A.
Nonconforming
uses. Except as is hereinafter provided by this Code, the lawful use
of a building or structure or of any land or premises lawfully existing
at the time of the effective date of this Code or at the time of a
change in the official zoning map may be continued, although such
use does not conform with the provisions of this Code.
B.
Changes
in nonconforming uses. A nonconforming use may be changed only to
a use conforming to the zone in which it is located. Once changed
to a conforming use no building or land shall be permitted to revert
to a nonconforming use.
C.
Increase
of nonconforming uses. A nonconforming use shall not be increased,
except that permission to extend the use to any portion of a building
or lot which portion was arranged or designed for such nonconforming
use at the time of the passage of this Code may be granted by administrative
action subject to the provisions of this Code. Conversion of a lawfully
established nonconforming single-family dwelling to a duplex dwelling
shall be permitted, provided that it does not increase the nonconformity
of the structure and otherwise meets the development standards of
the Zoning District in which it is located.
D.
Vested
right. Nothing contained in this Code shall require any change in
the plans, construction, alteration, or designated use of a structure
on which construction has physically, lawfully and substantially commenced
prior to the adoption of this Code, provided the structure, if nonconforming
or intended for a nonconforming use, is completed and in use within
two years from the time construction was commenced.
E.
Discontinuance
of nonconforming use. When a nonconforming use of a structure or property
is discontinued for a period in excess of one year, the structure
or property shall not thereafter be used except in conformance with
the zone in which it is located.
F.
Unlawful
use not a nonconforming use. No unlawful use of property existing
at the time of passage of this Code shall be deemed a nonconforming
use.
G.
Restoration
of a nonconforming building or structure.
1.
A
nonconforming building or structure which is damaged by fire, flood,
wind, earthquake, or other calamity or act of God or the public enemy,
to an extent that the cost of repair or restoration of the building
or structure, conforming to current building codes, would exceed 80%
of the market value contained in the records of the Douglas County
Assessor, shall be deemed terminated upon the date of such damage
or destruction. Cost of repair or restoration, and replacement cost,
shall be determined by the Building Official. If the building or structure
and use thereof is not terminated, it may be restored and the occupancy
or use of such building or structure or part thereof, which existed
at the time of such partial destruction may be resumed, provided that
the restoration is commenced within a period of one year and is diligently
prosecuted to completion.
2.
The
restoration or reconstruction of a nonconforming building or structure
may not increase the floor area or create a greater nonconformance
than existed at the time of damage or destruction.
H.
Conveyance
of nonconforming use. Nothing in this Code shall be construed to limit
the sale, transfer, or other conveyance of property on which exists
a nonconforming building, structure or use, so long as such sale,
transfer, or other conveyance does not otherwise violate the provisions
of this Code.
I.
Restoration
of conforming use on nonconforming lot. Nothing in this Code shall
be construed to prevent the reconstruction or replacement of a pre-existing
building or structure conforming as to use on a nonconforming lot,
so long as such lot did not become nonconforming in violation of the
provisions of this Code.
J.
Special status of dwelling units. Notwithstanding the restrictions of any other Section of this Code, all dwellings existing in commercial districts (PO, CBD, C1, C2, C3) and built before the date of this provision (September 24, 2008) are considered conforming to the base district. If any building on said properties is destroyed by acts described in Subsection 12.08.010(G) (i.e., not intentionally destroyed), it may be rebuilt to the standards of the MR29 zoning district provided that the number of dwelling units is not increased except that a single-family dwelling may be rebuilt as a duplex, subject to the regulation of any applicable Overlay District. A Building Permit for the replacement dwelling must be obtained within 12 months after the date the dwelling unit was destroyed. If said permit expires prior to completion of the replacement dwelling, the special status of the dwelling unit provided by this Section is revoked and only uses allowed by the applicable zoning district will be permitted. If an existing dwelling is converted to a permitted commercial use, the special status granted herein is rescinded and the use of the property must thereafter conform to the requirements of the applicable zoning district.
K.
Application for alterations or repairs. Alterations or repairs of a nonconforming use may be permitted to continue the use in a reasonable manner subject to the provisions of Subsection 12.08.010(F) of this Code. Alteration of any such use shall be permitted when necessary to comply with any lawful requirement for alteration in the use.
L.
Conditions
of approval. In order to assure compatibility of the proposed development
with the surrounding area, conditions may be imposed as conditions
of approval of alteration or repair of a nonconforming use. Such conditions
may include, but are not limited to, the following:
1.
Special
yards and spaces.
2.
Fences
and walls.
3.
Special
parking and/or loading provisions.
4.
Street
dedication and improvements or bonds in lieu of improvements.
5.
Control
of points of vehicular ingress and egress.
6.
Special
provisions for signs.
7.
Landscaping
and the maintenance of grounds.
8.
Control
of noise, vibration, odors, or other similar nuisances.
9.
Limitation
of time for certain activities.
10.
A time period in which a proposed use shall be developed.
11.
A limit of total duration of use.
12.
Transportation improvements to mitigate the impact of increased transportation
and to protect transportation facilities.
M.
General
exceptions to lot size requirements. If a lot of record or series
of contiguous units of land existing in a single ownership were created
in compliance with all applicable laws and ordinances in effect at
the time of their creation and have an area or dimension which does
not meet the lot size requirements of the zone in which the property
is located, the holding(s) may be occupied by a use permitted in the
zone subject to other requirements of this Code. Nothing in this Code
shall be interpreted to limit the sale, transfer, or other conveyance
of any such single lot of record or unit of land.
N.
General
exception for approved subdivision. Nothing in this Code shall be
deemed to prohibit construction of conforming uses on nonconforming
lots or the sale of said lots within subdivisions or land partitions
approved prior to the adoption of this Code, subject to other requirements
of this Code.
(Ord. 3561, § 7, 6-28-2021)
A.
Purpose
and intent. This Section establishes regulations for exterior signs
to further the objectives of the Comprehensive Plan; to protect the
health, safety, and welfare of the general public; to reduce traffic
hazards caused by signs that distract, confuse, and impair the visibility
of motorists, bicyclists, and pedestrians; to ensure the effectiveness
of public streets, highways, and other public improvements; to facilitate
the creation of an attractive, orderly and harmonious appearance of
the City; and to further economic development. To achieve these purposes,
it is necessary to regulate the design, quality of materials, location,
illumination, and maintenance of signs that are visible from public
property, public rights-of-way and private areas open to public travel.
B.
"Abandoned sign"
"Approved plastics"
"Awning"
"Banner"
"Billboard"
"Copy change"
"Curb line"
"Development area"
"Digital billboard"
"Directional sign"
"Directory sign"
"Display surface area"
"Double-faced sign"
"Electronic reader board"
"Electric sign"
"Exempt"
"Flashing sign"
"Freestanding or pole sign"
"Grade"
"Home occupation sign"
"Illegal sign"
"Illuminated sign"
"Incidental sign"
"Indirectly lighted sign"
"Install."
"Logo"
"Marquee"
"Murals"
"Non-conforming signs"
"Non-structural trim"
"Portable sign"
"Portable swinger sign"
"Projecting sign"
"Real estate sign"
"Revolving sign"
"Roof sign"
"Sign"
"Sign copy"
"Sign face"
"Sign height"
"Sign structure"
"Spotlight illumination"
"Stadium signs"
"Temporary sign"
"Under marquee sign"
"Vision clearance"
"Wall sign"
"Wind activated sign"
Definitions.
For purposes of this Section, the following terms and phrases shall
have the following meaning. If the general definitions in Section
12.02.100 of this Code conflict, the following definitions shall control
for purposes of this Section:
means those signs not used in conjunction with a business
for more than 90 days.
means as defined in the current Oregon Structural Specialty
Code (OSSC), as adopted by the City of Roseburg.
means any structure made of cloth, vinyl or metal with a
noncombustible frame attached to a building which projects over a
walkway or sidewalk. The area of the awning that contains sign copy
shall be considered a wall sign.
means any non-rigid material such as canvas, vinyl or cloth,
with no enclosing framework that contains advertising copy.
means any sign greater than 200 square feet for one face
shall be considered a billboard.
means the replacing of an existing advertising copy and/or
sign face to reflect an image change without altering the existing
sign structure.
means the line at the face of the curb nearest to the street
or roadway. In the absence of a curb, the curb line shall be established
by the public works director or their authorized representative.
means the area of a commercial, industrial or residential
development that is contained within a single tax lot.
means an outdoor advertising sign that is static and changes
messages by any electronic process or remote control, provided that
the change from one message to another message is no more frequent
than once every eight seconds and the actual change process is accomplished
in two seconds or less.
means a permanent sign which is designed and erected solely
for the purpose of directing vehicular traffic.
means a sign giving the name and room number or location
of the occupants of a building.
means the area enclosed by the display surface of the sign
excluding structural supports. Only one face of a double faced sign
shall be considered in determining the display surface area.
means a sign that has two display surfaces that are used
for advertising.
means an electric sign supported by one or more uprights
in the ground or by an approved method attached to a building wall
which displays a message where the change from one message to another
message is no more frequent than once every eight seconds and the
actual change process is accomplished in two seconds or less.
means any sign containing electrical wiring which is attached
or intended to be attached to an electrical energy source and provides
artificial light either through exposed lighting on the sign face
or through transparent or translucent material from a light source
within the sign.
means signs exempted from normal permit requirements; however,
still subject to those restrictions as stated in this Section.
means an illuminated sign, or a sign constructed of reflective
material to simulate movement, on or within which light is not maintained
stationary and constant in intensity and color at all times. This
description does not include an approved electronic reader board.
means a sign supported by one or more uprights in the ground
and detached from any building or structure.
means the lowest elevation point of the finished ground surface
directly below or at the sign location, and any point within five
feet from the sign location. If the sign or any projection is within
five feet of a public sidewalk, alley, or other public way, the grade
will be the elevation of the sidewalk, alley or public way.
means an on-premise sign identifying a home occupation, as approved in Subsection 12.08.040(J) of this Code.
means any sign that has been installed without a sign permit,
required inspections, or erected in violation of this Code.
means any sign which has characters, letters, figures, or
designs illuminated by internally mounted fluorescent lights or luminous
tubes.
means a sign identifying or advertising associated goods,
products, services or facilities available on the premises. Such incidental
signs include, but are not limited to "trading stamps," "credit cards
accepted," "brand names," "beverages," "price signs" or "services."
means a sign from which light is directed from an external
source such as flood-lights, or gooseneck reflectors.
This term shall mean attach, place, alter, construct, reconstruct,
enlarge or move, and includes the painting of wall signs, but does
not include copy changes on any sign.
means a letter, character, symbol or trademark used to symbolize
or stand for a business that has been registered with the U.S. Patent
and Trademark Office.
means a permanent roofed structure attached to and supported
by the building and projecting over public property and constructed
of durable materials such as metal, glass or plastic.
means an artistic painting applied to and made integral with
a wall surface. The primary purpose of a mural is not to advertise
products marketed within the structure.
means a sign that does not meet the requirements of this
Section for a legal sign.
means material which is molding, battens, caps, nailing strips,
latticing, cutouts or letters and walkways which are attached to the
sign structure.
means a single or double faced sign which is temporary in
nature. The sign or sign frame is not attached permanently to the
building or ground and does not meet the definition of a banner.
means an advertising device that is usually in the shape
of an "A", located on the ground and is easily movable.
means any sign other than a wall sign that projects more
than 12 inches from an exterior wall.
means a temporary sign placed upon the affected property
for the purpose of advertising to the public the sale, rent or lease
of a property or a structure.
means a sign which moves or rotates as if on an axis.
means a sign constructed upon or above a roof or parapet
of a structure.
means any letter, figure, character, marquee, pictorial,
picture, logo, trademark, reading matter, or illuminated service which
is constructed, placed, attached, painted, erected, fastened, or manufactured
in any manner so that it shall be used for the attraction of the public
to any place, subject, person, firm, corporation, performance, article,
machine, merchandise which is displayed in any manner outdoors. Every
sign shall be classified and conform to the requirements of that classification
of this Code.
means any lettering placed on a building wall or on a sign
face.
means the entire area of a sign on which copy may be placed.
means the vertical distance from grade to the highest point
of a sign or a sign structure.
means any structure which supports or is capable of supporting
a sign as defined in this Code.
means spotlight illumination shall mean illumination which
comes from lamps, lenses or devices designed to focus or concentrate
light rays on the source.
means signs located within a sports stadium or athletic field
which are intended for viewing primarily by persons within the stadium.
means a temporary sign is any sign, banner, pennant, balloon
or valance not permanently attached to a building, structure or the
ground.
means a sign which is attached only to a marquee and which
is suspended or projects downward from a marquee and has no portion
of the sign above the bottom surface of the marquee structure.
means a triangular shaped portion of land established at street and driveway intersections as defined in Subsection 12.08.040(F).
means a sign painted on or attached to a building wall that
projects no more than 12 inches from the wall. Hanging signs attached
to a building eave or overhang and not classified as a projecting
sign. Signs placed on, attached to or constructed on a canopy, awning
or marquee, whether or not such structures are located in the public
right-of-way, are also considered wall signs.
means any commercial advertisement flag, pennant, balloon,
spinner or blimp.
C.
Exempt
signs. The following signs or operation shall be exempt from the sign
permit process, but shall adhere to the standards listed below:
1.
Changing
of Copy/Face Change. Changing of copy or face change on signs specifically
designed to allow for this unless the sign face remains empty for
a period of 90 days. If the sign remains vacant for 90 days, it shall
be considered abandoned and shall be removed.
2.
Maintenance.
Normal maintenance and repair of a sign structure or sign service
equipment. Normal maintenance and repair does not include structural
changes, removal and replacement, copy changes or the addition of
electrical wiring.
3.
Public
Signs. Public signs shall include the following: signs of a public
nature, i.e., all signs erected by a public employee in the performance
of a public duty, including, but not limited to, safety signs, danger
signs, signs indicating scenic or historical points of interest; signs
constructed or placed in a public right-of-way by or with the approval
of a governmental agency having legal control or ownership over the
right-of-way; signs owned or constructed or placed under the direction
or authorization of the City.
4.
Under
Marquee Signs. A sign attached to the underside of a marquee. The
maximum height of this sign shall be 12 inches. Such sign shall be
permanently attached to the marquee and shall be a minimum of eight
feet above grade.
5.
Home
Occupation Signs. Home occupation signs for approved home occupation
businesses shall be erected flat against the wall and not exceeding
one and one-half square feet.
6.
Directional
Signs. A sign indicating traffic movements onto or within a premise,
not exceeding six square feet and two and one-half feet in height.
A maximum of one sign per vehicle ingress/egress shall be allowed.
No sign shall be located in any vision clearance area as defined in
the definitions of this Code.
7.
Real
Estate Signs. In any district, there may be two signs located on the
subject property. These signs shall be limited to one wall sign and
one freestanding sign. These signs shall be set back a minimum of
10 feet from the street and shall be no larger than eight square feet
in a residential area, and up to 20 square feet in a commercial or
industrial district.
8.
Election
Campaign Signs. Election campaign signs are permitted to be placed
on private property in any district, subject to the following conditions:
a.
An election campaign sign shall be allowed 90 days prior to any public
election and removed within three days following the final election.
The owner of the property on which the sign is placed shall be responsible
for its removal.
b.
An election campaign sign shall be no larger than 32 square feet.
9.
Building
Construction Signs. A maximum of one sign per contractor and one sign
indicating the business to be located in the new structure is permitted
for the duration of work conducted on the site. Maximum size for each
allowable sign is 32 square feet.
10.
Stadium Signs. Signs located within a sports stadium or athletic
field which are intended for viewing primarily by persons within the
stadium.
11.
Invisible Signs. The primary purpose of invisible signs is to allow
information to be viewed by the business customers once the customer
is on the property. Invisible signs are not intended for viewing from
any public right-of-way, private right-of-way, or another development
site. Examples could be building identification within a large complex,
safety award signs, etc. All outside locations are to be reviewed
and approved prior to installation by the building official.
12.
Neighborhood Watch, Drug Free Zone, and Business Alert Signs. Neighborhood
Watch, Business Alert, and Drug Free zone signs shall be located solely
on private property. Maximum size for these signs is six square feet.
Signs cannot be located in any vision clearance area.
13.
Drive-Up Menu Boards. Menu boards placed in a driveway specified
for drive-up transactions shall be used solely for vehicular and pedestrian
product purchasing or transaction information. This sign shall be
located out of the front yard setback and will be located where the
primary viewing is to the drive-up customers. Maximum height of this
sign will be eight feet and maximum size will be 40 square feet. Each
drive-up will be limited to two menu boards through exempt status.
Additional menu boards will be counted in the permitted allowable
signs for the district (i.e., counted as one wall sign if placed on
the structure). These signs shall be used only for providing product
or transaction information necessary for utilizing the drive-up.
14.
Parking Lot Signs. Signs for accessible parking and towing zones
on private property shall be allowed without obtaining a sign permit.
These signs shall not exceed six square feet in total size, or exceed
seven feet in total height above grade. The number of allowable accessible
parking signs is based on the required parking for the specific approved
development area. All signs shall be permanently attached either to
a building or secured in concrete.
15.
Murals. A mural on a wall located in a commercial, public land, or
industrial district. The size of the mural is not regulated.
16.
Special Event/Holiday Signs. Temporary signage as part of an approved
City license or approved City special event.
17.
Portable Signs. Each business located in areas zoned other than residential
shall be allowed to place two portable signs on their property without
obtaining permits. Each portable sign shall not exceed two feet by
three feet per face. Portable signs shall be located on private property
where practicable or when placed in the public right-of-way must not
create a hazard or interfere with pedestrian and/or vehicular travel.
Signs are allowed only during regular business hours of the business
presenting the portable sign. Signs shall be placed to conform to
all relevant portions of the Americans with Disabilities Act, and
maintain a continuous, clear sidewalk width of 48 inches or more.
Signs shall be placed to avoid conflict with opened doors of parked
vehicles. The sign shape, colors and appearance shall not be similar
to any traffic control device. The final determination of signs that
are unacceptable due to appearance similar to traffic control devices
shall be by the city engineer, to all other provisions of this Section,
and the requirements of this Code.
18.
Temporary Signs. Signs authorized under Paragraph 12.08.020(E)(3)
or otherwise any sign, banner, pennant, balloon or valance not permanently
attached to a building, structure or the ground.
D.
Prohibited
signs. The following signs are prohibited:
1.
Abandoned
Signs. Those signs not used in conjunction with the business located
on the premises for more than 90 days.
2.
Illegal
Signs. Signs installed without the required permit, inspection approvals,
or those improperly constructed.
3.
Signs
Interfering with a Traffic Control Device. Any sign blocking or creating
confusion with a traffic control device.
4.
Motor
Vehicle Signs. Signs placed on or painted on a motor vehicle, trailer
or manufactured home which is to be parked on a lot with the purpose
of providing additional signs on or for property not otherwise permitted.
5.
Rotating
or Flashing Signs. Signs in which the sign face moves or lights flash,
travel or reflect. This does not include approved, permitted electronic
reader boards.
6.
Portable Signs. A sign which is not permanently anchored to a building or the ground, unless approved under special permit as described in Subsection 12.08.020(E) of this Code.
7.
Posters.
Any sign attached to any tree or public utility pole.
8.
Emitting
Signs. Any sign that emits an audible sound, odor or visible matter.
9.
Prohibited
Sign Materials. Any sign constructed of paper, cardboard or unpainted
unstained plywood material or any other material not specifically
allowed by Oregon Specialty Code or without the building officials
approval.
10.
Exterior Fencing. No signs which are intended for viewing from the
exterior of the property shall be allowed to be attached to exterior
fencing. Fencing is defined as a structure which serves as an enclosure,
barrier or screen that is not part of a building.
11.
Signs within or projecting over the public right-of-way not authorized
by a government agency.
12.
No sign shall be illuminated or use lighting where such lighting
is directed at any portion of a traveled street or will otherwise
cause glare or impair the vision of the driver of a motor vehicle.
E.
Permit procedures. Except as specified in Subsection 12.08.020(C), no person shall erect, construct, alter or relocate any sign unless a permit has been obtained from the building official. A separate electrical permit shall be required for each sign service equipment as specified in the Electrical Specialty Safety Code. Sign permits shall be issued only to contractors licensed in accordance with city and state regulations, or any property owner or a designee erecting a sign or sign structure on their own property, provided the sign erection work is performed by a person regularly and directly under their employ. The following requirements shall be included with each sign permit application:
1.
Permit
Applications. Two complete sets of plans, engineering calculations,
diagrams and other data shall be submitted with each application for
a permit. The building official may require plans, computations and
specifications to be prepared and designed by an engineer or architect.
a.
A scaled plot plan with building dimensions, setback and location
of proposed signs shall be submitted with the sign permit application.
A photograph of each facade of the building shall be submitted.
b.
A scaled elevation drawing shall be submitted in addition to the
above requirements if a wall mounted sign will be erected.
c.
A description of materials, anchors, footings and attachment systems
shall be provided.
d.
For all freestanding, pole or projecting signs over 20 feet in height,
plans shall be drawn by a registered engineer.
e.
Each application shall include photographs of existing signage on
the property associated with the business.
f.
If the application is for a billboard, the application must include
an approved permit from the state of Oregon under the Oregon Motorists
Information Act of 1971 (ORS 377.700 et seq.) prior to the erection
of the billboard.
2.
Permit-Fees.
Permit fees for permanent and temporary signs, excluding electrical,
shall be set by resolution of the City Council. Only one face of a
double-faced sign will be used for calculation purposes. Each sign
shall be considered separately when calculating plan review and sign
permit charges.
3.
Temporary
Sign Permit Fees. Four permits for each approved development area
shall be permitted per calendar year. The fee for each permit shall
be set by resolution by the City Council. No temporary sign(s) shall
be larger than 60 square feet and be erected for a maximum of 30 consecutive
days per each permit. The temporary sign(s) shall be located completely
on private property and shall be in compliance with the required setbacks
as identified in this Code. A security deposit is required when this
permit is issued. If the applicant fails to remove the temporary sign(s)
by the date specified on the permit, the deposit shall be forfeited
and the city may remove the temporary sign(s). If any temporary signs
are erected without first obtaining a permit, the permit fee shall
be doubled. Temporary signs erected by or for the City for City sponsored
events, authorized by the City, county, state or for a school district,
utility company, or hospital for community events are exempt.
4.
Permit
Issuance.
a.
Compliance. The building official shall not issue a permit unless
the sign and its location are in compliance with the provisions of
this Code. No permit issued shall be transferred to another party.
b.
Expiration. If the sign authorized by a sign permit is not installed
within 180 days after the date the permit is issued, or an inspection
requested to verify progress of the proposed installation, the permit
shall be void. The building official may extend an unexpired sign
permit for a period not exceeding 180 days upon written request by
the permittee showing that circumstances beyond their control have
prevented work on the sign. No permit shall be extended more than
once.
5.
Penalty
Fees. The fee for any sign permit where the applicant begins work
(and/or erects or re-erects a sign) prior to obtaining a sign permit,
shall be double the fee specified by resolution of the City Council.
6.
Insurance.
a.
Every property owner or designee who applies for a permit to erect,
alter, or maintain a sign which projects more than 12 inches over
public property, shall file with the building official copies of their
public liability and property damage insurance policies. These policies
shall be maintained in full force and effect during the time the sign
remains over public property. Public liability insurance shall be
consistent with City insurance policies described in this Code, which
includes accidental death to any person. The policy shall contain
a requirement of notice of cancellation to the city.
b.
Any sign company erecting a sign owned by the company shall comply with Subsection 12.08.020(E) of this Code.
F.
Standards
and criteria.
1.
Setbacks and Siting Standards. No sign or sign structure shall be installed within a public utility easement or right-of-way. No sign or sign structure shall be installed within a five-foot setback from the property line. The property line must set back a minimum of 15 feet from the curb in order to be considered for an exemption from the five-foot setback from any property line. No sign shall be located within the clear vision area pursuant to Subsection 12.08.040(F). All signs shall be located entirely on private property unless they are located in the Central Business District where projection over the right-of-way is permitted with the appropriate insurance requirements.
a.
General. All signs shall conform to the clearance and projection
requirements of this Section or as specified in specific sign district.
b.
Clearance From High Voltage Power Lines. Signs shall be located as
specified in the current National Electric Safety Code, and by the
public utility commission.
c.
Clearance From Fire Escapes, Exits or Standpipes. No sign or sign
structure shall be erected in such a manner that any portion of its
surface or supports will interfere in any way with the free use of
any fire escape, exit or standpipe.
d.
Clearance and Access, Roof Signs. No sign shall obstruct any openings
to such an extent that light or ventilation is reduced to a point
below that required by Uniform Building Code.
e.
Sign Adjacent to Wall Openings. Signs erected within five feet of
an exterior wall opening shall be constructed of non-combustible material
or approved plastics.
f.
Clearance Over Vehicle Use Area. The minimum clearance of all signs
projecting over any portion of a vehicle use area shall be 16 feet.
Bollards or other physical barriers capable of protecting all portions
of the sign projecting over the vehicle use area may be used to satisfy
this standard.
g.
Sign proposals within the Airport Overlay shall comply with Subsection 12.04.080(C).
h.
All signs visible to state highways shall be reviewed by ODOT and
meet basic requirements consistent with ORS 377.720.
2.
Residential
District Sign Standards. The following sign standards have been established
for residential districts:
a.
Home Occupation. Each single family or duplex dwelling unit that
has received development approval for home occupation shall be allowed
one non-illuminated wall sign of not more than one and one-half square
feet.
b.
Multifamily Dwellings, Mobile Home Parks, Day Care Facilities, Subdivisions,
Residential Facilities, Parks/Playgrounds, Ambulance Service, Nursing
Homes, Privately-Operated Kindergarten, and Bed and Breakfast Facilities.
Each use shall be allowed one wall sign or freestanding sign at each
public vehicular entrance of not more than eight square feet for one
face, or 16 square feet for two or more faces. The maximum height
for freestanding signs shall be five feet above grade. The maximum
height for wall signs shall be 20 feet above grade, provided that
in no case shall a wall sign extend above the building wall. Internally
illuminated signs shall be prohibited.
c.
Professional Office Uses Authorized in a Residential District. Each
approved development area shall be limited to one freestanding sign
and one wall sign. The freestanding sign shall be a maximum of 16
square feet for one face and 32 square feet for two or more faces.
The wall sign shall be a maximum of 16 square feet. Freestanding signs
or wall signs shall not be more than eight feet above grade. Each
detached building shall be permitted one additional wall sign not
to exceed eight square feet. Internally lighted signs shall be prohibited.
d.
Religious Institutions. Each approved development area shall be limited
to two freestanding signs and one wall sign. The signs shall be a
maximum of 32 square feet for one face and 64 square feet for two
or more faces. Freestanding signs or wall signs shall not be more
than eight feet above grade. Each detached building shall be permitted
one additional wall sign not to exceed eight square feet. Neon signs
are prohibited.
3.
Non-Residential
Zones. The following sign standards have been established for non-residential
districts:
a.
Public Reserve (PR), Limited Commercial (C1). Each approved development
area shall be allowed:
i.
One freestanding sign not to exceed 50 square feet per sign face,
with a maximum size of 100 square feet for two or more faces. This
sign cannot exceed 20 feet in height above grade and shall not be
internally illuminated. No roof signs shall be permitted.
ii.
Two wall signs, with a maximum combined area of 50 square feet and
cannot exceed 20 feet in total height above grade. Wall signs are
also prohibited from being internally illuminated.
iii.
Logos. Logos are allowed in addition to the permitted wall signs
listed above provided the logo is the logo of the business residing
on the premises and provided the total square footage of the permitted
wall sign and the logos do not exceed a combined area of 32 square
feet. A permit is required for each logo that is being installed based
on the square footage of the proposed logo.
iv.
Illumination from Signs on Non-Residential Property. External illumination
shall be shielded so that the light source elements are not directly
visible from property in a residential zone which is adjacent to or
across a street from the property in the non-residential zone.
b.
Community Commercial (C2). These standards apply for all property
located in C2 Districts:
i.
Single Businesses. Each business shall be permitted a maximum number
of four wall signs totaling 350 square feet for all faces.
ii.
Freestanding and Projecting Signs. In addition to wall signs permitted
above, one sign from this group may be permitted for each approved
development area. The total area permitted for a freestanding sign
or projecting sign shall be 100 square feet for one face or 200 square
feet for two or more faces at a maximum of 20 feet above grade.
iii.
Second Story Businesses and Above. Two wall signs per business
shall be permitted with a maximum sign display area of 175 square
feet for all faces.
iv.
Logos. Logos are allowed in addition to the permitted wall signs
listed above provided the logo is the logo of the business residing
on the premises and provided the total square footage of the permitted
wall signs and the logos do not exceed a combined area of 350 Square
feet for single story businesses and 175 square feet for second story
businesses. A permit is required for each logo that is being installed
based on the square footage of the proposed logo.
v.
Illumination from Signs on Non-Residential Property. External illumination
shall be shielded so that the light source elements are not directly
visible from property in a residential zone which is adjacent to or
across a street from the property in the non-residential zone.
c.
Central Business District (CBD). Each business in this district shall
be limited to three signs.
i.
Wall Signs. Each business shall be allowed the following:
ii.
First Story Businesses. First story businesses facing a public street
shall be permitted signage of three square feet per lineal foot of
building wall.
iii.
Second Story Businesses and Above. Second story businesses facing
a public street shall be permitted signage of one and one-half square
feet per lineal foot of building wall.
iv.
Freestanding or Projecting Signs. Each building shall be permitted
one freestanding sign or projecting sign which shall be limited to
a maximum area of 50 square feet for one face and 100 square feet
for two or more faces. The maximum height for freestanding signs shall
be 20 feet above grade. No roof signs will be permitted.
v.
Encroachment. The minimum height for all signs encroaching in the
public right-of-way shall be eight feet above grade. The maximum encroachment
into the public right-of-way shall be six feet, provided that no sign
shall encroach within two feet of any curb or driveway line.
vi.
Logos. Logos are allowed in addition to the permitted wall signs
listed above provided the logo is the logo of the business residing
on the premises and provided the total square footage of the permitted
wall signs and the logos do not exceed a combined area of three square
feet per lineal foot of building wall for first story businesses and
one and one-half square feet per lineal foot of building wall for
second story businesses. A permit is required for each logo that is
being installed based on the square footage of the proposed logo.
vii.
Illumination from Signs on Non-Residential Property. External
illumination shall be shielded so that the light source elements are
not directly visible from property in a residential zone which is
adjacent to or across a street from the property in the non-residential
zone.
d.
Professional Office (PO), General Commercial (C3), Mixed Use (MU),
Light Industrial (M1), Medium Industrial (M2), and Heavy Industrial
(M3).
i.
Maximum Height. The maximum height for all signs is 25 feet from
grade to the top of the sign.
ii.
Single Businesses. Each business shall be permitted a total number
of four wall or projecting signs with a maximum of 350 square feet
for all faces.
iii.
Freestanding or Roof Sign. In addition to wall signs permitted
above, one sign from this group shall be permitted for each approved
development area. The total area permitted shall be 100 square feet
for one face or 200 square feet for two or more faces.
iv.
Directional Signs. Each approved development area of at least five
acres shall be permitted one directional freestanding sign of 200
square feet for one face and 400 square feet for two or more faces.
v.
Logos. Logos are allowed in addition to the permitted wall signs
listed above provided the logo is the logo of the business residing
on the premises and provided the total square footage of the permitted
wall signs and the logos do not exceed a combined area of 350 square
feet. A permit is required for each logo that is being installed based
on the square footage of the proposed logo.
vi.
Illumination from Signs on Non-Residential Property. External illumination
shall be shielded so that the light source elements are not directly
visible from property in a residential zone which is adjacent to or
across a street from the property in the non-residential zone.
4.
Historic
District Overlay.
a.
The size, color, design, material, and location of all signs within the Historic Overlay District shall comply with the standards in Section 12.04.110 of this Code.
b.
Historic House Plaques. Standards for the design, size, material,
placement and content of historic house plaques shall be approved
by the historic commission and kept on file with the director.
c.
One freestanding or wall sign of not more than eight square feet
for one face and 16 square feet for two faces where frontage exists
on a collector or an arterial street. One freestanding or wall sign
of not more than four square feet for one face and 16 square feet
for two faces where frontage exists along a local street.
d.
A freestanding sign shall not exceed five feet in height and a wall
sign shall be no more than 20 feet above grade.
e.
An addition, an entrance identification sign of not more than one
and one-half square feet shall be permitted.
5.
Freeway
District. Commercially and Industrially zoned lots with frontage along
Interstate 5 Freeway within the Harvard/I-5 (Exit 124), Garden Valley/I-5
(Exit 125), and Edenbower/I-5 (Exit 127) overlays (see Figures 4-1,
4-2 and 4-3 below).
a.
Application. The Freeway District standards apply to all signs located
in the geographically bound areas in Figures 4-1, 4-2, and 4-3 that
include billboards and freestanding signs not otherwise permitted
in this Code. All signs that are located outside the designated Freeway
District or fail to meet the sign face requirements shall be considered
non-conforming.
i.
Prior to any site work, the applicant must provide the City with
an approved permit from the state of Oregon for the placement of any
sign or billboard at the specified proposed location under the Oregon
Motorist Information Act of 1971 (ORS 377.700 et seq.)
d.
Sign Face Requirements. All billboards installed along I-5 shall
be a maximum of 500 square feet total. Double faced or one sided billboards
shall be considered as one sign and each side may not exceed the allowable
size as listed above.
e.
Abandoned Billboards. Billboards shall be considered abandoned and
shall be removed if left vacant and/or left in a state of disrepair
for more than 90 days.
6.
Schools.
Every public, federal or state funded school shall be allowed a maximum
of three wall signs not to exceed a total combined area of 80 square
feet and one freestanding sign not to exceed 40 square feet. Neon
signage will not be allowed.
7.
Logos.
Logos are allowed in addition to the permitted wall signs listed above
provided the logo is the logo of the business residing on the premises
and provided the total square footage of the permitted wall signs
and the logos do not exceed a combined area of 80 square feet. A permit
is required for each logo that is being installed based on the square
footage of the proposed logo.
8.
Illumination
from Signs on Non-Residential Property. External illumination shall
be shielded so that the light source elements are not directly visible
from property in a residential zone which is adjacent to or across
a street from the property in the non-residential zone.
9.
Other
Uses. In cases where the standards within this Section do not specifically
address a sign requested in conjunction with a permissible use, the
Director shall make a written interpretation of the Code, which shall
be kept in the permanent record for that application.
G.
Nonconforming
signs. For the purpose of this Section, a non-conforming sign shall
be defined as a legal sign existing on the effective date of July
1, 2016.
1.
Compliance.
All on-site, non-conforming signs prohibited in this Code shall be
removed when the current business ceases to operate.
2.
Damaged
Non-Conforming Signs. Should any non-conforming sign be damaged by
any means to the extent of more than 50 percent of its replacement
cost or sign area at the time of damage, it shall be reconstructed
in conformance with this Code.
3.
Enlarging
Non-Conforming Signs. No non-conforming sign may be enlarged or altered
in a way that would increase its nonconformity.
4.
Abandoned
Signs. Any sign or sign structure that remains empty for a period
of 90 days shall be considered an abandoned sign. Any non-conforming
sign and/or sign structure located on property previously used by
a business that ceases operation shall be removed. Conforming, abandoned
signs shall have the sign face covered or reversed so no sign copy
is visible.
5.
Annexed
Areas and Areas within the Roseburg City Limits. Except as otherwise
provided in this Section, all signs in areas annexed to the city after
the date of adoption of this code and which do not conform to the
provisions of this Code, shall be regarded as non-conforming signs.
These signs may remain until the current business ceases to operate
then they shall be removed.
6.
Existing
Non-Conforming Signs. When an application is made for new signs on
property which has existing non-conforming signs, permits may be issued
provided the proposed signs together with the existing signs do not
exceed the allowable number and types of permitted signs.
H.
Construction
and maintenance.
1.
General.
The supports for all signs or sign structures shall be securely built,
constructed and erected in conformance with the requirements of this
Code.
2.
Materials.
Materials for construction of signs and sign structures shall be of
the quality and grade as specified for buildings in the Oregon Structural
Specialty Code.
3.
Display
Surfaces. Display surfaces may be made of metal, glass or approved
plastics. Sections of approved plastics on wall signs shall not exceed
225 square feet in area. When more than one section is used, they
shall be separated three feet laterally and six feet vertically.
4.
Approved
Plastics. The Building Official shall require that sufficient technical
data be submitted to substantiate the proposed use of any plastic
material and, if it is determined that the evidence submitted is satisfactory
for the use intended, the Building Official may approve its use.
5.
Condition
of Signs. All signs, sign structures, and components shall be maintained
in good repair and in a safe and clean condition. All signs judged
by the Building Official to not be in good repair and in a safe and
clean condition shall be considered nuisances and subject to abatement
proceedings.
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FIGURE 4-1: I-5 EXIT 124 (HARVARD AVENUE)
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FIGURE 4-2: I-5 EXIT 125 (GARDEN VALLEY BOULEVARD)
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FIGURE 4-3: I-5 EXIT 127 (EDENBOWER BOULEVARD)
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A.
Purpose
and intent. The provisions of this Section are made to establish a
reasoned approach for the construction, placement, modification, maintenance,
and removal of telecommunication facilities. The establishment of
these regulations recognizes the need of telecommunication providers
to build out their systems over time to provide wireless telecommunication
services to municipal residents and businesses. The specific purposes
of this Section are as follows:
1.
To
minimize the number of transmission towers throughout the community;
2.
To
encourage the co-location of telecommunication facilities;
3.
To
encourage the use of existing buildings, structures, utility poles
or water towers as opposed to the construction of new telecommunication
towers;
4.
To
ensure that all telecommunication facilities are located and designed
to minimize the visual impact on the immediate surroundings and throughout
the community; and,
5.
To
minimize public inconvenience and disruption.
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It is not the intent of the City to discriminate among providers
of functionally equivalent services, or to prohibit or have the effect
of prohibiting the provision of wireless services.
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B.
"Ancillary facilities"
"Antenna"
"Co-location"
"Provider"
"Stealth design"
"Substantial change"
"Support structure"
"Telecommunication facility"
"Telecommunication service"
"Tower"
"Tower, broadleaf"
"Tower, guyed"
"Tower, lattice"
"Tower, monopine"
"Tower, monopole"
Definitions.
For the purposes of this Section, the following terms and phrases
shall have the following meaning. If the general definitions in Section
12.02.100 of this Code conflict, the following definitions shall control.
means the buildings, cabinets, vaults, closures, and equipment
required for operation of telecommunication facilities including but
not limited to repeaters, equipment housing, and ventilation and other
mechanical equipment.
means an electrical conductor or group of electrical conductors
that transmit or receive radio waves, excluding amateur radio antennas.
means the mounting or installation of an antenna on an existing
tower, or support structure for the purpose of transmitting or receiving
radio frequency signals for communications purposes.
means a person in the business of offering telecommunication
services for monetary or other consideration.
means a telecommunication facility that is designed or located
in such a way that its appearance is not readily recognizable as telecommunications
equipment.
means the alteration of a telecommunication facility that
would increase the overall height of the facility by more than 10%,
or the addition of an appurtenance to the body of the tower or support
structure that would protrude from the edge more than 50% of the width
of the tower or support structure at the level of the appurtenance
or protrude by more than 10 feet, whichever is less. For the purposes
of this definition, measurements are based on the dimensions of the
telecommunication facility that were approved as part of the original
Conditional Use Permit.
means an existing building or structure, other than a tower,
to which an antenna and ancillary facilities is or will be integrated
architecturally thereby effectively camouflaging or concealing.
means a facility designed or used for the purpose of transmitting,
receiving, or relaying wireless voice or data signals from one or
more telecommunication services, consisting of but not limited to
towers, poles, antennas, or other structures.
means the business of transmission, for money or other consideration,
wireless telecommunications in electromagnetic, electronic, or optical
form. This includes but is not limited to cellular radiotelephones,
personal communications services, enhanced/specialized mobile radios,
commercial paging services, and digital television.
means any structure built for the sole or primary purpose
of supporting antennas and their associated facilities.
means a monopole tower designed to mimic a deciduous tree.
means a tower supported by the use of permanently anchored
cables (guy wires).
means a tower characterized by an open framework of lateral
cross members that stabilize the tower.
means a monopole tower designed to mimic a coniferous tree.
means a single upright pole, engineered to be self-supporting
without lateral cross supports or guys.
C.
Permit
procedures.
1.
Permit Required. No telecommunication facility, as defined in Subsection 12.08.030(B), shall be constructed, modified, installed, or otherwise located within the City without first gaining approval through the following types of review.
a.
Conditional Use Permit. The installation or replacement of a tower, the modification of a telecommunication facility that results in a substantial change, and a co-location onto a support structure shall require a Conditional Use Permit, the criteria for which shall be supplemented by Subparagraphs 12.08.030(C)(3)(b-c) and Subsection 12.08.030(D).
b.
Site Plan Review. Pursuant to P.L. 112-96, Section 6409(a), and notwithstanding
any provision of this Section to the contrary, a request for a modification
of an existing telecommunication facility for the co-location of new
transmission equipment shall be approved ministerially without the
processing of a Conditional Use Permit provided that such modification
does not substantially change the physical dimensions of such telecommunications
facility, as defined by this Section, from the dimensions approved
as part of the original Conditional Use Permit for the telecommunication
facility.
c.
Oregon Department of Aviation Review (ODA). Any alteration of a telecommunication
facility that would increase the overall height of the facility shall
be reviewed by the ODA. Approval from the ODA is a prerequisite to
local approval regardless of the type of local review process.
d.
Exemptions:
i.
Siting of dish antennas less than one meter in diameter and solely
for the benefit of persons residing on a property.
ii.
Ordinary maintenance or repair of a wireless communications facility.
iii.
Siting of temporary wireless communications facilities that
are used by a public agency for emergency communications, emergency
preparedness, or other public health or safety purposes.
2.
Fee.
The fee for any telecommunication facility that has been erected or
substantially changed without an applicable permit shall be double
the regular permit fee.
3.
Application
Requirements:
a.
Co-location or Installation of Antennas. In addition to standard
required application material, an applicant who proposes to co-locate
an antenna onto an existing tower shall submit the following information:
i.
A description of the proposed antenna's location, design and overall
height above grade after installation.
ii.
A statement documenting whether or not placement of the antenna is
designed to allow future co-location of additional antennas.
iii.
Written statements from the Federal Aviation Administration,
the Oregon Department of Aviation, and the Federal Communication Commission
stating that the proposed wireless communication facility complies
with regulations administered by that agency, or that the facility
is exempt from regulation.
iv.
A written statement indicating whether the frequency used by the
applicant is in close proximity to the frequency used by local public
safety officials. If the frequency is so close as to potentially interfere
with public safety communications, the applicant shall provide a technical
evaluation indicating the range of potential interference problems,
shall consult with public safety officials about the evaluation, and
shall agree in writing to cooperate in good faith with public safety
officials to minimize interference to the greatest extent possible
prior to installing its facilities.
b.
Construction or Substantial Change of Telecommunication Facility.
In addition to standard required application material, an applicant
for the construction or substantial change of a telecommunication
facility shall submit the following information:
i.
A description of the proposed location, design, and height of the
facility or modification thereof above grade as well as the elevation
above mean sea level.
ii.
The general capacity of the tower in terms of the number and type
of antennas it is designed to accommodate.
iii.
A signed agreement stating that the applicant will allow co-location
with other users, provided that all safety, structural, and technological
requirements are met. This agreement shall also state that any future
owners or operators will allow co-location on the tower.
iv.
A landscaping plan (if applicable), drawn to scale, of the proposed
and existing landscaping, including type, spacing, size, and irrigation
methods.
v.
Written statements from the Federal Aviation Administration, the
Oregon Department of Aviation, and the Federal Communication Commission
stating that the proposed wireless communication facility complies
with regulations administered by that agency, or that the facility
is exempt from regulation.
c.
Conditional Use Permit Applications. In addition to the application requirements specified above and criteria listed in Section 12.10.080(F), applications for Conditional Use Permits shall include the following information.
i.
A visual impact analysis showing the appearance of the proposed tower,
or ancillary facility from at least three points within a one-mile
radius. The analysis shall include the following:
A.
A map of the vicinity within one mile of the proposed facility that
identifies the location of the vantage points from which the photo-simulations
are generated;
B.
Photo-simulations, elevations or other visual or graphic simulations
that shows the proposed facilities in place; and,
C.
An assessment of potential mitigation measures.
ii.
Documentation that alternative sites within a one-mile radius of
the proposed site have been considered for technological feasibility
and availability. Provide documentation why other technologically
feasible or available sites are unacceptable.
iii.
Documentation that co-location is impractical on support structures
for reasons of structural capacity, safety, available space, or failing
to meet service coverage area needs.
iv.
A current overall system plan for the City, showing facilities presently
constructed or approved, and future expansion plans.
v.
A statement explaining the need for the location, design, and height
of the proposed tower or modification of substantial change.
vi.
An analysis of the fall zone for the proposed tower prepared by a
licensed engineer.
D.
Standards
and criteria.
1.
Setback.
A tower shall be set back at least 150% of its height from the nearest
public road. All measurements are from the tower base except that
a guyed tower shall be measured from the guy wire ground attachment.
2.
Building Code Compliance. The construction of all telecommunication facilities shall comply with Chapter 10.04 of this Code and the International Building Code that is in effect at the time the building permit is approved.
3.
Co-location
onto Support Structure. Co-locations onto support structures shall
not exceed the original height of the existing support structure attached
thereto, however, additions to the support structure may be reviewed
concurrently in order for an antenna to attain necessary height, but
in no case shall an antenna or ancillary facility be the highest feature.
4.
Construction
of New Towers. All new towers shall incorporate stealth design techniques
that camouflage or conceal antennas and ancillary facilities by utilizing
the faux or real structures such as clock towers, bell towers, steeples,
flagpoles, advertising signs, trees, and public art. A stealth facility
shall be designed and constructed in a scale substantially in conformity
with and/or architecturally integrated with surrounding building designs
or natural settings to minimize the adverse visual impact and ensure
the facility is compatible with the environment in which it is located.
The total height of a tower and any appurtenance shall be no more
than 20 feet higher than structures within 100 feet. Methods of stealth
design include, but are not limited to:
a.
Monopine or Broadleaf Towers shall conform to the following development
standards:
i.
Must be located within 50 feet of a group (three or more) of similar
mature trees and shall not exceed the tallest tree of the group by
more than 20 feet in height (subject to other height restrictions);
ii.
The pole structure must be built of steel or fiberglass and clad
with faux bark. The faux bark shall start at the base of the pole
and continue to the height of the first branch attachment. The balance
of the pole structure and the attachments must be painted to blend
with the branches;
iii.
The diameter of the pole structure must not exceed 36 inches
at the base and shall taper to no greater than 28 inches at the top
of the pole structure;
iv.
All cables must be concealed within the pole structure;
v.
The branches must:
A.
Be constructed to a density of 2.5 branches for each one vertical
foot of pole;
B.
Start attachment at no greater than 15 feet above finished grade
and continue to the top of the pole; and,
C.
Be a minimum of eight feet long around the circumference of the lower
level and shall taper appropriately as the branches progress upwards.
vi.
The entire length of all antennas and their attaching apparatus shall
be disguised by the branches and the antenna array shall not extend
more than 30 inches from the structure to which it is attached;
vii.
Microwave dishes shall be limited to one square foot in size
and must be painted the same shade of green as the branches. The attaching
apparatus must also be painted the same shade of green as the branches;
viii.
No more than four microwave dishes are permitted on each monopine
or broadleaf tree;
ix.
No climbing pegs are permitted on the pole structure; and,
x.
The installation of a monopine or broadleaf tower tree should be
done in a manner that minimizes the removal of mature vegetation.
c.
A flagpole shall be required to fly a flag in compliance with the
accepted protocol for the type of flag flown. The flag and pole shall
be visible from the building entrances used by the public. The diameter
of the pole structure must not exceed 24 inches;
d.
Unspecified structures shall meet the definition of "stealth design"
and the following design guidelines:
i.
The maximum allowable width of an antenna array is four feet;
ii.
The antenna shall not extend more than 12 inches from the structure
to which it is attached;
iii.
The maximum allowable length of each antenna array is 10 feet;
iv.
All cables must be concealed within the support structure or fully
enclosed within a cable shroud;
v.
Microwave dishes shall be limited to two square feet in size; and,
vi.
All antennas and ancillary facilities must blend into the surroundings;
however, artwork (e.g. statues) may have unique colors.
5.
Visual
Impact.
a.
Towers and attached antennas shall be made of galvanized steel, painted
in neutral shades that are compatible with the surrounding environment,
or constructed according to a stealth design, as approved by the City.
Ancillary facilities shall be finished in such a way as to blend with
the surrounding environment.
b.
The lowest six feet of the facility or tower shall be visually screened
by trees, large shrubs, or a solid wall/fence.
c.
Towers shall be located so that visual impacts from any point within
the City to the ridgelines surrounding the City shall be minimized
to the greatest possible extent.
d.
Whenever co-locations are proposed on a support structure, the antennas
shall be designed to appear as architectural elements, painted the
same color as, or closely compatible with, the support structure,
concealed to the greatest extent possible, and extend no more than
12 inches horizontally from the structure. All ancillary facilities
and cables shall be completely concealed by the existing support structure
or new architectural features proposed to be installed concurrent
with the co-location.
6.
Tower
Height. Telecommunication facility towers shall be subject to the
height limitations of the Zoning District in which the facility will
be located as well as the height limitations in Paragraph 12.08.030(D)(15)
as outlined below. The height and mass shall not exceed that which
is essential for its intended use and public safety.
7.
Separation
between Towers. No tower shall be constructed within 2,000 feet of
any existing tower, unless this requirement is specifically waived
by the City for purposes of mitigating visual impact or improving
compatibility with other uses of the property.
8.
Co-location.
Joint use of any new telecommunication tower is required whenever
feasible. New towers shall be designed to accommodate co-location
of additional providers. Providers who own or manage towers shall
provide co-location sites for additional telecommunication service
providers at a reasonable cost, to the extent practicable. All collocated
facilities shall be designed in such a way as to be visually compatible
with the structures on which they are placed.
9.
Fencing.
Telecommunication facilities shall be surrounded with protective fencing
and entered through a locked gate. Barbed wire is permitted in all
non-residential zoning districts.
10.
Driveways. All driveways and parking areas constructed to serve telecommunication facilities shall be paved with concrete or asphalt per design standards specified in Chapter 12.06 of this Code and designed to support emergency equipment and of sufficient width, with approved turn-around in accordance with Uniform Fire Code rules and regulation.
11.
Display. No signs, striping, graphics, or other attention-getting
devices shall be permitted on towers, except that one non-illuminated
sign, not to exceed three square feet, is permitted to identify the
owner and to provide emergency contact information.
12.
Lighting. No lighting shall be permitted on towers except as required
by the Federal Aviation Administration or the Oregon Department of
Aviation.
13.
Removal of Wireless Telecommunication Facilities. A lease agreement
between the property owner(s) and the provider shall be made available
including a provision establishing responsibility for the removal
of a wireless telecommunication facility within one year after active
operation has been discontinued. The property owner(s) shall be responsible
for ensuring that this provision of the lease is met. The City is
an intended third party beneficiary of the lease provision and shall
be recorded as such with the County Clerk as a deed covenant.
14.
Maintenance. All telecommunication facilities shall be maintained
in good repair and in a safe and clean condition. All telecommunication
facilities determined by the Building Department to be in other than
good repair or a safe and clean condition shall be considered nuisances
and subject to abatement proceedings.
15.
Specific Standards and Criteria by Zone. All criteria of the underlying
Zoning District shall apply unless superseded by the following standards/criteria.
a.
Telecommunication Facilities in Residential Zones. In the R10, R7.5,
R6, MR14, MR18, MR29 and MR40 zones, telecommunication facility towers
are prohibited.
b.
Telecommunication Facilities in Non-Residential Zones:
i.
C1, C2, C3, PO, PR, RO Zones. The maximum height for any antenna
or tower shall not exceed 10 feet above the tallest structure on the
subject property and/or within 50 feet of the antenna or tower. If
no other structures are located on the property the height shall not
exceed that permitted by the underlying zoning.
ii.
CBD Zone. Co-locations on support structures shall be allowed upon
Conditional Use Permit approval, subject to the following conditions:
Documentation of compliance with Section 106 of the National
Historic Preservation Act and the Nationwide Programmatic Agreement
for the Co-location of Wireless Antennas in the Roseburg Downtown
Historic District shall be submitted with the application.
iii.
MU, M1, M2, and M3 Zones. The maximum height for any antenna
or tower shall not exceed 100 feet from grade.
iv.
Airport District.
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Co-locations on support structures are permitted upon Conditional
Use Permit approval.
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A.
Similar uses. The Community Development Director may permit in any zone a use not listed in this Code, if the requested use is of the same general type and is similar to the uses permitted within the zone. However, the Director may request the Planning Commission's interpretation pursuant to Section 12.02.070 of this Code. The decision of the Director may be reviewed by the Commission on its own motion, or appealed to the Commission pursuant to Subsection 12.10.010(Q) of this Code.
B.
Maintenance
of minimum requirements. No lot area, yard, or other open space existing
on or after the effective date of this Code shall be reduced below
the minimum required for it by this Code, and no lot area, yard, off-street
parking, and loading area or other open space which is required by
this Code for one use shall be used as the required lot area, yard
or other open space for another use. This Section does not apply to
area requirements reduced below the minimum as a result of the creation
of cemetery lots.
C.
General
exception to yard requirements. The following exception to yard requirements
is authorized for a lot in any Zoning District:
D.
General
exceptions to building height requirements. Vertical projections such
as chimneys, spires, domes, elevator shaft housings, towers, aerials,
flagpoles, and similar objects not used for human occupancy or storage
of materials or products are not subject to the building height limitations
of this Code unless otherwise specified by the regulations of the
Airport Impact Overlay or of Telecommunication Facilities.
E.
Projections
from buildings. Architectural features such as cornices, eaves, canopies,
sun shades, gutters, chimneys, and flues shall not project more than
25 inches into a required yard unless otherwise provided for in this
Code.
F.
Clear
vision areas. A clear vision triangle area shall be maintained at
the corner of all properties at the intersections of two streets,
or at a street and a railroad, alley, or driveway in accordance with
Subparagraphs 12.08.040(F)(4)(a-c). The clear vision triangle area
shall be free of visual obstructions between three feet and 12 feet
in height above the finished grade of the driving surface, except
as provided in Subparagraphs 12.08.040(F)(1-4) below.
1.
A
single public utility pole;
2.
A
single tree trimmed (to the trunk) to a line at least nine feet above
the finished grade of the driving surface;
3.
An
official street sign or signal;
4.
Two
sign poles with a maximum cross-section of any sign pole not exceeding
12 inches; and,
a.
Street or Railroad Intersections: A clear vision triangle area shall
be formed by connecting a straight line from the edge of the curb
a distance of 50 feet along each street or railroad as shown in Figure
4-4. Where curbs have rounded corners, the measurement shall be based
on the edge of the curb extended to the point of intersection.
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FIGURE 4-4: CLEAR VISION AREA FOR STREET AND RAILROAD
INTERSECTIONS
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b.
Alley or Driveway Intersections: A clear vision triangular area shall
be maintained at the intersection of an alley and a street, a driveway
and a street, two driveways, or two maneuvering aisles within a parking
lot. The required clear vision triangle area shall be formed by connecting
a straight line at a distance of 30 feet of each street and 20 feet
along the edge of the driveway or alley as shown in Figure 4-5. In
the case of two internal parking lot driveways/maneuvering aisles
the clear vision area shall be established by connecting a straight
line at a distance of 10 feet deep along each driveway/aisle.
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FIGURE 4-5: CLEAR VISION AREA AT A DRIVEWAY OR ALLEY
 |
c.
Supplemental Standards:
i.
Additional clear vision area may be required at certain intersections,
particularly those intersections with acute angles, vertical or horizontal
accesses, as directed by the Public Works Director.
ii.
Public Works shall determine the clear vision area on a lot fronting
a street without a curb by measuring from the street centerline to
the assumed curb as shown in Table 4-4 above. The appropriate distance
from centerline to assumed curb shall be determined by the improved
street standard found in Table 6-1.
iii.
Intersections with a state highway may require additional clear
vision area and shall be coordinated with ODOT. If the ODOT standard
is determined to be in conflict with Subparagraphs 12.08.040(F)(4)(a-b),
the more restrictive standard shall apply.
d.
Exemptions: The Community Development Director, after receipt of
a recommendation from the Public Works Director, and relying on the
City's Transportation System Plan (TSP), the American Association
of State Highway Transportation Officials (AASHTO), adopted Public
Works standards, recognized and accepted "Best Practices," and/or
other such references may reduce or eliminate the requirements at
the intersection of a street and another street; an alley and a street
or a driveway and a street in conjunction with Site Plan Review.
G.
Fences.
Every fence shall be maintained in a condition of reasonable repair
and shall not be allowed to become and remain in a condition of disrepair.
Any fence that is, or has become, dangerous to the public safety,
health, or welfare shall be considered a violation of this Section.
1.
Barbed
wire fencing and other fences constructed of sharp materials shall
only be permitted at the top of a fence, which exceeds six feet in
height, on properties within commercial or industrial Zoning Districts.
Fences in residential zones shall not be constructed of sheathing
material such as plywood, particleboard, or similar materials.
2.
No
fence, hedge, or wall, other than a retaining wall, higher than three
feet shall be erected in the front yard setback or exterior side yard
setback area (for corner lots), measured from the property line in
any residential district.
3.
No
fence or wall, other than a retaining wall, higher than seven feet
shall be erected in the required side or rear yard setback area in
any residential district. Height shall be measured as follows:
a.
In required yards abutting a street, it shall be the effective height
measured from the finished grade on the side nearest the street.
b.
In other required yards, it shall be the total effective height measured
from the top of the fence directly above the finished grade of ground
on the subject property.
4.
There
shall be no limit on the height of a fence or wall in non-residential
districts, except that any fence or wall, which exceeds seven feet
in height, shall conform to the International Building Code.
5.
Fences, hedges and walls located within required clear vision areas shall conform to height limitations and site distance requirements established in this Section 12.08.040(G).
6.
No
person shall construct a berm upon which to locate a fence or wall,
unless the total height of the berm plus the fence or wall would not
exceed the maximum height allowable for the fence or wall if the berm
was not present.
7.
No
fence or wall shall be erected so as to stand in, or in front of,
any required landscaping unless approved at the time of approval of
landscaping plans.
H.
Swimming
pools—Fences or walls.
1.
Every
person in possession of land within a residential district, either
as owner, purchaser under contract, lessee, tenant, or licensee, upon
which is situated a swimming pool or other outside body of water designed
or used for swimming, dipping, or immersion purposes of a depth of
more than 24 inches, shall maintain an enclosure on the lot and completely
surrounding the pool or other body of water of a minimum height of
four feet. The enclosure shall consist of a fence which shall be of
a pattern and type which is resistant to climbing over. The enclosure
may also consist of a wall not less than four feet in height above
the underlying ground or base. All enclosures must be incapable of
being crawled under, and sufficient to make the body of water inaccessible
to small children, with opening, holes or gaps therein no larger than
four inches in any dimension except for doors or gates. In the event
a picket fence is used, the openings between the pickets shall not
exceed four inches in width, provided that a dwelling house or accessory
building may be used as a part of an enclosure.
2.
All
gates or doors opening through such enclosure shall be equipped with
a self-closing and self-latching devise installed at least 40 inches
above the ground or base, capable of keeping such door or gate securely
closed at all times when not in actual use; provided, however, that
the door of any occupied dwelling forming any part of the enclosure
herein above required need not be so equipped.
I.
Conditionally
permitted sidewalk cafes. Conditionally permitted sidewalk cafes may
be permitted to operate on a public sidewalk as defined below:
1.
Limitations
and Requirements. A sidewalk cafe may be permitted if the sidewalk
cafe is situated adjacent to an indoor restaurant or delicatessen
as specified below, and the sidewalk cafe's operation is incidental
to and a part of the operation of such adjacent indoor restaurant
or delicatessen.
a.
Existing indoor restaurants and delicatessens must conform to all
requirements of this Code, in order to be eligible for approval of
sidewalk services.
b.
A sidewalk cafe may be located on the public sidewalk immediately
adjacent to and abutting the indoor restaurant or delicatessen which
operates the cafe, provided that the area in which the sidewalk cafe
is located extends no farther along the sidewalk's length than the
actual sidewalk frontage of the operating indoor restaurant or delicatessen
and all other applicable provisions of this Section are fulfilled.
c.
An indoor restaurant or delicatessen may be permitted to operate
only one sidewalk cafe and each sidewalk cafe shall be confined to
a single location on the sidewalk.
d.
A sidewalk cafe may be permitted only where the sidewalk or porch
is wide enough to adequately accommodate both the usual pedestrian
traffic in the area and the operation of the proposed cafe. There
shall be a minimum of five feet clear distance free of all obstructions,
in order to allow adequate pedestrian movement.
e.
All outdoor dining furniture, including tables, chairs, umbrellas,
and planters, shall be movable. Umbrellas must be secured with a minimum
base of not less than 60 pounds. Outdoor heaters, amplified music,
or speakers shall be reviewed at the time of application for a Conditional
Use Permit.
f.
No signing shall be allowed at any outdoor cafe except for the name
of the establishment on an awning or umbrella valance.
g.
A sidewalk cafe may serve only food and beverages prepared or stocked
for sale at the adjoining indoor restaurant or delicatessen; provided
that the service of beer or wine, or both, solely for on-premises
consumption by customers within the area of the sidewalk cafe has
been authorized as part of a Conditional Use Permit approval. Each
of the following requirements must also be met:
h.
The area in which the sidewalk cafe is authorized is identified in
a manner, as approved by the Director, which will clearly separate
and delineate it from the areas of the sidewalk, which will remain
open to pedestrian traffic.
i.
The sidewalk cafe operation is duly licensed in accordance with this
Code, or prior to the service of any beer or wine at the cafe, will
be duly licensed, by State authorities to sell beer or wine, or both,
for consumption within the area of the sidewalk cafe.
j.
The outdoor preparation of food and busing facilities are prohibited
at sidewalk cafes. The presetting of tables with utensils, glasses,
napkins, condiments, and the like is prohibited. All exterior surfaces
within the cafe shall be easily cleanable and shall be kept clean
at all times by the permittee.
k.
Trash and refuse storage for the sidewalk cafe shall not be permitted
within the outdoor dining area or on adjacent sidewalk areas and the
permittee shall remove all trash and litter as they accumulate. The
permittee shall be responsible for maintaining the outdoor dining
area, including the sidewalk surface and furniture and adjacent areas
in a clean and safe condition.
l.
Hours of operation shall be no greater than nor outside of normal
operating hours of the indoor restaurant or delicatessen. All furniture
used in the operation of an outdoor cafe shall be removed from the
sidewalk and stored indoors whenever the indoor restaurant or delicatessen
is closed.
m.
The City shall have the right to prohibit the operation of a sidewalk
cafe at any time because of anticipated or actual problems or conflicts
in the use of the sidewalk area. Such problems and conflicts may arise
from, but are not limited to, scheduled festivals and similar events,
parades, repairs to the street or sidewalk, or emergencies occurring
in the area. To the extent possible, the permittee will be given prior
written notice of any time period during which the operation of the
sidewalk cafe will be prohibited by the City.
n.
The sidewalk cafe shall not require the provision of additional off-street
parking.
2.
Findings
and Conditions. In connection with approval of a Conditional Use Permit,
the Director shall make findings that the proposed operation meets
the limitations of this Section. The Director may impose such conditions
in granting approval as deemed necessary to assure that the proposed
operation will meet the operating requirements and conditions set
forth in this Section and to assure that the general public health,
safety and welfare will be protected.
3.
Term
and Renewal. A Conditional Use Permit for a sidewalk cafe may be approved
by the Planning Commission for a maximum period of one year. Thereafter,
the Director, if an extension application is filed prior to any expiration
date of the Conditional Use Permit, may extend the permit for additional
periods, not to exceed one year each, following review and approval
of the cafe's operations. In the event the Director considers additional
or revised conditions are necessary and should be imposed if the permit
is to be extended or if the Director is of the opinion that the permit
should not be extended at all, he or she shall refer the application
to the Planning Commission which shall hold a public hearing and thereafter
decide the matter. The Planning Commission may make any extension
of a Conditional Use Permit subject to such additional and revised
conditions and requirements as it deems appropriate or necessary and
any extension granted by the Planning Commission shall not exceed
a period of one year.
4.
Revocation.
A Conditional Use Permit may be revoked by the Director, following
notice to the permittee and a public hearing, upon a finding that
any of the following are true:
a.
One or more conditions of the permit have been violated;
b.
That one or more conditions of this Section have been violated;
c.
That the sidewalk cafe is being operated in a manner which constitutes
a nuisance; or
d.
That the operation of the sidewalk cafe unduly impedes or restricts
the movement of pedestrians past the sidewalk cafe.
5.
Appeals.
The applicant or any interested party may appeal a decision of the
Director to the Planning Commission. All applications for appeal shall
be accompanied by the required fee.
J.
Home
occupation. No person shall conduct a home occupation, as defined
by this Section, without first registering as a business and completing
a Statement of Compliance for Home Occupations. The statement shall
be in the form of an agreement between the applicant and the City
and shall contain such specifications and requirements as are contained
herein.
1.
Definition.
A home occupation is an occupation carried on within a dwelling by
members of a family occupying the dwelling with no non-family employees
performing work.
2.
Business
Registration. The authorization to conduct a home occupation is supplementary
to Roseburg's Business Registration process. Nothing in this Section
is intended to supersede the Business Registration process or other
applicable ordinances or government codes.
3.
Information
Required. The applicant for home occupation shall state the name,
location, and owner of the business and shall also describe the nature
of the business to be conducted. Community Development Department
verification of the appropriate nature of the home occupation and
zoning of the property shall be required.
4.
Approval
shall be a ministerial decision after which a courtesy notice will
be provided to all property owners within 100 feet of the property
subject to the application within at least 15 days after the decision.
5.
General
Requirements. A person who wishes to conduct a home occupation shall
signify their willingness to comply with the provisions of this Section,
including the following General Requirements, by signing a Statement
of Compliance for Home Occupations. Authorization to conduct a home
occupation is not transferable and a change in occupancy or the nature
of the business shall require a separate authorization.
a.
All aspects of a home occupation shall be contained within a completely
enclosed building which shall be the same structure as the principal
residence or an appropriate accessory building.
b.
The occupation shall be a secondary use on the premises and shall
occupy no more than 25% of the ground floor area of the principal
residence, including an attached garage. The allowable floor area
resulting from this calculation may be applied to any portion of the
principal residence or an appropriate accessory building which is
to be used for the home occupation.
c.
No new construction that is undertaken for the express purpose of
accommodating a home occupation shall be permitted. This restriction
shall not apply to the removal of architectural barriers or construction
undertaken to improve access for the handicapped.
d.
There shall be no outside display or storage of merchandise or equipment
on the premises.
e.
A home occupation shall be primarily service oriented. Products made
or sold shall be disposed of primarily by delivery from the premises
to the homes or places of business of customers.
f.
Home occupations shall be allowed one non-illuminated sign, not to
exceed one square foot in area, which identifies the nature of the
occupation and the operator thereof. The sign shall not be located
in any required yard unless it is flat mounted and affixed to the
structure.
g.
No more than two off-site parking spaces may be used in conjunction
with the home occupation at any one time.
h.
The home occupation shall not cause any external affect that will
infringe in any manner upon the rights of neighboring residents to
enjoy the peaceful occupancy of their homes. Such external effects
may include, but are not limited to: increased noise, dust, smoke,
objectionable odors, traffic congestion, excessive lighting or any
effect which is in violation of this Code, or other applicable government
codes.
6.
Exceptions.
Garage sales or other isolated sales shall not be subject to the provisions
of this Section provided that they are not conducted during any more
than three consecutive days of the week and a total of five days during
any calendar month. Such sales are limited to merchandise that is
composed of the real or personal property of the seller not acquired
for the purpose of resale.
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For the purpose of this Section a day care center, day care
group home, or family day care home, as defined by this Code, is not
a home occupation. Bed and Breakfast establishments, as defined or
as may be defined by this Code, are not home occupations for the purpose
of this Section.
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K.
Bed
and breakfast facility.
1.
Definition.
A single-family dwelling where lodging and meals are provided for
no more than six travelers or transient guests. A guest shall not
rent for a time period longer than 15 consecutive nights.
2.
Where Permitted. Bed and Breakfast Facilities are allowed as an outright permitted use in all commercial zones. They are permitted as a conditional use in all residential zones. Bed and Breakfast Facilities are subject to the provisions of Subsection 12.10.010(L) and Section 12.10.080 of this Code. In addition, the following minimum standards shall also apply:
a.
All residences used as Bed and Breakfast Facilities shall be owner-occupied.
b.
Each guest room shall have one off-street parking space, in addition to the parking required for the dwelling by the provisions of Subsection 12.06.030(C) of this Code.
c.
All residences used as Bed and Breakfast Facilities shall be inspected
and approved by the Community Development Director, Fire Prevention
Officer, and Building Official prior to the issuance of an occupancy
permit. Only rooms designed as sleeping rooms shall be used for guest
rooms. Each guest room shall have a smoke detector.
d.
Signing shall be limited to one non-illuminated sign, the size and
location to be approved as part of the Conditional Use Permit process.
e.
All residences used as Bed and Breakfast Facilities shall maintain
an up-to-date guest register listing all guests.
f.
Transfer of ownership shall be subject to issuance of a separate
Conditional Use Permit.
3.
Bed
and Breakfast Facilities shall be inspected by the County Health Department
when required by Douglas County ordinance.
L.
Transitional
uses.
1.
Definition: A use not permitted by the applicable Zoning District yet conditionally permitted in accordance with Section 12.10.080 of this Code (Conditional Use Permits) due to the location of the property with respect to another Zoning District with the intent of providing flexibility and an appropriate transition between properties with different zoning.
2.
Criteria:
A Transitional Use must meet the following criteria in addition to
standard Conditional Use Permit criteria:
a.
The proposed use must be permitted outright by the zoning applied
to an abutting property. For the purposes of this definition an alley
constitutes a shared property line.
b.
Uses permitted by Overlays that are not granted by the base zoning district shall not be considered for a Transitional Use by abutting properties. Similarly, any restrictions or standards applicable to the subject property due to an Overlay shall take precedent over a proposed Transitional Use in accordance with Section 12.02.080 of this Code.
c.
A Transitional Use shall be developed and/or used in accordance with
the more restrictive standards among the applicable zoning districts.
d.
Only one Transitional Use shall be granted to any given property
(i.e., multiple uses permitted by abutting zoning districts are not
allowed).
e.
Exceptions: Due to their uniqueness and intent, the following zoning
districts are not eligible for Transitional Uses: Airport District;
Residential Open Space; Public Reserve; and Central Business District.
M.
Mini-Retail
Businesses.
1.
Definition:
A commercial operation from a small permanent or temporary structure,
vehicle or cart (e.g. Food truck, coffee stand, vendor cart) in an
existing parking lot within the public reserve, commercial or industrial
zones. A certificate of occupancy and/or a business registration shall
not be issued until all conditions of approval from various departments
are satisfactorily met.
2.
The
following standards shall apply to all mini-retail businesses:
a.
Shall not obstruct or be located in the public right-of-way, fire
lane, private access way (e.g. driveway, parking aisle, pedestrian
walkway, bike lane) or restrict access to any parking facilities (auto,
motorcycle, or bicycle) or loading zones.
b.
Shall allow for unobstructed access from the nearest active driveway
by locating further than 20 feet from any local or collector driveway
entrance or 40 feet from any arterial driveway entrance, respectively.
c.
Drive-up windows for temporary businesses that require the stacking
and idling of vehicles awaiting service are prohibited.
d.
Shall provide documented property owner permission to operate the
business.
e.
Any appurtenances associated with the business (e.g. Tables, chairs,
trash bins, wash stations) shall be removed from the site when the
vendor vacates the site.
3.
A
site which allows the placement of mini-retail businesses to be placed
permanently for more than 7 days or the placement of more than two
vendors at a time in a commercial or industrial zone:
a.
Shall meet the applicable standards of the base zone, including conformance
with the site review standards of RMC 12.06.010.
4.
All
food service vendors shall follow local fire, health and sanitation
standards including:
a.
Obtain a Roseburg Fire Department annual vendor permit.
b.
Provide documentation from RUSA indicating an approved wastewater/graywater
disposal method to ensure fats, oils and grease (FOG) do not enter
the RUSA sanitary system.
c.
Vendors requiring the provision of restroom facilities shall utilize
permanently constructed facilities or have documented permission to
access restroom facilities from an adjacent business. The use of temporary
restroom facilities is prohibited.
d.
Shall comply with Douglas County Health standards and obtain appropriate
licenses prior to operation.
N.
Single
Room Occupancy Housing. In addition to meeting requirements for residential
structures defined elsewhere in this Title, single-room occupancy
housing units shall comply with the following:
1.
Each
unit shall have at least 100 square feet of floor area, except that
any unit lawfully constructed prior to permit requirements shall be
deemed in compliance with respect to floor area provided it has at
least 85 square feet of floor area. This exception shall not apply
where any occupancy has been changed or increased contrary to the
provisions of this Title.
2.
Either
a community kitchen with facilities for cooking, refrigeration, and
washing utensils shall be provided on each floor, or each individual
single-room occupancy housing unit shall have facilities for cooking,
refrigeration and washing utensils. In addition, facilities for community
garbage storage or disposal shall be provided on each floor.
3.
Each
unit shall be limited to accommodations for no more than two persons.
4.
Laundry
facilities shall be provided in a separate room at the ratio of one
washer and one dryer for every 10 units.
5.
Cleaning
Supply Room. A cleaning supply room or utility closet with a wash
tub with hot and cold running water shall be provided on each floor
of the SRO facility.
6.
Tenancy
of SRO units shall not be for less than 30 days.
7.
An
SRO facility shall provide one parking space per dwelling unit, one
parking space for the onsite manager where required, and one parking
space for each additional employee. All parking shall be off-street
and located in a parking lot within 500 feet of the subject property.
8.
An
existing structure may be converted to an SRO facility, consistent
with the provisions of this section. Any such conversion must bring
the entire structure up to current building code standards, including
accessibility standards, unless otherwise exempted by the building
official.
(Ord. 3566, § 3, 3-28-2022; Ord. 3514,
§ 6, 11-26-2018; Ord. 3520, § 5, 3-11-2019)
A.
Compliance
standards. Issuance of a development permit for land surface mining
and the continuance of existing land surface mining, including that
which is a non-conforming development, shall comply with other applicable
requirements of this Code. These requirements are in addition to the
requirements for excavation and fill activities within the Floodplain
Overlay District. If the land surface mining operation will extract
more than 5,000 cubic yards of materials or affect land equivalent
in area to one acre or more, the application for a development permit
shall be accompanied by a site investigation report.
B.
Annual
validation of mining operation.
1.
No
land surface mining operation that will extract more than 5,000 cubic
yards of minerals or affect land equivalent in area to one acre or
more shall continue unless a validation of the operating authorization
is in effect. The operating authorization shall be validated annually,
only if the operation is being conducted in compliance with requirements.
2.
A
lawful surface mining operation commenced before the effective date
of this Code and under a permit from the state Department of Geology
and Mineral Industries that was in effect on that date is validated,
if it continues in accordance with the state approval, until the state
permit expires or becomes due for renewal. The permittee, if desiring
to continue the mining after that date, shall apply to the Director
for a validation to continue the mining. The permittee shall submit
with the application the reclamation plan approved by the state for
mining, together with additional information to permit review of the
activity and thereby establish that subsequent mining by the permittee
conforms to the standards established in this Section. Reclamation
completed under the state permit at the time of application for a
validation shall be accepted if it complies with the plan approved
by the state for that reclamation.
C.
Validation
procedure.
1.
An
application for validation shall be submitted not less than 30 days
before the annual date of required renewal except as follows:
2.
Validation shall be issued by the Director upon determination of continued compliance with the approved operation and reclamation program or upon determination that the operation is in an inactive status as provided by Subsection 12.08.050 of this Code. If the application for validation indicates a change in operation conditions or practices, the Director shall refer the validation to the Approving Authority for review if the changes are within the provisions of the standards. If the changes appear to be contrary to the development permit or to be an unauthorized enlargement of a nonconforming development, the application will be advised to submit an application for a new development permit. Operations may continue as authorized for the prior year during validation processing until validation is granted or, in the case of denial, for 30 days or, if appealed, until 30 days after a decision by the appeal body.
3.
The
validation will be granted annually so long as the permittee maintains
a satisfactory bond and otherwise complies with the conditions of
the permit and with these standards.
D.
Inactive
surface mining permit.
1.
The
Director may, upon request, classify an operating permit as inactive
if the site is inactive at the time of renewal and no extractive mining
activity is planned during the ensuing permit year. While inactive,
the annual fee will not be collected. To be inactive, the site must
be in compliance with the reclamation plan with no deficiencies to
either the development or reclamation plan. The bond or other security
must remain current and in effect. Reactivation of an inactive permit
requires prior notice to the Director and payment of the annual fee
at least 30 days before reactivation.
2.
When
a mining operation is classified inactive, previously stockpiled material
may be removed and other materials such as rejects, oversized materials,
and pit run materials not exceeding 5,000 cubic yards may be removed
if the removal does not significantly alter the contours of the site.
No previously un-mined areas may be disturbed and no blasting or ripping
is permitted while inactive. If a deficiency develops at an inactive
site, the permit must be immediately reactivated and the deficiencies
corrected.
3.
Violation
of any of the conditions for inactive classification will result in
the inactive classification being revoked by the Director. All operations
shall then cease until reactivation has been approved.
E.
Background
data in surface mining site investigation. When a site investigation
report is required for an application for a development permit for
surface mining, the applicant shall submit the following background
information to the Director:
1.
Vertical
aerial photographs or equivalent delineation of the general area where
the surface mining is to take place, to a scale of at least one inch
to 200 feet, accurately representing the condition of the property
at the time the application is made and accompanied by a signed statement
that the photographs or drawings do represent that condition.
2.
A
boundary map of the property drawn on an assessor's map, or its equivalent,
or an overlay for the photographs indicating the boundaries of the
property, public roads providing access to the property and any significant
natural or man-made features in the area including streams, water
bodies, contours, rock outcrops, trees, vegetation, buildings, and
fences.
3.
If
the applicant does not own the land on which the mining is to take
place, a written statement from the owner containing the following:
a.
Consent of the owner for the mining to take place there.
b.
Concurrence as to the proposed subsequent development as necessary
to establish the reclamation plan.
c.
Acknowledgment of the owner's obligation to see that the land reclamation
is completed after the mining ceases, and consent for the City to
impose on the land, if necessary as security, a lien for expense the
City necessarily incurs in reclaiming the land.
F.
Investigation
report analysis. A site investigation report for a surface mining
proposal shall be submitted to the Director and shall provide the
following operations data and analysis:
1.
One
or more transparent overlays showing the areas for the following,
together with a statement specifying the approximate acreage of each
of these activities.
2.
A
description of materials to be extracted.
3.
A
general description of the modes of excavation, the types of equipment
to be used, and the disposition of the overburden.
4.
The
starting date for the mining.
5.
A reclamation plan meeting the requirements of Subsection 12.08.050(G).
6.
The
modes of controlling contaminants and disposing of refuse.
7.
A
series of typical cross sections of excavated areas.
8.
For
the purpose of evaluating possible flood and erosion hazards of the
proposed operation, an erosion control plan detailing ground cover
plantings and other modes of controlling erosion of surfaces affected
by the mining.
9.
A
plan for the visual screening by vegetation, walls, fences or other
means to obscure operations from adjacent occupied properties and
from public rights-of-way.
G.
Reclamation
plan. A plan for reclaiming land used for surface mining shall be
prepared by the applicant and shall state a timetable for continually
protecting the land during the mining and for completion of the land
reclamation. The timetable shall provide in part for initiating final
reclamation work within one year after mining or related activity
ceases on any segment of the area where mining has occurred and for
completing reclamation within three years after the mining ceases.
If stated in the reclamation plan, the reclamation may be for a use
other than the use of the land before the mining if the use is one
for which a development permit could be issued under the Zoning District
within which the subject land is located. The plan shall provide for
the following where applicable:
1.
Rehabilitation
of stream banks and channels to prevent erosion, sedimentation, and
other water polluting effects of stream flow from exceeding their
degree before the mining.
2.
Sloping
and other control to stabilize final surfaces and minimize public
hazards.
3.
Vegetating
disturbed areas in a manner conducive to restoring them to a natural
state consistent with the future use stated in the plan.
4.
Preventing
pools of water from becoming public nuisances or health or safety
hazards.
5.
Removing
structures and equipment that otherwise would be abandoned after termination
of the mining.
6.
Otherwise
minimizing the adverse impact of the mined land on the livability,
value, and appropriate development of adjacent property, at least
to the extent that adjacent property could be adversely affected by
other common development that is allowable on the mined property.
H.
Sloping
and grading. The grading of an excavation and the final slope of the
ground shall comply with the following:
1.
Final
surfaces shall be stabilized by sloping, benching or other ground
control methods. If the reclaimed site is to contain slopes steeper
than one vertical to one and one-half horizontal, the steeper slopes
must be specifically approved for stability and appropriate blending
into the natural land forms of the immediately surrounding terrain.
2.
The
bottom of an excavation shall be gradually sloped and graded to allow
surface water to drain into one low area of the excavation. Where
normal drainage is practicable, the excavated areas shall be graded
to drain surface water.
3.
A
slope shall be no steeper below water level then the contours of the
immediately surrounding area except that a steeper slope shall be
permitted if the slope is designed to be stable by an engineer licensed
in the State of Oregon.
4.
If
a water depth exceeding three feet can occur, provisions shall be
made for the safe egress from any point on the shoreline of the excavation.
A shoreline that slopes at a ratio no steeper than one vertical to
three horizontal to a water depth of five feet measured from the low
watermark constitutes safe egress. If the bank above water is steeper
than one vertical to one and one-half (1½) horizontal, a safety
bench of more than two feet below the high watermark and at least
five feet wide may replace the sloping shoreline. If the future use
of the water-filled depression warrants omission of provisions for
safe egress, protection by other means such as fencing may be used.
5.
The
minimum depth of an excavation extending to water-producing depth,
in a location that is not subject to periodic re-depositing of extractive
material by inundation of a stream or river, shall not be less than
eight feet below the low watermark measured in the year of excavation.
Such a condition may be waived if evidence presented by the applicant
shows, and the Approving Authority finds that measures shall be taken
to prevent the stagnation of water and the growth of undesirable water
vegetation.
I.
Drainage.
1.
Natural
flows of groundwater and surface water and storm water drainage shall
be maintained so as to prevent harmful effects on surrounding property.
Erosion shall be controlled in accordance with an erosion control
plan.
2.
Upon
completion of operations in any portion of the area being mined, the
condition of the land shall allow for drainage, while avoiding undue
erosion and the formation of water pockets.
J.
Topsoil
and cover planting.
1.
Sufficient
topsoil and overburden shall be stored on the property in a stabilized
condition to restore graded or backfilled areas and shoreline slopes
above the high water level. Such areas shall be covered with not less
than four inches of topsoil of at least equal quality to that removed,
provided that, if the average depth of the topsoil prior to excavation
was less than four inches, then the depth required need not exceed
such lesser average. If the proposed subsequent development of the
reclaimed area is to be farm or forestry, greater topsoil depth may
be required consistent with the future utilization of the land.
2.
Upon
replacement of topsoil, the operator shall provide ground cover selected
by the operator adequate to control erosion, prevent undue runoff
and restore the surface in a manner suitable for its future development.
K.
Screen
landscape. Existing trees and other natural vegetation adjacent to
a public park, public road, or residential district shall be preserved
for a width of 25 feet. If such trees and other vegetation are insufficient
to provide a screen, screening shall be provided at the boundary of
the property on which the surface mining operation is located in the
form of an ornamental fence or wall, or a landscaped berm to supplement
any screening due to a natural slope or vegetation. If the Approving
Authority finds that natural conditions exist that, as a practical
matter make screening impossible, the requirements of this Section
may be waived in part or in whole.
L.
Safety
fencing. During operations, when an open excavation will have a depth
of 10 feet or more, and will create a slope steeper than one vertical
to two horizontal and is located within 200 feet of residentially
occupied structures or a public road or park, a fence shall be erected
at least 10 feet outside the edge of such excavation at least four
feet in height.
M.
Road
condition.
1.
Excavation
shall not be conducted closer than 150 feet to any property boundary
except where the applicant submits a plan and written proof of compliance
with the following:
a.
The eventual utilization of the site shall be compatible with the
smaller setback and, in addition to providing appropriate screening,
excavation shall be at least 50 feet from the right-of-way of a public
road and 100 feet from the boundary of an area having residential
development.
b.
No flood hazard increase shall result from the allowance of a smaller
setback.
c.
If necessary, the applicant shall refill excavated area closer than
150 feet from a property boundary. The materials shall not pollute
underground waters and, unless the area is approved as a solid waste
landfill, fill material shall not be decomposable.
2.
Equipment
for processing operations shall not be located closer than 50 feet
to the boundary of the property including that along the right-of-way
of a public road, except the setback shall be 150 feet from a residential
district.
3.
A
sand or gravel stockpile or sedimentation pond shall not be located
closer than 25 feet to the boundary of the property including that
along the right-of-way of a public road.
4.
Upon
completion, the setback area shall be smoothed, all excavation debris
removed and all trees which are in an unsafe condition removed.
N.
Stream
operations. Operations in or adjacent to a stream shall conform to
the following additional standards:
1.
The
turbidity of the stream adjacent to the operations shall not be increased
by more than five Jackson Turbidity Units, or such clearer turbidity
required by DEQ.
2.
There
shall be no direct discharge of gravel washing waters into an adjacent
stream.
3.
Operations
shall be conducted behind dikes which are of sufficient height to
control turbidity during low water seasons. Where the dike forms a
permanent river bank, the berm of the dike shall be of sufficient
width and height to contain annual high water.
4.
Equipment
shall not be operated in the flowing streams except to construct or
maintain berms or to make channel improvements, such improvements
having been authorized by the Approving Authority.
5.
The
river channel shall not be diverted from its normal course unless
a permanent river channel is developed to the satisfaction of the
Approving Authority.
6.
Any
necessary permit from the Department of State Lands shall be obtained.
O.
Cleanup
and removal of structures.
1.
During
operations, the site shall be kept free of debris. Overburden shall
be stockpiled or removed and stumps, brush or other debris resulting
from clearing or excavating shall be removed.
2.
Except
for structures approved for permanent retention, within 36 months
of the termination of the operation, all buildings, equipment and
other structures which were used or incidental to the operation shall
be dismantled and removed.
P.
Noise.
If sound from the mining exceeds the maximum permitted by the state
DEQ for a new industry, a berm shall be installed near the site to
reduce the sound from the site to the level permitted by the DEQ for
a new industry.
A.
Purpose and Intent. Severe event shelters provide short-term relief from severe events such as extreme weather. The City of Roseburg Severe Event Shelter Policy, as adopted by council, shall be herein referred to as "the policy" in this section. Severe event shelters shall be within an existing institutional building or other buildings, typically not intended for residential uses, and not currently classified as a Residential Occupancy per Building or Fire Code. It is the intent of these standards to ensure that any conflicts with severe event shelters and the surrounding land uses are mitigated through the special regulations set forth in this Section 12.08.060.
B.
Definitions.
Pertaining to severe event shelters. When used in Title 12 in reference
to severe event shelters, the following terms shall have the meanings
as herein ascribed:
1.
Access
Point: The main point of entry and exit where users, visitors, and
other persons must sign in and out to maintain security within a shelter.
2.
Client(s):
Person or persons who receive services from an operator of a severe
event shelter which shall include overnight sleeping, and may include
other items established per the shelter's operations plan.
3.
Operator:
The organization in charge of daily operations of a severe event shelter.
The operator shall be a civic, non-profit, public, faith, membership
based, or otherwise competent organization and shall be the applicant
for the severe event shelter. The words operator or applicant may
be used interchangeably as they are one in the same.
4.
Operational
Period: Days in which a severe event shelter are permitted to operate
per the policy.
5.
Operations
Plan: The guiding document for an operator to use in determining the
standards clients must adhere to in a shelter.
6.
User(s):
See 12.08.060 (B)(2) client(s).
C.
Severe
Event Shelter Permit Requirements.
1.
In
order to begin operating a severe event shelter, an operator shall
apply for and receive an approved site review permit per the policy.
D.
General
Standards for Severe Event Shelters. The following standards shall
apply to severe event shelters:
1.
Operational
Requirements. The operator shall be required to meet the following
standards as it pertains to shelter operations:
a.
Conformance. It shall be the duty of the operator to ensure and maintain
compliance with the policy and the requirements of the site review
permit.
b.
Operations Plan. An operations plan shall be required for a severe
event shelter. The operations plan shall include, at a minimum, items
addressing client interaction, operational period, rules for shelter
use and opening, facility operations and maintenance, safety and security
provisions, including an emergency evacuation plan as identified in
the policy.
2.
Operational
Period.
3.
Standards
for Closing/Suspending Severe Event Shelters. A shelter may be closed
or suspended in accordance with the following procedures and criteria:
a.
A severe event shelter shall close or the operations may be suspended
if:
i.
Conditions are considered non-severe per the City Manager.
ii.
The City Manager, or designee, has determined that it would be in
the public interest to do so.
iii.
Any safety issues are identified during an inspection, including,
but not limited to fire and life safety issues.
iv.
Any violation of the Roseburg Municipal Code and/or state or federal
law occurs.
b.
Clients of a temporary shelter, the operator, and the property owner
shall be given a 24-hour notice to cease operations, unless immediate
closure is necessary due to issues pertaining to fire or life safety.
The owner or operator shall not be required to remove components utilized
for the severe event shelter if:
c.
The City Manager, or designee, may revoke a shelter's permit and the decision shall be effective immediately. Appeals of this decision shall be made to the City Council. The decision of the Council or its designee shall be final. An appeal to Council must be submitted to the City Recorder within 10 days of the date of the decision. An appeal to Council shall follow the process identified per Section 11.10.040(E)—(I).
4.
Consent
to Inspection of Severe Event Shelter(s).
a.
Severe event shelters are subject to inspection at any time by the
City to verify safe operation of a shelter.
i.
Inspections by the City may include inspections of all portions of
a severe event shelter. Inspections shall be in conformance with all
applicable local, state, and federal laws.
b.
Inspections may be required prior to each opening of a severe event
shelter. All violations of applicable codes found through an inspection
shall be resolved prior to commencing operations of a severe event
shelter. Inspections may be required by the following City departments
to verify conformance with applicable codes, prior to operations commencing:
E.
Site
Standards for Severe Event Shelters. The following standards shall
apply to the development and use of severe event shelters:
1.
In
residential zones, severe event shelters shall be an accessory use
to institutional uses, such as a public and semi-public building and/or
use.
2.
In
commercial and industrial zones, severe event shelters may be an accessory
or primary use.
3.
Adequate space shall be provided for client's personal items and shall not displace required parking per Section 12.06.030 (H).
4.
Access
points shall have a trash receptacle that does not block the public
right-of-way and is large enough for trash disposal during times of
intake.
5.
Adequate
access shall be given for emergency vehicles and personnel, where
applicable.
6.
Operators
of severe event shelters shall comply with all provisions contained
in the most recently approved City of Roseburg Severe Event Shelter
Policy.
(Ord. 3545, § 7, 12-14-2020)
