbacks by no more than 3 feet.
Decks and similar roofless structures not more than 36 inches high may
encroach into setbacks by no more than (six) 6 feet, subject to the front yard
setback.
Walls and fences may be placed on property lines, subject to the standards
in Chapter 17.48.
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17.16.040 Lot Area and Dimensions
17.16.050 Flag Lots
As shown below, some lots in existing neighborhoods may have standard widths but may be unusually
deep compared to other lots in the area. Essentially unused space at the back of a lot may provide room
for one or more lots for infill housing. Infill lots may be developed as “flag lots” or “mid-block
developments”, as defined below.
Figure 17.16.050 – Typical Flag Lot
A. Flag lots.
Flag lots may be created only when it is found that streets cannot reasonably be extended to serve future
development. A flag lot driveway may serve no more than two (2) four (4)1 dwelling units, including
accessory dwellings and dwellings on individual lots, unless so long as Uniform Fire Code (UFC)
standards are met for more units. A drive serving more than one lot shall have a reciprocal access and
maintenance easement recorded for all lots. No fence, structure or other obstacle shall be placed within
the drive area.
1 Example from:
http://www.horsleywitten.com/smartgrowth/LID/regional_planning/LID/LID_codes.html
B. Driveway and lane width.
The minimum width of all shared drives and lanes shall be 12 feet; the maximum width is 20 feet,
except as required by the Uniform Fire Code. All or a portion of this lane width is encouraged to be
composed of pervious paving materials as deemed appropriate.
C. Dedication of drive lane.
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The owner shall dedicate 20 feet of right-of-way or record a 20-foot easement (i.e., 10 feet from each
property sharing a drive) for vehicle access similar to an alley. Dedication or recording, as applicable,
shall be so indicated on the face of the subdivision or partition plat. When appropriate, use of pervious
paving materials in the development of a drive lane is encouraged.
D. Maximum drive lane length.
E. Building placement and alignment of shared drives shall be designed so that future street
connections can be made as surrounding properties develop (i.e., as shown in the preceding
graphic).Future street plans.
Building placement and alignment of shared drives shall be designed so that future street connections can
be made as surrounding properties develop (i.e., as shown in the preceding graphic).
17.16.070 Maximum Lot Coverage
A. Maximum Lot Coverage. The following maximum lot coverage standards shall apply.
Use
Maximum Lot Coverage
Single-Family Detached, Houses
5040%
Duplexes
6050%
Public and Institutional Uses
10090%
B. Lot Coverage Defined. “Lot Coverage” means all areas of a lot or parcel covered by buildings (as
defined by foundation perimeters) and other structures with surfaces greater than 30 inches above the
finished grade.
C. Compliance With Other Sections Prioritized. Compliance with other sections of this code may
preclude development of the maximum lot coverage for some land uses.
D. Lot Coverage Bonus. Lot coverage bonuses are percentage increases in the overall lot coverage
allowance. A maximum 10 percent lot coverage bonus is permitted for those listed in Section
17.16.160(A)(a-b). In order to achieve a lot coverage greater than those listed in Section
17.16.160(A)(a-b), a development can receive an additional one percent lot coverage bonus for
each one percent of land covered by a rain garden, swale, curb-contained bioretention, or other
low impact development strategy as approved by the planning commission the council or their
designated representative. With regards to lots under Section 17.16.160(A)(c), an additional 5%
is allowed (for total maximum lot coverage of 95%) as long as appropriate facilities are
developed to mitigate storm-water runoff from ‘critical’ (i.e. high runoff/collection) sources on-
site, in the form of: rain gardens, bio-swales, curb-side filtration and bioretention systems.
Appropriation and level of said facilities is to be determined by the council or their designated
representative.
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17.16.100 Architecture Standards
17.16.110 Special Standards for Certain Uses
This section supplements the standards contained §17.16.010 through 17.16.100. It provides standards
for the following land uses in order to control the scale and compatibility of those uses within the
Single-Family Residential District.
Accessory dwelling (attached, separate cottage, or above detached garage).An accessory dwelling is a
small, secondary housing unit on a single-family lot, usually the size of a studio apartment. The
additional unit can be a detached cottage, a unit attached to a garage, or in a portion of an existing house.
The housing density standard of the Residential District does not apply to accessory dwellings, due to
the small size and low occupancy level of the use. The following standards are intended to control the
size and number of accessory dwellings on individual lots, so as to promote compatibility with adjacent
land uses. Accessory dwellings shall comply with all of the following standards.
1. Oregon Structural Specialty Code. The structure complies with the Oregon Structural
Specialty Code;
2. One Unit. A maximum of one accessory dwelling unit is allowed per lot;
3. Floor Area. The maximum floor area of the accessory dwelling shall not exceed 900 square feet,
or 75 percent of the primary dwelling’s floor area, whichever is smaller;
a. Accessory Dwellings that result from the conversion of a level or floor (e.g., basement, attic,
or second story) of the primary dwelling may occupy the entire level or floor, even if the
floor area of the Accessory Dwelling would be more than 900 square feet.
4. Building Height. The building height of detached accessory dwellings (i.e., separate cottages)
shall not exceed 25 feet, as measured in accordance with §17.16.080; and
5. Buffering. A hedge or fence may be required to buffer a detached accessory dwelling from
dwellings on adjacent lots, when buffering is necessary for the privacy and enjoyment of yard
areas by either the occupants or adjacent residents. If a buffer is necessary, a rain garden can
serve as the buffer as long as it serves a similar or sufficient purpose as a hedge or fence, and
will preferably include native vegetation.
B. Duplexes.
The following provisions are intended to promote compatibility between duplex dwellings and single-
family dwellings in the R-1 zone. Where a duplex is proposed on an interior (non-corner) lot sharing a
property boundary with a single-family dwelling lot, the duplex shall meet all of the following
standards.
1. The duplex shall not exceed the height of the subject single-family dwelling by more than 20
percent for that portion of the duplex placed within 20 feet of the single-family dwelling.
2. The duplex shall have no blank wall oriented to a street. This standard is met if any elevation
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facing a street is composed of not less than 30 percent windows and door surface area.
3. The roof form on the duplex (e.g., gable, flat, or hipped) shall be similar to the roof form of
adjacent single-family dwellings on the same block face.
C. Manufactured homes on individual lots.
Manufactured homes are permitted on individual lots, subject to all of the following design standards,
consistent with ORS 197.307(5). Exception: The following standards do not apply to units which existed
within the City prior to the effective date of this ordinance. A manufactured home is permitted on an
individual lot in all low and medium density residential zones, subject to the following.
1. Floor Plan. The manufactured home shall be multi-sectional and have an enclosed floor area of
not less than 1,000 sq. ft; A manufactured home is a transportable, single-family dwelling conforming
to the construction standards set forth in the National Home Construction and Safety Act of 1974 and
intended for permanent occupancy which arrives at a site complete and ready for occupancy so that it
may be used with or without a permanent foundation.
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); No more than one manufactured home shall be
placed upon an individual lot, with the exception of a mobile home park permit, nor shall the lot
be less than the minimum lot size for the zoning district.
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); No manufactured home shall be placed upon a
lot unless the owner of the manufactured home is also the owner of the lot. The term "owner of the lot"
shall include the person in whom the title is vested or the person who is a contract purchaser whose land
sale contract or memorandum thereof is recorded.
4. Garages and Carports. The manufactured home shall have a garage or carport constructed of
like materials when nearby residences have carports or garages. The City may require an
attached or detached garage where that would be consistent with the predominant construction
of immediately surrounding residences; Manufactured homes are subject to the following standards
and criteria.
a. The manufactured home must be multi-sectional, no less than twenty feet in width, enclose a minimum
of one thousand square feet, excluding garages; and
b. Must be located not more than eighteen inches above grade on an excavated and back-filled foundation
which is enclosed at the perimeter with either concrete or concrete block foundation skirting; and
c. Have a minimum roof slope of a nominal 3:12 pitch, with either a composition, tile or metal roof,
excluding 2.5 corrugated metal roofing as per ordinance; and
d. Have exterior siding consisting of painted or stained wood, aluminum or fiberglass, with lapped siding,
board and batt, board on board, or stucco motif; and
e. No manufactured home shall be placed on a lot unless provision for off-street parking is provided for in
accordance with the requirements of the zoning ordinance. The garage or carport shall be constructed of
like materials and be prepared to appear similar to the manufactured home; and
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f. No manufactured home shall be occupied until it is connected with the city water and sanitary sewer
systems.
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
“Super Good Cents” energy efficiency standards is deemed to satisfy the exterior thermal
envelope certification requirement. Additional manufacturer’s certification shall not be required;
No additions or outbuildings shall be constructed, added to, or placed upon said lot which do not
conform in all respects to the Uniform Building Code and OAR 814.23.070. No accessory building or
addition shall exceed in height a one-story building, which for the purposes of this section is established
at thirteen feet, or the roofline of the manufactured home, whichever is greater, excepting that this height
shall exclude any antenna or cooler.
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, and complying with the minimum set-up standards of the adopted Oregon
Administrative Rules for Manufactured Dwellings, Chapter 918. Where the building site bas a
sloped grade, no more than 16 inches of the enclosing material shall be exposed on the uphill
side of the home; Application shall be made to the public works department City for approval of
the placement of the manufactured home. (Ord. 94-01, 1994).
7. Foundation Skirt. Manufactured homes shall meet the architectural detail design standards of
§17.16.100.
8. Prohibited. The manufactured home shall not be located in a designated historic district.
D. Manufactured Home Park.
Manufactured home parks 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 which are necessary for the operation and maintenance of
the manufactured home park (e.g., landscape maintenance). Home occupations shall comply with
§17.64.050.
2. Space. Not less than fifty percent of the mobile home sites within a park shall be at least forty-
five feet in average width and at least seventy feet in average length. No mobile home site shall
be less than thirty-five feet in average width and sixty feet in average length. (Ord. 384.
§4.050(3), 1972)
3. Setbacks and Building Separation.
a. The minimum setback between park structures and abutting properties is 5 feet.
b. The minimum setback between park structures and public street right-of-way is 15 feet.
c. At least a 10-foot separation shall be provided between all dwellings.
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d. Dwellings shall be placed a minimum of 14 feet apart where flammable or combustible fuel
is stored between units.
e. Park structures shall be placed no closer than 5 feet to a park street or sidewalk/pathway.
f. 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 homes 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 15-
foot wide landscape buffer between the right-of-way and a manufactured home park for the
privacy and security of residents or aesthetics of the streetscape. If a landscape buffer is
necessary, the 15-foot wide landscape buffer may be a swale or rain garden and will
preferably include native vegetation, as long as the swale or rain garden serves a similar or
sufficient purpose as a fence or hedge.
5. House Design (parks smaller than 3 acres). Manufactured homes in parks smaller than 3 acres
shall meet the following design standards, consistent with ORS 197.314(6).
a. 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);
b. 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);
c. Exception: Subsections a-b, above, do not apply to manufactured homes which existed within
the City prior to the effective date of this ordinance.
E. Accessory Uses and Structures.
Accessory uses and structures are of a nature customarily incidental and subordinate to the principal use
or structure on the same lot. Typical accessory structures in the Single-family Residential District
include detached garages, sheds, workshops, greenhouses and similar structures. (For standards
applicable to Accessory Dwellings, please refer to §17.16.110) Accessory uses may include stormwater
facilities (e.g. permeable pavements, rain gardens, rain barrels, vegetated swales, composting, and filter
strips). All accessory structures shall comply with all of the following standards.
1. Primary use required. An accessory structure shall not be allowed without another permitted
use (e.g., as listed in Table 17.14.020 and in §17.16.020).
2. Restrictions. A structure shall not be placed over an easement that prohibits such placement. No
structure shall encroach into the public right-of-way.
3. Compliance with land division standards. The owner may be required to remove an accessory
structure as a condition of land division approval when removal of the structure is necessary to
comply with setback standards.
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1. Buffering. A side or rear fence shall be required to screen the accessory structure from dwellings
on adjacent lots, unless a similar screen is provided or the distance to adjacent dwelling(s) is
greater than 50 feet.
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Chapter 17.20 – Medium Density Residential (R-2) District
Sections:
17.20.010 Purpose
17.20.020 Allowed Land Uses
17.20.030 Building Setbacks
17.20.040 Lot Area and Dimensions
17.20.050 Flag Lots and Lots Accessed by Mid-Block Lanes
17.20.060 Residential Density
17.20.070 Maximum Lot Coverage
17.20.080 Building Height
17.20.090 Building Orientation
17.20.100 Architecture Standards
17.20.110 Special Standards for Certain Uses
A. Manufactured homes on individual lots.
Manufactured homes are permitted on individual lots, subject to all of the following design standards,
consistent with ORS 197.307(5). Exception: The following standards do not apply to units which existed
within the City prior to the effective date of this ordinance. A manufactured home is permitted on an
individual lot in all low and medium density residential zones, subject to the following.
1. Floor Plan. The manufactured home shall be multi-sectional and have an enclosed floor area of
not less than 1,000 sq. ft. A manufactured home is a transportable, single-family dwelling
conforming to the construction standards set forth in the National Home Construction and
Safety Act of 1974 and intended for permanent occupancy which arrives at a site complete and
ready for occupancy so that it may be used with or without a permanent foundation.
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). No more than one manufactured home shall
be placed upon an individual lot, with the exception of a mobile home park permit, nor
shall the lot be less than the minimum lot size for the zoning district.
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).No manufactured home shall be placed upon
a lot unless the owner of the manufactured home is also the owner of the lot. The term "owner
of the lot" shall include the person in whom the title is vested or the person who is a contract
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purchaser whose land sale contract or memorandum thereof is recorded.
4. 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
“Super Good Cents” energy efficiency standards is deemed to satisfy the exterior thermal
envelope certification requirement. Additional manufacturer’s certification shall not be required.
Manufactured homes are subject to the following standards and criteria.
a. The manufactured home must be multi-sectional, no less than twenty feet in width,
enclose a minimum of one thousand square feet, excluding garages; and
b. Must be located not more than eighteen inches above grade on an excavated and back-filled
foundation which is enclosed at the perimeter with either concrete or concrete block
foundation skirting; and
c. Have a minimum roof slope of a nominal 3:12 pitch, with either a composition, tile or metal
roof, excluding 2.5 corrugated metal roofing as per ordinance; and
d. Have exterior siding consisting of painted or stained wood, aluminum or fiberglass, with
lapped siding, board and batt, board on board, or stucco motif; and
e. No manufactured home shall be placed on a lot unless provision for off-street parking is
provided for in accordance with the requirements of the zoning ordinance. The garage or
carport shall be constructed of like materials and be prepared to appear similar to the
manufactured home; and
f. No manufactured home shall be occupied until it is connected with the city water and
sanitary sewer systems.
5. 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, and complying with the minimum set-up standards of the adopted state
Administrative Rules for Manufactured Dwellings, 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. No additions or outbuildings shall be constructed, added to, or placed upon
said lot which do not conform in all respects to the Uniform Building Code and OAR
814.23.070. No accessory building or addition shall exceed in height a one-story building,
which for the purposes of this section is established at thirteen feet, or the roofline of the
manufactured home, whichever is greater, excepting that this height shall exclude any antenna
or cooler.
6. Application shall be made to the public works department for approval of the placement of the
manufactured home. (Ord. 94-01, 1994).
7. Foundation Skirt. Manufactured homes shall meet the architectural detail design standards of
§17.20.100.
8. Prohibited. The manufactured home shall not be located in a designated historic district.
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B. Duplexes.
The following provisions are intended to promote compatibility between duplex dwellings and single-
family dwellings in the R-2 zone. Where a duplex is proposed on an interior (non-corner) lot sharing a
property boundary with a single-family dwelling lot, the duplex shall meet all of the following
standards.
1. The duplex shall not exceed the height of the subject single-family dwelling by more than 20
percent for that portion of the duplex placed within 20 feet of the single-family dwelling.
2. The duplex shall have no blank wall oriented to a street. This standard is met if any elevation
facing a street is composed of not less than 30 percent windows and door surface area.
3. The roof form on the duplex (e.g., gable, flat, or hipped) shall be similar to the roof form of
adjacent single-family dwellings on the same block face.
Chapter 17.24 – High Density Residential (R-3) District
Sections:
17.24.010 Purpose
17.24.020 Allowed Land Uses
17.24.030 Building Setbacks
17.24.040 Lot Area and Dimensions
17.24.050 Flag Lots and Lots Accessed by Mid-Block Lanes
17.24.060 Residential Density
17.24.070 Maximum Lot Coverage
17.24.080 Building Height
17.24.090 Building Orientation
17.24.100 Architecture Standards
17.24.110 Special Standards for Certain Uses
17.24.010 Purpose
The High Density Residential District is intended to promote the livability, stability and improvement of
the City's neighborhoods at a higher density than that permitted in the R-2 District. This chapter
provides standards for the orderly expansion and improvement of neighborhoods based on the following
principles.
A. Make efficient use of land and public services, and implement the Comprehensive Plan, by
providing minimum and maximum density standards for housing.
B. Accommodate a range of housing needs, including owner-occupied and rental housing.
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C. Provide for compatible building and site design at an appropriate neighborhood scale.
D. Reduce reliance on the automobile for neighborhood travel and provide options for walking, and
bicycling.
E. Provide direct and convenient access to schools, parks and neighborhood services.
F. Encourage and allow development with minimal impact on the natural environment to ensure livable
neighborhoods.
17.24.020 Allowed Land Uses
A. Permitted Uses.
1. Residential Uses
a. Triplex Dwelling
b. Residential Care Facility
2. Public and Institutional Uses
a. Non-Profit Member Organization Offices
b. Private Utilities
c. Utility Structures and Facilities, City Planned Projects; i.e., utilities identified by an
adopted City master plan or development review approval
B. Conditional Uses.
1. Public and Institutional Uses
a. Community Service; includes Governmental Offices
b. Emergency Services; includes Police, Fire, Ambulance
c. Public Parks and Open Space, including Playgrounds, Trails, Nature Preserves, Athletic
Fields, Courts, Swim Pools, and similar uses
d. Public Works Utilities Storage Yards; includes Vehicle and Equipment Storage,
Maintenance, and Repair
e. Religious Institutions and Houses of Worship
f. School, Preschool-Kindergarten
g. School, Secondary
h. Utility Structures and Facilities, Regional Projects; project is not part of an adopted City
master plan or development review approval
2. Industrial and Mixed Employment Uses
a. Solar Array
C. Permitted with Special Standards.
1. Residential Uses
a. Multi-unit Development
b. Micro-Generation; wind, solar, or geothermal energy
D. Accessory Uses.
1. Residential Uses
a. Accessory structures such as garages, sheds, greenhouses, workshops, and detached decks
b. Family Daycare
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c. Household Solar Panels
d. Stormwater facilities (e.g. permeable pavements, rain gardens, rain barrels, vegetated swales,
composting, and filter strips)
2. Public and Institutional Uses
a. School, Preschool-Kindergarten (Public or Private)
b. School, Secondary (Public or Private)
c. Telecommunications Equipment
3. Commercial Uses
a. Commercial Retail Sales and Services
b. Offices
c. Food Services, excluding automobile Oriented Uses
E. Determination of Similar Land Use. Similar use determinations shall be made in conformance
with the procedures in Chapter 17.100.
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17.24.030 Building Setbacks
Building setbacks provide space for private yards, and building separation for fire protection/security,
building maintenance, sun light and air circulation. This section is also intended to promote human-scale
design and traffic calming by downplaying the visual presence of garages along the street and
encouraging the use of extra-wide sidewalks and pocket parks in front of markets and other non-
residential uses. The standards encourage placement of residences close to the street, and, at times, close
to each other for public safety, and neighborhood security., preservation of native vegetation and natural
hydrology and minimizing total impervious surface area.
Figure 17.24.030 – Definitions of Setbacks
Building setbacks are measured from the wall to the respective property line. Setbacks for decks and
porches are measured from the edge of the deck or porch to the property line. The setback standards, as
listed on the following page and illustrated above, apply to primary structures as well as accessory
structures. A Variance is required in accordance with Chapter 17.76 to modify any setback standard.
Setback modification to reduce total impervious surface area on a lot will be given speedier
consideration at the discretion of the council or their designated representative. Examples of setback
modifications to reduce total impervious surface area include but are not limited to: reducing side yard
setback for clustered development, reducing any setback to reduce walkway or driveway pavement, or
reducing any setback to allow for a shared driveway.
Front Yard Setbacks.
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1. Residential Uses (single family, duplex and triplex and multi-family housing types)
a. A minimum setback of 20 feet is required, except that an unenclosed porch may be within 15
feet, as long as it does not encroach into a public utility easement. See also, §17.44.010,
which provides exceptions for established residential areas.
b. Garages and carports shall be accessed from alleys or otherwise recessed behind the front
building elevation by a minimum of 5 feet. Alternatively, garage and carport entrances may
be built flush with the front building elevation when the building is set back by at least 20
feet. Multi-family housing shall also comply with the building orientation standards in
§17.24.090.
2. Public and Institutional Uses
a. A minimum front setback is not required, except as necessary to comply with the vision
clearance standards in §17.56.060.
b. A maximum setback of 10 feet is required. This standard is met when a minimum of 50
percent of the front building elevation is placed 10 feet or closer to the front property line. On
parcels with more than one building, this standard applies to the largest building. This
standard shall not be required for buildings that do not receive the public (e.g., buildings used
solely for storage or housing mechanical equipment, and similar uses).
B. Rear Yard Setbacks.
1. The minimum rear yard setback shall be 10 feet for street-access lots, and 20 feet for alley-access
lots (all structures).
C. Side Yard Setbacks.
1. The minimum side yard setback shall be 5 feet on interior side yards, and 10 feet on street comer
yards; or when zero-lot line development is permitted, the minimum side yard setbacks shall be
10 feet minimum on one side of the dwelling unit, and no setback required on the opposite side.
(See standards for zero-lot line housing in §17.24.110.)
D. Setback Exceptions.
1. The following architectural features are allowed to encroach into the setback yards.
a. Eaves, chimneys, bay windows, overhangs, and similar architectural features or accessory
features such as rain barrels and compost bins may encroach into setbacks by no more than 3
feet.
b. Decks and similar roofless structures not more than 36 inches high may encroach into
setbacks by no more than 6 feet, subject to the front yard setback provisions in "A".
c. Walls and fences may be placed on property lines, subject to the standards in Chapter 17.48.
Walls and fences within front yards shall additionally comply with the vision clearance
standards in §17.56.060.
E. Special Yards – Distance Between Buildings on the Same Lot
To provide usable yard area and allow air circulation and light, the minimum distance between
buildings on the same lot shall be as follows:
1. Ten feet between dwelling units;
2. Three feet between a dwelling unit and an accessory building. A lesser distance is permitted,
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however, the buildings will be considered attached and subject to all dwelling unit setbacks, and
the regulations of the Building Code as adopted by Jackson County;
3. Three feet between accessory buildings. A lesser distance is permitted, however, the buildings will
be considered attached and subject to all regulations as they may pertain to accessory buildings
based on this combined area, and the regulations of the Building Code as adopted by Jackson
County.
Table 17.24.030 – Setback Requirements for the R-3 Zone
Yard Location
Front Yard
Rear Yard
Side Yard
Minimum Distance
20 Ft.
10 Ft.
5 Ft.
Setback Distance
Exceptions
Public and Institutional
uses have a 10 Ft. front
yard setback maximum.
Established residential
areas may utilize the
average of neighboring
setbacks through
§17.44.010.
Alley-access lots must
utilize a 20 Ft. rear
yard setback
Lots abutting two
streets or public right
of ways must utilize a
10 ft. side yard setback
Allowed Architectural
Encroachment
Eaves, chimneys, bay windows, overhangs, and similar architectural
features may encroach into setbacks by no more than 3 feet.
Decks and similar roofless structures not more than 36 inches high may
encroach into setbacks by no more than 6 feet, subject to the front yard
setback.
Walls and fences may be placed on property lines, subject to the standards
in Chapter 17.48.
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17.24.060 Residential Density
The following density standards apply to all new development. The standards are intended to ensure
efficient use of buildable lands and provide for a range of needed housing, in conformance with the
Comprehensive Plan.
A. New land divisions and site developments shall provide for housing at densities between six (6) units
per net acre minimum and 32 units per net acre maximum.
B. The density standards may be averaged over more than one development phase (i.e., as in a master
planned development). Duplex and tTriplex lots used to comply with the density standard shall be
so designated on the final subdivision plat.
C. The following types of housing are exempt from the density standards.
1. Residential care homes/facilities
2. Partitions of two lots, and
3. Bed and breakfast inns.
D. A single-family dwelling may be placed on a parcel abutting the Rogue River that was legally
created prior to November 1, 2004.
17.24.070
Maximum Lot Coverage
A. Maximum Lot Coverage. The following maximum lot coverage standards shall apply.
Use
Maximum Lot Coverage
Single-Family Detached Houses
5040%
Duplexes and Triplexes
5040%
Single-Family Attached Townhomes
6050%
Multi-Family Housing
6050%
Public and Institutional Uses
10090%
B. Lot Coverage Defined. "Lot Coverage" means all areas of a lot or parcel covered by buildings (as
defined by foundation perimeters) and other structures with surfaces greater than 36 inches above the
finished grade.
C. Compliance With Other Sections Prioritized. Compliance with other sections of this code may
preclude development of the maximum lot coverage for some land uses.
Lot Coverage Bonus. Lot coverage bonuses are percentage increases in the overall lot coverage
allowance. A maximum 10 percent lot coverage bonus is permitted for those listed in Section
17.16.160(A)(a-d). In order to achieve a lot coverage greater than those listed in Section
17.16.160(A)(a-d), a development can receive an additional one percent lot coverage bonus for
each one percent of land covered by a rain garden, swale, curb- contained bioretention, or other
low impact development strategy as approved by the planning commission the council or their
designated representative. With regards to lots under Section 17.16.160(A)(e), an additional 5% is
allowed (for total maximum lot coverage of 95%) as long as appropriate facilities are developed to
mitigate storm-water runoff from ‘critical’ (i.e. high runoff/collection) sources on-site, in the form
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of: rain gardens, bio-swales, curb-side filtration and bioretention systems. Appropriation and level
of said facilities is to be determined by the council or their designated representative.
17.24.080 Building Height
The following building height standards are intended to promote land use compatibility and support the
principle of neighborhood-scale design.
Figure 17.24.080 – Measuring Building Height
A. Building Height Standard.
Buildings within the Residential District shall be no more than 35 feet or 3 stories in height, whichever
is greater and buildings within the Multi-family Sub-district may be up to 35 feet or 3 stories.
B. Method of Measurement.
"Building height" is measured as the vertical distance above a reference datum measured to the highest
point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the
highest gable of a pitched or hipped roof (see above examples). The reference datum shall be selected by
either of the following, whichever yields a greater height of building:
1. The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal
distance of an exterior wall of the building when such sidewalk or ground surface is not more
than 10 feet above the lowest grade;
2. An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described
in subsection 'A' is more than 10 feet above the lowest grade. The height of a stepped or terraced
building is the maximum height of any segment of the building. Not included in the maximum
height are: chimneys, bell towers, steeples, roof equipment, flag poles, and similar features
which are not for human occupancy.
17.24.100 Architecture Standards
A. Purpose.
The architectural standards are intended to provide detailed, human-scale design, while affording
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flexibility to use a variety of building styles.
B. Applicability.
This section applies to all of the following types of buildings, and shall be applied during Site Design Review.
1. Single-family attached townhomes which are subject to Site Design Review (3 or more attached
units);
2. Multi-family housing;
3. Public and institutional buildings;
4. Duplexes and Triplexes; and
5. Conditional Uses
C. Standards. All buildings which are subject to this Section shall comply with all of the following
standards. The graphics provided with each standard are intended to show examples of how to
comply. Other building styles and designs can be used to comply, so long as they are consistent with
the text of this section. An architectural feature (i.e., as shown in the graphics) may be used to
comply with more than one standard.
Figure 17.24.100(A) - Building Form (Multi-family Housing Example)
1. Building Form.
The continuous horizontal distance (i.e., as measured from end-wall to end-wall) of individual
buildings shall not exceed 80 feet. All buildings shall incorporate design features such as offsets,
balconies, projections, window reveals, or similar elements to preclude large expanses of
uninterrupted building surfaces, as shown in the above Figure. Along the vertical face of a structure,
such features shall occur at a minimum of every 40 feet, and on each floor shall contain at least two
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of the following features.
a. Recess (e.g., deck, patio, courtyard, entrance or similar feature) that has a minimum depth of
4 feet;
b. Extension (e.g., floor area, deck, patio, entrance, or similar feature) that projects a minimum
of 2 feet and runs horizontally for a minimum length of 4 feet; and/or
c. Offsets or breaks in roof elevation of 2 feet or greater in height.
2. Eyes on the Street.
All building elevations visible from a street right of way shall provide doors, windows, and porches.
A minimum of 60 percent of front (i.e., street-facing) elevations, and a minimum of 30 percent of
side and rear building elevations, as applicable, shall meet this standard. "Percent of elevation" is
measured as the horizontal plane (linear feet) containing doors, windows, porches, and terraces. The
standard applies to each full and partial building story.
Figure 17.24.100(B) – Examples of Architectural Details
3. Detailed Design.
All buildings shall provide detailed design along all elevations (i.e., front, rear and sides). Detailed
design shall be provided by using at least six (6) of the following architectural features on all
elevations, as appropriate for the proposed building type and style (may vary features on
rear/side/front elevations).
a. Dormers
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b. Gables
c. Recessed entries
d. Covered porch entries
e. Cupolas or towers
f. Pillars or posts
g. Off-sets in building face or roof (minimum 16 inches)
h. Bay windows
i. Balconies
j. Decorative patterns on exterior finish (e.g., scales/shingles, wainscoting, ornamentation, and
similar features)
k. Decorative cornices and rooflines (e.g., for flat roofs)
l. An alternative feature providing visual relief, similar to options above.
17.24.110 Special Standards for Certain Uses
This section supplements the standards contained §17.24.010 through 17.24.100. It provides standards
for the following land uses in order to control the scale and compatibility of those uses within the
Residential District:
A. "Zero-lot line" (single-family courtyard home).
Zero-lot line" houses are subject to the same standards as single-family housing, except that a side yard
setback is not required on one side of a typical lot (as shown below). This type of housing is permitted to
allow development on smaller (i.e., narrower) lots and still provide usable outdoor living area in side-
oriented courtyards. The following standards are intended to promote compatibility and privacy between
adjacent buildings and allow for building maintenance.
1. Setbacks Adjacent to Non-Zero Lot Line Development. When a zero-lot line house shares a
side property line with a non-zero lot line development, the zero-lot line building shall be setback
from the common property line by a minimum of 5 feet;
2. Construction and Maintenance Easement. Prior to building permit approval, the applicant
shall submit a copy of a recorded easement for every zero-lot line house that guarantees rights
for the purpose of construction and maintenance of structures and yards. The easement shall
stipulate that no fence or other obstruction shall be placed in a manner that would prevent
maintenance of structures on the subject lot; and,
3. Buffering. The building placement, landscaping, and/or design of windows shall provide a
buffer for the occupants of abutting lots. For example, this standard is met by placing ground-
floor windows (along the zero setback) above sight lines with direct views into adjacent yards, or
by directing views away from yards (e.g., bay window), or by using frosted/non-see-through
windows, as necessary. When a landscaping buffer is used, acceptable buffers include swales
and rain gardens and will preferably include native vegetation.
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B. Accessory dwelling (attached, separate cottage, or above detached garage).
An accessory dwelling is a small, secondary housing unit on a single-family lot, usually the size of a
studio apartment. The additional unit can be a detached cottage, a unit attached to a garage, or in a
portion of an existing house. The housing density standard of the Residential District does not apply to
accessory dwellings, due to the small size and low occupancy level of the use. The following standards
are intended to control the size and number of accessory dwellings on individual lots, so as to promote
compatibility with adjacent land uses. Accessory dwellings shall comply with the following standards.
1. Oregon Structural Specialty Code. The structure complies with the Oregon Structural
Specialty Code.
2. Owner-Occupied. The primary residence or accessory dwelling shall be owner occupied.
Alternatively, the owner may appoint a family member as a resident caretaker of the principal
house and manager of the accessory dwelling.
3. One Unit. A maximum of one accessory dwelling unit is allowed per lot.
4. Floor Area. The maximum floor area of the accessory dwelling shall not exceed 600 square feet;
5. Building Height. The building height of detached accessory dwellings (i.e., separate cottages)
shall not exceed 25 feet, as measured in accordance with §17.24.080.
6. Buffering. A hedge or fence may be required to buffer a detached accessory dwelling from
dwellings on adjacent lots, when buffering is necessary for the privacy and enjoyment of yard
areas by either the occupants or adjacent residents. If a buffer is necessary, a rain garden can
serve as the buffer as long as it serves a similar or sufficient purpose as a hedge or fence, and
will preferably include native vegetation.
C. Manufactured homes on individual lots.
Manufactured homes are permitted on individual lots, subject to all of the following design standards,
consistent with ORS 197.307(5). Exception: The following standards do not apply to units which existed
within the City prior to the effective date of this ordinance.
1. Floor Plan. The manufactured home shall be multi-sectional and have an enclosed floor area of
not less than 1,000 sq. ft.
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).
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4. 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
"Super Good Cents" energy efficiency standards is deemed to satisfy the exterior thermal
envelope certification requirement. Additional manufacturer's certification shall not be required.
5. 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, and complying with the minimum set-up standards of the adopted Oregon
Administrative Rules for Manufactured Dwellings, 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.
6. Foundation Skirt. Manufactured homes shall meet the architectural detail design standards of
§17.24.100.
7. Prohibited. The manufactured home shall not be located in a designated historic district.
DC.Manufactured Home Park.
Manufactured home parks are permitted on parcels of one (1) acre or larger, subject to compliance with
subsections 1-5, below.
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8. Permitted uses. Single family residences, manufactured home park manager's office, home
occupations, and accessory structures which are necessary for the operation and maintenance of
the manufactured home park (e.g., landscape maintenance). Home occupations shall comply with
§17.64.060.
9. Space. Not less than fifty percent of the mobile home sites within a park shall be at least forty-
five feet in average width and at least seventy feet in average length. No mobile home site shall
be less than thirty-five feet in average width and sixty feet in average length. (Ord. 384.
§4.050(3), 1972).
10. Setbacks and Building Separation.
a. The minimum setback between park structures and abutting properties is 5 feet.
b. The minimum setback between park structures and public street right-of-way is 15 feet.
c. At least a 10-foot separation shall be provided between all dwellings.
d. Dwellings shall be placed a minimum of 14 feet apart where flammable or combustible fuel
is stored between units.
e. Park structures shall be placed no closer than 5 feet to a park street or sidewalk/pathway.
f. 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.
11. Perimeter landscaping. When manufactured homes 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 15-
foot wide landscape buffer between the right-of-way and a manufactured home park for the
privacy and security of residents or aesthetics of the streetscape. If a landscape buffer is
necessary, the 15-foot wide landscape buffer may be a swale or rain garden and will
preferably include native vegetation, as long as the swale or rain garden serves a similar or
sufficient purpose as a fence or hedge.
12. House design (parks smaller than 3 acres). Manufactured homes in parks smaller than 3 acres
shall meet the following design standards, consistent with ORS 197.314(6):
a. 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);
b. 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);
c. Exception: Subsections a-b, above, do not apply to manufactured homes which existed within
the City prior to the effective date of this ordinance.
ED. Single-family Attached (townhomes) and Duplexes.
Single-family attached housing (townhome units on individual lots), and duplex developments shall
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comply with the standards in 1-4, below. The standards 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.
13. Building Mass Supplemental Standard. Within the R-3 district, the number and width of
consecutively attached townhome units shall not exceed 8 units, or 160 feet, whichever is less.
14. Alley Access. Townhome, duplex and triplex subdivisions (4 or more lots) shall receive vehicle
access only from a rear alley. Alley(s) shall be created at the time of subdivision approval, in
accordance with Chapter 16 - Subdivisions. Alleys are not required when existing development
patterns or topography makes construction of an alley impracticable (See #3 for standards). As
necessary, the City shall require dedication of right-of-way or easements and construction of
pathways between townhome lots (e.g., between building breaks).
15. Street Access Developments. Townhomes, duplexes and triplexes receiving access directly
from a public or private street shall comply with all of the following standards, in order to
minimize interruption of adjacent sidewalks by driveway entrances, slow traffic, improve
appearance of the streets, and minimize paved surfaces for better storm water management.
a. When garages face the street, they shall be recessed behind the front elevation (i.e., living
area or covered front porch) by a minimum of 4 feet.
b. The maximum allowable driveway width facing the street is 24 feet per dwelling unit. The
maximum combined garage width per unit is 50 percent of the total building width. For
example, a 24-foot wide unit may have one 12-foot wide recessed garage facing the street.
c. Two adjacent garages shall share one driveway when individual driveways would otherwise
be separated by less than 20 feet (i.e., the width of one on-street parking space). When a
driveway serves more than one lot, the developer shall record an access and maintenance
easement/agreement to benefit each lot, prior to building permit issuance.
16. Common Areas. "Common areas" ( e.g., landscaping in private tracts, shared driveways, private
alleys, and similar uses) shall be maintained by a homeowners association or other legal entity.
Such landscaping will preferably include native vegetation and may include retention ponds, swales,
rain gardens, curb-contained bioretention and other LID features as approved by the council
or their designated representative. A homeowner’s association may also be responsible for
exterior building maintenance. A copy of any applicable covenants, restrictions and conditions
shall be recorded and provided to the city prior to building permit approval.
FE. Multi-unit Development.
Multi-unit Development is allowed only within the R-3 District. Multi-unit Development means
development that provides more than 3 dwellings on an individual lot (e.g., multi-plexes, apartments,
condominiums, etc.). New multi-family developments shall comply with all of the following standards:
17. Building Mass Supplemental Standard. Within the Residential Districts, the maximum width
or length of a multiple family building shall not exceed 160 feet (from end-wall to end-wall).
18. Common open space standard. Inclusive of required setback yards, a minimum of 20 percent
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of the site area shall be designated and permanently reserved as usable common open space in all
multiple family developments. The site area is defined as the lot or parcel on which the
development is planned, after subtracting any required dedication of street right-of-way and
other land for public purposes (e.g., public park or school grounds, etc.); and
a. The usable common open space requirement may be reduced to 25 percent on the condition
that the site feature surface water runoff mitigation facilities at ‘critical’ (i.e. high
runoff/collection) areas to address storm-water concerns on site. The features may include,
but are not limited to: rain gardens, bio-swales, water retention facilities and filtration strips.
Appropriation of said features is to be determined by the council or their designated
representative.
19. Private open space standard. Private open space areas shall be required for ground-floor and
upper-floor housing units based on all of the following standards:
a. All ground-floor housing units shall have front or rear patios or decks measuring at least 48
square feet. Ground-floor housing means the housing unit entrance (front or rear) is within 5
feet of the finished ground elevation (i.e., after grading and landscaping);
b. A minimum of 50% of upper-floor housing units shall have balconies or porches measuring
at least 24 square feet. Upper-floor housing means housing units which are more than 5 feet
above the finished grade;
c. Private open space areas shall be oriented toward common open space areas and away from
adjacent single-family residences, trash receptacles, parking and drives to the greatest extent
practicable;
20. Trash receptacles. Trash receptacles shall be oriented away from adjacent residences and shall
be screened with an evergreen hedge or solid fence or wall of not less than 6 feet in height.
GF. Residential care homes and facilities.
Residential care homes are residential treatment or training homes or adult foster homes licensed by the
State of Oregon. They may provide residential care alone, or in conjunction with treatment and/or
training, for 5 or fewer individuals ("homes) or 6 to 15 individuals ("facilities") who need not be related.
Staff persons required to meet State licensing requirements shall not be counted in the number of facility
residents and need not be related to each other or the residents. Residential care homes and facilities
shall comply with the following standards, consistent with ORS 197.660-670:
21. Licensing. All residential care homes shall be duly licensed by the State of Oregon.
22. Parking. A minimum of one parking space shall be provided for each employee and typical
number of visitors, in accordance with Chapter 17.60 Parking requirements.
23. Development Review. Development review shall be required for new structures to be used as
residential care homes or facilities, and for conversion of an existing residence to be used as a
residential care home, to ensure compliance with the licensing, parking, and other requirements
of this Code.
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HG. Public and Institutional Land Uses.
Public and institutional uses (as listed in Table 17.14020 (B) and in §17.24.020) are allowed in the
Residential District subject to the following land use standards, which are intended to control the scale
of these developments and their compatibility with nearby residences:
24. Building Mass. The maximum width or length of a multiple family building shall not exceed
160 feet (from end-wall to end-wall), except that this standard may be increased through the
approval of a Conditional Use Permit, or as part of a Master Planned Development.
25. Telecommunications Equipment. Telecommunications equipment (e.g., cell towers and
antennae) shall comply with the standards of Chapter 17.72.
26. Vehicle Areas and Trash Receptacles. All vehicle areas (i.e., parking, drives, storage, etc.) and
trash receptacles shall be oriented away from adjacent residences to the greatest extent
practicable, and shall be screened with an evergreen hedge of native vegetation or solid fence or
wall of not less than 6 feet in height.
IH. Accessory Uses and Structures.
Accessory uses and structures are of a nature customarily incidental and subordinate to the principal use
or structure on the same lot. Typical accessory structures in the Residential District include detached
garages, sheds, workshops, green houses and similar structures. (For standards applicable to Accessory
Dwellings, please refer to §17.24.110.B). Accessory uses may include stormwater facilities (e.g.
permeable pavements, rain gardens, rain barrels, vegetated swales, composting, and filter strips). All
accessory structures shall comply with all of the following standards.
27. Primary use required. An accessory structure shall not be allowed without another permitted
use (e.g., as listed in Table 17.14.020 and §17.24.020).
28. Restrictions. A structure shall not be placed over an easement that prohibits such placement. No
structure shall encroach into the public right-of-way.
29. Compliance with land division standards. The owner may be required to remove an accessory
structure as a condition of land division approval when removal of the structure is necessary to
comply with setback standards.
30. Floor Area. The maximum floor area of the accessory structure shall not exceed 600 square feet;
31. Building Height. The building height of detached accessory structure shall not exceed three-
quarters (¾) the height of the principal structure, as measured in accordance with §17.24.080;
and
32. Buffering. A side or rear fence shall be required to screen the accessory structure from dwellings
on adjacent lots, unless a similar screen is provided or the distance to adjacent dwelling(s) is
greater than 50 feet.
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Chapter 17.32 – General Commercial (GC) District
Sections:
17.32.010 Purpose
17.32.020 Allowed Land Uses
17.32.030 Building Height
17.32.040 Area, Width, and Yards
17.32.050 Performance Standards
17.32.060 Signs and Lighting
17.32.070 Residential Facility or Residential Home Application
17.32.010 Purpose
This district is designed to include a full range of retail sales and service establishments, generally
located within an urban center or subcenter. (Ord. 384 §3. 060 (1), 1972).
17.32.020 Allowed Land Uses
A. Permitted Uses.
1. Residential Uses
a. Accessory Uses and Structures
b. Family Daycare
c. Residential Care Home
d. Residential Care Facility
e. Stormwater facilities (e.g. permeable pavements, rain gardens, rain barrels, vegetated swales,
composting, and filter strips).
2. Public and Institutional Uses
a. Club Lodge, Fraternal Organization
b. Community Service; includes Governmental Offices
c. Community Garden
d. Clinic, Outpatient Only
e. Libraries and Museums
f. Mortuary
g. Non-Profit Member Organization Offices
h. Private Utilities
i. Public Works Utilities Storage Yards; includes Vehicle and Equipment Storage,
Maintenance, and Repair
j. Religious Institutions and Houses of Worship
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k. School, Preschool-Kindergarten
l. School, Secondary
m. Utility Structures and Facilities, City Planned Projects; i.e., utilities identified by an adopted
City master plan or development review approval
3. Commercial Uses
a. Amusement, Entertainment, and Commercial Recreation; includes theaters, bowling alleys,
miniature golf, concert venues, arcades, similar uses
b. Artisanal and Light Manufacture Uses in Commercial zones – includes craftsman studios;
and uses providing instruction and/or retail sales related to painting, sculpting, photography,
picture framing, knitting, sewing, literature, theater, music, specialty foods or catering, or
similar uses
c. Automotive Sales and Rental; includes motorcycles, boats, recreational vehicles, and trucks
d. Commercial Retail Sales and Services
e. Customer Call Center
f. Food Services, excluding automobile-oriented uses
g. Hotels, Motels, and Similar Overnight Accommodations
h. Kennel
i. Medical and Dental offices
j. Offices
k. Veterinary Clinic
4. Industrial and Mixed Employment Uses
a. Finished Textile and Leather Products Manufacture
b. Newspaper, Periodical, Publishing and Printing; except Artisanal and Light Manufacture
Uses
c. Special Trade Contracting Facilities, such as Floor Laying, Masonry, Stone, Plumbing,
Electrical, Metal Work, Roofing, Heating and Air Conditioning, Cabinet making, and
Carpentry
B. Conditional Uses.
1. Public and Institutional Uses
a. Automobile Parking, Public Off-street Parking
b. Emergency Services; includes Police, Fire, Ambulance Community Service; includes
Governmental Offices
c. Hospital, including Acute Care Center
d. Public Parks and Open Space, including Playgrounds, Trails, Nature Preserves, Athletic
Fields, Courts, Swim Pools, and similar uses
e. Parks and Open Space, including Playgrounds, Trails, Nature Preserves, Athletic Fields,
Courts, Swim Pools, and similar uses
f. Railroad Facilities
g. Utility Structures and Facilities, Regional Projects; project is not part of an adopted City
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master plan or development review approval
h. Telecommunications Equipment
2. Commercial Uses
a. Automobile Parking, Commercial Parking
b. Automotive Repair and Service, includes fueling station, car wash, tire sales and repair or
replacement, painting, and other repair for automobiles, motorcycles, aircraft, boats, RVs,
trucks, etc.
c. Drive-Through Service
d. Golf Course
e. Mortuary
f. Recreational Vehicle Park
3. Industrial and Mixed Employment Uses
a. Food Processing, including Canning, Freezing, Drying and Similar Food Processing and
Preserving
b. Freight Terminals, including Loading Docks, Storage, Warehousing, Wholesale Distribution,
Cold Storage; except Self-service Storage or Mini-storage Warehouses
c. Solar Array
C. Permitted with Special Standards.
1. Public and Institutional Uses
a. Family Daycare Center (Care for more than 12 children)
2. Affordable Housing, subject to Section 17.32.080
D. Permitted as an Accessory Use.
1. Residential Uses
a. Household Solar Panels
2. Industrial and Mixed Employment Uses
a. Freight Terminals, including Loading Docks, Storage, Warehousing, Wholesale Distribution,
Cold Storage; except Self-service Storage or Mini-storage Warehouses
17.32.030 Building Height
No building or structure shall exceed fifty feet in height. (Ord. 384 §3. 060 (4), 1972).
17.32.040 Area, Width, and Yards
None are required except as necessary to meet the off-street parking and loading requirements or as a
condition of approval for a conditional use. (Ord. 384 §3.060 (5), 1972).
17.32.050 Performance Standards
A. No use shall be permitted and no process, equipment, or materials shall be used which are found
by the Planning Commission to be harmful to persons living or working in the vicinity by reason
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of odor, fumes., dust, smoke, cinders, dirt, refuse, water carried waste, noise, vibration,
illumination, glare, or to involve any hazard of fire or explosion. All business, services, and
processes shall be conducted entirely within a completely enclosed structure, except for off-
street parking and loading areas, gasoline stations, outdoor dining, entertainment, or recreation
areas, nurseries, garden shops, Christmas tree sales lots, bus stations, automobile sales, trailer
and mobile home sales or rental.
B. Open storage of materials attendant to a permitted use or conditional use shall be permitted only
within an area surrounded or screened by a solid wall of fence six feet in height; provided, that no
materials or equipment shall be stored to a height greater than that of the wall.
C. Where a site adjoins or is located across an alley from an R-1 or R-2 district, a solid wall or fence,
vine covered open fence or compact evergreen hedge six feet in height shall be located on the
property line common to such districts, except in a required front yard. (Ord. 384 §3.060 (6), 1972).
17.32.060
Signs and Lighting
A. No sign or outdoor advertising structure which faces and is located directlv across the street from
property situated in an R-1 or R-2 district shall be directly illuminated or flashing.
B. No red, green, or amber lights or illuminated signs may be placed in such position that they could
reasonably be expected to interfere with or be confused with any official traffic-control device or
traffic signal or official directional guide signs.
C. Out-of-door lighting standards and fixtures for illumination of premises shall be so designed and
installed that direct rays are not toward or parallel with a public street or highway or directed toward
residential uses located in the R-1 and R-2 district. (Ord. 384 §3.060 (7), 1972).
17.32.070
Residential Facility or Residential Home Application
The terms of §17.24.110(G) are applicable to this chapter. (Ord. 89-07 (part), 1989).
17.32.080 Affordable Residential Structures
(1) Notwithstanding an acknowledged comprehensive plan or land use regulations, within an urban growth
boundary a local government shall allow, on lands zoned to allow only commercial uses and not industrial
uses, the siting and development of:
(a) Residential structures subject to an affordable housing covenant as provided in ORS
456.270 to 456.295 making each unit affordable to a household with income less than or equal
to 60 percent of the area median income as defined in ORS 456.270; or
(b) Mixed use structures with ground floor commercial units and residential units subject
to an affordable housing covenant as provided in ORS 456.270 to 456.295 making the proper-
ties affordable to moderate income households, as defined in ORS 456.270.
(2) The local government may only apply those approval standards, conditions and procedures under ORS
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197.307, that would be applicable to the residential zone of the local government that is most comparable in
density to the allowed commercial uses.
(3) Development under this section does not:
(a) Trigger any requirement that a local government consider or update an analysis as required by a
statewide planning goal relating to economic development.
(b) Apply on lands where the local government determines that:
(A) The development on the property cannot be adequately served by water, sewer, storm
water drainage or streets, or will not be adequately served at the time that development on
the lot is complete;
(B) The property contains a slope of 25 percent or greater;
(C) The property is within a 100-year floodplain; or
Enrolled House Bill 3395 (HB 3395-B)(D) The development of the property is constrained by
land use regulations based on
statewide land use planning goals relating to:
(i) Natural disasters and hazards; or
(ii) Natural resources, including air, water, land or natural areas, but not including open
spaces.
(c) Apply on lands that are vacant or that were added to the urban growth boundary
within the last 15 years.
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Chapter 17.36 – Downtown (D) District
Sections:
17.36.010 Purpose
17.36.020 Allowed Land Uses
17.36.030 Building Setbacks
17.36.040 Lot Coverage and Floor Area Ratio
17.36.050 Block Layout and Building Orientation
17.36.060 Building Height
17.36.070 Architectural Guidelines and Standards
17.36.080 Pedestrian and Transit Amenities
17.36.090 Special Standards for Certain Uses
17.36.010 Purpose
A city’s goal is to strengthen the Downtown District as the "heart" of the community and as the logical
place for people to gather and create a business center. The District is intended to support this goal
through elements of design and appropriate mixed-use development. This chapter provides standards for
the orderly improvement of the Downtown District based on the following principles.
A. Efficient use of land and urban services;
B. A mixture of land uses to encourage walking as an alternative to driving, and provide more
employment and housing options;
C. Downtown provides both formal and informal community gathering places;
D. There is a distinct storefront character which identifies Downtown;
E. The Downtown District is connected to neighborhoods and other employment areas;
F. Provide visitor accommodations and tourism amenities;
G. Transit-oriented development reduces reliance on the automobile and reduces parking needs in the
Downtown;
H. Design standards/guidelines maintain and enhance the city's historic architecture. (Ord. 546, passed
7-7-2003)
I. Design standards/guidelines that implement low impact development strategies can minimize the
impact of development on the natural hydrology and enhance the character of the Downtown.
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17.36.020 Allowed Land Uses
A. Permitted Uses.
1. Public and Institutional Uses
a. Club Lodge, Fraternal Organization
b. Community Service; includes Governmental Offices
c. Community Garden
d. Clinic, Outpatient Only
e. Libraries and Museums
f. Mortuary
g. Non-Profit Member Organization Offices
h. Private Utilities
i. Public Works Utilities Storage Yards; includes Vehicle and Equipment Storage,
Maintenance, and Repair
j. Religious Institutions and Houses of Worship
k. Utility Structures and Facilities, City Planned Projects; i.e., utilities identified by an adopted
City master plan or development review approval
2. Commercial Uses
a. Amusement, Entertainment, and Commercial Recreation; includes theaters, bowling alleys,
miniature golf, concert venues, arcades, similar uses
b. Artisanal and Light Manufacture Uses in Commercial zones – includes craftsman studios;
and uses providing instruction and/or retail sales related to painting, sculpting, photography,
picture framing, knitting, sewing, literature, theater, music, specialty foods or catering, or
similar uses
c. Commercial Retail Sales and Services
d. Food Services, excluding automobile-oriented uses
e. Hotels, Motels, and Similar Overnight Accommodations
f. Golf Course
g. Food Services, excluding automobile-oriented uses
h. Hotels, Motels, and Similar Overnight Accommodations
i. Kennel
j. Medical and Dental offices
k. Offices
l. Veterinary Clinic
3. Industrial and Mixed Employment Uses
a. Special Trade Contracting Facilities, such as Floor Laying, Masonry, Stone, Plumbing,
Electrical, Metal Work, Roofing, Heating and Air Conditioning, Cabinet making, and
Carpentry
4. Accessory Uses and Structures
a. Stormwater facilities (e.g. permeable pavements, rain gardens, vegetated swales, and filter
strips)
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17.36.030 Building Setbacks
In the Downtown District, buildings are placed close to the street to create a vibrant pedestrian
environment, to slow traffic down, provide a storefront character to the street, and encourage walking.
The setback standards are flexible to encourage public spaces between sidewalks and building entrances
(e.g., extra-wide sidewalks, plazas, squares, outdoor dining areas, and pocket parks). The standards also
encourage the formation of solid blocks of commercial and mixed-use buildings for a walkable
downtown. Building setbacks are measured from the property line to the respective property line.
Setbacks for porches are measured from the edge of the deck or porch to the property line. The setback
standards, as listed on the following page, apply to primary structures as well as accessory structures.
The standards may be modified only by approval of a variance, in accordance with Chapter 17.76.
A. Front yard setbacks.
1. Minimum setback. There is no minimum front yard setback required.
2. Maximum setback. The maximum allowable front yard setback is 20 feet. This standard is met
when a minimum of 50 % of the front building elevation is placed no more than 20 feet back
from the front property line. On parcels with more than one building, this standard applies to the
largest building. The setback standard may be increased when a usable public space with
pedestrian amenities (e.g., extra wide sidewalk, plaza, pocket park, outdoor dining area or town
square with seating) is provided between the building and front property line. (See also,
Pedestrian Amenities Standards in §17.36.080, and Architectural Standards in §17.36.070 for
related building entrance standards.)
B. Rear yard setbacks.
1. Minimum setback. The minimum rear yard setback for all structures shall be 0 feet for street-
access lots, and 8 feet for alley-access lots (distance from building to rear property line or alley
easement) in order to provide space for parallel parking.
2. Through-lots. For buildings on through-lots (lots with front and rear frontage onto a street), the
front yard setbacks in division (A) shall apply.
C. Side yard setbacks. There is no minimum side yard setback required, except that buildings shall
conform to the vision clearance standards in §17.56.060and the applicable fire and building codes
for attached structures, fire walls, and related requirements.
D. Setback exceptions.
1. Eaves, chimneys, bay windows, overhangs, cornices, awnings, canopies, porches, decks,
pergolas, and similar architectural features may encroach into setbacks by not more than one
third of the distance into a required yard or into a required open space, subject to compliance
with applicable standards of the Uniform Building Code and Uniform Fire Code.
2. Walls and fences may be placed on the property line, subject to the requirements of Chapter
17.56. (Ord. 546, passed 7-7-2003)
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17.36.080 Pedestrian and Transit Amenities
A. Purpose and applicability. This section is intended to complement the building orientation
standards in §17.36.050, and the street standards in Chapter 16.12 by providing comfortable and
inviting pedestrian spaces within the Downtown District. Pedestrian amenities serve as informal
gathering places for socializing, resting, and enjoyment of the city's downtown, and contribute to a
walkable district. This section applies to all of the following types of buildings.
1. Three or more single family attached townhomes on their own lots (i.e., townhomes subject to
site design review);
2. Duplex and triplex developments with more than one building (i.e., duplex and triplex
developments subject to Site Design Review);
3. Multi-family housing;
4. Public and institutional buildings, except that the standard shall not apply to buildings which are
not subject to Site Design Review or those that do not receive the public (e.g., buildings used
solely to house mechanical equipment, and similar uses); and
5. Commercial and mixed-use buildings subject to site design review.
Figure 17.36.080(A) – Typical Pedestrian and Transit Amenities
B. Guidelines and standards. Every development shall provide one or more of the pedestrian
amenities listed in (1) through (5)(7), below, and illustrated above. (Note: the example shown
above is meant to illustrate examples of pedestrian amenities. Other designs may be used.)
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Pedestrian amenities may be provided within a public right-of-way when approved by the
applicable jurisdiction.
1. A plaza, courtyard, square or extra-wide sidewalk next to the building entrance (minimum width
of 10 feet);
2. Sitting space (i.e., dining area, benches or ledges between the building entrance and sidewalk
(minimum of 16 inches in height and 30 inches in width);
3. Building canopy, awning, pergola, or similar weather protection (minimum projection of 4 feet
over a sidewalk or other pedestrian space).
4. Public art which incorporates seating (e.g., fountain. sculpture, etc.).
5. Transit amenity, such as bus shelter or pullout. (Ord. 546, passed 7-7-2003)
6. In-curb planter vaults.
7. Curb-contained bioretention between the street and sidewalk.
17.36.090 Special Standards for Certain Uses
A. Accessory uses and structures.
Accessory uses and structures are of a nature customarily incidental and subordinate to the principal use
or structure on the same lot. Typical accessory structures in the Downtown District include small
workshops, greenhouses, studios, storage sheds, stormwater facilities (e.g. permeable pavements, rain
gardens, rain barrels, vegetated swales, composting, and filter strips) and similar structures. Accessory
uses and structures are allowed for all permitted land uses within the Downtown District, as identified
in Table 17.36.020. Accessory structures shall not exceed 120 square feet in size and shall comply with
the following standards.
1. Primary use required. An accessory structure shall not be allowed before or without a primary
use, as identified in Table 17.36.020.A.
2. Setback standards. Accessory structures shall comply with the setback standards in §17.36.030,
except that the maximum setback provisions shall not apply.
3. Design guidelines. Accessory structures shall comply with the downtown design guidelines, as
provided in §17.36.050.
4. Restrictions. A structure shall not be placed over an easement that prohibits such placement. No
structure shall encroach into the public right-of-way.
5. Compliance with subdivision standards. The owner may be required to remove an accessory
structure as a condition of land division approval when removal of the structure is necessary to
comply with setback standards.
B. Temporary and Seasonal Businesses. Mobile Food Vendors
1. Definitions.
1. Special Event Mobile Food Vendor. Any structure, 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 is located on a single parcel
of privately owned land and is removed at the cessation of a special event.
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b2. Temporary Food Vendor. Any kiosk, shed, shelter structure, 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 is located on a single parcel of privately owned land and
is removed at the end of the business day. or the cessation of a special event.
a3. Mobile Food Vendor. Any site built or prefabricated structure that trailer, vehicle, wagon, or
similar device, which is used for the purpose of preparing, processing or converting food or
beverages for immediate consumption as a drive- in, drive through, curb or walk-up service that
is a maximum of 128 square feet and is located on one site or tax lot for any period of 72 hours
or more. located on a single parcel of privately owned land not associated with a special event and
expected to be semi-permanent. One vendor is permitted per site unless included in an application
for a Mobile Food Pod or Mobile Food Court.
c3. Semi-Permanent Structure. Mobile Food Pod. Any site built or prefabricated structure that is used
for the purpose of preparing, processing or converting food or beverages for immediate consumption
as a drive-in, drive through, curb or walk-up service that is a maximum of 128 square feet and is
located on one site or tax lot for any period of 30 days at a site, built off site, or built on site but
expected to move to other sites. Two to three mobile food vendors located on a single parcel of
privately owned land not associated with a special event and expected to be semi-permanent.
d4. Seasonal Business. Mobile Food Court. Meaning any business or organization that is in business for
a short season (summer, winter) such as rafting companies, fireworks booths, Christmas tree lots. A
group of four to twelve mobile food vendors located on a single parcel of privately owned land not
associated with a special event and expected to be semi-permanent.
2. Temporary/Seasonal units – Criteria.
a. Temporary units shall be permitted only in commercial and public zones.
b. Applicant(s) shall submit a site plan drawn to scale with temporary unit dimensions and set
backs to property lines.
c. The exterior length and width dimensions of the temporary unit, when multiplied, shall
enclose no more than 128 square feet.
d. If the temporary unit is located on, or adjacent to, a public or private walkway, the minimum
remaining unobstructed walkway width shall be 6 feet.
e. A trash receptacle shall be located within 10 feet of the temporary unit.
f. If the temporary unit is located on property not owned by the applicant, property owner
consent shall be provided.
g. A city business license is required. If the use is temporary (single weekend or special event),
a day-permit shall be obtained.
h. Temporary mobile food vendors shall provide evidence of compliance with Health
Department Standards and any and all state or county requirements before a business license
can be issued.
i. All signage must meet the requirements of Chapter 17.41.
j. Hold-downs. All existing units that are not placed on a permanent foundation shall be
equipped with a hold-down device at each corner that secures the unit to the ground. Each
hold-down device shall be approved by the Building Safety Department, and shall be capable
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of resisting at least 300 pound uplift force. Sufficient data shall be provided by the applicant
to prove the adequacy of the hold-down device.
k. Any deviation from the above standards shall require application for a conditional use permit.
l. If a unit does not have its own toilet facilities displayed on the site plan, then a letter of
agreement with the property owner must be filed establishing the use of such facilities for
employees during business hours that are either located in the building or in a building
adjacent thereto on the same property. The agreement must contain terms requiring that the
restrooms be available for use by employees during all hours in which the vendor unit is in
business. The presence of a public restroom within 300 feet of the unit will satisfy this
requirement.
m. Upon cessation of use the property must be restored to its original condition within 72 hours.
3. Mobile food vendor/semi-permanent structure – Criteria.
a. Mobile food vendor shall be permitted only in commercial zones.
b. Applicant(s) shall submit a site plan drawn to scale with the mobile food unit dimensions and
setbacks to property lines.
c. The exterior length and width dimensions of the mobile food unit, when multiplied, shall
enclose no more than 128 square feet.
d. The mobile unit shall be located no closer than 300 feet from another such unit.
e. If the mobile food unit is located on, or adjacent to, a public or private walkway, the
minimum remaining unobstructed walkway width shall be 6 feet.
f. A trash receptacle shall be located within 10 feet of the mobile food unit.
g. If the mobile food unit is located on property not owned by the applicant, property owner
consent shall be provided.
h. Mobile food vendor units shall meet all other development standards for the Commercial
Zone.
i. A city business license is required. If the use is temporary, e.g. a single weekend or special
event, a day-permit shall be obtained.
j. Mobile food vendors shall provide evidence of compliance with Health Department
standards and all state or county requirements before a business license can be issued.
k. Any deviation from the above standards shall require application for a conditional use permit.
l. Paved vehicular access, i.e., asphalt or concrete including driveway location. Paving of
property in which mobile unit is to be located for vendors staying more than 30 days.
m. If a unit does not have its own toilet facilities displayed on the site plan, then a letter of
agreement with the property owner must be filed establishing the use of such facilities for
employees during business hours that are either located in the building or in a building
adjacent there to on the same property. The agreement must contain terms requiring that the
restrooms be available for use by employees during all hours in which the vendor unit is in
business. The presence of a public restroom within 300 feet of the unit will satisfy this
requirement.
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n. Outdoor seating shall be allowed subject to the following:
i. Seating is limited to a maximum of 6 patrons.
ii. Seating shall be located such that it does not impede traffic, nor utilize any of the
required parking spaces.
iii. Where the unit abuts, or is adjacent to a residential zone, outdoor seating shall be allowed
between the hours of 8:00 a.m. and 8:00 p.m.
o. If not self-contained, all units must obtain electrical service from the local power company
before occupancy is allowed.
p. Before being moved to any site, a prefabricated unit must have a valid State of Oregon
Prefabricated Structure ''medallion" attached.
q. All signage must meet the requirements of Chapter 17.41.
r. Hold-downs. All existing units that are not placed on a permanent foundation shall be
equipped with a hold-down device at each corner that secures the unit to the ground. Each
hold-down device shall be approved by the Building Safety Department, and shall be capable
of resisting at least 300 pound uplift force. Sufficient data shall be provided by the applicant
to prove the adequacy of the hold-down device.
s. City approved events are exempt from these requirements. (Ord. 546, passed 7-7-2003)
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Chapter 17.40 – Light Industrial Limited (LI) District
Sections:
17.40.010 Purpose
17.40.020 Allowed Land Uses
17.40.030 Building Setbacks
17.40.040 Lot Coverage
17.40.050 Building Height
17.40.060 Building Orientation
17.40.070 Architectural Guidelines and Standards
17.40.080 Special Standards for Certain Uses
17.40.010 Purpose
The Light Industrial District accommodates a range of light manufacturing, industrial-office uses,
automobile-oriented uses (e.g., lodging, restaurants, auto-oriented retail), and similar uses which are not
appropriate in downtown or main street areas. The district's standards are based on the following
principles.
A. Ensure efficient use of land and public services.
B. Provide a balance between jobs and housing, and encourage mixed-use development.
C. Provide transportation options for employees and customers.
D. Provide business services close to major employment centers.
E. Ensure compatibility between industrial uses and nearby residential areas.
F. Provide appropriately zoned land with a range of parcel sizes for industry.
G. Provide for automobile-oriented uses, while preventing strip-commercial development in highway
corridors.
H. Encourage the use of stormwater facilities (e.g. permeable pavements, rain gardens, rain barrels,
vegetated swales, composting, retention ponds, curb-contained bioretention, and filter strips).
17.40.020 Allowed Land Uses
A. Permitted Uses.
1. Public and Institutional Uses
a. Non-Profit Member Organization Offices
b. Private Utilities
c. Public Works Utilities Storage Yards; includes Vehicle and Equipment Storage,
Maintenance, and Repair
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d. Utility Structures and Facilities, City Planned Projects; i.e., utilities identified by an adopted
City master plan or development review approval
2. Commercial Uses
a. Automotive Repair and Service, includes fueling station, car wash, tire sales and repair or
replacement, painting, and other repair for automobiles, motorcycles, aircraft, boats, RVs,
trucks, etc.
b. Automotive Sales and Rental; includes motorcycles, boats, recreational vehicles, and trucks
c. Lumber Yard and Similar Sales of Building or Contracting Supplies, or Heavy Equipment
d. Self-Service Storage, Commercial
3. Industrial and Mixed Employment Uses
a. Artisanal and Light Manufacture Uses in Industrial and Public Facility zones
b. Finished Textile and Leather Products Manufacture
c. Food Processing, including Canning, Freezing, Drying and Similar Food Processing and
Preserving
d. Newspaper, Periodical, Publishing and Printing; except Artisanal and Light Manufacture
Uses
e. Special Trade Contracting Facilities, such as Floor Laying, Masonry, Stone, Plumbing,
Electrical, Metal Work, Roofing, Heating and Air Conditioning, Cabinet making, and
Carpentry
4. Accessory Uses
a. Stormwater facilities (e.g. permeable pavements, rain gardens, rain barrels, vegetated swales,
composting, retention ponds, curb-contained bioretention, and filter strips).
17.40.030 Building Setbacks
Building setbacks provide building separation for fire protection/security, building maintenance,
sunlight and air circulation, noise buffering, and visual separation. Building setbacks are measured from
the building foundation to the respective property line.
A. Front Yard Setbacks. The minimum front-yard building setback shall be 20 feet, except that
additional setback yards may be required to provide for planned widening of an adjacent street.
B. Rear Yard Setbacks. There is no required rear-yard setback, except that buildings shall be setback
from a Residential District by a minimum of 20 feet.
C. Side Yard Setbacks. There are no required side-yard setbacks, except that buildings shall be setback
from a Residential District by a minimum of 20 feet.
D. Other Yard Requirements.
1. Buffering. A 20-foot minimum buffer zone shall be required between development and any
adjacent Residential District. The buffer zone shall provide landscaping to screen parking,
service and delivery areas, and walls without windows or entries, as applicable. The buffer will
preferably include native vegetation and may include swales, rain gardens, and curb-contained
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bioretention. The buffer may contain pedestrian seating but shall not contain any trash
receptacles or storage of equipment, materials, vehicles, etc. The landscaping standards in
Chapter 17.48 may require buffering other situations, as well.
2. Neighborhood Access. Construction of pathway(s) and fence breaks in setback yards may be
required to provide pedestrian connections to adjacent neighborhoods or other districts, in
accordance with Section 16.12.020 – Streets.
3. Building and Fire Codes. All developments shall meet applicable fire and building code
standards, which may require setbacks different from those listed above (e.g., combustible
materials).
17.40.040 Lot Coverage
The maximum allowable lot coverage in the Light Industrial District is 80 percent. The maximum
allowable lot coverage is computed by calculating the total area covered by buildings and impervious
(paved) surfaces, including accessory structures. Compliance with other sections of this code may
preclude development of the maximum lot coverage for some land uses.
17.40.060 Building Orientation
All of the following standards shall apply to new development within the Light Industrial district in
order to reinforce streets as public spaces and encourage alternative modes of transportation, such as
walking, bicycling.
A. Building Entrances. All buildings shall have a primary entrance oriented to a street. "Oriented to a
street" means that the building entrance faces the street, or is connected to the street by a direct and
convenient pathway not exceeding 20 feet in length. Streets used to comply with this standard may
be public streets, or private streets that contain sidewalks and street trees, in accordance with the
design standards in Chapter 16.12.
B. Pathway Connections. Pathways shall be placed through yard setbacks as necessary to provide
direct and convenient pedestrian circulation between developments and neighborhoods. Pathways
shall conform to the standards in Chapter 16.12.
C. Arterial Streets. When the only street abutting a development is an arterial street, the building's
entrance(s) may be oriented to an internal drive. The internal drive shall provide a raised pathway
connecting the building entrances to the street right-of-way. The pathway shall conform to the
standards in Chapter 16.12.
D. Buffers. The City may require a 30-foot landscape buffer between development in the Light
Industrial District and adjacent Residential District(s) to reduce light, glare, noise, and aesthetic
impacts. If required, the landscape buffer will preferably contain native vegetation and may
include a swale or rain garden, as long as the feature functions in a similar or sufficient manner
of a traditional buffer.
Chapter 17.44 – Yards and Lot Access
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Sections:
17.44.010 Front Yard Exceptions
17.44.020 Projections
17.44.030 Access
17.44.040 Roofing Material
17.44.010 Front Yard Exceptions
A. If there are dwellings on both abutting lots with front yards of less than the required depth for the
district, the front yard for the lot need not exceed the average front yard of the abutting dwelling.
B. If there is a dwelling on one abutting lot with a front yard of less than the required depth for the
district, the front yard need not exceed a depth one-half of the way between the depth of the abutting
lot and the required front yard depth. (Ord. 384 §4.100, 1972).
17.44.020 Projections
Bay windows, cornices, eaves, canopies, sun shades, gutters, chimneys, flues, belt courses, leaders, sills,
pilasters, lintels, ornamental features, and other similar architectural features may project not more than
one-third of the distance three feet into a required yard or into a required open space as established by
coverage standards. (Ord. 91-01, 1991: Ord. 384 §4.120, 1972).
17.44.030
Access
Each lot shall abut a minimum frontage of forty feet upon a public street, (other than an alley) except in
the case of lots which abut a street having a centerline radius of one hundred fifty feet or less. In no case
shall a lot abut upon a street for a width of less than twenty-five feet. (Ord. 384 §4.150, 1972).
17.44.040 Roofing Material
Dwellings shall have roofs that meet or exceed the Underwriting Laboratory Class "B" fire retarding
roofing material standard. The requirement shall apply to new construction commenced after the
effective date of the ordinance codified in this section and to total roof replacements. (Ord. 91-02, 1991).
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Chapter 17.48 – Site Design, Landscaping and Construction Plan
Approval
Sections:
17.48.010 Purpose
17.48.020 Applicability
17.48.030 Review Procedure
17.48.040 Application Submission Requirements
17.48.050 Approval Criteria
17.48.060 Commission Decision
17.48.070 Appeal
17.48.080 Compliance with Conditions, Permit Expiration, and Modifications
17.48.090 Construction Plans
17.48.100 Commission Decision
17.48.110 Delegation of Authority
17.48.010 Purpose
The purpose of site plan, landscaping and construction plan approval is to review the site plan,
landscaping plans and construction plans of the proposed use, structure or building, in order to:
A. Determine compliance with the ordinances of the city;
B. Determine impact upon the neighboring properties;
C. 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;
D. Promote the orderly and harmonious development of the city;
E. Promote the stability of land values and investments;
F. Promote aesthetic values. (Ord. 486 §l(part), 1981)
17.48.020 Applicability
Site Design Review approval is required for new development. Site Design Review approval is also
required to expand a nonconforming use or development. Except as specified by a condition of approval
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of a prior City decision, or as required for uses subject to Conditional Use Permit approval, Site Design
Review is not required for the following.
A. Change in occupancy from one type of land use to a different land use resulting in no increase in
vehicular traffic or development;
B. Single-family detached dwelling (including manufactured homes) on its own lot
C. A single duplex;
DB. Non-residential building addition of up to 500 square feet or 10 percent, whichever is greater;
EC. Home occupation, except for uses requiring a Conditional Use Permit;
FD. Development and land uses that are already approved as part of a Site Design Review or
Conditional Use Permit application, provided that modifications to such plans may require Site Design
Review, pursuant to Chapter 4.7;
GE. Public improvements required by City standards or as stipulated by a condition of land use
approval (e.g., transportation facilities and improvements, parks, trails, utilities, and similar
improvements), as determined by the City Planning Official, except where a condition of approval
requires Site Design Review; and\
HF. Regular maintenance, repair, and replacement of materials (e.g., roof, siding, awnings, etc.), parking
resurfacing, and similar maintenance and repair.
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Chapter 17.50 – Erosion Prevention and Sediment Control
17.50.010 Purpose.
The purpose of these standards is to reduce the amount of sediment and pollutants resulting from
development, construction, grading, excavating, clearing, and any other activity which accelerates
erosion or increases water pollution, from reaching the public storm and surface water system or from
directly entering surface waters. The objective is to prevent and control erosion and pollution at its
source in order to maintain and improve water quality and reduce downstream impacts.
17.50.020 Applicability.
An erosion prevention and sediment control plan shall be required and approved by the [Public Works
Director} City Manager or Designee under any of the following circumstances:
A. Prior to final plat approval for any subdivision.
B. Concurrent PRIOR to Design Review.
C. Prior to approval of any building or grading permit that results in:
1. Disturbance of 2,500 1,000 square feet or more of land surface area.
2. Land or native vegetation disturbance within 50 horizontal feet of top of bank of any wetland,
stream, river or storm drain inlet.
3.
Disturbance of land or vegetation affecting 500 square feet or more of land area on slopes
of 10% ten percent or greater.
D. Farming activities are exempt from the provisions of this section, provided that the specific land area has
been cultivated within the last three years.
E. Upon finding that a visible or measurable amount of sediment has entered, or is likely to enter, the public
storm and surface water system. As used in this section, "visible or measurable sediment" shall include the
following:
1. Depositions of soil or sediment exceeding [one cubic foot] in volume on a public or private street,
adjacent property, or into the surface water management system either by direct deposit, dropping,
discharge or as a result of erosion.
2. Flows of water over bare soils, turbid or sediment laden flows, or evidence of on-site erosion such as
rivulets or bare soil slopes, where the flow of water is not filtered or captured on the site.
3. Earth slides, mud flows, earth sloughing, or other earth movement which leaves the property of
origin.
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F. Nothing in this section shall relieve any person from the obligation to comply with the regulations or permits
of any federal, state, or local authority.
17.50.030 Approval Standards.
The City Manager or his or her designee shall make the following affirmative findings prior to approval of an
erosion control plan:
A. The project has been designed to minimize disturbance of natural topography, native vegetation and soils.
B. The site design maximizes the preservation of healthy trees, understory shrubs and ground cover.
C. The plan complies with the applicable technical guidelines, as determined by the Public Works
Director/engineer/ City Manager or his or her designee.
17.50.040 Erosion Prevention and Sediment Control Plan Submission Requirements.
The required erosion prevention and sediment control plan shall include a narrative description and scaled drawings
which address:
A. The physical characteristics of the site, including a map of existing topography at [2] two foot contour
intervals, the location of water areas, and a narrative description of soil characteristics. The requirement for a
[2] two foot contour map may be waived by the City Manager or his or her designee [Public Works Director]
where this information is not readily available, and erosion potential is minor.
B. The nature of the proposed development, including any phasing plans, which may affect soils or create soil
erosion. Areas of excavation, grubbing, clearing, stockpiling, or vegetation removal shall be specifically
identified.
C. Specific erosion control measures and practices to be used to demonstrate compliance with Section V of this
ordinance.
D. Any plan may be required by the City Manager or his or her designee or their designee to include stamped
engineered plans addressing significant erosion or slope issues.
17.50.050 Erosion Control Plan Standards.
The required Erosion Prevention and Sediment Control Plan shall comply with the following standards:
A. Control Measures. Specific methods of soil erosion and sediment control shall be used during construction
to minimize visible and measurable erosion. In no case shall soil erosion and sediment transport from the site
exceed the rate of one ton per acre per year. These methods shall include all of the following:
1. The land area to be grubbed, stripped, used for temporary placement of soil, or to otherwise expose
soil shall be confined to the immediate construction site only.
2. The duration of exposure of soils shall be kept to a minimum during construction. Exposed soils shall
be covered by mulch, sheeting, temporary seeding or other suitable material following grading or
construction, until soils are stabilized. During the rainy season (November through April), soils shall
not be exposed for more than seven consecutive days. All disturbed land areas which will remain
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unworked for 21 days or more during construction, shall be mulched and seeded.
3. During construction, runoff from the site shall be controlled, and increased runoff and sediment
resulting from soil disturbance shall be retained on- site. Temporary diversions, sediment basins,
barriers, check dams, or other methods shall be provided as necessary to hold sediment and runoff.
4. A stabilized pad of gravel shall be constructed and maintained at all entrances and exits to the
construction site to prevent soil deposits on the roadway or in the drainage-ways. The stabilized
gravel pad shall be the only allowable entrance or exit to the site.
5. Topsoil removal for development shall be stockpiled and reused on-site to the degree necessary to
restore disturbed areas to their original or enhanced condition, or to assure a minimum of six inches
of stable topsoil for re-vegetation. Additional soil shall be provided if necessary to support re-
vegetation.
6. The removal of all sediments which are carried into the streets, or on to adjacent property, are the
responsibility of the developer. The applicant shall be responsible for cleaning and repairing streets,
catch basins, and adjacent properties, where such properties are affected by sediments or mud. In no
case shall sediments be washed into storm drains, ditches, drainage-ways, streams, or wetlands.
B. Restoration of Vegetation. The developer shall be responsible for re-vegetating public and private open
spaces, utility easements, and undeveloped rights-of- way in accordance with an approved Schedule of
Installation.
1. If the vegetation existing prior to site development is non-native or invasive, it shall be replaced with
native or non-invasive plant species.
2. Temporary measures used for initial erosion control shall not be left in place permanently.
3. Work areas on the immediate site shall be carefully identified and marked to reduce potential damage
to trees and vegetation.
4. Trees shall not be used as anchors for stabilizing working equipment.
5. During clearing operations, trees and vegetation shall not be permitted to fall or be placed outside the
work area.
6. In areas designated for selective cutting or clearing, care in falling and removing trees and brush
shall be taken to avoid injuring trees and shrubs to be left in place.
7. Stockpiling of soil, or soil mixed with vegetation, shall be removed prior to completion of the
project.
C. Schedule of Installation. A schedule of planned erosion control and revegetation measures shall be
provided, which sets forth the progress of construction activities, and mitigating erosion control measures.
D. Responsible Person. The developer shall designate a specific person to be responsible for carrying out the
Erosion Prevention and Sediment Control Plan.
17.50.060 Plan Implementation Requirements.
An approved Erosion Prevention and Sediment Control Plan shall be implemented and maintained as follows:
A. Plan Approval Required Prior to Clearing or Grading. No grading, clearing or excavation of land
requiring an Erosion Prevention and Sediment Control Plan shall be undertaken prior to approval of the
Erosion Prevention and Sediment Control Plan signed off by the City Manager or his or her designee.
B. Implementation. The developer shall implement the measures and construct facilities contained in the
approved Erosion Prevention and Sediment Control Plan in a timely manner.
1. During active construction, the developer shall inspect erosion prevention and control measures daily
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during rainy periods. In all cases, the developer shall be responsible for maintenance, adjustment,
repair and replacement of erosion control measures to ensure that they are functioning properly without
interruption.
2. Eroded sediment shall be removed immediately from pavement surfaces, off-site areas, and from the
surface water management system, including storm drainage inlets, ditches and culverts. In the event
that sediment is inadvertently deposited in a wetland or stream, the developer shall immediately
contact the Public Works Director City Manager or his or her designee and coordinate remedial actions
with the City of Gold Hill.
3. Water containing sediment shall not be flushed into the surface water management system, wetlands or
streams without first passing through an approved sediment filtering facility or device.
4. When required by the Public Works Director City Manager or his or her designee, the developer shall
maintain written records of all site inspections of erosion control measures which shall be provided to
the Public Works Director City Manager or his or her designee upon request.
C. The developer shall call for inspection prior to the foundation inspection for any building, to certify that
erosion control measures are installed in accordance with the Erosion Prevention and Sediment Control Plan.
D. Correction of Ineffective Measures. If the facilities and techniques approved in the Erosion Prevention and
Sediment Control Plan are not effective or sufficient to meet the purpose of this section, based on an on-site
inspection, the Public Works Director City Manager or his or her designee may require a revised plan.
1. The revised Erosion Prevention and Sediment Control Plan shall be provided within 5 working days
of written notification by the Public Works Director City Manager or his or her designee.
2. The developer shall implement fully the revised plan within 5 working days of approval by the
Public Works Director City Manager or his or her designee.
3. In cases where serious erosion occurs, the Public Works Director City Manager or his or her
designee may require the developer to install interim control measures immediately, before submittal
of the revised Erosion Prevention and Sediment Control Plan.
E. Additional Standards. The following additional standards shall apply:
1. Construction between stream banks shall be prohibited, unless absolutely necessary to construct
required public facilities. Any such activities must be performed in accordance with the Oregon
Department of Fish and Wildlife and other state regulations.
2. Pollutants such as fuels, lubricants, raw sewage, and other harmful materials shall not be discharged
into or near rivers, streams, or impoundments, and shall be properly stored and disposed.
3. Discharge of water into a stream, wetland or impoundment shall not result in violation of the state
temperature standard.
4. All sediment-laden water from construction operations shall be routed through stilling basins,
filtered, or otherwise treated to reduce the sediment load, and prevent violation of the state turbidity
rule.
F Storage. All erodible or toxic materials delivered to the job site shall be covered and protected from the
weather and stored according to appropriate health and safety guidelines.
1. Such materials shall not be exposed during storage.
2. Waste material, rinsing fluids, and other such materials shall be disposed of in such manner that
pollution of groundwater, surface water, or air does not occur. In no case shall toxic materials be
dumped into drainage ways or onto land.
G. Contaminated Soils. Where the construction process reveals soils contaminated with hazardous materials or
chemicals, the Contractor shall stop work immediately; ensure that no contaminated material is hauled from
the site; remove the work force from the contaminated area; leave all machinery and equipment; secure the
area from access by the public until such time as a mitigation team has relieved the Contractor of that
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responsibility and notify the City of Gold Hill of the situation upon its discovery; and prohibit employees
who may have some in contact with the contaminated material from leaving the site until released by the City
of Gold Hill.
H. Duration of Maintenance. Continuing maintenance after development pursuant to the Erosion Prevention
and Sediment Control Plan, including re-vegetation of all graded areas, shall be the responsibility of the
developer, subsequent developers or property owners.
1. Erosion prevention and control measures shall be maintained during construction and for one year
after development is completed.
2. The Public Works Director City Manager or his or her designee may, upon a finding that soils are
completely stabilized, reduce this period.
17.50.070 Security.
After an Erosion Prevention and Sediment Control Plan is approved by the Public Works Director City Manager or
his or her designee and prior to construction or grading, the applicant shall provide a performance bond or other
financial guarantee in the amount of 100% 110% of the value of the erosion prevention/control and water quality
measures necessary to stabilize the site and maintain water quality. Any financial guarantee instrument proposed
other than a performance bond shall be approved by the City Manager or his or her designee. A performance bond
inclusive of the entire project will be considered.
A Duration. The financial guarantee instrument shall be in effect for a period of at least one year and shall be
released when the Director determines that the site has been stabilized. All or a portion of the security
retained by the city may be withheld for a period of up to five years beyond the one-year maintenance period,
if it has been determined by the Public Works Director City Manager or his or her designee that the site has
not been sufficiently stabilized against erosion.
B. Exemptions. Individual lots zoned for single-family and multi-family residential use prior to the effective
date of this Section, and individual lots are subject to the standard erosion control plan stated in Section
17.50.050 of this ordinance shall be exempt from the security requirements of Section 17.50.070 of this
ordinance.
C. Conflict. Due to the immediate threat to the public health, safety and welfare posed by failure to comply with
the strict provisions of the erosion control measures required under this Section, the provisions of Section
17.50.070 shall supersede the more general provisions of the City of Gold Hill's Development Code, where
they exist.
17.50.080 Enforcement.
Each violation of any provision of this Section, or any failure to carry out the conditions of any approval granted
pursuant to this Section, shall be unlawful and a civil infraction subject to the enforcement provisions below.
A. Penalties. The City Manager or his or her designee may enforce the following penalties:
1. Issue a stop work order where erosion control measures are not being properly maintained or are not
functioning properly due to faulty installation or neglect.
2. Refuse to accept any development permit application, revoke or suspend any development or
building permit, or deny occupancy of the subject property until erosion control measures have been
installed properly and maintained in accordance with this Section.
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B. The owner of the property from which the erosion occurs, together with any person or party who causes such
erosion, shall be responsible for mitigating the impacts of the erosion and for preventing future erosion.
C. Upon request of the City Manager or his or her designee or at the direction of the City Council, the City
Attorney may institute appropriate action in any court to enjoin development of a site or building project
which is in violation of this Section, or to require conformance with this Section.
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17.64.070 Manufactured Homes
A manufactured home is permitted on an individual lot in all residential zones, subject to the following.
A. A manufactured home is a transportable, single-family dwelling conforming to the construction
standards set forth in the National Home Construction and Safety Act of 1974 and intended for
permanent occupancy which arrives at a site complete and ready for occupancy so that it may be
used with or without a permanent foundation.
B. No more than one manufactured home shall be placed upon an individual lot, with the exception of a
mobile home park permit, nor shall the lot be less than the minimum lot size for the zoning district.
C. No manufactured home shall be placed upon a lot unless the owner of the manufactured home is also
the owner of the lot. The term "owner of the lot" shall include theperson in whom the title is vested
or the person who is a contract purchaser whose land sale contract or memorandum thereof is
recorded.
D. Manufactured homes are subject to the following standards and criteria.
1. The manufactured home must be multi-sectional, no less than twenty feet in width, enclose a
minimum of one thousand square feet, excluding garages; and
2. Must be located not more than eighteen inches above grade on an excavated and back-filled
foundation which is enclosed at the perimeter with either concrete or concrete block foundation
skirting; and
3. Have a minimum roof slope of a nominal 3:12 pitch, with either a composition, tile or metal roof,
excluding 2.5 corrugated metal roofing as per ordinance; and
4. Have exterior siding consisting of painted or stained wood, aluminum or fiberglass, with lapped
siding, board and batt, board on board, or stucco motif; and
5. No manufactured home shall be placed on a lot unless provision for off-street parking is
provided for in accordance with the requirements of the zoning ordinance. The garage or carport
shall be constructed of like materials and be prepared to appear similar to the manufactured
home; and
6. No manufactured home shall be occupied until it is connected with the city water and sanitary
sewer systems.
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E. No additions or outbuildings shall be constructed, added to, or placed upon said lot which do not
conform in all respects to the Uniform Building Code and OAR 814.23.070. No accessory building
or addition shall exceed in height a one-story building, which for the purposes of this section is
established at thirteen feet, or the roofline of the manufactured home, whichever is greater, excepting
that this height shall exclude any antenna or cooler.
F. Application shall be made to the public works department for approval of the placement of the
manufactured home. (Ord. 94-01, 1994).
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H. Chapter 17.65 Mobile Food Vendors
Sections:
17.65.010 Definitions
17.65.020 Purpose
17.65.030 Regulations
17.65.010 Definitions
A. Special Event Mobile Food Vendor. Any structure, 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 is located on a single parcel of privately
owned land and is removed at the cessation of a special event.
aB. Temporary Mobile Food Vendor. Any structure, 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 is located on a single parcel of privately owned land and is
removed at the end of the business day. or the cessation of a special event.
b.C.Mobile Food Vendor. Any trailer, vehicle, wagon, or similar device, which is used for the purpose of
preparing, processing, or converting food or beverages for immediate consumption as a drive-in, drive-
through, curb or walk-up service that is located on a single parcel of privately owned land not associated with
a special event and expected to be semi-permanent. One vendor is permitted per site unless included in an
application for a Mobile Food Pod or Mobile Food Court.
cD. Mobile Food Pod. Two to three mobile food vendors located on a single parcel of privately owned land not
associated with a special event and expected to be semi-permanent.
dE. Mobile Food Court. A group of four to twelve mobile food vendors located on a single parcel of privately
owned land not associated with a special event and expected to be semi-permanent.
Temporary Mobile Food Vendor – Standards and Criteria
17.65.020 Purpose
These regulations are intended to establish criteria for the placement of mobile food vendors in the City of
Gold Hill. Mobile food vendors provide the community with a wider variety of eating, drinking, and
socializing options. Mobile food vendors shall comply with all applicable City, County, and State
regulations.
17.65.030 Regulations
Mobile food vendors are required to obtain approval through an application prior to selling, displaying,
soliciting, bartering, giving, and/or exchange of any merchandise or food in any zoning district within the
city limits of Gold Hill.
A. Temporary mobile food vendors may be permitted in the Commercial, Downtown, and Public zones through
a Type I Planning Procedure. Exemptions.
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1. Any mobile food vendor that has been approved for a special event submitted pursuant to this
code shall be exempt from the requirements pertaining to mobile vending, provided that the
vending vehicle is parked for only the duration of the special event to conduct its business.
a. Special events include:
i. Any city-sponsored or approved event.
ii. Community events that serve the local community, including cultural, holiday, sports,
or program themes relative to the purpose of the event.
iii. Events sponsored to promote the city by service clubs, schools, civic groups, and local
social groups that are non-revenue-generating. The event may pay a use fee, but the
revenue generated is not for profit or financial gain of any individual, corporation, or
privately held organization.
iv. Growers’ markets that are a one- or two-day event if approved and properly licensed
by the city.
2. Temporary mobile food vendors.
3. Outdoor cooking in conjunction with and conducted on the premises of an established retail
store, such as a barbecue or smoker, to prepare foods that will be served in the existing retail
establishment and must be approved by the city building department and the Rogue River fire
department.
4. Mobile businesses that are not stationary and provide services to individual citizens, or
businesses, such as:
a. Ice cream trucks.
b. Other mobile businesses as approved by the city administrator or his/her designee.
5. This list is not all-inclusive; new uses and activities determined to be consistent with those
specifically listed as exempt and which should be exempted may be included through a similar
use interpretation made by the city administrator or his/her designee.
B. Applicant(s) shall submit a completed Zoning Clearance Form and Site Plan drawn to scale. The Site Plan
shall include the following: Rules Pertaining to Exempt Mobile Food Vendors.
i. Unit dimensions. The exterior length and width dimensions of the temporary unit when multiplied,
shall enclose no more than 160 square feet.
ii. Setbacks to property lines. Units shall be located 10 feet from any residentially zoned property (ies).
iii. Trash receptacle(s). Temporary mobile food vendors must provide or have garbage receptacles readily
available for immediate use by customers.
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iv. Restroom facility. A restroom facility shall be available for guests and employees. The restroom facility
shall have a handwashing station. Portable toilet facilities will fulfill this requirement.
v. Proposed lighting. Any proposed lighting shall be downcast, unobtrusive and not spill over onto
adjacent properties.
vi. Outdoor Equipment and Accessories. Outdoor equipment and accessories are permitted and include
items such as tables, chairs, canopies, tents, and other amenities for guests. Equipment and accessories
shall be located such that they do not impede roadways or walkways.
vii. Signage. Any proposed signage must meet the requirements of Chapter 17.41.
1. Exempt Mobile Food Vendors shall be fully self-contained; however,
a. Temporary connection to power is permitted; provided, that extension cords are covered
or screened to prevent tripping hazards.
b. Generators used for operation of the special event mobile food vendors shall be consistent
with the applicable fire code.
C. If the temporary unit is located on property not owned by the applicant, property owner consent shall be
provided. Rules Pertaining to All Mobile Food Vendors.
1. All mobile food vendors shall comply with all state, federal and local laws. Food truck vendors
shall obtain a business license, food truck permit, and receive any requisite inspections from the
Building and Fire Departments and the Jackson County Environmental Public Health
Department. Approved City and County permits shall be displayed on the food truck or food
cart, and the food truck vendor is responsible for compliance with all permit requirements.
2. Unit dimensions. The exterior length and width dimensions of the unit when multiplied, shall
enclose no more than 160 square feet.
3. Setbacks to property lines. Units shall be located 10 feet from any residentially zoned property
(ies).
4. If the mobile food vendor is located on property not owned by the applicant, the property
owner’s consent shall be provided.
5. If more than one temporary mobile food vendor is located on the same site, the units shall be spaced 10
feet apart.
6. A city business license is required. Temporary mobile food vendors shall obtain a Jackson County
Environmental Health permit before a business license can be issued.
7. If the mobile food vendor is located adjacent to a public or private walkway, the minimum remaining
unobstructed walkway width shall be 6 six feet.
8. Outdoor seating shall be allowed subject to the following:
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a. Seating shall be located such that it does not impede traffic or pedestrian passage.
b. Where the unit abuts, or is adjacent to a residential zone, outdoor seating shall be allowed
between the hours of 8:00 a.m. and 8:00 p.m.
ix. Temporary Mobile Food Vendors shall be fully self-contained; however,
(1) Temporary connection to power is permitted; provided, that extension cords are covered or
screened to prevent tripping hazards.
(2) Generators used for operation of the temporary food vendors shall be consistent with the
applicable fire code.
9. No unit shall dispose of oil, grease, or waste on the lot.
10. No waste shall be discharged into the City’s storm drain system, directly or indirectly.
11. Before being moved to any site, a prefabricated unit must have a valid State of Oregon Prefabricated
Structure “medallion” attached.
12. Temporary mobile food vendors shall leave the permitted location at the end of the business day, or the
cessation of a special event. A temporary mobile food vendor may not return to the same location
without securing an additional Type 1 permit from the City of Gold Hill.
13. City approved events are exempt from these requirements. (Ord. 546, passed 7-7-2003)
12. Proposed lighting. Any proposed lighting shall be downcast, unobtrusive and not spill over onto
adjacent properties.
13. A mobile food vendor shall be self-contained. If not self-contained, the unit shall connect to
permanent utilities through the issuance of proper jurisdictional permits.
14. Outdoor Equipment and Accessories.
a. Outdoor equipment and accessories are permitted and include items such as tables, chairs,
canopies, tents, and other amenities for guests.
b. Equipment and accessories shall be located such that they do not impede roadways or
walkways.
c. Extension cords or other similar devices shall be covered or screened to avoid tripping
hazards.
15. Signage. Any proposed signage must meet the requirements of Chapter 17.41.
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16. Mobile food merchants operating a vending vehicle must pick up, remove and dispose of all
garbage, refuse or litter consisting of foodstuff, wrappers, and/or materials at time dispensed
from the vending vehicle, and any residue deposited on the street from the operation thereof, and
shall otherwise maintain in a clean and debris-free condition the entire area within a 25-foot
radius of the location where mobile food vending is occurring.
D. Rules Pertaining to Temporary Mobile Food Vendors.
1. Temporary mobile food vendors (self-contained trucks and trailers) may locate and sell food in
the public right-of-way using on-street parking stalls under the following requirements:
a. Vending only occurs during the hours of 8:00 a.m. and 8:00 p.m. daily;
b. The temporary mobile food vendor unit shall not occupy more than one on-street parking
space;
c. Mobile food vendors shall obtain and pay for applicable licenses/permits (such as a City
business license and County health permit) to operate. Applicants must pay an on-street
vending fee as established in the most recent fee schedule approved by the resolution of the
City Council to the Business License Department for every 90 days vending takes place on
the street;
E. Rules Pertaining to Mobile Food Vendors and Pods Subject to Standards and Criteria Type II Procedure
(Administrative Review with Notice).
1. A mobile food vendor may be permitted on privately owned property in the scale. The Site Plan shall
include the following: Approval Procedures.
a. The City Planning Official, or their designee, performs Administrative Staff Reviews
through the Type II procedure. Type II decisions are made by the City Planning Official
with public notice and an opportunity for appeal to the Planning Commission.
Alternatively, the City Planning Official may refer a Type II application to the Planning
Commission for its review and decision in a public hearing.
2. Applicant(s) shall submit a completed Zoning Clearance Form and Site Plan drawn to scale.
Application Requirements.
a. Application Forms. Applications for projects requiring Administrative Review shall be
made on forms provided by the City Planning Official and include a Site Plan drawn to
scale.
b. Submission Information. The Site Plan shall include the following:
i. Unit dimensions. The exterior length and width dimensions of the unit when multiplied, shall
enclose no more than 160 square feet. Each unit shall enclose no more than 160 square
feet.
ii. Setbacks to property lines. Units shall be located 10 feet from any residentially zoned
property (ies).
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iii. Trash receptacle(s). Mobile food vendors must provide or have garbage receptacles readily
available for immediate use by customers.
iv. Restroom facility. A restroom facility shall be available for guests and employees. The
restroom facility shall have a handwashing station. Portable toilet facilities will fulfill this
requirement.
v. Proposed lighting. Any proposed lighting shall be downcast and unobtrusive. All lighting
except security lighting shall be removed, unplugged or otherwise turned off at the end of
each business day.
vi. Outdoor Equipment and Accessories. Outdoor equipment and accessories are permitted and
include items such as tables, chairs, canopies, tents, and other amenities for guests.
Equipment and accessories shall be located such that they do not impede roadways or
walkways.
vii. Signage. Any proposed signage must meet the requirements of Chapter 17.41.
3. If the mobile food vendor is located adjacent to a public or private walkway, the minimum remaining
unobstructed walkway width shall be six feet. Other Requirements.
a. Units within a mobile food pod shall connect to all public utilities through the
issuance of proper jurisdictional permits.
i. Water. A site dedicated master water meter is required. Private water line
extensions from the master water meter to each vendor shall be required per the
Uniform Plumbing Code and the Oregon Health Authority safe drinking water
requirements.
ii. Sanitary Sewer. The mobile food pod shall be connected to sanitary sewer lines
consistent with Rogue Valley Sewer Services requirements.
iii. Underground power shall be stubbed to each unit.
4. If the mobile food vendor is located on property not owned by the applicant, the property owner’s
consent shall be provided.
5. A city business license is required. Mobile food vendors shall obtain a Jackson County Environmental
Health permit before a business license can be issued.
6. Outdoor seating shall be allowed subject to the following:
a. Seating shall be located such that it does not impede traffic or pedestrian passage.
b. Where the unit abuts, or is adjacent to a residential zone, outdoor seating shall be allowed between
the hours of 8:00 a.m. and 8:00 p.m.
(1) A mobile food vendor shall be self-contained. If not self-contained, the unit shall connect to
permanent utilities through the issuance of proper jurisdictional permits.
iii. No unit shall dispose of oil, grease, or waste on the lot.
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iv. No waste shall be discharged into the City’s storm drain system, directly or indirectly.
v. Before being moved to any site, a prefabricated unit must have a valid State of Oregon
Prefabricated Structure “medallion” attached.
vi. City approved events are exempt from these requirements. (Ord. 546, passed 7-7-2003)
1. Mobile Food Pods - Standards and Criteria.
a. Mobile food pods may be permitted on privately owned property in the Commercial and
Downtown Zones through a Type II Planning Procedure.
b. Applicant(s) shall submit a completed Zoning Clearance Form and Site Plan drawn to scale. The Site
Plan shall include the following:
i. Unit dimensions. Each unit shall enclose no more than 160 square feet.
ii. Setbacks to property lines. Units shall be located 10 feet from any residentially zoned property (ies).
iii. Trash receptacle(s). Mobile food pods must provide or have garbage receptacles readily available for
immediate use by customers.
iv. Restroom facility. A restroom facility shall be available for guests and employees. The restroom
facility shall have a handwashing station. Portable toilet facilities will fulfill this requirement.
v. Proposed lighting. Any proposed lighting shall be downcast and unobtrusive. All lighting except
security lighting shall be removed, unplugged, or otherwise turned off at the end of each business
day.
vi. Outdoor Equipment and Accessories. Outdoor equipment and accessories are permitted and include
items such as tables, chairs, canopies, tents, and other amenities for guests. Equipment and
accessories shall be located such that they do not impede roadways or walkways.
vii. Signage. Any proposed signage must meet the requirements of Chapter 17.41.
c. The minimum distance between units within a mobile food pod shall be ten feet.
d. Units within a mobile food pod shall connect to all public utilities through the issuance of
proper jurisdictional permits.
i. Water. A site dedicated master water meter is required. Private water line extensions
from the master water meter to each vendor shall be required per the Uniform
Plumbing Code and the Oregon Health Authority safe drinking water requirements.
ii. Sanitary Sewer. The mobile food pod shall be connected to sanitary sewer lines
consistent with Rogue Valley Sewer Services requirements.
iii. Underground power shall be stubbed to each unit.
e. Units within the mobile food pod shall meet all Standards and Criteria as required for
mobile food vendors.
F. Rules Pertaining to Mobile Food Courts Subject to Standards and Criteria Type III Procedure (Quasi-
Judicial Review – Public Hearing).
1. Approval Procedures.
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a. Mobile food courts may be permitted on privately owned property in the Commercial and
Downtown Zones through a Type III Planning Procedure. Type III decisions are made by
the Planning Commission after a public hearing, with an opportunity for appeal to the
City Council.
2. Application Requirements.
a. Application Forms. Applicant(s) shall submit a completed Zoning Clearance Form
Applications for projects requiring Administrative Review shall be made on forms
provided by the City Planning Official and include a and Site Plan drawn to scale.
b. Submission Information. The Site Plan shall include the following:
i. Unit dimensions. Each unit shall enclose no more than 160 square feet.
ii. Setbacks to property lines. Units shall be located ten feet from any residentially zoned
property (ies).
iii. Trash receptacle(s). Mobile food courts must provide or have garbage receptacles readily
available for immediate use by customers.
iv. Restroom facility. A restroom facility shall be available for guests and employees. The
restroom facility shall have a handwashing station. Portable toilet facilities will fulfill this
requirement.
v. Proposed lighting. Any proposed lighting shall be downcast and unobtrusive. All lighting,
except security lighting shall be removed, unplugged, or otherwise turned off at the end of
each business day.
vi. Outdoor Equipment and Accessories. Outdoor equipment and accessories are permitted and
include items such as tables, chairs, canopies, tents, and other amenities for guests.
Equipment and accessories shall be located such that they do not impede roadways or
walkways.
vii. Signage. Any proposed signage must meet the requirements of Chapter 17.41.
3. The minimum distance between units within a mobile food court shall be ten feet. Other
Requirements.
a. Utilities. Units within a mobile food court shall connect to all public utilities through the
issuance of proper jurisdictional permits.
i. Water. A site dedicated master water meter is required. Private water line extensions from
the master water meter to each vendor shall be required per the Uniform Plumbing Code
and the Oregon Health Authority safe drinking water requirements.
ii. Sanitary Sewer. The mobile food court shall be connected to sanitary sewer lines
consistent with Rogue Valley Sewer Services requirements.
iii. Underground power shall be stubbed to each unit.
4. Units within the mobile food court shall meet all Standards and Criteria as required for Mobile Food
Vendors.
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G. Violations. Violation of this section constitutes a violation. Every day in which the violation exists
constitutes a separate violation.
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Chapter 17.76 – Adjustments and Variances
Sections:
17.76.010 Purpose
17.76.020 Applicability
17.76.030 Adjustments
17.76.040 Variances
17.76.050 Application
17.76.060 Hearing
17.76.070 Authorization
17.76.080 Approval
17.76.090 Appeal
17.76.100 Building Permit Issuance
17.76.110 Reapplication
17.76.120 Revocation
17.76.130 Mapping
17.76.010 Purpose
Where practical difficulties, unnecessary hardships, and results inconsistent with the general purposes of
this title may result from the strict application of certain provisions of this title, variance may be granted
as provided in this chapter. This chapter may not be used to allow a use that is not in conformance with
the use specified by this chapter for the district in which the land is located. In granting a variance, the
city may impose conditions similar to those provided for conditional uses to protect the best interests of
the surrounding property, the neighborhood or the city as a whole. (Ord. 384 §7.010, 1972).
17.76.020 Applicability
Adjustments and variances are intended to provide relief from code standards in specific situations. Both
procedures are intended to ensure that the resulting development is compatible with adjacent properties
and is consistent with the intent of the Code.
A. Adjustments. Adjustments provide relief from specific code provisions when a code provision has
the unintended effect of preventing reasonable development in conformance with all other code
requirements.
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B. Variances. Variances provide greater flexibility to code standards than adjustments, where the
physical characteristics of a site or its surroundings prevent reasonable development in compliance
with a code standard.
17.76.030 Adjustments
Adjustments are minor modifications to Code standards that are intended to provide reasonable
flexibility for planned land uses and development. Adjustments are subject to the following standards
and procedures. Permitted uses shall not be adjusted.
A. Applicability. The City Planning Official or Planning Commission, through a Type II procedure,
may adjust the following standards:
1. Setbacks. Up to a 10 percent reduction to a minimum setback.
2. Lot coverage. Up to a 10 percent increase to the maximum lot coverage
3. Lot Dimensions. Up to a 10 percent decrease to a minimum lot dimension.
4. Lot Area. Up to a 10 percent decrease in minimum lot area.
5. Other Dimensional Standards. Up to a 10 percent increase or decrease in a quantitative
(numerical) standard not listed above; it does not include building code requirements,
engineering design standards, public safety standards, or standards implementing state or federal
requirements, as determined by the City Planning Official.
B. Approval Criteria. The City may grant an Adjustment only upon finding that all of the following
criteria are met. The burden is on the applicant to demonstrate compliance with the criteria.
1. The adjustment allows for a building plan that is more compatible with adjacent land uses, or it
does not create a conflict with adjacent uses;
2. The Adjustment is necessary to allow for normal interior building functions, such as mechanical
equipment/utility closets, heating and ventilation systems, restrooms, stockrooms, shelving, and
similar interior building functions;
3. Approval of the Adjustment does not create a violation of any other adopted ordinance or code
standard, and does not create the need for a Variance;
4. An application for an Adjustment is limited to one lot per application;
5. Not more than two Adjustments may be approved for one lot or parcel in a continuous 12-month
period; and
6. All applicable building code requirements and engineering design standards shall be met.
17.76.040 Variances
A. Applicability. A Variance is an alleviation from the development code that does not otherwise meet
the criteria under §17.76.030.
B. Approval Criteria. The Planning Commission through a Type III procedure may approve a
Variance upon finding that it meets all of the following criteria.
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1. The Variance is necessary because the subject Code provision does not account for special or
unique physical circumstances of the subject site, existing development patterns, or adjacent land
uses;
2. The Variance is the minimum necessary to address the special or unique physical circumstances
related to the subject site;
3. The need for the Variance is not self-imposed by the applicant or property owner. (For example,
the Variance request does not arise as a result of a property line adjustment or land division
approval previously granted to the applicant);
4. The Variance does not conflict with other applicable City policies or other applicable
regulations;
5. The Variance will result in no foreseeable harm to adjacent property owners or the public; and
6. All applicable building code requirements and engineering design standards shall be met.
17.76.050 Application
The owner or his agent may apply for an Adjustment or Variance by filing an application with the city.
Such application shall be accompanied by a legal description of the property, plans, and elevations
necessary to show the proposed development, the corresponding fee as set by resolution, and a narrative
explaining the intent and necessity for the adjustment or variance.
17.76.060 Hearing
A public hearing shall be held within 120 days after the application is deemed complete, notice of which
shall be given in the manner provided in Section 17.104.040. (Ord. 384 §7.030, 1972).
17.76.070 Authorization
When required by the findings made in §17.76.040, the Planning Commission may authorize variance of
design standards relative to site area and dimensions, site coverage, yard spaces, heights of structures,
distance between structures, off-street parking and off-street loading facilities, fencing and landscaping
or other similar standards. No variance shall be granted authorizing a use of land not permitted by zone
district regulations. (Ord. 470, 1981: Ord. 464, 1981: Ord. 384 §7.040, 1972).
17.76.080 Approval
A. Within 120 days after deeming the application complete, the Commission shall render its decision,
and shall render its written finding of facts shown under §17.76.040apply to the land, or building, for
which variance is sought and whether such variance will be in harmony with general purpose of this
ordinance.
B. The Commission may continue a public hearing in order to obtain more information or to serve
further notice.
C. A copy of the Commission resolution shall be mailed to the applicant at the address shown on the
application. (Ord. 384 §7.050, 1972).
D. If the council or their designated representative determines that the applicant will include a
significant amount of low impact development strategies into the site design, the entity may
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expedite the approval process. The amount of low impact development that will be significant for
the purposes of expediting the process is at the discretion of the administering entity.
17.76.090 Appeal
The decision of the Planning Commission may be appealed to the City Council in the manner prescribed
by §17.104.040(E).. (Ord. 384 §7.060, 1972).
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Chapter 17.104 – General Review Procedure
Sections:
17.104.010 Purpose and Applicability
17.104.020 Type I Procedure (Ministerial/Staff Review and Zoning Checklist)
17.104.030 Type II Procedure (Administrative Review with Notice)
17.104.040 Type III Procedure (Quasi-Judicial Review – Public Hearing)
17.104.050 Type IV (Legislative Decisions)
17.104.060 Time Limit, Consolidated Review, and City Planning Official Duties
17.104.010
Purpose and Applicability
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 17.104.010 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 as described in subsections 1-4 below. Table 17.104.010 lists the City’s land
use and development approvals and corresponding review procedure(s).
1. Type I Procedure (Staff Review – Zoning Checklist). Type I decisions are made by the City
Planning Official, or their designee, without public notice and without a public hearing. A Type I
procedure is used in applying City standards and criteria that do not require the use of discretion
(i.e., there are clear and objective standards).
2. Type II Procedure (Administrative/Staff Review with Notice). Type II decisions are made by
the City Planning Official or their designee, with public notice and an opportunity for appeal to
the Planning Commission. Alternatively the City Planning Official may refer a Type II
application to the Planning Commission for its review and decision in a public hearing.
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3. Type III Procedure (Quasi-Judicial Review – Public Hearing). Type III decisions are made
by the Planning Commission after a public hearing, with an opportunity for appeal to the City
Council; or in the case of a Quasi-Judicial zone change (e.g., a change in zoning on one property
to comply with the Comprehensive Plan), a Type III decision is made by the City Council on
recommendation of the Planning Commission. Quasi-Judicial decisions involve discretion but
implement established policy.
4. Type IV Procedure (Legislative Review). The Type IV procedure applies to the creation or
revision, or large-scale implementation, of public policy (e.g., adoption of regulations, zone
changes, annexation, and Comprehensive Plan amendments). Type IV reviews are considered by
the Planning Commission, which makes a recommendation to the City Council. The City
Council makes the final decision on a legislative proposal through the enactment of an
ordinance.
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Table 17.104.010 – Summary of Approvals by Type of Review Procedure
Approvals
Review Procedures
Applicable Regulations
Zoning Clearance
Type I
Applicants are required to complete a
Zoning Checklist before applying for any
permit or approval. See §17.104.020.
Access to a Street
Type I
Chapter 3.3 and the standards of the
applicable roadway authority
(City/County/ODOT)
Adjustment
Type II
Chapter 17.76
Annexation
Type IV
See Oregon Revised Statute 222
Code Interpretation
Type II or III
Chapter 17.100. Routine interpretations
that do not involve discretion do not
require a permit.
Code Text Amendment
Type IV
Chapter 17.84
Comprehensive Plan Amendment
Type IV
Chapter 4.6 Section 17.104.050
Conditional Use Permit
Type III
Chapter 17.72
Home Occupation
Type II, III No permit, except when required by Chapter 4.7
Section 17.64.060
Legal Lot Determination
Type I
Chapter 1.3
Master Planned Development
Concept Plan
Detailed Plan
Type III
Type II
Chapter 17.80
Chapter 17.80
Modification to Approval or
Condition of Approval
Type I, II or III
Chapter 17.96
Nonconforming Use or Structure,
Expansion of
Type I, II or III
Chapter 17.68
Partition or Re-plat of 2-3 lots
Preliminary Plat
Final Plat
Type III
Type I
Title 16
Title 16
Property Line Adjustments,
including Lot Consolidations
Type I
Title 16
Site Design Review
Type II or III
Chapter 17.48
Subdivision or Replat of >3 lots
Preliminary Plat
Final Plat
Type III
Type II
Title 16
Title 16
Variance
Type III
Chapter 17.76
Zoning District Map Change
Type III or IV
Chapter 17.84
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